return to : MA Projects | Previous Page

WHITE PAPER  

PROACTIVE APPROACH TO WASTE  FROM 
ELECTRICAL AND ELECTRONIC EQUIPMENT

INTRODUCTION

The Amiercan Coalition Electronics Industry (ACEI) supports the objective of minimizing the overall environmental burden of waste from electrical and electronic equipment (WEEE).  A proactive approach is needed to address the best ways to meet this objective.  This approach consists of coordinating a conference of all contributors to the production, life use and end-of-life use of electrical and electronic equipment.  Industry leaders, technicians, product designers, waste management, and recyclers along with policy-makers, scientists, and academics should meet to discuss the use of potentially harmful materials and to develop a system of shared responsibility to deal with the collection and recovery of household waste from electrical and electronic equipment.   

Two key issues need to be addressed in order to minimize the impact of WEEE on the environment. They are:

  • The use of certain substances and materials in production, which may be harmful to the environment.
  • The collection, recovery, and proper disposal of end-of-life electronic and electrical products.

BACKGROUND  
In an attempt to address these key issues, the Directorate General (DG) XI Environment of the European Union Commission drafted a directive on the waste from electrical and electronic equipment (WEEE).  The draft directive seeks to ban the use of such key substances and materials as lead, mercury, cadmium, hexavalent chromium and halogenated flame retardants by 20004.  DG XI’s directive also seeks to attribute sole responsibility to the producer for the management and financing of the collection and recovery of end-of-life household electric and electronic products. While the intention of these provisions is sound, the reality is that they do not serve to achieve the objective of minimizing the impact on the environment in the most efficient or economical way.

SUBSTANCE & MATERIAL BANS  
The phase out and ban of such substances and materials as lead, mercury, cadmium, hexavalent chromium and halogenated flame retardants — without an adequate risk assessment of the materials in their diverse range of applications within the electronics industry — is not the most prudent course of action to minimize impacts on the environment.  Several of the substances targeted by the directive do not have viable replacements.  Without knowing what replacements exist, it is impossible to assess whether the replacement substance will have a greater negative impact on the environment.  It is foreseeable in some cases that a replacement would cause a greater negative impact on the environment than the original substance.  Without doing a proper risk assessment using sound science, substance and material bans do not minimize the environmental impact from WEEE.

A ban of certain substances or materials should be based on sound science and should be characterized in horizontal legislation, not in a broad umbrella-like directive such as DG XI’s WEEE Directive.  There are many different applications of such substances as lead and mercury.   Each application must be examined to determine whether the use of that substance has a negative impact on the environment and whether another environmentally and economically viable alternative exists.  One overarching policy that bans the use of a material in all of its applications does not effectively achieve the best results for the environment, business, or consumers.  

What is needed is for industry to make information available on the applications of certain substances and materials that are used in the manufacture of electrical and electronic equipment, and are believed to be detrimental.  A risk assessment should then be conducted to determine whether the substance in the particular application is in fact harmful to the environment and whether a better alternative exists.  If the scientific risk assessment finds that the material should be banned, then a timetable for its phase-out should be constructed to the satisfaction of both government and industry.

COLLECTION AND RECOVERY REQUIREMENTS

A collection and recycling process for WEEE based on sole producer responsibility will not result in an environmentally or economically efficient solution. By requiring manufacturers to assume sole responsibility for collection, the Commission neglects the traditional role of local governments and municipalities, which would generally develop a parallel collection infrastructure, placing increased burden on the environment.  In order to minimize costs and maximize the effectiveness of a WEEE solution, it is necessary to ensure participation of all elements of the product chain, including governments and municipalities.  By working together in a system of shared responsibility, the negative impacts from WEEE on the environment can be minimized.  

An important part of the product chain, manufacturers must bear a portion of the costs and responsibilities associated with meeting the environmental improvement objectives. ACEI proposes that a "shared responsibility" system is less burdensome economically than sole "producer responsibility" and that a "shared responsibility" system has more chance of leading to a sustainable solution for environmental protection within the EU.  End-users, recyclers, public sector waste units, retailers, distributors and manufacturers should all play a role.  They all have a stake in the process. By coordinating efforts, there is a greater likelihood that the environmental objectives in terms of WEEE will be achieved efficiently and cost-effectively.   

