The EC RoHS and WEEE Directives - Stakeholder Update 20 June 2011

Agenda 14:00 Introductions 14:10 RoHS Update & Implementation Plans 14:30 Q&A and Discussion on Key Issues 15:15 Tea & Coffee Break 15:30 WEEE Negotiations Update 15:50 Q&A and Discussion on Key Issues 16:45 Close

European Commission European Parliament Council 27 Member States Vote Environment Committee Commission’s proposals published December 2008 Plenary vote Environment Council Negotiations If agreement = first reading deal If no agreement = second reading 18 months + If no agreement at second reading = conciliation

RoHS Directive Update & Implementation Plans

Headline: November 2010 First Reading Deal Secured!

Key Issues  Scope  Exclusions  Additional Substances  Exemptions Procedure  The ‘Goods Package’

Scope The Directive will apply to: - the 8 original RoHS Categories plus WEEE Categories 8 and 9 – phased in between 3 and 6 years plus Category 11 – “Other EEE not covered by any of the categories above”! But delayed…………. Category 11 does not apply for 8 years …. and subject to review to be undertaken by Commission within 3 years In addition, list of agreed exclusions to ‘open’ scope

Scope - Agreed Exclusions 1.Military equipment 2.Equipment designed to be sent into space 3.Equipment designed and installed as part of another type of equipment not within scope 4.Large-scale stationary industrial tools 5.Large-scale fixed installations 6.The means of transport 7.Non-road mobile machinery for professional use 8.Active implantable medical devices 9.Photovoltaic panels 10.R&D equipment only available on B to B basis

Scope - Definitions “Electrical and Electronic Equipment (EEE)”  Same as that in the current RoHS Directive “Dependent”  Commission's old FAQ – dependent on electric current or electromagnetic fields for its primary function  Recast – dependent on electric currents or electromagnetic fields to fulfil at least one intended function

Additional Substances  No immediate change to the restricted list of the RoHS six substances, ( ie. lead, mercury, cadmium, hexavalent chromium, PBBs and PBDEs) but…….  will be covered by the review at 3 years which will be based on a REACH methodology, (Article 6)

Exemptions Procedure Substitution is scientifically or technically impraticable Reliability of substitutes Total negative environmental, health and consumer safety impacts of the substitution outweigh the total environmental, health and consumer safety benefits Availability of substitutes Socio-economic impact of substitution Impacts on innovation Life-cycle thinking Stand-alone criteria for granting Criteria for granting and length Criteria for length

Exemptions Procedure Duration of the Exemptions 5 years for Categories 1-7, 10 and 11 7 years for Categories 8 and 9 Renewal Application to be made 18 months before exemption expires Commission to decide no later than 6 months before expiry date Rejection of renewal or exemption shall not take effect until at least 12 months and no later than 18 after the date of the Commission decision

The ‘Goods Package’  Recast Directive is aligned with EC Regulation No. 765/2008 (RAMS), which sets out the requirements for accreditation and market surveillance relating to the marketing of products  The RAMS Regulation has been directly applicable in all Member States from 1 January 2010  CE marking  Articles 7 to 18 and Annex VI

RoHS Implementation

Implementation policy  Coalition agreement Commitments –BRE paper: Reducing Regulation Made Simple (PDF, 292 Kb)Reducing Regulation Made Simple (PDF, 292 Kb)  Guiding Principles –always use copy out, except where doing so would adversely affect UK interests –Regulations to include a statutory duty for Ministerial review every five years. –Ensure regulations come into force on (rather than before) the transposition deadline

Practicalities of implementation  UK Impact assessment  Better Regulation process  Reducing Regulation Committee (RRC)  Consultation  Guidance  Commission IA and reviews

RoHS 2 – The Transition Interpreted scope of existing categories Vs. New definition of dependent Two wheel vehicles which are not type approved Medical Devices Control Instr. In vitro medical devices Ind. monit. + control Instr. Cat 11 Art4 cables Reuse of recovered EEE spare parts in closed loop exempt (to July 2016) Transit- on deadlin- e Review Annex IV, IA, Scope Cion delegat- ed powers report (-6mon) General review Directive enters into force 20th day following publication OJ in 2011 (Art 27)

Forward Look - RoHS  EP Plenary agreement – 24 November 2010  Council adoption – 27 May 2011  Final text 8 June 2011  OJ publication– July 2011?  UK Consultation – Autumn 2011  New UK Regulations – October 2012  RoHS Guidance – October 2012  New Directive applies from January 2013?

Q&A and Discussion 1. Scope 2. Timing 3. Guidance

WEEE Directive EC Negotiations Update

Headline: 14 March 2011 Political Agreement on First Reading Reached

Key Issues  Scope  New Member State collection target  Higher recovery, reuse & recycling targets  Producer Issues  Illegal shipments

Scope Council has proposed the Directive should apply to: the original ten Categories for 6 years on a ‘closed’ scope basis Then streamlined to five Categories on an ‘open’ basis But …………. …. subject to review to be undertaken by Commission within 3 years In addition, list of additional exclusions to ‘open’ scope

Scope - Agreed Exclusions Straightaway - Military equipment Equipment designed and installed as part of another type of equipment not within scope On move to ‘open scope’ - Equipment designed to be sent into space Large-scale stationary industrial tools Large-scale fixed installations The means of transport Non-road mobile machinery for professional use R&D equipment only available on B to B basis Medical devices and In Vitro Diagnostic Medical Devices

New MS Collection Target  Proposed change in the way the MS target collection rate target is calculated.  Move from 4kg per capita to 45% POTM basis four years after Directive comes into force, but…. subject to a review no later than 3 years  Rising to 65% after a further four years, but again… subject to a review no later than seven years

Recovery, reuse & recycling targets  Current recovery, reuse and recycling targets to remain for three years  All targets to be increased by 5% after three years to account for re-use  But target set for Medical Devices for the first time straightaway (75% recovery; 55% recycling and reuse)

Producer Issues  Extension of producer responsibility for collection from households – Member State option  ‘Producer’ to be defined on a national (not EU) basis  Harmonised regime – practicalities

Illegal Shipments  Introduction of minimum monitoring requirements for the shipment of WEEE/used EEE  New Annex to address concerns of illegal exports and ‘dumping’  Interface with Waste Shipment Regulations

However……… Second reading still to come and EP views conflict with Council/Member States on: -  Scope – immediate ‘open’ scope  Higher collection targets and sooner  Separate reuse targets  EU-wide definition for ‘producer’  Retailer obligations

Forward Look  EP Plenary Vote on First Reading – 3 February 2011  Council political agreement– 14 March 2011  Second reading – Polish Presidency  Final agreement – December 2011?  New requirements coming into force – January 2014 or later?

Q&A and Discussion 1.Scope (Article 2 and Annexes I, II, III & IV) 2.Member State Collection Targets (Articles 7 & 12) 3.Recovery, Recycling and Reuse Targets (Article 11 and Annex V) 4.Definition of ‘producer’ (Article 3) 5.Illegal Shipments (Article 10 and Annex VI)

Further Information on WEEE & RoHS  EC website  BIS website product-regulations/environmental-regulations  EP website