Producer Responsibility Legislation

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Producer Responsibility Legislation
Future ChallengesEnergy Using
ProductsREACHBatteries and AccumulatorsMartin
GooseyIeMRC Loughborough University
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Producer Responsibility Legislation

• Part of a move by the EC to achieve a more
  sustainable approach to resource use and a
  reduction in waste
• Aims to divert end of life products for re-use,
  recycling or other forms of recovery
• Producer responsibility is an extension of the
  polluter pays principle
• Places responsibility for end of life management
  on the original producer

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Producer Responsibility Legislation

• There are several Directives and Regulations
  aimed at implementing producer responsibility eg

• RoHS Directive
• WEEE Directive
• EuP
• REACH
• Batteries and Accumulators Directive
• Packaging Regulations
• plus new legislation in other non-EU countries

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The EuP Framework DirectiveEco-design of Energy
Using Products
Directive 2005/32/EC establishes a
framework for the setting of eco-design
requirements for energy using products
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Why is EuP needed?

• 80 of the cost of a product is set at the design
  stage
• 93 of production materials never used in final
  product
• 80 of products are discarded after a single use
• 99 of materials used are discarded in first six
  weeks
• The EuP Directive states
• Action should be taken during the design phase
  of EuPs since it appears that the pollution
  caused during the products life cycle is
  determined at that stage, and most of the costs
  involved are committed then
• Energy using products account for a large
  proportion of consumption of natural resources
  and energy in the EU

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Eco-design Framework Directive

• Provides for setting of requirements which EuPs
  must fulfil before they can be placed on the
  market
• Which aims to
• ensure the free movement of products
• contribute to sustainable development, security
  of supply, etc

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Products which
represent a significant volume of sales and
trade, indicatively more than 200,000 units a
year within the Community according to most
recently available figures and have a significant
environmental impact and present significant
potential for improvement without entailing
excessive costs
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Legal Basis and Declaration

• Article 95 - Free movement - CE marking for the
  products conforming to the eco-design
  requirements laid down in the implementing
  measures
• Manufacturer or authorised representative
  responsible for compliance with Directive
  normally to be based on self declaration.
• Declaration will be via CE marking regime

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The Meaning of Framework Directive

• The framework sets a template for legislation on
  specific product groups
• The specific product groups will follow the parts
  of the template that are applicable to those
  groups
• The framework will allow the rapid implementation
  of legislation on products under the scope of the
  EuP in a standardised manner
• The Directive will not create legal obligations
  for manufacturers - this will only happen when
  the implementing measures are adopted

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Implementing Measures

• Typically, implementing measures will contain
• exact definition of type or types of EuP covered.
• generic and/or specific eco-design requirements
  including the parameters addressed and, if
  required, specific limits or levels
• implementation dates, staged or transitional
  measures
• installation requirements that impact upon
  environmental performance
• standards and measurement methods to be used
• details of conformity assessment modules
• data and information requirements for monitoring
• transitional period for phasing out old products

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Implementing Measures

• Generic eco-design requirements, such as
• emissions to air and water
• other forms of pollution
• waste generation
• across the life-cycle of the product and will be
  set on the basis of
• benchmarking
• environmental impact assessment
• eco-profiling of products carried out by an
  independent body/expert

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Implementing Measures

• Design measures in accordance with best available
  practice (no cost get-out??) will have to be
  taken by the producers to meet generic and
  specific requirements
• Design solutions must be justified
• Specific eco-design requirements will be
  introduced for selected environmental impacts
• These will be in the form of limits on measurable
  aspects eg
• water use in manufacture
• energy efficiency in use
• water use in use phase

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Implementing Measures

• With regards the content of the measure the
  following criteria have been suggested
• The entire life-cycle of the product shall be
  considered.
• The performance of the product, from the
  perspective of the user, shall not be
  significantly affected.
• Health and safety shall not be adversely
  affected.
• There should be no significant negative impact on
  consumers (i.e. affordability and life-cycle
  cost)
• No significant negative impact on manufacturing
  competitiveness
• Shall not impose any propriety technology on the
  manufacturer
• No excessive administrative burden
• Issues around definitions etc?

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Enforcement

• Self declaration system market surveillance
  carried out by enforcing agency in the UK
  Trading Standards, but refused to take on this
  role
• Likely that Government will create a specific
  agency
• No pre-market assessment unless required for
  high-risk products
• Compliance of suspicious products - will be
  verified by independent body to be set up

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Penalties

• In the UK usual fines and prison terms and
  ability of Member States to prohibit sales and
  force recalls
• Fines determined by degree of non-conformity and
  numbers of products supplied to the point
  sanctions are applied
• i.e. fines are in proportion to the size of the
  potential environmental problem they have
  created.
• Other EU States will set fines similar to those
  for RoHS

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When will it happen?

• Passed into EU law 11th August 2005 and Member
  States have until 11th August 2007 to transpose
  into law
• Indicative list of priority products European
  Parliament asked for implementing measures within
  12 months of adoption for
• Heating and water heating systems
• Electric motor systems
• Lighting (domestic and industrial)
• Consumer electronics
• Domestic appliances
• Office equipment
• HVAC systems
• Power stand-by losses of all products

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Benchmarks Consumer Information

• To establish specific eco-design requirements,
  the performance of products available on
  international markets and benchmarks set in other
  countries legislations, will be considered
  during analysis and setting requirements
• Manufacturers to provide consumers with
  information on the role that they can play in the
  sustainable use of that product and, when
  required by implementing measures, the ecological
  profile of the product

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Initiatives to Help SMEs

• The Commission will take into account initiatives
  to help SMEs integrate environmental aspects
  including energy efficiency into their designs
• Member States will be required to strengthen
  support networks for SMEs to adopt environmental
  approaches to design
• Studies by the Commission in preparing
  implementation measures will be easily available
  to SMEs
• Guidelines and other specialised documentation
  will be available to SMEs

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Recommendations

• Start putting together management systems to meet
  WEEE/RoHS - these will later be used for EuP
• Use IPC 1572 material declaration forms
• If your product is on the priority list put a
  plan in place to start implementing eco-design
  in-line with general EuP requirements
• Look at energy use for raw materials and product
  use - high likelihood of being targeted

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What is REACH?

