National Registration for Producers of Electronic Waste
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Engelbert Westkämper · Carsten Ulbricht · Hans-Jochen Lückefett · Stefan Dully Editors
National Registration for Producers of Electronic Waste
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Editors Prof.Dr.-Ing. Prof.e.h. Dr.-Ing.e.h.Dr.h.c.mult. Engelbert Westkämper Universität Stuttgart Fak. 07 Maschinenbau Inst. Industrielle Fertigung und Nobelstr. 12 70569 Stuttgart Germany
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Dr. jur. Carsten Ulbricht Hölderlinplatz 5 70193 Stuttgart Germany
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Hans-Jochen Lückefett Schickardstrasse 30 71034 Boeblingen 1WEEE Services GmbH Germany
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Dipl.-Wi.-Ing. Stefan Dully Frauenhofer Institut für Produktionstechnik und Automatisierung Produkt- und Qualitätsmanagement Nobelstr. 12 70569 Stuttgart Germany
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ISBN 978-3-540-92745-7 e-ISBN 978-3-540-92746-4 DOI 10.1007/978-3-540-92746-4 Springer Dordrecht Heidelberg London New York Library of Congress Control Number: 2009926859 © Springer-Verlag Berlin Heidelberg 2009 This work is subject to copyright. All rights are reserved, whether the whole or part of the material is concerned, specifically the rights of translation, reprinting, reuse of illustrations, recitation, broadcasting, reproduction on microfilm or in any other way, and storage in data banks. Duplication of this publication or parts thereof is permitted only under the provisions of the German Copyright Law of September 9, 1965, in its current version, and permission for use must always be obtained from Springer. Violations are liable to prosecution under the German Copyright Law. The use of general descriptive names, registered names, trademarks, etc. in this publication does not imply, even in the absence of a specific statement, that such names are exempt from the relevant protective laws and regulations and therefore free for general use. Cover design: WMXDesign GmbH Printed on acid-free paper Springer is part of Springer Science+Business Media (www.springer.com)
Preface
In a market economy, business success and continuity is ultimately determined by the market. So the transformation that is clearly visible in our companies is accompanied by political and legal changes in the nations. The Directive on Waste Electrical and Electronic Equipment serves as an example that affects companies in many ways. The most striking feature of the guideline is that the necessary registrations must be obtained for each nation of the European Union. This book is meant to support you in this matter. It has called on experts from each nation to describe the situation in their countries on the basis of a defined questionnaire. Their articles want to enable the reader to understand the matter of affairs in each country and to provide a point of contact. Complying with the obligation to register, however, should not be sufficient for forward-looking businesses. Future-oriented companies should endeavor to operate in a more environmentally sound and sustainable way, with a view to the whole life cycle of the product. From a scientific perspective, this effort must be supported by the development of procedures that allow for a systematic analysis and improvement of the system including the necessary services. Within this context, an ongoing collaboration between reliable partners and disciplines is required. For this reason, the present book is based on the close collaboration between – 1WEEE Services GmbH, Boeblingen – Diem und Partner, Law Firm, Stuttgart – Fraunhofer Institute for Manufacturing Engineering and Automation, Stuttgart as well as with the authors from the different countries of the European Union. I would like to express my sincere thanks to the authors for their efforts and to Springer-Verlag for including the book in their range of products, as well as to the printing house for its neat and prompt production. I hope this book may be helpful to all companies who need to register in the different countries of the European Union. Fraunhofer Institut, Stuttgart, Germany
Prof. Dr.-Ing. Engelbert Westkämper
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Contents
Introduction to the WEEE Directive (2002/96/EC) . . . . . . . . . A The WEEE Directive (2002/96/EC) . . . . . . . . . . . . . . . . B The Implementation into National Law . . . . . . . . . . . . . . C Three Good Reasons Why This Book Could Help You . . . . . . D Does Your Product Fall Under the Scope of the WEEE Directive E The “Producer”: The Obliged Party for WEEE Purposes . . . . . F Registration at the National Authorities . . . . . . . . . . . . . . a. Registration Body . . . . . . . . . . . . . . . . . . . . . . . b. Frequency . . . . . . . . . . . . . . . . . . . . . . . . . . . c. Registering Entity . . . . . . . . . . . . . . . . . . . . . . . d. Way of Submission . . . . . . . . . . . . . . . . . . . . . . e. Required Registration Data . . . . . . . . . . . . . . . . . . f. Fees . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . G Reporting . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . H Labelling . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . I Take Back and Recycling . . . . . . . . . . . . . . . . . . . . .
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1 1 1 2 2 2 3 3 3 3 4 4 4 5 6 6
The Implementation of the WEEE Directive in the EU: An Overview of Recent Case Law in Germany . . . . . . A Introduction . . . . . . . . . . . . . . . . . . . . . . . B Case Law . . . . . . . . . . . . . . . . . . . . . . . . . C Summary . . . . . . . . . . . . . . . . . . . . . . . . .
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Review of the WEEE Directive . . . . . . . . . . . . . . . . . . . . . . . D Conclusion . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
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Austria . . . . . . . . . . . . . . . . A The National WEEE Legislation B Critical Definitions . . . . . . . . C The National Scope of WEEE . . D National Timelines . . . . . . . . E The National Registration Body . F Registration Data . . . . . . . . G The Financial Guarantee . . . . .
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Foreign Producers . . . . . . . . . . . . . Labelling . . . . . . . . . . . . . . . . . . Reporting . . . . . . . . . . . . . . . . . . The National Recycling Market . . . . . . Where Can You Find Further Information? Who Can Support You? . . . . . . . . . .
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18 18 19 19 20 20
Belgium . . . . . . . . . . . . . . . . . . . . . A The National WEEE Legislation . . . . . B Critical Definitions . . . . . . . . . . . . . C The National Scope of WEEE . . . . . . . D National Timelines . . . . . . . . . . . . . E The National Registration Body . . . . . . F Data Required for Registration . . . . . . G The Financial Guarantee . . . . . . . . . . H Foreign Producers . . . . . . . . . . . . . I Labelling . . . . . . . . . . . . . . . . . . J Reporting . . . . . . . . . . . . . . . . . . K The National Recycling Market . . . . . . L Where Can You Find Further Information? M Who Can Support You? . . . . . . . . . .
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21 21 23 25 27 27 29 29 30 30 31 31 32 32
Bulgaria . . . . . . . . . . . . . . . . . . . . . A The National WEEE Legislation . . . . . B Critical Definitions . . . . . . . . . . . . . C The National Scope of WEEE . . . . . . . D National Timelines . . . . . . . . . . . . . E The National Registration Body . . . . . . F Registration Data . . . . . . . . . . . . . G The Financial Guarantee . . . . . . . . . . H Foreign Producers . . . . . . . . . . . . . I Labeling . . . . . . . . . . . . . . . . . . J Reporting . . . . . . . . . . . . . . . . . . K The National Recycling Market . . . . . . L Where Can You Find Further Information? M Who Can Support You? . . . . . . . . . .
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33 33 33 34 38 38 39 39 39 39 40 40 40 40
Cyprus . . . . . . . . . . . . . . . . A The National WEEE Legislation B Critical Definitions . . . . . . . . C The National Scope of WEEE . . D National Timelines . . . . . . . . E The National Registration Body . F Data Required for Registration . G The Financial Guarantee . . . . . H Foreign Producers . . . . . . . .
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43 43 43 44 45 45 46 47 47
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Contents
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Labelling . . . . . . . . . . . . . . . . . . Reporting . . . . . . . . . . . . . . . . . . The National Recycling Market . . . . . . Where Can You Find Further Information? Who Can Support You? . . . . . . . . . .
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47 47 48 48 49
Czech Republic . . . . . . . . . . . . . . . . . A The National WEEE Legislation . . . . . B Critical Definitions . . . . . . . . . . . . . C The National Scope of WEEE . . . . . . . D National Timelines . . . . . . . . . . . . . E The National Registration Body . . . . . . F Data Required for Registration . . . . . . G The Financial Guarantee . . . . . . . . . . H Foreign Producers . . . . . . . . . . . . . I Labelling . . . . . . . . . . . . . . . . . . J Input Reporting . . . . . . . . . . . . . . K The National Recycling Market . . . . . . L Where Can You Find Further Information? M Who Can Support You? . . . . . . . . . .
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51 51 51 52 57 57 58 60 61 61 62 63 64 64
Denmark . . . . . . . . . . . . . . . . . . . . A The National WEEE Legislation . . . . . B Critical Definitions . . . . . . . . . . . . . C The National Scope of WEEE . . . . . . . D National Timelines . . . . . . . . . . . . . E The National Registration Body . . . . . . F Data Required for Registration . . . . . . G The Financial Guarantee . . . . . . . . . . H Foreign Producers . . . . . . . . . . . . . I Labelling . . . . . . . . . . . . . . . . . . J Reporting . . . . . . . . . . . . . . . . . . K The National Recycling Market . . . . . . L Where Can You Find Further Information? M Who Can Support You? . . . . . . . . . .
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65 65 65 66 67 67 68 68 69 69 70 70 71 71
Estonia . . . . . . . . . . . . . . . . A The National WEEE Legislation B Critical Definitions . . . . . . . . C National Scope of WEEE . . . . D National Timelines . . . . . . . . E The National Registration Body . F Data Required for Registration . G The Financial Guarantee . . . . . H Foreign Producers . . . . . . . . I Labelling . . . . . . . . . . . . .
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73 73 73 75 76 76 77 77 78 78
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Reporting . . . . . . . . . . . . . . . . . . The National Recycling Market . . . . . . Where Can You Find Further Information? Who Can Support You? . . . . . . . . . .
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78 79 79 79
Finland . . . . . . . . . . . . . . . . . . . . . A The National WEEE Legislation . . . . . B Critical Definitions . . . . . . . . . . . . . C The National Scope of WEEE . . . . . . . D National Timelines . . . . . . . . . . . . . E The National Registration Body . . . . . . F Data Required for Registration . . . . . . G The Financial Guarantee . . . . . . . . . . H Foreign Producers . . . . . . . . . . . . . I Labelling . . . . . . . . . . . . . . . . . . J Reporting . . . . . . . . . . . . . . . . . . K The National Recycling Market . . . . . . L Where Can You Find Further Information? M Who Can Support You? . . . . . . . . . .
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81 81 81 82 83 83 85 85 86 86 87 87 89 89
France . . . . . . . . . . . . . . . . . . . . . . A The National WEEE Legislation . . . . . B Critical Definitions . . . . . . . . . . . . . C The National Scope of WEEE . . . . . . . D National Timelines . . . . . . . . . . . . . E The National Registration Body . . . . . . F Data Required for Registration . . . . . . G The Financial Guarantee . . . . . . . . . . H Foreign Producers . . . . . . . . . . . . . I Labelling . . . . . . . . . . . . . . . . . . J Reporting . . . . . . . . . . . . . . . . . . K The National Recycling Market . . . . . . L Where Can You Find Further Information? M Who Can Support You? . . . . . . . . . .
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91 91 92 93 93 94 95 97 97 98 98 99 100 100
Germany . . . . . . . . . . . . . . . A The National WEEE Legislation B Critical Definitions . . . . . . . . C The National Scope of WEEE . . D National Timelines . . . . . . . . E The National Registration Body . F Data Required for Registration . G The Financial Guarantee . . . . . H Foreign Producers . . . . . . . . I Labelling . . . . . . . . . . . . . J Input Reporting . . . . . . . . . K The National Recycling Market .
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103 103 103 105 106 107 107 110 111 111 112 113
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Where Can You Find Further Information? . . . . . . . . . . . . . . . Who Can Support You? . . . . . . . . . . . . . . . . . . . . . . . . .
114 114
Greece . . . . . . . . . . . . . . . . . . . . . . A The National WEEE Legislation . . . . . B Critical Definitions . . . . . . . . . . . . . C The National Scope of WEEE . . . . . . . D National Timelines . . . . . . . . . . . . . E The National Registration Body . . . . . . F Data Required for Registration . . . . . . G The Financial Guarantee . . . . . . . . . . H Foreign Producers . . . . . . . . . . . . . I Labelling . . . . . . . . . . . . . . . . . . J Reporting . . . . . . . . . . . . . . . . . . K The National Recycling Market . . . . . . L Where Can You Find Further Information? M Who Can Support You? . . . . . . . . . .
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117 117 117 118 119 119 120 120 120 121 121 122 122 122
Hungary . . . . . . . . . . . . . . . . . . . . A The National WEEE Legislation . . . . . B Critical Definitions . . . . . . . . . . . . . C The National Scope of WEEE . . . . . . . D National Timelines . . . . . . . . . . . . . E The National Registration Body . . . . . . F Data Required for Registration . . . . . . G The Financial Guarantee . . . . . . . . . . H Foreign Producers . . . . . . . . . . . . . I Labelling . . . . . . . . . . . . . . . . . . J Reporting . . . . . . . . . . . . . . . . . . K The National Recycling Market . . . . . . L Where Can You Find Further Information? M Who Can Support You? . . . . . . . . . .
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123 123 123 124 125 125 126 127 127 128 128 129 129 130
Ireland . . . . . . . . . . . . . . . . . . . . . A The National WEEE Legislation . . . . . B Critical Definitions . . . . . . . . . . . . . C The National Scope of WEEE . . . . . . . D National Timelines . . . . . . . . . . . . . E The National Registration Body . . . . . . F Data Required for Registration . . . . . . G The Financial Guarantee . . . . . . . . . . H Foreign Producers . . . . . . . . . . . . . I Labelling . . . . . . . . . . . . . . . . . . J Reporting . . . . . . . . . . . . . . . . . . K The National Recycling Market . . . . . . L Where Can You Find Further Information? M Who Can Support You? . . . . . . . . . .
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Italy . . . . . . . . . . . . . . . . . . . . . . . A The National WEEE Legislation . . . . . B Critical Definitions . . . . . . . . . . . . . C The National Scope of WEEE . . . . . . . D National Timelines . . . . . . . . . . . . . E The National Registration Body . . . . . . F Data Required for Registration . . . . . . G The Financial Guarantee . . . . . . . . . . H Foreign Producers . . . . . . . . . . . . . I Labelling . . . . . . . . . . . . . . . . . . J Reporting . . . . . . . . . . . . . . . . . . K The National Recycling Market . . . . . . L Where Can You Find Further Information? M Who Can Support You? . . . . . . . . . .
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145 145 145 146 147 147 148 148 149 149 149 150 150 150
Latvia . . . . . . . . . . . . . . . . . . . . . . A The National WEEE Legislation . . . . . B Critical Definitions . . . . . . . . . . . . . C The National Scope of WEEE . . . . . . . D National Timelines . . . . . . . . . . . . . E The National Registration Body . . . . . . F Data Required for Registration . . . . . . G The Financial Guarantee . . . . . . . . . . H Foreign Producers . . . . . . . . . . . . . I Labelling . . . . . . . . . . . . . . . . . . J Input Reporting . . . . . . . . . . . . . . K The National Recycling Market . . . . . . L Where Can You Find Further Information? M Who Can Support You? . . . . . . . . . .
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153 153 154 155 156 156 157 157 157 158 158 159 160 160
Lithuania . . . . . . . . . . . . . . . . . . . . A The National WEEE Legislation . . . . . B Critical Definitions . . . . . . . . . . . . . C The National Scope of WEEE . . . . . . . D National Timelines . . . . . . . . . . . . . E The National Registration Body . . . . . . F Data Required for Registration . . . . . . G The Financial Guarantee . . . . . . . . . . H Foreign Producers . . . . . . . . . . . . . I Labelling . . . . . . . . . . . . . . . . . . J Input Reporting . . . . . . . . . . . . . . K The National Recycling Market . . . . . . L Where Can You Find Further Information? M Who Can Support You? . . . . . . . . . .
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161 161 162 163 163 164 165 166 167 168 169 170 171 171
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Luxembourg . . . . . . . . . . . . . . . . . . A The National WEEE Legislation . . . . . B Critical Definitions . . . . . . . . . . . . . C The National Scope of WEEE . . . . . . . D National Timelines . . . . . . . . . . . . . E The National Registration Body . . . . . . F Data Required for Registration . . . . . . G The Financial Guarantee . . . . . . . . . . H Foreign Producers . . . . . . . . . . . . . I Labelling . . . . . . . . . . . . . . . . . . J Input Reporting . . . . . . . . . . . . . . K The National Recycling Market . . . . . . L Where Can You Find Further Information? M Who Can Support You? . . . . . . . . . .
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173 173 173 174 175 175 177 177 177 178 178 178 178 178
Poland . . . . . . . . . . . . . . . . . . . . . . A The National WEEE Legislation . . . . . B Critical Definitions . . . . . . . . . . . . . C The National Scope of WEEE . . . . . . . D National Timelines . . . . . . . . . . . . . E The National Registration Body . . . . . . F Data Required for Registration . . . . . . G The Financial Guarantee . . . . . . . . . . H Foreign Producers . . . . . . . . . . . . . I Labelling . . . . . . . . . . . . . . . . . . J Reporting . . . . . . . . . . . . . . . . . . K The National Recycling Market . . . . . . L Where Can You Find Further Information? M Who Can Support You? . . . . . . . . . .
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181 181 181 182 183 183 184 184 185 186 186 187 187 187
Portugal . . . . . . . . . . . . . . . . . . . . . A The National WEEE Legislation . . . . . B Critical Definitions . . . . . . . . . . . . . C The National Scope of WEEE . . . . . . . D National Timelines . . . . . . . . . . . . . E The National Registration Body . . . . . . F Registration Data . . . . . . . . . . . . . G The Financial Guarantee . . . . . . . . . . H Foreign Producers . . . . . . . . . . . . . I Labelling . . . . . . . . . . . . . . . . . . J Reporting . . . . . . . . . . . . . . . . . . K The National Recycling Market . . . . . . L Where Can You Find Further Information? M Who Can Support You? . . . . . . . . . .
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189 189 189 190 191 191 192 193 193 193 194 194 194 195
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Romania . . . . . . . . . . . . . . . . . . . . A The National WEEE Legislation . . . . . B Critical Definitions . . . . . . . . . . . . . C The National Scope of WEEE . . . . . . . D National Timelines . . . . . . . . . . . . . E The National Registration Body . . . . . . F Data Required for Registration . . . . . . G The Financial Guarantee . . . . . . . . . . H Foreign Producers . . . . . . . . . . . . . I Labelling . . . . . . . . . . . . . . . . . . J Input Reporting . . . . . . . . . . . . . . K The National Recycling Market . . . . . . L Where Can You Find Further Information? M Who Can Support You? . . . . . . . . . .
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Slovakia . . . . . . . . . . . . . . . . . . . . . . . . . A Personal details . . . . . . . . . . . . . . . . . . B Introduction of the national law . . . . . . . . . . C Critical Definitions . . . . . . . . . . . . . . . . . D National Scope of WEEE and Current Exemptions E Timelines . . . . . . . . . . . . . . . . . . . . . . F Registration Body . . . . . . . . . . . . . . . . . G Registration Data . . . . . . . . . . . . . . . . . H Financial Guarantee . . . . . . . . . . . . . . . . I Registration of Foreign Producers . . . . . . . . . J Labelling . . . . . . . . . . . . . . . . . . . . . . K Input Reporting . . . . . . . . . . . . . . . . . . L Recycling Market . . . . . . . . . . . . . . . . . M References and Further Information . . . . . . . .
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205 205 205 206 206 207 208 208 209 210 210 210 211 212
Slovenia . . . . . . . . . . . . . . . . . . . . . A The National WEEE Legislation . . . . . B Critical Definitions . . . . . . . . . . . . . C The National Scope of WEEE . . . . . . . D National Timelines . . . . . . . . . . . . . E The National Registration Body . . . . . . F Data Required for Registration . . . . . . G The Financial Guarantee . . . . . . . . . . H Foreign Producers . . . . . . . . . . . . . I Labelling . . . . . . . . . . . . . . . . . . J Input Reporting . . . . . . . . . . . . . . K The National Recycling Market . . . . . . L Where Can You Find Further Information? M Who Can Support You? . . . . . . . . . .
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Spain . . . . . . . . . . . . . . . . . . . . . . A The National WEEE Legislation . . . . . B Critical Definitions . . . . . . . . . . . . . C The National Scope of WEEE . . . . . . . D National Timelines . . . . . . . . . . . . . E The National Registration Body . . . . . . F Data Required for Registration . . . . . . G The Financial Guarantee . . . . . . . . . . H Foreign Producers . . . . . . . . . . . . . I Labelling . . . . . . . . . . . . . . . . . . J Reporting . . . . . . . . . . . . . . . . . . K The National Recycling Market . . . . . . L Where Can You Find Further Information? M Who Can Support You? . . . . . . . . . .
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221 221 221 222 223 223 224 225 225 226 226 226 228 228
Sweden . . . . . . . . . . . . . . . . . . . . . A The National WEEE Legislation . . . . . B Critical Definitions . . . . . . . . . . . . . C The National Scope of WEEE . . . . . . . D National Timelines . . . . . . . . . . . . . E The National Registration Body . . . . . . F Data Required for Registration . . . . . . G The Financial Guarantee . . . . . . . . . . H Foreign Producers . . . . . . . . . . . . . I Labelling . . . . . . . . . . . . . . . . . . J Reporting . . . . . . . . . . . . . . . . . . K The National Recycling Market . . . . . . L Where Can You Find Further Information? M Who Can Support You? . . . . . . . . . .
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229 229 230 231 232 232 233 234 236 236 236 237 238 238
The Netherlands . . . . . . . . . . . . . . . . A The National WEEE Legislation . . . . . B Critical Definitions . . . . . . . . . . . . . C The National Scope of WEEE . . . . . . . D National Timelines . . . . . . . . . . . . . E The National Registration Body . . . . . . F Data Required for Registration . . . . . . G The Financial Guarantee . . . . . . . . . . H Foreign Producers . . . . . . . . . . . . . I Labelling . . . . . . . . . . . . . . . . . . J Reporting . . . . . . . . . . . . . . . . . . K The National Recycling Market . . . . . . L Where Can You Find Further Information? M Who Can Support You? . . . . . . . . . .
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United Kingdom . . . . . . . . . . . . . . . . A The National WEEE Legislation . . . . . B Critical Definitions . . . . . . . . . . . . . C The National Scope of WEEE . . . . . . . D National Timelines . . . . . . . . . . . . . E The National Registration Body . . . . . . F Registration Data . . . . . . . . . . . . . G The Financial Guarantee . . . . . . . . . . H Foreign Producers . . . . . . . . . . . . . I Labelling . . . . . . . . . . . . . . . . . . J Reporting . . . . . . . . . . . . . . . . . . K The National Recycling Market . . . . . . L Where Can You Find Further Information? M Who Can Support You? . . . . . . . . . .
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Introduction
Introduction to the WEEE Directive (2002/96/EC) By 1WEEE Services GmbH
A The WEEE Directive (2002/96/EC) The WEEE Directive (Directive 2002/96/EC of the European Parliament and of the Council of 27 January 2003 on waste electrical and electronic equipment) which came into force on 13 February 2003 has the objective to protect and improve the quality of the environment by reducing the volume of treated electrical and electronic waste in the European Union. For achieving this objective, “producers” of electrical and electronic equipment (“EEE” in the following) are responsible for treatment, recovery and financing aspects relating to the recycling of WEEE (Articles 6,7 and 8 of the WEEE Directive). End-users are no longer allowed to dispose of their WEEE as household waste but shall return their WEEE to public collection points free of charge.
B The Implementation into National Law The WEEE Directive refers to Article 249 Clause 3 of the EC Treaty. According to Article 17 of the Directive, EU member states had to comply with the Directive by 13 August 2004. Several countries failed to meet this deadline. However, by now all 27 European member states have implemented a national WEEE legislation. The national WEEE legislations may differ from the WEEE Directive, as long as the minimum standards of the Directive are met and its principles and main ideas are transposed into national law. However, the European member states are currently trying to achieve a uniform interpretation of indistinct definitions and exemptions. To this end, they meet on a regular basis to discuss open questions. E. Westkämper et al. (eds.), National Registration for Producers of Electronic Waste, C Springer-Verlag Berlin Heidelberg 2009 DOI 10.1007/978-3-540-92746-4_1,
1
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Introduction
C Three Good Reasons Why This Book Could Help You 1. First of all, this book gives an excellent overview of the implementation of the WEEE Directive in the different EU member states and identifies national specifications. 2. Furthermore, this book provides detailed information concerning registration, reporting and take back in each country. So it can help you to become and stay compliant with the WEEE Directive. 3. As most of the country reports originate from a national law office or authority, this book provides national information at first hand.
D Does Your Product Fall Under the Scope of the WEEE Directive The WEEE Directive applies to all EEE which – falls under the ten categories set out in Annex IA of the WEEE Directive; – depends on electric current or electromagnetic fields in order to work properly and is designed for use with a voltage rating not exceeding 1000 V for alternating current and 1500 V for direct current; – is not part of another type of equipment which does not fall under the WEEE Directive; – is not intended for military purposes specifically.
E The “Producer”: The Obliged Party for WEEE Purposes Obliged under the WEEE Directive is the so-called “producer”. For identifying if you are considered to be a “producer” obliged to register, take back, reuse and dispose of WEEE, you have to disengage from habitual language use. Article 3 (i) of the WEEE Directive distinguishes three different aspects: ‘producer’ means any person who, irrespective of the selling technique used, including by means of distance communication in accordance with the Directive 97/7/EC of the European Parliament and the Council of 20 May 1997 on the protection of consumers in respect of distance contracts: (i) manufactures and sells electrical and electronic equipment under his own brand, (ii) resells under his own brand equipment produced by other suppliers, a reseller not being regarded as the ‘producer’ if the brand of the producer appears on the equipment, as provided for in sub point (i), or (iii) imports or exports electrical and electronic equipment on a professional basis into a Member State.
F
Registration at the National Authorities
3
Whoever exclusively provides financing under or pursuant to any finance agreement shall not be deemed a “producer” unless he also acts as a producer within the meaning of sub points (i) to (iii). Following this definition, WEEE obligations lie with the party who – is the manufacturer of EEE and the first who sells the product on the national market under an own brand; or – is the reseller of EEE and puts it on the national market under an own brand and the brand name of the manufacturer does not appear on the product (If the brand name of the manufacturer appears on the product as well, the manufacturer and not the reseller would be considered as the “producer”.); or – is the importer of EEE and the first who puts the product on the national market. You can find the national producer definitions in the respective country profiles. “Producers” have to comply with the following requirements.
F Registration at the National Authorities Regarding producer registration, so far no attempts of harmonization have been successful. There are not even two countries following the same registration approach. For details about a particular EU member state please refer to the respective country profile.
a. Registration Body The organizational structure of a national registration body is not defined by the WEEE Directive. In some countries it was established as a public authority under the control of a ministry, e.g. the Ministry of Environment. In others, it was founded by industry as independent organization. There are also countries where a registration body is not directly available for producers; registration can only be submitted through a compliance scheme with which a producer needs to affiliate (e.g. in the UK).
b. Frequency In most countries a one-time registration is sufficient, followed by reports; several others require annual re-registrations (e.g. Ireland), which means it is a pre-requisite for being allowed to put EEE on the market in the subsequent year.
c. Registering Entity The registering entity needs to be a “producer” according to the national definition (see Section 5). In a number of countries, foreign producers are allowed to register
4
Introduction
from abroad (e.g. UK and Germany); in others they need at least to name a local representative (e.g. Spain). Other countries do not accept registrations of foreign entities at all, or only when joining a local compliance scheme to ensure financing of take back and recycling.
d. Way of Submission Most countries have enabled online registration where required data shall be entered into a customized Internet portal. In addition, producers need to send in additional hardcopy documents in some cases, e.g. a signed print-out of the registration file or copies of contracts with compliance schemes.
e. Required Registration Data The amount and complexity of required data for registration ranges from basic company data such as address, contact details of representative and the yearly WEEE volume in one figure to highly complex queries including, e.g., monthly WEEE volumes per category and type of equipment (ToE), details on financing and financial guarantees and the description of waste management systems. Most common requirements are a distinction between B2C (household) and B2B (professional) products put on the market,1 the WEEE sales forecast in weight (instead of or in addition to the number of units), and a specification of the intended operational take-back approach. Producers need to be aware that the definition of B2C vs. B2B and the correct calculation of the WEEE weight (parts of the finished product can be excluded, e.g. packaging, manuals) may also differ from country to country. The most common proof of an accredited registration is a national WEEE registration number issued by the registration body, and possibly the listing of the company on the authority’s web page. However, particular countries do not issue separate WEEE registration numbers at all as, e.g., Denmark and Sweden. Country-specific rules also apply to the use and publication of a WEEE registration number, e.g. the rule to show it on invoices and business stationery.
f. Fees In a number of countries no registration fee is charged by the national authority. Where fees are applicable, the amount may depend on the size of the company or on the (estimated) WEEE volume to be put on the market in the next period. 1 You
can find the definition of “put on the market” in the respective country profile.
G Reporting
5
This variety of registration aspects, as described earlier, requires substantial time and effort for affected producers to comply with WEEE obligations in multiple EU member states. However, external advice and facilitation through specialized service providers are helpful to identify the relevant national registration requirements, timelines and formats, as well as to tackle the language barriers and to submit the registration files in the appropriate form and with the correct content to the right organization.
G Reporting The variety of reporting procedures is similar to the complex situation of registration, as outlined above. This situation forces a producer to create reports country by country. Due to the lack of harmonization today it is not possible to submit panEuropean WEEE reports to authorities. In general, two kinds of reporting can be distinguished: the so-called input reporting versus output reporting. 1. Input reporting The input reporting contains the amount of electrical and electronic devices put on a national market by a particular producer. These figures are the basis to calculate the producers’ “market shares” of WEEE and to determine their proportional responsibility for historic waste (EEE put on the market before 13 August 2005). a. Frequency Reporting periods for volumes put on the market (input reporting) differ from country to country. In a number of countries, the submission of figures for B2C products is required more often (e.g. monthly) and in more detail than for B2B products (e.g. annually). Sometimes the frequency of required reports even differs between the compliance schemes in a country. (Producers should be aware that the definition of B2C (household) versus B2B (professional) products is not consistent with the WEEE Directive in some EU member states!) b. Determination of weight Usually the volume put on the market needs to be reported in weight (kilograms or tons), sometimes additionally in units. Countries may have different rules for calculating the weight, i.e. which parts of the product are considered accessories and may be deducted from the overall weight. c. Reporting classes Another difference from country to country is the structure of reporting categories. In general this is similar to the product groups as used in the local registration process. A number of countries uses the 10 WEEE categories, others have created their own reporting classes. For example, Austria has lessened the number of reporting classes to five by merging several WEEE categories. On the other hand, Germany has increased the number of reporting classes literally to infinity, as the country requires the reporting by type of equipment (subcategories to the 10 product categories) and by brand.
6
Introduction
2. Output reporting The requirement for regular output reports complements the reporting obligations of WEEE producers. Output reports document the volumes of WEEE taken back by producers or – on their behalf – by the compliance scheme and subsequently the appropriate management and treatment of these waste products. The WEEE Directive regulates inter alia the recycling rates per WEEE category that producers and their contracted treatment facilities respectively need to accomplish (e.g. minimum of 75% of material recovery). The recycling processes and results must be documented and the producer is obliged to report it to the responsible national body. Alternatively, these tasks are taken over by a compliance scheme of which the producer is a member. Usually an output report is required to be submitted on an annual basis for the preceding calendar year.
H Labelling In accordance with Articles 10 Clause 3 and 11 Clause 2, each producer has to label his EEE with a crossed-out wheeled bin as shown in Annex IV of the WEEE Directive.
I Take Back and Recycling As already mentioned above, producers have to take back and recycle all WEEE according to the volume they put on the market. These obligations are mostly fulfilled by local service providers and compliance schemes. Please find specific country details in the respective country profiles. Further consultation concerning WEEE, batteries and packaging waste is offered by 1WEEE Services GmbH (www.1weee-services.com).
The Implementation of the WEEE Directive in the EU: An Overview of Recent Case Law in Germany By Carsten Ulbricht
A Introduction The German “Gesetz über das Inverkehrbringen, die Rücknahme und die umweltverträgliche Entsorgung von Elektro- und Elektronikgeräten (ElektroG)” which is based on the Directive on the Restriction of the Use of Certain Hazardous Substances No. 2002/95/EG (RoHS) and on the Directive on Waste Electrical and Electronic Equipment No. 2002/96/EG (WEEE) has brought big changes to the entire electronic devices market. The ElektroG imposed major new responsibilities on companies wishing to sell their products in the German market. The main objectives are to avoid electronic waste, to increase the re-use, recycling and recovery of waste and to decrease the content of hazardous substances. Whether or not a company has to obey the rules of the ElektroG depends on whether the business can be subsumed under the law’s definition of the word “producer”. § 3 XI ElektroG defines the “producer” very similar to the WEEE directive. However, § 3 XI No. 3 ElektroG imposes duties on all importers that are classified as “producers” in terms of the law. When the German law entered into force on 24 March 2005 and 13 August 2005, many questions arose covering the general compatibility of the ElektroG with Constitutional Law, the scope of application, registration issues, etc. Several of these issues have been cases pending in German courts for the past months and years. Within this chapter, we would like to give an overview of the most relevant topics that where discussed and decided by German courts. These decisions will most likely be highly relevant to cases in other countries. As Germany was one of the first EU countries to implement the regulations into national law, the reasoning of the decisions might also apply to cases in the rest of the EU.
B Case Law 1. Compatibility with the German Basic Law On 18 October 2006, the administrative court Ansbach2 was the first court to make a decision on the compatibility of the ElektroG with the German Basic Law. The judges stated that the statute’s basic purpose is legitimate and infringes neither the fundamental rights of producers nor the principle that measures should not be retroactive.
2 VG
Ansbach: Urteil vom 18.10.2006 – 11 K 06.1946.
8
Introduction
2. Scope of Application: Definition of Electrical Appliances To fall within the scope of application of the law, the product in question has to be an electrical appliance. The first lawsuit on this subject was brought before court when the Foundation Elektro-Altgeräte Register (EAR), which is the registration authority, considered a certain sneaker to be an electrical appliance that contains a small micro-computer in the heel area, making over 4,000 calculations each second to enhance and modify the cushioning of the heel. All German administrative courts including the court of last resort – by name the Federal Administrative Court of Germany – advanced a dissenting opinion.3 The German Federal Administrative Court points out that the main question is whether or not the product in question can be subsumed under one of the ten categories listed in § 2 I 1 ElektroG, which are exhaustive. With regard to the sneaker the only potentially applicable category was number 7 for “toys and pieces of sports equipment”. The court defines a “piece of sports equipment” as an item that is required in order to exercise a certain sport and which is possibly standardized and destined for the achievement of certain performances. With regard to this definition the court explains that the sneaker is not a piece of sports equipment but a piece of clothing because this sneaker can be used in numerous ways and even if it cannot be used for exercising any more, it does not lose its function as a piece of clothing. Therefore the court decided that although the sneaker used some sort of electronic device, it does not fall into the scope of application of the ElektroG. The same applies to all products that have to be considered as clothing according to the definition of the Court. 3. Items That Are Part of Units to Which the ElektroG Does Not Apply In another case, the EAR claimed that temperature regulators inserted into largescale industrial plants are included in the scope of the ElektroG. The administrative court Ansbach decided that the exception stipulated in § 2 I 1 Hs. 2 ElektroG does not cover components of the system if they are permanently incorporated into the large-scaled industrial plant and share its destiny. The possibility of removing these temperature regulators at any time does not change this judgment. 4. Registration According to §§ 3 XI and 16 II 1 ElektroG, a producer has to be registered with the EAR. Details of the registration include the company’s name, the location of the branch office or head office, the authorized representative, the type of equipment, and most notably the brand names which are used by the producer to put his products on the market.4 The brand name is the connecting factor to identify the producer’s product responsibility.5 Therefore, for launching the product on the market every product has to be registered indicating all brand names used.
3 BVerwG,
NVwZ 2008, 697. Ansbach, 06.03.2008 (Az.: AN 11 S 07.03346). 5 VG Ansbach, 12.03.2008 (Az.: AN 11 K 07.03347). 4 VG
B
Case Law
9
5. Law of Unfair Competition The Appellate Court of Düsseldorf decided that § 6 II ElektroG is not only an environmental guideline but a legal regulation in accordance with § 4 No. 11 UWG, which is destined to be a regulator for market behaviour on behalf of all market participants.6 Because the distribution of electrical and electronic equipment requires registration, the latter contains a regulator for market behaviour. One of the reasons given is the provision of § 14 V ElektroG saying that the amount of waste electrical and electronic equipment every registered producer has to collect is calculated according to a producer’s proportion of electrical and electronic equipment. Therefore, a large market share will increase the take-back responsibilities of the producer. The bottom line is that producers can be sued by their competitors under the law of unfair competition if they fail to fulfil the registration requirements. 6. Public waste management authorities According to § 9 ElektroG, the municipalities and the administrative districts are the public waste management authorities. They have to accept and collect waste electrical and electronic equipment from households free of charge, and hold it ready for collection by the producers. The system works as follows: If the municipalities have collected a sufficient amount of waste in special bins provided by the producers, they inform the EAR. The EAR then decides which of the registered companies is due to pick up the waste. This decision is made upon a roster basis. Usually, pick-up and further processing is done by a recycling subcontractor. The definition of households in § 3 IV ElektroG is as follows: “private households as defined in the Closed Substance Cycle and Waste Management Act (KrWAbfG) and other sources of origin of WEEE, provided that the WEEE from these other sources is comparable in nature and quantity to that from private households.” This definition leads to the question how to distinguish private households from other sources. The public waste management authorities are only obliged according to § 9 ElektroG to accept so-called “B2C products”. This term summarizes waste from private households and waste from other sources. The terms B2B and B2C are short forms for business-to-business (B2B) and business-to-consumer (B2C). The main difference between B2B and B2C is who the buyer of a product or service is. The so-called B2B products cannot be disposed of through the public waste management authorities. In 2007, the German Federal Armed Forces claimed to have the right to dispose its waste electrical and electronic equipment free of charge. The administrative court Hannover7 decided that the amount of WEEE dumped by the Federal Armed Forces is not comparable with the amount of waste disposed by a private
6 OLG 7 VG
Düsseldorf, 19.04.2007 (Az.: I-20 W 18/07). Hannover, Urteil vom 10.10.2007, Az. 1 A 7031/06.
10
Introduction
household. The court stated that each case has to be assessed by the circumstances. And that in this case the amount of WEEE which consisted of 57 pieces of electronic equipment cannot be compared to the amount produced by a private household and therefore this waste does not come from any other source of origin according to § 3 IV ElektroG.
C Summary The review of the German case law shows that quite a lot of questions remain open and are far from being resolved. However, the German courts have shed some light especially on the scope of application. This should help many producers of electrical and electronic devices to check whether the German ElektroG applies to their products or not. It will however take another while before a certain standard of legal clarity might be reached. In addition, the affected producers have to keep an eye on the amendments being made not only to the German ElektroG and the Kostenverordnung (meaning the Expenses Directive to the ElektroG), but also at European level. The revision of the WEEE directive is around the corner and will presumably bring some changes and, above all, clarification of the scope of the WEEE legislation and a Europe-wide standardized definition of the legal term “producer”.
Review of the WEEE Directive By Stefan Dully The demands placed on businesses to meet their producer responsibility obligations are great. The WEEE is currently subject to a review process, for which first studies were carried out by independent consultants. These studies prove that there are great differences in the implementation of the WEEE and that producers or retailers face considerable difficulties when selling goods throughout Europe. In most countries, the introduction of the WEEE is not seen as an invitation to apply a more environmentally friendly design but as another type of waste charges. This was certainly not the object of the exercise and therefore the legislators will try to remedy the problem. All the same, one should not forsake the hope that some systems in certain countries will dismiss their complicated structures and become again more user-friendly. Especially small businesses are hampered by these complicated structures. One should keep the objectives of the legislation in mind to avoid losing track of the multitude of systems. The requirements for more environmental friendly design will further increase in the coming years. New directives are being or have been passed that do not only cover the waste but the whole life cycle of a product. A future-oriented firm is thus well advised to look at the aims of the directives and derive the actions that it needs to take – even if actions are not yet explicitly required. The EU has shown its willingness to enforce the individual measures, not least by imposing recycling and recovery rates. In the following, it is described how companies can prepare for the future requirements in the EU. Avoiding waste means that companies save as many resources as possible on products and packaging. Virtual functions are one way to achieve this. Recycled materials should be employed as often as possible. In addition, it is worth thinking about the use of renewable resources or biodegradable plastics. Hazardous substances should not be used in the first place, because if they are banned it would require considerable expenditure for redesign. The fact that a product is easy to repair will not only extend its service life, but also reduce the potential amount of waste produced. Preparing products for reuse means to enable them to be adapted to the needs of the future. Products must be adaptive and modular. A first step might be that software products can be updated. New business or sales strategies such as the renting or leasing of products could also create new ideas that promote the reuse of products. The recycling of products is influenced to a large extent by factors such as the number of substances and materials used. Of key importance are the joining techniques, since recycling is facilitated if products are easy to disassemble. An easy disassembly places similar requirements on products as an easy assembly on the shop floor.
12
Introduction
Other ways of recovery, such as energy recovery and the disposal of the products, should, if possible, not be considered in design and engineering. In other words, products which do without these two hierarchical stages are most likely to meet future environmental requirements.
D Conclusion In politics, ongoing efforts are made to place the responsibility for the whole life cycle of a product on the producer. Many companies regard this as an additional burden and have not yet realized that it provides new opportunities for them and their products. Especially businesses which have invested heavily in this area are positively affected by a strict legislation, giving them a competitive advantage over their competitors. For a systematic approach, it is recommended to record the future legislative innovations in a roadmap and to derive the actions a company needs to take, as well as to start implementing the Design for Environment. Here, the FraunhoferIPA with its wealth of experience can help by creating roadmaps for companies as well as offering implementation strategies and training courses. The Fraunhofer-IPA has been consulting companies for many years in the design of ecological and economic solutions. In addition, the Fraunhofer-IPA enables companies through regular workshops to get informed on the latest developments. You will find more information at the address given below. Dipl.-Wi.-Ing. Stefan Dully Dipl.-Ing. (FH) Markus Hornberger http://www.ipa.fraunhofer.de Fraunhofer-IPA Nobelstraße 12 70569 Stuttgart Tel. 0711/970-1659 http://
[email protected]
Austria
A The National WEEE Legislation The WEEE and RoHS Directives have been transformed into Austrian law by amending the existing “Abfallwirtschaftsgesetz” (referred to as “AWG”) and by enacting the “Elektroaltgeräteverordnung” (referred to as “EAG-VO”) which came into force on 13 August 2005. • Which authority is responsible for the implementation of the directive into national law? The Federal Ministry of Agriculture, Forestry, Environment and Water Management, Stubenring 1, 1012 Vienna, Austria, enforces the EAG-VO.
B Critical Definitions • “Producer” Producer of electrical and electronic equipment means any person who, irrespective of the selling technique used, including by means of distance contracts within the meaning of Article 5a of the Consumer Protection Act (Konsumentenschutzgesetz, KSchG), BGBl. no. 140/1979, (1) manufactures and sells electrical and electronic equipment under his own brand; or (2) resells under his own brand equipment produced by other suppliers, a reseller not being regarded as the producer if the brand of the producer appears on the equipment; or (3) imports electrical or electronic equipment to Austria on a commercial basis or exports it from Austria to the party who is going to use it. Whoever exclusively provides financing under or pursuant to any finance agreement shall not be deemed a producer unless he also acts as a producer within the meaning of sub-points (1) to (3). Accordingly, anyone is deemed a reseller KWR Karasek Wietrzyk Rechtsanwälte GmbH E. Westkämper et al. (eds.), National Registration for Producers of Electronic Waste, C Springer-Verlag Berlin Heidelberg 2009 DOI 10.1007/978-3-540-92746-4_2,
13
14
Austria
(merchant middleman) of electrical and electronic equipment who imports them from Austria. • “Place/put on the market” §3 (12) of the EAG-VO defines placing on the market as “the transfer of electrical and electronic equipment to another legal entity on a commercial basis”. • “Historical” and “new” waste “Historical WEEE” means WEEE put on the market before 13 August 2005. “New WEEE” means WEEE put on the market after that date. • Household (B2C) and non-household (B2B) products The EAG-VO distinguishes between EEE for private households (§7 EAG-VO) and EEE for commercial purposes (§10 EAG-VO). This distinction is essential because, depending on classification, the equipment is treated differently. EEE for private households covers equipment that is basically intended for private households, as well as equipment for industrial, commercial and other users which, because of its nature and quantity, is similar to that for private households, and so-called “dual-use equipment” (e.g. a company-owned PC that is handed over to an employee). On its web site, the Ministry of Life has prepared an updated, exemplary list of equipment categories, grouping equipment into privately or commercially used EEE. Link: http://www.umweltnet.at/article/articleview/36751/1/6932/. The correct categorization of EEE falls under the responsibility of the producer.
C The National Scope of WEEE Chapter 2 Section 1 of the Ordinance of Waste Treatment Obligations (Abfallbehandlungspflichten-VO) defines WEEE as follows: • Article 3 (1) 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 generation, transfer and measurement of such currents and fields falling under the following categories and designed for use with a voltage rating not exceeding 1,000 V for alternating current and 1,500 V for direct current. (2) Waste electrical and electronic equipment or WEEE means electrical and electronic equipment which is waste within the meaning of Article 2(1) AWG 2002, including the following: 1. all components, 2. all subassemblies and 3. all consumables, which are part of the product at the time of waste generation.