Under a system of shared responsibility, each player should work from its strength, thereby ensuring the greatest efficiency and benefiting the environment.  Municipal waste management systems and recyclers should continue to collect waste from households because they have an infrastructure already in place.  Industry should provide the local collectors with technical assistance on the best practices for processing electronic and electrical waste and then work with the local collectors to recover the processed waste.  Many partnerships should be formed to ensure an efficient and economical system.

PROACTIVE SOLUTIONS: A CONFERENCE TO ADDRESS "SHARED RESPONSIBILITY" FOR DEALING WITH WEEE

The role of this conference will be to bring together all stakeholders to develop solutions for the recovery and disposal of certain end-of-life electronic and electrical products which may be harmful to the environment.  

A list of stakeholders and what each constitutes follows:  

  • Manufacturer — A company or individual person who manufactures equipment, adds a legal identification mark to equipment made by someone else, or imports equipment into an EU Member State and puts it into commercial operations. This may include retail or leasing activities.  
  • Distributor — A company, organization, or individual person who puts equipment into a commercial system for someone else to sell.
  • Producer — A manufacturer, distributor or importer who places the equipment on the market of an EU Member State.
  • Retailer — A company, organization, or individual person who sells or leases the equipment.
  • Recycler — A company, organization, or individual person who accepts used equipment on a commercial basis, or processes its own used equipment, for the purpose of treating it further rather than immediate disposal.  This activity may take place outside the EU.
  • Public Sector Waste Disposal — Operations under the control of local authorities or municipalities within the EU which collect many types of waste from private households and which accept wastes from the general public brought to them.  
  • End-user — The person who discards used electrical and electronic equipment.  

Members from each of the stakeholders above should participate in the conference in order to ensure that everyone’s interests are incorporated in the final system.


MAIN PRINCIPLES, BY CATEGORY

There are many different categories that need to be discussed at the conference. Participants of the conference with a particular specialty in a given category should form working groups to develop systems to deal with these issues.  Following is a breakdown by category of the issues related to WEEE along with working proposals for how to resolve the issues:

 
Collection & Sorting  
  1. The final owner must return WEEE (at minimal personal financial cost) to a collection scheme (private or public sector) run by a manufacturer, local authority/municipality, distributor or retailer.  
  2. Commercial and private household WEEE should be included in the directive, but producers should not have to collect WEEE from private households. For private households, there should be suitable collection points across Member States controlled by a public sector disposal authority.  The public sector waste authorities must organize the collection of used electrical equipment from private households in line with existing infrastructures and in consultation with producers.  The public authorities may also enter into a contract with producers for handling commercial wastes.
     
  3. A public sector disposal center must keep separate (a.k.a. sort) WEEE from private households. It must separate WEEE according to its origin or "producer," following consultation with the appropriate producer.  
  4. "Producers" must be responsible for the collection and subsequent treatment of at least the same mass of WEEE as the mass of similar new equipment they placed individually on the EU market in the previous year.  
  5. "Producers" should be able to choose their source of WEEE to meet their obligations from within their business area and competence. Public sector centers must accept pre-sorted used equipment from other collection schemes when there is no further economic value to be extracted.  
  6. If manufacturers/producers do not participate in an industry-led collection system, they can decide on a commercial basis whether to collect any of their equipment sorted out of such a system.  Producers may set up their own system, which can interface with other industry-led or collective schemes.
Collection Targets  

1.    Any data should be open for inspection and verification.  

2.    Producers must take back what is returned to them or their approved schemes, but there should not be any mandatory targets.

Recycling, Recovery & Treatment  
  1. Recyclers will charge "producers" for treating their WEEE on a commercial basis according to the difficulty of dealing with hazardous materials and disposing of non-recyclable WEEE. This "shared responsibility" system already operates for commercially used equipment by a contractual agreement between the parties (producers, distributors, users and recyclers).  The economic incentive to influence future designs is part of the system (customer requirements and waste cost reduction).  In addition, in certain cases, the producer may also be the recycler, in which case the recycler will realize the value without charging the "producer."  
  2. All collected WEEE must be treated in a verifiable system and disposed of in accordance with current EU waste regulations.
     
