Advanced recycling fee WEEE

The term advanced recycling contribution fee is common in Switzerland, but its intention applies in all countries that proceed accordingly. The sales volume reports from the producers of electrical and electronic equipment result in financial responsibility for the disposal of volumes that are equivalent to the market share of the new equipment. 

Producers fulfill this responsibility by paying fees to the collective systems, which they determine according to the category and type of equipment. The income is used in particular for the municipal disposal of waste electrical equipment. Due to the time lag between the payment for the new device and the disposal of this device, the disposal of other devices is financed. The payment for the disposal of the device actually affected is made in advance, hence the term advanced disposal fee.

Authorized representative for WEEE

Article 17 of the WEEE Directive 2012/19/EU stipulates that every member state must ensure that a manufacturer who is established in one member state and places electrical and electronic equipment (EEE) on the market to end users of another member state appoints an authorized representative who is responsible for fulfilling the manufacturer's obligations. 

The authorized representative can be a natural or legal person. The member states are each requested to establish corresponding regulations for the other member states as well, so that manufacturers in their own member state are legally obliged to appoint an authorized representative abroad if EEE is placed on the market there.

Authorization Power of Attorney for WEEE

Producers and distributors of electrical and electronic equipment often commission service providers to implement the administrative and operational activities that result from manufacturer responsibility. For this purpose, a power of attorney is required for the authorities and systems in order to be able to make corresponding declarations and carry out activities. However, the power of attorney should not be confused with the authorization from Article 17 of the WEEE Directive. With a power of attorney, a manufacturer or distributor delegates the activities, but not the responsibility. In the case of authorization, the authorized person assumes responsibility for the manufacturer himself. 

Annual WEEE reporting

The sales volume reports for WEEE in Europe follow different cycles and frequencies. A large number of countries require quarterly reports, a few countries still require monthly reports. Annual reports are the exception and exist, among other things, in the B2B area. 

There are also supplementary reports once a year in addition to the reports at shorter notice periods. 

The registers, systems and envenance GmbH will be happy to provide you with precise information.

Basel Convention

The Basel Convention on the Control of transboundary movements of hazardous wastes and their disposal of the 22nd March 1989 is an international environmental agreement that has been signed by practically every state in the world. It  regulates the control of cross-border shipments of hazardous waste. The Basel Convention is reflected in the Waste Framework Directive 2008/98/EG and in associated legislations such as the WEEE Directive 2012/19/EU and national legislations (in Germany in the KrWG and in relation to waste electrical and electronic equipment in the ElektroG).

B2B or B2C WEEE?

Electrical and electronic equipment (EEE) that is used by users other than private households is not necessarily b2b EEE but can still be considered to be EEE for private household usage (b2c EEE). 

Article 3. (1) h) of the WEEE Directive 2012/19/EU stipulates that "waste electrical and electronic equipment from private households (...)" means "(...) WEEE which comes from private households and WEEE which comes from commercial, industrial, institutional and other sources

which, because of its nature and quantity, is similar to that from private households. Waste from EEE likely to

be used by both private households and users other than private households shall in any event be considered to be WEEE from private households."

This means that neither the sales channels nor the prices of electrical and electronic equipment are criteria for classification as b2b or b2c. 

B2B take-back concept 

The request for the provision of a b2b take back concept has been used in the recent past particularly in the scope for the ElektroG in Germany. According to § 7a ElektroG, the information on access to a take-back infrastructure and the processing  - also when commissioned by third parties - must be submitted to the authority in detail and deposited as part of the registration data at the Stiftung elektro-altgeräte-register (ear). The submission of take back concept is required regardless whether in reality WEEE is actually taken back by the respective producer or whether this is not the case due to current alternating disposal practices. The regulator intends to increase the collection rates by these means. 

An example for a b2b take back concept can be seen here:

https://www.ifm.com/gb/en/shared/company/sustainability/disposal/weee

Central EU WEEE register 

There is no central European register or EU register. (see also European WEEE register)

Collective WEEE schemes

The operative return of WEEE, particularly in the context of municipal disposal, takes place throughout Europe and worldwide by specially designed organisations, so-called collection or collective systems. Some of these systems follow a non-for-profit approach

Crossed-out wheeled bin 

Article 14 (2) e) and (4) of the WEEE Directive 2012/19/EU stipulates that electrical and electronic equipment(EEE) must be labeled with the symbol of a crossed-out wheeled bin. This should be done in accordance with the European standard 50419.