E The National Registration Body
15
A list of equipment categories and criteria is available at http://www.umweltnet. at/article/articleview/36751/1/6932/ • Who is responsible for a correct categorization into the 10 WEEE categories and the national types of equipment? What are the criteria? The producer is responsible for selecting the right category. This categorization is subject to random checks performed by the Ministry for Environment. http://www.umweltnet.at/article/articleview/36751/1/6932/ • The national types of equipment The national types of equipment can be found in Annex 3 of the EAG-VO. • How to distinguish components and finished products? Not applicable. • Do fixed installations fall within the scope of the national WEEE? Austria construes the term “fixed installation” extensively. A non-exhaustive list with products in or out of the national scope of WEEE is available at http://www.era-gmbh.at/fileadmin/img/downloads/weee_geraeteliste_4_2007.pdf
D National Timelines National timelines exist for. . . Registration: start and/or due date? Labelling Joining a Compliance Scheme (CS) Start of the take-back system Other deadlines
30 September 2005 13 August 2005 13 August 2005 13 August 2005 Annual reports on reuse and treatment by systems/producers by 10 April
E The National Registration Body Registration via an electronic register is possible at the Umweltbundsamt GmbH set up by the Ministry for Environment (http://edm.umweltbundesamt.at) • Who is obliged to register? Producers and importers as defined in §13a Abs. 1 AWG. • What are the prerequisites for registration? Being a producer or importer in accordance with §13a Abs. 1 AWG. The Ministry for Environment interprets this definition in a way that only includes those producers and importers as standard addressees and obligated parties according to §13a AWG and EAG-VO that reside in Austria (regardless of natural
16
Austria
or juristic person) and sells EEE on a commercial basis and therefore generates invoices for these goods in Austria. Accordingly, a foreign producer who delivers goods to Austria is not deemed an obligated party under the EAG-VO and therefore cannot register. In this case, it is possible to assume the civil obligations of the contractual partner on the basis of a so-called “agency or agent model”. An Austrian tax number or a representative in Austria is not sufficient for registration. • How can you register and in which language? Online at http://edm.umweltbundesamt.at and only in German language. • Fees for registration No. • National WEEE registration number Yes, on registration a so-called Global Location Number (GLN) is assigned.
F Registration Data • Company Data §21. (1) Producers fulfilling the take-back obligation in accordance with Article 7(2) or (3)(2) or Article 10 shall enter the following data in electronic form in the register pursuant to Article 22(1) AWG 2002 on the Internet site of the Umweltbundesamt Gesellschaft mit beschränkter Haftung (Federal Environment Agency) and shall ensure that these data are available by 30 September 2005 at the latest: 1. name, addresses (e.g. registered office) of the producers and the business address relevant for serving notices; 2. company register numbers, association register numbers, supplementary register numbers or, for natural persons, sector-specific personal identifiers; 3. identification of economic sectors (four-digit codes) in accordance with Council Regulation (EEC) No. 3037/90 on the statistical classification of economic activities in the European Community, OJ L 293 of 24.10.1990, p. 1, as last amended by Commission Regulation (EC) No. 29/2002, OJ L 6 of 10.01.2002, p. 3; 4. contact addresses, including e-mail addresses, if available, and contact persons; 5. the EEE put on the market, indicating the collection and treatment category; 6. information as to whether EEE is put on the market for private households or for commercial purposes; 7. for EEE for private households, the collection points pursuant to Article 3(13)(b) by indicating their GLNs;
G The Financial Guarantee
17
8. identification of the related collection and recovery system; 9. for EEE for private households, information as to whether products are sold within the framework of distance selling (within the meaning of Article 5a KSchG) in other member states of the European Union. Producers who put on the market EEE for the first time after 12 August 2005 shall supply the data pursuant to numbers 1 to 9 to the register within 1 month of taking up business. Changes of data pursuant to numbers 1 to 9 shall be supplied to the register within 1 month. (2) At the request of their participants, collection and recovery systems shall forward the registration data pursuant to Paragraph 1(1) to (6) and (8) as well as—if the producer only participates in one collection and recovery system—the registration data pursuant to Paragraph 1(9) to the register. (3) Producers who fulfil the take-back obligation individually in accordance with Article 7(3)(1) shall supply the following data to the register within 1 month of being identified as individual take-back producers: 1. the EEE put on the market, indicating the collection and treatment category; 2. information as to whether EEE is put on the market for private households or for commercial purposes; 3. the type of guarantee, identifying the insurance company or bank and the collection and recovery system specified as beneficiary; 4. for EEE for private households, information as to whether products are sold within the framework of distance selling (within the meaning of Article 5a KSchG) in other member states of the European Union. • Product Data See above. • Guarantee Data See above. • Data on recycling partners/compliance schemes See above.
G The Financial Guarantee A financial guarantee is only required for B2C producers complying individually. The membership in a collection and recovery system will be regarded as a guarantee. • Requirements for the financial guarantee Being an individual complying producer of B2C products.
18
Austria
• The guarantee amount is calculated as follows: Not applicable. • The following types of guarantees are available: membership in a compliance scheme; a blocked bank account; or closing of an insurance contract.
H Foreign Producers • Are foreign companies not represented by a local legal entity regarded as “producers”? No. • Can foreign companies not represented by a local legal entity register as “producers”? No, registration is not possible since foreign producers do not fall under the definition of producers or manufacturers pursuant to §13a AWG. Even a “local representative” cannot assume these obligations. These obligations solely rest with the importer, i.e. the contractual partner. • Can foreign companies use the “agent model”? Yes. The agent model still requires the Austrian distributor to register with the national authority (Lebensministerium) as importer of EEE. However, the foreign producer can take over the responsibility to take back and recycle by joining one of the Austrian compliance schemes. To Do list: – Ask Austrian distributors to register with the Environmental Ministry, indicating the collection scheme used. – Set up an agreement between the foreign producer (agent) and his Austrian distributors. – Place a contract with the collection scheme for the foreign producer. – Set up a data sheet of all Austrian distributors affected for the collection scheme. – The foreign producer has to report monthly/quarterly data sheets about EEE purchased by these Austrian distributors.
I Labelling §12. (1) Parties putting EEE on the market as producers after 12 August 2005 shall mark it indelibly and visibly and legibly by the symbol given in
K
The National Recycling Market
19
Annex 4 (crossed-out wheelie bin) unless this marking has been applied already. Producers shall be exempt from this obligation with regard to EEE for which this marking is impossible due to legal provisions or due to the size or function of the product. In these cases, the symbol shall be printed on the packaging, on the instructions for use or on the warranty of the EEE. (2) On each EEE put on the market for the first time after 12 August 2005, producers shall provide information on the fact that the product is put on the market for the first time after that date. This obligation can be met by marking the products with the symbol shown in Annex 4. (3) Producers putting EEE on the market after 12 August 2005 shall provide the product with a label that unambiguously identifies the producer. For EEE imported from another member state to Austria, this labelling obligation shall also be considered fulfilled if it is clearly shown that the product is put on the market after 12 August 2005 and the producer’s obligation of take-back and treatment is demonstrably met in a different manner, in particular by fulfilling this obligation, for example, in proportion to the ratio of the EEE put on the market by the producer to the total EEE put on the market as reported by the collection and recovery systems.
J Reporting The producer has to provide the reports pursuant to §23 EAG-VO. • How often do you need to report? Reports of EEE for private households must be submitted each calendar quarter. If no EEE was put on the market in a specific calendar quarter, a nil report shall be submitted (§23 (1) EAG-VO). Additional reporting obligations exist for producers who sell EEE for private households within the framework of distance selling in other member states of the EU (§23 (2) EAG-VO). Producers of EEE for commercial purposes shall report the masses of EEE put on the Austrian market in a calendar year on 10 April of each calendar year for the previous calendar year. • How can you submit the reporting? In electronic form (online) at http://edm.umweltbundesamt.at
K The National Recycling Market The national recycling market has competitive structures.
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Austria
• Existing Compliance Schemes are the following: ERA
ERP
EVA
UFH
Exact wording of company address
Elektro Recycling Austria GmbH Mariahilfer Straße 123 1062 Wien
Erfassen und Verwerten von Altstoffen GmbH Ungargasse 35 1030 Wien
Umweltforum Haushalt Mariahilfer Straße 37-39 1060 Wien
Homepage
http://www.eragmbh.at
ERP Austria Contact: Viola Maurer Postal address: HP Austria Wienerbergstrasse 41 1120 Wien Austria Tel : +43 1 81118 6340 Fax : +43 1 81118 8080 http://www.erprecycling.org
http://www.eva.co.at
http://www.ufh.at
• Do these Compliance Schemes also accept foreign producers as members, i.e. in connection with the “agent model”? Yes.
L Where Can You Find Further Information? www.umweltnet.at (Umweltministerium) http://edm.umweltbundesamt.at (Registrierungsstelle Umweltbundesamt GmbH)
M Who Can Support You? Dr. Christian Frei, LL.M., Associate Dr. Herwig Hauenschild, Associate KWR Karasek Wietrzyk Rechtsanwälte GmbH Wagramerstr. 19, 19. Stock, IZD Tower 1190 Wien Tel: 0043 1 24500 3135 Fax: 0043 1 24500 63139 E-mail:
[email protected] [email protected] Web site: www.kwr.at • Key activities Legal advice on Austrian and international business law including legal support for WEEE and related EU directives. • WEEE-related support they can offer Legal support with regard to registration duties concerning WEEE
Belgium
A The National WEEE Legislation Information for consumers (WEEE) and product standards (RoHS) are regulated at federal (national) level, while producer responsibility and waste treatment (WEEE) are dealt with at regional level: Flanders, Wallonia and Brussels-Capital. Federal (national) level The Royal Decree of 12 October 2004 concerned with the prevention of hazardous substances in electric and electronic equipments (“Arrêté royal relatif à la prévention des substances dangereuses dans les équipements électriques et électroniques”) was published on 20 October 2004 in the “Moniteur belge” and came into effect on 30 October 2004. It was last amended by the Royal Decree of 14 June 2006, published on 22 June 2006. This decree is grounded on the Act of 14 July 1991 on trade practices and consumer information and protection and on the Act of 21 December 1998 on products regulation aiming at the promotion of durable manners and consumption and at the protection of health and environment. Flanders As a take-back obligation has already existed since 1999, the WEEE Directive only led to an adaptation of Flemish legislation. It is now included in the Decree of the Flemish Government of 5 December 2003, establishing the Flemish regulation on waste prevention and treatment (“Besluit van de Vlaamse regering tot vaststelling van het Vlaams reglement inzake afvalvoorkoming en -beheer” (VLAREA)), published on 30 April 2004. The coming into effect of different parts took place between 1 June and 1 November 2004.
Marx Van Ranst Vermeersch & Partners Note: Underlined sections are not in line with the WEEE Directive and/or the FAQ Document of the European Commission (http://ec.europa.eu/environment/waste/pdf/faq_weee.pdf). However, this does not mean that the national law violates European law. The discrepancies are part of the range of applications given to the national authorities by the WEEE Directive.
E. Westkämper et al. (eds.), National Registration for Producers of Electronic Waste, C Springer-Verlag Berlin Heidelberg 2009 DOI 10.1007/978-3-540-92746-4_3,
21
22
Belgium
The adaptation to the WEEE directive came into effect on 1 December 2004 (Decree of 14 July 2004, published on 8 October 2004). The decree was last amended on 27 January 2006. Wallonia The WEEE Directive has been transposed into Walloon legislation by two decrees of the Walloon Government of 10 March 2005 (both were published and entered into effect on 18 April 2004): –
–
First decree amending Decree of 25 April 2002, establishing a take-back obligation of certain waste for their valorization or treatment (“Arrêté du Gouvernement wallon instaurant une obligation de reprise de certains déchets en vue de leur valorisation ou de leur gestion”). This decree takes the EU Directive 2003/108 into account. Second decree determining sector-specific conditions for the installation of collection or sorting, pre-treatment and treatment of waste electrical and electronic equipment (WEEE) (“Arrêté du Gouvernement wallon déterminant les conditions sectorielles des installations de regroupement ou de tri, de prétraitement et de traitement des déchets d’équipements électriques et électroniques (DEEE)”).
Brussels-Capital In order to transpose the WEEE Directive, the Brussels-Capital legislation adapted two decrees of the Brussels-Capital Government of 3 June 2004: –
–
•
Decree amending, as far as waste of electric and electronic equipment is concerned, the decree of 18 July 2002 establishing a take-back obligation of certain waste for their valorisation or elimination (Arrêté du Gouvernement de la région Bruxelles-Capitale modifiant, en ce qui concerne les déchets d’équipements électriques et électroniques, l’arrêté du Gouvernement de la Région Bruxelles-Capitale du 18 juillet 2002 instaurant une obligation de reprise de certains déchets en vue de leur valorisation ou de leur élimination) was published on 27 July 2004 and came into effect on 7 August 2004. The decree was last amended on 23 March 2006. Decree relating to electric and electronic waste managers (Arrêté du Gouvernement de la région Bruxelles-Capitale relatif aux gestionnaires de déchets d’équipements électriques et électroniques) was published on 3 June 2005 and came into effect on 13 June 2005. Which authority is responsible for the implementation of the directive into national law?
Federal (national) level The Ministry of Environment and the Ministry of Economy (each according to its powers and competences). Flanders OVAM (Openbare Vlaamse Afvalstoffenmaatschappij voor het Vlaamse Gewest).
B
Critical Definitions
23
Wallonia DGRNE (Direction générale des ressources naturelles et de l’environnement) – OWD (Office wallon des déchets). Brussels-Capital IBGE – BIM (Institut bruxellois pour la gestion de l’environnement/ Brussels instituut voor milieubeheer).
B Critical Definitions • “Producer” Federal (national) level Any person who, irrespective of the selling technique used, including by means of distance communication in accordance with Article 77 to 83 of the Act of 14 July 1991 on trade practices and the protection of the consumer, (a) manufactures and sells, in Belgium, electric and electronic equipment under his own brand; (b) resells, in Belgium, under his own brand equipment produced by other suppliers, a reseller not being regarded as the “producer” if the brand of the producer appears on the equipment, as provided for in subparagraph (a); or (c) imports electric and electronic equipment on a professional basis into Belgium, or puts it on the market in a European Union member state. Whoever exclusively provides financing under or pursuant to any finance agreement shall not be deemed producer unless he also acts as a “producer” within the meaning of sub-points (a) to (c). Flanders Any physical or legal person who (a) produces or imports products into the Flemish region under its own brand or not and who allocates his products either to his own use or puts these products on the market in the Flemish region; (b) resells under his own brand equipment produced by other suppliers. A reseller is not being regarded as a producer if the brand of the producer appears on the equipment. Whoever exclusively provides financing under or pursuant to any finance agreement shall not be deemed a producer. Wallonia The Walloon decree dated 25 April 2002 gives different definitions of the terms “producer” and “importer”, but both have to fulfil all the obligations given by the decree.
24
Belgium
The producer is defined as any person – who, irrespective of the selling technique used, manufactures and sells products in the Walloon region; – who resells under his own brand equipment produced by other suppliers. (Note: The WEEE Directive provides expressly that a reseller, who resells under his own brand equipment produced by other suppliers, will not be regarded as the producer if the brand of the producer appears on the equipment as provided in subpoint (i) above. This is not implemented in the definition of producer contained in the Walloon decree.) Whoever exclusively provides financing under or pursuant to any finance agreement shall not be deemed producer unless he also acts as a “producer” within the meaning of the first and second subparagraphs or as an importer. The importer is any person – other than the producer – who, irrespective of the selling technique used, imports and sells a product in the Walloon region. The Walloon decree dated 10 March 2005 does not provide any definition of the producer. Brussels-Capital The governmental decree dated 18 July 2002 makes a distinction between producer and importer but both have to fulfil the obligations given by the decree. The producer is defined as any person – who, irrespective of the selling technique used, manufactures and sells products under his own brand in the Brussels region; – who resells under his own brand equipment produced by other. (Note: The WEEE Directive provides expressly that a reseller, who resells under his own brand equipment produced by other suppliers, will not be regarded as the producer if the brand of the producer appears on the equipment as provided in subpoint (i) above. This is not implemented in the definition of producer contained in the governmental decree dated 18 July 2002.) Whoever exclusively provides financing under or pursuant to any finance agreement shall not be deemed producer unless he also acts as a “producer” within the meaning of the first subparagraphs. The importer is any person – other than the producer – who imports a product and places it on the market in the Brussels region. The governmental decree dated 3 June 2004 refers to the definitions of the governmental decree dated 18 July 2002. • “Place/put on the market” Federal (national) level Place on the market means to introduce, import or retain, with a view to selling or to placing at someone’s disposal, to offer for sale, to sell, to offer to lease, to lease or to transfer for payment or free of charge (Article 1.8 Royal Decree 12 October 2004) in Belgium.
C
The National Scope of WEEE
25
Flanders No explicit definition in the decree, but the market is limited to the Flemish region. Wallonia and Brussels Place on the market means to place at a third party’s disposal, against payment or free of charge, equipment produced or distributed in the European Community if this equipment is not intended for exportation (Article 1.7 Walloon Decree 25 April 2002). The market is limited to the Walloon region. Brussels-Capital Place on the market means to place at a third party’s disposal, against payment or free of charge, equipment produced or distributed in the European Community if this equipment is not intended for exportation (Article 1.6 Brussels Decree 18 July 2002). The market is limited to the Brussels-Capital region. • “Historical” and “new” waste Historical waste is waste of products placed on the market before 13 August 2005, while new waste is waste placed on the market after that date. • Household (B2C) and non-household (B2B) products WEEE from private households means WEEE which comes from private households and from commercial, industrial, institutional and other sources which, because of its nature and quantity, is similar to that from private households. Nonhousehold WEEE is any other WEEE.
C The National Scope of WEEE EEE refers to equipment which is dependent on electrical currents or electromagnetic fields in order to work properly and equipment for the generation, transfer and measurement of such currents and fields falling under the categories set out in Annex IA and designed for use with a voltage rating not exceeding 1,000 V for alternating current and 1,500 V for direct current, provided that the equipment is not part of another type of equipment that does not fall under the scope of the decree. Federal (national) level Royal Decree 12 October 2004: Article 1.2 (Definition of EEE) and Article 1.3 (Definition of WEEE). Flanders EEE in the above sense is defined in the decree of 5 December 2003, Article 1.1.1. §2.28. Wallonia EEE in the above sense is defined in the decree of 25 April 2002, Article 1.17. Article 1.18 contains a definition of WEEE.
26
Belgium
Brussels-Capital EEE in the above sense is defined in the decree of 18 July 2002, Article 1.11 bis contains a definition of WEEE. • Who is responsible for a correct categorisation into the 10 WEEE categories and the national types of equipment? What are the criteria? The producer has to indicate the categories in the individual waste prevention and waste management plan. Federal (national) level The Royal Decree covers the same categories as the WEEE Directive. Flanders The Flemish Decree distinguishes between 12 product categories. Category 6 of the EU WEEE Directive (electrical and electronic tools) has been split into two categories: “garden tools” (VLAREA category 5) and “other electrical and electronic tools” (VLAREA category 7). A further category of “large and small household appliances not for household use” (VLAREA category 10) has been introduced. Wallonia and Brussels Both regional decrees cover the same categories as the WEEE Directive. Criteria are not defined yet. • The national types of equipment Federal (national) level The Royal Decree covers the same types of equipment as the WEEE Directive in Annex IB. Flanders The Ministry may establish a detailed list of equipment for each category. Wallonia and Brussels-Capital Both regional decrees cover the same types of equipment as the WEEE Directive in Annex IB. The Walloon decree states that the list is not exhaustive. • How to distinguish components and finished products? This question is still open. • Do fixed installations fall within the scope of the national WEEE? Flanders A general rule concerning fixed installations has not been established. But the definition of WEEE includes large-scale stationary industrial tools. Wallonia and Brussels-Capital: A general rule concerning fixed installations has neither been established in Wallonia nor in Brussels-Capital. The only fixed installations being excluded from the
E The National Registration Body
27
national scope of WEEE are large-scale stationary industrial tools (category 6, electrical and electronic tools).
D National Timelines National timelines exist for. . . Registration: start and/or due date?
Labelling
Joining a Compliance Scheme (CS) Start of the take-back system
Companies had to submit their waste prevention and waste management plan by 1 August 2005 to each of the three regional agencies A mark put on all EEE put on the market after 13 August 2005 indicates that the product has been put on the market after this date 13 August 2005 Federal level: on 30 October 2004 Flanders: on 1 January 2004 for WEEE as described under Article 3.5.1.b of the decree with the exception of WEEE lighting equipment; on 1 June 2004 for the other WEEE Wallonia: on 1 July 2004 for WEEE lighting equipment other than the lighting equipment foreseen under Annex 1B of the decree and WEEE toys; on 13 August 2005 for WEEE lighting, leisure and sports equipments, medical devices, automatic dispensers and monitoring and control instruments; on 18 April 2005 for other WEEE
Other deadlines
Brussels: on 1 January 2003 for WEE tools and toys; on 7 August 2004 for other WEEE 13 August 2005: obligation to recycle WEEE 1 July 2006: prohibition of hazardous substances 31 December 2006: recycling targets
E The National Registration Body There is no national registry. The regional authorities run the regional registries. Flanders OVAM (Openbare Vlaamse Afvalstoffenmaatschappij) Stationsstraat 110 B- 2800 Mechelen Tel: +32 15 28 42 84 Fax: +32 15 20 32 75 Web site: www.ovam.be
28
Belgium
Wallonia OWD (Office wallon des déchets) Avenue Prince de Liège 15 B - 5100 Namur Tel: +32 81 33 50 50 Fax: +32 81 33 65 22 Web site: www.environnement.wallonie.be Brussels-Capital IBGE (Institut bruxellois pour la gestion de l’environnement) Gulledelle 100 1200 Bruxelles Tel: +32 2 775 75 75 Fax: +32 2 775 76 11 Web site: www.ibgebim.be • Who is obliged to register? The producer or importer. • What are the prerequisites for registration? The agencies require at least one representative with an address in Belgium that can speak for the company. This could be a lawyer or a consultant. • How can you register and in which language? Flanders The individual management plan is sent under separate cover. The declaration form of the individual management plan has to be filled in Dutch. Wallonia and Brussels The individual management plan can be sent by registered letter or delivered against acknowledgement of receipt. In Wallonia, the declaration form of the individual management plan can be filled either in French or in German. The declaration form of the individual management plan of Brussels-Capital can be filled either in French or in Dutch. • Fee for registration The agencies do not charge fees for the application or operation of an individual system. • National WEEE registration number Producers or importers who submit their own waste management plan to the regional authorities get a regional registration number. Such obligation is not provided in any Belgian WEEE legislation.
G The Financial Guarantee
29
F Data Required for Registration • Company Data – – – – – –
– – – –
Name of the enterprise Legal form Address Number of the commercial register and its VAT number Where applicable, the addresses of the registered office, administrative offices, operating locations In the event that there is no domicile address or a company registered in the region, written notification of a location, branch or office where the required data may be retrieved by the authorities in Belgium at any time Telephone number of a contact person Fax number E-mail Name and position of the signatory of the waste prevention and waste management plan
• Product Data Not applicable. • Guarantee Data Financial plan for the time of the individual plan, in which the amount and responsibility of the financial security is determined by a presentation of the annual amount of equipment put on the market, return percentage, re-use percentage, operational costs, etc. • Data on recycling partners/compliance schemes Description of measures set up for qualitative and quantitative prevention. Description of measures taken for maximum product re-uses. Description of measures taken for best possible selective collection. Description of measures for a clear and correct registration of the waste products. If an appeal is made to governmental infrastructure: description of measures for the remuneration of efforts of the various governments.
G The Financial Guarantee Applies to both, B2C and B2B producers, but only to those choosing to comply individually. • Requirements for the financial guarantee No trustee is required.
30
Belgium
Flanders When placing a product on the market, producers must provide a guarantee of their ability to finance take-back costs. Wallonia and Brussels The amount the authorities deem necessary to ensure the disposal of the producer’s WEEE by the region during 6 months. • The guarantee amount is calculated as follows: Not specified. • The following types of guarantees are available: Flanders The Flemish region implemented the directive provision as is. The guarantee can be a recycling insurance, a blocked bank account or proof of participation in an appropriate financing scheme. Wallonia and Brussels The guarantee has to be either an amount blocked at the “Caisse des Dépôts et consignations” or an independent bank guarantee.
H Foreign Producers • Are foreign companies not represented by a local legal entity regarded as “producers”? No. • Can foreign companies not represented by a local legal entity register as “producers”? The agencies require at least one representative with an address in Belgium that can speak for the company. This could be a lawyer or a consultant. • Can foreign producers use the “agent model”? A foreign company can take over the obligations from his customers. This can be seen as a customer service. This information is taken from the following web site: http://www.ovam.be/jahia/do/pid/1420.
I Labelling Producers are responsible for ensuring that EEE covered by the Royal Decree and put on the market after 13 August 2005 contains a clearly visible and indelible indication identifying the producer and the symbol illustrated in the Annex IV of the decree. In exceptional cases, where it is necessary because of the size of the
K
The National Recycling Market
31
product, the symbol shall be printed on the packaging, on the instructions for use and on the warranty of the electrical and electronic equipment.
J Reporting Flanders Producers and importers must provide OVAM with information for each WEEE category on the amount of EEE placed on the Flemish market, the amount of WEEE taken back in the context of the take-back obligation, treatment facilities contracted and methods used and quantities of WEEE recycled, recovered, incinerated or disposed of. Retailers and distributors must inform OVAM of the quantities (by weight) of WEEE taken back over the past 12 months, selected for re-use and returned to the producers or any other party for recovery and recycling. Wallonia Producers must report waste management data to the Walloon waste agency. Brussels Producers or importer must report waste. • How often do you need to report? The reporting has to be submitted on an yearly basis. • How can you submit the reporting? Not defined.
K The National Recycling Market • Existing Compliance Schemes are the following: Only one compliance scheme is currently operational in Belgium: RECUPEL. The producers and importers of EEE, with the support of the Belgian regional governments, have created a non-profit organisation RECUPEL that is operational since 1 July 2001. Companies importing or manufacturing EEE may conclude an Entry Agreement with the managing body or bodies responsible for the sector(s) in which it is active: a. b. c. d. e. f. g.
BW REC, for large household appliances Recupel AV, for audio-visual appliances Recupel ET & G, for electrical tools and gardening equipment Recupel ICT, for IT, telecommunication and office equipment Recupel SDA, for small domestic appliances LightRec, for lighting equipment and gas-discharge lamps MeLaRec, for medical devices and laboratory equipment
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Belgium
Tel: +32 2 706 86 11 or +32 2 706 86 12 Web site: www.recupel.be • Do these Compliance Schemes also accept foreign producers as members, i.e. in connection with the “agent model”? Recupel refuses to register a company that does not have a Belgian VAT number or a Belgian address. However, Recupel offers Belgian importers of EEE to give a mandate to their foreign supplier to fulfil their obligations.
L Where Can You Find Further Information? www.recupel.be www.ovam.be www.environnement.wallonie.be www.ibgebim.be
M Who Can Support You? Anne Jonlet Marx Van Ranst Vermeersch & Partners Avenue de Tervueren 270 1150 Bruxelles Tel: +32 2 285.01.00Mobile: +32 478 28 65 94 Fax: +32 2 230 33 39 E-mail:
[email protected] Web site: www.mvvp.be • Key activities International business transactions such as distribution, agency, licensing, franchising, sale and purchase and all procedures to comply with regulations linked to importation and distribution of products in Belgium. • WEEE-related support they can offer We are willing to assist any foreign company with the registration procedure applicable in the three Belgian regions and on any WEEE matters at federal and regional levels. • Further information The expertise of our public law department covers all aspects of environment matters and we assist clients in identifying key environmental issues and solving these issues in an efficient manner.
Bulgaria
A The National WEEE Legislation The Bulgarian implementation of the WEEE Directive (Decree N 82 and Council of Minister’s Decree No. 137/1999, which was amended accordingly in 2006 to include the product fees for EEE) came into force on 1 July 2006 but was postponed until 1 September 2006 due to lack of preparation. The Bulgarian implementation of the RoHS Directive came into force on 1 January 2007 and became part of the Decree N 82. • Which authority is responsible for the implementation of the Directive into national law? The Ministry of Environment and Waters (MOEW).
B Critical Definitions • “Producer” Supplementary Provision § 1.18. Within the meaning of this Ordinance: “Producer of EEE” means any person who, irrespective of the selling technique used, including through distant sale and in accordance with Article 48, paragraph 1 of the Consumer Protection Act regarding the contracts for distant sales, manufactures and sells EEE under his own brand or represents himself as a producer by putting on the goods, packaging or the adjacent technical or commercial documentation his production or other sign for distinction. Persons reselling under their own brand
Reported by 1WEEE Services GmbH Note: Underlined text is not in line with the WEEE Directive and/or the FAQ Document of the European Commission (http://ec.europa.eu/environment/waste/pdf/faq_weee.pdf). However, this does not mean that the national law violates European law. The discrepancies are part of the range of application given to the national authorities by the WEEE Directive.
E. Westkämper et al. (eds.), National Registration for Producers of Electronic Waste, C Springer-Verlag Berlin Heidelberg 2009 DOI 10.1007/978-3-540-92746-4_4,
33
34
Bulgaria
equipment produced by other suppliers shall also be deemed producers. Persons reselling EEE shall not be deemed “producers” when the brand of the producers is put on the equipment. A person who exclusively provides financing pursuant to a financing agreement shall not be deemed a “producer” unless he also acts as a producer within the meaning of this definition. • “Place/put on the market” Not defined in the Bulgarian WEEE Decree, but does refer to the Bulgarian market. • “Historical” and “new” waste Historical waste is waste put on the market till 1 September 2006. New waste is waste put on the market after that date. • Household (B2C) and non-household (B2B) products Supplementary Provision § 1.7. Within the meaning of this Ordinance: “WEEE generated by the households” is WEEE which comes from the private activities of the people at their homes. This shall also mean the WEEE from administrative and social building, commercial and industrial sites or other sources, which by its nature and quantity is similar to the WEEE generated as a result of the private activities of households.
C The National Scope of WEEE The Bulgarian WEEE Decree applies to “Electric and electronic equipment” which is dependent on electric currents or electromagnetic fields in order to work properly and equipment for the generation, transfer and measurement of such currents and fields falling under the categories set out in Appendix N 1 and designed for use with a voltage rating not exceeding 1,000 V for alternating current and 1,500 V for direct current. • Who is responsible for a correct categorization into the 10 WEEE categories and the national types of equipment? What are the criteria? No information available. • The national types of equipment The following are the list of the type of appliances determined in the different categories of EEE according to Appendix N 1 to Article 3, paragraph 1, point 1. 1. Large household appliances: 1.1. Large cooling appliances 1.2. Refrigerators 1.3. Freezers 1.4. Other large appliances used for refrigeration, conservation and storage of food
C
The National Scope of WEEE
1.5. 1.6. 1.7. 1.8. 1.9. 1.10. 1.11. 1.12. 1.13. 1.14. 1.15. 1.16. 1.17. 1.18.
35
Washing machines Clothes dryers Dish washing machines Cookers Electric stoves Electric hot plates Microwaves Other large appliances used for cooking and other processing of food Electric heating appliances Electric radiators Other large appliances for heating rooms, beds, seating furniture Electric fans Air conditioner appliances Other fanning, exhaust ventilation and conditioning equipment
2. Small household appliances 2.1. Vacuum cleaners 2.2. Carpet sweepers 2.3. Other appliances for cleaning 2.4. Appliances used for sewing, knitting, weaving and other processing for textiles 2.5. Irons and other appliances for ironing, mangling and other care of clothing 2.6. Toasters 2.7. Fryers 2.8. Grinders, coffee machines and equipment for opening and sealing containers or packages 2.9. Electric knives 2.10. Appliances for hair-cutting, hair drying, tooth brushing, shaving, massage and other body care appliances 2.11. Clocks, watches and equipment for the purpose of measuring, indicating and registering time 2.12. Scales 2.13. Other small appliances used for cooking and other processing of food 3. IT and telecommunications equipment 3.1. Centralised data processing equipment 3.1.1. Mainframes 3.1.2. Minicomputers 3.1.3. Printing units 3.2. Personal computing 3.2.1. Personal computers (CPU, mouse, screen and keyboard included) 3.2.2. Laptop computers (CPU, mouse, screen and keyboard included) 3.2.3. Notebook computers
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Bulgaria
3.2.4. 3.2.5. 3.2.6. 3.2.7. 3.2.8. 3.2.9.
3.3. 3.4. 3.5. 3.6. 3.7. 3.8. 3.9. 3.10. 3.11.
Notepad computers Printers Copyingequipment Electrical and electronic typewriters Pocket and desk calculators Other products and equipment for the collection, storage, processing, presentation of communication of information by electronic means User terminals and systems Facsimile Telex Telephones Pay telephones Cordless telephones Cellular telephones Answering systems Other product and equipment for transmitting sound, images or other information by telecommunications
4. Consumer equipment 4.1. Radio sets 4.2. Television sets 4.3. Videocameras 4.4. Video players and recorders 4.5. Hi-fi recorders 4.6. Audio amplifiers 4.7. Musical instruments 4.8. Other products or equipment for recording or reproducing sound or images, including signals or other technologies for the distribution of sound and images than by telecommunications (photo-cameras and others 5. Lighting equipment 5.1. Luminaries for fluorescent lamps with the exception of luminaries in households 5.2. Straight fluorescent lamps 5.3. Compact fluorescent lamps 5.4. High-intensity gas discharge lamps, including pressure sodium lamps and metal halide lamps 5.5. Low-pressure sodium lamps 5.6. Other lighting or equipment for the purpose of spreading or controlling light with the exception of filament bulbs 6. Electrical and electronic tools (with the exception of large-scale industrial tools) 6.1. Drills 6.2. Saws
C
The National Scope of WEEE
37
6.3. Sewing machines 6.4. Equipment for turning, milling, sanding, grinding, sawing, cutting, shearing, drilling, making holes, punching, folding, bending or similar processing of wood, metal and other materials 6.5. Tools for riveting, nailing or screwing or removing rivets, nails, screws or for similar use 6.6. Tools for welding, soldering or similar use 6.7. Equipment for spraying, spreading, dispersing or other treatment of liquid or gaseous substances by other means 6.8. Tools for mowing or other gardening activities 7. Toys, leisure and sports equipment 7.1. Electric trains or car racing sets 7.2. Hand-held video game consoles 7.3. Video games 7.4. Computers for biking, diving, running, rowing, etc. 7.5. Sport equipment with electric and electronic components 7.6. Coin slot machines 8. Medical devices (with the exception of all implanted and infected products) 8.1. Equipment for 8.1.1. Radiotherapy/ray therapy 8.1.2. Cardiology 8.1.3. Dialysis 8.2. Pulmonary ventilators (for inhalation) 8.3. Nuclear medicine equipment 8.4. Laboratory equipment for in vitro diagnosis 8.5. Analysers 8.6. Freezers 8.7. Fertilization test appliances 8.8. Other appliances for detecting, preventing, prophylaxis, monitoring, treating, alleviating illness, injury or disability 9. Monitoring and control instruments 9.1. Smoke detectors 9.2. Heating regulators 9.3. Thermostats 9.4. Measuring, weighing or adjusting appliances for household or as laboratory equipment 9.5. Other monitoring and control instruments used in industrial installations (e.g. in control panels) 10. Automatic dispensers 10.1. Automatic dispensers for hot drinks 10.2. Automatic dispensers for hot or cold bottles or cans 10.3. Automatic dispensers for solid products 10.4. Automatic dispensers for money 10.5. All appliances which deliver automatically all kinds of products
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Bulgaria
• How to distinguish components and finished products? No information available. • Do fixed installations fall within the scope of the national WEEE? Only large-scale industrial tools falling under category 6 are exempted from the Bulgarian WEEE Decree.
D National Timelines National timelines exist for. . . Registration: start and/or due date?
Labeling Joining a Compliance Scheme (CS) Start of the take-back system Other national timelines Start of reporting obligation for producers
Since an existing register of the Ministry of Economy will be used, there is no deadline for registration Start date not available August 2006 1 September 2006 1 July 2007
E The National Registration Body The Ministry of the Environment (MOEW) is the registration agency for WEEE: MOEW – Department of Waste Management 1000 Sofia, 67 William Gladstone str. Mrs. Kostadinova Tel. + 359 2 940 65 31 Web site: www.moew.government.bg • Who is obliged to register? From the Compliance Scheme Ecobultech we received the information that there is no general legal obligation for registration. Registration is required only when the producer complies with his legal obligations for collection and recycling individually. • What are the prerequisites for registration? A local legal entity inside Bulgaria is required. • How can you register and in which language? Only producers located in Bulgaria can register, hence registration is probably only possible in Bulgarian language. • Fees for registration No information available. • National WEEE registration number No information available.
I
Labeling
39
F Registration Data • Company data No information available. • Product data No information available. • Guarantee data Please see Section G. • Data on recycling partners/compliance schemes No information available.
G The Financial Guarantee Importers not complying through a compliance scheme or an individual system have to pay a product tax to the Enterprise for Management of Environmental Protection Activities (EMEPA). This tax is seen as a guarantee. Producers/importers being a member of a compliance scheme are exempted from this tax. Product tax for 2008 in EUR/kg Category 1
0.50–0.74
Category 2 Category 3, 4 Category 5, 6, 7, 8, 9 Category 10
1.69 1.06–1.25 1.69 0.50
H Foreign Producers • Are foreign companies not represented by a local legal entity regarded as “producers”? No. (So far no provisions for foreign distance sellers selling directly to Bulgarian end-customers.) • Can foreign companies not represented by a local legal entity register as “producers”? No. (So far no provisions for foreign distance sellers selling directly to Bulgarian end-customers.) • Can foreign companies use the “agent model”? No.
I Labeling Appendix N 3 to Article 7, Paragraph 1: crossed-out wheeled bin symbol The symbol indicating separate collection of EEE consists of the crossed-out wheeled bin. The content, size and design of the marking are indicated in the Bulgarian standard introducing the requirements of EN 50419:2005.
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Bulgaria
The marking also indicates the date of production or release for circulation. The following options can be chosen: 1. Non-coded text in accordance with the Bulgarian standard introducing the requirements of EN 28 601 or in other coded text, whereas the code should be provided to the WEEE treatment facilities; 2. Marking according to the illustration representing thick (filled-in) barcode under the crossed-out wheeled bin.
J Reporting • How often do you need to report? – A monthly report to the take-back consortium Ecobultech is required. – A quarterly report to Executive Agency of Environment (EAE) is required. • How can you submit the reporting? No information available.
K The National Recycling Market At present, the Bulgarian Recycling market has a monopolistic structure. • Existing Compliance Schemes are found in: www.ecobultech.com • Do these Compliance Schemes also accept foreign producers as members, i.e. in connection with the “agent model”? No.
L Where Can You Find Further Information? Not available.
M Who Can Support You? Ms. Christina Brandmann, Legal Counsel Schickardstr. 30, 71034 Boeblingen, Germany Tel.: +49 (0)7031/43938-0, Fax: +49 (0)7031/43938-222 Email:
[email protected] Website: www.1weee-services.com
M
Who Can Support You?
41
• Key activities 1WEEE Services offers consulting on waste-related legislations (such as WEEE, batteries and packaging) across Europe and North America as well as operational compliance services. • WEEE related support they can offer 1WEEE Services support companies from all over the world which sell electrical and electronic products. We accompany our clients along the whole range of takeback obligations and are able to provide them with either a full-service package or exactly those segments of the package they select as their tailored support. We offer: (a) Legal and business consulting and administration services, e.g.: – Legal assessments– Proposals for cooperation with distribution partners – Registration with national authorities (b) Process management to help our customers, e.g.: – – – – – –
Adapt their processes and IT for WEEE, battery and packaging services Select the appropriate supplier for logistics, take-back and recycling Fulfil the reporting duties to clearing houses and recycling schemes Finance guarantees and future take-back obligations Select a trustee for guarantees Get a single contact for all customers’ concerns
Independent from any recycling company, 1WEEE Services can serve as an environmental pilot in (a) (b) (c) (d) (e)
27 EU member states 50 US states 13 Canadian provinces and territories Norway and Switzerland, and other neighboring countries
offering proactive consulting and smart compliance services.
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Cyprus
A The National WEEE Legislation The WEEE and RoHS Directives have been transposed into Cyprus national law by the Solid and Hazardous Waste (Electric and Electronic Equipment) Regulations of 2004 (hereinafter called “the WEEE Regulations”), which in turn were issued in accordance with section 5 of the Solid and Hazardous Waste Law (N. 215(i)/2002). The WEEE Regulations came into force on 13 August 2005. • Which authority is responsible for the implementation of the directive into national law? The Environment Agency of the Ministry of Agriculture, Natural Resources and Environment: www.moa.gov.cy
B Critical Definitions • “Producer” According to the WEEE Regulations, the term “producer” is defined as any person who, irrespective of the sales technique employed (including distance selling), (i) manufactures and sells electrical and electronic equipment bearing his/her brand or seal in Cyprus; (ii) re-sells under his own brand/name and in any other way equipment produced by other suppliers in Cyprus; (iii) imports or exports electrical and electronic equipment on a professional basis into a member state or places into the Republic of Cyprus EEE on a professional basis from another member state. Andreas Neocleous & Co Note: Underlined sections are not in line with the WEEE Directive and/or the FAQ Document of the European Commission (http://ec.europa.eu/environment/waste/pdf/faq_weee.pdf). However, this does not mean that the national law violates European law. The discrepancies are part of the range of applications given to the national authorities by the WEEE Directive.
E. Westkämper et al. (eds.), National Registration for Producers of Electronic Waste, C Springer-Verlag Berlin Heidelberg 2009 DOI 10.1007/978-3-540-92746-4_5,
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Cyprus
The definition of a producer in the WEEE Directive is slightly different from that contained in the WEEE Regulations. There is one notable respect: The WEEE Directive provides expressly that a reseller, who resells under his own brand equipment produced by other suppliers, will not be regarded as the producer if the brand of the producer appears on the equipment as provided in sub-point (i) above. This is not implemented in the definition of producer contained in the WEEE Regulations. • “Place/put on the market” The phrase “place on the market” is not defined in the WEEE Regulations. • “Historical” and “new” waste Historical waste is defined as waste from products which were placed on the market prior to 13 August 2005. New waste is waste from products placed on the market on or after 13 August 2005. • Household (B2C) and non-household (B2B) products The distinction between private household WEEE and non-private household WEEE is in line with the WEEE Directive.
C The National Scope of WEEE The national scope of WEEE is in line with the WEEE Directive. Type of equipment which falls within the scope of the WEEE Regulations is listed in Annex 1B of the WEEE Regulations. This is the same list as found in Annex 1B of the WEEE Directive. Further guidance may be obtained from the Ministry of Agriculture, Environment and Natural Resources web site: www.moa.gov.cy (until now only available in Greek). • Who is responsible for a correct categorization into the 10 WEEE categories and the national types of equipment? What are the criteria? The producer has to determine the categorization of products into the 10 WEEE categories. This is then monitored by the Environment Service. The criteria can be found in the legislative framework and/or on the application for the registration of an EEE producer (guidance notes attached), available from the Environment Service’s section of the Ministry of Agriculture, Environment and Natural Resources web site: www.moa.gov.cy • The national types of equipment A list of the types of equipment covered by the 10 WEEE categories can be found on the Environment Service’s section of the Ministry of Agriculture, Environment and Natural Resources web site: www.moa.gov.cy • How to distinguish components and finished products? Components (e.g. transistors) do not fall under the scope of the WEEE Regulations to the extent that they do not perform an independent function. Products that do
E The National Registration Body
45
perform an independent function are considered to be finished products and therefore do fall under the scope of the WEEE Regulations (e.g. CPUs, mouse, keyboard, monitors). • Do fixed installations fall within the scope of the national WEEE? Fixed installations do not seem to fall within the scope of the WEEE Regulations.
D National Timelines What timelines exist for. . . Registration: start and/or due date? Labelling Joining a Compliance Scheme (CS) Start of the take-back system
Due date: 31 October 2005 Start date: 13 August 2005 Not available 13 August 2005
E The National Registration Body The Environment Service, Ministry of Agriculture, Natural Resources and Environment 10-12 Grigori Afxentiou Street, 1411 Agios Dometios, Nicosia, Cyprus. Phone: +357 22303857 Fax: +357 22774945 E-mail:
[email protected] • Who is obliged to register? All producers of EEE, as defined in the WEEE Regulations, who have placed EEE onto the Cyprus market. • What are the prerequisites for registration? Essentially, only companies incorporated in Cyprus or foreign companies that have a registered branch in Cyprus may register. • How can you register and in which language? A producer must complete the relevant application for registration and submit it to the Environment Service by fax, by post, by e-mail or in person. For the time being, all applications for registration may only be submitted in Greek. Online registration is also available, but also only in Greek. • Fees for registration No fees are currently required.
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• National WEEE registration number Producers receive a national registration number when they are registered correctly. There is no current legal requirement for producers to include the registration number on any documentation (e.g. quotes, invoices, advertising material). However, they are free to do so if they wish.
F Data Required for Registration • Company Data The following company data are required: – – – – – – –
the name of the company; its corporate registration number; correspondence address; telephone and fax number; e-mail and web site (if available); main areas of activities; details of contact person (i.e. name, address, telephone and fax number, position, e-mail).
• Product Data Applicants must indicate – – – –
the relevant product category from a selection of 10 categories; the end users of the products (i.e. businesses or private households); whether distance selling has been employed to sell products; the total quantity in metric tons for each product category disposed on the market; and – the applicable estimated market share for said product category.