  3. Recycling and recovery targets should be realistic and open to revision, based on actual data collection.  
Scope: Obligated WEEE  
  1. The scope should include parts, consumables, accessories, and components or sub-assemblies that are integral constituents of the equipment and are electrical in nature.  
  2. Historical WEEE should not be included in the directive. Responsibility for waste electrical and electronic equipment put on the market prior to the directive must lie with the last owner or the public sector.
Equipment Design  
  1. There should be no substance bans unless a rigorous risk assessment has been carried out. A risk assessment must include sound science and appropriate peer reviews.  Any substance restrictions for products should be dealt with via horizontal directives, be based on scientific evidence and established risk assessment procedures, and be in line with international trade rules.  
  2. If risk assessments confirm that substance bans are needed, a minimum level should be set and an appropriate test method defined.  
  3. Rather than a blanket phase-out of substances, it would be more effective to prioritize those applications where both the quantities of restricted substances used is relatively significant, and restricted substance-free alternatives are currently viable.  
  4. There should be no restrictions on the number of plastics in new products, without evaluation of the hierarchy of opportunities for the recovery of such items.
  5. The directive would be more effective if it provided exemptions, until further notice, for those applications where no viable alternative exists.

Information and Data  

  1. "Producers" must provide the final owner with disposal information for WEEE and mark new equipment for proper collection and treatment (e.g. the "wheelie-bin" symbol).  
  2. "Producers" should provide annual figures on the mass of new electrical equipment put into circulation by type and the mass of WEEE taken back according to equipment type.
  3. "Producers" may increase the price of new equipment to reflect take-back and recycling costs.  

Database

  1. All findings of the conference on how to deal with collection and sorting; collection targets; recycling, recovery, and treatment; the scope of WEEE; equipment design; and information and data should be compiled in a database that can be accessed by all parties. This database should be located on the Internet to facilitate easy access.  
  2. This database will include recognized methods used for risk assessment, what materials and which applications are allowable, who the key contacts are for collection and recovery in every local area, and who is responsible for what at each stage.

CONCLUSION

ACEI should bring all stakeholders together at a conference to develop a system of shared responsibility for dealing with the waste from electrical and electronic equipment.  The conference should proactively address the two key issues related to WEEE and set out to resolve the issues through a joint action approach.  The final outcome of the conference should be recognized by all stakeholders and implemented.  To facilitate the implementation, a web site and database with all needed information for dealing with WEEE should be created.  It is foreseeable that this site and database be expanded beyond Europe to include other electronic and electrical equipment producing nations and eventually the world.  

APPENDIX I 

PROPOSAL FOR A DIRECTIVE ON WASTE FROM ELECTRICAL AND ELECTRONIC EQUIPMENT 

Article 1
Objectives 

This Directive sets out measures that aim, firstly, at the prevention of waste from electrical and electronic equipment, secondly at the re-use, recycling and other forms of recovery of such wastes, and thirdly at minimising the risks and impacts to the environment associated with the treatment and disposal of end-of-life electrical and electronic equipment. It is also the aim of this Directive to harmonise national measures concerning end-of-life electrical and electronic equipment in order to ensure the functioning of the internal market and to avoid obstacles to trade and distortion of competition within the Community. 

Article 2
Definitions 

For the purposes of this Directive: 

1. "Electrical and Electronic Equipment" shall mean 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 falling under the categories set out in Annex I A and designed for use with a voltage rating not exceeding 1000 Volt for alternating current and 1500 Volt for direct current. Electrical and Electronic Equipment includes all components and sub-assemblies which are part of the product as well as consumables which are referred to in Annex II; 

2. "End of life Electrical and Electronic Equipment" is electrical or electronic equipment which is a waste within the meaning of Article 1(a) of Directive 75/442/EEC; 

3. "Prevention" shall mean measures aiming at the reduction of the quantity and the harmfulness for the environment of end of life electrical and electronic equipment, their materials and substances; 

4. "Re-use" shall mean any operation by which end of life electrical and electronic equipment or its components are used for the same purpose for which they were conceived. "Re-use" includes the continued use of end of life electrical and electronic equipment which is returned to collection points, distributors or manufacturers. 

