WEEE 2 – status of transposition in the EU

17.07.2014

Overview of the most important changes for producers and distributors

Support hotline in case of technical

problems

English: +49 30 27576 421

German: +49 700 999 66 888

Katrin BeisswengerLegal Counsel1cc GmbH

Stefanie KutzeraModerationBitkom Servicegesellschaft mbH

Sandra HarrisConsultant1cc GmbH

Hand raising, applause, Absence

Feedback

Text chat

Current speaker

Introduction to the virtual classroom (VC)

How familiar are you with the "old" WEEE Directive?

Please check here…

I know the topic very well!

I am familiar with the main obligations!

Much is still unclear to me!

The topic is completely new to me!

Agenda

Introduction: the WEEE-Recast 2012/19/EU

Overview of the most important changes

National differences in comparison - Impact on manufacturers and distributors

Preview

Agenda

Introduction: the WEEE-Recast 2012/19/EU

Overview of the most important changes

National differences in comparison - Impact on manufacturers and distributors

Preview

Introduction: the WEEE-Recast

-Revised version of the directive 2002/96/EG by directive 2012/19/EU

-Published on August 14th 2012, Implementation deadline: 14.02.2014

-Numerous changes and adjustments, partly requires further clarifications

-Only a few countries have implemented the WEEE-Recast on time; even today the legislation has not yet been transferred into national law in all countries

Introduction: The WEEE-Recaststatus of national transposition (status: July 10, 2014)

BG

MT

Member State has transposed directive2012/19/EU

Member State has released draft legislation/ partly transposed directive 2012/19/EU

Member State has not pubished a draft on the transposition of directive 2012/19/EU

Country is an EEA-Member

UK

PT

ITHR

BG

GR

NL

DK

IR

LU

MT

Questions?

Agenda

Introduction: the WEEE-Recast 2012/19/EU

Overview of the most important changes

National differences in comparison - Impact on manufacturers and distributors

Preview

Overview of the main changes:At a glance

„old“ WEEE-Directive 2002/96/EG WEEE-Recast Directive 2012/19/EU

10 product categories „open scope“ / 6 categories

„old“ producer definition „new“ producer definition

1:1 take back 1:1 + 0:1 take back

- Regulation for cross-border shipments of WEEE / used EEE

„old“ collection rates „new“ collection rates

- Regulation of "dual use" equipment

Overview of the most important changes:The product scope

„old“ WEEE-Directive 2002/96/EG WEEE-Recast Directive 2012/19/EU

10 categories New product scope

1. Large household appliances2. Small household appliances 3. IT and telecommunications equipment 4. Consumer equipment 5. Lighting equipment6. Electrical and electronic tools 7. Toys, leisure and sports equipment8. Medical devices 9. Monitoring and control instruments 10. Automatic dispensers

Until 2018: 1.-3. identical4. IT and telecommunications equipment + photovoltaic (PV) panels 5.-10. identical

From 15. August 2018: „open scope“ and 6 categories1. Temperature exchange equipment2. Screens, monitors, and equipment containing screens having a surface greater than 100 cm2 3. Lamps 4. Large equipment (any external dimension greater than 50cm)5. Small equipment (no external dimension more than 50cm)6. Small IT and telecommunication equipment (no external dimension more than 50 cm)

sowie Umkehr der Regelung zum sachlichen Anwendungsbereich

Overview of the most important changes: Producer definition

„old“ WEEE-Directive 2002/96/EG WEEE-Recast Directive 2012/19/EU

…Manufactures and sells EEE under his own brand

…is established in a Member State and manufactures EEE under his own name or trademark, or has EEE designed or manufactured and markets it under his name or trademark within the territory of that Member State;

…Resells equipment from other suppliers under his own brand

…is established in a Member State and resells within the territory of that Member State, under his own name or trademark, equipment produced by other suppliers;

…Imports or exports professional electrical or electronic equipment into a Member State

…is established in a Member State and places on the market of that Member State, on a professional basis, EEE from a third country or from another Member State; or

- …sells EEE by means of distance communication directly to private households or to users other than private households in a Member State, and is established in another Member State or in a third country.