• Guarantee data No specific reference is made to guarantee data in the application for registration. • Data on recycling partners/compliance schemes It needs to be indicated – whether the company participates in an individual or collective scheme for administering WEEE; – a description of the procedures which have been put into place to administer the WEEE (e.g. procedures followed for the collection and transport of waste, procedures for processing, re-using and recycling of waste) – a brief reference to the various agreements the applicant has concluded with other participating companies or parties for the administration of the WEEE, accompanied with a brief summary of the said agreements and contact details of the participating parties (e.g. recycling companies, insurance companies).
J Reporting
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G The Financial Guarantee Not clarified yet if a financial guarantee is requested for B2C and B2B WEEE. • Requirements for the financial guarantee A financial guarantee must secure the financing of the collection, processing, recovery and environmentally sound disposal of household WEEE. The WEEE Regulations do not state any requirement in relation to the use of a trustee. • The guarantee amount is calculated as follows: At the moment, no guidance is available on this matter. • The following types of guarantees are available: Not available.
H Foreign Producers • Are foreign companies not represented by a local legal entity regarded as “producers”? Foreign companies are not regarded as “producers” at this point in time. • Can foreign companies not represented by a local legal entity register as “producers”? No, they cannot register at this time. • Can foreign companies use the “agent model”? No guidance is available at this time.
I Labelling In relation to B2C products, the following labelling requirements are covered: – The identity of the producer – Symbol of crossed-out wheelie bin – Statement that EEE was first put on the market after 13 August 2005. In relation to B2B products, the following labelling requirements are covered: – The identity of the producer – Statement that EEE was first put on the market after 13 August 2005.
J Reporting All producers of EEE are required to report the following data to the Minister of Agriculture, Natural Resources and Environment:
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Information on the annual quantities and categories of EEE put on the market, collected by any viable means, reused or recycled and recovered in the Republic of Cyprus, as well as data on exported waste by weight. • How often do you need to report? Reporting is done on an annual basis. • How can you submit the reporting? The reporting is done in writing, for the time being, addressed to the Minister of Agriculture, Natural Resources and Environment.
K The National Recycling Market The waste disposal market is organized in the form of a competitive structure. The only requirement for producers or companies which deal in the disposal, processing and recycling of waste is the issue of the requisite operating license. • Existing Compliance Schemes are the following: At the moment there is only one compliance scheme in operation in Cyprus. This is being promoted by a non-profit company, namely the “Company for the Management of WEEE Ltd”, established and managed by the Cyprus Chamber of Commerce and Industry, whose members include a sizeable number of the larger producers of EEE in Cyprus. However, it should be noted that this collective scheme has not yet been officially approved by the relevant government authorities. Further information may be obtained from the Cyprus Chamber of Commerce and Industry at the following address: 38 Griva Digeni Avenue, P.O. Box 21455, 1509 Nicosia, Cyprus. Tel: +357 22889800 Fax: +357 22669048 E-mail:
[email protected] • Do these Compliance Schemes also accept foreign producers as members, i.e. in connection with the “agent model”? Not applicable
L Where Can You Find Further Information? www.moa.gov.cy (Cyprus Ministry of Agriculture, Natural Resources and Environment) www.ccci.org.cy (Cyprus Chamber of Commerce and Industry)
M
Who Can Support You?
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M Who Can Support You? • Contact details of your office Achilleas Malliotis, Advocate ANDREAS NEOCLEOUS & CO (Nicosia Office) Xenios Business Center, Archbishop Makarios III Avenue, Nicosia, Cyprus. P.O. Box 26821, 1648 Nicosia, Cyprus. Tel: +357 22376868, Fax: +357 22376644 E-mail:
[email protected] Nicholas Ktenas, Advocate ANDREAS NEOCLEOUS & CO (Nicosia Office) Xenios Business Center, Archbishop Makarios III Avenue, Nicosia, Cyprus. P.O. Box 26821, 1648 Nicosia, Cyprus. Tel: +357 22376868 Fax: +357 22376644 E-mail:
[email protected] • Key activities Provision of consulting, litigation, research and general legal advice on aspects of corporate, commercial, EU, IP and environmental law, including WEEE and RoHS legislation. • WEEE-related support they can offer Provide advice and support concerning the practical implementation of national laws concerning WEEE and RoHS, including registration matters with the relevant national authority. • Further information www.neocleous.com
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Czech Republic
A The National WEEE Legislation The Waste Act 185/2001 was amended by Act No. 7/2005 to transpose the RoHS Directive and the broad principles of the WEEE Directive. In September 2005, the Decree 352/2005 set out details of the management and financing arrangements for WEEE. This decree came into force on 15 September 2005. • Who is designated to enforce the law? The Ministry of Environment of the Czech Republic Address: Vrsoviska 65 CZ-100 10 Prague 10 E-mail:
[email protected]
B Critical Definitions • “Producer” Producer is any natural or legal person authorized to operate a business who, irrespective of the selling technique used, including by means of distance communication, 1. manufactures and sells electrical and electronic equipment under his own brand, or ∗
BÁNSKÝ & PARTNERS Note: Underlined sections are not in line with the WEEE Directive and/or the FAQ Document of the European Commission (http://ec.europa.eu/environment/waste/pdf/faq_weee.pdf). However, this does not mean that the national law violates European law. The discrepancies are part of the range of applications given to the national authorities by the WEEE Directive.
E. Westkämper et al. (eds.), National Registration for Producers of Electronic Waste, C Springer-Verlag Berlin Heidelberg 2009 DOI 10.1007/978-3-540-92746-4_6,
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2. resells under his own brand electrical and electronic equipment produced by other suppliers, unless the brand of the person pursuant to point 1 appears on the equipment, or 3. imports electrical and electronic equipment to the Czech Republic or puts such electrical and electronic equipment on the market in the Czech Republic within his/her business activities. • “Place/put on the market” This term is not defined in the act, but it means the first transfer of a product, with or without consideration, to another person in the Czech Republic for the purpose of distribution or use. Importing a product is also considered as putting it on the market. • “Historical” and “new” waste Section 2, point (b) stipulates the following: Historical waste means waste electrical and electronic equipment from users other than private households put on the market by 13 August 2005 which has became waste pursuant to Section 3 of the act. • Household (B2C) and non-household (B2B) products B2C products are products which could be used in private households. B2C products which are used by commercial customers not equal to private households will be categorized as B2C products if the producer cannot prove the B2B characteristics of the product. B2B products are products which can exclusively be used in a commercial way, i.e. due to their usage, special requirements such as licenses for use, special environment or specifically trained staff, the size, the price or other characteristics, which do not allow the usage in private areas or at least minimize the probability. The producer has to prove the correctness of a B2B classification.
C The National Scope of WEEE The following 10 WEEE categories are covered (see Annex No. 1 to Decree No. 352/2005 Coll.): 1 2 3 4 5 6
Large household appliances Small household appliances IT and telecommunications equipment Consumer equipment Lighting equipment Electrical and electronic tools (with the exception of large-scale stationary industrial tools)
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The National Scope of WEEE
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7 8 9 10
Toys, leisure and sports equipment Medical devices (with the exception of all implanted and infected products) used Monitoring and control instruments Automatic dispensers
• Who is responsible for a correct categorization into the 10 WEEE categories and the national types of equipment? What are the criteria? According to the relevant laws, the producer is responsible for a correct categorization of his products. The criteria can be taken from the following web site: www.env.cz • The national types of equipment The national types of equipment can even be found in Annex 1 of the Czech WEEE Act: 1 Large household appliances 1.1. 1.2. 1.3. 1.4. 1.5. 1.6. 1.7. 1.8. 1.9. 1.10. 1.11. 1.12. 1.13. 1.14. 1.15. 1.16. 1.17. 1.18. 1.19.
Large cooling appliances Refrigerators, combined refrigerators and freezers Freezers Other large appliances used for refrigeration, conservation and storage of food Washing machines Clothes dryers Dish washing machines Baking equipment Electric stoves Electric hot plates Microwaves Other large appliances used for cooking and other processing of food Electric heating appliances Electric radiators Other large appliances for heating rooms, beds, seating furniture Large electric fans Air conditioner appliances Other fanning, exhaust ventilation and conditioning equipment Other large domestic appliances not classified in other subgroups
2 Small household appliances 2.1 2.2 2.3 2.4
Vacuum cleaners Carpet sweepers Other appliances for cleaning Appliances used for sewing, knitting, weaving and other processing for textiles
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2.5 2.6 2.7 2.8 2.9 2.10 2.11 2.12 2.13 2.14
Irons and other appliances for ironing, mangling and other care of clothing Toasters Fryers Grinders, coffee machines and equipment for opening or sealing containers or packages Electric knives Appliances for hair cutting, hair drying, tooth brushing, shaving, massage and other body care appliances Clocks, alarm clocks and equipment for the purpose of measuring, indicating or registering time Scales Small electric fans Other small domestic appliances not classified in other subgroups
3 IT and telecommunications equipment 3.1 3.2 3.3 3.4 3.5 3.6 3.7 3.8 3.9 3.10 3.11 3.12
3.13 3.14 3.15 3.16 3.17 3.18 3.19 3.20 3.21
Mainframes Minicomputers Printer units (independent central printers) Personal computers (CPU, mouse, screen and keyboard included) Laptop computers (CPU, mouse, screen and keyboard included) Notebook computers Notepad computers Printers Copying equipment Electrical and electronic typewriters Pocket and desk calculators Other products or equipment for the collection, storage, processing, presentation or communication of information by electronic means not classified in other subgroups User terminals and systems Telex Facsimile Telephones Pay telephones Cordless telephones Cellular telephones Answering systems Other products or equipment of transmitting sound, images or other information by telecommunications not classified in other subgroups
4 Consumer equipment 4.1 Radio sets (radio alarm clocks, radio tape records) 4.2 Television sets 4.3 Video cameras
C
The National Scope of WEEE
4.4 4.5 4.6 4.7 4.8
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Video recorders Hi-fi recorders Audio amplifiers Musical instruments Other products or equipment for the purpose of recording or reproducing sound or images, including signals or other technologies for the distribution of sound and image than by telecommunications (consumer equipment) not classified in other subgroups
5 Lighting equipment 5.1 Luminaires for fluorescent lamps with the exception of luminaires in households 5.2 Straight fluorescent lamps 5.3 Compact fluorescent lamps 5.4 High-intensity discharge lamps, including pressure sodium lamps and metal halide and combined lamps 5.5 Low-pressure sodium lamps 5.6 Other lighting or equipment for the purpose of spreading or controlling light with the exception of filament bulbs not classified in other subgroups 6 Electrical and electronic tools (with the exception of large-scale stationary industrial tools) 6.1 Drills 6.2 Saws 6.3 Sewing machines except for equipment used in households and classified in group 2 6.4 Equipment for turning, milling, sanding, grinding, sawing, cutting, shearing, drilling, making holes, punching, folding, bending or similar processing of wood, metal and other materials 6.5 Tools for riveting, nailing or screwing or removing rivets, nails, screws or similar uses 6.6 Tools for welding, soldering or similar use 6.7 Equipment for spraying, spreading, dispersing or treatment of liquid or gaseous substances by other means 6.8 Tools for mowing or other gardening activities 6.9 Other electrical and electronic tools not classified in other subgroups 7 Toys, leisure and sports equipment 7.1 7.2 7.3 7.4 7.5
Electric trains or car racing sets Hand-held video game consoles Video games Computers for biking, diving, running, rowing, etc. Sports equipment with electric or electronic components
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7.6 Coin slot machines 7.7 Other toys, leisure and sports equipment not classified in other subgroups 8 Medical devices (with the exception of all implanted and infected products) used 8.1 8.2 8.3 8.4 8.5 8.6 8.7 8.8 8.9 8.10
in radiotherapeutics in cardiology in dialysis in respiratory and anaesthesiological practice in radiotherapy in in vitro diagnostics for analysis of physiological functions for freezing for the purposes of provision of health care for ultrasonic diagnostics in other activities, such as detecting, monitoring, treating, alleviating illness, injury or disability not classified in other subgroups.
9 Monitoring and control instruments 9.1 9.2 9.3 9.4
Smoke detector Heating regulators Thermostats Measuring, weighing or adjusting appliances for household or as laboratory equipment 9.5 Other monitoring and control instruments used in industrial installations (e.g. in control panels) 9.6 Other monitoring and control instruments not classified in other subgroups 10 Automatic dispensers 10.1 10.2 10.3 10.4
for hot drinks for hot or cold bottles or cans for solid products for money
• How to distinguish components and finished products? The law does not provide definitions for components and finished products. • Do fixed installations fall within the scope of the national WEEE? Fixed installations are not expressly excluded from the scope of the national WEEE Act. The only fixed installations being excluded from the national WEEE are large-scale stationary industrial tools (category 6).
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D National Timelines National timelines exist for. . . Registration: start and/or due date? Labelling Joining a Compliance Scheme (CS) Start of the take-back system Other deadlines
From 13 August 2005 till 12 October 2005 13 August 2005 12 October 2005 13 August 2005 Annual compliance report in case of individual compliance: 31 March 2006
E The National Registration Body Ministry of Environment of the Czech Republic Department of Waste Management Vršovická 65 Praha 10, 100 10 Central: +420-2-6712-1111 Fax: +420-2-6731-0308 E-mail:
[email protected] Web site: www.env.cz • Who is obliged to register? Any producer putting EEE on the Czech market and complying individually has to register. Producers being a member of a collective system are registered by the respective system. Distance sellers from the Czech Republic to other member states must register as well. • What are the prerequisites for registration? Any producer of electrical and electronic equipment who is subject to the duties pursuant to the Waste Act No. 185/2001 shall be obliged to submit a proposal for registration in the List of Producers of Electrical and Electronic Equipment (hereinafter the “List”) within the scope pursuant to Section 37i, paragraph 3 hereof, which postulates the following: A proposal for registration in the List shall include (a) the name and surname, or business name, address of the place of residence, place of business, identification number, if assigned, and officially authenticated copy of the business license, e.g. the trade license, for a natural person; if the natural person is registered in the Commercial Register, also an extract from the Commercial Register which may not be older than 3 months; (b) the business name, legal form, address of the registered office, identification number, if assigned, and an extract from the Commercial Register which may
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not be older than 3 months, for a legal person, provided that it is registered in that register; (c) a list and description of the electrical and electronic equipment; (d) the manner of performance of the duties set forth in this title of the act; (e) the way of financial guarantee pursuant to Sections 37n and 37o and documents thereon. • How can you register and in which language? This is not specified by law. Usually producers are required to register in Czech language. • Fees for registration Not applicable. • National WEEE registration number Producers get a registration number, which should be stated in their records and reporting data.
F Data Required for Registration • Company, Product, Guarantee and Recycling Data
F
Data Required for Registration
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G The Financial Guarantee Only B2C producers who comply individually need to provide a financial guarantee. Producers who comply jointly do not need to provide a financial guarantee but must include an agreement in their registration application that shows how their WEEE will be financed if the joint system ceases. • Requirements for the financial guarantee If the financial guarantee is provided in the form of a blocked bank account, producers shall deposit funds in this account in accordance with the plan of securing deposits of funds at least once each calendar quarter. The minimum amount of these funds shall be calculated as the sum of products of contributions for historical electrical and electronic equipment and the quantities of electrical and electronic equipment put in the market by the producer during the previous year, expressed either in items or in kilograms. In the framework of the annual report on the performance of duties, the producers shall provide for settlement of these funds and specify the plan of securing the deposits of funds for the next year. Interest accrued on the funds in the blocked bank account shall become part of the security funds. The form of an application for the consent of the Ministry to the use of the funds from a blocked bank account is set forth in Annex No. 9 to this Decree.
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Labelling
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If the financial guarantee is provided by means of an insurance policy, the agreed insurance benefit must equal at least the amount of the funds deposited in the blocked bank account pursuant. • The guarantee amount is calculated as follows: Please see above. • The following types of guarantees are available: Please see above.
H Foreign Producers • Are foreign companies not represented by a local legal entity regarded as “producers”? No. • Can foreign companies not represented by a local legal entity register as “producers”? No. • Can foreign companies use the “agent model”? No.
I Labelling (1) Electrical and electronic equipment put on the market after 13 August 2005 shall be labelled by the symbol of the producer and the symbol of putting on the market. (2) The labelling by the symbol of the producer of electrical and electronic equipment shall include (a) specification of the name and surname or business name; (b) specification of the brand under which the producer imports or puts on the market electrical and electronic equipment and which the producer specifies in the proposal for registration; or (c) the registration number of the producer in the List. (3) The labelling by the symbol of putting on the market after 13 August 2005 shall include (a) specification of the date of putting on the market; (b) specification of the symbol “8/05”, or (c) the graphic symbol pursuant to Figure No. 1 set forth in Annex No. 6 to this decree.
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(4) For the purposes of taking back of electrical and electronic equipment and separate collection of waste electrical and electronic equipment, electrical and electronic equipment shall be labelled by the graphic symbol pursuant to Figure No. 1 or No. 2 set forth in Annex No. 6 to this decree. (5) The labelling pursuant to paragraphs 1 to 3 above shall be placed on the electrical and electronic equipment so that it is visible, legible and indelible in normal use. (6) If the labelling pursuant to paragraphs 1 to 3 above cannot be placed directly on the electrical and electronic equipment, it shall be specified in the accompanying documentation. In case of very small electrical and electronic equipment that is replaced by item and that does not have any accompanying documentation, the procedure pursuant to paragraphs 1 to 3 above shall not apply and the producers shall specify this fact in the proposal for registration.
J Input Reporting The so-called “Annual report on performance of the duty to take-back electrical and electronic equipment and to provide for separate collection of waste electrical and electronic equipment” set forth in Annex No. 4 to the Decree No. 185/2005 Coll. requires the following information: – – – –
Weight and quantity of own production per product category Weight and quantity of imported products per product category Weight and quantity of exported products per product category Weight and quantity of products put on the market in the Czech Republic per product category – Total quantity taken back from consumers and separately collected from end users: At collection sites From last vendors Other manner of taking back – Manner of management of WEEE, the quantity handed over in tons and relevant partners Weight shall be specified in tons to three decimal places and the quantity shall be specified in items. For collectively complying producers this report is being generated by the compliance scheme including the quantities for all producers involved. • How often do you need to report? Reports to the authority need to be submitted on a yearly basis. However, the compliance schemes might request their members to report more frequently. • How can you submit the reporting? This is not specified by law.
K
The National Recycling Market
K The National Recycling Market The Czech recycling market is an open, competitive market. • Existing Compliance Schemes are the following: ASEKOL Dobrušská 1 147 00 Prague 4 The Czech Republic Phone: +420 261 303 253 E-mail:
[email protected] Web site: www.asekol.cz EKOLAMP s.r.o. Korytná 47/3, 100 00 Praha 10 – Strašnice Tel: +420 274 810 481 Fax: +420 274 771 355 E-mail:
[email protected] Web site: www.ekolamp.cz ELEKTROWIN a.s. Michelská 300/60 140 00 Praha Fax: 241 091 834 E-mail:
[email protected] Web site: www.electrowin.cz REMA Systém, a.s. Bavorská 856 155 41 Praha 5 ˇ Ceská republika Tel: +420 224 454 224 +420 224 454 421(3) Fax: +420 224 454 422 E-mail:
[email protected] Web site: www.remasystem.cz RETELA Neklanova 152/44 128 00 Praha 2 – Vyšehrad Tel: +420 224 910 402 Fax: +420 224 910 383 E-mail:
[email protected] Web site: www.retela.cz
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• Do these Compliance Schemes also accept foreign producers as members, i.e. in connection with the “agent model”? No.
L Where Can You Find Further Information? The Ministry of the Environment of the Czech Republic www.env.cz The Ministry of the Agricultural of the Czech Republic www.mze.cz Czech Moravian Electro technical Association www.electroindustry.cz Association of European Manufactures of Domestic Equipment www.cecedcz.cz
M Who Can Support You? BÁNSKÝ & PARTNERS, Law offices Elišky Krásnohorské 10/2 CZ-110 00 Prague 1 Tel: +420 224 812 325 Fax: +420 224 819 435 E-mail:
[email protected] Contact Persons: JUDr. Marek Bánský JUDr. Olga Šlehoferová JUDr. Radka Jeriová • Key activities Corporate law, civil law, contract law, labour law, real estate law, intellectual property. • WEEE-related support they can offer Legal advice, any registration required by law, drafting agreements, dealing with local authorities.
Denmark
A The National WEEE Legislation Denmark implemented the WEEE Directive through Statutory Order no. 664 (the “WEEE Order” on management of waste electrical and electronic equipment) of 27 June 2005, which came into force on 1 April 2006, and Act no. 385 of 25 May 2005 (the act amending the Danish Environmental Protection Act). Please note: The WEEE Order does not apply to Greenland and Faeroe Islands. • Which authority is responsible for the implementation of the directive into national law? Danish Environmental Protection Agency (Danish EPA) 29 Strandgade DK-1401 København K Tel: +45 32 66 01 00 Fax: +45 32 66 04 79 E-mail:
[email protected]
B Critical Definitions • “Producer” Producers and importers: Any person who a. produces and distributes EEE under his own trademark; b. under his own trademark redistributes equipment produced by other suppliers; a redistributor shall not, however, be regarded as a producer if the producer’s trademark is indicated on the equipment; or 1WEEE Services GmbH Note: Underlined sections are not in line with the WEEE Directive and/or the FAQ Document of the European Commission (http://ec.europa.eu/environment/waste/pdf/faq_weee.pdf). However, this does not mean that the national law violates European law. The discrepancies are part of the range of applications given to the national authorities by the WEEE Directive. E. Westkämper et al. (eds.), National Registration for Producers of Electronic Waste, C Springer-Verlag Berlin Heidelberg 2009 DOI 10.1007/978-3-540-92746-4_7,
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c. commercially imports EEE into Denmark. Source: Act no. 385 of May 2005 – act amending the Environmental Protection Act • “Place/put on the market” The Danish implementation of the WEEE Directive uses the term “place on the market” but does not define it. • “Historical” and “new” waste Historical waste: EEE marketed before 1 April 2006 New waste: EEE marketed after 1 April 2006 Source: www.weee-system.dk • Household (B2C) and non-household (B2B) products Art. 3 of the WEEE Order: “WEEE from private households” shall mean WEEE which comes from private households and waste from private and public institutions and enterprises where the type and the quantity of waste is similar to waste from private household. “WEEE from trade and industry” shall mean waste from EEE other than WEEE from private households.
C The National Scope of WEEE “Electrical and electronic equipment” or “EEE” shall mean equipment which is dependent on electrical currents or electromagnetic fields in order to work properly and equipment for the generation, transfer and measurement of such currents and fields falling under the categories set out in Annex 1 of the WEEE Order and designed for use with a voltage rating not exceeding 1,000 V for alternating current and 1,500 V for direct current. Source: Environmental Review: The WEEE Order, page 22: http://glwww.mst. dk/waste/WEEE_orientering_eng.pdf • Who is responsible for a correct categorization into the 10 WEEE categories and the national types of equipment? What are the criteria? It is primarily the producer’s or importer’s responsibility to check whether his products are covered by the national WEEE regulations. In cases of doubt, the producer/importer can contact WEEE System for more detailed advice: www.weee-system.dk • How to distinguish components and finished products? There is no reference to these terms in the Danish implementation of the WEEE Directive.
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• Do fixed installations fall within the scope of the national WEEE? The Danish interpretation of the term “fixed installation” is more specific than the definition of the EU Commission in its FAQ document and only applies to category 6 (large stationary industrial tools).
D National Timelines National timelines exist for. . . Registration: start and/or due date
Labelling Joining a Compliance Scheme (CS) Start of the take-back system
Start: 1 January 2006; registration has to be completed no later than 14 days before marketing is initiated 13 August 2005 Since July 2005 for category 5 and since April 2006 for all other categories. 1 April 2006
E The National Registration Body WEEE System Vesterbrogade 6D, 4. DK- 1780 København V E-mail:
[email protected] Office manager WEEE-System: Ulf Gilberg E-mail:
[email protected] Tel: +45 33 77 91 91 • Who is obliged to register? 1. Companies producing and marketing their EEE in Denmark. 2. Producers and importers importing EEE (B2C and B2B) which is to be marketed in Denmark. 3. Foreign companies exporting B2C EEE directly to Danish consumers, in accordance with Danish legislation 664/27/06/2005 § 5. A Danish company importing EEE for its own use is not obliged to register as long as it is the owner of the product and consequently the EEE is in a “closed circuit” within the company. But if the company decides to resell the EEE, registration with WEEE System will be required because the EEE is put on the Danish market (Source: WEEE System). Note: A collective scheme can carry out the registration on behalf of the producers and importers participating in the scheme. But the collective scheme must be registered with the WEEE System.
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Sellers or distributors offering EEE from an unregistered producer must register. • What are the prerequisites for registration? You need to be represented by a local legal entity in Denmark. However, distance sellers with a legal representation outside Denmark but inside Europe selling B2C EEE directly to customers in Denmark are obliged to register. • How can you register and in which language? Registration can be made online via the WEEE System’s web site and in Danish. • Fees for registration A registration fee of DKK 3,000 (EUR 405) per producer and per product category has to be paid. • National WEEE registration number No information available.
F Data Required for Registration • Company Data Name, address, VAT number and the central business register number (CVR) of the enterprise are required. • Product Data Types of equipment being placed on the market or about to be placed on the market are required as well as information about the logo or names the enterprise uses in its labelling. • Guarantee Data No specific reference is made to guarantee data in the application for registration. • Data on recycling partners/compliance schemes The company has to provide information on the method the producer uses for fulfilling his requirements, including whether this will be achieved individually or collectively.
G The Financial Guarantee A financial guarantee is required only for new B2C products: At least once a year and before an individual complier commences his marketing operations, he must provide a guarantee for new B2C WEEE. If the producer or importer is a member of a Compliance Scheme, this will count as a guarantee. For details concerning the financial guarantee please have a look at the following pdf file: http://www.weee-system.dk/files/Financial_guarantee_med_logo.pdf
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• Requirements for the financial guarantee Every producer himself calculates the amount of the financial guarantee for the entire current calendar year. • The guarantee amount is calculated as follows: The amount is set by the WEEE System. For calculating the amount of the financial guarantee, companies should report the following information to WEEE System: – volume of EEE for use in private households placed on the market in the previous calendar year (once a year). – volume of EEE for use in private households that is expected to be placed on the market in the following calendar year (once a year). – significant changes in the volume of EEE expected to be placed on the market (within 14 days) (Source: WEEE-System). • The following types of guarantees are available: The financial guarantee must be made as a “demand guarantee” to a credit institution.
H Foreign Producers • Are foreign companies not represented by a local legal entity regarded as “producers”? No. Exemption: European entities selling B2C products via distance selling directly to Danish households. • Can foreign companies not represented by a local legal entity register as “producers”? Yes, if they are distance sellers located inside Europe selling their B2C products directly to Danish households. Distance sellers must register through a Compliance Scheme. • Can foreign companies use the “agent model”? No, not available.
I Labelling Art. 20 of the WEEE Order: (1) Producers and importers shall label EEE produced in Denmark and imported after 13 August 2005. This labelling shall be in compliance with Annex 4 (see below).
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(2) Equipment shall be exempted from the labelling requirement in subsection (1) if the size or function of the equipment prohibits such labelling. In these cases, the pictogram shall be printed on the instructions, warranty certificate or packaging. (3) Notwithstanding subsection (1) 2nd clause and subsection (2), producers may label equipment following the DS/EN 50419 standard. (4) Producers and importers shall label EEE produced in Denmark or imported after 13 August 2005 with the name or logo of the enterprise, such that the producer or importer of the appliance or equipment may be clearly identified. Annex 4: The symbol indicating separate collection for EEE consists of the crossed-out wheeled bin [. . .]. The symbol shall be printed visibly, legibly and indelibly. The above labelling requirements are in line with the EU Directive.
J Reporting No later than 31 March each year (for the first time on 31 March 2007, covering the period 1 April 2006 to 31 March 2007), producers and importers report information to WEEE System on • volume of products marketed, distributed by product categories. • volume of WEEE for which the company has organised collection and special treatment. But note that producers and importers participating in a collective scheme can transfer reporting to the scheme. • How often do you need to report? Once a year. • How can you submit the reporting? The reporting can only be submitted online.
K The National Recycling Market Waste management in Denmark is regulated by the Danish EPA, but local authorities are responsible for collection and disposal of almost all types of waste. Producers of waste are obliged to follow local authority waste disposal directives and use local authority collection schemes. The producers’ responsibility concept – as used in case of WEEE – applies only to a few types of waste.
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• Existing Compliance Schemes are the following: Elretur (covers B2B and B2C waste in all 10 categories) Christiansborggade 1 DK-1558 København V Tel: +45 3336 9198 E-mail:
[email protected] Web site: www.elretur.dk LWF – Lyskildebranchens WEEE Forening (only available for category 5 (lightning equipment)) Pilestræde 58, 4. sal DK- 1112 Købehhavn K Tel: +45 4037 0705 E-mail:
[email protected] NERA – Nordic Electronic Recycling Association (handles B2B WEEE from all categories except category 5 (lightning equipment)) Stena Technoworld A/S Tel: +45 44 91 44 00 Fax: +45 44 91 44 65 E-mail:
[email protected] Web site: www.nera.dk • Do these Compliance Schemes also accept foreign producers as members, i.e. in relation with the “agent model”? Yes, if they are distance sellers with a local legal entity inside Europe.
L Where Can You Find Further Information? www.weee-system.dk (The National Registration Body) www.1weee-services.com (European Wide All Inclusive WEEE Service)
M Who Can Support You? 1WEEE Services GmbH Ms Christina Brandmann, Legal Counsel Schickardstr. 30, 71034 Boeblingen, Germany Tel: +49 (0)7031/43938-0, Fax: +49 (0)7031/43938-222 E-mail:
[email protected] Web site: www.1weee-services.com
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• Key activities 1WEEE Services offers consulting on waste-related legislations (such as WEEE, batteries and packaging) across Europe and North America as well as operational compliance services. • WEEE-related support they can offer 1WEEE Services supports companies from all over the world which sell electrical and electronic products. We accompany our clients along the whole range of takeback obligations and are able to provide them with either a full-service package or exactly those segments of the package they select as their tailored support. We offer the following: (a) Legal and business consulting and administration services, e.g. – Legal assessments – Proposals for cooperation with distribution partners – Registration with national authorities (b) Process management to help our customers, e.g. – – – – – –
Adapt their processes and IT for WEEE, battery and packaging services Select the appropriate supplier for logistics, take back and recycling Fulfil the reporting duties to clearing houses and recycling schemes Finance guarantees and future take-back obligations Select a trustee for guarantees Get a single contact for all customers’ concerns
Independent from any recycling company, 1WEEE Services can serve as an environmental pilot in the following: – – – – –
27 EU member states 50 US states 13 Canadian provinces and territories Norway and Switzerland Other neighbouring countries offering proactive consulting and smart compliance services.
Estonia
A The National WEEE Legislation The following list contains the legislation implementing the WEEE Directive: – The Waste Act from 1998 and its amendments in 2004, 2005, 2007-06-04 – Government of the Republic Regulation No. 376 of 24 December 2004 which entered into force on 1 January 2005 (EEE Labelling Regulation) – Regulation No. 9 of 9 February 2005 of the Minister for the Environment on requirements for handling waste from electrical and electronic equipment (WEEE Handling Regulation) which came into force on 20 February 2005. – The Regulation No. 28 of 30 January 2006 of the Government of Estonia on the establishment and administration of the state register regarding products of concern which came into force on 13 February 2006. • Which authority is responsible for the implementation of the directive into national law? The Ministry of the Environment is responsible for the implementation. Because in accordance with the Waste Act, the Ministry of the Environment has the competence to adopt legal acts regulating waste management, to monitor compliance with the prescribed requirements and to control their implementation.
B Critical Definitions • “Producer” According to section 23 of the Waste Act for the purposes of the Waste Act, “producer” means a person who Sorainen Law Offices Note: Underlined sections are not in line with the WEEE Directive and/or the FAQ Document of the European Commission (http://ec.europa.eu/environment/waste/pdf/faq_weee.pdf). However, this does not mean that the national law violates European law. The discrepancies are part of the range of applications given to the national authorities by the WEEE Directive.
E. Westkämper et al. (eds.), National Registration for Producers of Electronic Waste, C Springer-Verlag Berlin Heidelberg 2009 DOI 10.1007/978-3-540-92746-4_8,
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(i) manufactures and sells products under the person’s trade mark or trade name, regardless of the method of sale, including mail order sale and sale by electronic means; (ii) engages in the resale of products manufactured by others, regardless of the method of sale, including mail order sale and sale by electronic means; (iii) imports products into Estonia in order to market or resell them. The definition of “producer” as set forth in section 1(5) of the WEEE Handling Regulation differs slightly from the definition as set forth in the Waste Act. According to the WEEE Handling Regulation a "producer" means any person who (i) irrespective of the selling technique used, including by means of distance communication, manufactures and sells EEE under his own brand; (ii) resells under his own brand equipment produced by other suppliers; (iii) imports EEE on a professional basis into a member state of the European Union or exports them from the member state of the European Union. Producer is not a person who finances under or pursuant to any finance agreement unless the person also acts as a producer. The regulation also provides a definition of retailer. Retailer is a person who provides EEE on a commercial basis to the party who is going to use it. The definition of a producer in the WEEE Directive is slightly different from that contained in the Waste Act or the WEEE Handling Regulation. There are two notable respects: (1) The WEEE Directive provides expressly that the import has to be done into a member state of the European Union, whereas pursuant to section 23 sub-point (iii) of the Waste Act an import into Estonia is required. (2) The WEEE Directive provides expressly that a reseller, who resells under his own brand equipment produced by other suppliers, will not be regarded as the producer if the brand of the producer appears on the equipment as provided in sub-point (i) above. This is not implemented in the Estonian “producer” definitions. • “Place/put on the market” The Estonian WEEE legislation does not define the phrase “put on the market”. According to the Ministry of Environment, Estonia will follow the interpretation provided in the Blue Guide ("Blue Guide" means the Guide to the Implementation of Directives based on the New Approach and the Global Approach, European Commission, 2000). According to the Blue Guide, “placing on the market” is the initial action of making a product available for the first time on the Community Market, with a view to distribution or use in the community. Making available can be either for payment or free of charge.
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A product stored in a warehouse is not classified as put on the market. • “historical” and “new” waste In accordance with the Waste Act, “historical WEEE” is waste put on the national market until 13 August 2005, whereas “new WEEE” is waste from products put on the market after that day. • Household (B2C) and non-household (B2B) products The law differentiates between private household WEEE and non-private household WEEE without providing definitions for the two terms.
C National Scope of WEEE The definition of WEEE is generally consistent with the WEEE Directive: “Electrical and electronic equipment” means equipment which is dependent on electric currents or electromagnetic fields in order to work properly, and equipment for the generation, transfer and measurement of such currents and designed for use with a voltage rating not exceeding 1,000 V for alternating current and 1,500 V for direct current. • Who is responsible for a correct categorization into the 10 WEEE categories and the national types of equipment? What are the criteria? It is the producer’s responsibility to determine the categorization of his products into 10 WEEE categories and the national types of equipment. The producer fulfils this obligation at his own discretion and risk. There are no criteria or guidance notes regarding the categorization of the products. • The national types of equipment The national types of equipment are laid down in the Annex I of the EEE Labelling Regulation, which is identical to Annex IB of the WEEE Directive. • How to distinguish components and finished products? Estonian legislation defines neither components nor finished EEE products. • Do fixed installations fall within the scope of the national WEEE? Neither the Waste Act nor the EEE Labelling Regulation refers to Fixed Installations. There is only one type of equipment being a fixed installation exempted from the scope of the EEE Labelling Regulation: Large-Scale Stationary Industrial Tools.
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D National Timelines National timelines exist for. . . Registration: start and/or due date? Labelling Joining a Compliance Scheme (CS) Start of the take-back system Other deadlines
Due date: 20 February 2006; but ongoing, because by that deadline no company had registered Since 1 January 2005 Start date not available 13 August 2005 The thresholds for recycling WEEE will enter into force on 31 December 2008
E The National Registration Body On 13 February 2006 the Government of Estonia adopted Regulation no. 28 of 30 January 2006 on the establishment and administration of the state register (hereinafter Register) regarding products of concern including EEE. The Register is administered by the Information and Technical Centre of the Ministry of Environment which has the following address: Mustamäe tee 33, Tallinn, 10616 Tel: 673 7577 Fax: 656 4071 E-mail:
[email protected] • Who is obliged to register? All individually complying producers according to section 23 of the Waste Act have to register with the Environment Information Centre (EEIC) in Estonia. Members of collective schemes do not need to register separately. The Ministry of Environment has effectively “outsourced” the control functions of producers to collective systems. • What are the prerequisites for registration? You have to be commercially registered in Estonia. • How can you register and in which language? The producers are required to fill in a standard application form and submit additional information on the request of the Register such as (1) Accounting documents regarding the production, import, export and sale of EEE. (2) Documents regarding import, export and sale of EEE. (3) Documents regarding the receipt of waste and confirmation regarding its recycling or disposal. (4) Customs declarations on import and export of products of EEE accepted by customs.
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The application and other documents can be submitted in electronic form or on paper. They can be submitted in a foreign language but a translation into Estonian language can be requested by the respective authority. • Fees for registration There is no fee established for the registration of producers in the Register. • National WEEE registration number Producers do not receive a WEEE registration number.
F Data Required for Registration • Company Data Company name, legal address, company identification number, telephone, fax and e-mail address, what kind of brands the company represents. • Product Data The law requires the submission of information regarding the EEE put on the Estonian market and its amount (in tons). • Guarantee Data Upon registration, a guarantee is necessary in case the law requires a guarantee for particular types of products of concern, including EEE. To register producers must provide information about this guarantee and confirm that products do not contain restricted hazardous substances (according to RoHS Directive). • Data on recycling partners/compliance schemes There is no requirement to provide information on recycling partners or compliance schemes upon registration.
G The Financial Guarantee A guarantee is only required from producers of B2C and B2B EEE who comply individually. A membership of a compliance organisation will suffice as a financial guarantee. • The guarantee amount is calculated as follows: The law does not provide rules for calculating the amount of the guarantee. • The following types of guarantees are available: A guarantee may take the form of participation by the producer in appropriate schemes to finance the management of waste arising from products of concern, a recycling insurance or a blocked bank account.
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H Foreign Producers • Are foreign companies not represented by a local legal entity regarded as “producers”? No. • Can foreign producers not represented by a local legal entity register as “producers”? The Ministry has determined the following: If a producer is permanently located outside Estonia, he/she cannot register directly with the Register. These producers have two options: 1) to establish a branch or office in Estonia or 2) to become a member of an appropriate collective scheme. Therefore, foreign entities can register through a collective system. In this case the Estonian importer of their products is relieved of all obligations (unless he is also the retailer and as such has a take-back obligation). • Can foreign companies use the “agent model”? Not available.
I Labelling Pursuant to the EEE Labelling Regulation, producers and importers must mark the EEE they put on the market after 13 August 2005 with the following information addressed to users: • the crossed-out wheeled bin symbol in accordance with CENELEC Standard EN 50419:2005; • data identifying the producer. The marking requirement should be applicable to both Private Household WEEE and Non-Private Household WEEE, as EEE Labelling Regulation provides general applicability to EEE, without distinguishing between Private Household WEEE and Non-Private Household WEEE.
J Reporting There are periodic reporting obligations in Estonia. Producers must provide data on the amounts of EEE he/she manufactures, imports, exports and puts on the Estonian market.
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• How often do you need to report? Producers need to report their sales data on an annual basis.
K The National Recycling Market MTÜ EES-Ringlus was especially established by EEE producers to assist them in fulfilling obligations regarding WEEE provided by law. The market is not monopolistic and producers can decide in which way they will comply with legal requirements. The producer can collect his own waste without joining a collective scheme. WEEE legislation does not provide detailed guidelines regarding how a company may collect his own waste without joining a collective scheme. A solid legislative body has been adopted in Estonia which regulates the waste management processes. • Existing Compliance Schemes are the following: MTÜ EES-Ringlus Endla 3 10122 Tallinn Tel: 6 307 300 E-mail:
[email protected] Contact Person: Management Board Member Margus Vetsa Tel: 6 307 300, 50 66 100 E-mail:
[email protected] Web site: www.eesringlus.ee Elektroonikaromu MTÜ Web site: www.elektroonikaromu.ee • Do these compliance schemes also accept foreign producers as members, i.e. in relation with the “agent model”? MTÜ EES-Ringlus already has one Finnish member. Therefore, if a foreign company fulfils the criteria provided in articles of association of MTÜ EES-Ringlus, it can become a member of MTÜ EES-Ringlus.
L Where Can You Find Further Information? Ministry of Environment of Estonia: http://www.envir.ee/
M Who Can Support You? Mr. Konstantin Kotivnenko, Attorney-at-Law, Senior Associate SORAINEN LAW OFFICES
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Pärnu mnt. 15, 10141, Tallinn, Estonia Tel: +372 6400 900 Fax: +372 6 400 901 E-mail:
[email protected] • Key activities Sorainen Law Offices is one of the leading Baltic law firms, with more than 70 lawyers, including 9 partners, in its three offices, located in each of the Baltic capitals. Many lawyers of the firm are widely recognized experts in their areas of practice. Sorainen Law Offices Tallinn office provides legal services in the key areas of Estonian, EU and international business law. • WEEE-related support they can offer Legal consulting, support and assistance in dealing with local partners and national authorities. • Further information www.sorainen.com
Finland
A The National WEEE Legislation The WEEE and the RoHS Directives were both transposed into Finnish law by Act 452/2004 amending the Waste Act. In addition, the WEEE Directive was transposed by the Government Decree on Waste Electrical and Electronic Equipment (852/2004) and the RoHS Directive by the Government Decree on Restriction of the Use of Certain Hazardous Substances in Electrical and Electronic Equipment (853/2004). The amendments to the Waste Act and the decree transposing the WEEE Directive entered into force on 13 August 2005. The Decree transposing the RoHS Directive entered into force on 1 October 2004. The provisions of the decree will be applied to electrical and electronic equipment put on the market as from 1 July 2006. • Which authority is responsible for the implementation of the directive into national law? The Pirkanmaa Regional Environment Centre is Finland’s national authority for supervising producers and producer corporations, ensuring their compliance with legislation on producer responsibility for waste management (Waste Act section 36 paragraph 3).
B Critical Definitions • “Producer” According to section 3 paragraph 9 of the Government Decree on Waste Electrical and Electronic Equipment (852/2004), producer means any party which, irrespective
Castrén & Snellman Attorneys Ltd. Note: Underlined sections are not in line with the WEEE Directive and/or the FAQ Document of the European Commission (http://ec.europa.eu/environment/waste/pdf/faq_weee.pdf). However, this does not mean that the national law violates European law. The discrepancies are part of the range of applications given to the national authorities by the WEEE Directive.
E. Westkämper et al. (eds.), National Registration for Producers of Electronic Waste, C Springer-Verlag Berlin Heidelberg 2009 DOI 10.1007/978-3-540-92746-4_9,
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of the selling technique used, including distance selling (in accordance with Chapter 6(4) of the Consumer Protection Act 38/1978): (a) manufactures and sells electrical and electronic equipment under its own brand; (b) sells under its own brand equipment made by other producers; the seller is not, however, regarded as a producer if the brand of the producer referred to in subparagraph (a) appears on the equipment; (c) imports electrical and electronic equipment or exports such equipment on a professional basis to a member state of the European Community. Any party that exclusively provides financing under or pursuant to a finance agreement is not deemed a producer unless the same party also acts as a producer in the manner referred to in subparagraphs (a), (b) or (c). • “Place/put on the market” The Finnish legislation does not define “place on the market”. The Finnish authorities have, however, indicated that the phrase is interpreted with reference to the EU market and not to the national market. • “historical” and “new” waste The distinction between historical and new waste is not explicitly stated. However, the distinction is relevant in section 16 paragraph 1 of the Government Decree on Waste Electrical and Electronic Equipment (852/2004) which stipulates that EEE shall be subject to the producer responsibility provisions of the Waste Act after 13 August 2005. • Household (B2C) and non-household (B2B) products According to section 3 paragraph 11 of the Government Decree on Waste Electrical and Electronic Equipment (852/2004), B2C WEEE means WEEE which comes from private households as well as that from commercial, industrial, institutional and other sources which is comparable in nature and quantity to household appliances. Products which do not meet this criterion are B2B products. According to the Pirkanmaa Regional Environment Centre, a producer that has not joined a producer corporation has to prove the correctness of the classification.
C The National Scope of WEEE The Government Decree on Waste Electrical and Electronic Equipment (852/2004) applies to EEE that falls within the categories set out in Appendix 1 of this decree. http://www.ymparisto.fi/download.asp?contentid=35670&lan=en • Who is responsible for a correct categorization into the 10 WEEE categories and the national types of equipment? What are the criteria?
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The producers and producer corporations determine the categorization into the 10 WEEE categories. Should there be any problem as to the categorization in cases where, e.g. the same appliance has several functions, the issue may be reviewed together with the Pirkanmaa Regional Environment Centre. • The national types of equipment See Appendix 1 of the Government Decree on Waste Electrical and Electronic Equipment (852/2004). • How to distinguish components and finished products? The distinction between finished products and components is not defined in Finnish legislation. According to Pirkanmaa Regional Environment Centre finished products are end-of-use products, whereas components are products used in the manufacture of other products. For example, a sound card of a computer is regarded as a component if it is sold to a computer manufacturer to be used in the manufacture of computers. However, if the sound cards are sold in packages directly to consumers they are regarded as finished products. • Do fixed installations fall within the scope of the national WEEE? All fixed installations, with the exception of large-scale stationary industrial tools determined by WEEE category 6, fall within the scope of the national WEEE. • Other national exemptions and specifications: The scope of products in the Finnish Decree includes luminaires in households, whereas these have been expressly excluded from the scope of products in the WEEE Directive.
