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This document discusses regulations around managing used and end-of-life products internationally and nationally. It summarizes expanding regulations throughout the product lifecycle regarding materials, energy efficiency, and chemical restrictions. It also discusses the Basel Convention, an international treaty that aims to reduce movements of hazardous waste between nations, and how countries are classifying more electronic wastes as hazardous. Finally, it outlines new European Union regulations on waste electrical and electronic equipment that will further control shipments of non-functioning equipment for repair as waste.
This document discusses regulations around managing used and end-of-life products internationally and nationally. It summarizes expanding regulations throughout the product lifecycle regarding materials, energy efficiency, and chemical restrictions. It also discusses the Basel Convention, an international treaty that aims to reduce movements of hazardous waste between nations, and how countries are classifying more electronic wastes as hazardous. Finally, it outlines new European Union regulations on waste electrical and electronic equipment that will further control shipments of non-functioning equipment for repair as waste.
This document discusses regulations around managing used and end-of-life products internationally and nationally. It summarizes expanding regulations throughout the product lifecycle regarding materials, energy efficiency, and chemical restrictions. It also discusses the Basel Convention, an international treaty that aims to reduce movements of hazardous waste between nations, and how countries are classifying more electronic wastes as hazardous. Finally, it outlines new European Union regulations on waste electrical and electronic equipment that will further control shipments of non-functioning equipment for repair as waste.
Convention and National Take-Back Schemes Paul E. Hagen Beveridge & Diamond, P.C. phagen@bdlaw.com 202-789-6022 www.bdlaw.com
International Environmental Lawyers Network Conference April 19, 2013 Washington, DC 2 Expanding Regulation Throughout Product Life-Cycle Material Restrictions, Energy Efficiency, Safety Standards, Chemical Notifications, REACH Raw Materials Sourcing
Manufacture and Design Market Access Collection, Reuse, Recycling Manufacturing impacts, Material (RoHS) Restrictions, Energy Efficiency Dangerous Goods Rules, Packaging, Labeling EPR Laws, Export Bans, Movement of Used / EOL Equipment Conflict Minerals, Timber/Wood Products Distribution / Logistics
Sub-national United States, Canada, Argentina
National EU Member States: Austria, Belgium, Bulgaria, Cyprus, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Ireland, Italy, Latvia, Lithuania, Luxembourg, Malta, Netherlands, Poland, Portugal, Romania, Slovakia, Slovenia, Spain, Sweden, United Kingdom Other Jurisdictions: Australia, Bhutan, Brazil, China, Colombia, Costa Rica, Croatia, Ecuador, Iceland, India, Japan, Korea, Liechtenstein, Mexico, Nigeria, Norway, Peru, Puerto Rico, Serbia, Switzerland, Venezuela
Pending/Under Consideration Bolivia, Chile, El Salvador, Thailand, Turkey, Uruguay, Vietnam
EPR Map for Electronics Common Compliance Challenges
Waste classification Hazardous waste determinations Management plan approval & licensing Evolving collection, transportation, storage, recycling and disposal mandates Facility permitting Legal controls on exports for recycling, disposal and increasingly for repair, refurbishment and reuse Dangerous goods classifications 4 Evolving International Waste Shipment Regimes The Basel Convention (global) OECD Council Decision C(2001)107/Final OECD Expansion (e.g., Chile, Israel) Other Article 11 Agreements U.S. Bilaterals Waigani Convention (South Pacific) EU Waste Shipments Regulation (EC No. 1013/2006) effective July 1, 2007
5 Basel Convention Parties The Basel Convention Presently, 177 countries and the EU are party to the Convention (but not U.S.) Each ratifying/acceding country expected to have implementing legislation Establishes global prior notice and consent system governing waste shipped for final disposal or for materials destined for recovery/recycling Provides framework for waste definition and hazardous waste classifications with implications for international shipments and domestic management Trade bans
7 8 Exports of Used and EOL Products Basel Convention parties moving to classify many types of e-waste and other EOL products as hazardous wastes. Proposals to classify used equipment intended for reuse as waste unless tested and fully functional (narrow exemptions). E-waste technical guidelines may be adopted at COP-11(Geneva). Expect new trade bans and compliance costs for managing used and end-of-life electrical and electronic equipment world-wide. Why Does Basel Matter? If Used/EOL products classified as hazardous waste Stringent cross-border controls ESM requirements and determinations by governments Numerous national import bans based on Basel classifications Cost and logistics implications for domestic take-back programs European Community export ban and Basel Ban Amendment Party to non-Party trade ban (U.S.) Business uncertainty and disruption risk Reputational risk
9 Whats at Risk? High risk of new regulatory controls and trade bans impacting shipments related to: Non-warranty repairs Off-lease equipment Service arrangements Refurbishment operations Product recalls Intra-company equipment transfers Less risk for warranty returns Expanding regulation of e-waste shipments for recycling world-wide
10 EU WEEE Recast European Union Directive on waste electrical and electronic equipment (WEEE) recast, OJ L 197/38, 24.7.2012 Comes into effect February 14, 2014 brief timeline New and more ambitious collection and recycling targets New precedent for controlling non-functioning equipment destined for repair-reuse as waste Limited derogations for warranty returns and professional use equipment Watching for EU FAQs and national guidance on implementation 11 EU WEEE Recast Holder claiming shipment of used EEE is not WEEE must substantiate claim: Copy of invoice and contract stating equipment is destined for direct re-use and is fully functional Evidence of evaluation or testing on every item in the consignment Declaration by holder that none of the equipment is waste Appropriate protection against damage during transportation (packaging, stacking) WEEE subject to information and control requirements of the Waste Shipments Regulation, EC Regulation No. 1013/2006, L 190/1, 12.7.2006
12 INTERPOL Operation Enigma March 2013
First INTERPOL operation targeting the illegal trade of electronic waste in Nov Dec 2012 Seizure of more than 240 tonnes of electronic equipment and electrical goods Launch of criminal investigations against some 40 companies involved in the shipments Participation of police, customs, port authorities and environmental and maritime law enforcement agencies in seven European and African countries.
13 Outlook for 2013 Basel COP-11 (Geneva May 2013) Adoption of E-waste Technical Guidelines? EU WEEE Recast implementation Watch for FAQs Numerous take-back laws will become effective U.S. legislation to be reintroduced banning e-waste exports to developing countries Increased enforcement around exports world-wide 14