EuP and WEEE Directives

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EuP and WEEE Directives Recent developments AEA, Brussels September 20th 2006 Shailendra Mudgal BIO IS shailendra.mudgal@biois.com

Bio Intelligence Service Specialists in the measurement of products environment and health quality since 1989, Bio Intelligence Service targets improvement, innovation, and value-added creation A pioneer in life cycle assessment (LCA) and nutritional health since 1989 Environmental and health assessments of products and services, ecoprofiles Eco-design Multi-criteria analyses (economic, environmental and social impacts) of policy options and policy instruments Environmental communication and information dissemination 2

Our core business: the life cycle of environmental & health information CREATE Impact Assessment COMMUNICATE ENVIRONMENT & HEALTH INFORMATION Environmental strategy USE Decision-making 3

A wide range of methods and tools applied to products, processes and services COMMUNICATE CREATE ENVIRONMENT & HEALTH INFORMATION Impact assessment LCA Indicators of environmental quality Techno-economic analyses Multi-criteria analyses (cost-benefits, cost-efficiency ) Benchmarking and scientific assistance Environmental strategy Eco-labelling EPD & environmental profiles Specialised websites Newsletters Training USE Decision-making Eco-design Sustainable procurement High environmental quality buildings Customised decision-making tools Environment and health marketing 4

Clients of diverse profiles and sectors Clients profiles National and international public bodies Professional associations From SMEs to large corporations Business sectors Agribusiness - Building - Retail - Energy - Industry - Service - Packaged goods - Transport - Waste management 5

Selected references BIO is leader or partner of 5 EuP preparatory studies: Lot 4 (photocopiers, fax machines, printers, scanners and multifunctional devices), Lot 5 (consumer electronics: televisions), Lot 6 (standby- and off-mode losses), Lot 7 (battery chargers and external power supplies), Lot 12 (commercial refrigerators and freezers) Gathering of available literature in Europe and worldwide about WEEE and extraction of relevant information with a view to reviewing Directive 2002/96/EC (DG ENV) IPP Study on external environmental effects related to the life cycle of products and services constituting the European economy, including EuPs (DG ENV) http://www.europa.eu.int/comm/environment/ipp/pdf/ext_effects_finalreport.pdf European Green Procurement Web Site of the European Commission and Sustainable procurement website of the French Ministry for Environment; includes environmental information about EuPs http://europa.eu.int/comm/environment/green_purchasing; http://www.ecoresponsabilite.environnement.gouv.fr/ Design for Environment: numerous projects including edition of eco-design guides, development of customised software, design of training modules, implementation of awareness raising activities, benchmarking of eco-design practices More than 200 LCAs of products, services and processes carried out since 1989 in various sectors (EUP, energy, transport, packaging, agribusiness, mass consumption products, building ) for private or public decision makers in Europe Economic studies and Extended Impact Assessments: WEEE directive, IPPC directive, ELV directive, Batteries directive, Waste Oils directive, Packaging Waste directive 6 Operation of the European Eco-label Help Desk

Environmental Policy in Electronics A Historical Perspective History Complexity? 2010 th : Energy Efficiency 2000 th : Life Cycle Thinking (5) Concept of Sustainability (4) Integrated Product Policy EuP Product Application Systems 1990 th : Waste / Lead Free 1980 th : Climate Change 1970 th : Global Oil Crisis 1960 th : The silent spring (2) Environmental Management Policy (1) End-of-Pipe Policy (3) Product End-of-Life Policy EMAS ISO 14001 Manufacturing Processes WEEE RoHS Product Life Cycle Design EU Legislation 1975 1980 1985 1990 1995 2000 2005 2010 2015 7

Ladder of improvement for EEE Quality Life-cycle Econology Make Sustainable Conscious consumer Economy + Ecology Reduced LCC From Cradle to rebirth EuP Eco-design of Energy Using Products Improve Use-phase Energy saving Reduced impacts during life-cycle WEEE Waste of Electric and Electronic Equipment RoHS Reduction of Hazardous Substances Stabilise End of life Waste Quantities Cleanup/Reduce Hazardous material 2002 2005 2010 Time 8

