weee 2 – status of transposition in the eu 17.07.2014 overview of the most important changes for...
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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
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English: +49 30 27576 421
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Katrin BeisswengerLegal Counsel1cc GmbH
Stefanie KutzeraModerationBitkom Servicegesellschaft mbH
Sandra HarrisConsultant1cc GmbH
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Introduction to the virtual classroom (VC)
How familiar are you with the "old" WEEE Directive?
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I know the topic very well!
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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
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.
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.
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!
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
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