TRANSPOSITION OF THE WEEE AND RoHS DIRECTIVES IN OTHER EU MEMBER STATES NOVEMBER 2005

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TRANSPOSITION OF THE WEEE AND RoHS DIRECTIVES IN OTHER EU MEMBER STATES

NOVEMBER 2005

Perchards

1 College Street St Albans, AL3 4PW United Kingdom

Tel: (+44) (0)1727 843227 Fax: (+44) (0)1727 843193

e-mail: info@perchards.com website: www.perchards.com

This Report forms part of the Government's response to recommendations in the Better Regulation Task Force Report, "Environmental Regulation: Getting the message across".

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TRANSPOSITION OF THE WEEE AND RoHS DIRECTIVES IN OTHER EU MEMBER STATES

The UK RoHS Regulations have now been published and the WEEE regulations are expected to be published very shortly, so work on the transposition of European Parliament and Council Directives 2002/96/EC (the “WEEE Directive”) and 2002/95/EC (the “RoHS Directive”) into UK law is now almost complete.

By way of background information, in 2003 the DTI commissioned Perchards to provide a series of short factual reports on existing WEEE-related measures and the type of transposition plans that were developing in other member states.

This is the seventh and last of those reports, but Perchards will be continuing to monitor developments and up-to-date information is available at www.perchards.com.

This report has been culled from a variety of official and industry sources, and the information it contains on the likely shape of legislation not yet adopted does not necessarily represent the final positions in those few member states where transposition is not yet complete.

Perchards

November 2005

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TRANSPOSITION OF THE WEEE AND RoHS DIRECTIVES IN OTHER EU MEMBER STATES

INDEX

Summary tables … … … i – ix

Austria...1

Belgium...6

Cyprus ...10

Czech Republic...13

Denmark ...16

Estonia...19

Finland ...21

France...24

Germany ...30

Greece ...39

Hungary ...43

Ireland...46

Italy ...49

Latvia ...53

Lithuania ...56

Luxembourg ...59

Malta ...63

Netherlands ...67

Poland...72

Portugal ...75

Slovakia ...79

Slovenia ...82

Spain...84

Sweden...89

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TRANSPOSITION OF THE WEEE AND RoHS DIRECTIVES IN SUMMARY

Austria Belgium Cyprus

Progress of transposition into national law

Waste Management Law amended 12/04 Electro Ordinance (EAG- Verordnung), adopted 04/05 Waste Treatment Obligation Ordinance, published 12/04

RoHS Directive transposed nationally in 10/04

Producer Responsibility Decrees amended Flanders 11/04, Wallonia 4/05, Brussels 7/04 2001 Recupel Covenant with regions under revisions

Regulation transposing RoHS &

WEEE Directives adopted 7/04

Key Dates Registration: 30/9/05 Take back: 1/11/05

Registration: 1/9/05 for individual systems

Take back: since 2002

Registration: 31/10/05

B2C WEEE Collection

Local govt. to organise collection free-of-charge for consumers.

producers compensate municipalities with infrastructure lump sum

1:1 take back at retailers Producer systems to set up at least one collection point per political district for free take-back from retailers and consumers

Local govt. to organise free-of- charge collection in container parks

1:1 take-back by retailers Recupel compensates retail and local governments for collection

Local govt. not obliged to collect WEEE

Producers to finance entire WEEE management

Historical B2C WEEE

& Visible Fee

To be financed collectively by all producers according to market share in last quarter

Visible fee optional, retailers not obliged top show it

Historical household WEEE to be financed collectively by all producers according to market share, or else by an individual financial guarantee

As Directive

New B2C WEEE

& Financial Guarantee

Membership in collective scheme eliminates need for guarantee Collective scheme not required to provide guarantee

Only required from individual compliers

Visible fee allowed for estimated costs of collection, treatment and recycling until 2011 (2013 for large appliances

As Directive

B2B WEEE Responsibility

Dual use defined in scope guidelines available

Producers to pay for historical non-household WEEE if supplying replacement;

otherwise end-user responsible

Producers to pay for historical non-household WEEE if supplying replacement; otherwise end-user responsible

As Directive

National Register Environment Agency (Umweltbundesamt)

Producers complying collectively to register with Recupel only Individually complying companies to register with 3 regional environ.

agencies

Producers must register with the Environment Service of the Ministry of Agriculture, Natural Resources and Environment

Clearing House Elektroaltgeräte-

Koordinierungsstelle Austria GmbH, industry owned and managed

Not required, one system Not required, one system

Collective Systems

UFH Altlampen UFH Elektroaltgeraet ERA

EVA ERP

Recupel (6 divisions); Currently no coll. system for cats 7, 8, 9, 10 Individual compliance requires approval of 3 regional environmental agencies

EDHHA, founded by Chamber of Commerce in 8/05, to be financed and owned by around 16 importers

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Czech Republic Denmark Estonia

Waste Act Amendment 1/05 Decree on Details of

Management of EEE and WEEE and its Financing, 9/05

RoHS Directive transposed 10/04 Statutory Order concerning the management WEEE 6/05

RoHS Directive transposed 4/04 Waste Act of 1998, last amended 7/05

Government Regulation on WEEE 12/04

Regulation on the Central Register - outstanding

Key Dates Registration: 12/10/05 Registration: 1/1/06 Take-back from 1/4/06

Registration: expected to be 30/3/06

Producers to finance separate collection

Municipalities may collect in which case producers must provide containers

1:1 take-back by retailers free-of- charge to consumers

Local govt. to ensure sufficient free-of-charge collection points, may organise pick-up collection themselves or in collaboration with producers)

Retailers accept WEEE on 1:1 basis

Producers to financing WEEE management entirely

1:1 take-back by retailers; they must take back WEEE from any category they sell if no industry collection point within 10 km.