The symbol is listed in Annex IX of the WEEE Directive. The crossed-out wheeled bin is displayed without a bar in the WEEE Directive. In practice, the procedure from the 50419 standard has prevailed. 

The bar under the wheeled bin indicates that the EEE in question was placed on the market after the 13th August 2005 and falls into the scope of the WEEE producer responsibility. However, the information of the put onto the market date can also be communicated to the user and the disposal facility in some other way and the bar can thus be omitted. 

The symbol must be visible, recognizable and permanently attached to the device and can only be printed on the packaging, in the instructions for use or the guarantee certificate in exceptional cases due to the size or the function of the device.

Distributor take-backs 

Article 5 c) of the WEEE Directive 2012/19/EU obliges distributors to set up facilities for the collection of very small waste electrical and electronic equipment (no external dimensions over 25 cm) free of charge and without any obligation to purchase an electrical or electronic device of the same type (so-called 0:1 returns). 

Electrical and electronic equipment (EEE) definition 

Article 3 (1) a) of the WEEE Directive 2012/19/EU specifies the definition of electrical and electronic equipment: "‘electrical and electronic equipment’ or ‘EEE’ means equipment which is dependent on electric currents or electromagnetic fields in order to work properly and equipment for the generation, transfer and measurement

of such currents and fields and
designed for use with a

voltage rating notewrn exceeding 1 000 volts for alternating

current and 1 500 volts for direct current;

Electrical and electronic equipment is equipment whose function is directly available to the user. 

Extended producer responsibility

The principle of extended producer responsibility obliges manufacturers and distributors of products to bear the costs for the entire product life phase, i.e. also for the costs of organizing the collection and recycling of products at the end of their life cycle. For more information, click on this link: 

https://www.youtube.com/channel/UCp_vLJoqTxGVhk_UikX5opg

European WEEE register 

A European WEEE register does not exist and therefore there is no single country registration that is applicable to other countries in Europe. However, there is an association of European registers, the European WEEE Register Network (ewrn), which advocates the standardization of processes and also publishes guidelines for affected producers and distributors. 

The tasks are de facto centralized by international service providers. 

European WEEE Directive 

The WEEE Directive 2012/19/EU only applies within the 27 member states of the EU. Outside of this community of states, however, similar regulations apply, which require the same registration, reporting, financing and take-back obligations from producers as in an EU member state. This applies in particular to Great Britain, Norway and Switzerland. In addition, there are regulations worldwide that follow similar principles as in the WEEE Directive and therefore entail similar produceeeeer obligations, at least for a range of electrical and electronic equipment. Examples include India, Israel, Canada and Turkey.

Fines WEEE Directive

(see Penalities WEEE Directive)

Guidance documents WEEE

The WEEE Directive 2012/19/EU applies an open scope to electrical and elecronic equipment. Therefore all finished electrical and electronic equipment is in the scope of the WEEE Directive. Only components and specifically excluded equipment is not in scope.

In reality, producers are still confronted with uncertainty about the classificaton into WEEE component of product on one side and the categorization ino exemptions on the other side.

In order to support producers in solving these answers, the European WEEE Register Network (ewrn has published guidance documents for these purposes.

The guidance documents can be seen here: https://www.ewrn.org/publications-events/publications

Information for users of WEEE 

Achieving the objectives of the environmental directives depends to a large extent on how the users pre-sort the equipment at the end of its life cycle. Therefore, according to Article 14 of Directive 2012/19/EU, users must be informed accordingly. In addition, it is possible that upfront recycling contribution fees  can be shown as so-called “visible fees” (French: eco-contribution). In addition, users of electrical and electronic equipment in private households should receive the necessary information about 

a) the obligation not to dispose of old electrical and electronic equipment as unsorted municipal waste and to collect this old equipment separately b) about the return and collection schemes available 

c) their contribution to the reuse, recycling and other forms of recovery of WEEE 

d) the potential impacts on the environment and human health caused by the presence of hazardous substances in electrical and electronic equipment 

e) the meaning of the crossed-out wheeled bin symbol. 

