Extended Producer Responsibility

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1 Extended Producer Responsibility Understanding your Obligations Graham Margetson CEO Emma Mundy Senior EPR Consultant

2 Lorax Compliance About us Headquarters in Rugby (U.K.) Developers of cloud-based EPR compliance software-as-a-service (SaaS) Full software implementation and training EPR Regulatory Consultants Technology Led Regulatory Compliance

3 Today s Topics Worldwide Extended Producer Responsibility Introduction to Packaging Waste Directives Waste Electrical and Electronic Equipment (WEEE) Directives Batteries Directives Circular Economy Summary Questions

4 Emma Mundy Senior EPR Consultant

5 Extended Producer Responsibility OECD Definition The shifting of responsibility toward the Producer and away from municipalities Environmental considerations when designing products The EPR principle has evolved

6 Extended Producer Responsibility Directives EU Directives EU Packaging Waste 94/62/EC as amended EU Waste Electrical and Electronic Equipment The first WEEE Directive 2002/96/EC The new WEEE Directive 2012/19/EU EU Batteries Directive 2006/66/EC as amended Worldwide implementation of EPR Directives

7 Extended Producer Responsibility Worldwide Implementation EU legislation introduced in the 1980s Reduce environmental impact at design stage Recycle/reuse Non-EU European countries have similar regulations Worldwide implementation Scope and structure varies

8 Packaging and Packaging Waste

9 EU Packaging and Packaging Waste Directive Background The first piece of EU packaging legislation was introduced 1980s The EU packaging directive was introduced in 1994 It is split into two parts: Essential Requirements Packaging Waste

10 EU Packaging and Packaging Waste Directive Essential Requirements Packaging to be minimised at the design stage Packaging to be designed to permit recovery and/or reuse Heavy metals in packaging to be restricted Hazardous substances in packaging must be minimised

11 EU Packaging and Packaging Waste Directive Packaging Definition Packaging includes Primary Secondary Tertiary/Transport Packaging includes items filled at point of sale Packaging does not include items that are integral to a product and are intended to be used, consumed and disposed of together

12 EU Packaging and Packaging Waste Directive The Detail Scope Incremental country targets By June 2001, Member States had to achieve 50%-65% recovery of packaging waste The amended 2004 Directive includes an overall packaging waste recovery target of 60% by no later than 31 December 2008, between 55%and 80% by weight of packaging waste to be recycled

13 EU Packaging and Packaging Waste Directive The Detail A packaging producer must register in each obligated country Join a compliance scheme or set up their own collection infrastructure Pay fees based on their individual obligation EU member states compliance processes and fees can differ significantly Current review of waste policy and its proposals

14 EU Packaging and Packaging Waste Directive Who is obligated? Packaging producers include: Suppliers of packaging materials Packaging manufacturers and converters Fillers and users Importers Distributors Distance sellers B2B and B2C be careful if you sell via both routes e.g. hospitals and pharmacies

15 EU Packaging and Packaging Waste Directive Green Dot Widely recognised in the EU Denotes packaging compliance in some countries No meaning in the UK Separate license fee and/or compliance fee European countries where the Green Dot can be used Mandatory in some countries Also licensed in United States and Canada

16 Packaging and Packaging Waste Non EU Countries Mexico Uruguay Chile Jamaica and St. Lucia Australia Canada

17 Waste Electrical and Electronic Equipment

18 Waste Electrical and Electronic Equipment Directive Background The first WEEE Directive entered into force in February 2003 (2002/96/EC) Aim was to increase recycling and reuse A new WEEE directive entered into force August 2012 (2012/19/EU) Not all EU countries have met this deadline

19 Waste Electrical and Electronic Equipment Directive Background Major environmental and health problems Valuable resources Improvement to collection, treatment and recycling of EEE Two directives to address this: The Directive on waste electrical and electronic equipment (WEEE Directive) The Directive on the restriction of the use of certain hazardous substances in EEE (RoHS Directive)

20 Waste Electrical and Electronic Equipment Directive The Detail Targets Responsibility on producers to finance a collection system Responsibility on distributors to take back Mark crossed out wheeled bin symbol Collate and submit data Certain exemptions still remain

21 Waste Electrical and Electronic Equipment Directive WEEE2 The Detail Fighting illegal export of waste more effectively Exporters forced to test shipments Improving harmonisation Administrative burdens expected to decrease significantly Enforcement is expected to increase significantly

22 Waste Electrical and Electronic Equipment Directive What s changed? Obligated parties Authorised Representative Free take back for small WEEE under certain conditions Photovoltaic panels in scope De minimis thresholds Open scope New categories Medical devices now subject to recovery and recycling targets

23 Current Categories New Categories Large Household Appliances Temperature Exchange Equipment Small Household Appliances IT Equipment Consumer Equipment and Photovoltaic Panels LightingEquipment Electricaland Electronic tools Screensand Monitors Lamps LargeEquipment SmallEquipment SmallIT and telecommunications Equipment Toys leisure and sports equipment MedicalDevices Monitoringand Control Instruments AutomaticDispensers

24 Waste Electrical and Electronic Equipment Directive Who is obligated? Producer means any natural or legal person who: Manufactures EEE Resells Places on the market, on a professional basis Sells EEE by means of distance communication Distributor meaning

25 Waste Electrical and Electronic Equipment Directive Medical Devices Not all medical equipment is excluded Monitors attached to single use items that become infected are still obligated Check obligations by country Items such as electric toothbrushes and thermometers are included Recovery and Recycling targets Shipments of used medical devices that are not WEEE

26 Waste Electrical and Electronic Equipment Non EU Countries Canadian Provinces Australia USA Brazil China

27 Batteries

28 EU Batteries Directive Background Batteries Directive introduced in 2006 Amended 3 times Aims to increase recycling and reuse Portable, industrial and automotive batteries and accumulators are all within the scope Directive establishes an overall collection target for all spent portable batteries of 25% to be achieved by 2012 and 45% by 2016

29 EUBatteries Directive The Details Restrictions Collection requirements Sound treatment and recycling landfilling/incinerating automotive and industrial batteries is banned Batteries must be labelled

30 EU Batteries Directive Amendment Transposed 1 July 2015 Cadmium Prohibition It also prohibits the use of mercury in all batteries (including button cells, as of 2 October 2015)

31 EUBatteries Directive Are you Obligated? Battery producer definition Example 1: A retailer sells batteries in a particular EU Member State, but he purchased those batteries in a different country Example 2: A battery manufacturer in a particular EU Member State sells batteries to a private label owner in that Member State. These batteries are then sold in the same Member State (under the label of the private owner and not under the label of the battery manufacturer)

32 Batteries Directive Non EU Countries USA Canada Australia

33 The Future

34 Extended Producer Responsibility European Circular Economy The EC adopted a legislative proposal to review recycling and other waste related targets The main elements of the proposal include: Increased re-use and recycling targets A ban on landfilling of separately collected waste Measures to reduce food waste Promoting best practice across member states Improving traceability of hazardous waste Economic Incentives for producers to put greener products on the market

35 Summary Worldwide implementation of EPR You should now have a better understanding of: Packaging Waste Directive WEEE Directive Batteries Directive Future webinar program to be more detailed on individual directives See for Webinar schedule Questions? emundy@loraxcompliance.com

36 Thank you for attending tweet