Technical and Environmental Affairs WEEE II Fact Sheet Foreword Almost exactly one year after the publication of the so-called RoHS II Directive (2011/65/EU) in the Official Journal of the European Union, the revised WEEE Directive was also issued on 24 July 2012. This brought to a conclusion the recast of the two directives on waste electrical and electronic equipment (WEEE) after protracted and arduous negotiations. The WEEE II Directive of 4 July 2012 has the number 2012/19/EU (N.B.: now /EU instead of /EC). Summary of the directive The directive is based on Article 192 of the TFEU* (formerly Article 175 of the EC Treaty), i.e. deviations are permitted when it comes to transposition in the member states (differences in circumstances between the individual regions are taken into consideration); Scope: Previous legal situation continues until 2018, with widening thereafter o 10 equipment categories (Annex I) covered by the scope of the o directive until 2018 6 equipment categories (Annex III) covered by the scope of the directive from 2018 onwards, plus open scope Explicit citation of 10 exemptions from the scope Requirements for product design (interface to the Ecodesign Directive 2009/125/EC) Requirements for collection, treatment and recovery (minimum targets) Minimum requirements in relation to shipments Requirements in relation to financing, separated according to B2B and B2C equipment Registration, information and reporting New: The Authorised representative Marking of equipment in the form of a crossed-out wheeled bin symbol Attention: The term EEE used in the following text is used for electrical and electronic equipment * Treaty on the Functioning of the European Union (TFEU or FEU Treaty) VDMA German Engineering Federation President: Dr. Reinhold Festge Executive Director: Thilo Brodtmann Technical and Environmental Affairs Department Lyoner Str. 18 60528 Frankfurt am Main Germany Phone +49 69 66 03-19 07 Fax +49 69 66 03-29 07 E-Mail tu@vdma.org Internet www.vdma.org VDMA Technology Serving People
Details of the directive Legal basis Publication Deadlines/Time-limits (of relevance for either manufacturers / distributors of EEE, waste treatment operators / recyclers, the EU Commission or the member states); see Annex Attention: Time-limits of importance for manufacturers are highlighted and are set out first Directive 2012/19/EU of the European Parliament and of the Council of 4 July 2012 on waste electrical and electronic equipment (= recast directive 2002/96/EC; the so-called WEEE Directive ). Official Journal L 197 of 24 July 2012, pages 38-71 Entry into force: 14 August 2012 (Article 26) Transposition into national law of member states: 14 February 2014 (Article 24 (1)) Repeal of Directive 2002/96/EC: 15 February 2014 (Article 25) Applicability of the 10 equipment categories in accordance with Annex I: 14 August 2018 (Article 2 (1 a)) Applicability of the 6 equipment categories in accordance with Annex III: 15 August 2018 (Article 2 (1 b)) Up to 31 December 2015: Collection rate of 4 kg per inhabitant per year (Article 7 (1)) 2016: Minimum collection rate of 45% expressed as a percentage of average weight (Article 7 (1)) 2019: Minimum collection rate of 65% expressed as a percentage of average weight or alternatively 85% of WEEE generated (Article 7 (1)) Overview of contents No later than 14 February 2013: Development of European standards for the treatment of WEEE (Article 8 (5)) No later than 14 February 2014: Adoption of delegated acts on the shipment of WEEE (Article 10 (3)) Deadline for review of scope: 14 August 2015 (Article 2 (5)) No later than 14 August 2015: Adoption of implementing acts on methodologies for calculation (Article 7) No later than 14 August 2015: Reports on incorporation of costs (Article 12 (6)) No later than 14 August 2016: Re-examination of the recovery targets (Article 11 (6)) Product responsibility in relation to electrical and electronic equipment (EEE) / return of waste EEE / registration of producers electrical and electronic equipment or EEE means equipment which is dependent on electric currents or electromagnetic fields in order to work properly and equipment for the - 2 -