& Visible Fee

By market share

Only one system allowed in one category, must be joined by all producers

Visible fee optional

WEEE from products placed on market before 31/3/06 to be financed collectively according to market share

To be financed by all producers according to market share Visible fee not defined

New B2C WEEE

Coll. System members may comply for new WEEE in the same way as for historical WEEE Guarantee only required from producers that comply individually

Individual compliers must provide guarantee

Collective schemes may be exempted if members have >30%

market share

By market share

Guarantee only required from producers that comply individually

B2B WEEE

Responsibility Producer to register, but no guarantee

New WEEE: producer responsible, unless otherwise agreed with purchaser Historic WEEE only on a 1:1 basis

Producers responsible for new WEEE, unless alternative arrangements agreed

Producers responsible for historic WEEE on 1:1 basis; otherwise, end-users pay

Producers responsible for WEEE on 1:1 basis

National Register Environment Ministry responsible Producers to apply for

registration by 12/10/05

The WEEE System Environment Information Centre (EEIC), to be under government control

Clearing House Not yet required, only one system per category

The WEEE System Not provided for

Elektrowin, Ekolamp, Retela, REMA, Asekol

Government to choose in 12/05 which system may handle which category

EPA Elretur Denmark to begin 4/06

EES-Ringlus

Further system in preparation

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Finland France Germany

Waste Act amended 6/04 and Ordinances completing transposition of the RoHS and WEEE Directives adopted 9/04

Decree 2005-829 on the Design of EEE and the Elimination of WEEE 7/05

Sub-decrees to regulate details regarding RoHS, collective and individual systems, guarantee;

Adoption expected 12/05

WEEE Law (ElektroG) transposes WEEE and RoHS Directives, 23/3/05

Ordinance defining the fees for register and clearing house (EAR), 12/7/05

Key Dates Registration: 15/5/05 Registration: expected to be 6/06 Registration: 24/11/05 Take back: 24/3/06

B2C WEEE

Collection 1:1 take-back by retailers (or retailers must inform consumers about alternative collection) Producers responsible for organising & funding collection, may contract local authorities or waste management companies All collectable WEEE to be collected – not only 4 kg.

Producer must either establish an individual system for separate collection or pay a clearing house which reimburses municipalities for extra costs for separate collection (extra cost not defined) 1:1 take-back at retailers, may delegate this to a compliance system

Local govt. to finance collection, may manage WEEE itself Local govt. sends take back request to Clearing House which notifies producer with highest unfulfilled obligation to pick up container

Retailer or producer may take- back from consumers Historical B2C

WEEE

& Visible Fee

Producers will fund historical WEEE according to market share. The visible fee is optional – actual costs may be shown until Feb 2011 (2013 for cat 1)

Producers to divide cost pro rata to EEE placed on the market Visible fee mandatory throughout the supply chain

By market share in past year; in practice share of mass placed on market in previous month Visible fee optional

New B2C WEEE

Guarantee required only from individual compliers

Pro rata principle to be applied at

‘whichever date the EEE is placed on the market’

Guarantee required only from individual compliers

By market share OR sorting own WEEE at each collection point All B2C producers to provide guarantee. 3 insurance based systems: GSA, ZVEI, Philips B2B WEEE

Responsibility

Producers responsible for B2B WEEE placed on the market after 13/8/05, unless alternative arrangements agreed

Producers to bear the cost of pre-13/8/05 WEEE if a replacement is purchased;

otherwise, end-users pay

New EEE: producer responsible unless otherwise agreed Historic B2B EEE: end-user responsible even if replacement purchased, unless otherwise agreed

Mandatory visible fee to be set for some large appliances

Treatment costs of historic B2B EEE to be borne by the final user, but users and producers may negotiate their own agreements for different arrangements. Producers responsible for B2B WEEE placed on the market after 13 Aug 2005, unless alternative arrangements agreed.

National Register

Only individual compliers must register with the Pirkanmaa Regional Environmental Centre

To be prepared and operated by ADEME (Environment Agency)

EAR Foundation, industry- managed; responsibilities designated by UBA 6/7/05 Clearing House Not required, only one system

per category

Not yet set up EAR Foundation

SERTY Oy (household WEEE) FLIP Py (lamps and lighting) ICT Producer Cooperative (ICT) SELT Ry (lighting, heaters, surveillance and control equipment)

4-8 collective producer systems expected competing in several categories, e.g.