EuP Directive Life Cycle Thinking Energy Resources Energy Resources Design EuP Manufacturing Distribution Product use RoHS Toxicity Waste Reuse Recycling / EoL WEEE Re-distribution Product use Toxicity Waste 9

EuP Directive Directive 2005/32/EC of the European Parliament Framework Directive for the setting of eco-design requirements for Energy using Products 6 July 2005 (Official Journal of the European Union) 10

EuP Directive General Objectives 1. Harmonisation of national laws to prevent trade barriers and unfair competition in relation to ecodesign of EuPs 2. Continuous improvement of EuP in order to reduce their environmental impact and in the interest of sustainable development 3. Measures should be taken during the design phase of all EuPs 11

EuP Directive Focus of Action 1. Improve the energy efficiency of EuPs 2. Establish a lifecycle approach to materials, components, consumables, etc. 12

EuP Directive Scope and Measures of Action Scope: Product categories have to be defined for eco-design requirements Measures of Actions Setting of eco-design requirements (implementing measures) 13

EuP Directive Implementing Measures (I) Implementation Measures are proposed for product categories which: represent a significant volume of sales in the EU market (> 200.000 units/year) involve a significant environmental impact and present a significant potential for improvement Implementing Measures are based on: environmental assessments / relevant product characteristics, and in/outs best-performing products and technologies available on the market should be taken as reference 14

EuP Directive Implementing Measures (II) Implementing Measures shall not adversely affect: product performance product safety consumer interests (price, costs) technology choice Implementing Measures are yet to be defined by the European Commission! 15

EuP-Directive Conformity Requirements Setting of Implementing Measures Generic Eco-Design Requirements (Annex I) # when it is not appropriate to set limit values Specific Eco-Design Requirements (Annex II) # when appropriate setting of limit values and eco-design parameters Compliance by affixing CE marking and documentation (Annex III) Conformity Presumption Internal Design Control for assessing conformity (Annex IV) # provision of an Eco-Profile (if required by implementing measure) Management System for assessing conformity (Annex V) # EMAS (Art. 8), Harmonized Standards 16

Factors affecting EuPs Eco-labels EU policy initiatives EIPRO, IPPC, etc. Industry and associations Consumer NGOs Working Plan (priority products or product-groups) Preparatory Studies (14 lots) Implementing Measures (Product Category) Additional Preparatory Studies Environment and Energy NGOs EC Generic Eco-Design Requirements (Annex I) Specific Eco-Design Requirements (Annex II) Market EuP-Compliance for EU Market Entrance CE Marking Industry Conformity with Implementing Measures (Product Category) EU Eco-Label EC No 1980/2000 Other Eco- Labels EMAS/ISO14000 (Annex V) Code of conduct Internal Design Control (Annex IV) Eco-Labels Other Voluntary Measures Eco-Assessment 17

EuP Directive Main Steps EuP Directive (2005/32/EC) - July 2005 Creation of the Consultation Forum - end of 2006 Creation of the Regulatory Committee - 3rdQ 2007 Adoption of the EuP Working Plan - by July 2007 Transposition of the EuP framework Directive by the Member States - by August 2007 First implementing measures - end of 2007 18

EuP Directive EuP Directive 06-07-2005 EuP Preparatory Studies -14 lots (2006-2007) Directive Transposition by the MS August 2007 EuP Conformity Year (2008/2009?) MEEUP Study (VHK) Evaluation By the EC Call for participants EuP Working Plan (adoption July 2007) Consultation Forum Creation (end 2006) Additional Product Studies (2006-2007) Consultation Regulatory Committee New Product Groups (2007-2010) First measures by the end of 2007 Adoption of Implementing Measures 2005 (3rd Q 2007) 2006 2007 19