Scope up to 14 August 2018; see Annex generation, transfer and measurement of such currents and fields and designed for use with a voltage rating not exceeding 1,000 volts for alternating current and 1,500 volts for direct current (Article 3 (1) a)) 10 product categories as set out in Annex I (exhaustive list), with examples of EEE in Annex II (indicative list) applicable up to 14 August 2018 (Article 2 1 a)) afterwards 6 product categories as set out in Annex III (open scope), with examples of EEE in Annex IV (non-exhaustive list) applicable as from 15 August 2018 (Article 2 (1) b)) 10 defined exemptions from the scope (Article 2 (3) a) to c), and (4) a) to g)) Setting up of collection systems for WEEE from private households (Article 5 (2) to (4)) Prohibition of disposal for separately collected WEEE (Article 6) Minimum collection rates (Article 7) Requirements for the treatment of WEEE (Article 8) Requirements in relation to the export (shipment) of WEEE (Article 10) Recovery targets (Article 11 and Annex V) Manufacturers obligations and obligations of authorised representatives (Articles 12 to 17) WEEE marking in the form of a crossed-out wheeled bin symbol (Article 14 (2) e) and (4), and Annex IX) Requirements in relation to registration (Article 16 and Annex X) 10 equipment categories: 1. Large household appliances 2. Small household appliances 3. IT and telecommunication equipment 4. Consumer equipment 5. Lighting equipment 6. Electrical and electronic tools (with the exception of large-scale stationary industrial tools) 7. Toys, leisure and sports equipment 8. Medical devices (with the exception of all implanted and infected products) 9. Monitoring and control instruments 10. Automatic dispensers Notes: This scope is identical to the scope of the old WEEE Directive 2002/96/EC (Annex IA) ; i.e., Attention: Up to 14 August 2018 everything remains unaffected! Annex II contains an indicative list of EEE which - 3 -
Scope as from 15 August 2018; see Annex Exemptions from the scope (the first three apply to the period up to 14 August 2018, whereas the EEE set out in points 4 to 10 apply in addition for the time after 15 August 2018); see Annex falls within the 10 categories 6 equipment categories 1. Temperature exchange equipment 2. Screens, monitors, etc. 3. Lamps 4. Large equipment (any dimension more than 50 cm) 5. Small equipment (no dimension more than 50 cm) 6. Small IT and telecommunication equipment (no dimension more than 50 cm) Notes: The change in the scope as set out in Article 2 (1) b) introduces so-called open scope. Attention: EEE requires reassessment! Annex IV contains a non-exhaustive list of EEE which falls within the 6 categories The directive applies to both: WEEE from private households ( B2C ) and WEEE for professional use ( B2B ) 10 explicitly defined exemptions from the scope of the directive (Article 2 (1) a) and (1) b) in conjunction with Article 2 (3) and (4)): 1. equipment which is necessary for the protection of the essential interests of the security of Member States, including arms, munitions and war material intended for specifically military purposes 2. equipment which is specifically designed and installed as part of another type of equipment that is excluded from or does not fall within the scope of this Directive, which can fulfil its function only if it is part of that equipment 3. filament bulbs 4. equipment designed to be sent into space 5. large scale stationary industrial tools (LSSIT) 6. large-scale fixed installations (LSFI), except any equipment which is not specifically designed and installed as part of those installations 7. means of transport for persons or goods, excluding electric two-wheel vehicles which are not type-approved 8. non-road mobile machinery made available exclusively for professional use 9. equipment specifically designed solely for the purposes of research and development that is only made available on a business-to-business basis 10. medical devices and in vitro diagnostic medical devices, where such devices are expected to be infective prior to end of life, and active - 4 -
implantable medical devices Caution with No. 6 in relation to the restriction! Registration Notes: The exemptions under numbers 2, 5, 6 and 8 are of particular relevance for machinery manufacturers The exemptions vary to a certain extent from those in the RoHS Directive (2011/65/EU), both in terms of content (e.g. filament bulbs, photovoltaic panels) and wording Every producer or authorised representative whose EEE fall within the scope of the directive must be registered in the national register of producers (Article 16). Producer is defined as the actual producer of the EEE the person who applies his brand name to the EEE the person who imports the EEE and places it on the market for the first time Extensive information must be provided in accordance with a standard format as part of registration (Article 16 (2) c) and d), and Annex X). The national registers of the member states must provide links to the national registers of the other member states (Article 16 (2) d)) Note: A producer or manufacturer established in Germany, for example, must register in Germany if he places EEE on the market in Germany. If he places his EEE on the market in other member states of the EU, he must also register in all the other countries in which he places EEE on the market in addition to the German registration. The fulfilment of this obligation can be undertaken by an authorised representative. Authorised representative A producer who places EEE on the market in a member state in which he is not established can appoint an authorised representative in those countries as the person responsible for fulfilling the obligations of the producer (Article 17 (1) and 2)) The authorised representative must be appointed by written mandate (Article 17 (3)) Collection, treatment and recovery obligations Collection rates (Article 7) From 2016, a collection rate of 45% calculated on the basis of the total weight of WEEE collected in a year applies as a general rule From 2016, the collection rate is to evolve gradually to a collection rate of 65% of the - 5 -
