European Requirements for exports to the EU

Transcription

1 Workshop II European Requirements for exports to the EU Possibilities for Brazilian Companies Sascha Schuh Managing Director ELS Europäische LizenzierungsSysteme GmbH Câmara de Comércio e Indústria Brasil-Alemanha São Paulo, Brazil / 22 September 2016 Recycling on the rise in the Federative Republic of Brazil

2 Workshop Structure I. Significant European Legislation on Packaging, WEEE, and Batteries II. III. Solutions for Brazilian Exporting Firms in terms of legal Requirements Closing Remarks 2

3 I. Significant Legislation on Waste Disposal: Packaging, WEEE, and Batteries 3

4 Significant Legislation on Waste Disposal Requirements for all Producers, Retailers, and Exporters to the EU Packaging Directive: Sales packaging has to be licensed at take-back and recycling systems (dual systems) in order to finance collection, sorting and recycling Packaging Directive: Transport packaging has to be licensed under national law at take-back and recycling systems (dual systems) in order to finance collection, sorting and recycling Batteries Directive: Take-back and recycling obligation for batteries; producers have to register at a central office in each EU member state WEEE Directive: Take-back and recycling obligation for electrical & electronic equipment; restriction of the use of certain hazardous substances 4

5 Significant Legislation on Waste Disposal European Waste Framework Directive (2008/98/EC) strategy: a waste hierarchy with the principles avoidance, recovery, disposal of waste in Germany the respective legal framework is the Waste Management Act 5

6 Significant Legislation on Waste Disposal European Legislation in general waste disposal in Europe is governed by a number of European regulations and directives European regulation automatically apply to each of the member states European directives must be separately transposed into national law by each member state the basis of the legal European framework on waste disposal is the Waste Framework Directive (2008/98/EC): 6

7 4 Significant Legislation on Waste Disposal 1. European Packaging Directive 94/62/EC and obligations Directive s targets: a high level of environmental protection by take-back and recycling obligations of packaging for producers and distributors ensuring the functioning of the internal market by avoiding obstacles to trade and distortion and restriction of competition Obligations producers and distributors are obliged to take over the responsibility for managing the end-of-life of a packaging producers and distributors have to think of the end of life of their packaging already at the point of production and design packaging have to be designed in such a way as to reduce waste occurrence and allow environmental friendly recovery and recycling 7

8 European Packaging Directive: Consequences obligation for manufacturers and distributors to take back, to sort and to recycle their products brought into the markets as industry and distributors are not able to fulfil these demands by themselves they give over their obligation to privately organized and owned take-back and recycling schemes/ EPR schemes such as e. g. ELS Europäische LizenzierungsSysteme license fees have to be paid in order to finance collection, sorting, and recycling 8

9 2. European WEEE Directive 2002/96/EC waste of electrical and electronic equipment (WEEE) such as computers, TV-sets, fridges and cell phones is one the fastest growing waste streams in the EU, with some 9 million tons generated in 2005, and expected to grow to more than 12 million tons by 2020 the Directive provided for the creation of collection schemes where consumers return their WEEE free of charge these schemes aim to increase the recycling of WEEE and/or re-use in 2012, revision of the Directive new: 2012/19/EU came into force in order to tackle the fast increasing waste stream 9

10 3. European Batteries Directive 2006/66/EC batteries and accumulators play an essential role to ensure that many daily-used products, appliances and services work properly every year, approximately tons of automotive batteries, tons of industrial batteries, and tons of consumer batteries enter the European Union improperly disposal increases the risk of releasing hazardous substances and constitutes a waste of resources as recycling of batteries is worthwhile directive 2006/66/EC intends to contribute to the protection, preservation and improvement of the quality of the environment by minimizing the negative impact of batteries and accumulators and waste batteries and accumulators 10

11 3. European Batteries Directive 2006/66/EC: Obligations to achieve these objectives, the Directive prohibits the marketing of batteries containing some hazardous substances defines measures to establish schemes aiming at high level of collection and recycling fixes targets for collection and recycling activities also sets out provisions on labelling of batteries and their removability from equipment producers of batteries and accumulators and producers of other products incorporating a battery or accumulator are given responsibility for the waste management of batteries and accumulators that they place on the market 11

12 4. European Packaging Directive 94/62/EC: Transport Packaging EU Directive does not differ between sales packaging and transport packaging several EU member states include transport packaging within their packaging legislations and accordingly provide take-back and recycling of transport packaging transport packaging is packaging, which facilitate the transport of goods, keep goods on the transport from damage or is used for reasons of safety of transport and fall at the distributor producers, distributors, and ex- or importers have to take part in a dual system and to pay license fees 12