EuP Preparatory Studies Already launched 14 lots (Product groups) 7 more expected in 2006-07 lot 1 boilers and combi-boilers (gas/oil/electric) lot 2 water heaters (gas/oil/electric) lot 3 personal computers (desktop, laptop, monitors) lot 4 Imaging equipment (copiers, faxes, printers, scanners, MFD) lot 5 consumer electronics (TV) lot 6 standby and off-mode losses of EuPs lot 7 battery chargers and external power supplies lot 8 office lighting lot 9 (public) street lighting lot 10 residential room conditioning appliances (air-con/vent) lot 11 electric motors 1-150 kw and pumps, circulators, fans lot 12 commercial refrigerators and freezers lot 13 domestic refrigerators and freezers lot 14 domestic dishwashers and washing machines 20

Preparatory Studies - Approach A uniform approach adopted for all the lots. The approach was developed by VHK in a separate contract (MEEUP). Task 1: Definition (Product/Standards) Task 2: Market Analysis Task 3: Consumer Behavior and Local Infrastructure Task 4: Product System Analysis Task 5: Base-Cases Task 6: Technical Analysis (Improvement potential) Task 7: Final Analysis (Policy, Scenarios, Sensitivity)

Preparatory Studies Methodology BIO consortium Research BIO consortium Interim r eport Industry interviews BIO consortium Industry interviews in BIO consortium

Task 1: Definition, Standards, legislation Define the product category and define the system boundaries of the playing field for eco-design Preliminary document sent to the EC and will be put up on the website as soon as it is approved 1.1 Product category and performance assessment 1.2 Test Standards 1.3 Existing legislation (including labelling and voluntary programs)

Task 2 - Market Analysis place the product group within the total of EU industry and trade policy provide market and cost inputs for the EU-wide environmental impact of the product group provide insight in the latest market trends provide a practical dataset of prices and rates to be used in a Life Cycle Cost (LCC) calculation 2.1 Generic economic data 2.2 Market and stock data 2.3 Market trends 2.4 Consumer expenditure base data

Task 3 - Consumer Behavior and Local Infrastructure identify barriers and restrictions to possible eco-design measures, due to social, cultural or infra-structural factors quantify relevant user-parameters that influence the environmental impact during product-life and that are different from Standard test conditions 3.1 Identification of possible barriers to eco-design innovations 3.2 User defined parameters

Task 4 - Product System Analysis The Eco-design directive is clearly on product design; it does not regulate systems or installations as a whole functional analysis of the system to which the product belongs, including a rough estimate of the overall impacts and an assessment of how the integration of the product into the system and its design can improve its overall environmental performance

Task 5 - Base-Cases one or two average EU product(s) have to be defined or a representative product category as the Base-case for the whole of the EU-25 has to be chosen on this Base-Case most of the environmental and Life Cycle Cost analyses will be built throughout the rest of the study the Base-Case is a conscious abstraction of reality description of the Base-Case builds on the results of Tasks 1 to 3 (5.0 Base case definition) 5.1 Product-specific inputs 5.2 Base-Case Environmental Impact Assessment 5.3 Base-Case Life Cycle Costs 5.4 EU Totals 5.5 EU-25 Total System Impact

Task 6: Technical Analysis (Improvement potential) identify design options, their monetary consequences in terms of Life Cycle Cost for the consumer, their environmental costs and benefits and pinpointing the solution with the Least Life Cycle Costs (LLCC) and the Best Available Technology (BAT). Life Cycle Costs: indicate whether design solutions might negatively or positively impact the total EU consumer s expenditure over the total product life (purchase, running costs, etc.). 6.1 Options 6.2 Impacts 6.3 Costs 6.4 Analysis LLCC and BAT 6.5 Long-term targets (BNAT) and systems analysis