average weight Until the end of 2015, a collection rate of 4 kg per inhabitant per year applies. Attention: Individual member states may set more ambitious rates for collection! Proper treatment (Article 8 and Annex VII) Requirement for the use of best available techniques Setting up of minimum quality standards and the development of standards for the treatment of WEEE Marking / obligations to provide information Recovery targets (Article 11 and Annex V) Specification of minimum targets for each equipment category The crossed-out wheeled bin symbol (Annex IX) must be printed visibly, legibly and indelibly on the WEEE. Attention: In exceptional cases (e.g. the WEEE is too small), the symbol may be printed on the packaging, on the warranty or on the instructions for use. Possibility of requiring producers to show the costs of disposal for new products Financing B2C (Article 12): Producers are required to provide at least for the financing of the collection and further disposal from the municipal collection facility onwards Producers may choose between an individual solution or joining a collective scheme Provision of a guarantee for the event of insolvency B2B (Article 13): Producers of B2B equipment may conclude bilateral agreements with their customers on the costs of disposal (who takes back what, when and subject to what conditions) Attention: As a general rule, engineering products are capital goods. Companies affected by the directive should therefore avail themselves of this option. - 6 -
Other special provisions Further information VDMA contact Shipment of waste: Equipment can also be shipped outside the member state concerned for the purpose of treatment, but only subject to stringent controls. In the Internet at the website of the EU Commission: http://ec.europa.eu/environment/waste/weee/index_en.ht m Technical and Environmental Affairs Department Karl-Werner Benz + 49 69 66 03 13 24 karl-werner.benz@vdma.org VDMA European Office Hanna Blankemeyer + 32 2 706 82 17 hanna.blankemeyer@vdma.org Assessment Thanks to the fact that the scope of the previous WEEE Directive (2002/96/EC) has been adopted, there are no changes for the next six years. Plant and machinery engineering may possibly be affected by the new WEEE Directive when the change in the scope of the closed scope is opened up (so-called open scope ) as from mid-2018. Similar to RoHS II, it is the case here too that the recast does not necessarily provide the level of clarity required with regard to the scope of the directive. Positive aspects For our members, important, explicitly defined exemptions from the scope of the directive (e.g. large-scale stationary industrial tools, large-scale fixed installations, part of equipment, etc.) 6 years of protection of existing rights Affected companies may conclude bilateral agreements with their customers on disposal modalities for WEEE in the case of B2B equipment Negative aspects: Open scope as from 15 August 2018 Lack of planning certainty: Review of the scope of the directive within the next 3 years (no later than 14 August 2015; note: no changes made) FAQ paper published by the EU Commission on WEEE II (dated April 2014) with cross-reference to the FAQ on RoHS II (fixed sizes in relation to the definition of LSSIT and LSFI) - 7 -
National transposition The German Act Governing the Sale, Return and Environmentally Sound Disposal of Electrical and Electronic Equipment (Electrical and Electronic Equipment Act [or ElektroG] of 16 March 2005) was revised within the framework of the transposition of RoHS II* in May 2013 (with amendments required in relation to the deletion of the substance restrictions from the ElektroG and their incorporation in the ElektroStoffV instead). *Note: Information about the contents and the assessment of the RoHS Directive is provided in a separate fact sheet on RoHS II. On 23 October 2015 the revised ElektroG (German Act Realigning the Law Governing the Sale, Return and Environmentally Sound Disposal of Electrical and Electronic Equipment) was published in the German Federal Law Gazette (BGBl. 2015, Part I, No. 40, page 1739). This so-called amending act contains as Article 1 the German act Governing the Sale, Return and Environmentally Sound Disposal of Electrical and Electronic Equipment (Electrical and Electronic Equipment Act, or ElektroG), and therefore