D National Timelines National timelines exist for. . . Registration: start and/or due date? Labelling Joining a Compliance Scheme (CS) Start of the take-back system
Due date: 15 May 2005 Due date: 13 August 2005 Due date: 15 May 2005 13 August 2005
E The National Registration Body Pirkanmaa Regional Environment Centre Visiting address: Rautatienkatu 21 B Postal address: P.O. BOX 297, 33101 Tampere, Finland
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Tel: + 358 20 490 104 Fax: + 358 20 490 4000 Project Manager Mr Teemu Virtanen,
[email protected] Senior Advisor Ms. Sirje Sten,
[email protected] A specific register will be set up for the province of Aland, which has its own government system, presumably during the year 2006. • Who is obliged to register? All producers and producer corporations (compliance schemes) must register. Producer corporations are organizations to which producers may join or with which they can make agreements in order to pool their responsibilities. A producer’s responsibility related to waste recovery may be legally transferred to such a corporation on the condition that their membership or agreement with the corporation is duly recorded in the producer data register kept by the Pirkanmaa Regional Environment Centre. Producer registration can be done either by himself with Pirkanmaa or by a producer corporation. • What are the prerequisites for registration? Producers and producer corporations must have a Finnish company registration code (Y-code). • How can you register and in which language? Registration requires sending a registration form together with the necessary enclosures to The Pirkanmaa Regional Environment Centre, P.O. Box 297, 33101 Tampere, Finland. According to the Pirkanmaa Regional Environment Centre, registering by other means is not accepted because an authentic signature is required. Registration forms are available in Finnish, Swedish and English. However, the registration must be done using the forms in Finnish or Swedish, the English version is for information only. English form: http://www.ymparisto.fi/download.asp?contentid=35590&lan=en Finnish form: http://www.ymparisto.fi/download.asp?contentid=24769&lan=fi Swedish form: http://www.ymparisto.fi/download.asp?contentid=24805&lan=sv • Fees for registration The Pirkanmaa Regional Environment Centre charges producers a registration fee of EUR 390 and producer corporations a registration fee of EUR 1400 for approved applications. This charge is based on legislation drawn up by the Finnish Ministry of the Environment (Decree 830/2004) concerning fees payable for the services provided by regional environment centres. There are no charges for any changes that subsequently need to be made to the details of a producer in the register.
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• National WEEE registration number There are no national registration numbers in use in Finland.
F Data Required for Registration • Company Data According to section 15 of the Government Decree on Waste Electrical and Electronic Equipment (852/2004), the company data required for registration are the following: (1) (2) (3) (4)
producer’s name or company name; contact and address details; name and position of contact person; business identity code.
• Product Data According to section 15 of the Government Decree on Waste Electrical and Electronic Equipment (852/2004), registration requires information on the products marketed by the producer and their market areas, the producer’s turnover and an estimate of the producer’s market share in terms of Euros and weight and by equipment or equipment group. • Guarantee Data Individual producers not belonging to a producer corporation must provide a guarantee for B2C products. According to section 15 of the Government Decree on Waste Electrical and Electronic Equipment (852/2004) registration requires details on the guarantee set by the producer. The requirements for information on the guarantee are not further specified in the registration form or its filling instructions. • Data on recycling partners/compliance schemes According to section 15 of the Government Decree on Waste Electrical and Electronic Equipment (852/2004), registration requires information on the waste management organized by the producer.
G The Financial Guarantee • Requirements for the financial guarantee The guarantee must be safe against insolvency. A trustee is not required. • The guarantee amount is calculated as follows: The guarantee required from an individual producer of B2C products is calculated by adding a basic sum consisting of the costs necessary to maintain a collection system and a variable sum consisting of the transport and processing costs which alter annually according to the quantity of products placed on the market.
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• The following types of guarantees are available: Guarantees that may be used are mainly blocked bank accounts. Section 18m paragraph 2 of the Waste Act also mentions recycling insurances but these have not yet been developed. There are no guarantee systems available.
H Foreign Producers • Are foreign companies not represented by a local legal entity regarded as “producers”? Foreign producers without local representation are not regarded as producers. According to the Pirkanmaa Regional Environment Centre the Finnish importer, sales office, subsidiary or other legal entity that places the products on the market on behalf of the foreign producer is regarded as the producer. Thus, if a foreign producer sells B2C products directly to a consumer, the foreign producer does not presently have any liability since there is no local legal entity used. • Can foreign companies not represented by a local legal entity register as “producers”? Foreign producers not represented by a local legal entity may not register as producers since registration requires a Finnish company registration code (Y-code). • Can foreign companies use the “agent model”? Foreign producers may not register as producers in any situation if they are not represented by a local legal entity with a Finnish company registration code. Foreign producers may, however, join registered producer corporations in certain situations on behalf of their distributor or end user.
I Labelling According to section 10 of the Government Decree on Waste Electrical and Electronic Equipment (852/2004), producers shall ensure that any electrical and electronic equipment that they put on the market after 13 August 2005 is labelled with (1) the mark for separate collection (crossed-out wheeled bin symbol). In special cases, where necessary because of the product’s size or function, the symbol can be marked on the packaging, instructions for use and warranty of the electrical and electronic equipment; (2) a mark that indicates the name of the equipment producer that brought the equipment to market in the European Community; (3) a statement indicating that it was put on the market after 13 August 2005. The labelling requirements are the same for both B2C and B2B products. It should be noted that, depending on the product, there are also general requirements for product labelling defined in Finnish commercial and consumer legislation.
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J Reporting Section 13 of the Government Decree on Waste Electrical and Electronic Equipment (852/2004) requires all producers or producer corporations to notify the Pirkanmaa Regional Environment Centre of the following information for the previous year, wherever possible by category: (1) the quantity in tons and, if possible, the number of items of new electrical and electronic equipment supplied to the domestic market; (2) an estimate of the accumulated tonnage of waste electrical and electronic equipment; (3) the quantity of collected waste electrical and electronic equipment and the quantity in tons and, if possible, the number of items of reused, separately recycled and otherwise recovered waste equipment; (4) exports of collected waste electrical and electronic equipment in tons and, if possible, the number of items; (5) changes that have occurred in the guarantee arrangements and amount of the guarantee. Producers engaged in distance selling must submit information on the quantity in tons and, if possible, the number of items of new electrical and electronic equipment supplied to a European Community member state market and information on how the producer is to meet the obligation to organize financing for the management of waste electrical and electronic equipment for households in the European Community member state to which the equipment is supplied. • How often do you need to report? Monitoring information must be provided annually by 30 April. • How can you submit the reporting? There are forms available for the reporting in Finnish and in Swedish. The forms must be posted to the Pirkanmaa Regional Environment Centre. Reporting online is being developed and might be possible in the next few months. The fees for annual reporting are EUR 110 for a producer and EUR 390 for a producer corporation.
K The National Recycling Market Most electrical and electronic equipment producers have joined producer corporations. The obligations required for individual producers of B2C products (e.g. guarantee requirement) are so strict that in practice there is often no way to satisfy them. For B2B producers, however, fulfilling responsibilities without joining a producer corporation is conceivable.
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• Existing Compliance Schemes are the following: Producer corporations in Finland are listed below with contact details, if available: Producer Organizations Within the Elker Group ELKER Oy (umbrella organization and service provider) Web site: www.elker.fi Address: Särkiniementie 3, 00210 Helsinki Managing Director Mr. Veikko Hintsanen, Tel: +358 50 4088956, E-mail:
[email protected] SELT (Electrical and electronic equipment producer organisation) Address: Särkiniementie 3, 00210 Helsinki Representative Ms. Tarja Hailikari, Tel: +358 9 6963 722, E-mail:
[email protected] ICT Tuottajaosuuskunta (producers’ cooperative) Web site: www.ict-tuottajaosuuskunta.fi Address: Särkiniementie 3, 00210 Helsinki Representative Mr. Klaus Katara, Tel: +358 9 6824 1311, E-mail:
[email protected] Finnish Lamp Importers and Producers (FLIP) Web site: www.flip.fi Chairman Mr. Markku Nikki, Tel: +358 400 445 623, E-mail:
[email protected] SERTY Oy (WEEE Producer Community) Web site: www.serty.fi Managing Director Mr. Timo Valkonen, Tel: +358 9 2705 2840,
[email protected] NERA (Nordic Electronic Recycling Association) Web site: www.nera.fi E-mail:
[email protected] • Do these compliance schemes also accept foreign producers as members, i.e. in connection with the “agent model”? If a Finnish company orders electrical and electronic equipment for its own end use directly from a foreign producer without using a Finnish importer, sales office, subsidiary or other local entity, the foreign producer may register in a producer corporation and assume liability for the B2B product on behalf of the Finnish enduser company.
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L Where Can You Find Further Information? The Ministry of Environment and the Pirkanmaa Regional Environment Centre http://www.environment.fi/default.asp?contentid=162550&lan=EN. Also see the homepages of producer corporations referred to above.
M Who Can Support You? Castrén & Snellman Attorneys Ltd. Partner Uwe Uusitalo P.O. Box 233 (Erottajankatu 5 A) FI-00131 Helsinki FINLAND Tel: + 358 9 228 581 Fax: + 358 9 601 961, 655 919 E-mail:
[email protected] • Key activities Castrén & Snellman Attorneys Ltd. is a true full-service business law firm that provides the highest quality legal expertise and solutions to support all of our clients’ successful business ventures. The continuity of our unique traditions (since 1888) distinguishes Castrén & Snellman from other Finnish law firms. Our full service concept, with 15 primary areas of expertise, allows us to provide in-depth specialization in all relevant areas of business law. Our environment and real estate group offers the unique combination of the highest quality environmental and real estate law expertise together with a deep understanding of corporate needs and concerns. Our IP and technology group advises clients on all areas of intellectual property, information technology and communications. We have recognized expertise in WEEE and RoHS issues. Partner Uwe Uusitalo has been president and lawyers Elina Lampi-Fagerholm and Arto Linnervuo are lecturers in seminars concerning the effects of the directives on the business activities of producers, subcontractors and distributors of electrical and electronic equipment. • WEEE-related support they can offer We provide legal counsel in all areas relating to the WEEE and RoHS Directives. We support producers of electrical and electronic equipment in making a life cycle approach a competitive advantage. • Further information www.castren.fi
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France
A The National WEEE Legislation The WEEE and the RoHS Directives were both transposed into French law by – the rectifying Finance Law no 2005-1720 of 30 December 2005 (Article 87) which introduced the Article L. 541-10-1 into the French Environmental Code and came into force on 1 January 2006. – the Decree no 2005-829 of 20 July 2005 relating to the composition of electrical and electronic equipment (EEE) and to the elimination of waste from this equipment which came into force on July 2005. It is completed by a number of ministerial orders: – Order of 22 September 2006: created the coordinating organisation OCAD3E in application of Article 9 of the decree no 2005-829; – Four orders of 9 August 2006: created the organisations “Récylum SAS”, “Ecosystèmes SAS”, “ERP SAS” and “Ecologic SAS” in application of Article 14 of the decree no ◦ 2005-829; – Order of 13 July 2006: application of Article 2 of the decree no 2005-829; – Order of 13 March 2006: application of Article 23 of the decree no 2005-829; – Order of 6 December 2005 : application of Articles 9, 10, 14, 15 of the decree no 2005-829; – Order of 23 November 2005: application of Article 19 of the decree no 2005-829; – Order of 23 November 2005: application of Article 21 of the decree no 2005-829; – Order of 25 November 2005 modified by Order of 6 July 2006: application of Article 4 of the decree no 2005-829.
SELAR ADAMAS Affairs Publiques
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• Which authority is responsible for the implementation of the directive into national law? The Prime Minister, the Minister without Portfolio, the Minister of the Interior and Town and Country Planning, the Minister for Economy, Finances and Industry, the Minister of Justice, and the Minister for Ecology and Sustainable Development are responsible, each to the extent of his or her responsibility, for the application of the decree no 2005-829 of 20 July 2005.
B Critical Definitions • “Producer” According to the Decree no 2005-829 of 20 July 2005 (art 3), a producer is considered to be any person who manufactures, imports or introduces onto the domestic market for commercial purposes electrical and electronic equipment, unless this equipment is sold under the single trademark of a retailer. In this case, the retailer is considered as the producer. Legal entities selling household equipments from abroad by means of distance communication directly to French households are considered as producers by extension. • “Place/put on the market” There is no specific definition of the expression “to place on the market” in the French decree. • “Historical” and “new” waste “Historical waste” is waste put on the market before 13 August 2005, but collected after 13 August 2005. “New waste” is waste put on the market after 13 August 2005 (Art. 6 of the decree no 2005-829 of 20July 2005). • Household (B2C) and non-household (B2B) products According to the French decree no 2005-829 of 20 July 2005, household waste (B2C) and commercial waste ( B2B) are distinguished as follows: – Household EEE waste (B2C): waste from electrical and electronic equipment (WEEE) originating from households as well as equipment which, although used for commercial purposes or for the needs of associations, is similar to that of households due to its nature and the distribution networks through which it is supplied. – Commercial EEE waste (B2B): other WEEE.
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C The National Scope of WEEE The Decree no 2005-829 of 20 July 2005 (art 1) applies to EEE and to waste which results from it, including all the components, sub-assemblies and consumables forming an integral part of the product when it is scrapped. EEE is considered to be equipment operating using electrical currents or electromagnetic fields, as well as equipment for the production, transfer and measurement of these currents and fields, designed to be used at a voltage not exceeding 1,000 V in alternating current and 1,500 V in direct current and which falls within the categories set out in Appendix 1 of this decree. The 10 WEEE categories are the same as in the WEEE Directive. • Who is responsible for a correct categorisation into the 10 WEEE categories and the national types of equipment? What are the criteria? The producer himself is responsible for the categorisation. The results are then checked by the ADEME Register. • The national types of equipment The following web site contains an indicative list of EEE considered as EEE in the sense of Article 2 of the decree no 2005-829. Thus, this list exemplifies what equipment could fall under one of the 10 categories: http://www.legifrance. gouv.fr/WAspad/UnTexteDeJorf?numjo=DEVP0540369V • How to distinguish components and finished products? The French WEEE Decree does not refer to these terms. • Do fixed installations fall within the scope of the national WEEE? Fixed installations are not expressly excluded from the scope of the decree. According to the notification of the Ministry for Ecology and Sustainable Development, the only fixed installations being excluded from the national scope of WEEE are large-scale stationary industrial tools.
D National Timelines National timelines exist for. . . Registration: start and/or due date?
Labelling Joining a Compliance Scheme (CS) Start of the take-back system Other deadlines: Launch of the WEEE collection system in France for household waste
Between 1 September 2006 and 30 November 2006, for producers marketing EEE in 2006. Following declaration campaign opened on 1 January 2007 and ended on 1 March 2007 Due date: 13 August 2005 Not applicable 23 July 2005 15 November 2006
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E The National Registration Body ADEME: “Agence de l’environnement et de la maîtrise de l’énergie” Centre de Paris 27 rue Louis Vicat 75737 PARIS Cedex 15 Tél: 01 47 65 20 00 Fax: 01 46 45 52 36 Sarah MARTIN et Laëtitia GHANDER – Direction Déchets et Sols – Département Prévention Recyclage et Organisation des Filières.
[email protected] Register hotline at the following Indigo phone number (available from France only): 08.26.10.40.11 only for problems related to the use of the web-based register. • Who is obliged to register? – Producers or professional importers based in France; – French professional end users that buy B2B EEE for own use from outside of France; – All persons who are considered as producers according to the decree (Art. 3). Collective systems can register on behalf of their members. • What are the prerequisites for registration? When signing in, the producer must have a legal representation in France and a local identification number (numéro SIREN). Exempted are B2C distance sellers. • How can you register and in which language? Producers must register online (https://registredeee.ademe.fr). If they need help to sign in or navigate on the web site, they can e-mail to
[email protected] In case of difficulties with electronic transmission, producers may ask ADEME to replace their e-declaration by a written one. Such demands must be justified and addressed to ADEME – Registre DEEE. Address: Département Prévention, Recyclage et Organisation des Filières 2, square La Fayette – BP 90406 49004 ANGERS CEDEX 01 France A producer can only sign in once. Signing in can be done – either by the producer himself, whether he is a member of a collective scheme or not; – or by a collective scheme on behalf of the producer.
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Three situations are possible: – If the producer is not a member of any collective scheme, he has to sign in by himself. – If the producer is a member of only one collective scheme, he can ask this collective scheme to sign in on his behalf. – If the producer is a member of several collective schemes, he can ask one – and only one – collective scheme to sign in on his behalf. Note: If several collective schemes try to sign in on behalf of the same producer, only the first one will manage to do it; signing in will be impossible for the others because the producer will already exist in the register database. In order to register, it could be useful to consult the guide published by ADEME on 5 September 2005 helping EEE producers in their registration. User manual for registration: https://registredeee.ademe.fr/anonyme/deee/html/documentations/guide_v11.pdf https://registredeee.ademe.fr/anonyme/deee/html/documentations/guide_v11_en.pdf (English version) It is possible to register in French or in English (https://registredeee.ademe.fr/ anonyme/deee/html/gestPartenaire/inscriptionProducteur.php?aidefonctid=24). • Fees for registration Producers do not pay any fees for registration. • National WEEE registration number Once ADEME has validated a producer’s “sign in” form, he/she will receive an e-mail in French, informing him of his/her login and password. An electronic certificate is attached to the e-mail, enabling the producer to access the register through a secure connection.
F Data Required for Registration • Company Data Data related to the producer: – – – – – –
Corporate name Acronym Address Postal code Town Country
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– – – –
SIREN (or SIRET) code Telephone Fax Web site Data related to the person defined as key contact person for this producer:
– – – – – – – –
Title Last name First name Address Postal code Town Telephone E-mail address
• Product Data A producer must register the different types of equipment he/she produces. Equipment types are defined by the following six pieces of information: 1. The SH4 code of the equipment, defined by the harmonised system nomenclature (the first four digits of the equipment custom code) 2. The category of the equipment (10 categories below) 3. The producer status: must be chosen from the five forms of status defined above (manufacturer selling under his own brand, importer, introducer, reseller under his own brand, seller of household equipment by means of distance communication) 4. The equipment status (household or professional) 5. The organisation structure: The producer must declare the organisational arrangements for WEEE collection and treatment (see below “recycling data or information on compliance schemes”) 6. The expiry date of the whole set of data defining a type of equipment (data 1 to 5) • Guarantee Data No guarantee data are required for registration, except for the financial guarantee mentioned below. • Data on recycling partners/compliance schemes To be registered, the producer must declare the organisational arrangements for WEEE collection and treatment. This organisation is defined by two pieces of information: – the organisation type: must be chosen among two or three types, according to the equipment status:
H Foreign Producers
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Equipment status
Organisation type
Household WEEE
Collective scheme Individual scheme∗ Collective scheme Individual scheme Management by user
Professional WEEE
– if the organisation type is “collective scheme”, the name of this scheme: On 1 September 2006, there is no approved collective scheme for professional WEEE collection, and there are four approved collective schemes for household WEEE collection.
G The Financial Guarantee A financial guarantee is required only for B2C products and only if the producer has not fulfilled his obligations in advance in the form of quarterly payments to an approved organisation (Art. 16 of the decree no 2005-829). • Requirements for the financial guarantee In the case mentioned above, producers need to provide a guarantee stating that the financing of the obligations which are incumbent upon them for the current year is assured. Producers must provide a credit institution or insurance company certificate which indicates the maximum guaranteed amount, methods and conditions of payment in case of bankruptcy of the applicant(Art. 5, last subparagraph – order dated 6 December 2005). • The guarantee amount is calculated as follows: The guarantee amount is not determined yet. It must correspond to the contribution amount. • The following types of guarantees are available: According to Article 16 of the decree no 2005-829, the guarantee may take the form of – a blocked bank account – an insurance policy – a deposit provided through a credit institution or an insurance company
H Foreign Producers • Are foreign companies not represented by a local legal entity regarded as “producers”? Foreign producers are not “producers” under the WEEE Decree and cannot register [see ADEME guidance].
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Only foreign distance sellers selling household equipment directly to French private households are considered as producers by extension. • Can foreign companies not represented by a local legal entity register as “producers”? Seller of household equipment by means of distance communication can register as producers. Other foreign producers need to be represented by a local legal entity. • Can foreign companies use the “agent model”? At the moment, a regulation concerning the agent model does not exist.
I Labelling Products must be labelled, covering the following details for household WEEE: (1) Identity of producer (brand name, trademark, registration number, etc.) (2) Symbol of crossed-out wheelie bin (3) Statement that the equipment was first put on the market after 13 August 2005 (this may be indicated by a black bar underneath the wheeled bin)
J Reporting After the registration, a producer has to declare at regular intervals the quantities (units and tonnages) put on the market, and the tonnages collected and treated, in line with the following criteria: type of equipment, collection stream, nature of the collection point, collection “department”, type of treatment, country where treatment plant is located. Applicant provides information to ADEME. • How often do you need to report? The declaration should be made on a semi-yearly or yearly basis according to the type of declaration: – Declaration of quantities put on the French market: every 6 months – Declaration of collection: every 6 months or every year – Declaration of treatment: every year • How can you submit the reporting? The reporting can be submitted – either by the producer himself, whether he is a member of a collective scheme or not – or by a collective scheme on behalf of the producer
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K The National Recycling Market There are two different WEEE collection and treatment channels in France: The household WEEE channel and the professional WEEE channel. Both of them are divided into collective and individual schemes. On 1 September 2006, four collective schemes have been approved for household and professional WEEE. An approved individual scheme for the collection and treatment of household or professional WEEE does not exist at this date. • Existing Compliance Schemes are the following: As B2C Compliance Schemes, four companies have been officially approved by four orders of 9 August 2005 : (1) ERP (European Recycling Platform) http://www.erp-recycling.org/ 188.html Contact: 08 10 13 08 05 (number only available from France) (2) RECYLUM (lamps only) http://www.recylum.com/ Contact: M. Hervé GRIMAUD Tél: +331 56 28 95 93 E-mail:
[email protected] (3) ECO SYSTEMES http://www.eco-systemes.fr/ Contact: Mme Dominique MIGNON Tél: 08 25 886 879 (number only available from France) Tél: +331 45 05 15 85 (4) ECOLOGIC Contacts: Tél: 08 25 825 732 (number only available from France) E-mail:
[email protected] M. Bertrand REYGNER Tél: +331 44 51 14 60 E-mail:
[email protected] M. Alexandre AVAKIAN E-mail:
[email protected] • Do these Compliance Schemes also accept foreign producers as members, i.e. in connection with the “agent model”? ERP may accept foreign producers as members, but only if these producers are established in – Germany – Spain – Ireland
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France
Austria Portugal Italy UK Poland
Contact: Ms Saouli Tel: +33 27 770 538 E-mail:
[email protected] Other Compliance Schemes ask foreign producers (importers or introducers) to have a legal representation in France.
L Where Can You Find Further Information? http://www2.ademe.fr/servlet/KBaseShow?sort=-1&cid=96&m=3&catid=14693 (French agency for Environment and Energy Management) http://www.ecologie.gouv.fr/article.php3?id_article=3215 (French Ministry for ecology and the sustainable development) http://www.ecologie.gouv.fr/IMG/pdf/Decret_050720_DEEE_EN.pdf (the French decree no 2005-829 of 20 July 2005 in English) http://www.legifrance.com (the official site on French legislation, where all the ministerial orders could be found, in French only) http://www.1weee-services.eu/ (European Wide All Inclusive WEEE Service)
M Who Can Support You? Carl Enckell, Avocat, in collaboration with Anna Koshurnikova, jurist SELARL ADAMAS Affaires Publiques 55, Boulevard des Brotteaux – 69006 Lyon, France Tél : +334 72 41 15 75 Fax: +334 72 41 15 69 E-mail:
[email protected] Web site: www.adamas-lawfirm.com in cooperation with Jean-Gabriel Recq, Rechtsanwalt/Avocat DIEM & PARTNER, Rechtsanwälte GbR Hölderlinplatz 5, 70193 Stuttgart, Deutschland Tel: +49-711-2285450 Fax: +49-711-2265570 E-mail:
[email protected] Web site: www.diempartner.com
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• Key activities Environment: Integration of environmental and health regulations in the management of industrial sites and utilities (cleanliness, water and energy); rehabilitation and acquisition of sites contaminated by industry or mining; consulting, support and research activities in the field of the WEEE, RoHS and EuP directives. Asian Deals By Public Law Practice: Made in collaboration with ADAMAS’s Asia Group. Public Business Law, Public Procurement and Utilities Delegation: Assistance in the procedure, drafting and audit of procurement contracts; utilities and civil services delegation; contracts for occupancy in the private and public sectors; relations between co-contractors; renegotiations. Assistance in setting up companies: Regulations for public national and European grants; assistance to communities in negotiating and formalizing agreements to set up companies; charters for setting up; analysis of the legal and fiscal repercussions. Partnerships of public and private entities: Design and setting in motion of complex legal arrangements between the public sector and private enterprise; subsidiary and competition poles; drafting of framework agreements and objectives; setting up of pole structures; arbitration clauses. Urban Planning, Development and Real Estate: Land use advice and litigation; urban planning; advisory services for inter-district bodies; real estate and property law matters. Public Finance and Tax, Local Government, Satellite structures for public communities, Public-Sector Liability, Public-Sector Crime. • WEEE-related support they can offer Support in WEEE and RoHS implementation, Design for Environment, Design for Lifecycle • Further information www.ipa.fhg.de www.krug-und-petersen.de www.diempartner.com www.adamas-lawfirm.com
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Germany
A The National WEEE Legislation The WEEE and the RoHS Directives were both implemented into German law by the “Elektro- und Elektronikgerätegesetz” (referred to as the ElektroG hereafter) which came into force on 24 March 2005. • Which authority is responsible for the implementation of the directive into national law? The German Ministry of Environment.
B Critical Definitions • “Producer” According to Section 3 (11) of the ElektroG, “producer” means any person or legal entity, irrespective of the selling technique used, including by means of distance communication within the meaning of Section 312b (2) of the German Civil Code (BGB), who 1. manufactures and places electrical and electronic equipment under an own brand on the market for the first time in Germany; 2. resells under an own brand in Germany equipment produced by other suppliers, a reseller not being regarded as the “producer” if the brand of the producer appears on the equipment, as provided for in No. 1; 3. imports for the first time electrical and electronic equipment into Germany and places it on the market or exports it to another EU member state and provides it directly to a user in that country (so-called distance communication).
1WEEE Services GmbH Note: Underlined sections are not in line with the WEEE Directive and/or the FAQ Document of the European Commission (http://ec.europa.eu/environment/waste/pdf/faq_weee.pdf). However, this does not mean that the national law violates European law. The discrepancies are part of the range of applications given to the national authorities by the WEEE Directive.
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Any distributor who knowingly sells new electrical and electronic equipment from a non-registered producer is also deemed a “producer” according to Section 3 (12) 2 of the ElektroG. • “Place/put on the market” A producer is someone who places his products on the national market. But this requirement is not defined in the ElektroG and also not adopted from the WEEE Directive. However, according to the FAQ of the German Producer Register EAR (http://www.stiftung-ear.de/faq/in_verkehr_bringen_erstmals/index_ger. html#fragen161), the ElektroG uses the term “place on the market” in the same way as described in the EU Commission’s Blue Guide to the implementation of directives based on the New Approach and the Global Approach: A product is placed on the market if it is made available for the first time. “Making available” means to transfer a product, i.e. either to transfer the ownership of the equipment or to physically hand over the equipment by the manufacturer, his authorized representative in the territory covered by the ElektroG, or the importer to the person responsible for distributing the equipment in the territory covered by the ElektroG or the transfer to the final consumer or user for payment or free of charge. This transfer can be based on any type of legal instrument (sale, loan, hire, leasing, gift or any other type of commercial legal instrument). Placing on the market is considered not to take place if • a product is transferred to a manufacturer for further measures; • a product is manufactured for export to a third country which is not a member of the European Union; • a product is in a warehouse of the manufacturer or his authorized representative; • a product is manufactured or imported on behalf of a third party, and exclusively labelled with the trade mark of and handed over to the third party for further transfer (so-called OEM products). In this case, the third party is deemed to be the producer. • “Historical” and “new” waste Historical waste is waste from products put on the German market before 23 November 2005 according to § 24 ElektroG. (Please note that this date differs from the EU WEEE Directive.) New Waste is waste from products put on the German market after that day. • Household (B2C) and non-household (B2B) products B2C products are products which can be used in private households (§ 6 para. 3 sentence 1 of ElektroG). “Private households according to the ElektroG are private households as well as other sources of EEE, as far as the nature and quantity of EEE coming from these sources is comparable with these in private households” (§ 3 Abs. 4 ElektroG). This also means that businesses, offices, authorities, schools, etc. are comparable to private end-users if there is a possibility that the products used in these places can also be purchased and used by private end-users. Products for which this is appli-
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The National Scope of WEEE
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cable have to be included in the calculation of the financial guarantee. EEE from these sources can be returned to public collection points if the quantity is similar to private households. B2C products which are used by commercial customers and which are not equal to private households will be categorized as B2C products if the producer cannot clearly demonstrate the B2B characteristics of the product. Such products are called “dual use” products. B2B products are products which can exclusively be used in a commercial way, i.e. due to their purpose, special requirements such as licenses for use, a special environment in which they must be used, staff who must be specifically trained in order to use them, or due to their size, weight or other characteristics which do not allow their usage in private areas or which at least minimize the probability thereof. The producer has to prove the correctness of a B2B classification to EAR.
C The National Scope of WEEE The following steps are based on the “Guide on the Scope of the ElektroG” and are meant to help determine what equipment falls within the scope of the law: Question 1: Is the equipment dependent on electrical currents or electromagnetic fields in order to work properly or does it serve generation, transfer and measurement of such currents and fields? (Section 3 (1) of ElektroG). Question 2: Is the equipment designed for use with a voltage rating not exceeding 1,000 V for alternating current and 1,500 V for direct current? (Section 3 (1) 2 of ElektroG). Question 3: Does the equipment fall under one of the 10 categories? (Section 2 (1) 1 of ElektroG). Question 4: Is the equipment expressively excluded from Annex I of the ElektroG? (Annex I of ElektroG). Question 5: Is the equipment part of equipment that does not fall within the scope of the act? (Section 2 (1) 1of ElektroG). Question 6: Does the equipment serve key security interests of the Federal Republic of Germany or is it solely intended for military purposes? (Section 2 (2) 1 of ElektroG). Question 7: Do any other legal provisions stipulate special requirements for the return, reuse or disposal of WEEE or for the use of specific substances contained in EEE? (Section 2 (3) 3 of ElektroG).
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• Who is responsible for the correct categorization into the 10 WEEE categories and the national types of equipment? Which are the criteria? The producer determines the categorization into the 10 WEEE categories on his own. The results are checked by the Stiftung EAR. The categorization criteria can be found within the regulation framework of the Stiftung EAR: www.stiftung-ear.de • The national types of equipment The subcategories are called “types of equipment” (ToE). They differentiate different product types and B2C/B2B products within one category. The current ToE can be found in the so-called “Regelbuch” on www.stiftung-ear.de • How to distinguish components and finished products? All products not serving an independent function fall outside the scope of the ElektroG (such as diodes, transistors), whereas products with an independent function (and among them internal disk drives and modem cards, etc.) are covered by the law. Furthermore, it is currently under discussion if components integrated in an EEE shall be generally excluded from the scope of the ElektroG. A decision is expected within the next few weeks. • Do fixed installations fall within the scope of the national WEEE? Generally yes; only large-scale stationary industrial tools falling under category 6 do not fall under the scope of the ElektroG.
D National Timelines National timelines exist for. . . Registration: start and/or due date? Due date: 23 November 2005 For new producers: registration required before putting EEE on the market Labelling Mandatory for all EEE put on the market after 23 March 2006 Joining a Compliance Scheme Not applicable (CS) Start of the take-back system 23 March 2006 Other deadlines Monthly input reporting for B2C: until the 15th of each month for the previous month (input = amount/weight put on the market) Yearly input reporting for B2B: until 30 April for the previous calendar year (output = amount/weight collected) Yearly output reporting: until 30 April for the previous calendar year (for details please see EAR’s FAQ for “Mengenmeldungen”: http://www.stiftung-ear.de/ stiftung_ear/fragen_und_antworten/
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E The National Registration Body Stiftung Elektro-Altgeräte Register Benno-Strauß-Straße 5 90763 Fürth Tel: +49 911 76 66 50 Fax: +49 911 76 66 599 E-mail:
[email protected] Preferred communication: e-mail, fax • Who is obliged to register? All producers and importers of EEE who are initially putting these products on the German market. • What are the prerequisites for registration? From a technical perspective, it is necessary to download a JAVA plugin provided on the EAR web site http://www.stiftung-ear.de/hersteller/kostenpflichtige_ registrierung/ in order to enter the EAR system for registration. • How can you register and in which language? Registration can be done exclusively online (www.stiftung-ear.de) and in German language. • Fees for registration EAR also charges fees for registration according to the cost ordinance. The amount depends on the number of brands and types of equipment, on equipment classified as B2C (approval of financial guarantee) or B2B (approval of B2B justification), etc. The cost ordinance can also be downloaded in English language from the EAR web site. • National WEEE registration number Having approved the registration application, EAR issues a WEEE registration number starting with the country code “DE” followed by eight digits, e.g. DE12345678. According to § 6 No. 2 Sentence 4, producers shall state their registration number in all business transactions. According to the EAR web site, at least the following documents have to show the registration number: • Quotes/proposals (also digital ones) • Order confirmations • Invoices
F Data Required for Registration The following tables offer an overview of data required for WEEE registration with EAR:
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Producer
Germany
Authorised legal Key contact person representative
Company name Company name 2 Company name 3 Street Street number Country ZIP code City State Phone Fax E-mail Web site
Form of address Last name First name (Academic) Title Street number Country ZIP code City Phone Fax Mobile E-mail Decision on language
Beginning of financial year End of financial year
Password
Form of address Last name First name (Academic) Title Street number Country ZIP code City Phone Fax Mobile E-mail
Invoice address
Banking details
Company name Company name 2 Company name 3 Street Street number Country ZIP code City State Phone Fax E-mail Decision on communication channels (e-mail or fax)
Method of payment Bank code (BLZ) Bank name Street Street number Country (=Germany) ZIP code City Account number Account holder
Decision on communication channels (e-mail or fax)
VAT number Tax payer’s ID
Security provider of financial guarantee
Trustee of financial Waste management guarantee company
Product registration
Financial guarantee
Cost centre
Determination of a Name guarantee password
Company name
Start of first registration period (month) End of first registration period (month) Sales forecast for registration period (“RG-Menge”) Quantity put on the market in the current financial year Quantity put on the market in the previous financial year Number of months of the previous financial year Selection of producer identification on the product
Duration of guarantee Street contract
Street
Day of guarantee certification Contract number
Street number
Street number
Country
Country
ZIP code
ZIP code
City
City
Phone
State
Fax
Phone
Mobile E-mail
Fax E-mail
Total volume of guarantee in Euro
Address of contracted waste management company Selection of waste management model
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• Company data Key contact person – receives all communication from EAR in German language. Authorised legal representative – should be entitled to represent the producer and to sign agreements (no external representative). Invoice address – invoices for EAR fees will be sent to this address (e-mail or fax). Bank details – EAR fees will be automatically debited from this account; this account must be with a German bank; producer has to ensure that EAR fees can be debited from this account. • Product data Product data has to be submitted per type of equipment and per brand. The quantities need to be submitted in weight, for some types of equipment also in units. The weight shall be determined as defined by EAR for each category (please see the “Regelbuch”: http://www.stiftung-ear.de/regelsetzung/regelbuch/). The registration period can be determined by the producer, but can take a maximum of 12 months. The start of the registration period should be the month when the producer initially intends to put EEE on the market. Registration is only possible for the current month, not in the retrospective. At the end of each registration period, the producer has to update the registration for each type of equipment and brand for another registration period. This procedure enables producers to adapt the yearly update of the registration, i.e. to the company’s financial year, which might facilitate getting the requested sales forecast figures. Producer identification on the product can, for example, be in the form of a registered trademark or the registration number. The indication of a cost centre is not mandatory. • Guarantee data The total volume of the guarantee in EURO (“Gesamtvolumen in EUR”) should cover the financial guarantee for all B2C types of equipment and all brands. The above-mentioned data are mainly required when setting up an individual guarantee in the EAR system. For collective guarantees, the selected guarantee provider will predefine the majority of the required information. For more details, please refer to the next section on financial guarantee. • Data on recycling partners/compliance schemes Most producers do not take care of the take-back and recycling themselves. Therefore, they need to commission a waste management company. By submitting the contact information of this waste management company to the EAR system, it will be notified directly by EAR in addition to notifying the producer in case of a pick-up order. This enables the company to react immediately and collect the respective container within 4 days after receiving a pick-up request.
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G The Financial Guarantee A financial guarantee is required for all B2C products that are put on the market after 23 November 2005 in the event of insolvency (see Article 6 no. 3 ElektroG). This ensures that costs for take-back and recycling are already covered when the product is put on the market. With this, the producer also takes on the responsibility for his products at the end-of-life stage. As there are no compliance schemes as such in Germany, a financial guarantee is required irrespective of which waste management company the producer has contracted. A guarantee has to be provided to EAR during the registration process at least once per year according to the selected registration period(s). • Requirements for the financial guarantee The guarantee must be safe against insolvency. This means that the guarantee volume must be separated from the producer’s assets, so that the trustee also has access in case of the producer’s insolvency. The following parties participate in the guarantee process: 1. The producer of B2C products is obliged to provide a financial guarantee. 2. The security provider (bank, insurance company, etc.) offers the guarantee to the producer. He has to be located in Germany if the assets are not held in Germany. 3. A trustee has to be determined by the producer as beneficiary. He has to be located in Germany. The financial guarantee will be set up in the name of the trustee. In case of default, the trustee takes over all operative and financial obligations. 4. EAR approves the financial guarantee and determines the default case. • Calculation of the guarantee amount: The amount of the guarantee has to be calculated as follows: Amountofguarantee [inEUR] = salesforcastforthefirstregistrationperiod[t]× expectedreturnrate × expecteddisposalcosts[EUR/t] The expected return rate and the expected disposal costs are determined by EAR in the in-house rule-making process for all B2C types of equipment (please see rule “EAR-02-003 Daten zur Ermittlung der Garantiehöhe”: http://www.stiftungear.de/regelsetzung/regelbuch/). • The following types of guarantees are available: 1. Individual guarantees: – frozen bank account (i.e. www.1weee-services.com) – insurance policy Individual guarantees would be appropriate for companies with low sales vol umes and consequently small guarantee volumes.
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2. Collective guarantees – guarantee systems certified by EAR (i.e. www.garantiesystem-altgeraete.de or www.zvei-garantie.org) Collective guarantee systems would be more appropriate for companies with high guarantee volumes.
H Foreign Producers • Are foreign companies not represented by a local legal entity regarded as “producers”? Yes. Foreign companies that do not have a registered office in Germany can be “manufacturers” accordant to § 3 subsection 11 of the ElektroG. • Can foreign companies not represented by a local legal entity register as “producers”? Yes. Foreign producers without a local legal entity can register with EAR. This also enables them to take over the responsibility from their German distribution partners. However, EAR recommends foreign producers to nominate a person located in Germany to be the one authorized to receive and fulfil administrative decisions on behalf of the foreign producer in due time. Furthermore, they should make an agreement with a German take-back organization. • Can foreign companies use the “agent model”? No.
I Labelling All electrical and electronic equipment put on the market after 23 March 2006 must be labelled with the following elements (please note: the date differs from the EU WEEE Directive, but the elements are in line with the directive): 1) Symbol of the crossed-out wheeled waste bin: this symbol is only required for B2C products and indicates to the end-user that this product must be disposed of separately from municipal solid waste. 2) Identification of the producer (such as brand name, trademark, registration number).
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3) Statement that the equipment was first put on the market after 23 March 2006. This may be indicated with a black bar underneath the wheeled bin. Example:
(see CENELEC EN 50419)
The following details must be provided for B2B equipment: 1) Identification of the producer (such as brand name, trademark, registration number). 2) Statement that the equipment was first put on the market after 13 August 2005, indicated either by the date or by a black bar (only in combination with the crossed-out wheeled waste bin symbol).
J Input Reporting All producers of EEE have to regularly report their actual sales data (input) to EAR. Moreover, they need to report the quantities collected and recycled (output) both from pick-ups coordinated by EAR and from individual take-back programs, as well as the quantities reused, treated, recycled and exported. • How often do you need to report? Input (amount/weight put on the market) 1. On a monthly basis for B2C: until the 15th of each month for the previous month. 2. On an yearly basis for B2B: until 30 April for the previous calendar year. Please note that the input reporting shall follow the EAR rule 04-001. This is especially important when determining the weight of products put on the market. Currently, the weight of a single unit must include the net product weight, but depending on the product category the packaging, manual and mechanical accessories can be excluded. It is advisable to check the current rules in order not to
K The National Recycling Market
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increase the product weight unnecessarily. This can reduce the take-back obligation and, consequently, the take-back and recycling cost enormously. Please find the current rules on the EAR web site: http://www.stiftung-ear.de/regelsetzung/regelbuch/ Output (amount/weight collected) 1. Volumes from container pick-ups coordinated by EAR (“Abholanordnungen”): shortly after the collection. The weight of WEEE collected per container needs to be submitted to the EAR system with the respective pick-up codes. This immediately reduces a producer’s remaining obligation, so it is recommended to report this data regularly. 2. Total amount/weight collected per year from container pick-ups coordinated by EAR: on an yearly basis until 30 April for the previous calendar year. 3. Volumes from individual take-back programs that fulfil all requirements of EAR can be reported as the need arises, there is no deadline set by EAR. However, only volumes collected individually after 23 March 2006 shall be taken into account and can be reported. 4. Quantities reused, treated, recycled and exported: on an yearly basis until 30 April for the previous calendar year. For more information, please see EAR’s FAQ for “Mengenmeldungen”: http://www.stiftung-ear.de/stiftung_ear/fragen_und_antworten/ EAR may also request that information provided under §13 (1) No. 1 and Nos. 3 to 6 be verified by an independent expert. • How can you submit the reporting? The reporting data can only be submitted online through the EAR system. Please note: in Germany, a dot is used to separate large numbers (e.g. ten thousand = 10.000/ten million = 10.000.000) and a comma is used to separate whole numbers from decimal places (e.g. one and a half = 1,5/one thousand fifty point eight = 1.050,8).
K The National Recycling Market In Germany, the recycling market has competitive structures enabling numerous logistics and recycling companies to offer WEEE take-back and recycling. Recycling schemes and recycling organizations do not require a specific approval by EAR or a government license. Therefore, all recycling schemes and recycling companies compete on the market. With this background, prices are low compared to other countries. • Existing Compliance Schemes are the following: There are no approved Compliance Schemes available in Germany, but a lot of independent recycling systems. After signing with a German recycling system, the system will organize take-back and recycling for its members.
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• Do recycling schemes and recycling companies also accept foreign producers as members, i.e. in connection with the “agent model”? Usually, they do accept foreign companies.
L Where Can You Find Further Information? http://www.stiftung-ear.de/ (national clearinghouse) http://www.bmu.de/abfallwirtschaft/downloads/doc/5582.php (German Ministry for Environment)
M Who Can Support You? 1WEEE Services GmbH Ms Meike Altvater, Senior Consultant Ms Christina Brandmann, Legal Counsel Schickardstr. 30, 71034 Boeblingen, Germany Tel: +49 (0)7031/43938-0, Fax: +49 (0)7031/43938-222 E-mail:
[email protected] Web site: www.1weee-services.com • Key activities 1WEEE Services offers consulting on waste-related legislations (such as WEEE, batteries and packaging) across Europe and North America as well as operational compliance services. • WEEE-related support they can offer 1WEEE Services supports companies from all over the world which sell electrical and electronic products. We accompany our clients along the whole range of take-back obligations and are able to provide them with either a full-service package or exactly those segments of the package they select as their tailored support. We offer 1. Legal and business consulting and administration services, e.g. – Legal assessments – Proposals for cooperation with distribution partners – Registration with national authorities 2. Process management to help our customers, e.g. – – – – – –
Adapt their processes and IT for WEEE, battery and packaging services Select the appropriate supplier for logistics, take-back and recycling Fulfil the reporting duties to clearing houses and recycling schemes Finance guarantees and future take-back obligations Select a trustee for guarantees Get a single contact for all customers’ concerns
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Who Can Support You?
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Independent from any recycling company, 1WEEE Services can serve as an environmental pilot in 1. 2. 3. 4. 5.
27 EU member states 50 US states 13 Canadian provinces and territories Norway and Switzerland and other neighbouring countries
offering proactive consulting and smart compliance services.
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Greece
A The National WEEE Legislation The Greek statutory “Law 2939/2001 about Packages and alternative management of Packages – establishment of a National Organization for the Alternative Management of Packaging and Other Waste”, which has been enacted by the Greek parliament in August 2001, is the basis for the Presidential Decree (“PD” in the following) 117/2004 about the “Alternative Management of Waste Materials of Electrical and Electronic Equipment”. This Presidential Decree regulates the details regarding the prerequisites and conditions of the alternative management of WEEE and is the transformation of the EU Directives 2002/95 and 2002/96. It was published on 5 March 2004 and since that day has gained legal force. • Which authority is responsible for the implementation of the directive into national law? The competent authority shall be EOE DSAP with the official English translation of “National Organization for the Alternative Management of Packaging and other Waste” (NOAMPOW), as set out in Article 24 of Law 2939/2001 (A 157). It is a legal entity under private law and is under the control of the Ministry of Environment, Physical Planning and Public Works.
