WEEE Directive 2012/19/EU will enter into force on 13 August. Member states will then have 18 months - or until late mid-February 2014 - to transpose the Recast into national law.
The content of the published regulation contains no changes from the version agreed by the Technical Adaptation Committee on 1 July 2010, which we analysed in the news item of 23 July 2010.
In its preamble, the Commission says that, to avoid excessive administrative burden, it is appropriate to limit the list of information required to those data which are most relevant for the Commission to asses the need for improving implementation of the Directive.
The annex to the Decision sets out under eleven headings (transposition into national law, environmental performance, collection schemes, collection targets ….. financing, inspection and enforcement etc) the specific requirements for information.
The Technical Adaptation Committee on the Packaging and Packaging Waste Directive (the ‘Article 21 Committee’) has held a number of inconclusive discussions about ‘borderline items’ since 2006. In December 2011 it considered but was unable to agree on a proposal for a Commission Directive which would have amended Annex I to the Directive (the definitions) through the comitology (delegated powers) procedure.
The draft was not agreed by the Committee because of disagreement over the status of release paper, and in March 2012 it was submitted to the Council to decide. ‘Release paper of self-adhesive labels’ was omitted from the March 2012 text. The Council did not take a vote because it was clear that there would not be a qualified majority in favour (there was opposition to defining rolls, tubes and cores, coat hangers and matchboxes and gas cylinders as packaging). The Commission therefore resubmitted the proposal as a Commission Directive in July 2012. The European Parliament had no objections, and the Directive was finally published in the Official Journal on 8 February.
The rules do not permit the Commission to change anything in the text without resubmitting it to the European Parliament, so 30 September 2013, the date in the Commission’s 28 March 2012 proposal for a Council Directive, remains the deadline for member states to bring the Directive into force on their national territories.
The following have been added to the illustrative list of items to be regarded as packaging:
mailing pouches for catalogues and magazines (with a magazine inside);
cake doilies sold with a cake;
rolls, tubes and cylinders around which flexible material (e.g. plastic film, aluminium, paper) is wound, except rolls, tubes and cylinders intended as parts of production machinery and not used to present a product as a sales unit;
flower pots intended to be used only for the selling and transporting of plants and not intended to stay with the plant throughout its life time;
glass bottles for injection solutions;
CD spindles (sold with CDs, not intended to be used as storage);
clothes hangers (sold with an item of clothing);
matchboxes;
sterile barrier systems (pouches, trays and materials necessary to preserve the sterility of the product);
beverage system capsules (e.g. coffee, cocoa, milk) which are left empty after use;
refillable steel cylinders used for various kinds of gas, excluding fire extinguishers.
Mechanical querns (integrated into a non-refillable container and filled with a product (e.g. a pepper mill filled with pepper) would be considered part of the packaging.
Also to be considered packaging, if designed and intended to be filled at the point of sale, is plastic film around cleaned clothes in laundries.
Items not to be considered packaging are
clothes hangers (sold separately);
beverage system coffee capsules, coffee foil pouches, and filter paper coffee pods disposed of together with the used coffee product;
printer cartridges;
CD, DVD and video cases (sold together with a CD, DVD or video inside);
CD spindles (sold empty, intended to be used for storage);
soluble bags for detergents;
grave side lights (containers for candles);
mechanical quern integrated into a refillable container (e.g. a refillable pepper mill);
These follow end-of-waste (EoW) criteria for metals, adopted as a Regulation last year, and for paper, for which the JRC has already published technical proposals. Materials meeting the minimum quality criteria established no longer have to comply with requirements applicable to waste, so they can circulate freely which makes it more likely that they will be recycled.
The criteria proposed for glass would apply only to glass recycled through re-melt applications. This is because over 90% of the recycling market for glass cullet is for re-melting applications and because re-melting results in higher energy savings than non-remelting uses. Thus, concludes JRC, “it makes sense to prioritise the support of EoW status for the recycling that provides the largest environmental gains.” It says that glass used for “one-use recovery” such as aggregates “imply a downgrading of the material that render it unfit for further recycling”.
The report makes clear that excluding cullet recovered in processes other than re-melt was controversial, with some experts arguing that its exclusion could result in the cullet being landfilled rather than recycled.