5. "Recycling" shall mean the reprocessing in a production process of the waste materials for the original purpose or for other purposes excluding the use and processing for use as fuel or as other means of generating energy; 

6. "Recovery" shall mean any of the applicable operations provided for in Annex II.B to Directive 75/442/EEC; 

7. "Disposal" shall mean any of the applicable operations provided for in Annex II.A to Directive 75/442/EEC; 

8. "Treatment" shall mean any activity after the end of life electrical or electronic equipment has been handed over to a facility for pre-treatment, depollution, dismantling, shredding, recovery or disposal, and any other operation carried out for the recovery and/or the disposal of the end of life electrical or electronic equipment and its components; 

9. "Producer" shall mean manufacturer of electrical and electronic equipment or professional importer of electrical and electronic equipment into a Member State; 

10. "Distributor" shall mean anyone who provides a product on a commercial basis to the party who is going to use that product; 

11. "Waste from private households" shall mean waste from private households, as well as commercial, industrial, institutional and other waste which, because of its nature and quantity, is similar to waste from private households. 

12. "Dangerous substance or preparation" shall mean any substance or preparation which has to be considered dangerous under Directive 67/548/EEC or Directive 88/379/EEC. 

Article 3
Scope 

1. This Directive shall cover the categories of electrical and electronic equipment falling under the categories set out in Annex I A, regardless of the date when this equipment was put on the market. 

2. This Directive shall apply without prejudice to other Community legislation in particular as regards safety standards. 

Article 4
Measures to improve recycling 

1. Member States shall encourage producers to minimise, as far as possible, the use of dangerous substances and preparations as well as the number of different types of plastics in the individual items.

2. Member States shall ensure that measures to improve recycling are implemented. In particular, Member States shall: 

A. promote the design and production of electrical and electronic equipment which takes into full account and facilitates their repair, possibility to be upgraded, re-use, dismantling and recycling. In particular, Member States shall encourage the producers to increase the use of materials which can be easily recycled;  

B. ensure that producers use common component and material coding standards, in particular to facilitate the identification of those components and materials which are suitable for re-use and recycling. Member States shall ensure that ISO 11469 on the generic identification and marking of plastic products is applied to plastic parts weighing more than 25 grams.  

3. The Commission shall promote, as appropriate, the preparation of European standards relating to the design of electrical and electronic equipment according to paragraph 2 a), b) and Article 7 paragraph 5. With regard to the implementation of these paragraphs Member States shall take into account existing international standards. 

4. Member States shall ensure that the use of lead, mercury, cadmium, hexavalent chromium and halogenated flame retardants is phased out by 1 January 2004. The applications of lead, mercury, cadmium and halogenated flame retardants listed in Annex III are exempted from this provision. This paragraph shall be inserted in Annex I to Council Directive 76/769/EEC on the approximation of the laws, regulations and administrative provisions of the Member States relating to restrictions on the marketing and use of certain dangerous substances and preparations.  

Article 5
Separate Collection 

1. Member States shall take the necessary measures to ensure that producers set up systems so that last holders and distributors can return end of life electrical and electronic equipment. They shall ensure the availability and balanced geographical distribution of the necessary collection facilities to meet this obligation. 

2. Member States shall ensure that distributors, when supplying a new product, offer to take back free of charge a similar end of life electrical and electronic equipment from private households. 

3. Member States shall ensure that collection and transport of end-of-life electrical and electronic equipment is carried out in a way which ensures the suitability for re-use and recycling of those components or whole appliances which might be re-used and/or recycled. 

4. Member States shall aim at achieving a minimum rate of separate collection of four kilograms on average per inhabitant per year of end-of-life electrical and electronic equipment from private households. Member States shall provide information on the achieved rates of collection from private households to the Commission by 1 January 2004 and on a three-yearly basis thereafter. The information shall be provided in a format which shall be adopted by the Commission within one year from the entry into force of this Directive in accordance with the procedure laid down in Article 18 of Directive 75/442/EEC. 