B Critical Definitions • “Producer” The definition of the term “producer” in the PD is exactly the same as in the WEEE Directive: Gurland Rechtsanwälte Note: Underlined sections are not in line with the WEEE Directive and/or the FAQ Document of the European Commission (http://ec.europa.eu/environment/waste/pdf/faq_weee.pdf). However, this does not mean that the national law violates European law. The discrepancies are part of the range of applications given to the national authorities by the WEEE Directive.
E. Westkämper et al. (eds.), National Registration for Producers of Electronic Waste, C Springer-Verlag Berlin Heidelberg 2009 DOI 10.1007/978-3-540-92746-4_12,
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Producer is any person who – irrespective of the selling technique used – including by means of distance communication according to the Directive 97/7/EU of 20 May 1997, which has been incorporated into Greek law by the Ministerial Order 21 496/2000 (B 1545), (i) manufactures and sells electrical and electronic equipment under his own brand; (ii) resells under his own brand equipment produced by other suppliers, a reseller not being regarded as the “producer” if the brand of the producer appears on the equipment as provided for in par (i); or (iii) imports or exports electric and electronic equipment on a professional basis. Whoever exclusively provides financing under or pursuant to any finance agreement shall not be deemed a “producer” unless he also acts as a producer within the meaning of sub-points (i) to (iii). • “Place/put on the market” This term means placing products onto the Greek market for the first time, whether the products originate from third countries or from other EU member states. • “Historical” and “new” waste No distinction is made between new and historical WEEE. • Household (B2C) and non-household (B2B) products According to Article 2, par. 17 of the PD, “WEEE from private households” is defined as WEEE which comes from private households and from commercial, industrial, institutional and other sources which, because of its nature and quantity, is similar to that from private households. There is no provision regulating the obligation of the producer to prove the correctness of the classification.
C The National Scope of WEEE Annex IA of the PD: 1. Large household appliances 2. Small household appliances 3. IT and telecommunications 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
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• Who is responsible for a correct categorization into the 10 WEEE categories and the national types of equipment? What are the criteria? There is no provision regarding this point in the PD. Therefore, the producer is the one who determines the category of his/her product. • The national types of equipment The national types of equipment covered by the 10 WEEE categories are listed in Annex IB of the PD. • How to distinguish components and finished products? There is no such provision. • Do fixed installations fall within the scope of the national WEEE? No general regulation concerning “fixed installations” available. Only large-scale stationary industrial tools being fixed installations are outside the scope of the national WEEE Decree (see category 6, electrical and electronic tools).
D National Timelines National timelines exist for. . . Registration: start and/or due date? Labelling Joining a Compliance Scheme (CS) Start of the take-back system Other deadlines
Due date: 31 December 2005 Due date: 13 August 2005 1 July 2004 1 July 2004 Obligation to use number of registration on all bills, etc.: 1 January 2006
E The National Registration Body Hellenic Ministry of Environment, Physical Planning and Public Works; General Directorate for the Environment, Directorate for Environmental Planning; Bureau of Alternative Management of Packaging and Other Waste. Address: Patission str. 147, 112 51 Athens Contact person: Mr. Skordilis Tel: 0030 210 8654950 Fax: 0030 210 8627444 E-mail:
[email protected] Web site: http://www.minenv.gr/anakyklosi • Who is obliged to register? All producers of EEE who are first to put these products on the Greek market. These include distance-sellers selling directly from outside Greece to Greek endusers.
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• What are the prerequisites for registration? Foreign companies require the representation of a local legal entity, which consequently has a local tax number. • How can you register and in which language? Registration is done by submitting the required documents in hard copy. There is no online registration available yet. Registration is possible only in Greek. • Fees for registration There are no fees required for registration. • National WEEE registration number Registered producers will receive a Greek registration number. This number has to be shown on the stamp of the company and on all company papers that have a fiduciary value, such as invoices, delivery notes, order confirmations, etc.
F Data Required for Registration • Company data Name of the company, address, legal representative, tax number, etc. • Product data No product data are required. • Guarantee Data No guarantee data are required. • Data on recycling partners/compliance schemes No data on recycling partners/compliance schemes are required.
G The Financial Guarantee There is no financial guarantee required in Greece.
H Foreign Producers • Are foreign companies not represented by a local legal entity regarded as “producers”? Only if they sell their products directly from outside Greece to Greek end-users without an intermediary local distributor (so-called “distance-selling”).
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• Can foreign companies not represented by a local legal entity register as “producers”? This is only possible for distance sellers (see above). For all other foreign companies a local legal entity is required, which consequently has a local tax number. • Can foreign companies use the “agent model”? No.
I Labelling – Identification of the producer (brand of the product, registration number or any other suitable means of identification of the producer). Whatever means of identification will be used, it has to be communicated to the national register of producers of EEE, according to Article 14, par. 1, of the PD; – Indication that the product was launched to the market after 13 August 2005. This can be done in two ways: a. by displaying on the product the date of production or the date of market launch (in a codified form or not) – if in codified form, the code has to be available to the processing units of the collective system – if in uncodified form, the form has to meet the European standard form EN 28601 b. by displaying on the product the symbol of the crossed-out wheelie bin, adding a black parallelogram under the dustbin (see European standard form EN 50419). – If the dimensions or other characteristics, such as the functionality of the product, do not allow displaying these information on the product itself, then it can also be displayed in the following way: – showing a little “flag” on the cable of the product. – printing it on the manual and the guarantee papers. – printing it on the wrapping of the product.
J Reporting All producers of EEE have to report the category, the number of items and the weight of the sold quantities of EEE. Also, once a year on 1 January, the EEE producers are obliged to submit a detailed report regarding the implementation of the individual or collective system of alternative management. The report has to include the planning of the system for the next year. • How often do you need to report? Every month.
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K The National Recycling Market At the moment, there is only one compliance scheme in Greece. The compliance schemes need to be approved by the competent Ministry for the Environment, Physical Planning and Public Works. • Existing Compliance Schemes are the following: “Appliances Recycling S.A.” Kifissou Ave. 166, 122 42 Egaleo Web site: http://www.electrocycle.gr • Do these Compliance Schemes also accept foreign producers as members, i.e. in connection with the “agent model”? No.
L Where Can You Find Further Information? http://www.electrocycle.gr (Appliances Recycling S.A.) http://www.minenv.gr/anakyklosi (Hellenic Ministry for the Environment, Physical Planning and Public Works)
M Who Can Support You? GURLAND Rechtsanwälte Olga Dimopoulou Chrysanthemon 19, 154 52 Athens, Greece Tel: 0030 210 6746103 Fax: 0030 210 6746101 E-mail:
[email protected] • Key activities Consulting, business law, environmental law, distribution law, food law • WEEE-related support they can offer Support in WEEE and RoHS implementation
Hungary
A The National WEEE Legislation The WEEE Directive has been transported into Hungarian Law by Government Decree no. 264/2004 adopted on 23 September 2004 (the decree’s articles came into force on different dates, but mainly on 13 August 2005). The RoHS Directive has been transposed by Ministerial Decree no. 16/2004 adopted on 8 October 2004. The above-mentioned decrees are those most relevant to the topic, but there are several more legal texts dealing with WEEE and RoHS: – – – –
Act LVI of 1995 on Product Fee Act XLIII of 2000 on Waste Management Decree 271/2001 on Waste Management Fines Ministerial Decree 15/2004 on the detailed rules of EEE treatment, etc.
• Which authority is responsible for the implementation of the directive into national law? The Ministry of the Environment and Water Management.
B Critical Definitions • “Producer” In accordance with the authoritative regulations, the term “producer” means – anyone who manufactures or, in case of products manufactured abroad, imports the products and
Andreas Neocleous & Co Note: Underlined sections are not in line with the WEEE Directive and/or the FAQ Document of the European Commission (http://ec.europa.eu/environment/waste/pdf/faq_weee.pdf). However, this does not mean that the national law violates European law. The discrepancies are part of the range of applications given to the national authorities by the WEEE Directive.
E. Westkämper et al. (eds.), National Registration for Producers of Electronic Waste, C Springer-Verlag Berlin Heidelberg 2009 DOI 10.1007/978-3-540-92746-4_13,
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– distributors of EEE distributing under their own brand name electric equipment, manufactured by another manufacturer, except, if the name of the original manufacturer is indicated on the product. The definition of a producer in the WEEE Directive is slightly different from that contained in the WEEE Regulations. There is one notable respect: The WEEE Directive provides expressly that a producer is anyone who manufactures and sells under his own brand. This is not implemented in the definition of producer contained in the Government Decree no. 264/2004. • “Place/put on the market” The Government Decree no. 264/2004 does not define the term “place on the market”. • “Historical” and “new” waste According to the Government Decree no. 264/2004, historical waste is waste put on the market before 13 August 2005. New waste is waste which has been put on the market after that day. • Household (B2C) and non-household (B2B) products According to the Government Decree no. 264/2004 Article 2 point (b), WEEE from private household means such equipment which comes from private households, including its commercial, industrial and institutional application. Nonhousehold equipment is any other equipment. But note that a distinctiveness of the Hungarian WEEE legislation is that all products falling under WEEE categories 1–7 are distinguished as B2C products automatically.
C The National Scope of WEEE Falling within the scope of the Hungarian WEEE Regulations is equipment operating with a voltage rating not exceeding 1,000 V for alternating current and 1,500 V for direct current, and falling under one of the 10 categories stipulated in the Government Decree no. 264/2004, 1st Appendix which corresponds to Annex IA of the EU WEEE Directive. • Who is responsible for a correct categorization into the 10 WEEE categories and the national types pf equipment? What are the criteria? The producer may decide and determine the product categorization into the 10 WEEE categories. According to The National Inspectorate for Environment, Nature and Water’s colleague, there are no such criteria or guidance for categorization apart from the few rules of the EU WEEE Directive. • The national types of equipment A list of the types of equipment covered by the 10 WEEE categories is listed in the Government Decree no. 264/2004 1st Appendix.
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• How to distinguish components and finished products? Applicable are the Frequently Asked Questions (FAQ) of the EU Commission: According to the FAQ, all products not serving an independent function fall outside the scope of Government Decree no. 264/2004 (e.g. transistors), whereas products that do perform an independent function do fall under the scope of the WEEE Regulations. • Do fixed installations fall within the scope of the national WEEE? The Government Decree no. 264/2004 does not contain a general regulation concerning fixed installations. The only fixed installations excluded form the national scope of WEEE are large-scale stationary industrial tools (Annex 1A to the Government Decree no. 264/2004).
D National Timelines National timelines exist for. . . Registration: start and/or due date? Labelling Joining a Compliance Scheme (CS) Start of the take-back system
Start date: 01 January 2005 Start date: 13 August 2005 Not applicable Start date: August 2005
E The National Registration Body National General Directorate of Environment and Water Management (www. kvvm.hu) Address: 1011 Budapest, F˝o street 44-50. Hungary; Phone number: (36) 1 457 3300. National Inspectorate for Environment, Nature and Water (http://www.orszagos zoldhatosag.gov.hu ) Main address: 1016 Budapest, Mészáros street 58/a Hungary; Main phone number: (36) 224-9100; Central fax number: (36) 1-224-9263; E-mail:
[email protected]; The Inspectorate’s web site is still under constriction, just partly available in English. • Who is obliged to register? Producers, Hungarian importers, their suppliers in the EU and the Hungarian Compliance Schemes. • What are the prerequisites for registration? A Hungarian tax number at APEH (Hungarian State Tax Authority – www.apeh.hu) and a registration with EAN (www.ean.hu). In addition, foreign companies have to denominate a Hungarian agent for service of process.
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• How can you register and in which language? Application form is attached in the appendix to the Government Decree no. 264/2004. The Environment Ministry said that at the moment the registration is only available personally or by registered mail. For the time being, the application for registration may only be submitted in Hungarian. • Fees for registration The registration fee is 75.000 HUF, approximately 270 EURO, since 15 January 2006. The fee shall be transferred to the National General Directorate of Environment and Water Management’s bank account (account number: 1003200001468216-00000000). The registration fee is stipulated in Decree no. 33/2005 which is only available in Hungarian. • National WEEE registration number Producers are given a national registration number after the approval of their registration process, which may last up to 90 days. There is no current legal requirement for producers to include the registration number on any documentation (e.g. quotes, invoices, advertising material). However, they are free to do so if they wish.
F Data Required for Registration • Company Data The following company data are required for registration: – – – – –
Country code Short name of the company Full name of the company City Full address (zip code, city, street, street number)
• Product Data The producer must indicate the quantity of products produced, imported or distributed in the relevant product category from a selection of 10 EEE categories. The planned quantity of EEE products to be sold on the Hungarian market is not required during the registration process. • Guarantee Data There is no obligation to inform the relevant Hungarian authorities about guarantee data during the registration process. • Data on recycling partners/compliance schemes There is no obligation to inform the relevant Hungarian authorities about recycling data during the registration process.
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G The Financial Guarantee A financial guarantee is only required for producers who comply individually. Consequently, if producers join a compliance scheme, no financial guarantee is asked for. (National General Directorate of Environment and Water Management recommends to avoid individual compliance and join a compliance scheme.) • Requirements for the financial guarantee The financial guarantee shall be provided on a monthly basis. • The guarantee amount is calculated as follows: The amount of the guarantee is calculated by multiplying the amount of EEE placed on the market in the past year (or the current month in the case there have been no sales in the past year) for each category with the following rates: 1. 2. 3. 4. 5. 6. 7.
Large household appliances: 104 Euro/ton Small household appliances: 280 Euro/ton IT and telecommunications equipment: 400 Euro/ton Consumer electronics: 380 Euro/ton Lighting equipment: 760 Euro/ton Power tools and machines: 340 Euro/ton Toys, leisure and sports equipment: 400 Euro/ton
According to the Ministry, no producer has provided a guarantee since none had applied for individual compliance yet. • The following types of guarantees are available: There are three ways to assure the financial guarantee (Government Decree no. 264/2004 Article 16, Section 4): – appropriation fund (blocked account); – contract with insurance company; – contract with bank (bank guarantee).
H Foreign Producers • Are foreign companies not represented by a local legal entity regarded as “producers”? No. They first have to register in Hungary. • Can foreign companies not represented by a local legal entity register as “producers”? Yes, but by the end of 2006 only a few foreign entities had registered in Hungary. The Ministry does not want collective systems to admit non-Hungarian entities (since these are not obliged by the Product Fee Act). But according to the collective
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system “Electro-Coord” none of the Hungarian distributors has had an advantage by the foreign entities registered (e.g. an exemption from their product fee). So there is no reason for non-Hungarian entities to request registration. • Can foreign companies use the “agent model”? Not applicable
I Labelling The marking requirements apply to B2C products as well as to B2B products. The following labelling requirements are covered: – The identity of the producer – Symbol of crossed-out wheelie bin – Statement that EEE was first put on the market after 13 August 2005
J Reporting The reporting obligation in Hungary is regulated as follows: The producer has to provide reporting to the authority of National Inspectorate for Environment, Nature and Water: – Input reporting until 31 January: (a) the amount of EEE sold in the previous year for each of the 10 categories; (b) the amount of EEE presumably sold in the present year; (c) the way the producer fulfils his re-using, recycling, reprocessing obligations. – Output reporting until 20 February: (a) the amount of waste by categories produced in the previous year by fulfilling the producer’s re-using, recycling, reprocessing, disposing obligations; (b) the amount and type of the financial guarantee; (c) the amount of EEE to be collected in the present year for each category. The producers may determine this amount unilaterally (if the producer fails to collect the amount of EEE 2% in the previous year the failed amount is added to the next year). The producers’ reporting obligation is determined in the Decree no. 15/2004. All reporting forms are attached – as appendixes - to this decree. The forms are only available in Hungarian. • How often do you need to report? The report shall be submitted annually. • How can you submit the reporting? Just like the registration form, the reports could only be submitted in writing by registered mail.
L Where Can You Find Further Information?
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K The National Recycling Market All waste management companies and recycling companies compete on the market. The only requirement for producers or companies which deal in the disposal, processing and recycling of waste is the operating license. • Existing Compliance Schemes are the following: I. ELECTRO-COORD Magyarország Kht. Address: 1012 Budapest, Márvány utca 18. Hungary Post address: 1537 Budapest, 453/403 Tel: +36 (1) 224-7730 Fax: +36 (1) 224-7739 E-mail:
[email protected] Web site: www.electro-coord.hu II. Ökomat Elektronikai Hulladék Hasznosítást Koordináló Kht. Address: 1138, Budapest, Váci út 184 Hungary Fax: +36 (1) 236-0506 E-mail:
[email protected] Web site: www.okomat.hu Managing director: Dr. Endre Erd˝os (E-mail:
[email protected]) III. Elektro Waste Kht Address: 1055 Budapest, Szalay u. 4. Hungary Tel: +36 (1) 373-0491 Fax: +36 (1) 373-0492 Web site: http://www.elektrowaste.hu (only in Hungarian) IV. E-Hulladek Kht: Address: 1139 Budapest, váci út 87, Hungary Tel/Fax: +36 (1) 412-0804 E-mail:
[email protected] Web site: http://www.magyarhirlap.hu (only in Hungarian) V. Re-Elektro Kht. Address: 9028 Gy˝or, Régi, Veszprémi út 14-16, Hungary Tel: +36 (1) 96 522 805 • Do these Compliance Schemes also accept foreign producers as members, i.e. in relation with the “agent model”? Yes, they accept foreigners as well.
L Where Can You Find Further Information? National General (www.kvvm.hu)
Directorate
of
Environment
and
Water
Management
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National Inspectorate for Environment, Nature and Water (http://www. orszagoszoldhatosag.gov.hu)
M Who Can Support You? Dr. Balázs Veréb, Advocate ANDREAS NEOCLEOUS & CO (Budapest Office) Balassi Bálint street 25. H-1055 Budapest, HUNGARY Tel: +36 1 311 31 35 Mobile: (36) 30 371 65 21 Fax: +36 1 3540677 E-mail:
[email protected] Dr. Zoltán Hirka ANDREAS NEOCLEOUS & CO (Budapest Office) Balassi Bálint street 25. H-1055 Budapest, HUNGARY Tel: (36) 1 311 31 35 Mobile: (36) 20 211 46 34 Fax: +36 1 3540677 E-mail:
[email protected] • Key activities Our firm specializes in international law, taxation, international tax planning, company and commercial law, banking and finance, privatization and investment projects, environmental law. • WEEE-related support they can offer We provide advice and support concerning the practical implementation of national laws regarding WEEE and RoHS, including registration matters with the relevant national authority. • Further information www.neocleous.com
Ireland
A The National WEEE Legislation The WEEE Directive was transposed into Irish law by the Waste Management (Waste Electrical and Electronic Equipment) Regulations 2005 (SI 340/2005) (“WEEE Regulations”) which were signed into law on 5 July 2005. The majority of the obligations under the WEEE Regulations became operative on and from 13 August 2005, with the particular exception of the requirement for producers to register with the national registration body which became operative on and from 20 July 2005. The RoHS Directive was transposed into Irish law by the Waste Management (Restriction of Certain Hazardous Substances in Electrical and Electronic Equipment) Regulations 2005 (SI 341/2005) (“RoHS Regulations”) which were signed into law on 5 July 2005. The main obligations under the RoHS Regulations became operative on 1 July 2006. The Waste Management Acts 1996–2005 were amended by the Waste Management (Electrical and Electronic Equipment) Regulations (SI 290/2005) to provide for the lawful introduction of the WEEE Regulations and the RoHS Regulations. • Which authority is responsible for the implementation of the directive into national law? The Department of the Environment, Heritage and Local Government is the government department with responsibility for environmental matters.
Mason Hayes + Curran Note: Underlined sections are not in line with the WEEE Directive and/or the FAQ Document of the European Commission (http://ec.europa.eu/environment/waste/pdf/faq_weee.pdf). However, this does not mean that the national law violates European law. The discrepancies are part of the range of applications given to the national authorities by the WEEE Directive.
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B Critical Definitions • “Producer” “Producer” is defined for the purposes of the WEEE Regulations as any person who, irrespective of the selling technique used, including by means of distance communication, (i) manufactures and sells electrical and electronic equipment under his or her own brand; (ii) resells electrical and electronic equipment produced by other suppliers under his or her own brand; (iii) imports electrical and electronic equipment on a professional basis into the state; (iv) exports electrical and electronic equipment on a professional basis from the state to another member state of the European Union; or (v) distributes electrical and electronic equipment from a producer who is deemed not to be registered under Article 12(2); with the exception of a person or persons exclusively engaged in the provision of financing under or pursuant to any finance agreement unless also acting as a producer within the meaning of subparagraphs (i) to (v). Article 12(2) of the WEEE Regulations provides that a producer shall not be deemed to be registered until a certificate of registration and registration number has been issued to the producer by the national WEEE registration body or, as appropriate, a third party acting on its behalf. It is notable that a person may be deemed a producer pursuant to sub-point (v) irrespective of whether or not they know the producer was not registered under Article 12(2). The definition of a producer in the WEEE Directive is slightly different from that contained in the WEEE Regulations. There is one notable respect: The WEEE Directive provides expressly that a reseller, who resells under his own brand equipment produced by other suppliers, will not be regarded as the producer if the brand of the producer appears on the equipment as provided in sub-point (i) above. This is not implemented in the definition of producer contained in the WEEE Regulations.
• “Place/put on the market” Neither the WEEE Regulations nor the RoHS Regulations define what “place on the market” means. • “Historical” and “new” waste There is no express definition of historical or new waste in the WEEE Regulations. Waste from products put on the national market before 13 August 2005 is generally referred to as historical waste, while waste from products put on the market after 13 August 2005 is generally referred to as new waste.
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• Household (B2C) and non-household (B2B) products The WEEE Regulations define “waste electrical and electronic equipment from private households” as waste electrical and electronic equipment which comes from private households and from commercial, industrial, institutional and other sources which, because of its nature and quantity, is similar to that from private households. It seems that products which do not fall within the B2C category may be categorized as B2B products. The WEEE Regulations do not expressly address who must prove a categorization. As the producer is responsible for its own compliance, it seems that he is responsible for correctly classifying a product. The national WEEE Registration Body will generally issue an opinion in relation to the categorization of a product as B2B or B2C. This function is not expressly conferred on the registration body by the WEEE Regulations. Accordingly, while this opinion may be of persuasion to the courts and enforcement bodies, it may not bind them.
C The National Scope of WEEE The scope of equipment to which the WEEE Regulations apply is identical to that to which the WEEE Directive applies. The WEEE Regulations apply to electrical and electronic equipment falling under the categories set out in the First Schedule of the WEEE Regulations. • Who is responsible for a correct categorization into the 10 WEEE categories and the national types of equipment? What are the criteria? The WEEE Regulations do not expressly address who determines the categorization of a product. As the producer is responsible for its compliance with the WEEE Regulations, it seems that he is also responsible for determining the correct categorization. The national WEEE registration body issues a category listing which is indicative of the category into which products fall. The category listing is updated from time to time in consultation with industry and is subject to revision. It is not an all-inclusive list. The category listing can be viewed at www.weeeregister.ie. The category listing issued by the WEEE national registration body uses some different sub-categories to those set out in the Second Schedule of the WEEE Regulations. It also caters for further descriptions and product examples in respect of the subcategories. The national WEEE registration body will also issue an opinion in relation to the categorization of a product. This function is not expressly conferred on the registration body by the WEEE Regulations. Accordingly, while this opinion may be of persuasion to the courts and enforcement bodies, it may not bind them. Similar issues arise in relation to the onus of proof concerning the correctness of a categorization in a criminal prosecution as those discussed above in relation to classification of B2B and B2C products.
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• The national types of equipment The Second Schedule of the WEEE Regulations replicates the types of equipment laid out in Annex 1B of the WEEE Directive. • How to distinguish components and finished products? According to the national WEEE registration body, if a product has an independent function, it is regarded as a finished product. So if the product can be a component but also has an independent function, for example, a memory card, memory chip, motherboard, it is regarded as a finished product. It is determined on a caseby-case basis through product specification. • Do fixed installations fall within the scope of the national WEEE? The WEEE Regulations do not apply to the term “fixed installation”. But similar to the WEEE Directive, the WEEE Regulations do not apply to large-scale stationary industrial tools in category 6.
D National Timelines National timelines exist for WEEE Regulations
Registration: start and/or due date? Renewal of registration Display by producer of registration number on invoices, credit notes, dispatch and delivery dockets issued to distributors Labelling Provision of information to users Provision of information to recovery facilities in respect of new types of electrical and electronic equipment placed on the market Record-keeping obligations Recovery obligations Treatment obligations Product design and priority to reuse obligations Joining a Compliance Scheme (CS) Start of the take-back system RoHS Regulations – prohibition of specified hazardous substances
In general, the obligations under the WEEE Regulations became operative on 13 August 2005 Due date: 20 July 2005 31 January each year following initial registration 13 August 2005
13 August 2005 13 August 2005 13 August 2005
13 August 2005 31 December 2008 13 August 2005 13 August 2005 Not applicable 13 August 2005 1 July 2006
E The National Registration Body WEEE Register Society Ltd. has been appointed as the registration body for this purpose.
E The National Registration Body
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Address: Mr Declan Burns, Chairman WEEE Register Society Ltd. The National Registration Body Suite 501 8 Dawson Street Dublin 2 Ireland Tel: +353 1 2409320/1 Fax: +353 1 2409342 E-mail:
[email protected] Web site: www.weeeregister.ie • Who is obliged to register? The WEEE Regulations require each “producer” that has placed or is about to place electrical and electronic equipment on the market to register with the WEEE registration body. It seems that “place on the market” in the context of this provision refers to the national market, not the community market. This is based upon an interpretation of Article 12 of the WEEE Directive (“put on their market”) which imposes the obligation on member states to require producers to register with a national WEEE registration body. This is consistent with the approach adopted by the national WEEE registration body at the time of writing. • What are the prerequisites for registration? The application form for registration requires producers to submit the following information, in particular: – an Irish VAT number; and – Irish Companies Registration Office number. For the purposes of the WEEE Regulations, the national registration body takes the view that only an entity with either (a) legal entity; (b) place of business; or (c) branch in Ireland is a producer. Thus, you must be one of these in order to register. There is one exception to this: A foreign entity which distance sells electrical and electronic equipment to a consumer (not a business) may register despite the fact that it does not have a legal entity, place of business or branch in Ireland. There is no requirement for a local representative in this case. A producer is also required to have prepared a plan which sets out the steps the producer will take to fulfil its obligations under the WEEE Regulations, including the steps the producer intends to take to ensure the environmentally sound management of WEEE. This obligation does not apply if the producer is a member of a collective compliance scheme. • How can you register and in which language? The application form for registration can be downloaded from www. weeeregister.ie. The form must be submitted in hard copy. The registration must be submitted in English language.
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• Fees for registration Producers are required to renew their registration annually and must pay a registration fee each year. This registration fee is used to finance the national WEEE registration body. The registration fees are set in correlation to turnover of electrical and electronic equipment products. The registration fees are revised from time to time. The registration fees for 2006 and 2007 at the time of writing are 1. 2. 3. 4.
C250 – if the turnover of EEE products is
• National WEEE registration number Producers are issued with a national registration number by the WEEE Registration body. Producers must display the number on any invoice, credit note, dispatch and delivery docket issued to a distributor by the producer.
F Data Required for Registration • Company Data The national WEEE registration body application form for registration requires the following company data from producers: • Company name, trading name and name and title of authorized contact. • Company’s and authorized contact’s address, telephone and fax number and e-mail address. The company’s address should be that of its registered office or, if not registered, its principal place of business. • Company’s Irish WEEE registration number (if already available from previous years) and Irish VAT number and Irish Companies Registration Office number. • Whether company is self-compliant or a member of an approved compliance scheme. • If applicable, name of approved compliance scheme. • If applicable, confirmation of compliance with the WEEE Regulations. • If products are B2B, whether company has submitted a Waste Management Plan to the Environmental Protection Agency. • Whether company manufactures and sells equipment under its own brand. • Whether company resells equipment produced by other suppliers under its own brand. • Whether company exports equipment on a professional basis from Ireland to another member state. • Whether company imports equipment on a professional basis into Ireland. • Whether company sells equipment directly to private residences in Ireland via distance selling techniques. • Confirmation as to the range between which the company’s annual turnover of electrical and electronic equipment falls.
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This is based upon the information set out in Part 1 of the Third Schedule of the WEEE Regulations. Producers are also required to make certain declarations pursuant to Article 11 of the WEEE Regulations. These include a declaration – that equipment it has placed or will place on the market is marked in accordance with the WEEE Regulations and complies with the RoHS Regulations; and – of the details of how the producer will finance the environmentally sound management of waste electrical and electronic equipment or details of any collective compliance scheme joined. • Product Data Article 11(2) requires producers to submit the following information which is contained in Part 1 of the Third Schedule of the WEEE Regulations: • Location of premises at or from which electrical and electronic equipment will be supplied by the company. • The unique identity utilized by the company to identify the electrical and electronic equipment that it will place or has placed on the market and the means of such unique identity. • The quantities, where applicable, by weight or, as appropriate, by number of units of electrical and electronic equipment for private households that was placed on the market in the calendar year prior to the date of application and substantiated estimates of the projected average life of the electrical and electronic equipment concerned by category. • The quantities, where applicable, by weight or, as appropriate, by number of units of electrical and electronic equipment for users other than private households that was placed on the market in the calendar year prior to the date of application and substantiated estimates of the projected average life of the electrical and electronic equipment concerned by category. The following information must also be provided when registration is being renewed in accordance with Article 11(3) and Part 2 of the Third Schedule of the WEEE Regulations: • The cost of the environmentally sound management of electrical and electronic equipment for private households that was placed on the market in the calendar year prior to the date of application for renewal by category. • The cost of the environmentally sound management of electrical and electronic equipment for users other than private households that was placed on the market in the calendar year prior to the date of application for renewal by category. This is based upon the information set out in Part 1 of the Third Schedule of the WEEE Regulations which Article 11(2) requires producers to submit.
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• Guarantee Data The WEEE Regulations require an application for registration to include a declaration from the applicant providing details of arrangements for providing adequate financial guarantees for financing the cost of the environmentally sound management of waste electrical and electronic equipment. This does not apply if the company is a member of an approved compliance scheme. If the applicant displays environmental management costs, a report from an independent person who is qualified at the time of the report to be appointed, or to continue to be, the auditor of the applicant if the applicant is a company (or if the applicant is not a company, would be qualified to be auditor if the applicant were a company) containing a statement of whether or not, in the independent person’s opinion, the data used to compute the current substantiated cost of the environmentally sound waste management of each type of electrical and electronic equipment placed on the market prior to 13 August 2005 were obtained from the books of account or other records maintained by the applicant. This can be avoided if the producer is a member of an approved compliance scheme. The national WEEE registration body is required to verify that each producer has adequate financial guarantees. • Data on recycling partners/compliance schemes The application form for registration requires companies to confirm whether or not they are a member of an approved compliance scheme. They must name the scheme if they are a member. The application form requires companies which are not a member of an approved compliance scheme to confirm whether or not they have submitted a waste management report to the Environmental Protection Agency. This report sets out various information including information in relation to the company’s recycling arrangements. The WEEE Regulations require a producer who is a member of an approved collective compliance scheme to submit a copy of the certificate of membership stating that such producer is participating in a scheme for the environmentally sound management of waste electrical and electronic equipment.
G The Financial Guarantee Members of an approved compliance scheme are exempted from the requirements regarding financial guarantees. Currently, B2B-only producers are not accepted in the approved compliance schemes operating in Ireland. Members of approved compliance schemes are generally required under the terms of membership to pay for the cost of any environmental management of waste electrical and electronic equipment which is undertaken on the member’s behalf. • Requirements for the financial guarantee? It seems that financial guarantees are only required in respect of B2C products although this is not particularly clear from the text of the WEEE Regulations.
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• The following types of guarantees are available 1. Blocked bank account: The producer must deposit the following at least in the blocked bank account: (a) the current substantiated costs of the environmentally sound management of waste electrical and electronic equipment that will arise from private households when it is placed on the market; and (b) the interest that would accrue on the above amount when compounded on a daily basis at a margin of 5 points above the 1 month EURIBOR rate for the period of not less than the projected average life of the electrical and electronic equipment concerned, as set out in the Fifth Schedule of the WEEE Regulations. 2. Insurance Policy: The producer can take out an insurance policy (or policies) covering at least all of the costs of the environmentally sound management of waste electrical and electronic equipment that will arise from electrical and electronic equipment placed on the market by the producer concerned. The insurance policy must be taken out with an undertaking (or undertakings) registered in accordance with the European Communities (Non-Life Insurance) Framework Regulations 1994 (SI 359 of 1994) (“Non-Life Insurance Regulations”), other than a captive insurer, for a period of not less than the life of the product. 3. Self-insurance: The producer can provide self-insurance provided it maintains a minimum balance of C15,000,000 or 10% of annual turnover of electrical and electronic equipment in the state, whichever is greater, in a blocked bank account, to cover at least all of the costs of the environmentally sound management of waste electrical and electronic equipment that will arise from electrical and electronic equipment placed on the market by it. 4. Bond: The producer can obtain a bond issued by an undertaking (or undertakings) registered in accordance with the Non-Life Insurance Regulations or holding a valid banking license issued in accordance with the provisions of the Central Bank Act 1971 (No. 24 of 1971). The bond must cover at least (a) the current substantiated costs of the environmentally sound management of waste electrical and electronic equipment that will arise from electrical and electronic equipment when it is placed on the market; and (b) the interest that would accrue on the amount in paragraph (a) when compounded on a daily basis at a margin of 5 points above the 1 month EURIBOR rate for a period of not less than the projected average life of the electrical and electronic equipment concerned, as set out in the Fifth Schedule of the WEEE Regulations.
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Producers are required to submit details of such guarantees with an application for registration. The national WEEE registration body verifies the adequacy of the financial guarantee. To date, it seems that producers have generally opted to join a compliance scheme to avoid the obligation to provide financial guarantees. This may in part be due to the complexity of these structures.
H Foreign Producers • Are foreign companies not represented by a local legal entity regarded as “producers”? Foreign entities not represented by a local legal entity, place of business or branch are not considered, at the time of writing, by the national WEEE registration body as a producer for the purposes of the WEEE Regulations. Even distance sellers of electrical and electronic equipment selling from abroad directly to Irish end-users (not businesses) are not considered as “producers”. However, they have to specify the visible Environmental Management costs on sales web sites and to provide a 1:1 take-back of WEEE. • Can foreign companies not represented by a local legal entity register as “producers”? No. • Can foreign companies use the “agent model”? At the time of writing, the “agent model” may not be used. This is because the foreign entity is not currently considered by the national WEEE registration body as a “producer”.
I Labelling Each producer must ensure that it marks indelibly, visibly and legibly each item of electrical and electronic equipment he places on the market with the wheelie bin symbol:
J Reporting
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Producers of household electrical and electronic equipment must ensure, when supplying a new product, that users are informed of (a) the requirement not to dispose of waste electrical and electronic equipment as unsorted municipal waste; (b) the requirement to have waste electrical and electronic equipment collected separately; (c) users role in contributing to reuse, recycling and other forms of recovery of waste electrical and electronic equipment; (d) the potential effects on the environment of human health as a result of the presence of hazardous substances in electrical and electronic equipment; and (e) the meaning of the wheelie bin symbol. If it is not possible to mark the item of electrical and electronic equipment with the wheelie bin symbol due to its size or function, the symbol must be printed on the packaging, instructions for use, the warranty of the product and a flag or tag permanently attached to any power lead, cable, cord or strap that is permanently connected to the equipment.
J Reporting Producers are required to submit confidential market data on a monthly basis to what is referred to as the Blackbox. The Blackbox manages the sensitive market data submitted by producers and informs them individually, including those in collective schemes, of their respective market share. This information is used to establish producers’ financial liabilities associated with the management of their respective proportion of waste electrical and electronic equipment arising in Ireland. Regulation 28 provides that each producer (or a third party acting on its behalf) must (i) declare the quantities, by weight or, as appropriate, by number of units of electrical and electronic equipment for private households and electrical and electronic equipment for users other than private households in each of the categories specified in the First Schedule he or she placed on the market, to the registration body, or a third party acting on its behalf, by 31 January of each year, in respect of the previous calendar year ending 31 December; or (ii) submit the vouched details, including copy invoices, of the cost incurred, from 13 August 2005 onwards, by him or her for the environmentally sound management of waste electrical and electronic equipment arising from private households, to the registration body or a third party acting on its behalf. • How often do you need to report? To the Blackbox on a monthly basis, according to Regulation 28 annually.
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• How can you submit the reporting? This monthly information will be submitted through a specifically designed web site managed by the WEEE Blackbox. A highly secure approach to computer and network security is employed for this purpose.
K The National Recycling Market The waste disposal market in Ireland is competitive. Any organization can apply to the Environmental Protection Agency for a license, permit or certificate of registration with the EPA in order to carry out waste disposal. Certain criteria set out in Part IV of the Waste Management Acts 1996–2005 must be satisfied in order to obtain such a license, permit or certificate. • Existing Compliance Schemes are the following: European Recycling Platform: John Hayes C/O Mazars Block 3, Harcourt Centre Harcourt Road Dublin 2 Ireland Tel: +353 1 495 3889 Fax: +353 1 495 3889 E-mail:
[email protected] Web site: www.erp-recycling.org WEEE Ireland: Leo Donovan, Suite 18, The Mall Beacon Court Sandyford Dublin 18 Ireland Tel: +353 1 2999 320 Web site: www.weeeireland.ie At the time of writing, these two compliance schemes do not accept B2B-only producers. • Do these Compliance Schemes also accept foreign producers as members, i.e. in connection with the “agent model”? This is not applicable as the “agent model” cannot currently be utilized in Ireland.
M
Who Can Support You?
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L Where Can You Find Further Information? www.environ.ie Department of the Environment, Heritage and Local Government www.oasis.gov.ie Citizens Information Online: Information about public services in Ireland www.envirocentre.ie Enterprise Ireland which supports the industry and the environment www.weeeregister.ie The national WEEE registration body www.weeeblackbox.ie The body responsible for management of sensitive market data and informing producers of their respective market shares.
M Who Can Support You? Robert McDonagh Mason Hayes+Curran Solicitors South Bank House Barrow Street Dublin 4 Ireland Tel: +353 1 614 5000 Fax: +353 1 614 5001 E-mail:
[email protected] Web site: www.mhc.ie • Key activities Advice on Irish and European law. • WEEE-related support they can offer By providing legal advice and assistance in relation to the WEEE Directive and RoHS Directive as implemented into Irish law. • Further information www.mhc.ie
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Italy
A The National WEEE Legislation Both WEEE and RoHS Directives were transposed into national law by the Legislative Decree no 151 of 25 July 2005, coming into effect on 13 August 2005. But the implementation of the decree’s regulations missed almost 2 years. • Which authority is responsible for the implementation of the directive into national law? The Ministry of the Environment jointly with the Ministry for the Economic Development.
B Critical Definitions • “Producer” The Art. 3, point 1, letter m) states that the “producer” is any party who, irrespective of the selling technique used, including by means of distance communication in accordance with Legislative Decree No. 185 of 22 May 1999, and subsequent amendments 1) manufactures and sells electrical and electronic equipment under its own brand; 2) resells under its own brand equipment produced by other suppliers, a reseller not being regarded as the “producer” if the brand of the producer appears on the equipment, as provided for in point (1);
K & L Italia Note: Underlined sections are not in line with the WEEE Directive and/or the FAQ Document of the European Commission (http://ec.europa.eu/environment/waste/pdf/faq_weee.pdf). However, this does not mean that the national law violates European law. The discrepancies are part of the range of applications given to the national authorities by the WEEE Directive.
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3) imports or is the first to introduce, within the national territory, electrical and electronic equipment as part of a business operation and markets it, including through the use of distance selling; 4) any party that produces electrical and electronic equipment for export only is a producer only for the purposes of articles 4, 13 and 14. For the purposes of this decree any party providing financing solely under or pursuant to a finance agreement is not deemed to be a “producer”, unless it acts as a producer pursuant to points 1, 2 and 3. • “Place/put on the market” Regarding the WEEE legislation, to “place on the market” is meant to be interpreted as “put on the national market”. • “Historical” and “new” waste According to Art. 11 and 12 of Legislative Decree151/05, historical waste is waste from products put on the national market before 13 August 2005, while new waste is waste from products put on the market after that date. But this date was postponed till 1 January 2007. • Household (B2C) and non-household (B2B) Art. 3, paragraph 1, letter o) of 151/05 Legislative Decree defines as “WEEE from private households” the WEEE which comes from private households and from commercial, industrial, institutional and other sources similar to waste produced by private households in terms of quantity and type; Art. 3, paragraph 1, letter p) of 151/05 Legislative Decree defines as “Business WEEE” the WEEE produced by administrative and economic activities, other than that in letter o).
C The National Scope of WEEE “Electrical and electronic equipment” or “EEE” means equipment which is dependent on electrical currents or electromagnetic fields in order to work properly and equipment for the generation, transfer and measurement of such currents and fields falling under the categories set out in Annex IA and designed for use with a voltage rating not exceeding 1,000 V for alternating current and 1,500 V for direct current (151/05 Legislative Decree, Art. 3, paragraph 1, letter a). • Who is responsible for a correct categorization into the 10 WEEE categories and the national types of equipment? What are the criteria? The producer is responsible for a correct categorization. The 151/05 Legislative Decree reports the list of the 10 WEEE categories in Annex 1A. No guidance defined yet. • The national types of equipment The 151/05 Legislative Decree reports the list of type of equipment in Annex 1B, which has to be considered as an illustrative and non-exhaustive list. No guidance defined yet.
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• How to distinguish components and finished products? Components, subassemblies and consumables do only fall within the scope of the 151/05 Legislative Decree when they are an integral part of the product at the time the decision is taken to discard it (Art. 3, paragraph 1, letter b) definition of “WEEE”). • Do fixed installations fall within the scope of the national WEEE? Fixed installations are not expressly excluded from the scope of the 151/05 Legislative Decree. The only fixed installations being excluded from the national WEEE arelarge-scale stationary industrial tools (category 6).
D National Timelines National timelines exist for. . . Registration: start and/or due date?
Until the end of September 2007
Labelling
Initially 13 August 2005, but has been postponed to the publication of the sub-decree regarding the Register, Coordination Centre, and Vigilance and Control Committee Not applicable October 2007
Joining a Compliance Scheme (CS) Start of the take-back system
E The National Registration Body Producers will have to register through the Chamber of Commerce in their region. • Who is obliged to register? Producers as defined by the decree. A separate section of the Register will be dedicated to compliance schemes which have to register as well. • What are the prerequisites for registration? Not yet defined. • How can you register and in which language? Not yet defined. Probably only online and in Italian. • Fees for registration There will be a fee which will cover the costs for registration and for the activities carried out by the Control and Vigilance Committee and the Addressing Committee activities. The amount has not been fixed yet. • National WEEE registration number The producer will receive a registration number, which has to be included in all commercial transaction documents.
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F Data Required for Registration • Company Data Not applicable • Product Data According to the 151/05 Legislative Decree producers have to report to the Register on an annual basis the quantity and categories of electrical and electronic equipment put on the market, collected through all channels, reused, recycled and recovered, without prejudice to current legislation on industrial secrecy, as well as the indications relating to the financial guarantee provided for under this decree (Art. 13, paragraph 6). Further details will be specified through the Register, Addressing Committee and the Coordination Centre sub-decree. • Guarantee Data Not applicable • Data on recycling partners/compliance schemes Not applicable
G The Financial Guarantee The Decree 151/05 Legislative Decree foresees that companies have to provide financial guarantees for 1 future WEEE from households 2 future WEEE form users other than households The relevant articles are mentioned below. “Art. 11.2. In order to guarantee the financing of the WEEE management system indicated under paragraph 1, the producer will provide, at the time of placing electrical or electronic equipment on the market, a suitable financial guarantee, as provided for under article 1 of Law no. 348 of Law 10 June 1982, or equivalent means, which do not entail new or higher costs or reduced revenues for public finance, defined by decree of the Minister of the Environment and territorial protection, in concert with the Ministers of production, economy and finance, within 6 months from the date this decree enters into force.” “Art.12.5. To guarantee the financing of the non-domestic WEEE management system indicated under paragraphs 1 and 2, the producer will provide, at the time of placing the electrical or electronic equipment on the market, a suitable financial guarantee, as provided for under Article 1 of Law no. 348 of Law 10 June 1982, or use equivalent means defined by the decree specified in Article 11, paragraph 2.” Note : A financial guarantee is not required in Italy when joining a Compliance Scheme (CS). Joining a CS for the management of historical waste is considered a “guarantee” in itself.
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• Requirements for the financial guarantee Not yet defined. • The guarantee amount is calculated as follows: Not yet defined. • The following types of guarantees are available: Law 10 June 1982 No. 348, Article 1 says that a guarantee in favour of the state or any other public entity can take the form of – securities (Fondo vincolato-garantito anche in caso di fallimento); – bank guarantees (fideijussione bancaria); – an insurance policy from an entity duly authorized and running its business within Italian territory (polizza assicurativa).