Recylum ECO-Systèmes Eco-Logic ERP

Producers cannot transfer responsibility. (Purchasing) consortia restricted by competition authority, e.g ERP, ProReturn, ENE, LARS, Olav, BSH-Miele-Philips, Quelle Waste mgmt systems/services:

ALBA, DSD, DHL, e-back, EGR, Entec, AVR, Fliege Cleanaway, Hellmann, Interseroh, Landbell, Pape, Remondis, TechProtect/

RENE, Take-E-Way, Vfw, Zentek

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Greece Hungary Ireland

Decree 117 transposing RoHS and WEEE Directives adopted 3/04

RoHS Decree adopted 10/04 WEEE Directive transposed by two Ministerial Decrees, 9/04 and 10/04

Amendment of Product Fees Act 10/04

Regulations amending the Waste Management Act and

Regulations on WEEE and RoHS adopted 7/05

Key Dates Registration: by 31/12/05 Registration: from 1/1/05 Start financing: 13/8/05

Registration: 20/7/05 Take-back 13/8/05 B2C WEEE

Collection Local govt. to organise free-of- charge collection

1:1 take-back by retailers Collection to be co-ordinated by compliance scheme, in collaboration with local govt.

Producers to bear costs of collection, must reimburse local govt. for collection & sorting Producers may establish and operate collection centres 1:1 take-back by retailers above minimum selling area; mobile phone take back by retailer Product Fee (tax) payable on the difference between the recovery targets and recovery achieved (members of collective system exempt)

Local govt. to finance collection through delivery to civic amenity sites

Distributors must either take back WEEE on a 1:1 basis or display a notice informing retailers about the available collection systems Producers to finance take-back from local govt. and other collection points

& Visible Fee

All WEEE to be treated as new waste. Producers to pay into compliance scheme or fund their own activities according to their market share

Visible fee optional

Each producer obliged to collect, re-use recover a percentage of what the amount he placed on market in past year (the percentage varies by category and increases every year) Visible fee is optional (for both new and historic WEEE)

Producers to divide cost of household WEEE according to market share

A visible fee is allowed for management costs of historical waste until 2011 (2013 for cat. 1)

New B2C WEEE

Financial guarantee only required from individual compliers

No distinction between the financing of historical and new WEEE

Guarantee only required from individual compliers

Producer pays for own products

B2B WEEE

Responsibility Producers responsible for new B2B WEEE, unless alternative arrangements agreed Producers responsible for historic B2B WEEE if a replacement is purchased.

otherwise, end-users pay

New WEEE: producer

responsible; no provision for other agreement

Historic WEEE: producer only responsible on 1:1 replacement basis, otherwise last user responsible

Producers responsible for B2B WEEE placed on the market after 13 Aug 2005, unless alternative arrangements agreed

Producers responsible for historic WEEE on 1:1 replacement basis;

otherwise, end-users pay National

Register

Environment Ministry responsible for registration and data collection

National General Directorate of Environment and Water Management

National WEEE Registration Body, WEEE Register Ltd

Clearing House Not required None, obligated parties to prove achievement of collection targets as % of amount placed on market

‘Black Box’ system provides confidential clearing house service

All producers are expected to join the approved collective compliance scheme (Recycling of Appliances S.A.), but the law provides an individual

compliance option

Four competing systems, open to all producers on same terms:

Elektro-Coord (all categories B2C, B2B)

Ökomat Kht (all categories B2C, B2B, except mobile phones and refrigerators)

Elektro-Waste Kht (IT) Re-Elektro Kht

ERP

WEEE Ireland Ltd

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Italy Latvia Lithuania

WEEE Decree 7/05 transposes RoHS and WEEE Directives Sub-decrees to be adopted before 13/2/06: Register, financing incl. guarantee, financing cat. 5, clearing house.

No deadline: producer identification

RoHS Directive transposed 8/04 WEEE Directive partially transposed by amended Waste Law 2/04, 12/04, 6/05;

Regulations on categories, marking & info., targets &

treatment, all 04

Missing regulation: Registration, natural resource tax, penalties

RoHS Directive transposed 4/04 Amendment of Waste

Management Law 6/05 WEEE Management rules 9/04, amended 8/05

7 orders missing: including registration, guarantee, targets

Key Dates Registration: expected to be Q2/06

B2C take-back, marking: 13/8/06

Registration: expected to be 31/3/06

Take back or tax: expected 1/7/06

Registration: planned for 1/1/06, but detailed regulation not adopted

Municipal govt. to organise separate collection on their territory except for cat 5. 4 kg target postponed by 2 yrs Producers to finance take-back from mun. collection points on, may set up own collection 1:1 take-back by retailers.

Producers responsible for separate collection

Legislation leaves several options, form coll. system to state run WEEE management programme

1:1 mandatory take-back at retailers of all sizes Producers responsible for meeting collection targets through own and municipal systems Financing of

& Visible Fee

Producers must set up collective systems, to be financed according to current market share

Visible fee optional but if used must be shown to end-user

Govt. considering tender of WEEE management to one collective system, financed by Natural Resource Tax

By market share; separate order to determine % targets for management of historic WEEE Distributors to show visible fee if requested by producer

Financing of New B2C WEEE

Until EU wide system for producer identification in place but no later than 13/8/07 new WEEE to be financed as historic WEEE

Guarantee: No explicit exemption for collective system members Obligation from 13/8/06, unclear if required before producer identification in place

Producers have 3 options to comply:

-pay Natural Resource Tax -join collective system -comply individually

Options for producers:

- manage WEEE individually or through WEEE management company;

- join collective system - found/participate in a system which extends municipal WEEE management programme Guarantee required for individual or joint compliance

Producers responsible for new B2B WEEE, unless alternative arrangements agreed. Must provide financial guarantee.