transposes the requirements of the WEEE II Directive. Of further importance are Articles 3 Further amendments to the electrical and electrical equipment act and Article 7 Entry into force, repeal. Paragraph 3 of Article 7 stipulates that Article 3, which contains the revision of the equipment categories, enters into force on 15 August 2018. Specificities of the national transposition: Definition of historical waste (Article 1, 3, No. 4): Historical waste is defined as waste electrical equipment which was placed on the market as new equipment before it fell within the scope of the ElektroG. Definition of offering (Article 1, 3, No. 6): The term offering is of critical importance for the definition of producers and distributors. The point of reference for the definition of producer as set out in number 9 is the term offering as set out in number 6. The placing of equipment on the market is no longer the point of reference, as it was the case in the previous ElektroG and in the WEEE Directive, because the producer is already subject to key obligations before the equipment is placed on the market (registration, guarantee certificate and furnishing of prima facie evidence). In order to ensure the law is applied with legal certainty, therefore, the definition of producer is based on the earlier point in time of offering. Luminaires for private households and photovoltaic panels (Article 1, 46 (9)): The provisions of the act in respect of luminaires for private households and photovoltaic panels only enter into force on 1 February 2016. Notwithstanding the provision in clause 1, the responsible authorities register producers of luminaires for private households or photovoltaic panels, or the authorised representatives of such producers, at their request, in accordance with 37 (1), with effect from 1 February 2016. - 8 -
Cost Ordinance on the Electrical and Electronic Equipment Act (ElektroGGebV) Along with the new Electrical and Electronic Equipment Act (ElektroG), the Cost Ordinance on the Electrical and Electronic Equipment Act (ElektroGGebV) also entered into force (BGBI. 2015, Part I, No. 40, page 1776). The new ordinance provides the foundations for ensuring that the organisation of the existing and future structures for the disposal of WEEE is financed by the operators concerned. In addition to the recast ElektroG, provisions of the new Federal Fees Act (BGebG) and the General Regulation on Fees (AGebV) also needed to be taken into account, so as to the provisions of the previous Cost Ordinance on the Electrical and Electronic Equipment Act (ElektroGKostV) has been revised and adapted to the new legal requirements. With regard to the fee elements which were already part of the ElektroGKostV in comparable form, the fee level was adjusted to current circumstances for the return and disposal of WEEE in Germany. The level of fees for all fee elements was recalculated on this basis. Annex 2 contains threshold values for exemptions from fees pursuant to 2. These values have been taken from Annex 2 of the ElektroGKostV without any changes. Attribution to threshold values is on the basis of equipment type. These are specified by producers within the framework of the regulation of the product areas at the clearing house. The designations in the equipment type column reflect the corresponding specified equipment types. Further information German Federal Ministry for the Environment, Nature Conservation, Building and Nuclear Safety (BMUB): http://www.bmub.bund.de/themen/wasser-abfallboden/abfallwirtschaft/abfallarten-abfallstroeme/elektro-und-elektronik-altgeraete/ German Federal Environment Agency (UBA): https://www.umweltbundesamt.de/themen/abfall-ressourcen/produktverantwortungin-der-abfallwirtschaft/elektroaltgeraete/elektro-elektronikgeraetegesetz and https://www.umweltbundesamt.de/themen/abfall-ressourcen/produktverantwortungin-der-abfallwirtschaft/batterien National register for waste electric equipment: https://www.stiftung-ear.de/ European WEEE Registers Network: https://www.ewrn.org/ Important!!! Responsibility for the product rests with the manufacturer. The manufacturer knows his equipment better than anyone and he decides whether or not his machines fall within the scope of the directive or the exemptions from the scope of the directive. The fact sheet contains no more than a compilation of the key provisions and a short interpretation from the viewpoint of the VDMA. It is no substitute for personal scrutiny by the manufacturer of the obligations associated with the RoHS Directive and the ElektroStoffV. VDMA, February 2016-9 -
Annex The following information was taken from the WEEE 2 FAQ of April 2014: 1) Decision tree 2) Scope - 10 -
3) General exemption Part of another type of equipment 4) Special exemptions Large-scale (LSSIT and LSFI) - 11 -
5) Special exemptions Means of transport and Non-road mobile machinery - 12 -