JRC looked at existing quality specifications for recyclable cullet around Europe and at the health and environmental impact of potential contaminants. The criteria set maximum levels of contaminants at levels designed to ensure that the materials that meet them will get recycled.
If these criteria are adopted as an EU regulation as now proposed by JRC, the EU might consider revising its definition of glass recycling or, when the Packaging Directive is reviewed, to restructure the glass recycling targets to promote re-melt.
The proposed criteria would affect countries like the UK, where a significant tonnage of cullet is recycled into aggregates and similar. The UK environment ministry, Defra, is already proposing to restructure the recycling target for glass to limit the tonnage recycled into non-remelt applications that can count towards the recycling target (see 22 December 2011 news item) .
When the UK transposed the EoW criteria for metals last year, it interpreted the requirements to mean that meeting the EoW criteria is the same as recycling, so PRNs could be issued at an earlier stage. If the UK interpreted the proposed new EoW criteria for glass in the same way, then only material recycled into remelt applications would count towards the targets. That could make it difficult for the the UK to meet the recycling target in the Packaging Directive, in which case the UK might re-think its interpretation.
JRC’s report and proposed criteria are available here.
The scientists have just finalised a comprehensive monitoring study on the release of chemical substances from 450 bottles available on the European market. They concluded that while hardly any BPA is released from polycarbonate bottles, it could be detected in bottles made from substitute materials, such as polyamide, while substances that are “not on the positive list” such as phthalates were released from bottles made of polypropylene and silicone.
Commission Communication Smart regulation - Responding to the needs of small and medium - sized enterprises says that there will be no changes to the enacting terms of REACH, but there are specific recommendations to reduce the impact of the REACH Regulation on SMEs. It adds that a proposal to relate the levels of fees to be paid to the European Chemicals Agency to the size of the company is being considered.
As regards waste, the Communication says only that the Commission is starting a comprehensive review of EU waste policy and legislation this year. It will cover
key targets in the Waste Framework Directive, the Landfill Directive and the Packaging and Packaging Waste Directive;
an ex-post evaluation ("fitness check") of the waste stream Directives (including packaging, WEEE, batteries and end-of-life vehicles); and
an assessment of how the problem of plastic waste can be better tackled.
The September 2012 version of Orgalime’s guide takes into account the Commission’s consultation on the RoHS2 FAQ Document (see news item) of 15 June 2012 and its possible revision before 3 January 2013. The Orgalime RoHS Guide is available to download free of charge at http://publications.orgalime.org.
Orgalime’s RoHS 2 guidance was first released in July 2011 with the aim of explaining the main changes and obligations arising from the recast Directive, especially in the following areas:
Scope
Substance restrictions
Exemptions
Alignment of the Directive with the New Legislative Framework
Commission Communication Smart regulation - Responding to the needs of small and medium - sized enterprises says that there will be no changes to the enacting terms of REACH, but there are specific recommendations to reduce the impact of the REACH Regulation on SMEs. It adds that a proposal to relate the levels of fees to be paid to the European Chemicals Agency to the size of the company is being considered.
As regards waste, the Communication says only that the Commission is starting a comprehensive review of EU waste policy and legislation this year. It will cover
key targets in the Waste Framework Directive, the Landfill Directive and the Packaging and Packaging Waste Directive;
an ex-post evaluation ("fitness check") of the waste stream Directives (including packaging, WEEE, batteries and end-of-life vehicles); and
an assessment of how the problem of plastic waste can be better tackled.
The Platform is chaired by John Bruton, a former Prime Minister of Ireland and members also include five European Commissioners, four MEPs, nine business leaders and four environment ministers.
Over the coming months, the Platform will feature a series of consultations and discussions. The first, which will close shortly, is a Flash Survey to canvass opinions on working priorities for European Resource Efficiency policy development concerning greening the economy / the circular economy. This builds on the recent public consultation on Sustainable Consumption and Production.
Key questions include:
How can sustainable sourcing be managed?
Is product design the most efficient way to promote resource efficiency?
Would the extension of producer responsibility be an efficient way of incentivizing resource efficiency?
What are the barriers to and drivers for new resource efficient business models?
What is the role of the consumer? How can barriers to change in behaviour be overcome?
Which instruments are most appropriate to help SMEs?