Producers responsible for historic WEEE on 1:1 basis if old EEE less than double weight of new

Producers responsible for new B2B WEEE, unless alternative arrangements agreed

Producers are responsible for new WEEE and historic WEEE on 1:1 basis only – otherwise final holder responsible

National

Register Activity code as EEE producers at Chamber of Commerce which will feed Register

To be set up by ‘Supervision and Control of WEEE Mgmt

Committee’ consisting of govt.

representatives - sub-decree

Environment Ministry may delegate responsibility to organisation by producers that has been active for at least 5 years

Environment Ministry and Agency to operate register, regional environmental departments to register producers and importers

Clearing House Under ‘Supervision and Control of WEEE Mgmt Committee’

Not planned Not planned

8-10 systems competing in one or several categories expected, e.g. Ecolamp, Ecolight, Ecodom, Remedia, EcoR'It, ERP

LZE (by LETERA, LDTA will cover IT, perhaps other categories) CECED Latvia may set up an organisation to cover household appliances

System by INFOBALT (cat 3, 4, excl TVs), system by CECED, Zaliasis Taskas (packaging compliance organisation) considering WEEE management

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Luxembourg Malta Netherlands

Regulation transposing WEEE &

RoHS Directives published 1/05

RoHS Regulations adopted 8/04 Eco-tax imposed on EEE from 9/04

Draft WEEE Regulations of 10/04 still not adopted

Further regs (register etc) under discussion

Decree and Regulation adopted 7/04

In force from 1/05 for all categories except lighting (13/8/05), except for provisions on take-back and marking (effective 13/8/05) and RoHS (effective 1/7/06)

Key Dates Registration: 13/8/05 No timetable for registration yet Registration: 1/6/05 B2C WEEE

Collection Existing public infrastructure to be used; producers to finance take- back at least from there on; they may set up separate collection 1:1 take-back by retailers who may inform of alternatives if they have insufficient space

Eco-tax on EEE: Environment Ministry empowered to grant full or partial exemption according to recovery rate achieved and/or for members of a compliance system Free of charge take-back at existing sites & new ones to be set up

1:1 take-back by retailers Local govt. collection points take back household WEEE from households and distributors Producers may arrange their own take-back from households

Financing of Historical B2C WEEE

& Visible Fee

Costs proportional, for example to current market share

Visible fee optional; but Ecotrel membersmust display visible fee

Cost of take-back to be allocated according to current market share Visible fee optional

Cost of take-back to be allocated according to current market share Visible fee is optional, but none on ICT products

Producer responsible for own products, may transfer obligation Guarantee only required from individual compliers

Collective or individual compliance will be possible Guarantee only required from individual compliers

Producer to finance WEEE from own products from retail and local govt. collection points

Guarantee only required from individual compliers –

membership of collective system

= guarantee

B2B WEEE

Responsibility Producers responsible for new B2B WEEE through individual or collective system

Producers responsible for historic B2B WEEE on 1:1 replacement basis

Producers responsible for new B2B WEEE unless agreed differently

Producers responsible for historic B2B WEEE on 1:1 replacement basis

Producers responsible for new B2B WEEE unless agreed differently

Final user responsible for historic B2B WEEE

Administration of the Environment; Ecotrel (for producers complying through Ecotrel;

Malta Environment and Planning Authority to be responsible

Ministry of Housing, Spatial Planning and the Environment

Clearing House None None None

ECOTREL set up 2/04 by industry and retail federations: approved 28/10/05 – fees payable from 1/9/05, all categories

None (some WEEE currently collected by WasteServ, a government-owned company)

ICT-Milieu (IT, office equipment, telecoms) and 6 non-competing systems under NVMP umbrella:

VLEHAN - white goods FIAR - brown goods VLA - ventilation equipment SVEG - electrical tools SMR - metal and electrical products

Stichting Lightrec

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Poland Portugal Slovakia

RoHS Ordinance adopted 10/04 WEEE Act 9/05

Decree-Law 230/2004

transposing the RoHS and WEEE Directives adopted 9/04 and published 10/12/04, plus amendment approved 09/05

Amendment of Waste Act 12/04 transposed RoHS Directive and partly WEEE Directive;

Ministerial Orders on - WEEE Management 5/05 - Collection & Rec. Targets 9/05 - Fees of Recycling Fund 8/05 Key Dates Financial guarantee: 1/1/06

Registration: 30/9/06

Registration: 13/8/05 Registration: 30/6/05

Producers to finance WEEE from collection point operators (municipalities, retailers) Start date for take- back from municipal collection not defined 1:1 take-back at retailers from 1/7/06

No collection targets set yet

Producers to set up collection system which combines local authority WEEE collection centres and WEEE collected by retailers 1:1 take-back by retailers also on delivery of new products to private households

Producers to finance containers (7 types) and take back from municipal sites

1:1 take back at retailer only mandatory if retailer is producer Producer to reach annually increasing collection targets as % of EEE placed on market Product fee (tax) charged on underachieved quantities Financing of

& Visible Fee

By market share

Producer to reach recovery targets as % of collected material from 2008

Product Fee charged on underachieved amounts

Visible fee optional, may be set by the producer or collective system

By market share at the time the waste arises

Visible fee optional until 2011 (2013 for cat. 1)