Are you a producer or are you a distributor?

Please tick here…

I am a producer I am a distributor

Overview of the most important changes: take back obligation (1)

„old“ WEEE-Directive 2002/96/EG WEEE-Recast Directive 2012/19/EU

In principle1:1 take back obligation for the distributor

In principle1:1 take back obligation for the distributor

Overview of the most important changes: Take back obligation (1)

„old“ WEEE-Directive 2002/96/EG WEEE-Recast Directive 2012/19/EU

- 0:1 take back obligation for the distributorfor small electrical appliances: Requirement that retail space will be at least. 400m²

Overview of the most important changes:Trans-border shipments

„old“ WEEE-Directive 2002/96/EG

WEEE-Recast Directive 2012/19/EU

No regulation exists Regulation for Trans-border shipments of WEEE/ second hand EEE in Annex 6:

- Trans-border shipments of used equipment allowed, only when:-Equipment is fully functional, and-This can be proven according to the requirements of Annex VI

Exemption from this requirement for used equipment, the (cumulative)-under an inter-company transfer agreement -as defective for repair -under warranty -for the purpose of reuse -return it to the manufacturer or a third party acting on his behalf

Overview of the most important changes: Collection rates

„old“ WEEE-Directive 2002/96/EG

WEEE-Recast Directive 2012/19/EU

Collection rate:Al least. 4 kg Inhabitant / year(only B2C)

Collection rates until December 2015:At least. 4 kg Inhabitant / year (only B2C)

OrAmount of waste that was collected on average by MS in the previous three years depending on which value is higher

From 2016:At least. 45% of the average amount of devices put on the market in the 3 previous years (both B2B and B2C)

From 2019:At least. 65% of the average amount of devices put on the market in the 3 previous years or85 % of WEEE generated (both B2B and B2C)

Overview of the most important changes: Dual-use regulation

„old“ WEEE-Directive 2002/96/EG

WEEE-Recast Directive 2012/19/EU

No regulation for „dual use“ equipment

Regulation for „dual use“ equipment

Were classified in the Member States with different criteria as either B2B or B2C as.

Clear assignment as B2C: Devices that can be used by both private as well as other users, are to be classified as B2C in any case.

Questions?

Agenda

Introduction: the WEEE-Recast 2012/19/EU

Overview of the most important changes

National differences in comparison - Impact on manufacturers and distributors

Preview

Comparison of National characteristics - Impact on Manufacturers and Distributors an example from Ireland, the Netherlands and UK

Ireland

UK

Netherlands

Comparison of National characteristics - Impact on Manufacturers and Distributors

thresholds

UK Ireland the Netherlands

< 5 tons „Small Producer“

•No obligation to join a Compliance Scheme •Registration possible directly with the competent authority

No No

Comparison of National characteristics - Impact on Manufacturers and Distributors

Photovoltaic modules

UK Ireland the Netherlands

Additional Category: 14 as B2C device

Category: 4 as B2C device

Category: 4 as B2C device

Comparison of National characteristics - Impact on Manufacturers and Distributors

B2B, B2C and dual-use distinction

„old“ WEEE-Directive 2002/96/EG WEEE-Recast Directive 2012/19/EU

B2C:Equipment from private households + devices that are similar to that from

private households because of its nature or quantity

B2B:Everything that does not fall under B2C

Dual-use: Not defined

Dual-use:Devices that can be used by both private as well as other users, are to be classified as B2C in any case

UK Ireland the Netherlands

until now B2B/ B2C Classification of dual-use products based on evidence

B2B/ B2C Classification of dual-use products based on distribution channel

B2B/ B2C Classification of dual-use products based on evidence

new Guidance document under revision; new evidence possible from 2015!