5. On the basis of the information gathered under Article 5.4 and taking into account information gathered under Article 11, the Commission will propose that the Council and the Parliament shall establish compulsory targets for collection of end-of-life electrical and

electronic equipment from private households from 1 January 2006 onwards. 

Article 6
Pre-treatment and Treatment 

1. Member States shall ensure pre-treatment in accordance with this Article prior to the landfilling, incineration or recovery of separately collected end-of-life electrical or electronic equipment. Such a pre-treatment shall be carried out in a way which ensures the suitability for re-use and recycling of those components or whole appliances which might be re-used and/or recycled. 

2. Member States shall ensure that producers set up systems to provide for the pre-treatment of end-of-life electrical and electronic equipment that is separately collected and destined for landfilling, incineration or recovery. For the purposes of Article 4 of Directive75/442/EEC this pre-treatment shall, as a minimum, include the removal of all fluids and a selective treatment according to Annex IV. 

3. Member States shall take the necessary measures to ensure that any establishment or undertaking carrying out treatment operations shall obtain a permit from the competent authorities, in compliance with Articles 9 and 10 of Directive 75/442/EEC. The derogation from the permit requirement referred to in Article 11, paragraph 1, of Directive 75/442/EEC shall not apply to operations concerning end of life electrical and electronic equipment covered by this Directive. 

4. Member States shall take the necessary measures to ensure that any establishment or undertaking carrying out treatment operations shall store and treat the end of life electrical and electronic equipment in compliance with the technical requirements set out in Annex V. 

5. Member States shall take the necessary measures to ensure that the permit referred to in paragraph 3 includes all conditions necessary for compliance with the requirements of paragraph 2 and 4 as well as Article 7 paragraph 2 and 3. 

6. The treatment operation may also be undertaken outside the respective Member State or the EU. In all cases, Member States shall ensure that producers deliver the end-of-life electrical and electronic equipment to establishments or undertakings which are certified under equivalent conditions as those set out in this Article. 

Article 7
Recovery 

1. Member States shall take the necessary measures to ensure that producers set up systems to provide for the recovery of the separately collected end of life electrical and electronic equipment in order to meet the objectives laid down in this Directive.  

2. Member States shall take the necessary measures to ensure that no later than 1 January 2004 the following targets are attained by producers: 

A.  For all separately collected end-of-life electrical and electronic equipment that contain CFC, HCFC or HFCs, the rate of component, material and substance re-use and recycling shall reach a minimum of 90 % by weight of the appliances.  

B.  For all separately collected end-of-life electrical and electronic equipment falling under category 1 (large household appliances) of Annex I A, with the exception of equipment that contain CFC, HCFC or HFCs, the rate of component, materialand substance re-use and recycling shall reach a minimum of 90 % by weight of the appliances.  

C.  For all separately collected end-of-life electrical and electronic equipment falling under the category 2, 3, 4, 5, 7, 8, 9 and 10 of Annex I A the rate of component, material and substance re-use and recycling shall reach a minimum of 70 % by weight of the appliances.  

D.  For all separately collected end-of-life gas discharge lamps the rate of component, material and substance re-use and recycling shall reach a minimum of 90% by weight of the appliances.  

E. For all separately collected end-of-life electrical and electronic equipment containing a Cathode Ray Tube the rate of component, material and substance re-use and recycling shall reach a minimum of 90% by weight of the appliances.  

3. For the measurement of the recycling rates the denominator is constituted by the total weight of the materials contained in the appliances sent to the recycler. This weight is calculated on the basis of the average composition of the respective appliances. The numerator is constituted by the weight of the materials sent by the recycler to specialised recycling enterprises. 

4. Without prejudice to paragraph 2 Member States shall also promote the recovery of energy from end of life electrical and electronic equipment. 

5. Member States shall encourage producers to integrate an increasing quantity of recycled or used material in electrical and electronic equipment. Member States shall take this requirement into account with regard to national legislation on public procurement. Member States shall ensure that the share of recycled plastic in new electrical and electronic equipment amounts at least to five percent of the total plastic content by 1 January 2004. 