Proportional to market share by category and weight in the previous year

A visible fee is optional (the collective system Envidom has decided to display it)

Producer to finance own brand and any brand in same category proportional to market share Guarantee only required from individual compliers

Producer responsible for WEEE from own EEE placed on market Guarantee only required from individual compliers

Producer to finance WEEE from own products

Producer responsible for historic B2B WEEE on 1:1 replacement basis

Producers always responsible for new B2B WEEE

Producers responsible for new B2B WEEE unless agreed otherwise

There is a tax on EEE, linked to the recovery rate achieved

National

Register Chief Inspector of Environmental Protection, may delegate to producer organisation with > 75%

market share

Register to be run by producer associations and the compliance system (ANREE), under licence from the National Waste Institute

Environment Ministry

Clearing House References to Clearing House removed from Act as adopted

none Provisions in place, but no

operations yet

Elektro-Eko, single system by major associations CECED, KigEIT (competition authority approval pending)

ERP

Amb3E ERP

No approval required for collective systems.

Ekolamp (Cat. 5) Envidom (Cat. 1, 2) SEWA (Cats 3, 4) Etalux (Cat 5)

Individual compliance through waste management companies (Envi-Geos Nitra, Logos, Enzo, Brantner).

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Slovenia Spain Sweden

Progress of transposition into national law

Decree on RoHS and WEEE 11/04, amended 6/05

Decree on Conditions of Public Services of WEEE Management, 11/04

Decree on Environmental Product Charges 10/04

Royal Decree transposing the RoHS and WEEE Directives adopted 2/05

Statutory Order transposing the RoHS and WEEE Directives adopted 4/05

Important Dates Registration: 30/6/05

WEEE plan approval: 31/12/05

Registration expected to be Q1/06 Registration: expected to be Q1/06

B2C WEEE

Collection Tender to one system to be called in 2009 if recovery targets not met Local authorities currently operate collection centres for WEEE – producers to provide containers There is a tax on EEE, linked to the recovery rate achieved

1:1 take-back by retailers free-of- charge to consumers

Local govt. collection points take back household WEEE from households and distributors Producers may arrange their own take-back from households

Local govt. responsible for collecting WEEE that has not been returned to a producers’

collection system

Producers to organise collection from municipal sites

No new obligations for retailers – unchanged from previous (2000) legislation – i.e take-back optional Financing of

& Visible Fee

By market share Visible fee optional

Cost of take-back to be allocated according to current market share Visible fee mandatory until 2011 (2013 for cat.1 )

Cost of take-back to be allocated according to current market share Visible fee optional

Guarantee required from all producers (bank guarantee or insurance), further details to be defined

Producer responsible for own WEEE

There will be a tax on EEE, linked to the recovery rate achieved

Producers responsible for new B2B WEEE unless agreed otherwise; local govt. may take back B2B if there is a voluntary agreement

Producers to finance take-back of products placed on market after 12/8/05, and of historical waste if a replacement is bought;

otherwise, end-users to fund historical waste

Ministry of Environment and Spatial Planning

The National Register of Industrial Establishments, but producer must also register with the competent body of the

Autonomous Region where their head office is located

The Environmental Protection Agency is to run the National Register

Registration expected to start early 2006

Clearing House Environment Ministry National Register of Industrial Establishments

None

Ekolamp,

ZEOS (all other categories);

Individual compliance: Slopak, Interseroh

ECOLEC (cats 1, 2)

TRAGAMOVIL (mobile phones) ECOFIMATICA (office IT and reprographic)

ECOASIMELEC

ECOTIC (cat. 4, air conditioners, medical equipment, toys) Ambilamp (cat 5)

El-Kretsen runs the El-Retur system jointly with local govt., and also operates a recovery system for ICT products

El-Kretsen is revising its statutes to bring them into line with the requirements of the new Statutory Order

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Notes:

1) Throughout this report, the terms ‘producer’ and ‘manufacturer and importer’ are synonymous.

2) So far Hungary is the only member state to have confirmed that it will accept registrations from OEMs based outside the country. Other

member states require the importers to register if the manufacturer does not have an office there.

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AUSTRIA

TRANSPOSITION OF THE WEEE AND RoHS DIRECTIVES

The WEEE and RoHS Directives are being transposed into Austrian law through

• an amendment to the Waste Management Law (Abfallwirtschaftsgesetz, AWG), which was approved by the Parliament on 20 December 2004 and came into force on 1 January 2005;

• a new Electro Ordinance (EAG-Verordnung), which was adopted on 18 April 2005 and superseded the Lamps Ordinance and the Cooling Equipment Ordinance on 13 August 2005; and

• a new Ordinance on Waste Treatment Obligations

(Abfallbehandlungspflichtenverordnung), published on 3 December 2004.

AMENDMENT TO THE WASTE MANAGEMENT LAW

The amendment to the Waste Management Law covers, among other things, waste holders’

obligation to have waste inspected before it is handed over to a landfill site, mandatory registration for waste collectors and treatment facilities, and provisions relating to the setting up, operation and control of treatment facilities.

