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Electronics Producers Must Pay for European WastesEnvironment News Service (ENS)
Electronics Producers Must Pay for European Wastes
BRUSSELS, Belgium, October 14, 2002 (ENS) - EU governments and the European Parliament have concluded a conciliation deal finalizing texts of two key laws dealing with recycling waste electrical and electronic equipment, and restricting hazardous substances in their manufacture.
The agreement ends more than two years of negotiations and creates legislation that is set to revolutionize product stewardship in the electronics industry.
Members of the European Parliament (MEPs) walked away from the final conciliation committee meeting on the waste electrical and electronic equipment (WEEE) and restriction of hazardous substances (RoHS) directives in the early hours of Friday morning with most of their demands met.
Most significantly, they established a presumption in favor of individual producer financial responsibility as the pivotal principle in the law.
In return, they had to settle for the Council of Ministers' preferred annual waste collection target of four kilograms (8.8 pounds) per head. The MEPs had wanted six kilos (13.2 pounds).
In the European Parliament, from left: MEP Karl-Heinz Florenz of Germany, former President of the European Commission MEP Jacques Santer of Luxembourg, both Christian/European Democrats (Photo courtesy EPP-ED Group)
Most provisions will enter into force 30 months after the legislation is officially published later this year or early next. The full parliament and council must still approve the final texts, though this is a formality.
Parliamentary delegation leader Karl-Heinz Florenz said the agreement "meets the needs of consumers, environmentalists and industry."
It will deal with "a waste mountain of over six million tons of electrical scrap" annually, Florenz said.
EU environment commissioner Margot Wallstrom hailed it as a "landmark in achieving a more sustainable waste management."
"I am particularly happy we could convince member states to strengthen individual responsibility," she said.
The European Environmental Bureau (EEB), representing 134 member nongovernmental organizations in 25 countries, is "delighted" that the producers must finance the management of waste electrical and electronic equipment. The coalition is pleased that individual producer responsibility, whereby each individual producer is responsible for the waste from its own products, will be the basis of this financing.
European Environmental Bureau Secretary General John Hontelez (Photo courtesy EEB)
"This is, to the best of our knowledge, the first time the EU requires individual, as opposed to collective, producer responsibility in any area of environmental legislation, setting a precedent for future policy," said EEB's Secretary General John Hontelez.
"We would like to congratulate the European Parliament’s team and the rapporteur Mr. Florenz in sticking to their guns on this issue. Now we call on member states to take full advantage of this opportunity to work towards the long-term goal of prevention of Waste from EEE,” he said.
“Making companies consider the end of life implications of the design of their products at the time they place the products on the market in the future is a strong driver for eco-design in electrical and electronic equipment," said Hontelez.
Debate over producer responsibility had dominated talks on the two laws. The Parliament wanted individual producers to be required to assume financial responsibility for their own wastes. The Council of Ministers, representing EU member governments, had insisted on leaving member states the option of collective financing.
The final text leaves ample scope for collective financing. It says producers are responsible for funding the treatment of their own products, but may execute this obligation through collective or individual financing schemes.
This wording is subtly different from proposals previously emanating from either side, but much closer to the Parliament's.
Industry sources believe the reference to "own products" is the key, giving legal backing to firms wanting to reduce costs through better product design.
"There is now a real incentive for every manufacturer to create products of which more parts can be recycled more completely," Henrik Sundstrom of appliance maker Electrolux said Friday.
When the laws enter into force, EU Member States must try to ensure no waste electronic and electrical equipment enters the municipal waste stream. An average of four kilos annually must be collected per inhabitant by the end of 2006.
Members of the public will be able to return waste equipment free of charge.
This year's treasures, next year's trash. (Photo courtesy Freefoto)
Historical waste generated before the laws enter into force is to be treated through collective financing. Producers will be able to recoup this cost through a "visible fee" sales tax on new products for eight years, or 10 years in the case of large household items such as refrigerators.
"Orphan" wastes are to be avoided through a system of financial guarantees required from all firms before their products can be placed on the market. Labeling of goods with the producer's name will be mandatory.
Firms will have to meet recycling targets of between 50 percent and 75 percent of product weight depending on appliance type. Recovery targets are slightly higher.
Small businesses are not exempted from the law, and companies are "encouraged" to make all products and components reusable.
Lead, mercury, cadmium, hexavalent chromium and the brominated flame retardants PBDE and PBB are to be banned in manufacture from July 2006. National bans in place before entry into force may remain.
Attention will now turn to implementation of the laws in member states, likely to prove a daunting task for authorities. A UK survey by the polling firm Mirec Environmental found that fewer than one in five companies were aware of the laws.