13 Significant Legislation on Waste Disposal European and National Legislation turning waste into a resource is the key to a circular economy the objectives and targets set in European legislation have been key drivers to improve waste management stimulate innovation in recycling limit the use of landfilling create incentives to change consumer behavior 13

14 European and National Legislation obligations and quotas set in European legislation are requirements which have to be implemented within the national legislation of the member states as standards in the EU member states are quite different developed EU legislation set minimum requirements these minimum requirements might be increased (but not decreased) by the single member states as a result packaging legislation within the single EU member states is non uniform large challenges for companies who export to the EU! 14

15 Example: Germany s Legislation on Circular Economy Germany (and many other EU member states) sets much higher obligations in national legislation, e. g.: 1991: Packaging Ordinance first packaging legislation worldwide, much higher sorting and recycling quotas as EU legislation 7th Amendment in 2014: much higher restrictions for producers and distributors 2005: Battery Act amended in 2015 batteries have to be sorted separately in order to by recycled a contribution to responsible resource management batteries also contain substances that pose a risk to health and the environment; for this reason, it is prohibited to dispose of them as household waste 15

16 Overview Germany (and many other EU member states) sets much higher obligations for legislation, e. g.: 2005: Electrical and Electronic Equipment Act (ElektroG) distribution of electrical and electronic equipment by the consumer at municipal collection points, to supply it an environmentally-friendly disposal 2012: Germany s Waste Management Act disposal of specific types of product waste (respectively end-of-life vehicles, used batteries and end-of-life electronic and electrical devices) is governed by the ELV regulation (AltfahrzeugV), Batteriegesetz (BatterieG) and Elektro- und Elektronikgerätegesetz (ElektroG) 16

17 II. Solutions for Brazilian Exporting Firms to fulfill European Requirements 17

18 Requirements for Brazilian Exporting Firms Importing Obligations in Europe numerous obligations for companies who export to Europe in our case especially on packaging, batteries and electronical goods European legislation national legislation jungle of confusing obligations disregard might raise trouble and penalties ELS takes care for the European wide registration 18

19 Solutions for Brazilian Exporting Firms ELS Service ELS Europäische LizenzierungsSysteme GmbH European licensing company is a subsidiary of ASCON Holding since 2008 very successful in the German market, since 2014 with an own dual scheme since 2016 own dual scheme in Austria; further systems at planning stage ELS is expert service provider for European Markets ELS offers Brazilian exporters custom-made solutions for packaging licensing ELS offers custom-made solutions on obligations for batteries and electronical goods 19

20 Solutions for Brazilian Exporting Firms ELS products for European wide solutions Support of the obligated parties to implement the Packaging Ordinances in all EU member states: Take-over of report and documentation obligations of our customers Company-specific, individual consulting of our clients related to a legally compliant and economically optimised licensing of packaging Ordinance-compliant options of packaging licensing Licensing of sales packaging as well as of transport packaging 20

21 Solutions for Brazilian Exporting Firms ELS products for European wide solutions Support of the obligated parties to implement the Packaging Ordinances in all EU member states: Packaging analysis and optimisation Consulting alongside the entire value added chain Solutions for companies who deliver in foreign countries Attestation by official experts required for the annual declaration of completeness to the responsible chamber of commerce 21

22 ELS Service Legally compliant comfortable sustainable fair 22

23 ELS Service Legally compliant comfortable sustainable fair 23

24 III. Closing Remarks Workshop I and II in São Paulo, Brazil / 22 September

25 ASCON Resource Management Holding Success ǀ Future ǀ Visions If we re-manufacture, reuse and recycle, and if one industry's waste becomes another's raw material, we can move to a more circular economy where waste is eliminated and resources are used in an efficient and sustainable way. 25

26 ASCON Resource Management Holding Success ǀ Future ǀ Visions our goal is to close cycles together with our customers and to live EPR in Germany, in Europe and worldwide with ASCON waste changes to valuable secondary raw materials we provide own take-back and recycling solutions and therefore a highly efficient overall concept for the collection, sorting and recycling of recyclable materials in Europe and worldwide in addition, ASCON is operationally active in the direct marketing of secondary raw materials the group around the Holding provides a sustainable, integrated materials flow management, nationally and internationally 26

27 ASCON Resource Management Holding Success ǀ Future ǀ Visions ǀ Partner ASCON would be pleased to support in any question of EPR schemes Expert implementation and operating a privately operated system for packaging recycling or any other EPR scheme like expired pharmaceuticals, agricultural films, carpets etc. or to discuss any item of interest and to become YOUR international partner 27

28 Please do not hesitate to contact us in case of any further question! Sascha Schuh ǀ Managing Director ELS Europäische LizenzierungsSysteme GmbH Margaretenstrasse Bonn Germany T: +49 (0) F: +49 (0) s.schuh@els-systeme.de World-wide Services for a Practised Circular Economy 28