The key points relating to WEEE are as follows:

Obligations of WEEE producers and importers:

• To register with the Environment Agency (Umweltbundesamt - UBA) – deadline 30 September 2005;

• To set up at least one collection centre in each of Austria’s 99 political districts for free-of- charge take back of WEEE from retailers, consumers and local authorities;

• To take part in a collective system to collect and recover historical WEEE (i.e. WEEE placed on the market before 13 August 2005);

• To provide financial guarantees for the waste management of EEE placed on the market;

• To conclude an agreement with the Clearing House covering collection infrastructure and public information.

The Clearing House ( ‘Co-ordinating Body’):

The amendment assigns responsibility for the clearing house to the Ministry of Environment. It may delegate these to a qualified not-for-profit legal entity for a maximum of 10 years (and has done so – see page 3). The duties of the clearing house include:

• concluding agreements with collective systems about take-back, the establishment of collection infrastructure and provision of public information;

• collection of data on equipment placed on the market;

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• calculating the market share of obligated companies (companies must be granted access to this calculation on request);

• co-ordination of collection and transfer of waste from collection points;

• collection of waste management data and reporting to the EU Commission.

The Clearing House may levy a quarterly fee to finance its activities.

Obligation of local authorities:

To set up WEEE collection points for free-of-charge take-back from consumers.

THE ELECTRO ORDINANCE (EAG Verordnung)

The Electro Ordinance was adopted on 18 April 2005.

Scope:

All ten product categories in the WEEE Directive are to be covered.

Substance bans and restrictions:

As in the RoHS Directive.

Collection and take-back requirements:

From November 2005, consumers may return bulky WEEE free of charge through municipal collections, take-back points and collection centres. Consumers can also return WEEE free of charge to retailers when buying similar equipment.

WEEE is to be collected in five ‘equipment categories’ – brown goods, white goods,

equipment with monitors and screens, small appliances and lamps. Collective organisations will probably be required to specialise in one or more of these equipment categories rather than in the ten product categories in the WEEE Directive.

Recovery:

The recovery and reuse/recycling targets are as in the WEEE Directive.

Producer Registration:

The Environment Agency (UBA) is the body responsible for producer registration. Producers and importers of B2C and B2B EEE (including distance sellers) must register by 30

September 2005.

Producers starting to place EEE on the market after that must register within one month of starting operations. Producers must report by 31 October 2005 on the amount of EEE placed on the market in the third quarter of 2005.

The UBA will pass the registration information on to the Clearing House (see below).

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The Clearing House:

The Electro Ordinance defines the duties of the Clearing House further.

The Clearing House accepts take-back requests from those municipalities which do not have a direct agreement with one or more collective systems. The producer/ system with the highest unfulfilled take-back obligation is required to collect the container. The Clearing House also provides information to end-users.

Producers or their compliance systems must pick up collected WEEE no more than one week after being notified. If they fail to do so, the Clearing House will organise collection and treatment and pass on the cost to the registered systems or individual compliers.

In July 2005, the Electronics Retailers’ Association, the Austrian Chamber of Commerce and other retail associations founded the Elektroaltgeräte-Koordinierungstelle (EAK) to take on the role of the Clearing House. The EEE producers’ association joined as shareholder in

September. The Environment Ministry assigned the clearing house duties on 9 August.

Financing WEEE from private households:

Producers are to finance collection from municipal collection points onwards. Local authorities may also invoice the Clearing House for the costs of setting up their collection infrastructure, and these costs will be passed on to producers. The Clearing House will pay an annual lump sum to each municipality for collection infrastructure measures.

Producers have a choice between financing their obligations individually, or joining a collective system and paying according to their market share. If they opt for individual compliance, they must have agreements with all collection facilities to sort their equipment separately. Individual compliers must also provide a financial guarantee.

Producers’ shares of ‘new’ waste will be determined by the Clearing House, unless the individual complier or collective system has contracts for separate collection with all the municipal collection centres.

Historical waste is to be financed collectively by all producers based on market share. A visible fee is allowed until 13 February 2013 (Category 1 appliances) and 13 February 2011 (all other categories).

Retailers with a sales area of more than 150 sq metres must take back equipment on a 1:1 basis.

Collective systems:

A collective compliance system must

• take back all products of one or more of the 5 categories;

• operate at least one take-back centre per district;

• represent at least 5% EEE by weight of the category covered;

• provide the Environment Ministry with a list of member companies and the quantity put on the market by each by 31 March of the following year.

Financing WEEE from users other than private households:

WEEE arising from non-household (B2B) EEE is considered as household (B2C) WEEE if it is similar in type or quantity to household WEEE. For example, a photocopier designed to stand on a table can be classed as B2C, while a standalone machine would be B2B. The

Environment Ministry has published guidance to clarify this, and classifies EEE into the five collection and treatment categories (www.umweltnet.at).

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In the case of B2B equipment, historical waste is to be financed by producers if a replacement is purchased.

Information for users and marking requirements:

Individual compliance: From 13 August 2005 producers shall inform users ‘in an appropriate manner, e.g. through print media or internet’. Also from 13 August 2005, importers sourcing EEE from other EU member states must identify the producer.

Collective compliance: Information obligation is transferred to the collective system. No producer identification is required on EEE originating from other EU member states.