H Foreign Producers • Are foreign companies not represented by a local legal entity regarded as “producers”? No. • Can foreign companies not represented by a local legal entity register as “producers”? No. Foreign companies selling their EEE through Italian distributors can only register through an Italian representative. • Can foreign companies use the “agent model”? No.
I Labelling Producers are responsible for ensuring that electrical and electronic equipment covered by this decree and put on the market after 1 January 2007 contains a clearly visible and indelible indication identifying the producer and the symbol illustrated in Annex 4 of the 151/05 Legislative Decree (underlined crossed-out wheelie bin; note: the bin symbol does not contain the bold bar!). A further decree of the Ministry of Environment, in concert with the Ministry of Industry, has the task to define the procedures for identifying the producer, in accordance with community regulations.
J Reporting Producers have to submit reports annually. They must report the quantities of EEE marketed, collected and treated by category.
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• How often do you need to report? Each year. • How can you submit the reporting? Not yet defined. Most probably the reports need to be submitted exclusively online.
K The National Recycling Market The recycling market has a competitive structure coordinated by the “Centro di Coordinamento”. Up to now no particular requirements are laid down for operating the compliance schemes. Waste management transporters and recyclers must apply for licenses issued by the authorities and update them for the management of WEEE (Details at Article 8 of 151/05 Legislative Decree). • Existing Compliance Schemes are the following: Ecodom – Corso Italia 39 – 21047 Saronno (VA) – www.ecodom.it Ecolamp – Via Traiano 7 – 20124 Milano – www.ecolamp.it Ecolight – www.ecolight.it Ecoped – www.anie.it Ecor’it – Viale Fulvio Testi n.128 – 20092 Cinisello Balsamo (MI) – www.ecorit.it European Recycling Platform – www.erp-recycling.org ReMedi@ – Via Valla 16 – 20124 Milano – www.consorzioremedia.it Ridomus – www.anie.it Valere (B2B only) – www.valere.it • Do these Compliance Schemes also accept foreign producers as members, i.e. in connection with the “agent model”? Not clarified yet.
L Where Can You Find Further Information? www.anie.it www.ecoqualit.it
M Who Can Support You? Alberto Canni Ferrari K & L GmbH Via Fratelli di Dio 2/C 20063 Cernusco sul Naviglio (MI) E-mail:
[email protected]
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Italia www.kl-cc.it Tel: +39 02 92147916 Fax: +39 02 92147917 • Key activities Consultancy activity on WEEE, RoHS, waste management and packaging Italian legislation. • WEEE-related support they can offer Support in WEEE and RoHS implementation.
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Latvia
A The National WEEE Legislation The WEEE Directive has basically been implemented into Latvian law. However, from an operational point of view the implementation is by far not over, as the practical functioning of the WEEE system is not fully provided for by applicable legal acts. The table below provides an overview of legislative acts aimed at transposing the WEEE Directive into Latvian legislation.
Title
Entered into force on
Waste Management Act Government Regulation no. 923: Rules of Management of Waste Electrical and Electronic Equipment (WEEE Management Regulation) Government Regulation no. 624: Rules of the Categories of Electrical and Electronic Equipment (EEE Categories Regulation) Government Regulation no. 736: Rules of Labelling and Information Rendering of Electrical and Electronic Equipment (EEE Labelling Regulation) Natural Resources Tax Act Government Regulation no. 1002: Procedure of the Registration of EEE Producers (Registration Regulation)
01 March 2001 14 November 2004
01 August 2004
28 August 2004
1 January 2006 7 January 2006
Government Regulation no. 723: Rules on the Restriction of Chemical Substances in Electrical and Electronic Equipment (RoHS Regulation), aimed at implementing the RoHS Directive, is in force as of 20 August 2004. • Which authority is responsible for the implementation of the directive into national law?
SORAINEN LAW OFFICES
E. Westkämper et al. (eds.), National Registration for Producers of Electronic Waste, C Springer-Verlag Berlin Heidelberg 2009 DOI 10.1007/978-3-540-92746-4_16,
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In accordance with the Waste Management Act, the Latvian Environment Ministry is authorized to initiate legal acts regulating waste management and monitor compliance with the prescribed requirements, to draft regulatory enactments for the establishment and supervision of waste management facilities and monitor their implementation. Ministry’s address: Peldu street 25, Riga, LV-1494, Latvia Tel: (+371) 7026418 Fax: (+371) 7820442 E-mail:
[email protected]
B Critical Definitions • “Producer” Section 20.21 of the Waste Management Act: Producer of EEE means any person who, irrespective of the selling technique used, including by means of a distance contract (i) manufactures and sells electrical and electronic equipment under his own brand; (ii) resells under his own brand equipment produced by other suppliers, with an exception if the brand of the producer also appears on the equipment; or (iii) imports or exports electrical and electronic equipment within the scope of its business activities. • “Place/put on the market” The Latvian WEEE legislation does not define the phrase “put on the market”. Representatives of the Environmental Ministry, who generally confirm that WEEE legislation does not provide an explicit definition of the phrase “put on the market”, indicate that the understanding of the phrase “put on the market” should be related to actual commercial transactions with the relevant product in the Latvian market. For example, offering the relevant product to customers in Latvia. • “Historical” and “new” waste In general, WEEE legislation does not provide a definition of historical WEEE. However, the Waste Management Act imposes a general obligation upon all EEE producers to cover the costs of waste management for private household EEE put on the market after 13 August 2005 (Section 20.52.3 of the Waste Management Act). The act also provides that users of non-household EEE put on the market prior to 13 August 2005 will cover the costs of waste management for such EEE at their own expense. Exceptions to this rule apply if a producer of non-household EEE replaces the non-household EEE with new identical equipment or new equipment that has equivalent functions. In this case the producer but not the user is the one
C
The National Scope of WEEE
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who shall cover the costs of the management of WEEE (Section 20.52.4 of the Waste Management Act). • Household (B2C) products and non-household (B2B) products According to Section 20.13, household electrical and electronic equipment waste (B2C) is electrical and electronic equipment produced in households or elsewhere that in terms of its nature and quantity is comparable to electrical and electronic equipment waste produced in households. The Latvian WEEE legislation does not provide a definition for B2B WEEE. Anyhow, it should be noted that the Latvian WEEE rules do not clearly distinguish between various aspects of B2B WEEE and private household WEEE. Therefore, most of the legislative provisions dealing with WEEE refer to both B2B and B2C WEEE.
C The National Scope of WEEE “EEE” means equipment which is dependent on electric currents or electromagnetic fields in order to work properly and equipment for the generation, transfer and measurement of such currents and fields and designed for use with a voltage rating not exceeding 1,000 V for alternating current and 1,500 V for direct current falling under the categories set by the Government of Latvia. “WEEE” means electrical and electronic equipment which is deemed to be waste, including all components, subassemblies and ancillary materials which are part of the relevant equipment at the moment when the equipment becomes waste. • Who is responsible for a correct categorization of 10 WEEE categories and the national types of equipment? What are the criteria? It is the producer’s and/or importer’s responsibility to group their products into the 10 WEEE categories and subcategories. Producers and/or importers fulfil this obligation at their own discretion and risk. Latvian legislation does not require producers and/or importers to prove the correctness of the categorization of their products into the 10 WEEE categories and subcategories. There are no criteria or guidance notes regarding the categorization of the products into 10 WEEE categories and subcategories. However, according to the Environmental Ministry, the development of such guidance is currently under way. • The national types of equipment The subcategories are laid down in Annex I of the EEE Categories Regulation, which is identical to Annex IB of the WEEE Directive. • How to distinguish components and finished products? Latvian legislation does neither define components nor finished products. • Do fixed installations fall within the scope of the national WEEE? The Latvian WEEE legislation makes no reference to fixed installations.
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The only fixed installations being outside the national WEEE are large-scale stationary industrial tools.
D National Timelines National timelines exist for. . . Registration: start and/or due date? Labelling
Joining a Compliance Scheme (CS) Start of the take-back system
Due date: 6 April 2006 The requirement for producers to mark their EEE with the crossed-out wheeled bin symbol is applicable to EEE put on the market after 13 August 2005 29 June 2006 Not applicable
E The National Registration Body EEE producers can register with the following institution: LETERA (Latvian Electrical Engineering and Electronics Industry Association) Reg. No. 40008010789 Address: Dzirnavu iela 93, R¯ıga, LV-1011, Latvija Tel: 7288360 Fax: 7288390 E-mail:
[email protected] • Who is obliged to register? Entities that fall under the definition of an “EEE Producer” must register. • What are the prerequisites for registration? Theoretically, any foreign-based company, even companies located in another country and without direct presence on the Latvian market, can be treated as producers of EEE and be subject to obligations provided under Latvian WEEE legislation. • How can you register and in which language? Registration is possible both by actual submission of documents and electronically. The documents for registration have to be submitted in Latvian language. • Fees for registration There is no fee charged for the registration of EEE producers with the register. • National WEEE registration number Registered EEE producers do not receive a WEEE registration number.
H Foreign Producers
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F Data Required for Registration • Company Data The Waste Management Law stipulates that producers and importers of EEE must provide state authorities with the following information when registering: 1. information on the company, including company name, legal address, company identification number; 2. information regarding EEE put on the internal Latvian market and its amount; and 3. other information required by the government or its authorized institution. The Registration Regulation also requires producers and importers to provide information about the organizational structure of the EEE producer. • Product Data Information regarding the EEEs put on the Latvian market, its amount and the category of EEE. • Guarantee Data Guarantee data are not directly part of the registration process unless the management of WEEE is made by a collective management scheme. In that case an agreement between EEE producer and such a scheme is submitted and replaces a financial guarantee. • Data on recycling partners/compliance schemes For registration it is not required to provide any recycling data and/or information on compliance schemes.
G The Financial Guarantee It is provided that all producers of EEE, which have not contracted with a certified recycling scheme for WEEE management, are required to provide a bank guarantee or civil liability insurance as security for fulfilling the operations of the management of WEEE.
H Foreign Producers • Are foreign companies not represented by a local legal entity regarded as “producers”? Theoretically, any foreign-based company, even companies located in another country and without direct presence on the Latvian market, can be treated as producers of EEE and be subject to obligations provided under Latvian WEEE legislation.
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Unfortunately, the definition of EEE producers does not consider the complexity of global economy and possible unavailability of any means to enforce the Latvian WEEE legislation against foreign producers due to their non-presence on the territory of Latvia. In the opinion of various experts, and from a practical point of view, it is relevant which entity (distributor) is the one that puts EEE products on the Latvian market, as that entity is most likely to be deemed to be a producer within the scope of WEEE legislation being therefore obliged to fulfil the requirements provided in Latvian legislation. The Environmental Ministry broadly supports this view. Moreover, the Latvian Registration Regulation provides a registration application form which requires providing a registration number of the register of companies. The regulation does not expressly refer to the “Latvian” register of companies; however, so far a reference made to the register of companies in other legal acts has always meant the Latvian register of companies unless expressly indicated otherwise.
I Labelling The producers and distributors of EEE must provide the following information to consumers through their web sites, selling sites and household EEE manuals:1 – meaning of the symbol below;
– possibilities of returning WEEE (take back system); – necessary operations to facilitate reuse, recovery and recycling of WEEE; – potential impact of the hazardous substances contained in EEE on environment, human life and health.
J Input Reporting Producers of EEE or companies concerned with the management of WEEE are required to submit the following quarterly reports: 2
1 Section
3 of EEE Labelling Regulation. 18, 19 and 20 of WEEE Management Regulation.
2 Sections
K The National Recycling Market
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a) Report on weight and number of EEE offered in the Latvian market, weight of separately collected WEEE and weight of WEEE processed in Latvia or carried out from Latvia for the processing purposes. b) Report on weight and number of reused, recovered and recycled EEE. c) Report on number and weight of EEE distributed in markets of other countries, if the producer of EEE supplies EEE via distance selling. • How often do you need to report? On a quarterly basis. • How can you submit the reporting? Reporting is generally done in written form.
K The National Recycling Market The waste disposal market in Latvia has competitive structures. The following most evident legal entities participate in the WEEE disposal market: 1. Latvijas Zae˛ais Elektrons Joint stock company called Latvijas Zae˛ais Elektrons, reg. no. 40003711854, one of the founders of which is Association of Computer Technologies of Latvia (LDTA). A/s “Latvijas Zae˛ais Elektrons” R¯upniec¯ıbas iela 23 Riga, Latvia Tel: +371 7320628 Fax: +371 7320681 E-mail:
[email protected] Web site: www.lze.lv Contact person: Uldis V¯ıte E-mail:
[email protected] 2. Latvijas Elektrotehnisk¯a Apsaimniekošana A limited liability company called Latvijas Elektrotehnisk¯a Apsaimniekošana, reg. no. 40003755416. One of its founders is A/s “BAO” (www.bao.lv), a company which specializes in fully integrated hazardous waste management services. Latvijas Elektrotehnisk¯a Apsaimniekošana Brun˛inieku iela 12-9 Riga, Latvia Tel: +371 6782505 Fax: +371 7339278 Contact person: Beata Bietaga E-mail:
[email protected]
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3. Latvijas Zae˛ais Punkts Joint stock company called Latvijas Zae˛ais Punkts, reg. no. 000347589. A/s “Latvijas Zae˛ais Punkts” Bazn¯ıcas iela 20/22 Riga, Latvia Tel: +371 7039810 Fax: +371 7039811 E-mail:
[email protected] Web site: www.zalais.lv Contact person: Kaspars Zakulis E-mail:
[email protected] • Do these Compliance Schemes also accept foreign producers as members, i.e. in connection with the “agent model”? The matter must be negotiated with each of the compliance schemes individually.
L Where Can You Find Further Information? http://www.vidm.gov.lv/ – The Ministry of Environment of Latvia.
M Who Can Support You? Mr. Edgars Koskins, Associate SORAINEN LAW OFFICES Kr. Valdem¯ara street 21, Riga, LV-1010, Latvia Tel: +371-7365-000 Fax: +371-7365-000 E-mail:
[email protected] • Key activities Sorainen Law Offices is one of the leading Baltic law firms, with more than 70 lawyers, including 9 partners, in its three offices, located in each of the Baltic capitals. Many lawyers of the firm are widely recognised experts in their areas of practice. Sorainen Law Offices Riga provides legal services in the key areas of Latvia, EU and international business law. • WEEE-related support they can offer Legal consulting, support and assistance in dealing with local partners and national authorities. • Further information www.sorainen.com
Lithuania
A The National WEEE Legislation Work on the transposition of the WEEE Directive began in early 2004. The main WEEE provisions are defined in an amendment to the Waste Management Law whose provisions related to the implementation of the WEEE Directive came into force on 1 January 2006, complemented by several implementing orders: 1. 2. 3. 4. 5.
Law X-275 – Amendment of Waste Management Law, 6/05 Order D1-481 – WEEE Management Rules 9/04, amended 8/05 Order D1-555 on Registration, 11/05 Resolution No 61 on Financial Guarantee, 1/06 Order D1-57 on Licensing of Producer Organisations, 2/06
• Who is designated to enforce the law? The Ministry of the Environment Jaksto 4/9, Vilnius LT - 01105 Tel: +370 5 2663659 Fax: +370 5 2663663 E-mail:
[email protected] Web site: www.am.lt
SORAINEN LAW OFFICES Note: Underlined sections are not in line with the WEEE Directive and/or the FAQ Document of the European Commission (http://ec.europa.eu/environment/waste/pdf/faq_weee.pdf). However, this does not mean that the national law violates European law. The discrepancies are part of the range of applications given to the national authorities by the WEEE Directive.
E. Westkämper et al. (eds.), National Registration for Producers of Electronic Waste, C Springer-Verlag Berlin Heidelberg 2009 DOI 10.1007/978-3-540-92746-4_17,
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B Critical Definitions • “Producer” The definition of “producer” under Lithuanian law is not the same as the definition in the WEEE Directive. Unlike the WEEE Directive definition, the Lithuanian legislation distinguishes between “producers” and “importers”. The definition of producer, contained in Article 2.18 of the Law on Waste Management, reads as follows: Producer – a person who has registered its activity in accordance with the laws of the Republic of Lithuania, and who in the territory of the Republic of Lithuania produces oil, vehicles, electrical and electronic equipment, and (or) packages the products. The definition of an importer reads as follows: Importer – a person who has registered its activity in accordance with the laws of Republic of Lithuania and who imports and/or brings into the territory of Lithuania from other European Union member states oil, vehicles, electrical and electronic equipment, taxable products and other packaged products. Despite their separate definitions, the Law on Waste Management applies equally to both “producers” and “importers”. • “Place/put on the market” The Law on Waste Management does not explicitly define the phrase “put on the market”. The Rules on Registration of Producers and Importers provide the following definition of “put on the market”: – the transfer of EEE produced in Lithuania for or without remuneration to any other person in the Republic of Lithuania or using EEE for the producer’s needs; – the transfer of EEE imported and/or brought into the Republic of Lithuania from another member states for or without remuneration to any person in the Republic of Lithuania or using EEE for the importer’s needs; or – the production, import and/or bringing of EEE of a company under liquidation or reorganization and not transferred to another person from other member states. • “Historical” and “new” waste In accordance with the Law on Waste Management, “historical waste” is waste put on the national market before 13 August 2005, whereas “new waste” is waste from products put on the national market after that day. • Household (B2C) and non-household (B2B) products The Law on Waste Management uses the same definition in Article 2.31 as the WEEE Directive for “WEEE from private households”: It is WEEE which comes from private households or from commercial, industrial, institutional and other sources which, because of its nature and quantity, is similar to that from private households. All other WEEE is non-household WEEE.
D
National Timelines
163
The producer and/or importer at its own discretion and risk has to classify its products, i.e. determine the correct category of B2C or B2B products.
C The National Scope of WEEE The definition of WEEE is generally consistent with the WEEE Directive. • Who is responsible for a correct categorization into the 10 WEEE categories and national types of equipment? What are the criteria? It is the producers’ and/or importers’ responsibility to determine the categorization of their products into 10 WEEE categories and subcategories. Producers and/or importers exercise this obligation at their own discretion and risk. There are no criteria for the categorization or guidance notes regarding the categorization of products into the 10 WEEE categories and subcategories. • The national types of equipment The subcategories are laid down in Annex I of the Rules on WEEE Management, which is identical to Annex IB of the WEEE Directive. • How to distinguish components and finished products? Lithuanian legislation does not define either components or finished EEE products. • Do fixed installations fall within the scope of the national WEEE? Neither the Law on Waste Management nor the Rules on WEEE Management refer to fixed installations. But the Rules on WEEE Management exempt large-scale stationary industrial tools as provided in Annex I, Category 6.
D National Timelines
National timelines exist for. . . Registration: start and/or due date?
Labelling
Joining a Compliance Scheme (CS) Start of the take-back system
According to the Rules on Registration of Producers and Importers the deadline to register with the Regional Department of Environmental Protection under the Ministry of Environment was set for 31 March 2006. For EEE put on the Lithuanian internal market after 31 March 2006, the deadline to register is 31 March of the next calendar year The marking requirement (with the crossed-out wheeled bin symbol) is applicable to EEE that is put on the Lithuanian market after 13 August 2005 Not applicable 31 March 2006
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E The National Registration Body The national registry that is a digest of the Registration of Producers and Importers (“Gamintoju˛ir importuotoju˛registravimo sa˛vadas”) is administered by the Environmental Protection Agency under the Ministry of Environment. However, producers and importers should register with the Regional Department of Environmental Protection that supervises the territory where producers and importers have their registered offices. There are eight Regional Departments of Environmental Protection in Lithuania: 1. Vilnius Regional Department of Environmental Protection – Address: A. Juozapaviˇciaus g. 9, LT-09311, Vilnius, Lithuania; 2. Kaunas Regional Department of Environmental Protection – Address: Rotuš˙es a. 12, LT-44279, Kaunas, Lithuania; 3. Klaip˙edos Regional Department of Environmental Protection – Address: Birut˙es g. 16, LT-92003, Klaip˙eda, Lithuania; 4. Marijampol˙e Regional Department of Environmental Protection – Address: S. Dariaus ir S. Gir˙eno g. 4, LT-68176, Marijampol˙e, Lithuania; 5. Panev˙ežys Regional Department of Environmental Protection – Address: Žvaigždžiu˛ g. 7, LT-37109, Panev˙ežys, Lithuania; 6. Šiauliai Regional Department of Environmental Protection – Address: ˇ M.K. Ciurlionio g. 3, LT-76303, Šiauliai, Lithuania; 7. Utena Regional Department of Environmental Protection – Address: Metalo g. 11, LT-28217, Utena, Lithuania; and 8. Alytus Regional Department of Environmental Protection – Address: Kauno g. 69, LT-62107, Alytus, Lithuania. • Who is obliged to register? Producers and importers that put EEE on the Lithuanian internal market must register. • What are the prerequisites for registration? Following the definition of producer and importer set out in the Law on Waste Management, a person who has registered its activity in accordance with the laws of the Republic of Lithuania and produces, imports and/or brings EEE into the territory of Lithuania from other member states should register with the digest. The Rules on the Registration of the Producers and Importers explain that foreign producers and importers performing commercial activity through their representation office, branch office or other distance office or permanent basis in Lithuania should also register with the digest. • How can you register and in which language? The Rules on Registration of Producers and Importers provide users with the standard application form for registration called “Application of Electronic Registration” (Application) and the standard “Questionnaire for Registering Producers and Importers with the Digest” (Questionnaire).
F
Data Required for Registration
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According to the Rules on Registration of Producers and Importers, the application can be submitted via Internet but the Questionnaire should be submitted in written form. The documents for registration with the Digest of Producers and Importers have to be submitted in Lithuanian language. • Fees for registration There is no fee charged for the registration of producers and importers with the Digest of Producers and Importers. • National WEEE registration number Producers or importers having registered with the Digest of Producers and Importers do not receive a registration number.
F Data Required for Registration • Company Data The Waste Management Law establishes that producers and importers of EEE must provide state authorities with the following information when registering: 1. information on the company, including company name, legal address, company identification number, telephone, fax, and e-mail address; 2. information regarding EEE put on the Lithuanian internal market and its amount (in tons); 3. documents proving that the company will finance all its WEEE; and 4. other information required by the government or its authorized institution. The Rules on Registration of Producers and Importers also require producers and importers to provide information about the organizational structure of the producer or importer. The registration requirements for producers and importers of EEE came into force on 1 January 2006. • Product Data The following information on product data and quantities has to be submitted for registration with the Digest of the Registration of Producers and Importers: 1. information regarding EEE put on the Lithuanian internal market and its amount in tons; 2. the category of EEE, the amount (in tons) that is planned to be put on the Lithuanian internal market and the factual amount (in tons) put on the Lithuanian internal market. • Guarantee Data The Rules on Registration of Producers and Importers also require producers and importers to provide original documentation evidencing that the management of all
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their WEEE will be financed, except in case the producer or importer is a member or founder of a licensed organization of collective WEEE management. In this case the producer or importer provides an “agreement with a licensed organization” to prove that the management of all their WEEE will be financed. The registration questionnaire requires indicating the type of document that ensures the financing of the WEEE management. In addition, it is necessary to indicate the amount of EEE that is planned to be put on the Lithuanian internal market. • Data on recycling partners/compliance schemes There is no requirement to provide any data on recycling or compliance schemes for registration. Only if the producer or importer is a member or founder of a licensed organization of collective WEEE management, they shall provide an “agreement with a licensed organization” to prove the financing of WEEE management.
G The Financial Guarantee According to the Law on Waste Management producers and importers have to provide guarantees both for B2B and B2C products. According to the Law on Waste Management and WEEE Management Financing Rules, a document proving that the management of all WEEE of the producers and importers will be financed may take the following forms: 1. bank guarantee ensuring the fulfilment of the WEEE management task for the current year; 2. surety agreement concluded between EEE producer or importer and another legal person, ensuring the fulfilment of the WEEE management task for the current year; 3. surety insurance agreement concluded between EEE producer or importer and insurer, ensuring the fulfilment of the WEEE management task for the current year; 4. agreement or other document proving the participation in the organization of producers and importers ensuring that the WEEE management will be financed; 5. three-party agreement concluded between producer or importer of non-private household EEE, holder of non-private household EEE, and WEEE treatment company ensuring the management of WEEE. • Requirements for the financial guarantee The guarantee or other documentation evidencing that the management of the WEEE will be financed must include the amount of EEE (in tons) that is planned to be put on the Lithuanian internal market, WEEE management conditions and the sum needed for the WEEE management. It must also include the guarantee duration period (it must be valid at least until 1 April of the following year).
H Foreign Producers
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In case of a surety insurance agreement or surety agreement, it must include the clause that, in case the EEE producer or importer fails to fulfil his/her WEEE management tasks or finance the management of this waste, the sums referred to in the surety insurance agreement or surety agreement are exacted from the assets of the warrantor. It must also include clear warrantor’s waiver from the right to demand that the sums are exacted from the assets of the person for whom he/she stood the surety. • The guarantee amount is calculated as follows: Pursuant to the Licensing Rules a bank guarantee, surety or surety insurance agreement should specify the amount of financial means necessary to manage new private household WEEE for the specific producer or importer ensuring that the WEEE management task for him set out by the Lithuanian Government for the current calendar year will be met. This amount has to be calculated taking into account the amount of WEEE to be managed during the current calendar year pursuant to the WEEE management task and the amount (in tons) of WEEE intended to be put on the Lithuanian market during the calendar year by the producer or importer and the tariffs applicable for the specific category of EEE set by the Licensing Rules. The Licensing Rules set out the tariffs for each category of EEE, as described by Annex 1A of the WEEE Directive, per ton for obtaining bank guarantee, concluding surety agreement or surety insurance agreement:
Category of EEE 1. Large household appliances 2. Small household appliance 3. IT and telecommunications 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 devises (with the exception of all implanted and infected products) 9. Monitoring and control instruments 10. Automatic dispensers
Tariff per ton in LTL 2,300 2,300 2,500 2,400 6,700 2,200 2,400 2,200 2,500 2,300
H Foreign Producers • Are foreign companies not represented by a local legal entity regarded as “producers”? Following the definition of producers and importers set out in the Law on Waste Management, a person who has registered its activity in accordance with the laws of
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the Republic of Lithuania and produces, imports and/or brings EEE into the territory of Lithuania from other member states should register with the digest. The Rules on the Registration of the Producers and Importers explain that only foreign producers and importers performing commercial activity through their representation office, branch office or other distance office or permanent basis in Lithuania should also register with the digest. • Can foreign companies use the “agent model”? No.
I Labelling Pursuant to the Rules on WEEE Management, producers and importers must mark the EEE they put on the market after 13 August 2005 with the following information addressed to users: – the crossed-out wheeled bin symbol and its meaning;
– a symbol identifying the producer or importer; and – a mark that the EEE was put on the market after 13 August 2005. Pursuant to the Rules on WEEE Management, producers and importers must provide users with the following information: – information about the requirement to separately collect WEEE and not to dispose of it together with other communal waste; – information about current WEEE collection systems and how to make use of them; – information about the rights and obligations of society to contribute to the reuse, recycling and other types of usage of WEEE, and – information about the potentially adverse effects of dangerous substances contained in EEE on the environment and human health.
J Input Reporting
169
J Input Reporting The Law on Waste Management and the Rules on WEEE Management establish periodic reporting obligations. Producers, importers and WEEE treatment facilities are required to submit periodic reports to the environmental authorities. However, the Law on Waste Management allows producers and importers of EEE to transfer the reporting obligation to a collective organization of producers and importers of EEE established in accordance with legal requirements. • How often do you need to report? Information must be submitted annually. Pursuant to the Rules on Registration of Producers and Importers, producers and importers must provide the completed third section of the Questionnaire (regarding the planned and actual amount of EEE put on the Lithuanian internal market during the previous calendar year) to the Regional Department of Environmental Protection after the end of the calendar year, but no later than 31 January of the following year. The first annual report for the year 2006 must be submitted by 1 March 2007. Pursuant to the Rules on WEEE Management, treatment facilities and all their separate branches, representative offices or other functional units with permanent head offices are required to submit the following annual reports separately by 1 March of the subsequent year: 1. report on collected, treated, used, re-used and/or recycled WEEE in Lithuania (figures must be in tons and in accordance with the categories of WEEE); 2. report on collected, treated, used, re-used and/or recycled WEEE in other EU member states (figures must be in tons and in accordance with the categories of WEEE); and 3. report on collected, treated, used, re-used and/or recycled WEEE in countries outside the EU (figures must be in tons and in accordance with the categories of WEEE). If WEEE was treated, used, re-used and/or recycled outside of Lithuania, the report must also contain the following: 4. transporting control forms approved by Decree No. 53 of the Minister of Environment of 30 January 2003 and completed according to the requirements of Council Regulation 259/93/EC of 1 February 1993 on the supervision and control of shipment of waste within, into and out of the European Community; and 5. copy of the contract with the treatment facility treating, using, re-using and/or recycling WEEE. • How can you submit the reporting? Pursuant to the Rules on Registration of Producers and Importers, the completed third section of the Questionnaire regarding the planned and actual amount of EEE put on the Lithuanian internal market during last calendar year has to be submitted in writing.
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Lithuania
Because the Rules on WEEE Management require that annual reports be signed by the manager of the treatment facility, it is presumed that annual reports must be submitted to the environmental authorities in paper form. Annual reports must be submitted to the Regional Department of Environmental Protection responsible for the territory in which the head office of the treatment facility is located.
K The National Recycling Market The waste disposal market in Lithuania is competitive. The following most evident legal entities participate in the WEEE disposal market: At the moment, the association of “Infobalt EPA” is the only collective organization responsible for WEEE disposal. Association “Infobalt EPA” Legal address: Žemait˙es g. 21, LT-03118, Vilnius, Lithuania Contact person: Mr. Edgaras Kriukonis, Managing Director Tel: +370 600 16488 UAB Elektroniniu˛ mašinu˛ perdirbimas is an individual company responsible for WEEE disposal. |UAB Elektroniniu˛mašinu˛perdirbimas Legal address: Galin˙es km, Avižieniu˛ sen., Vilniaus raj. Lithuania Contact person: Mr. Almontas Kybartas, Managing Director Fax: +370 5 246 9530 Tel: +370 5 243 7153 E-mail:
[email protected] Web site: www.emp.lt UAB Kuusakoski is an individual company responsible for waste disposal. UAB Kuusakoski Legal address: Minijos str. 162 LT-5804 KLAIPEDA Contact person: Paulius Juška Tel: +370 46 397 040 Fax: +370 46 397 050 E-mail:
[email protected] Web site: www.kuusakoski.com • Do these Compliance Schemes also accept foreign producers as members, i.e. in connection with the “agent model”? No.
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L Where Can You Find Further Information? www.am.lt – Ministry of Environment of Lithuania
M Who Can Support You? Mr. Marius Urbelis, Attorney-at-Law, Senior Associate Mr. Sergejs Trofimovs, Associate SORAINEN LAW OFFICES Jogailos Str. 4, LT-01116 Vilnius, Lithuania Tel: +370-5 2685 040 Fax: +370-5 2685 041 E-mail:
[email protected] • Key activities Sorainen Law Offices is one of the leading Baltic law firms, with more than 70 lawyers, including 9 partners, in its three offices, located in each of the Baltic capitals. Many lawyers of the firm are widely recognized experts in their areas of practice. Sorainen Law Offices Vilnius office provides legal services in the key areas of Lithuanian, EU and international business law. • WEEE-related support they can offer Legal consulting, support and assistance in dealing with local partners and national authorities. • Further information www.sorainen.com
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Luxembourg
A The National WEEE Legislation The Grand-Duke’s Decree of 18 January 2005 transposed the WEEE and RoHS Directives into Luxembourg law, coming into force in April 2004. The producer obligation to take back WEEE was postponed from 13 August 2005 to 1 April 2006 by an amendment to the regulation in December 2005. • Which authority is responsible for the implementation of the directive into national law? Ministère de l’Environnement 18, Montée de la Pétrusse L – 2918 Luxembourg No de TVA: LU1140 1607 Tél: +352 478-6824 Fax: +352 40 04 10 Web site: http://www.environnement.public.lu/
B Critical Definitions • “Producer” “Producer” is any person who, regardless of the sales technique used, including tele-marketing, as described in the legislation applicable hereto
Ecotrel asbl Note: Underlined sections are not in line with the WEEE Directive and/or the FAQ Document of the European Commission (http://ec.europa.eu/environment/waste/pdf/faq_weee.pdf). However, this does not mean that the national law violates European law. The discrepancies are part of the range of applications given to the national authorities by the WEEE Directive.
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(i) manufactures and sells electrical and electronic equipment under his own brand name; (ii) resells equipment under his own brand name produced by other suppliers, the retailer not having to be considered as a “producer” if the producer’s brand name appears on the equipment as provided for in point (i); or (iii) imports or exports electrical or electronic equipment on a professional basis. Any person who is established in another state and directly supplies EEE on a commercial basis to a user in Luxembourg gets the same status as a producer. Any person who exclusively provides financing on the basis of or in accordance with a financing contract is not considered as a “producer” unless that person also acts as a producer as described in points (i) to (iii). • “Place/put on the market” Commercialization here means the act by which VAT is payable for the first time in Luxembourg or, in other words, when a piece of equipment you have manufactured or imported is purchased. If a foreign supplier is commissioned by one or more Luxembourg importers, he must pay the recycling fee when he exports EEE to Luxembourg. In cases where EEE is purchased from a Luxembourg supplier, the recycling fee is included in the price the buyer pays to the supplier. • “historical” and “new” waste In the amendment adopted in December 2005 the cut-off date for historical waste was shifted from 13 August 2005 to 1 April 2006. Accordingly, WEEE sold before 1 April 2006 is regarded as historical waste. WEEE sold after this date is considered as new waste. • Household (B2C) and non-household (B2B) products According to Art. 3 point k, “WEEE from households” is WEEE coming from households and from commercial, industrial, institutional or other origin which, because of its nature and quantity, is similar to that from households. All other WEEE is considered as B2B.
C The National Scope of WEEE The national WEEE Regulation applies to equipment dependent on electric currents or electromagnetic fields and equipment for generating, transferring and measuring such currents and fields falling under the categories set out in Appendix IA and designed for use with a voltage rating not exceeding 1,000 V AC and 1,500 V DC. • Who is responsible for a correct categorization into the 10 WEEE categories and the national types of equipment? What are the criteria? The producer himself is responsible. The web site of Ecotrel provides a categorization engine: http://www.ecotrel.org/ servlet/Requestor
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• The national types of equipment The web site of Ecotrel mentioned before contains a list of products covered under the national WEEE categories. • How to distinguish components and finished products? The law does not define the terms “components” and “finished products”, so a distinction cannot be made. • Do fixed installations fall within the scope of the national WEEE?‘ A definition for finished products does not exist, but large-scale stationary and permanently installed industrial tools falling under category 6 are not covered by the national WEEE.
D National Timelines National timelines exist for. . . Registration: start and/or due date? Labelling Joining a Compliance Scheme (CS) Start of the take-back system
Start date originally set out for 13 August 2005, but postponed to 1 April 2006 1 April 2006 19 February 2004 1 April 2006
E The National Registration Body There is only one compliance scheme in Luxembourg: Ecotrel asbl BP 482 L-2014 Luxembourg 7, rue Alcide de Gasperi L-1615 Luxembourg (Kirchberg) Tel: (00352) 26098-731 Fax: (00352) 439.450 http://www.ecotrel.org/servlet/Requestor • Who is obliged to register? All producers or importers of EEE and all foreign-based companies which sell these products directly to end-users in Luxembourg. Other foreign companies supplying EEE to Luxembourg importers can also subscribe to Ecotrel on behalf of their clients, if their clients commission them to do so. If a distance seller is located in Luxembourg and exclusively sells directly to private end customers in other EU member states, he is not obliged to register in Luxembourg, but has to confirm in writing to the Luxembourgian register that the company does not put EEE onto the Luxembourgian market.
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• What are the prerequisites for registration? Producers need to have a legal entity in Luxembourg or a mandate from their Luxembourgian importer. • How can you register and in which language? A producer who wants to register only needs to become a member of Ecotrel. Ecotrel then forwards the data of its members to the national authority for registration. • Fees for registration Producers and importers belonging to Ecotrel need to pay a recycling fee to finance Ecotrel’s activities. They must charge their clients for this recycling fee. This means that it is not the producers and importers, but the end consumers who must cover the costs involved with processing WEEE. The recycling fee is not a tax of any kind, but a participation in the cost of processing WEEE. The recycling fee applies to all equipment commercialized in Luxembourg and mentioned in the official list of EEE. As a producer or importer belonging to Ecotrel, the recycling fee is paid at the time when the EEEs are commercialized, as specified in the VAT code. Commercialization refers to the act by which VAT is payable for the first time in Luxembourg, in other words, when a piece of equipment you have manufactured or imported is purchased. As foreign suppliers commissioned by one or more Luxembourg importers, the recycling fee must be paid when exporting EEE to Luxembourg. If EEE is purchased from a Luxembourg supplier, the recycling fee is included in the price paid to the supplier. Information for clients If a client is VAT-liable, the recycling fee must be expressly mentioned to the client. Every time the price of the EEE is indicated (on the order form and/or the invoice and/or the contract, etc.) a reference is made to the fact that a recycling fee has been charged on the EEE and that the client is informed of the amount of the recycling fee, so that he can charge its own clients in turn. At the time of purchase by the final consumer (non VAT-liable), the consumer is charged for the recycling fee. The recycling fee must be visible and feature on marketing brochures and/or labels and/or order forms and/or invoices and/or receipts and/or contracts. Ecotrel accepts that the recycling fee is mentioned on posters at the points of sale. • National WEEE registration number Ecotrel provides member numbers, which, however, need not be listed on the invoices.
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F Data Required for Registration • Company Data Address, contact person, billing address, bank account number (BAN), VAT identification number, categories of EEE, type of firm (producer, importer, distributor, franchiser, trading group), federation (for Luxembourg companies). • Product Data Sales volume for the 10 categories of WEEE. • Guarantee Data Only companies that plan an individual system are required to provide a guarantee. If so, contact the Environment Ministry for further details • Data on recycling partners/compliance schemes Not required.
G The Financial Guarantee Members of Ecotrel need not provide a financial guarantee. Only companies planning an individual system should get in contact with the Environment Ministry for further details. http://www.environnement.public.lu/guichet_virtuel/ GV_dechets/GV_DEEE/index.html The most common form of guarantee is the blocked bank account.
H Foreign Producers • Are foreign companies not represented by a local legal entity regarded as “producers”? Yes, if they deliver directly to Luxembourgian users they are regarded as producers. • Can foreign companies not represented by a local legal entity register as “producers”? Foreign companies supplying EEEs to Luxembourg importers may also subscribe to Ecotrel on behalf of their clients, if their clients commission them to do so. • Can foreign companies use the “agent model”? No.
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I Labelling After 1 April 2006, the crossed-out bin symbol has to be placed on the products, as well as the product label.
J Input Reporting The EEE products have to be classified according to the 10 main categories and 40 sub-categories listed in the declaration form. This declaration form requires producers to submit per sub-category: – the number of appliances put on the Luxembourg market; – the number of appliances for which a refund is payable. • How often do you need to report? Reports to Ecotrel have to be submitted on an yearly basis. The first report had to be submitted by 31 March 2007. • How can you submit the reporting? The reporting must be sent by fax or post.
K The National Recycling Market Only one compliance scheme for producers exists in Luxemburg: Ecotrel asbl. Ecotrel asbl is a non-profit organization and a private initiative of the Electrical Material Wholesalers’ Group (GME) and of the Luxembourg Confederation of Commerce. It closely collaborates with the Chamber of Commerce, the Chamber of Trade and the Skilled Tradesmen’s Federation. • Does this Compliance Scheme also accept foreign producers as members, i.e. in connection with the “agent model”? Yes it does.
L Where Can You Find Further Information? http://www.environnement.public.lu/guichet_virtuel/GV_dechets/GV_DEEE/index. html
M Who Can Support You? Ecotrel asbl BP 482 L-2014 Luxembourg 7, rue Alcide de Gasperi L-1615 Luxembourg (Kirchberg)
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Tel: +352 26098-731 Fax: +352 439.450 • Key activities Ecotrel asbl has been established by Luxembourg importers and producers and takes over their legal obligations regarding the WEEE directive. To this end, Ecotrel has developed a scheme in which producers, importers and also foreign exporters (if they sell directly to end-users in Luxembourg) can join. Ecotrel is also a member of the WEEE Forum. This organization provides information through its web site to companies who want to meet their obligations in the different member states of Europe. • WEEE-related support they can offer Ecotrel is approved by the Minister for the Environment to ensure that the obligations imposed on producers and importers of EEEs under the modified Grand-ducal Regulation of 18/01/05 are met. Ecotrel manages and supports the collection and processing of WEEEs from selective collection points, in accordance with legal requirements. For the surplus, Ecotrel guarantees the recycling of future scrap from appliances commercialized by its members today.
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Poland
A The National WEEE Legislation The WEEE Directive has been transposed by an act on WEEE at the end of July 2005 and entered into force on 20 October 2005. The RoHS Directive was transposed by the Ordinance on Hazardous Substance Restrictions in Electronic and Electrical Equipment, adopted on 6 October 2004, which entered into force on 1 July 2006. • Which authority is responsible for the implementation of the directive into national law? The General Inspector for Environmental Protection (GIEP, www.gios.gov.pl), a central administration agency, is responsible for the overall coordination and monitoring of the take-back and treatment of WEEE.
B Critical Definitions • “Producer” Definition of the term “producer”: A “producer” is an entrepreneur who – manufactures and sells equipment under his own brand; – resells under his own brand equipment produced by other suppliers; – deals with import or intra-community acquisition of equipment. The definition of a producer in the WEEE Directive is slightly different from that contained in the Act on WEEE. There is one notable respect: The WEEE Directive provides expressly that a reseller, who resells under his own brand equipment
Kancelaria Radcy Prawnego Macieja Bobrowicza Note: Underlined sections are not in line with the WEEE Directive and/or the FAQ Document of the European Commission (http://ec.europa.eu/environment/waste/pdf/faq_weee.pdf). However, this does not mean that the national law violates European law. The discrepancies are part of the range of applications given to the national authorities by the WEEE Directive.
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produced by other suppliers, will not be regarded as the producer if the brand of the producer appears on the equipment as provided in sub-point (i) above. This is not implemented in the definition of producer contained in the Polish Act on WEEE. • “Place/put on the market” The Polish WEEE Act only refers to the term “introduction of equipment”. This shall mean the introduction of equipment into the territory of Poland. • “Historical” and “new” waste Historical waste is waste from EEE put on the national market before 13 August 2005. New waste is waste from EEE put on the national market after that day. • Household (B2C) and non-household (B2B) products Whenever WEEE from private households is mentioned in the act, the notion also includes WEEE originating from other sources, which in nature and quantity is similar to that from private households. Source: Art. 3 point 2 of the national WEEE Legislation.
C The National Scope of WEEE Equipment which is dependent on electric currents or electromagnetic fields in order to work properly and equipment for the generation, transfer and measurement of such currents and fields and designed for use with a voltage rating not exceeding 1,000 V for alternating current and 1,500 V for direct current, falling under the categories set out in Annex 1 to the act. • Who is responsible for a correct categorization into the 10 WEEE categories and the national types of equipment? What are the criteria? Responsibility lies with the entity introducing the equipment on the market. If problems arise with categorization, the Materials Recycling Center of Excellence (MRC) is the institution to provide help. The criteria for categorization are listed in the following web site: http://www. mos.gov.pl/odpady/gospodarka_odpadami/zuzyty_sprzet/klasyfikacja_sprzetu.pdf • The national types of equipment The national types of equipment can be found in Annex I of the Polish WEEE Act. • How to distinguish components and finished products? Critical is whether or not the product can serve an independent function (i.e. frequency converters, RFID). Consequently, if the product serves an independent function it is considered a finished product.
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• Do fixed installations fall within the scope of the national WEEE? Not applicable. The Polish WEEE Act does not contain a general provision concerning fixed installations.
D National Timelines National timelines exist for. . . Registration: start and/or due date?
Labelling Joining a Compliance Scheme (CS) Start of the take-back system
Start for producer registration was 1 July 2006, deadline was 30 September 2006 Mandatory from 21 October 2005 Not applicable 1 July 2006
E The National Registration Body The General Inspector for Environmental Protection holds the register of 1) 2) 3) 4) 5) 6)
entities introducing the equipment on the market; waste equipment collectors; entities operating processing plants; entities operating recycling-related business activity; entities operating non-recycling recovery processes; organizations for recovering electrical and electronic equipment.
Address: ul. Wawelska 52/54. 00-990 Warszawa Web site: www.gios.gov.pl • Who is obliged to register? The producer. • How can you register and in which language? Registration can be submitted by mail and only in Polish. • Fees for registration There is a registration payment and an annual fee. The annual fee is not paid in the year when registration fees are paid. Both the registration payment and the annual fee are limited to PLN 8,000, whereas for micro-businesses the maximum limit of both registration and annual fee is PLN 400.
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• National WEEE registration number Each entity has its own register number. The minister responsible for environmental matters shall specify, in the form of an order, the manner of assigning the registration number, following the necessity for the identification of registered entities.
F Data Required for Registration • Company Data Producers introducing electrical and electronic equipment on the market need to provide the following information: (a) company name, headquarters, and address of the entity; (b) tax identification number (NIP), if applicable; (c) the REGON statistical number, if applicable. • Product Data The numeral and the name of the product group, as well as number and type of the electrical and electronic equipment, according to Annex 1 of the Polish WEEE Act, from which the collected equipment is derived. • Guarantee Data Producers who want to fulfil their obligations individually instead of joining an organization for recovering electrical and electronic equipment have to provide information about the weight of particular types of equipment specified in Annex 1 of the Polish WEEE Act, which the entity introducing the equipment on the market intends to introduce in a given year, and also about the form and amount of financial security referred to in Article 18 (1), if the entity introduces household equipment. • Data on recycling partners/compliance schemes Producers who want to comply with the requirements collectively by joining an organization for recovering electrical and electronic equipment have to provide information about an agreement with an organization for recovering electrical and electronic equipment referred to in Article 57 (1).