Task 7 - Scenario-, Policy-, Impactand Sensitivity analysis task summarizes and totals the outcomes of all previous tasks it looks at suitable policy means to achieve the potential e.g. implementing LLCC as a minimum and BAT as a promotional target, using legislative or voluntary agreements, labelling and promotion scenarios 1990 2020 quantifying the improvements that can be achieved vs. a Business-as-Usual scenario and compares the outcomes with EU environmental targets, the societal costs if the environmental impact reduction would have to be achieved in another way, etc... impacts on consumers robustness of the outcome

The Review of WEEE Directive (1) Directive currently being implemented by the Member States Article 17 (5): Within five years after the entry into force of this Directive, the Commission shall submit a report to the European Parliament and the Council based on the experience of the application of this Directive The report shall, as appropriate, be accompanied by proposals for revision of the relevant provisions of this Directive. Directive among the EU legal acts identified as presenting a simplification potential (Commission Communication of 25 October 2005) An impact assessment will be produced to examine the costs and benefits of different policy options for the revision of the Directive 30

The Review of WEEE Directive (2) The review will examine possibilities to increase the efficiency and effectiveness of the Directive in achieving its environmental goals and to eliminate any unnecessary costs to business, consumers, NGOs, and public authorities. A wide range of issues will be examined (in particular: separate collection, treatment, recovery, and financing) to inform decisions on whether improvements could be made to better achieve the Directive s aims. Review will be based on the experience so far with the application and the ongoing development of the state of technology, environmental requirements and functioning of the internal market. Results of the review at any stage doesn t necessary mean any political or legal action. 31

Topics of the Review (1) Revision of Targets: Examine new targets for the quantities collected, as well as targets for recovery, reuse and recycling of EEE Targets for medical devices? 32

Topics of the Review (2) Scope of the Directive Interpretation issues & possibility of MS to go beyond Exclusion clauses: part of another equipment (art. 2.1), military equipment (art. 2.3), large scale stationary tools (cat. 6), implanted and infected products (cat. 8) Appropriateness of the current scope (amount of hazardous substances addressed; link with targets) 33

Topics of the Review (3) Possible options for change related to Scope: Use of criteria to determine whether in scope of not Use of a fixed list of products Inclusion of (other) types of equipment categories (e.g. those covered by the definition, but not yet in Annex IA) Exclusion of certain types of equipment categories from the scope (e.g. those with a low content of hazardous substances) 34

Topics of the Review (4) Operation of the Producer Responsibility Provisions Costs and benefits of different institutional and legal arrangements in MS Considered in particular: Interactions between national approaches (e.g. multiple financing and registration of the same product) Inclusion of distance selling into the definition of producer Use of the term put on the market National producer register Financing obligations Labelling requirements Competition issues (e.g. free riding, SMEs) 35

Treatment Requirements As a minimum, the following options will be looked at: Possibility to require use of specific technologies/techniques Inclusion of a set of criteria to determine if a treatment (technology) meets the adequate environmental standards Inclusion of criteria on the required outputs of the treatment processes Whether the current treatment requirements specified in the Directive should be amended, in particular for: Printed circuit boards for mobile phones Liquid crystal displays Topics of the Review (5) Recovery of hydrocarbons with a global warming potential <15 Whether (and when) environmentally sound reuse and recycling are hindered by the provisions of Annex II (points 1 and 2) 36

WEEE Directive Review Process Status / Timing Done June 2006 0. Research study into the implementation of the Directive by MSs EC 1. Information gathering, review and extraction BIO led consortium Expected results Available information relevant to the review (existing studies or data from MSs, national collection schemes, industry ) Data gaps Sept 2006 2007 2. Research study re. the analysis of impacts & implementation of the WEEE Directive & potential changes (scope, collection & treatment targets) Contractor 3. Research study re. the analysis of producer responsibility options Contractor Thorough evaluation of the impacts, efficacy and efficiency of the Directive from the environmental, economic and social perspectives 4. Impact assessment of different options for revision of the WEEE Directive EC Costs and benefits of different options 2008 5. Review of the WEEE Directive and of the targets European Parliament Revised Directive 37