THE ORDINANCE ON WASTE TREATMENT OBLIGATIONS

The Ordinance on Waste Treatment Obligations, published on 3 December 2004, covers WEEE and a number of other waste streams – batteries and accumulators, varnishes, paints and solvents, clinical waste, amalgam residues, and waste containing PCB.

It transposes the provisions of Article 6 (treatment) and Annex III of the WEEE Directive. The aim of the Ordinance is to define minimum requirements for collection, storage and treatment of different waste types to meet waste management objectives and to promote a closed material flow loop and material efficiency.

COLLECTIVE SYSTEMS

Umweltforum Haushalt (UFH):

UFH was one of two recovery organisations set up to meet the requirements of the Lamps Ordinance of 1991 and the Cooling Equipment Ordinance of 1995 (the other was

Umweltforum Lampen). In early 2005 UFH set up two separate entities, UFH Altlampen Systembetreiber GmbH for lamps and UFH Elektroaltgeräte Systembetreiber GmbH for the remaining categories.

Producers of all categories can become UFH clients. Producers with an annual turnover of below € 40,000 (£26,800) can opt for a single payment, payable at the beginning of the year.

The frequency of ‘placed on the market’ reports depends on turnover. UFH requires members to report EEE placed on the market by unit only. It uses an average weight per treatment category to calculate the financial obligation.

ERA (Elektro Recycling Austria)

ERA GmbH was founded as a not-for-profit organisation by electronic retailers Conrad Electronic and Niedermeyer GmbH which are both producers under the EAG Ordinance. It is held by ERA Association (Verein) (49%), ARA AG (25.5%) and ARGEV (25.5%). ERA GmbH was the first system to be accredited, on 2 August 2005. ERA offers a combined packaging and WEEE obligation transfer to its customers. Membership is open to producers of all categories of EEE on an equal treatment basis.

EVA (Erfassen und Verwerten von Altstoffen GmbH)

EVA is part of the Interseroh group, which provides compliance services for end-of-life packaging. It was the second system to receive approval, on 5 August, and offers WEEE

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services for B2C and B2B in all categories, as well as for companies that choose to comply individually.

ERP (European Recycling Platform)

ERP been approved as a compliance scheme in Austria and has started collection in all categories except category 5. ERP results from a cooperation agreement between Braun, Electrolux, HP and Sony in December 2002 which aimed to establish the first pan-European take back and compliance scheme for WEEE. It was registered in Paris as limited company ERP SAS in November 2004. ERP represents about 15 % of the European WEEE market.

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BELGIUM

TRANSPOSITION OF THE WEEE AND RoHS DIRECTIVES

Product standards and RoHS are regulated on a national level, and a Royal Decree published on 12 October 2004 transposed the RoHS Directive.

However, waste management is the responsibility of the three Regions – Flanders, Wallonia and Brussels Capital. All three have their own regulations on WEEE and these have been amended to complete transposition of the WEEE Directive.

• Flanders: In December 2003, the Government of the Flemish Region approved an amendment of the Waste Prevention and Management Ordinance (VLAREA - Vlaamse Regelment inzake Afvalvoorkoming en-beheer), which deals with WEEE among other things. A further amendment was adopted on 8 November 2004 to clarify certain issues, and this entered into force on 1 December 2004.

• Wallonia: An amendment of the Producer Responsibility Decree which transposes the provisions relating to producers and a decree transposing the provisions on collection and treatment facilities were adopted in March 2005 and published on 18 April.

• Brussels Capital: An amendment to the existing Producer Responsibility Decree and a decree covering collection and treatment facilities were adopted in June 2004. They were published on 28 July 2004 and 3 June 2005 respectively.

The regional decrees are complemented by a voluntary agreement between the industrial sectors concerned and the governments of the regions. The ‘Environmental Policy

Agreements on the take-back obligation for WEEE’ of 2001 were concluded between each of the three regional governments and representatives of producers, importers and retailers of EEE as the basis of the collective system Recupel. Revised agreements are expected to be signed in late 2005.

THE FLEMISH PROVISIONS

The following summary reflects the content of both the amended VLAREA and the new Ordinance.

Scope:

The amendment introduces 12 product categories, two more than the WEEE Directive.

Category 6 of the Directive (electrical and electronic tools) has been split into two –

‘gardening tools’ (VLAREA category 5) and ‘other electric and electronic tools’ (VLAREA category 7). A further category, ‘large and small household appliances not for household use’

(VLAREA category 10), has been introduced. The Ministry may establish a detailed list of equipment for each category.

The VLAREA sets minimum requirements for collection centres regarding their legal status and their density (minimum 1 per 75,000 inhabitants), and defines the authorisation process necessary for operations.

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Retailers must take back all categories of WEEE on a 1:0 basis. They must display at each sales point a clearly visible sign headed ‘OBLIGATION TO TAKE BACK USED ELECTRICAL AND ELECTRONIC PRODUCTS’ which explains the way in which the retailer meets the take- back requirements.

Since July 2004 lamps have had to be taken back free of charge on a 1:0 basis, and lighting equipment on a 1:1 basis.

The quantitative target of 4 kg per person to be reached by 2006 has not been included as it has already been reached. Instead the following minimum collection targets per inhabitant have been set:

• 5 kg in 2004

• 6 kg in 2005

• 7 kg in 2006

• 8.5 kg in 2007 and beyond

These collection targets may be amended by the Flemish Government after 1 July 2009.