G The Financial Guarantee The entity introducing the equipment on the market must pay financial security for a given calendar year in order to finance the collection, processing, recovery, including recycling, and neutralization of waste equipment from households, deriving from the same type of equipment, specified in Annex 1 of the act, which was introduced by this entity.
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• The guarantee amount is calculated as follows: The amount of financial security is calculated as the product of the product fee (resulting from the recycling cost of the waste equipment) and the weight of equipment. The basis for calculation is (1) the weight of equipment to be introduced on the market in a given calendar year, if the entity introducing the equipment is not registered in the register referred to in Article 6 of the act; (2) the weight of equipment introduced on the market in the previous calendar year, if the entity introducing the equipment is already registered in the register referred to in Article 6 of the act. This means that product fee x estimated weight placed on market in (1) the current year (for the first registration); (2) the previous calendar year (for the updated registration). • The following types of guarantees are available: The financial security may be in the form of (1) a deposit paid to the favour of a separate bank account of the National Foundation of Environmental Protection and Water Economy; this amount together with interest shall be given back after fulfilling the obligations, referred to in Article 31, Article 32 and Article 34, if it was not assigned for covering the costs of collection, processing and recycling of waste equipment or non-recycling form of recovery, referred to in Article 23; (2) signing third party liability insurance agreement by the entity introducing the equipment on the market against failing to fulfil the obligation of collecting, processing, recovery, including recycling and neutralization of waste equipment and submitting the policy or other document confirming the fact of signing the agreement to the National Foundation of Environmental Protection and Water Economy; (3) a bank warrant submitted to the National Foundation of Environmental Protection and Water Economy. There are no guarantee systems available yet.
H Foreign Producers • Are foreign companies not represented by a local legal entity regarded as “producers”? No, they are not.
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• Can foreign companies not represented by a local legal entity register as “producers”? Without having a local legal entity in Poland, registration in Poland is not possible. • Can foreign companies use the “agent model”? No.
I Labelling Article 23 of the Polish WEEE Act (1) The entity introducing the equipment must place marking specified in Annex 3 hereto on the equipment. (2) The marking referred to in point 1 here above shall be placed in a clear, legible and permanent manner. (3) If justified by the size or function of the equipment, the marking referred to in point (1) may be placed on a collective packaging, on the user’s manual or on the equipment guarantee card.
According to Article 23 of the Polish WEEE Act, the symbol of the crossed-out wheeled waste bin is mandatory, without a bar underneath. This applies to B2C and B2B products, as there is no specification or exemption in Article 23. Without an explicit specification for household or non-household products (as you can see, i.e. in Article 22, 25, 29) a clause automatically applies to both B2C and B2B products. There is no requirement in the law for producer identification and for the date of putting the products on the market.
J Reporting All registered producers have to report to the Ministry of Environment the input quantity, the quantity taken back on request or voluntarily, the quantity reused, treated, recycled or exported (output). • How often do you need to report? Input reports need to be submitted on a quarterly basis: by the 15th of the month following the quarter in which the equipment was introduced.
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• How can you submit the reporting? The reporting data have to be submitted by mail.
K The National Recycling Market It is a competitive market. • Existing Compliance Schemes are the following: ERP-Recycling Piotr Mekarski Ul. Kolejowa 5/7 01-217 Warszawa Tel: +48 22 5657502 Fax: +48 22 5657600 E-mail:
[email protected] Web site: www.erp-recycling.org Elektroeko Organizacja Odzysku Sprze˛tu Elektrycznego i Elektronicznego SA (ElektroEko) ul. Hrubieszowska 6A 01-209 Warszawa Tel: +48 22 431 82 60 Fax: +48 22 431 82 69 Web site: www.elektroeko.pl
L Where Can You Find Further Information? The Polish Ministry of Economy: www.mgip.gov.pl
M Who Can Support You? Kancelaria Radcy Prawnego Macieja Bobrowicza Al. Konstytucji 3 Maja 15 65-805 Zielona Góra Tel: +48 68 329 79 79 Fax: +48 329 79 89 E-mail:
[email protected] Attorneys at Law: Maciej Bobrowicz, Jowita Pilarska, Dorota Rataj, Ewa Bosa Web site: www.bobrowicz.pl • Key activities Civil law, commercial law, insurance law, medical law, intellectual property law
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Portugal
A The National WEEE Legislation The WEEE and RoHS Directives were both transposed into Portuguese law by the Decree-Law 230/2004, from 10 December 2004, which came into force on 15 December 2004. • Which authority is responsible for the implementation of the directive into national law? There are several entities who have a role in the implementation of the law, as follows: the “Inspecção-Geral das Actividades Económicas” (IGAE); the “InspecçãoGeral do Ambiente” (IGA); the “Comissões de Coordenação e Desenvovimento Regional” (CCDR); the “Comissão de Aplicação de Coimas em Matéria Económica e de Publicidade (CACMEP); the “Instituto dos Resíduos”; the “ANREEE – Associação Nacional para o Registo de Produtores de EEE”; and the entities liable for the WEEE management integrated system, which are ERP Portugal and AMB3E.
B Critical Definitions • “Producer” According to Article 3 d) of the Decree-Law 230/2004, producer is any person, irrespective of the selling technique used, including distance selling, who
Alves & Associados Note: Underlined sections are not in line with the WEEE Directive and/or the FAQ Document of the European Commission (http://ec.europa.eu/environment/waste/pdf/faq_weee.pdf). However, this does not mean that the national law violates European law. The discrepancies are part of the range of applications given to the national authorities by the WEEE Directive.
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(i) manufactures and places EEE on the national market under its own brand name; (ii) resells, under its own brand name, EEE manufactured by other suppliers; (iii) professionally imports or places EEE on the national market. The definition of a producer in the WEEE Directive is slightly different from that contained in the Decree-Law 230/2004. There is one notable respect: The WEEE Directive provides expressly that a reseller, who resells under his own brand equipment produced by other suppliers, will not be regarded as the producer if the brand of the producer appears on the equipment as provided in sub-point (i) above. This is not implemented in the “producer” definition of the Decree-Law 230/2004. • “Place/put on the market” To “place on the market” means to make the EEE available on the national market for the first time. • “Historical” and “new” waste Historical waste is waste from EEE put on the national market before 13 August 2005. New waste is waste from EEE put on the national market after that date. • Household (B2C) and non-household (B2B) products Household products are described in Decree Article 3 c) as follows: “Waste electrical and electronic equipment (WEEE) from private households means WEEE from private households and WEEE from commercial, industrial, institutional and other sources which, due to their nature and quantity, is similar to the WEEE from the private households”.
C The National Scope of WEEE According to Article 3 a) of the Decree-Law 230/2004, EEE means all the equipment that depends on electrical currents or electromagnetic fields in order to function correctly, as well as equipment for the generation, transfer and measurement of these currents and fields belonging to the categories as set out in Annex I of this statute and as designed for use with a standard voltage that does not exceed 1,000 V for alternating current and 1,500 V for direct current. Lists of equipment and guidance notes can be consulted online, at www.anreee.pt. • Who is responsible for a correct categorization into the 10 WEEE categories and the national types of equipment? What are the criteria?
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It is the producer who determines himself/herself the categorization of his/her products into the 10 WEEE categories and the national types of equipment in accordance with Annex I of the Decree-Law 230/2004. • The national types of equipment The national types of equipment covered are listed after each of the 10 WEEE categories. It can be consulted online at www.anreee.pt. • How to distinguish components and finished products? Components are any pieces or instruments which are necessarily part of an EEE and whose existence is essential to make the EEE work. • Do fixed installations fall within the scope of the national WEEE? Only large-scale stationary industrial tools (category 6) are excluded from the scope. This is any equipment intended to be used exclusively in industry, which requires installation by professionals for proper functioning and is permanently fixed to the place where it is used.
D National Timelines What timelines exist for. . . Registration: start and/or due date? Labelling Joining a Compliance Scheme (CS) Start of the take-back system
Due date: 13 August 2005 Due date: 13 August 2005 Not applicable 16 August 2005
E The National Registration Body ANREEE – Associação Nacional para o Registo de Produtores de EEE Rua do Conde de Redondo, n◦ 8 – 4◦ Esq. 1150-105 Lisboa Tel: +351 21 315 53 01 Fax: +351 21 315 82 18 E-mail:
[email protected] Web site: www.anreee.pt • Who is obliged to register? All producers of EEE, in terms of Article 3 d) of the Decree-Law 230/2004, are obliged to register in Portugal.
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• What are the prerequisites for registration? There are none. Even foreign producers without any branch, delegation or legal representative and without a Portuguese tax number can be registered if they sell directly to end-users in Portugal. (Please see section H “Foreign Producers”.) • How can you register and in which language? For producers with a Portuguese tax number, registration can only be submitted online: https://registo.anreee.org For foreign producers without a Portuguese tax number, registration can be submitted online (www.anreee.pt) and by mail. To register, you should print, fill in, sign and stamp (when required) the company’s identification form and liability term. These documents along with a copy of the company’s commercial registration should be sent to Anreee (see cell 52). For producers active in the Portuguese market in 2005, the “2005 Activity Form” is required. Instructions are included in the template. Make sure all data are inserted and, once finished, e-mail the file to
[email protected], in a message with subject “New Producer Registration” followed by your company name. Registration is available in Portuguese for producers with a Portuguese tax number and in English for foreign producers without a Portuguese tax number. • Fees for registration The amount of the registration fee varies between C375 and C1,500, depending on the number of EEE put on the market, regardless of their category or subcategory (www.anreee.pt). • National WEEE registration number The Portuguese WEEE registration number is composed of the letters PT followed by six numbers; it has to be included in invoices, transportation documents and similar papers.
F Registration Data • Company Data Company’s name; tax number; legal agent; any producer associations the company belongs to; the WEEE management system chosen by the company (optional); the head office’s address; district; council; parish; phone; fax (optional); person liable for the company’s registration; his/her mail and phone. • Product Data Type of producer; category and subcategory of EEE (according to Annex 1 to the Decree-Law 230/2004); brand; quantity; total weight (kg). • Guarantee Data None.
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• Data on recycling partners/compliance schemes The selected WEEE management system can be indicated or not indicated during registration.
G The Financial Guarantee When joining a compliance scheme, producers have to pay a fee depending on the characteristics and the amount of EEE put on the market. However, if a producer chooses an individual system instead of a collective one, he will have to provide a bank guarantee or a blocked bank account to the producer registry ANREEE. • The guarantee amount is calculated as follows: The guarantee amount is calculated according to the characteristics and the amount of EEE put on the market. • The following types of guarantees are available: In case an individual system is chosen, a bank guarantee or a blocked bank account is to be provided, whereas a fee has to be paid in case of a collective system.
H Foreign Producers • Are foreign companies not represented by a local legal entity regarded as “producers”? Yes, if they put EEE directly on the market (distance selling). However, if they sell to a distributor, it is the distributor who has to be registered as a producer. In this case, the foreign producers do not need to be registered, as the distributors are the ones who have that obligation. • Can foreign companies not represented by a local legal entity register as “producers”? Yes, if they sell direct to end-users in Portugal. • Can foreign companies use the “agent model”? Not available.
I Labelling Each EEE put on the market after 13 August 2005 must be labelled, covering the identity of the producer, the symbol of a crossed-out wheelie bin and a mark to distinguish the product from others put on the market before the aforesaid date.
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J Reporting Yes. All producers have to report to ANREE, the entity responsible for national registration, indicating the type and the quantity of EEE put on the national market. • How often do you need to report? The producers have to report twice a year at the end of each period, that is to say in July, concerning the first 6 months of that year, and in January, concerning the second period of the previous year. • How can you submit the reporting? Online to the Waste Institute’s or Anreee’s web site.
K The National Recycling Market There are only two companies responsible for WEEE management: AMB3E and ERP Portugal. • Existing Compliance Schemes are the following: AMB3E Av. do Forte, nº 3, Edifício Suécia I – Piso 3 2794-038 Carnaxide Web site: www.amb3e.pt; ERP Portugal Quinta da Fonte, Edifício D. Pedro I 2770-071 Paço-de-Arcos Web site: www.erp-recycling.org • Do these Compliance Schemes also accept foreign producers as members, i.e. in connection with the “agent model”? Yes.
L Where Can You Find Further Information? • What are the major sources informing about this topic (e.g. homepages)? Please include a short description. www.inresiduos.pt (Portuguese Waste Institute) www.anreee.pt (National Association for the EEE Producers Registry)
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M Who Can Support You? Augusta Bravo, Rechtsanwältin Augusta Bravo, Alves & Associados Sociedade de Advogados Av. 5 de Outubro, nº 54 – 4º Dtº 1050-058 Lisboa Tel: 00 351 21 350 02 00 Fax: 00 351 21 350 02 09 E-mail:
[email protected] Web site: http:/sapp.telepac.pt./aba/ António Sol, Rechtsanwalt Augusta Bravo, Alves & Associados Sociedade de Advogados Av. 5 de Outubro, nº 54 – 4º Dtº 1050-058 Lisboa Tel: 00 351 21 350 02 00 Fax: 00 351 21 350 02 09 E-mail:
[email protected] Web site: http:/sapp.telepac.pt./aba/ • Key activities? Legal services, consulting, support and research activities in the field of WEEE, RoHS and EuP Directives • WEEE-related support they can offer Legal services concerning EEE matters. • Further information http:/sapp.telepac.pt./aba/
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Romania
A The National WEEE Legislation The WEEE directive was implemented through the following orders: 1. Government Decision no. 448/2005 on WEEE – took effect on 10 July 2005 2. Ministerial Order no. 901/2005 on Rejection of WEEE Take-Back – took effect on 12 October 2005 3. Government Decision no. 992/2005 on RoHS – took effect on 01 January 2007 4. Ministerial Order no. 1223/2005 on the registration procedure of producers and the data recording and reporting procedure of data regarding EEE and WEEE – took effect on 03 January 2006 5. Ministerial Order no. 1225/2005 on approving the procedure and criteria of evaluation and permitting for the collective organizations in view of overtaking the responsibility concerning the annual objectives’ achievement of reusing, recycling and recovery of WEEE – took effect on 21 December 2005 6. Ministerial Order no. 556/2006 on specific marking of EEE introduced on the market after 31 December 2006 – took effect on 13 July 2006 7. Emergency Government Ordinance no. 78/2000 on waste regime – took effect on 22 July 2000 • Who is designated to enforce the law? The Ministry of Environment and Sustainable Development.
CORBAN, ANGHEL and Associates SCA Note: Underlined sections are not in line with the WEEE Directive and/or the FAQ Document of the European Commission (http://ec.europa.eu/environment/waste/pdf/faq_weee.pdf). However, this does not mean that the national law violates European law. The discrepancies are part of the range of applications given to the national authorities by the WEEE Directive.
E. Westkämper et al. (eds.), National Registration for Producers of Electronic Waste, C Springer-Verlag Berlin Heidelberg 2009 DOI 10.1007/978-3-540-92746-4_21,
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B Critical Definitions • “Producer” “Producer” means any natural or legal person who, irrespective of the selling technique used, including by means of distance communication in accordance with Government Ordinance no. 130/2000 on legal regime of distance contracts, approved by Law no. 51/2003 (i) manufactures and sells electrical and electronic equipment under his own brand; (ii) resells under his own brand equipment produced by other producers, a reseller not being regarded as the “producer” if the brand of the producer appears on the equipment, as provided for in sub-point (i); or (iii) imports or exports electrical and electronic equipment on a professional basis into or from Romania. The natural or legal person which provides financing under or pursuant to any finance agreement shall not be deemed a “producer” unless he also acts as a producer within the meaning of sub-points (i) to (iii). • “Place/put on the market” Not applicable • “Historical” and “new” waste “Historical waste”: WEEE from EEE put on the market before 1 January 2007. “New waste”: WEEE from EEE put on the market after 1 January 2007. • Household (B2C) and non-household (B2B) products “WEEE from private households” means WEEE which comes from private households and from commercial, industrial, institutional and other sources which, because of its nature and quantity, is similar to that from private households.
C The National Scope of WEEE “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 generation, transfer and measurement of such currents and fields falling under the categories set out in Annex 1A of the Government Decision no. 448/2005 and designed for use with a voltage rating not exceeding 1,000 V for alternating current and 1,500 V for direct current. “Waste electrical and electronic equipment” or “WEEE” means electrical or electronic equipment which is waste within the meaning of Government Emergency
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Ordinance no. 78/2000 on waste regime, approved with amendments by Law no. 426/2001, including all components, subassemblies and consumables which are part of the product at the time of discarding. • Who is responsible for a correct categorization into the 10 WEEE categories and national types of equipment? What are the criteria? The producers must determine the categorization of these products. • The national types of equipment The national types of equipment are described in Annex 1 A and B of the Government Decision no. 448/2005 on WEEE. • How to distinguish components and finished products? Not applicable • Do fixed installations fall within the scope of the national WEEE? Fixed installations are not covered by the WEEE legislation.
D National Timelines National timelines exist for. . . Registration: start and/or due date Labelling Joining a Compliance Scheme (CS) Start of the take-back system
31 December 2005/31 April 2006 31 December 2006 Not applicable 12 October 2005
E The National Registration Body The National Environment Protection Agency (NEPA), working under the subordination of the Ministry of Environment and Sustainable Development, is the national registration body. • Who is obliged to register? All the producers and importers of EEE are obliged to register. • What are the prerequisites for registration? From a commercial point of view, to be registered as a producer or importer. • How can you register and in which language? The registration documents may be submitted in person or by post and only in Romanian language.
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• Fees for registration No fees are required. • National WEEE registration number Upon registration, every producer or importer receives a national registration number which is communicated to all EEE distributors.
F Data Required for Registration • Company Data Name Headquarters Trade Register Number Bank Account Legal Representative(s) • Product Data Quantity, number, type Quantity of product put on the market Quantity of collected WEEE If the producers are transferring their obligations to a collective scheme they will have to present information regarding this scheme • Guarantee Data Not applicable • Data on recycling partners/compliance schemes Not applicable
G The Financial Guarantee When placing a product on the market, producers provide a guarantee to prove that the management of all WEEE will be financed and that producers clearly mark their products in accordance with Article 11, paragraph (2) of the Government Decision no. 448/2005. This guarantee shall ensure that the operations referred to above relating to these products will be financed. • Requirements for the financial guarantee Not applicable • The guarantee amount is calculated as follows: Not applicable
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• The following types of guarantees are available: The guarantee may take the form of participation of the producer in appropriate schemes for financing the management of WEEE, a recycling insurance or a blocked bank account.
H Foreign Producers • Are foreign companies not represented by a local legal entity regarded as “producers”? No. • Can foreign companies not represented by a local legal entity register as “producers”? No. • Can foreign companies use the “agent model”? Romanian legislation does not stipulate anything about the “agent model”.
I Labelling
SYMBOL for marking EEE
Indicates that EEE and WEEE are collected through a separate collection system. The symbol must be printed visibly, legibly and indelibly.
J Input Reporting The sales data are reported to NEPA. • How often do you need to report? The reports are due each year by 30 April for the past year. • How can you submit the reporting? The reports shall be submitted on hard copy and in electronic format.
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K The National Recycling Market • Existing Compliance Schemes are the following: ECO TIC – Administration Agency of W.E.E.E President: Valentin Negoita E-mail:
[email protected] Director executive: Mihai Posedaru Tel: 031 / 8055743 Fax: 031 / 8055742 E-mail:
[email protected] [email protected] Mobile: 0744/304012 Coordinator logistical: George Carloveschi Tel/Fax: 031/8055742 Mobile: 0751/284181 E-mail:
[email protected] Assistant: Claudia-Gabriela Nicolae E-mail:
[email protected] Address: 105 A Oltenitei Street, 4th district, Bucharest Tel/Fax: 031 401 67 02 Two other collective schemes are in the process of authorization: RECOLAMP and CECED. • Do these Compliance Schemes also accept foreign producers as members, i.e. in relation with the “agent model”? No.
L Where Can You Find Further Information? • What are the major sources for information for this topic? e.g. homepages, please include a short description www.mmediu.ro www.anpm.ro www.ecotic.ro
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M Who Can Support You? FINE LAW – SCA CORBAN, ANGHEL and ASSOCIATES PO Box 22-205 2 Povernei street RO-010643 Bucharest sector 1 Romania Web site: www.fine-consulting.com E-mail:
[email protected];
[email protected] • Key activities Legal advice and representation mainly in the following fields: 1. 2. 3. 4. 5. 6. 7. 8. 9.
Incorporation of companies Corporate governance Litigation Labour law Mergers and acquisitions Energy and environment Privatisation and post-privatisation Real estate and construction Reorganization and bankruptcy
• WEEE-related support they can offer Legal advice, support and assistance in dealing with local partners and national authorities.
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Slovakia
A Personal details • Contact details of your office JUDr. Ing. Andrea Vasil’ová, Attorney-at-Law E-mail:
[email protected] JUDr. Imrich Vasil’, LL.M., Attorney-at-Law E-mail:
[email protected] Lichardova 1/A, 811 03 Bratislava, Slovak Republic Tel: +421-2-54641257-8, Fax: +421-2-54641259 • What are the key aspects of your activity? Providing the legal services for legal entities and natural persons. • How can you support EEE producers? Support in WEEE, in the entry on the Slovak market by arranging the legal aspect of starting business in Slovak Republic. • Further information www.vasilpartners.sk
B Introduction of the national law • How did the transposition of the WEEE and RoHS Directives into national law take place in your country? When did the law come into effect? The directives were transposed into Slovak law by the Law no. 733/2004 Coll. by which the Law no. 223/2001 Coll. on wastes was amended and came into force on 1 January 2005. • Which authority is designated to enforce the law? The Ministry of Environment of the Slovak Republic is designated to enforce the law. E. Westkämper et al. (eds.), National Registration for Producers of Electronic Waste, C Springer-Verlag Berlin Heidelberg 2009 DOI 10.1007/978-3-540-92746-4_22,
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C Critical Definitions • What is the national producer definition? Pursuant to Section 54a (10) of the Law no. 223/2001 Coll. on wastes producer of electrical and electronic equipment means any person who, irrespective of the selling method used, including by means of distance communication, except for the person acting exclusively under the finance agreement a) manufactures and sells electrical and electronic equipment under his own brand; b) resells under his own brand equipment produced by other suppliers; a reseller not being regarded as the producer if the brand of the producer appears on the equipment, as provided in letter a); c) imports electrical and electronic equipment into the Slovak Republic. The “contract on financing” is any loan, rent, lease, hiring or deferred sale agreement or arrangement relating to any electrical and electronic equipment whether or not the terms of that agreement or arrangement provide that a transfer of ownership of that equipment will or may take place. • What does “place on the market” mean? Does it refer to the European, national or end-user market? Placing electrical and electronic equipment on the market means the point when the equipment manufactured in the Slovak Republic is offered for the first time either for charge or free of charge for selling, distribution or use, or when it is for the first time the subject of transfer of ownership; the import of electrical and electronic equipment is also regarded as the placement of electrical and electronic equipment on the market. • Is there a distinction between historical and new waste? Historical waste is waste from the products placed on the market before 13 August 2005. New waste is waste from products placed on the market after that day. • How are B2C products distinguished from B2B products? Does the producer have to prove the correctness of the classification? WEEE from households means WEEE which comes from private households and from commercial, industrial, institutional and other sources, which, because of its nature and quantity, is similar to that from private households.
D National Scope of WEEE and Current Exemptions • What equipment falls within the scope? (e.g. include a link to lists of equipment, guidance notes) Pursuant to Section 54a (2) of the Law no. 223/2001 Coll. on wastes EEE means equipment which is dependent on electric currents or electromagnetic fields in order
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to work properly and equipment for the generation, transfer and measurement of such currents and fields falling under categories set out in Annex 3a and designed for use with a voltage rating not exceeding 1,000 V for alternating current and 1,500 V for direct current. • Who determines the categorization of products into the 10 WEEE categories and subcategories? There is the list of 10 categories of electrical and electronic equipment in the Annex no. 3a of the Law no. 223/2001 Coll. on wastes. • What are the criteria for the categorization? Are there any guidance notes? (e.g. link to lists, guidance notes) The list of equipments according to categories and type on which the Law no. 223/2001 Coll. on wastes applies is determined by the Legal Regulation of the Ministry of Environment of the Slovak Republic no. 208/2005 Coll. on treatment of electrical and electronic equipment. • What are the subcategories of the 10 WEEE categories laid out in the EU Directive? The list of equipments according to categories and type on which the Law no. 223/2001 Coll. on wastes applies is determined by the Legal Regulation of the Ministry of Environment of the Slovak Republic no. 208/2005 Coll. on treatment of electrical and electronic equipment. • How are components distinguished from finished products (e.g. motherboards)? The components, subassemblies and consumables, which are part of the product at the time of discarding, are considered as waste electrical and electronic equipment (Section 54a (3) of the Law no. 223/2001 Coll. on wastes). • Do fixed installations fall within the scope? Are they confined to the WEEE category 6? The large-scale stationary industrial tools are not included in the WEEE category 6. • Other national exemptions/specifications: That is, category 8. Medical devices do not include the implanted and infected products.
E Timelines What timelines exist for. . . Registration: start and/or due date? Labelling Joining a Compliance Scheme (CS) Start of the take-back system Other deadlines
Due date: 30.06.2005 Due date: 13.08.2005 Not applicable 13.08.2005
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F Registration Body • Which authority runs the national registry? (Please also indicate address, contact person including phone, fax, e-mail and web site) The Ministry of Environment of the Slovak Republic, Nám. L’.Štúra 1, 812 35 Bratislava Tel: 02/5956 1111 (operator) E-mail:
[email protected] Office for the contact with public: Tel: 02/5956 2222, Fax: 02/5956 2222 • Who must register? All producers and importers of EEE who for the first time place the products on the Slovak market. • What are the prerequisites for registration, e.g. being represented by a local legal entity, having a local tax number, etc.? Foreign companies require a Slovak representative. • How can you register? (online, by fax, etc.) In written form; the application for entry into the Register of producers of EEE has to be delivered to the Ministry of Environment of the Slovak Republic. The blank of the application is not set. • In which languages can you register? Only in Slovak language. • Do producers have to pay any fees for registration? (If yes, please provide a link to the fee schedule) Not applicable • Do producers get a national registration number? If yes, in what documents do the registration number have to be included (e.g. quotes, invoices)? The producers obtain the registration number after their applications for entry into the register of producers of EEE fulfil all requirements stipulated by law. The registration number should be stated in all commercial documents of producers (e.g. invoices and other tax documents, orders, order confirmations).
G Registration Data • Which company data are required for registration? a) In the case of a person-entrepreneur: 1. Commercial name and address 2. First name and family name, date of birth and private address 3. Identification number
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4. Information of joining a collective scheme, separate collection and handling of WEEE, if the producer does not fulfil the obligations individually 5. Information on the rate and type of guarantee, if the producer fulfils the obligations individually 6. Category of electrical and electronic equipment placed on the market b) In the case of a legal entity: 1. Commercial name and address 2. Identification number 3. Information of joining a collective scheme, separate collection and handling of WEEE, if the producer does not fulfil the obligations individually 4. Information on the rate and type of guarantee, if the producer fulfils the obligations individually 5. Category of electrical and electronic equipment placed on the market • What product data and quantities are required for registration? Category of electrical and electronic equipment placed on the market. • What guarantee data are required for registration? The guarantee may be provided in the form of a blocked bank account or relevant insurance. The guarantee shall be calculated as the amount of electrical and electronic equipment by categories multiplied by the respective charge. • What recycling data or information on compliance schemes are required for registration? Information of joining a collective scheme, separate collection and handling of WEEE, if the producer does not fulfil the obligations individually.
H Financial Guarantee • Is a financial guarantee required (B2C/B2B) when joining a compliance scheme? When joining a compliance scheme the guarantee is not required. • What are the requirements regarding the financial guarantee? Is a trustee required? If there is a guarantee in the form of blocked account the producers shall deposit the finances on the blocked account latest within 31 January for the previous calendar year. The trustee is not required. • How is the guarantee amount calculated? The amount of guarantee shall be calculated as follows: A = mi + ai where A – the amount of guarantee (in Slovak Crowns – SKK) ai – the rate pursuant to categories of EEE (in SKK/t) mi – the amount of EEE placed on the market pursuant to categories of EEE in the previous calendar year (t) i – 1–7
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• What types of guarantees can be used, i.e. bank guarantee, blocked bank account, insurance, etc. Are there any guarantee systems available? 1. blocked bank account in the bank in Slovak Republic; 2. relevant insurance.
I Registration of Foreign Producers • Are foreign producers not represented by a local legal entity regarded as producers? There are two opposite legal opinions on this question. We have asked the Ministry of Environment of the Slovak Republic to provide us their interpretation of the law in relation with this question and still wait for their statement. • Can foreign producers not represented by a local legal entity register as producers? Is a local representative required? Please refer to the information above. • Can foreign producers use the “agent model”? (please refer to the description attached as pdf file) Not applicable
J Labelling • What are the labelling requirements for B2C/B2B products? The EEE placed on the market must be labelled with a graphical symbol for the purpose of take-back or separate collection; lighting equipment is exempted from this obligation; if it is not possible to mark electrical and electronic equipment with the symbol due to the size or function of the product, the symbol shall be printed on the packaging or on the instructions for use or on the warranty of the electrical and electronic equipment. Example
K Input Reporting • Is regular reporting required? By whom? Yes. The producers are obliged
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– to keep and retain records and report data from the records of the previous year to the Ministry of Environment of the Slovak Republic before 31 March of the following calendar year. The structure of reported data is as follows: 1. Amount of electrical and electronic equipment put on the market by the categories, the amounts of electrical and electronic equipment sold for use in private households are listed separately. 2. Amount of collected WEEE by the categories, the amount and categories of WEEE from private households are listed separately. 3. Amount and categories of reused WEEE of the collected WEEE. 4. Amount and categories of recycled and recovered WEEE. 5. Amount and categories of imported WEEE of the collected WEE. 6. Achievement of rates – minimal rates of recovery of WEEE, reuse and recycling of components, materials and substances, which are stipulated by the decree of the Government of the Slovak Republic. The amounts set out above are in kilograms. – to publish information on reuse and treatment of each type of electrical and electronic equipment within 1 year after the equipment is put on the market. • How long is the reporting cycle? Yearly before 31 March of the following calendar year. • How does reporting have to take place (online, by fax, etc.)? In written form; it has to be delivered to the Ministry of Environment of the Slovak Republic.
L Recycling Market • How is the waste disposal market organized (into monopolistic, oligopolistic, competitive structures etc.)? Competitive structures. • Which national Compliance Schemes exist that take over the take-back and disposal obligations from producers? Please provide details (name, address and homepage). 1. ENVIDOM, Ružová dolina 6, 821 08 Bratislava, www.envidom.sk, category no. 1 and 2. 2. SEWA, Raˇcianska 71, 831 02 Bratislava, www.sewa.sk, all categories. 3. EKOLAMP Slovakia, Komárˇnanská cesta 7, 940 93 Nové Zámky, www. ekolamp.sk, category no. 5. 4. ENVI-GEOS NITRA, s.r.o., Štefánikova trieda 4, 949 01 Nitra, s.sklenar@ envigeos.sk, all categories. 5. LOGOS – Slovakia, s.r.o., Nejedlého 51, 841 02 Bratislava, edichtler@ stonline.sk, all categories.
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6. ENZO – Veronika – VES, a.s., Dežerice 342, ZIP Code 957 03, www. enzoza.sk, all categories. 7. BRANTNER Slovakia, s.r.o., Vietnamská 22, 821 04 Bratislava, slovakia@ brantner.com, all categories. 8. ETALUX :
[email protected], category no. 5. ˇ 9. ELEKTRO RECYCLING, spol. s r.o., CSA 24, 974 01 Banská Bystrica info @elektrorecycling.sk,all categories. 10. ZEO, s.r.o., Stará Prešovská 10, 040 01 Košice,
[email protected], category no. 6. • Do these Compliance Schemes also accept foreign producers as members, i.e. in connection with the agent model? Not applicable
M References and Further Information • What are the major sources informing about this topic (e.g. homepages)? Please include a short description. www.enviro.gov.sk (the homepage of the Ministry of Environment of the Slovak Republic) www.recfond.sk (the homepage of the Recycling Fund of the Slovak Republic)
Slovenia
A The National WEEE Legislation The WEEE Directive was implemented into Slovenian law through the enforcement of the Rules on the Management of Waste Electrical and Electronic Equipment (Official Gazette of the Republic of Slovenia, no. 118/2004 – as amended, hereinafter the WEEE Rules) on 19 November 2004, repealed by an amendment published on 10 June 2005 that introduced a two-step registration process. In March 2006 a new WEEE regulation came into force that introduced, among others, penalties for failing to register. In August 2006 a draft WEEE decree was published. It came into force in September 2006. This decree incorporates all existing WEEE regulations by changing some provisions. • Which authority is responsible for the implementation of the directive into national law? – – – –
The Ministry of Environment and Spatial Planning; The Inspectorate for Environment and Spatial Planning; The Market Inspectorate; The Environmental Agency.
B Critical Definitions • “Producer” According to Article 3, paragraph 20 of the WEEE Rules, a producer is defined as each person, regardless of selling techniques used, including sales via Internet, who in accordance with the Slovenian consumer protection legislation ˇ ODVETNIKI SELIH & PARTNERJI Note: Underlined sections are not in line with the WEEE Directive and/or the FAQ Document of the European Commission (http://ec.europa.eu/environment/waste/pdf/faq_weee.pdf). However, this does not mean that the national law violates European law. The discrepancies are part of the range of applications given to the national authorities by the WEEE Directive.
E. Westkämper et al. (eds.), National Registration for Producers of Electronic Waste, C Springer-Verlag Berlin Heidelberg 2009 DOI 10.1007/978-3-540-92746-4_23,
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– produces and sells EEE under his own trademark; – resells EEE that is produced by other suppliers, under his own trademark; the reseller is, however, not considered to be a producer if the trademark of the “original” producer appears on the equipment in accordance with the above point; – imports or exports EEE into or out of the territory of the Republic of Slovenia within the scope of his registered business activity. Persons who exclusively finance such trade under or pursuant to any finance agreement are not considered to be producers, except if they are considered to be producers within the meaning of the above point. • “Place/put on the market” According to Article 3, paragraph 2, of the WEEE Rules to “place on the market” means – – – – – –
to hand over the produced EEE to the final consumer for its first use; to hand over the produced EEE to the distributor for the first sale; to acquire the EEE in an EU member state to perform trading activity; to import the EEE into Slovenia to perform trading activity; to acquire the EEE in an EU member state; or to import the EEE into Slovenia to perform activity, other than the EEE trading activity.
• “Historical” and “new” waste Historical waste is WEEE placed on the market prior to 13 August 2005 (Article 3, paragraph 22). New waste is WEEE placed on the market after 13 August 2005. • Household (B2C) and non-household (B2B) products According to Article 3, paragraph 13, WEEE from household products is WEEE which comes from households or industry, trade and service activities and is, because of its nature and quantity, similar to the WEEE from households. Other WEEE is WEEE as defined in a list of products in Annex 2 of the WEEE Rules and is not used in households (Article 3, paragraph 14).
C The National Scope of WEEE According to Article 3, paragraph 4, EEE means the equipment which is dependent on electric currents or electromagnetic fields in order to work properly and equipment for the generation, transfer and measurement of such currents and fields falling under the categories set out in Annex 1 and designed for use with a voltage rating not exceeding 1,000 V for alternating current and 1,500 V for direct current. • Who is responsible for a correct categorization of the 10 WEEE categories and national types of equipment? What are the criteria?
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Responsible for a correct categorization is the Ministry of Environment and Spatial Planning. There are no guidance notes. • The national types of equipment The national types of equipment are declared to be in accordance with Annex IB of the WEEE Directive. This list of the EEE products is published in the Official Gazette of the Republic of Slovenia, no. 32/2006, Annex 1 and contains all relevant EEE products. • How to distinguish components and finished products? The WEEE Rules do not cover products that are part of an EEE. • Do fixed installations fall within the scope of the national WEEE? Only large-scale stationary industrial tools (category 6) are exempted from the scope.
D National Timelines National timelines exist for. . . Registration: start and/or due date? Labelling Joining a Compliance Scheme (CS) Start of the take-back system
Due date: 30 June 2005 Due date: 13 August 2005 Not applicable 13 August 2005
E The National Registration Body The register was formerly administered by the Ministry of Environment and Spatial Planning. All producers and acquirers had to register production of EEE or the intention to acquire EEE by 30 June 2005. After the adoption of the Operative Programme on Managing the WEEE for the period of 2006–2008 (Publication of the Ministry of Environment and Spatial Planning, no. 35405-52/2005, dated 27 January 2006, adopted by the Slovenian Government on 2 February 2006), the authority responsible for this register shall be the Slovenian customs authority. All producers and acquirers who did not register by 30 June 2005 and are therefore not published in the Operative Programme had to register by 31 May 2006. • Who is obliged to register? Slovenian producers and acquirers. • What are the prerequisites for registration? The main prerequisite for registration is to be located in Slovenia. If the EEE is not produced in Slovenia, the producer’s Slovenian representative, meaning the distri-
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bution partner (importer into Slovenia) shall register. See the definition of producers under section B above. • How can you register and in which language? Registration can be submitted by post, in a prescribed form and in Slovenian language only to CARINSKA UPRAVA REPUBLIKE SLOVENIJE, Carinski urad Jesenice, Oddelek za trošarine, Spodnji plavž 6 c, 4270 Jesenice, Slovenija; Tel +386 (4) 297 44 00; Fax: +386 (4) 297 44 05; Web site: http://carina.gov.si; E-mail:
[email protected]. According to Mr. Alen Kitek, an employee of the Slovenian customs authority, this register has not yet been established (at least not in an electronic form). • Fees for registration 1. Register of entities placing EEE on the market: no fees for registration. 2. Environmental fee (following registration): The amount of the environmental fee equals 2 SIT/kg of EEE (approx. 0.004 EUR/kg). The annual compensation for managing the register amounts to 8.000 SIT (approx. 33.40 EUR). The amount of Environmental fee has to be paid when – EEE produced in Slovenia is (a) placed on the market for the first time in Slovenia or (b) used for the first time in Slovenia, if its producer is also its final user. – EEE acquired in another EU member state or imported from third countries is (a) placed on the market for the first time in Slovenia or (b) used for the first time in Slovenia, if the acquirer of this EEE is also its final user. • National WEEE registration number No registration number for WEEE is being issued.
F Data Required for Registration • Company Data – Company name – Address – Company’s tax number – Registration number • Product Data In accordance with the application form and Article 33 of the WEEE Rules – Category of the EEE product – Type of EEE product – Name of product
G The Financial Guarantee
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– Product quantities – Estimated number of products that the producer intends to put on the market in the year of registration and in the following 3-year period, counted from the registration day – Quantity of substances, preparations and components from Annex 3, paragraph 1 of the WEEE Rules (Annex 3 is declared to be in accordance with Annex II of the WEEE Directive) – Manner of processing a product after it has become waste; the most appropriate way of product processing and product components which can be reused • Guarantee Data See section G below. • Data on recycling partners/compliance schemes According to Article 16 of the WEEE Rules, the following data are requested in the plan on managing WEEE: – type of EEE, for which the take-back and reuse, processing and removal of residues is guaranteed; – estimated plan and scope of collection for taking back the WEEE from final users, distributors and local public service organizations; – the WEEE take-back points, names and addresses of administrators of those facilities, including copies of contracts; – type and efficiency of tools and equipment for collecting, temporary storage, categorization, and other activities for assuring reuse, processing or removal of processing residues; – estimated total amount of WEEE taken back, estimated on the basis of the quantity of EEE to be placed on the Slovenian market, and data on required take-back share according to Operative Program (see under section G); – data on managing WEEE that contain substances from Annex 3 of the WEEE Rules (annex is declared to be in accordance with Annex II of the WEEE Directive); – estimated manners and the operators of the reuse, processing and removal facilities for recycling WEEE residues. Plan on managing WEEE must show that separately collected WEEE is treated in accordance with the requirements in Annex 3 of the WEEE Rules and is stored or temporarily stored in facilities that are in accordance with Annex 4 of the WEEE Rules (both annexes are declared to be in accordance with Annexes II and III of the WEEE Directive).
G The Financial Guarantee A financial guarantee is required to fulfil obligations under the WEEE Rules.
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Slovenia
According to the Operative Programme, producers and acquirers in a compliance scheme can fulfil their obligations on securing the management of WEEE by submitting a common financial guarantee in the form of a general bank guarantee to accomplish fulfilments of obligations. The amount of financial insurance by a general bank guarantee must equal the amount of financial guarantees of all producers and acquirers who are included in a compliance scheme. • Requirements for the financial guarantee According to Article 17, paragraph 3, the amount of financial guarantee must satisfy the amount of all costs arising from managing the WEEE, for the quantity of EEE which the respective producer or acquirer put on the market of the territory of the Republic of Slovenia in the past year. • The guarantee amount is calculated as follows: The amount of the guarantee for 1 kg equals the amount of referenced costs for 1 kg of WEEE multiplied by the following factor: a× (8000t/27.539t) 8000 t: minimal annual quantity of WEEE placed on the Slovenian market 27.539 t: estimated annual quantity of WEEE placed on the Slovenian market a quotient: equals 1.2 and is determined on the basis of the estimated expense for organizing the WEEE treatment to be assured by the rightful claimant of the guarantee. • The following types of guarantees are available: – Bank guarantee – Insurance policy
H Foreign Producers • Are foreign companies not represented by a local legal entity regarded as “producers”? No. • Can foreign companies not represented by a local legal entity register as “producers”? No. • Can foreign companies use the “agent model”? No.
K The National Recycling Market
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I Labelling According to Article 5 of the WEEE Rules, the following data must be visibly printed on the EEE: – Symbol for the compulsory separate collection of EEE (e.g. the crossed-out wheeled bin) – EEE placed on the market after 13 August 2005 must contain a text that unambiguously reveals that the product was produced after 13 August 2005. Method of labelling is specified by the Standard EN 50 419:2005. In addition, the generally applicable labelling rules shall be respected (Consumer Protection Act, Public Use of Slovenian Language Act, etc.) Visible fee: According to Article 6 of the WEEE Rules, distributors selling the EEE are prohibited to indicate costs for managing the WEEE. Article 37 provides a transitional period of the prohibition. Indication of costs is allowed for (a) EEE of classes 2 to 10 (classes are declared to be in accordance with Annex IA of the WEEE Directive) until 13 February 2011 and for (b) EEE of class 1 until 13 February 2013.
J Input Reporting Regular reporting on placing EEE on the market and on managing WEEE is required by – producers; – acquirers; and – commercial end-users. • How often do you need to report? Annually, by 31 March for the previous calendar year. First report was required by 31 March 2007. • How can you submit the reporting? By post on a prescribed form: http://carina.gov.si/slov/trosarine/EE_oprema.pdf
K The National Recycling Market If compliance schemes on managing WEEE shall not become effective or goals on collecting and recycling the WEEE shall not be achieved by 31 December 2007, a national commercial public service organization shall be established for those classes for which the goals on collecting, recycling or processing are not achieved. The national commercial public organization would begin to perform its duties on 1 January 2009.
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• Existing Compliance Schemes are the following: Three compliance schemes are in the process of obtaining an environmental permission (each producer and acquirer separately within such a scheme) from the Ministry of Environment and Spatial Planning: 1. ZEOS, d.o.o., Brnˇciˇceva ulica 39, 1000 Ljubljana; http://www.zeos.si 2. INTERSEROH d.o.o., Špruha 29, 1236 Trzin; www.interseroh.de 3. SLOPAK D.O.O., Parmova 41, 1000 Ljubljana; http://www.slopak.si/ • Do these Compliance Schemes also accept foreign producers as members, i.e. in connection with the “agent model”? No.
L Where Can You Find Further Information? http://www.gzs.si/DRNivo2.asp?IDpm=628
M Who Can Support You? ODVETNIKI ŠELIH & PARTNERJI, Attorneys at Law, o.p., d.n.o. Komenskega ulica 36 SI-1000 Ljubljana SLOVENIA Tel: +386 (1) 300 76 60 Fax: +386 (1) 433 70 98 Web site: www.selih.si
+386 (1) 300 76 50
• Key activities Legal consulting and support • WEEE-related support they can offer Legal representation in Slovenia, consulting and support with respect to implementation of acquisitions in Slovenia and Slovenian national legislation in the field of WEEE and RoHS.
Spain
A The National WEEE Legislation The WEEE and RoHS Directives were transposed into Spanish law in February 2005 by the Royal Decree 208/2005 regarding electronic and electrical devices and waste management (hereafter referred to as RD 208/2005), which came into force on 13 August 2005. • Which authority is responsible for the implementation of the directive into national law? The Spanish Ministry of Environment Plaza de San Juan de la Cruz s/n E-28071 Madrid
B Critical Definitions • “Producer” According to Article 2.c) of RD 208/2005, producers of electrical and electronic appliances are any legal entities or natural persons who, regardless of the sales technique used, including electronic or mail order sales, manufacture and sell electrical and electronic appliances under their own brands, place onto the market under their own brands, appliances manufactured for third parties and those who import them from or export them to other countries. The distributor will not be considered a producer if the brand of the producer appears on the appliances and the owner of this brand is registered with the Register of Industrial Establishments referred to in the first additional provision. (“Distributor” means any person who supplies electrical or electronic appliances, by sale, to any other person or entity who is the end-user of said product.)
mmm&m Monereo Meyer & Marinel-lo Abogados S.L. Note: Underlined sections are not in line with the WEEE Directive and/or the FAQ Document of the European Commission (http://ec.europa.eu/environment/waste/pdf/faq_weee.pdf).