Dual-use products are always classified as B2C

No dual-use regulation in the law!

impact Producers who sell dual-use products to industrial end-users must now also report these products as B2C

Producers who sell dual-use products to industrial end-users must now also report these products as B2C

Pure practical interpretation according to the specification of the Directive: dual-use = B2C

Fallbeispiele - B2B, B2C und dual-use Unterscheidung

Authorized representative - AR

„old“ WEEE-Directive 2002/96/EG WEEE-Recast Directive 2012/19/EU

To appoint an authorized representative was neither a possibility nor obligation

Article 17: inter alia Distance sellers from other countries will need to appoint an AR in the target country

28

Fallbeispiele – authorized representative

UK Ireland the Netherlands

Until now No AR required No AR required No AR required

new AR order possible for direct sales from abroad (EU + non-EU) as well as for other producers

AR required for direct sales from EU countries (not for non-EU) as well as possible in the case of takeover of obligations

AR required for direct sales from EU countries (not for non-EU)

NOTE: Obligation also possible due to legislation in the country of origin (UK (-) IRE (+), NL (+))

impact Requirements differ from one country to another; always check the legal situation in the target country and country of origin!

Questions?

Agenda

Introduction: the WEEE-Recast 2012/19/EU

Overview of the most important changes

National differences in comparison - Impact on manufacturers and distributors

Review

Summary and ReviewOverview of the most important To Do’s for producers and distributors:

Check products within the

scope

Check labelling

Re-check obligations in

target markets

Check 0:1

Take back

Check Obligations for distance sellers

Re-Check classification

B2B/B2Cdual-use

Monitoring of the

national implementati

on

Summary and ReviewOverview of the most important To Do’s for producers and distributors:

Check products

within the scope

Check 0:1

Take back

Monitoring of the national

implementation

Check labelling

Re-check obligations in

target markets

Re-Check classification

B2B/B2Cdual-use

Check Obligations for distance sellers

Summary and ReviewOverview of the most important To Do’s for producers and distributors:

Check labelling

Check 0:1

Take back

Check products within the

scope

Re-check obligations in

target markets

Monitoring of the national

implementation

Re-Check classification

B2B/B2Cdual-use

Check Obligations for distance sellers

Summary and ReviewOverview of the most important To Do’s for producers and distributors:

Re-Check Obligations in target markets

Check 0:1

Take back

Check products within the

scope

Check labelling

Monitoring of the national

implementation

Re-Check classification

B2B/B2Cdual-use

Check Obligations for distance sellers

Summary and ReviewOverview of the most important To Do’s for producers and distributors:

Check 0:1

Take back

Check products within the

scope

Check labelling

Re-check obligations in

target markets

Monitoring of the national

implementation

Re-Check classification

B2B/B2Cdual-use

Check Obligations for distance sellers

Summary and ReviewOverview of the most important To Do’s for producers and distributors:

Check 0:1

Take back

Check obligations for

distance seller

Check products within the

scope

Check labelling

Re-check obligations in

target markets

Monitoring of the national

implementation

Re-Check classification

B2B/B2Cdual-use

Summary and ReviewOverview of the most important To Do’s for producers and distributors:

Check 0:1

Take back

Re-Check classification

B2B/B2Cdual-use

Check products within the

scope

Check labelling

Re-check obligations in

target markets

Monitoring of the national

implementation

Check Obligations for distance sellers

I want to receive more information by the following means:

On-Site-Event (Germany)

Online Flyer etc. no demand

I feel well informed.

There are still a few questions left.

There are a lot of questions left.

Your Feedback:

Your Partners

Katrin Beisswenger1cc GmbHE-mail: k.beisswenger@1cc-consulting.com

Sandra Harris1cc GmbHE-mail: s.harris@1cc-consulting.com

Tel.: +49 (0) 7031 439380URL: www.1cc-consulting.com

Thank you for your attention

More information about the project

www.bitkom-akademie.de