Recovery:

The Amendment provides for targets in line with or above those in the Directive.

Reuse and recycling targets by material type:

• ferrous metals – 95%;

• non-ferrous metals – 95%;

• plastics – 50%;

• batteries and accumulators – 65%.

Recovery target for plastics – 80%.

Reuse and recycling targets by category:

• large household appliances and discharge lamps – 80%;

• dispensing machines – 75%;

• all other WEEE – 70%.

Recovery targets by category:

• large household appliances and discharge lamps – 85%;

• dispensing machines – 80%;

• all other WEEE – 75%.

Financing WEEE:

Flanders already has an efficient collection system, Recupel [see below], which is in line with the Directive’s requirements and covers the financing of historical waste. The Ordinances provide that producers, importers and distributors wishing to use existing container parks and recycling centres to meet their take-back obligation, must cover the costs of collecting and sorting WEEE.

At present, the ‘recycling premium’ (fee paid by purchasers of new equipment) is shown alongside the price of the product. The Directive permits such ‘visible fees’ to be displayed only until 2011, or 2013 in the case of large household appliances.

When placing a product on the market, producers must provide a guarantee of their ability to finance take-back costs. This guarantee can be a recycling insurance, a blocked bank

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account or proof of an agreement with a third party which takes back WEEE. Only producers who comply individually must provide a guarantee.

Information and reporting:

Retailers and distributors must inform OVAM (the Flemish Environment Agency) by 1 July each year of the quantities (by weight) of WEEE:

• taken back over the past 12 months;

• selected for reuse; and

• returned to the producers or any other party for recovery and recycling.

By 1 July each year producers and importers must provide OVAM with the following information for each WEEE category:

• the amount of EEE (by weight) placed on the Flemish market;

• the amount of WEEE taken back in the context of the take-back obligation;

• treatment facilities contracted and treatment methods used; and

• quantities of WEEE recycled, recovered, incinerated or disposed of.

The take-back obligation of retailers, distributors, importers and producers may be further specified in the waste prevention and management plan of the Regional Environment Ministry and/or environmental agreements signed between the Regional Environment Ministry and the private sector.

Within one year of placing a new product on the market, producers must provide dismantling and recycling facilities with information on the various materials used and the location of any hazardous substances contained in the product.

THE WALLOON PROVISIONS

The provisions of the amended Producer Responsibility Decree are as follows.

Scope:

The definition of ‘producers’ has been extended to include mail-order and internet purchases and to cover those who sell under their own brand name products manufactured by others.

The list of products covered by the 2002 Producer Responsibility Decree have been replaced by the lists in the Directive, which are much broader. It stresses that the list of products in Annex 1 B is not comprehensive.

The only new requirements added to the existing regulation are the collection target and the specification that the take-back obligation applies only to WEEE generated by private households or those generating similar quantities of waste:

• take-back by retailers is free of charge to consumers if an equivalent item is bought;

• distributors must take back items from retailers free of charge;

• producers must take back free of charge from retailers and/or distributors;

• collection must reach 4 kg per person by 2006.

Recovery:

The existing recovery and recycling targets (ferrous metals 95%, non-ferrous metals 95%, plastics 20%) have been replaced by those in the Directive.

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Financing WEEE from private households:

As in the previous legislation, the costs of historical household waste from products for which no producers could be identified are to be borne collectively by all producers in relation to their market share.

Financing WEEE from users other than private households (B2B):

Producers are liable for B2B products placed on the market after 13 August 2005.

Non-household historical waste placed on the market before 13 August 2005 is the financial responsibility of the producer if the equipment is replaced – if not, the end-user assumes responsibility. Producers and users other than households may agree on a different method of financing, but any such agreement must be submitted to and approved by the Walloon Waste Agency.

Information for users:

In addition to having to put up a sign saying ‘OBLIGATION TO TAKE BACK USED

ELECTRICAL AND ELECTRONIC PRODUCTS’ at their point of sale (a requirement of the current legislation), retailers must indicate for each new product the costs of its collection, management, treatment and disposal. These costs may not be higher than the actual costs incurred. Manufacturers and importers also have the right to inform buyers about these costs until 13 August 2011.

Information and reporting:

As required by the existing measure, producers must report waste management data to the Walloon Waste Agency. Retailers only have to be prepared to provide information at the Agency’s request.

Reporting requirements have been aligned with the Directive: quantities of equipment, their components or materials/substances placed on the market (in kg), quantities collected, quantities entering and leaving pre-treatment facilities, and the treatment facilities used.

For each new type of equipment placed on the market, the producer/importer must make reuse and treatment information available to the recycling/treatment companies.

Treatment:

The draft Decree relating to Collection and Treatment Facilities covers the obligations for operators of collection, pre-treatment and treatment facilities, i.e. the establishment of such facilities, their operation (controls and procedures for refusal of waste), prevention of accidents and fires, waste and noise, guarantees and insurances, and control and reporting measures.

THE BRUSSELS CAPITAL PROVISIONS

The 28 July 2004 amendment to the existing Producer Responsibility Decree of the Brussels Region generally follows the Walloon Ordinance.

Recovery:

The reuse and recovery targets in the existing legislation were higher than those in the WEEE Directive, but have now been brought into line with the Directive.