In addition, end users are requested to remove batteries contained in waste electrical equipment before disposing of it.

Intital treatment of WEEE

Article 9 of the WEEE Directive 2012/19/EU requires Member States to ensure that all facilities or companies that carry out treatment activities, in accordance with Article 23 of Directive 2008/98/EC, have a get approval. German initial treatment plants must therefore be approved as waste disposal companies, in Great Britain the status as AATF is necessary. Such approvals are available in all countries that have a corresponding regulation.

WEEE label 

(see crossed-out wheeled bin) 

Licensing Disposal companies, but also disposal service providers, must meet requirements and be officially recognized for these activities. Such evidence must be presented when the contract is commissioned. Collection systems can also only be operated with permission (in Italy, for example, by the Centro di Coordinamento RAEE).

Market surveillance 

The new market surveillance regulation will apply from July 16, 2021. It strengthens the powers of the authorities to take action against distortions of competition and risks to the population. 

Minimum WEEE for registration

(see Threshold WEEE)

WEEE Numbers on invoices 

(see registration numbers for WEEE on business documents)

Penalties WEEE Directive 

Article 22 of the WEEE Directive 2012/19/EU stipulates that violations of the directive are to be sanctioned by the member states. Accordingly, in all implementations of the WEEE Directive in the state laws of the member states there are corresponding regulations according to which administrative offenses are subject to fines. These vary both according to state law and in practice. Such regulations are also in force outside the EU.

Placing on the market WEEE

The term “producer” originally chosen by the regulators when the first WEEE Directive was introduced was still based on the status as an actual manufacturing producer. In the last two decades, however, the real producers are actually often no longer based in Europe. Rather, the target group for extended manufacturer responsibility is now the distributor. According to Article 3 (1) k) of the WEEE Directive 2012/19/EU, placing on the market is the first making available of a product on the market within the sovereign territory of a member state on a commercial basis.

Producer definition WEEE Directive

The definition of the manufacturer results from Article 3 (f) of the WEEE Directive 2012/19/EU:

‘producer’ means any natural or legal person who, irrespective of the selling technique used, including distance

communication within the meaning of Directive 97/7/EC

of the European Parliament and of the Council of 20 May

1997 on the protection of consumers in respect of distance

contracts (1):

(i) 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;

(ii) 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, a

reseller not being regarded as the ‘producer’ if the

brand of the producer appears on the equipment, as

provided for in point (i);

(iii) 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

(iv) 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.

Producer responsibility 

(see extended producer responsibility)

Registration numbers for WEEE on business documents 

Registers and collective systems assign individual numbers after registration. These must be displayed on invoices and other business documents in some countries. The authorities and systems as well as envenance GmbH provide information on this. 

Sales volume reports WEEE

The sales volume reports make the obligation of the respective manufacturer and distributor visible and is the basis for calculating the financial obligation contributions. Furthermore, the sales volume reports are the basis for measuring the collection target achievement. Due to the central importance of the sales volume reports for the regulators and due to the good measurability, the reporting system is well monitored by authorities and systems. 

Shared product responsibility

In the course of the transposition of the WEEE Directive, Germany has introduced the principle of shared poduct responsibility. This principle obliges the municipalities to provide collection locations for WEEE for consumers and to collect the WEEE from private households. The producers are responsible for the recylcling of the WEEE and have to finance this operation.

Scoping tools

The WEEE Directive 2012/19/EU has an open scope. Therefore, in principle, every electrical and electronic equipment fall under the regulations. Components, among other things, are excluded. 

When it comes to scoping of products versus components or the application of exclusion criteria, however, there is regularly uncertainty among users. In order to make things easier, the European WEEE Register Network (ewrn) has developed corresponding guidance documents. (see also: guidance documents WEEE)

Take-back concept WEEE

(see B2B take-back concept)

Threshold WEEE

The WEEE Directive 2012/19/EU itself does not suggest de threshold limits below which registrations or sles volume reports are not required. However, there are small-volume regulations for registrations in Great Britain (registration as small producer below a sales volume of five tons of electrical and electronic equipment (EEE) per year ) and flat-rate settlements for small quantities that are reported to collective systems. The amounts themselves differ between systems and countries.