E. Westkämper et al. (eds.), National Registration for Producers of Electronic Waste, C Springer-Verlag Berlin Heidelberg 2009 DOI 10.1007/978-3-540-92746-4_24,
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Legal entities or natural persons will not be considered as producers if they merely finance operations related to market launch, unless they act as producers according to one of the cases stipulated in the previous paragraph. • “Place/put on the market” With regard to the definition of “producer” in Article 2.c) of the Royal Decree (please see above), the term “place on the market” should be interpreted as placing on the Spanish market. • “Historical” and “new” waste Historical waste is waste from products put on the national market before 13 August 2005. New waste is waste from products placed on the national market after that day. • Household (B2C) and non-household (B2B) products According to Article 2.b) of RD 208/2005, waste from electrical and electronic appliances from private households and, consequently, B2C products, shall mean those coming from private households and from commercial, industrial, institutional sources and any other type which, by their nature and quantity, are similar to the waste which comes from private households. Since the RD 208/2005 does not provide any further guidance to determine B2B products, every appliance which does not fit the definition of a B2C product is considered a B2B product.
C The National Scope of WEEE The national scope of WEEE applies to electrical and electronic appliances which require electric currents or electromagnetic fields in order to work and which are intended to be used with a normal voltage rating of no more than 1,000 V for alternating current and 1,500 V for direct current and to appliances required to generate, transmit and measure such currents and fields. • Who is responsible for a correct categorization into the 10 WEEE categories and the national types of equipment? What are the criteria? Either the producers or the Integrated Management System (IMS, i.e. the collective compliance scheme) on their behalf determine to which of the 10 WEEE categories their products belong. The results may be reviewed by the Ministry of Industry. There are no official or semi-official guidance notes. • The national types of equipment There is a distinction between different product types and B2C/B2B products for each of the 10 WEEE categories. An indicative list of products can be found in
E The National Registration Body
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Appendix I of RD 208/2005. This list is almost the same as the one in Annex IB of the WEEE Directive. • How to distinguish components and finished products? All products not serving an independent function are considered to be components and fall outside the scope of RD 208/2005, whereas products with an independent function are considered to be finished products covered by the law. • Do fixed installations fall within the scope of the national WEEE? Only large-scale stationary industrial tools (category 6) are specifically excluded from the WEEE disposal requirements.
D National Timelines National timelines exist for. . . Registration: start and/or due date? Labelling Joining a Compliance Scheme (CS) Start of the take-back system
Start on 1 December 2005 After 13 August 2005 Not applicable 13 August 2005
E The National Registration Body National Registry: Ministerio de Industria, Turismo y Comercio, Subdirección General de Calidad y Seguridad Industrial (Ministry of Industry, Tourism and Commerce, General Section of Industrial Quality and Security) Paseo de la Castellana, 160 E-28071 Madrid Tel: 91-349 49 77 Tel: 902 44 60 06 Web site: www.mityc.es/es-ES/index.htm Registry of the Autonomous Communities: www.administracion.es • Who is obliged to register? All producers, importers or sellers of EEE who are considered to be the first to put those products on the Spanish market. • What are the prerequisites for registration? Meeting the requirements for registering with the Registro de Establecimientos Industriales (Register of Industrial Establishments) is compulsory. Requirements for registration are a registered office in Spain, and, in principal, tax and social security numbers, or identification numbers. In practice, producers can act through a representative who registers on their behalf.
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• How can you register and in which language? Registration can only be submitted online and in Spanish language. • Fees for registration None. • National WEEE registration number None.
F Data Required for Registration • Company Data Company Data
Contact Person, Authorised Representative, Data Processors
Value Added Tax ID Company Business name Street, street number, zip code, city, state, country, telephone, fax, e-mail Type (guarantee type for companies that manage waste individually for some of their products) Guarantee (amount of the guarantee for companies that manage waste individually for some of their products) Autonomous community (code for the autonomous community where the company is registered as a producer) Date (date company registered as a producer with the autonomous community) Number of employees Access type (information processing indicator – with or without certificate)
Identification Document (ID type to be presented. It is a fold-out document) ID Name Surname
• Product Data Requirements for producers who opt for an individual management system: – amount of each type of EEE placed on the national market in the preceding year; – amount of WEEE collected from distributors or local entities; – waste which is managed directly as well as WEEE delivered to facilities for treatment; – how the producers ensure compliance.
H Foreign Producers
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Requirements for producers who decide to report their own data despite being members of an integrated management system: – IMS identification and IMS product categories – Annual external auditor’s certificate of the previous year which indicates, at the very least, the amounts of each type of appliance placed on the national market. • Guarantee Data The amount and type of the guarantee, either recycling insurance or a blocked bank account. • Data on recycling partners/compliance schemes Most producers do not take care of the disposal themselves. Therefore, they need to sign a contract with a waste management company. The contract, along with the compliance scheme, must be submitted when registering.
G The Financial Guarantee There is no financial guarantee required from producers opting for collective compliance by joining a compliance scheme. • The guarantee amount is calculated as follows: On a case-by-case basis. The amount of the guarantee is calculated and proposed by the public administration on the basis of about 240 Euro per 1,000 kg of EEE put on the market. • The following types of guarantees are available: Blocked bank account or recycling insurance. Guarantee systems do not exist yet.
H Foreign Producers • Are foreign companies not represented by a local legal entity regarded as “producers”? No. A manufacturer headquartered outside of Spain must have a legal representative in Spain in order to be able to register as a producer. If they do not have a representative, they must appoint one and once the representative is legally recognized, they can register as a producer. • Can foreign producers use the “agent model”? No, the agent model cannot be applied.
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I Labelling EEE products must be labelled; for B2C equipment this includes the following elements: 1) Identity of producer (brand name, trademark, registration number, or the like). 2) Symbol of crossed-out wheelie bin. 3) Statement that the equipment was first put on the market after 13 August 2005. The following details must be provided for B2B equipment: 1) Identity of producer (brand name, trademark, registration number, or the like). 2) Statement that the equipment was first put on the market after 13 August 2005.
J Reporting Depending on the selected system, the input reporting will be submitted either by the selected Compliance Scheme or individually by the producer or distributor himself. • How often do you need to report? For individuals and compliance schemes: on an yearly basis. • How can you submit the reporting? Reporting data must be submitted online.
K The National Recycling Market The Spanish recycling market has competitive structures. • Existing Compliance Schemes are the following: AMBILAMP C/Martínez Villergas, 49 Madrid Tel: +34 91 566 97 12 Homepage: www.ambilamp.com ASIMELEC Asociación Multisectorial de Empresas Españolas de Electrónica y Comunicaciones C/Orense, 62 28020 Madrid Tel: +34 91 417 08 90 Fax: +34 91 555 03 62 E-mail:
[email protected] Homepage: www.asimelec.es
K The National Recycling Market
ECOFIMATICA C/Orense, 62 28020 Madrid Tel: +34 91 417 08 90 Homepage: www.ecofimatica.es ECOLEC Pº de la Castellana, 91 28046 Madrid Tel: +34 91 902 99 95 61 Fax: +34 91 2975497 E-mail:
[email protected] Homepage: www.ecolec.es ECOLUM C/Príncipe de Vergara, 57 Madrid Tel: +34 91 590 14 24 Homepage: www.ecolum.es ECO RAEES´ C/Fontanares, 60 Valencia Tel: +34 96 358 77 04 E-mail:
[email protected];
[email protected] Homepage: www.ecoraee.com ECOTIC FUNDACIÓN Av. Sarrià, 28, 1º 1ª 08029 Barcelona Tel: +34 93 419 40 48 Fax: +34 93 419 45 67 E-mail:
[email protected] Homepage: www.ecotic.es ERP – European Recycling Platform C/ Del Viento, 10E 28760 Tres Cantos – Madrid Tel: +34 91 806 30 42 Fax: +34 91 804 72 95 E-mail:
[email protected] Homepage: www.erp-recycling.org
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• Do these Compliance Schemes also accept foreign producers as members, i.e. in connection with the “agent model”? A foreign producer must have a legal representative or has to be registered as a legal entity in Spain.
L Where Can You Find Further Information? Ministry of Industry: www.mityc.es/RAEE
M Who Can Support You? Sönke Lund, Rechtsanwalt & Abogado mmm&m Monereo, Meyer & Marinel-lo Abogados S.L. Passeig de Gràcia, 98, 4t E-08008 Barcelona Tel: +34 934 875 894 Fax: +34 934 873 844 • Key activities Law firm specialized in corporate and commercial law governing cross-border trade. Support and representation of clients mainly in IP law, regulatory affairs, consumer protection and distribution structuring and environmental matters amongst others, and, in particular, in the implementation of and compliance with WEEE, RoHS and EuP Directives and Spanish national regulations. • WEEE-related support they can offer Support in WEEE and RoHS implementation, registration and organization. • Further information www.mmmm.es
Sweden
A The National WEEE Legislation The main piece of legislation implementing the WEEE Directive 2002/96/EC in Sweden is Government Ordinance (2005:209) on Producer Responsibility for Electrical and Electronic Equipment, hereinafter referred to as the “WEEE Ordinance”. The RoHS Directive 2002/95/EC is implemented through amendments to the Chemical Products (Handling, Import, and Export Prohibitions) Ordinance (1998:944), which refers to the scope of products set out in Annex 1 to the WEEE Ordinance. Guidance on the application of the WEEE Ordinance is found in the government’s preparatory work no. 2005:1. The WEEE Ordinance came into force on 13 August 2005. • Which authority is responsible for the implementation of the directive into national law? It is the Swedish Environmental Protection Agency (in Swedish “Naturvårdsverket”, hereinafter referred to as the “EPA”). Contact details: The Swedish Environmental Protection Agency SE-106 48 Stockholm, Sweden Tel: +46 8 698 10 00 Fax: +46 8 20 29 25 Open hours: 08.00–16.40 (in summer: 08.00–16.00) E-mail:
[email protected]
Gärde Wesslau Advokatbyrå Note: Underlined sections are not in line with the WEEE Directive and/or the FAQ Document of the European Commission (http://ec.europa.eu/environment/waste/pdf/faq_weee.pdf). However, this does not mean that the national law violates European law. The discrepancies are part of the range of applications given to the national authorities by the WEEE Directive.
E. Westkämper et al. (eds.), National Registration for Producers of Electronic Waste, C Springer-Verlag Berlin Heidelberg 2009 DOI 10.1007/978-3-540-92746-4_25,
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Web site: http://www.naturvardsverket.se Visiting address: Blekholmsterrassen 36, Stockholm
B Critical Definitions • “Producer” In Section 3 of the WEEE Ordinance, a “producer” is defined as any person or legal entity who (1) manufactures electrical and electronic products which he sells under his own brand; (2) sells under his own brand electrical and electronic products which do not bear a brand attributable to a producer referred to in (1) above; or (3) on a professional basis either imports electrical and electronic products into Sweden or exports such products from Sweden to another member states of the European Union. The definition does not include a person who merely provides financing under a loan, lease, rental or hire purchase agreement, irrespective of whether ownership to the product is or may be transferred by virtue of the agreement. • “Place/put on the market” The WEEE Ordinance contains no definition of the term “place/put on the market”. However, when it comes to determining at what time a product enters the market, the EPA will look to real dispositions, such as clearance of a product through Swedish customs or the physical delivery of a product, rather than to theoretical occurrences, such as the formation of a sales contract. • “Historical” and “new” waste Waste from products that were put on the national market prior to 13 August 2005 is referred to as “historical waste”, whereas waste from products put on the national market subsequent to that date is referred to as “new waste”. • Household (B2C) and non-household (B2B) products B2C products are defined as Electrical or electronic products that are typically found in households and that can therefore be expected to become household waste (Section 4 of the WEEE Ordinance). In other words, it is the construction, function and normal area of use that determines whether a product should count as a household product. It is irrelevant whether the product is purchased by a business or by a consumer. For example,
C
The National Scope of WEEE
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a personal computer is a household product, regardless of whether it is used in the home or in a business. B2B products are distinguished from B2C products by way of negative definition. Thus, all products not being B2C products are B2B products.
C The National Scope of WEEE For the purposes of the WEEE Ordinance, electrical and electronic products means products that are designed for use with a voltage rating not exceeding 1,000 V for alternating current and 1,500 V for direct current and that 1. are designed for and dependent on electric current or electromagnetic fields to work properly; or 2. are designed for the generation, transfer or measurement of electrical currents or electromagnetic fields. Annex 1 to the WEEE Ordinance contains a list of the products covered, which is intended to be exhaustive. The list enumerates the 10 product categories set out in Annex 1A to the WEEE Directive and under each category provides a description of the various functions and areas of use of the products covered. Thus, it should be noted that Annex 1 to the WEEE Ordinance, in contrast to Annex 1B to the WEEE Directive, does not list actual products (refrigerators, washing machines, etc). Some further guidance on the scope is given in the preparatory works. • Who is responsible for a correct categorization into the 10 WEEE categories and the national types of equipment? What are the criteria? The producer is responsible for categorizing the products. The EPA provides advice and guidance on the scope and on classification issues on request. • How to distinguish components and finished products? The WEEE Ordinance does not specifically deal with the distinction between “components” and “finished” products nor is there any specific guidance on that issue in the preparatory works. It can be expected that the EPA will look to the EU Commission’s FAQ guidance notes when making this distinction. • Do fixed installations fall within the scope of the national WEEE? The term “fixed installation” is not used per se in the WEEE Ordinance and there is no specific guidance on this issue in the preparatory works. Only largescale stationary industrial tools in category 6 are explicitly left outside the scope of the WEEE Ordinance. However, the EPA is likely to take account of the EU Commission’s FAQ guidance notes concerning fixed installations.
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D National Timelines National timelines exist for. . . Registration: start and/or due date?
Labelling Joining a Compliance Scheme (CS)
Start of the take-back system
Financial guarantee
Quantity reporting Reporting of fulfilment of producer responsibilities
The Swedish Register opened on 20 September 2006. Producers had to register no later than 31 January 2007. New producers are required to register no later than 1 month after commencing sales of EE products The labelling requirements came into force on 13 August 2005 Membership of a compliance scheme must be reported no later than 2 months after registering as a producer in the EE Register The take-back obligation came into effect when the Swedish implementation entered into force on 13 August 2006. The producer must submit a report on how he intends to fulfil his obligations concerning take-back no later than 2 months after registering as a producer in the EE Register. Furthermore, the producer is required to report annually the quantities of WEEE that have been taken back or processed, etc. no later than 28 February of the year following the year of activity. No later than 2 months after commencing activities as a producer. Fulfilment of the guarantee must be reported no later than 31 October each year Annually no later than 28 February Annually no later than 31 October
E The National Registration Body The Swedish Environmental Protection Agency (in Swedish “Naturvårdsverket”) Contact details: SE-106 48 Stockholm, Sweden Tel: +46 8 698 10 00 Fax: +46 8 20 29 25 Open hours: 08.00–16.40 (in summer 08.00–16.00) E-mail:
[email protected] Web site: http://www.naturvardsverket.se/eeregistret/ Visiting address: Blekholmsterrassen 36, Stockholm Contact persons: Annika Idenfors, Olle Dahlén, Lars Eklund and Lena Jacobsson
F
Data Required for Registration
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• Who is obliged to register? Producers, as defined in the WEEE Ordinance, are required to register. Producers who choose to join a compliance scheme must nevertheless register with the EPA. • What are the prerequisites for registration? Anyone who fits the producer definition must register. The ambition is for the EE Producer Register to be open to domestic and foreign producers alike. However, so far it is necessary for foreign businesses to have local representation. • How can you register and in which language? Registration is done exclusively online, at http://www.naturvardsverket.se/ eeregistret/. Producers choose a login name and are assigned a password. The EE Register web site is available in Swedish and English. • Fees for registration In connection with the annual reporting, producers will be charged a fee of SEK 3,000/year, which is intended to cover the administration costs of the EPA. There is no fee for the registration as such. • National WEEE registration number There is no WEEE registration number in Sweden.
F Data Required for Registration • Company Data Producers are required to submit the following information on the online registration form: 1. 2. 3. 4. 5.
Company name Corporate identification number or equivalent Address Invoicing address Name of a contact person, including telephone number and e-mail address
• Product Data Producers are required to indicate which of the 10 product categories listed in the WEEE Ordinance he intends to sell, using the categorization in Annex 1 to the WEEE Ordinance and indicating whether the products are household products or other products. The data must be submitted no later than 2 months after the producer’s registration in the EE Register. Any future change of products must also be reported within 2 months.
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• Guarantee Data The producer is not required to provide information concerning the guarantee at the time of registration (see further below). • Data on recycling partners/compliance schemes Producers who sell B2C products in Sweden are required to either establish or join a collection system that covers all of the Swedish municipalities. Consequently, they are required to report to the EPA how this obligation has been fulfilled.
G The Financial Guarantee The requirement to provide a financial guarantee only applies to producers of B2C products. • Requirements for the financial guarantee See below. • The guarantee amount is calculated as follows: The amount should correspond to the total costs for dealing with the product (take-back, processing, disposal, recycling, etc.) at the end of its normal lifespan. The amount may be reduced if it is probable that the materials included in the product have a remaining value that will cover part of the costs. The calculations of management/recycling costs and the product’s expected lifespan must be provided on the EPA’s request. The EPA will compare the information on the management/recycling costs with that provided by other producers of equivalent products. In case of considerable variations from the norm, the producer will be required to show that the deviation is justified due to the product’s design or construction. (See further below.) • The following types of guarantees are available: Bank guarantees, blocked bank accounts, or insurance solutions are all acceptable ways of providing the financial guarantee. So is membership of a collective compliance scheme, under certain conditions. The following types of guarantees may be issued by a bank or insurance company operating under Swedish law: – An insurance guaranteeing sufficient coverage of the costs fo management/recycling of the products. – A bank guarantee for an amount in Swedish currency, which is adjustable annually to correspond to the producer’s accumulated guarantee obligation. The guarantee should be drafted so that it allows the EPA to claim the guaranteed amount in case the producer does not fulfil his obligations, e.g. for reasons of insolvency.
G The Financial Guarantee
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– A blocked bank account in Swedish currency which is pledged in favour of the supervisory authority and from which the producer is allowed to withdraw funds only with the prior permission of the supervisory authority. The pledge agreement should be drafted so that it allows the EPA to claim the guaranteed amount in case the producer does not fulfil his obligations, e.g. for reasons of insolvency. Furthermore, collective financing system may constitute a sufficient financial guarantee, provided that 1. the financing system ensures that sufficient means are funded in a manner which ensures that the members of the system are not entitled to dispose of the means and that the system undertakes, in relation to its members, not to use the funded means for any other purpose than for the fulfilment of producer responsibilities under the WEEE Ordinance; or 2. the members of the system explicitly undertake, if need be, to assume responsibility for each other’s waste from household products (a so-called “explicit recycling commitment”), and the system is sufficiently solid to guarantee that the waste of its members is dealt with. If the collective financing system is based on an explicit recycling commitment, the total surety of its members should exceed the total costs for dealing with the members’ products, calculated in accordance with the guidelines referred to herein above. The EPA considers that up to 150% of the calculated cost is a suitable coverage in order to fulfil such a reciprocal commitment. A collective financing system should be considered to have sufficient solidity if 1. the members of the system have an acceptable credit rating in relation to the total guarantee commitment of the members; 2. the number of members of the system is such that the system cannot be considered to be dependent solely on a few members; and 3. the system has funded means that cover the management of such waste as is referred to in Section 18 of the WEEE Ordinance for one reporting period, i.e. 1 year. It should be noted that producers who sell B2C products in Sweden are required to join a collective collection scheme that covers all of the Swedish municipalities or alternatively to set up their own system covering all the municipalities. In effect this means that most producers of B2C products in Sweden will join El-Kretsen AB, which is the only existing collective collection scheme with nationwide coverage. Through their membership of the scheme, those producers are automatically covered by a financial guarantee. There must be a written agreement between the collective financing system and each member. At present there is only one Swedish national compliance scheme that fulfils the above requirements, namely El-Kretsen AB.
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H Foreign Producers • Are foreign companies not represented by a local legal entity regarded as “producers”? Foreign producers not represented by a local legal entity are capable of being regarded as producers if they carry on activities corresponding to the producer definition in Sweden. However, it is not possible for foreign producers to register in Sweden without having local representation, e.g. by setting up a Swedish subsidiary or branch office. The producer responsibilities will then be incumbent upon the local company or branch. • Can foreign producers use the “agent model”? The agent model is not applicable in Sweden, i.e. it is not possible for a producer to assign or delegate his obligations under the WEEE Ordinance.
I Labelling All products covered by the WEEE Ordinance must be labelled with information data showing that the product was put on the market after 13 August 2005 and with information identifying the producer. More information can be found in the European standard with the Swedish number SS-EN 50419, published by the Swedish Standards Institute (www.sis.se). The below symbol must be affixed in a clearly visible place, it should be printed clearly and in such a way that it will remain visible at the time of disposal of the product. If warranted because of the size or function of the product, the symbol may instead be placed on the packaging or in a written manual or a warranty certificate accompanying the product.
J Reporting Producers are required to submit annual reports on the following: 1. The products sold during the reporting period, specifying – product category, i.e. B2B or B2C and categories 1–10; – quantities in weight or in numbers; – sales in Sweden and in other EU countries by distance selling.
K The National Recycling Market
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Reports for the preceding year must be submitted no later than 28 February. 2. The quantities of products collected and treated in kilograms, specified in product categories 1–10. The data shall be provided for household waste as well as for waste other than household waste. Quantities collected and treated shall be divided into the following items: – – – – – –
Re-used without previous treatment Re-used after previous treatment Material recycled Energy recovered Other disposal Exported for waste management
Reports for the preceding year must be submitted no later than 28 February. 3. How producer responsibilities have been fulfilled, in terms of – collection; which system or systems has been used for the collection of waste from new and historical waste and B2B and B2C products, respectively; – the treatment of waste; – financial guarantees – only applicable to producers of household products (see section G herein above). This information must be provided annually no later than 31 October concerning the preceding calendar year. Reporting is made exclusively online at http://www.naturvardsverket.se/ eeregistret/.
K The National Recycling Market Large-scale private enterprising in the waste-handling sector is of relatively recent date in Sweden. The municipal monopoly on the handling of hazardous waste was abolished as late as July 2007. Waste handling is still publicly run in a number of municipalities. As is often the case in recently deregulated markets, there are remaining problems with the competitive structures. The waste collection market in particular is highly compartmentalized, and oligopolistic, or even near monopolistic, structures are common in local markets. • Existing Compliance Schemes are the following: El-Kretsen AB is as yet the only existing nationwide compliance scheme and reportedly has a 1000+ member companies, which constitute 90–95% of the market. Information in Swedish and English is found at El-Kretsen AB’s web site, http://www.el-kretsen.se. El-Kretsen AB also provides certain services to non-member companies. • Do these Compliance Schemes also accept foreign producers as members, i.e. in relation with the “agent model”? El-Kretsen accepts foreign producers as members and as customers.
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L Where Can You Find Further Information? The web site of the Swedish EE Register: http://www.naturvardsverket.se/ eeregistret The Swedish Chemicals Inspectorate: http://www.kemi.se The compliance scheme El-Kretsen: http://www.el-kretsen.se
M Who Can Support You? Gärde Wesslau Advokatbyrå Box 5208, SE-102 45 Stockholm, Sweden Tel: +46 8-587 240 00 Fax: +46 8-587 240 01 E-mail:
[email protected] Visiting address: Nybrogatan 34 Web site: http://www.garde.se • Key activities Gärde Wesslau Advokatbyrå is a full-service commercial law firm. As an active member of several renowned international legal networks, we are able to offer legal services in co-operation with law firms in more than 50 countries throughout the world. • WEEE-related support they can offer A strong Environmental Law Practice Group and extensive experience of all aspects of European Community law allows us to offer qualified legal advice on Sweden’s implementation of the WEEE Directive. For example, the firm presently represents a major multinational corporation against the EPA in one of the first WEEE-related litigations in Sweden. • Further information The firm also assists in all other legal aspects of our clients’ business, such as corporate law, mergers and acquisitions, contract law, intellectual property and dispute resolution.
The Netherlands
A The National WEEE Legislation The Netherlands implemented the WEEE and the RoHS Directives through the WEEE Management Regulations (“the Regulations” in the following) of 19 July 2004, which came into force on 1 January 2005 (for all equipment except lighting) and the WEEE Management Decree (“the Decree” in the following) of 6 July 2004, which came into force on 13 August 2004 (exception: provisions for marking equipment, which came into force on 13 August 2005). The provisions for lighting came into force on 13 August 2005. • Which authority is responsible for the implementation of the directive into national law? The Ministry of Housing, Spatial Planning and the Environment (VROM): www.vrom.nl
B Critical Definitions • “Producer” Sec. 1 no. 1e. of the Decree and § 1 sec. 1 no. 1j. of the Regulations define the term “producer” as follows: Any person who, irrespective of the selling technique used (i) manufactures and sells EEE under his own brand; or (ii) resells under his own brand electrical and electronic equipment produced or imported and sold by other suppliers, unless the brand of a producer, as defined above under (i), appears on the equipment; or
1WEEE Services GmbH Note: Underlined sections are not in line with the WEEE Directive and/or the FAQ Document of the European Commission (http://ec.europa.eu/environment/waste/pdf/faq_weee.pdf). However, this does not mean that the national law violates European law. The discrepancies are part of the range of applications given to the national authorities by the WEEE Directive.
E. Westkämper et al. (eds.), National Registration for Producers of Electronic Waste, C Springer-Verlag Berlin Heidelberg 2009 DOI 10.1007/978-3-540-92746-4_26,
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(iii) in the pursuit of his profession or conduct of his business imports or exports EEE into or out of the Netherlands; with the exception of any party who exclusively provides finance under or pursuant to a finance agreement. • “Place/put on the market” The Explanatory memorandum to the Regulations states in the comment to Section 11 that the term “put on the market” is used in the same meaning as the term “place on the market” as defined in the Guide to the Implementation of Directives Based on the New Approach and Global Approach: “It is the initial action of making a product available for the first time on the Community market, with a view to distribution or use in the Community. Making a product available can be either for payment or free of charge. A product is made available for the first time when, following the production phase, possession of the product is transferred with a view to further distribution or use.” • “Historical” and “new” waste “Historical” waste means EEE placed on the market before 13 August 2005. “New” waste means EEE placed on the market after 13 August 2005. • Household (B2C) and non-household (B2B) products The Regulations, § 1 Sec. 1 l. define B2C WEEE as follows: B2C WEEE means WEEE which comes from private households, or commercial, industrial, institutional and other sources, insofar as the equipment in question is similar to equipment from private households in terms of its nature and quantity. Thus B2B products are all other products. But in fact, the decision between B2C and B2B is done by the different Collective Systems themselves which have their own criteria for the distinction. RTA, for example, classifies EEE as B2B if 80% of it is sold to business consumers whereas ICT decides by weight if a product is household or non-household: Equipment below 35 kg is classified as B2C, equipment above 35 kg is classified as B2B.
C The National Scope of WEEE EEE covered by the national WEEE legislation is defined in Sec. 1, no. 1d. of the Decree and § 1 Sec. 1b. of the Regulations: EEE means equipment which is dependent on electric currents or electromagnetic fields in order to work properly and equipment for the generation, transfer and measurement of such currents and fields, which (i) falls under one of the categories set out on Annex IA to Directive no. 2002/96; and (ii) is intended for use with a rated alternating voltage not exceeding 1,000 V or a rated direct voltage of 1,500 V.
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• Who is responsible for a correct categorization into the 10 WEEE categories and the national types of equipment? What are the criteria? The Collective Systems give non-legally binding indicators (e.g. the BEA Indicator, see www.bea-indicator.nl), but the final decision on whether a product is covered by the Decree and/or the Regulations or not is done by the Ministry of Housing, Spatial Planning and the Environment (VROM). • The national types of equipment The Regulations refer to Annex IB of the WEEE Directive. • How to distinguish components and finished products? A finished product has an independent or direct function, its own casing and connecting points intended for the end-user. Independent or direct function means the function that enables the kind of use for an end-user as specified by the manufacturer. Source: BEA Indicator (Document: “Which appliances fall under the Decree/Regulations for the management of electrical and electronic equipment?”), www.bea-indicator.nl • Do fixed installations fall within the scope of the national WEEE? The Dutch interpretation of the term “fixed installation” is more specific than the definition of the EU Commission in its FAQ document as it only applies to category 6 (large stationary industrial tools).
D National Timelines
National timelines exist for. . . Registration: start and/or due date Labelling Joining a Compliance Scheme (CS) Start of the take-back system
1 July 2004 13 August 2005 Not applicable Not applicable
E The National Registration Body SenterNovem, an agency of the Dutch Ministry of Economic Affairs for innovation and sustainable development, runs the national registration for individually complying producers. SenterNovem has currently four offices in The Netherlands. Please find the addresses on the following web site: www.senternovem.nl
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• Who is obliged to register? Only individually complying producers. Producers/importers being members of a Compliance Scheme will be registered by the scheme. • What are the prerequisites for registration? The producer needs a Chamber of Commerce registration number. • How can you register and in which language? Registration is only available in Dutch. • Fees for registration Registration at SenterNovem is free of charge. The producers/importers joining a Compliance Scheme have to pay the fee charged by the respective Collective System. • National WEEE registration number Not applicable
F Data Required for Registration • Company Data – Name – Address – Telephone number – Fax number – E-mail – Chamber of Commerce registration number • Product Data – Product categories – End-users of the EEE: private households, companies or both? – Distribution channel (Are the products supplied directly to end-users or do end-users purchase the products from retailers?) • Guarantee Data Not applicable • Data on recycling partners/compliance schemes Name and address details of the respective organisation.
G The Financial Guarantee The Explanatory memorandum to the Regulations states in the comment to Section 11, subsections 4 and 5 that individual compliers must provide a guarantee. Compliance Systems can take over this obligation for their members. The
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Compliance System has to ensure that they have sufficient members and funds to fulfil this obligation. • Requirements for the financial guarantee No further details are available. • The guarantee amount is calculated as follows: No further details are available. • The following types of guarantees are available: The guarantee may be based on recycling insurance, a blocked bank account or membership of an appropriate scheme for the financing of waste management activities.
H Foreign Producers • Are foreign companies not represented by a local legal entity regarded as “producers”? No. • Can foreign companies not represented by a local legal entity register as “producers”? VROM permits companies without a local legal entity in the Netherlands but inside Europe to take over the obligations from their Dutch distributors. Therefore, the registration and a separate agreement must be entered into with the respective Collective System. • Can foreign companies use the “agent model”? No.
I Labelling The labelling requirements apply to both B2C and B2B. The party who first puts the EEE on the European market is responsible for marking the product. If a Dutch importer imports an unmarketed product from within Europe, he is responsible for the labelling. Three elements are required in doing so: 1. The crossed-out mobile rubbish bin. 2. Identification of the manufacturer (e.g. brand name). 3. An indication that the device was introduced to the market after 13 August 2005. This can be done in two different ways:
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(a) by marking it with a date (either or not in code form) (i) if not encoded it must be done in accordance with EN 28601; (ii) if encoded, the code must be disclosed to the processor (in this case the collective system); (b) by means of a black line in accordance with EN 50419, in combination with the crossed-out rubbish bin. Both formats (a and b) may be used simultaneously.
J Reporting § 7 Sect. 16 of the Regulations stipulates that within 6 months of the end of each calendar year, the producer shall inform VROM regarding the action taken to fulfil all obligations under these Regulations and regarding the amount of EEE put on the market during the year in question. • How often do you need to report? Annually. • How can you submit the reporting? The reporting can be submitted via postal mail or e-mail.
K The National Recycling Market The waste disposal market in the Netherlands has a competitive structure. • Existing Compliance Schemes are the following: 1. Stichting NVMP: all WEEE categories except 3 and 7 Boerhaavelaan 40 Postbus 190 – 2700 AD Zoetermeer Phone: +31 (0) 79 35 31 100 Fax: +31 (0) 79 35 31 365 E-mail:
[email protected] Web site: www.nvmp.nl
L Where Can You Find Further Information?
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2. Stichting ICT Milieu: covers only cat. 3 (B2C and B2B) Postbus 401 3440 AK Woerden The Netherlands Phone: +31 (0)348-49 36 40 E-mail:
[email protected] Web site: www.ictmilieu.nl 3. Stichting RTA: services for B2B WEEE only; all categories Postbus 2099 3800 CB Amersfoort E-mail:
[email protected] Web site: www.stichtingrta.nl 4. Stichintg Lightrec: covers B2C and B2B WEEE, but only category 5 Boerhaavelaan 40 Postbus 190 2700 AD ZOETERMEER Phone Helpdesk: (31) 079-3531123 E-mail:
[email protected] Web site: www.lightrec.nl 5. Stichting Spaalicht: only category 5 T.a.v. de heer P.C. Walraven Postbus 182 2260 AD LEIDSCHENDAM Phone: +31 (0)70-444 25 87 Fax: +31 (0)70-317 50 46 Web site: www.spaarlicht.nl
• Do these Compliance Schemes also accept foreign producers as members, i.e. in relation with the “agent model”? Yes, please see above.
L Where Can You Find Further Information? www.bea-indicator.nl www.senternovem.nl www.1weee-services.com (European Wide All-Inclusive WEEE Service)
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M Who Can Support You? Ms. Christina Brandmann, Legal Counsel Schickardstr. 30, 71034 Boeblingen, Germany Phone: +49 (0)7031/43938-0, Fax: +49 (0)7031/43938-222 E-mail:
[email protected] Web site: www.1weee-services.com • Key activities 1WEEE Services offers consulting on waste-related legislations (such as WEEE, batteries and packaging) across Europe and North America as well as operational compliance services. • WEEE-related support they can offer 1WEEE Services supports companies from all over the world which sell electrical and electronic products. We accompany our clients along the whole range of takeback obligations and are able to provide them with either a full-service package or exactly those segments of the package they select as their tailored support. We offer (a) Legal and business consulting and administration services, e.g. – Legal assessments – Proposals for cooperation with distribution partners – Registration with national authorities (b) Process management to help our customers, e.g. – – – – – –
Adapt their processes and IT for WEEE, battery and packaging services Select the appropriate supplier for logistics, take-back and recycling Fulfil the reporting duties to clearing houses and recycling schemes Finance guarantees and future take-back obligations Select a trustee for guarantees Get a single contact for all customers’ concerns
Independent from any recycling company, 1WEEE Services can serve as an environmental pilot in (a) (b) (c) (d) (e)
27 EU member states 50 US states 13 Canadian provinces and territories Norway and Switzerland other neighbouring countries
offering proactive consulting and smart compliance services.
United Kingdom
A The National WEEE Legislation The Waste Electrical and Electronic Equipment Regulations, S.I. 2006 No. 3289 Environmental Protection (“The WEEE Regulations” in the following) were adopted on 12 December 2006 and came into force on 2 January 2007. The WEEE Regulations cover England, Wales, Scotland and Northern Ireland. • Who is designated to enforce the law? The Department for Business, Enterprise and Regulatory Reform (BERR) is responsible for transposing the WEEE Directive into UK law, working in partnership with the Devolved Administrations.
B Critical Definitions • “Producer” “Producer” means any person who, irrespective of the selling technique used, including by means of distance communication in accordance with Directive 97/7/EC(d) as amended by Directive 2002/65/EC(e) on the protection of consumers in respect of distance contracts (a) manufactures and sells electrical and electronic equipment under his own brand; (b) resells under his own brand equipment produced by other suppliers, a reseller not being regarded as the “producer” if the brand of the producer appears on the equipment, as provided for in sub-paragraph (a); or (c) imports or exports electrical and electronic equipment on a professional basis into a member state. (Source: The WEEE Regulations, Part I, No. 2.)
1WEEE Service GmbH
E. Westkämper et al. (eds.), National Registration for Producers of Electronic Waste, C Springer-Verlag Berlin Heidelberg 2009 DOI 10.1007/978-3-540-92746-4_27,
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• “Place/put on the market” “Place/put on the market” is not defined in the WEEE Regulations. However, in the Government Guidance Notes of BERR, it is laid down that “sell” in the producer definition means placing a product on the UK market for the first time. • “Historical” and “new” waste “Historical waste” means waste that results from EEE put on the market before 13 August 2005. “New waste” is WEEE from products put on the market after that date. • Household (B2C) and non-household (B2B) products “WEEE from private households” means WEEE which comes from private households and from commercial, industrial, institutional and other sources which, because of its nature and quantity, is similar to that from private households. The Department for Business, Enterprise & Regulatory Reform (BERR) provides criteria to identify EEE from users other than private households: 1. Evidence in the form of signed contract between the business user and the producer (or party representing the producer, e.g. reseller under contract) that clearly assigns responsibilities for end of life collection and treatment costs, ensuring that the EEE will not be disposed of through municipal waste streams; or 2. EEE that due to its features is not used in private households and that will therefore not be disposed of through municipal waste streams. This criterion should be supported by either one or a combination of the following criteria: – EEE that is operated by specialised software as, for example, an operating system or system environment requiring a special configuration for professional use. – EEE operating at a voltage or having a power consumption outside of the range available in private households. – EEE requiring professional licenses to operate, e.g. Base Stations requiring the license of the telecommunication regulator. – EEE of large size or weight or requiring to be installed and de-installed or transported by specialists. – EEE which requires a professional environment and/or professional education (e.g. medical X-ray equipment). – EEE in category 10 of Annex 1A. – EEE outside of the scope of the General Product Safety Directive for Consumer products. – Statistics showing evidence that a particular type of EEE is not disposed through municipal waste streams (producer to provide argumentation/documentation).
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C The National Scope of WEEE The WEEE Regulations apply to electrical and electronic equipment which is dependent on electric currents or electromagnetic fields in order to work properly and equipment for the generation, transfer and measurement of such currents and fields falling under the categories set out in Schedule 1 to these Regulations and designed for use with a voltage rating not exceeding 1,000 V for alternating current and 1,500 V for direct current.
• Who is responsible for a correct categorization into the 10 WEEE categories and the national types of equipment? What are the criteria? The producer himself.
• The national types of equipment The national types of equipment are listed in Schedule 2 (list of products which fall under the 10 WEEE categories set out in Schedule 1).
• How to distinguish components and finished products? Components cover the range of discrete items that form part of a finished product and thus enable it to work properly, e.g. transistors, capacitors, diodes or internal wiring. Components are not finished products and therefore not considered to be EEE. (Source: BERR, Government Guidance Notes, page 14, 15)
• Do fixed installations fall within the scope of the national WEEE? The WEEE Regulations do not apply to large-scale stationary industrial tools falling under category 6. Furthermore, “fixed installations” falling under the following definition seem to be outside the scope of the WEEE Regulations: A “fixed installation” may be a combination of several pieces of equipment, systems, products and/or components (or parts) assembled and/or erected by a professional assembler or installer at a given place to operate together in an expected environment and to perform a specific task, but not intended to be placed on the market as a single functional or commercial unit. Equipment fixed for the purpose of health and safety eg: vending machines are not classed as “fixed installations” under the WEEE Directive. (Source: BERR, WEEE Government Guidance Notes, http://www.berr.gov.uk/ files/file42909.pdf)
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D National Timelines National timelines exist for. . . Registration
Labelling Joining a Compliance Scheme Start of the take-back system
Existing producers: By 15 March 2007 all producers should have joined a Producer Compliance Scheme which registers on their behalf. New producers: within 28 days of entering the market Since 1 July 2007 15 March 2007 1 July 2007
E The National Registration Body The Environment Agency for England and Wales (EA) Rio House Waterside Drive Aztec West Almondsbury Bristol BS32 4UD Tel:(UK) 08708 506 506; (non-UK) +44 1709 389 201 E-mail:
[email protected] Web site: www.environment-agency.gov.uk The Scottish Environment Protection Agency (SEPA) Erskine Court Castle Business Park Stirling FK9 4TR Tel:+44 (0) 1786 457 700 E-mail:
[email protected] Web site: www.sepa.org.uk The Environment & Heritage Service, Northern Ireland Producer Responsibility Unit Klondyke Building Cromac Avenue Gasworks Business Park Lower Ormeau Road Belfast BT7 2JA
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Tel:+44 (0) 28 9056 9387 E-mail:
[email protected] Web site: www.ehsni.gov.uk • Who is obliged to register? All producers and importers, which place EEE on the UK market for the first time, have to join a Compliance Scheme. Registration will be done by the scheme. • What are the prerequisites for registration? Being a member of a Compliance Scheme. • How can you register and in which language? See above, registration is only possible through a Compliance Scheme. Each CS handles the registration individually. Registration is done by the scheme in English language. • Fees for registration The annual registration charge is given in Regulation 45 for England, Wales and Scotland, for Northern Ireland – £445 for businesses with a turnover over £1m – £220 for businesses over VAT threshold but less than £1m turnover – £30 for businesses below VAT threshold The payment of the annual registration charge is done through the selected Producer Compliance Schemes. • National WEEE registration number The registered producer has to provide its registration number to distributors when they supply EEE.
F Registration Data • Company Data In general the following data have to be provided towards the different Producer Compliance Schemes: 1. contact information for the business 2. a copy of the producer mark(s) you place on EEE 3. Standard Industrial Classification code, if applicable • Product Data The producer needs to provide EEE sales data for the previous year, broken down into the 13 compliance categories and household and non-household. • On Financial Guarantee Data • Data on chosen recycling partners/compliance schemes
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G The Financial Guarantee A financial guarantee is currently not required.
H Foreign Producers • Are foreign companies not represented by a local legal entity regarded as “producers”? Yes. A foreign producer selling directly B2C or B2B EEE to UK end-users is considered to be a “producer” and therefore has to comply with all WEEE obligations in the UK. A foreign producer selling to UK distributors is allowed to register via membership of a Producer Compliance Scheme and take over the obligations of their distributors. However, UK distributors should ensure that the foreign producer they deal with has actually registered, because enforcement actions would be taken first against the local distributor. • Can foreign companies not represented by a local legal entity register as “producers”? Yes, please see above. • Can foreign companies use the “agent model”? As foreign producers can register directly via a Producer Compliance Scheme, an “agent model” is not needed and therefore not applicable.
I Labelling The requirements are the same as in the EU WEEE Directive: you have to mark your EEE with the crossed-out wheeled bin. Markings on EEE should confirm that the item was put on the market on or after 13 August 2005. This can be achieved through use of the black bar under the crossed-out wheeled bin symbol, which is part of the standard described above, or a date code. The identity of the producer of the EEE must also be clearly marked using the producer identification. You must place the symbol and date mark in a visible, legible and indelible form on the product itself, except for in exceptional cases where this is not possible because of the size or function of the product. In such cases, the symbol must be printed on the packaging, the instructions for use and the accompanying warranty. (Source: Art. 15, 16 of the WEEE Regulations)
M
Who Can Support You?
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J Reporting • How often do you need to report? The producer needs to report information about the amounts of EEE in tons and categories placed on the UK market on a quarterly base to the Compliance Scheme. UK producers selling directly to end-users in other member states do not need to report but must retain records of sales for a period of 4 years, including how they have complied with their obligations in those member states. • How can you submit the reporting? As the data are issued to the Compliance Scheme this is depending on the chosen system.
K The National Recycling Market The UK Recycling Market has a competitive structure: Over 30 compliance schemes were approved by the UK Environment Agency or the Scottish Environmental Protection Agency so far. • Existing Compliance Schemes are the following: The Department for Business Enterprise & Regulatory Reform published a list of compliance schemes that are approved to operate a producer compliance scheme for the WEEE Regulations: http://www.environment-agency.gov.uk/commondata/ acrobat/approved_schemes_1734809.pdf
L Where Can You Find Further Information? http://www.berr.gov.uk/sectors/sustainability/weee/page30269.html www.vca.gov.uk
M Who Can Support You? Christina Brandmann, Legal Counsel Ofira Varga, Senior Consultant 1Weee Services GmbH, Schickardstrasse 30, 71034 Boeblingen, Germany Phone: +49 (0) 7031 43938-0 Fax: +49 (0) 7031 43938-222 E-mail:
[email protected] Web site: http://www.1weee-services.com / • Key activities 1WEEE Services offers consulting on waste-related legislations (such as WEEE, batteries and packaging) across Europe and North America as well as operational compliance services.
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• WEEE-related support they can offer 1WEEE Services supports companies from all over the world which sell electrical and electronic products. We accompany our clients along the whole range of takeback obligations and are able to provide them with either a full-service package or exactly those segments of the package they select as their tailored support. We offer (a) Legal and business consulting and administration services, e.g. – Legal assessments – Proposals for cooperation with distribution partners – Registration with national authorities (b) Process management to help our customers, e.g. – – – – – –
Adapt their processes and IT for WEEE, battery and packaging services Select the appropriate supplier for logistics, take-back and recycling Fulfil the reporting duties to clearing houses and recycling schemes Finance guarantees and future take-back obligations Select a trustee for guarantees Get a single contact for all customers’ concerns
Independent from any recycling company, 1WEEE Services can serve as an environmental pilot in (a) (b) (c) (d) (e)
27 EU member states 50 US states 13 Canadian provinces and territories Norway and Switzerland, other neighbouring countries
offering proactive consulting and smart compliance services.