6. On the basis of a Proposal from the Commission, the Council and the Parliament shall establish targets for re-use and recycling of end-of-life electrical and electronic equipment as well as the minimum content of recycled plastic in new electrical and electronic equipment from 1 January 2006 onwards. 

Article 8
Financing

1. Member States shall ensure that private households can return end-of-life electrical and electronic equipment free of charge. To this end Member States shall ensure that the costs for collection, treatment, the recovery and the environmentally sound disposal of electrical and electronic equipment from private households are borne by producers. 

2. Member States shall ensure that producers may create collective systems to provide for the financing in accordance with paragraph 1. Member States shall ensure that producers individually or collectively provide for appropriate guarantees for the financing of themanagement of waste of electrical and electronic equipment used by private households and put on the market after entry into force of this Directive.  

3. Member States shall ensure that producers are allowed to comply with the obligation of paragraph 1 individually under the condition that they contribute to the financing of the management of waste from electrical and electronic equipment put on the market before the entry into force of this Directive. The share of this contribution shall be in proportion to the individual producer's market share at the time of payment.

Article 9
Information for users 

1. Member States shall ensure that users of electrical and electronic equipment, including in particular private households, obtain the necessary information about: the return and collection systems available to them, their role in contributing to re-use, recycling and other forms of recovery of end of life electrical and electronic equipment, the meaning of the symbol shown in Annex VI. 

2. With a view to achieving a high rate of collection Member States shall ensure that producers appropriately mark electrical and electronic equipment falling under the categories 2, 3, 4, 5, 6, 7, 8, 9 and 10 of Annex I A, as well as the consumables listed in Annex II with the symbol shown in Annex VI. 

Article 10
Information for recyclers

Member States shall ensure that producers provide manuals which identify, as far as it is needed by treatment facilities, the different electrical and electronic equipment components and materials, and the location of all dangerous substances and preparations in the electrical and electronic equipment. 

Article 11
Information for authorities 

1. Member States shall ensure that producers provide information yearly on the quantities of electrical and electronic equipment put on the market within the Member States, both by numbers and by weight as well as on the market saturation in the respective product sectors. It has to be indicated under which of the categories of Annex IA the equipment falls and whether it is sold to professional users or private households.  

2. Member States shall ensure that the information required in paragraph 1 is transmitted to the Commission by 1 January 2004 and every three years from that date in accordance with Article 5.5.

Article 12
Management Plans 

In pursuance of the objectives and measures referred to in this Directive, Member States shall include in the waste management plans required pursuant to Article 7 of Directive 75/442/EEC, a specific chapter on the management of end of life electrical and electronic equipment. 

Article 13
Obligation to report 

Member States shall report to the Commission on the application of this Directive in accordance with Article 5 of Council Directive 91/692/EEC. The first report shall cover the period 2002-2004. 

Article 14

Implementation in national law 

1. Member States shall bring into force the law, regulations and administrative provisions necessary to comply with this Directive within 18 months from the adoption of this Directive. They shall immediately inform the Commission thereof. 

2. When Member States adopt these provisions, these shall contain a reference to this Directive or shall be accompanied by such reference at the time of their official publication. The procedure for such reference shall be adopted by Member States. 

3. Member States shall communicate to the Commission all existing laws, regulations and administrative provisions adopted within the scope of this Directive. 

Article 15
Committee procedure 

The Commission shall be assisted by the committee established by Article 18 of Directive 75/442/EEC, and according to the procedure laid down therein, in order to adopt the amendment necessary for adapting the Annexes to this Directive to scientific and technical progress. 

Article 16
Entry into force 

This Directive shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Communities.

Article 17
Addressees 

This Directive is addressed to the Member States. 

Annex I A 

CATEGORIES OF ELECTRICAL AND ELECTRONIC EQUIPMENT COVERED BY THIS DIRECTIVE 

1.   Large Household appliances
2.   Small Household appliances 
3.   IT-Equipment
4.   Telecommunication
5.   Radio, Television, Electroacoustic, Musical instruments
6.   Lighting equipment
7.   Medical equipment systems
8.   Monitoring and control instruments
9.   Toys
10. Electrical and Electronic tools
11. Automatic Dispensers

top

Continue to Next Page