Transboundary shipment of waste

Within the EU, the following regulations apply to the shipment (export, import and transit) of waste:

• Regulation (EC) 1013/2006 on shipments of waste

• Regulation (EC) No. 1418/2007 on the export of certain wastes listed in Annex III or IIIA of Regulation (EC) No. 1013/2006 to certain non-OECD countries

• Guidelines on Regulation (EC) Number 1013/2006

• Correspondence table between customs codes and waste codes.

The ordinances are based on the Basel Convention of March 22, 1989 on the control of transboundary shipments of hazardous waste and their disposal and the decision of the OECD Council on the control of transboundary shipments of waste intended for recovery and implement these directly in applicable Community law .

Accordingly, a transboundary shipment of waste is subject to either

- extensive information requirements or

- the procedure of prior written notification and consent.

Which of the two options is correct depends on

- intended disposal process (e.g. disposal or recycling)

- the country of destination and its regulations

- the classification of the waste

With regard to the waste itself, the waste definition of the Waste Framework Directive 2008/98/EG of November 19, 2008 applies. 

Triman label

The French Triman marking system is used to both inform and educate consumers about the separation of different waste types and is intended to help achieve the collection targets of the WEEE Directive 2012/19/EU just as well as other waste legisltions in France. 

The Triman consists of a logo and an area with sorting instructions. The Triman marking has to be applied since the 15th December 2022. A transitional period applies until the 15th June 2023 and covers the sale of devices that have already been manufactured and are not marked. The crossed-out wheeled bin can still be used on electrical and electronic equipment in France and replaces in this case the Triman logo, but not the sorting instructions.

The Triman marking obligations applies despite of the current infringement process that has been initiated by the European Commission.

Waste

Waste according to Article 3 of the Waste Framework Directive 2008/98/EC, the concept of waste includes any substance or object that the holder discards, intends to discard or is required to discard. Therefore, electrical equipment at the end of its life cyce or even usage cycle cannot simply be handed over to any forwarding agent or logistics company since it is considered as waste and waste management regulations must be respected (in Germany, the regulations from §§ 53 and 54 KrWG among others). Carriers require at least approval from the responsible environmental authority for such services. 

Article 4 of the Waste Framework Directive 2008/98/EC defines the following waste hierarchy: 

1. Prevention

2. Preparation for re-use

3. Recycling

4. Recovery

5. Disposal

WEEE categories

The WEEE Directive 2012/19/EU defines the categories into which electrical and electronic equipment are to be classified: 

1. Temperature exchange equipment

2. Screens, monitors, and equipment containing screens having a surface greater than 100 cm2

3. Lamps 

4. Large equipment (any external dimension more than 50 cm) 

5. Small equipment (no external dimension more than 50 cm)

6. Small IT and telecommunication equipment (no external dimension more than 50 cm)

WEEE FAQ

The European Commission has published an FAQ guide that is accessible here: https://ec.europa.eu/environment/pdf/waste/weee/faq.pdf

WEEE weight definition 

The reporting of the weight of electrical and electronic equipment has a direct impact on the financial burden on the producers of this equipment and, moreover, on the achievement of the collection targets from the WEEE Directive (see Article 7 of the WEEE Directive) Directive 2012/19/ EU. 

When determining the weights, the EU legislation applies directly on the basis of Commission Implementing Regulation (EU) 2017/699 dated April 18, 2017. Here, an EU Directive is not to be transposed into national law, but the following specification is to be followed. The weight of electrical and electronic equipment is therefore "(...) the gross weight (shipping weight) of electrical and electronic equipment within the meaning of Directive 2012/19/EU, including all electrical and electronic accessories, but excluding packaging, batteries/accumulators, instructions for use, manuals, non-electrical/non-electronic accessories and consumables.”

Brexit 

The United Kingdom left the European Union on January 1, 2021. Since then, the regulations of the WEEE Directive and the corresponding implementing acts no longer apply there. Due to the early implementation of the amended WEEE Directive 2012/19/EU into "The Waste Electrical and Electronic Equipment and Restriction of the Use of Certain Hazardous Materials in Electrical and Electronic Equipment (Amendment) Regulations 2014, which have not been changed since then, apply the regulations currently remain unchanged. Accordingly, the registration, notification, financing and take-back obligations for manufacturers and distributors continue to exist, just like in an EU member state.