WEEE recast overcomes latest hurdle

Plans to stage the introduction of tougher targets for WEEE recycling and to widen the scope of the producer responsibility legislation to cover all electronic equipment have received the backing of European environment ministers.

The proposals for the recast of the WEEE Directive were agreed yesterday (March 14) at a meeting of the EU Environment Council in Brussels that was attended by the UKs environment secretary Caroline Spelman and energy secretary Chris Huhne.

The plans represent the Councils first reading position on the recast, which brings to an end the initial stage, under the European legislative procedure known as codecision, of the recast process, after the European Parliament agreed its first reading position last month (see letsrecycle.com story).

And, yesterdays agreement makes clear a number of major differences between the Councils position and the Parliaments, in particular in relation to exactly what targets should be set when the WEEE collection goals move from their current weight-based approach to a percentage-based target.

Yesterday, the Council backed a staged approach to the targets which would require EU member states to collect 45% of WEEE starting four years after the recast comes into effect, which would then rise to 65% a further four years later.

Notably, this approach which originally emerged in December 2010 under the Belgian presidency of the EU (see letsrecycle.com story) is based on electronic equipment sold, whereas the targets backed by the Parliament last month are for 85% of all WEEE to be collected.

While a target based on electronic equipment sales would represent a challenge for the UK, which last year reached a 38.4% collection rate (see letsrecycle.com story), industry experts have suggested a target based on WEEE generated could be less taxing (see letsrecycle.com story).

Scope

Yesterdays meeting also saw the Council agree to widen the scope of the WEEE Directive beyond the 10 specific categories of electronic equipment currently detailed by the legislation. These categories are split into 13 categories under the UK system.

In a statement, the Council said: The Council also opened the scope of the law to cover in principle all electric and electronic equipment six years from the entry into force of the recast. Photovoltaic panels will be included and will have to be separately collected.

The Commission can propose changes to the scope after analysing the impact on businesses and the environment.

In December 2010 it emerged that EU member states were divided on the scope issue and officials from the UK department of business, innovation and skills (BIS) have previously indicated that the UK is against a move to an open scope.

Speaking at the letsrecycle.com Redefining Commercial Waste conference last week (March 9), BIS senior policy advisor Graeme Vickery said: Some member states want an open scope but there are others the UK included saying we first need to look at what the benefits of that might be and should stick with the existing scope but give greater clarity on what the scope is.

A spokeswoman for the Council today confirmed that, under the position agreed yesterday, the European Commission would be given the first three years of the six year periodbefore theopen scope was introduced to carry out an impact assessment on the plans and propose changes to the scope.

Reuse

In terms of encouraging reuse of entire electrical appliances, the Council proposes to increase the recovery and recycling requirements for individual items of electrical equipment by 5% and to include reuse within this goal.

The Council notes that this would take effect three years from the entry into force of the recast.

The spokeswoman for the Council noted that among the other key issues being considered by the recast, plans for a single trans-EU registration for producers were not backed by member states.

Member states are understood to have had concerns over difficulties in policing such a registration system and the potential it would create for ‘free-riders’.

In relation to the issue of whether producers be made directly responsible for funding the collection of WEEE from households – an approach backed by the Local Government Association – the Council’s position states that member states “may encourage” producers to fund the cost of collection.

The full, final version of the Councils first reading position is not expected to be made available for several months.

The next stage of the recast process will involve the Council and Parliament negotiating to reach a final agreement on the Directive. The Council said these negotiations were expected to take place in the second half of 2011.

Defra

Commenting on progress made at the meeting, a Defra spokeswoman said: “This agreement is an important step on the road towards agreeing a new Europe-wide Directive by next year. Member States have agreed to tougher recycling targets of electrical and electronic equipment, while at the same time reducing red tape for business.

More ambitious collection and recycling targets not only make environmental sense by preventing items going to landfill, but they also make good economic sense by recovering precious metals and other materials, and unlocking the full value of these goods through reuse and recycling.