Progress of the WEEE Recast transposition

WEEE Recast

December 2013

thinkstep provides an update on progress of the transposition of the WEEE Recast in EU Member States.

Proposed WEEE tracking system in Poland

The Polish Ministry of Environment are consulting on Draft Guidelines for the Draft WEEE Act in preparation for the transposition of the Recast WEEE Directive.

The Ministry of Environment are required to prepare a new WEEE Act rather than modify the 2005 version, as it has already been amended several times. The drafting stage has fallen behind schedule so the new Act may not meet the February 2014 transposition deadline.

The Draft WEEE Act would create the legal framework for a WEEE electronic tracking system to decrease counterfeit documentation related to the processing of WEEE. The tracking system would be run by producers representing a combined market share of at least 75% and all registered producers would be finance the system.

Danish Draft of amended WEEE Order expected in December

A draft amendment to the Danish Environmental Protection Act is expected to be adopted in December 2013. Under the draft amendment, the Environment Minister will be able to issue regulations to transpose the Recast Directive and to introduce taxes on products, packaging and materials.

Following the adoption of the draft amendment to the Environmental Protection Act, draft amendments to Ministerial Order on WEEE 1296/2010 and Regulation on Waste Shipments will be issued which will transpose the WEEE Recast Directive.

Bulgarian Draft WEEE Ordinance

The draft of the new WEEE Ordinance changes the current Ordinance on WEEE (355/2012) as necessary to transpose Recast WEEE Directive 2012/19/EU. If adopted, the Ordinance will come into force in 2014.

Notably, the draft

  • sets collection targets of 41% in 2016, 48% in 2017, 55% in 2018, 60% in 2019 and 65% from 2020 onwards which in marginally above the interim collection targets for Bulgaria set by the WEEE Recast (40% rather than 45% from 2016, and final rate of 65% of POM to be achieved from 2021 rather than 2019).
  • allows foreign producers to appoint authorised representatives to register and fulfil producer obligations on their behalf.
  • requires retailers to take back small WEEE on a 1:0 basis if they have a sales areas over 400m2.

Transposition of the WEEE Recast in Estonia

The recast WEEE Directive 2012/19/EU is being transposed in Estonia by the amendment of the Waste Act and five additional regulations.

A draft amendment to the Waste Act;

  • requires producer responsibility organisations to charge revised fees to a producer requesting altered fees due to increased life expectancy or ease of re-use and recycling of their EEE;
  • requires producer responsibility organisations to have a financial guarantee of at least 6 months of turnover;
  • requires re-use centres to provide at least a 6 month guarantee for re-used EEE it sells or donates.
  • entitles over-collecting compliance organisations to compensation from under-collecting organisations;

The following amended Regulations are awaiting approval;

  • Regulation on WEEE Collection (65/2009) - stipulates that distributors with floor space of 200 m2 must meet the 1:0 take-back requirement and transposes the collection and minimum recovery targets specified in the Recast
  • Regulation on Registration and Reporting of Products of Concern
  • Regulation on the Treatment of WEEE (9/2005)

The following Regulations have been adopted;

  • Regulation 136/2013 - allows authorised representatives to register.
  • Regulation 57/2013 on Information for End-users

thinkstep can provide robust compliance solutions to manage producer obligations with the WEEE recast across Europe, including:

  • Providing detailed consultancy advice and product assessments in accordance with the new EEE categories to determine whether your company products fall under one of the new product categories, will be temporarily or permanently exempt from the WEEE recast (for example, because your product falls under an application exemption);
  • Membership to thinkstep's approved Producer Compliance Scheme in the UK for professional-use products, B2BWEEE-Scheme;
  • Implementing web-based WEEE registration, collection, recycling and reporting arrangements to comply with the producer responsibility provisions of the WEEE Regulations in each country; and
  • Managing your company‚Äôs membership to local WEEE compliance schemes in countries where the WEEE regulations require all producers to join a scheme

Source: Perchards/Sagis