• The REACH Regulations will introduce a new system
  of
• Registration, Evaluation Authorisation of
  Chemicals
• Applies to chemicals introduced on the EU market
• in volumes of over one tonne per manufacturer
• per year

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Why is REACH needed?

• Over 100,000 chemicals are registered in the EU
• 30,000 of these are manufactured or imported in
  quantities of greater than 1 tonne
• Existing regulation is fragmented
• Adequate data on environmental and health effects
  is available for only a small proportion of
  chemicals
• To protect the public and put responsibility with
  producers

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Main Objectives of REACH

• Protection of human health and the environment
• Promotion of non-animal testing
• Conformity with World Trade Organisation rules
• Increased transparency
• Prevention of the fragmentation of the internal
  market
• Maintenance and enhancement of the
  competitiveness of the EUs chemical industry

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Main Objectives of REACH

• The purpose of the Regulation is to ensure a
  high level of protection of health and the
  environment, as well as the free movement of
  substances, on their own, in preparations and in
  articles, while enhancing competitiveness and
  innovation.
• From the complete consolidated text of the
  proposed Regulation concerning the Registration,
  Evaluation, Authorisation and Restriction of
  Chemicals (REACH) - 9th March 2006

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Who will REACH apply to? Any company
producing, importing, using or placing a
substance, preparation or article on the EU
market will be responsible for ensuring that it
complies with REACH REACH therefore covers
EU-manufacturers, including chemical suppliers,
distributors and downstream users, as well as EU
enterprises importing products to the European
Community market
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REACH Timetable

• REACH commences, 1 June 2007
• 1 December 2008 Deadline for companies intending
  to register a substance to notify intention to
  the Chemicals Agency (pre-registration) - starts
  1 June 2008
• 1 December 2010 Registration deadline for
  manufacturers/importers supplying a substance
  above 1,000 tpa, or a CMR (cat.1 or 2) substance
  above 1 tpa, or an R50-53 substance above 100 tpa

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REACH Timetable

• 1 June 2013 Registration deadline for
  manufacturers and importers supplying a substance
  above 100 tonnes per year
• 1 June 2018 Registration deadline for
  manufacturers/importers supplying a substance
  above 1 tonne per year

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REACH Timeline
Notification of substances of very high concern
in articles
gt1000 Tonnes Highly Hazardous Substances
REACH comes into force
Pre-registration
100 - 1000 Tonnes
1 - 100 Tonnes
2007
2008
2011
2014
2018
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UK Competent Authority

• The HSE will be the UK competent authority for
  REACH
• The competent authority will work closely with
  Defra (the lead Government Department for REACH),
  the Environment Agency, the devolved
  administrations and other Government Departments
  including DTI
• HSE will also liaise with the new European
  Chemicals Agency in Helsinki
• The HSE REACH help desk was launched in November
  2006
• 0845 408 9575 or ukreachca_at_hse.gsi.gov.uk

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• PRE-Registration
• Evaluation
• Authorisation
• Chemicals

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Pre - REGISTRATION

• Pre-Registration of existing chemicals (phase in
  substances) to take place between 1 June and 30
  November 2008
• All European manufacturers and importers must
  pre-register existing substances
• Enables sharing of data and avoids unnecessary
  testing
• Allows companies to continue manufacturing and
  importing phase-in substances until the
  registration deadline
• A list will be published by the ECHA on 1 January
  2009

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• Registration
• Evaluation
• Authorisation
• Chemicals

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REGISTRATION

• Manufacturers/Importers to demonstrate, via a
  Registration Dossier, that they are managing
  their chemicals safely
• Need to collect and assess information on the
  physiochemical, toxicological and
  eco-toxicological properties
• Register the information on a central database
  run by a new Central European Chemicals Agency
  based in Finland (ECHA)

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REGISTRATION - OSOR

• Proposal for One Substance One Registration
  (OSOR) originally proposed by UK and Hungary
• Allows groups of producers/importers and users to
  form a consortium to register a substance (SIEF)
• Benefits will be reduced costs and less animal
  testing
• Broadly supported by the European Parliament and
  industry but details still to be worked out

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• Registration
• Evaluation
• Authorisation
• Chemicals

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EVALUATION

• Two types of evaluation Dossier and Substance
• Dossier evaluation
• Agency scrutinises all testing proposals
  submitted with a registration dossier (primarily
  to ensure no unnecessary animal testing is
  carried out)
• 5 of all registration dossiers subject to full
  compliance check by Agency
• Substance evaluation
• Member States and Commission agree on an annual
  list of substances to be assessed in-depth
• Competent authorities carry out substance
  evaluation
• Could lead to new control measures or no further
  action

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• Registration
• Evaluation
• Authorisation
• Chemicals

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AUTHORISATION

• Authorisation will apply to substances of very
  high concern (SVHC) eg carcinogens, mutagens,
  PBTs and vPvBs etc
• European Chemicals Agency and Competent
  Authorities can include other similar materials
  eg endocrine disruptors
• Registrants will need special permission before
  such a material can be used in a particular
  application
• Organisations applying for permission will need
  to show adequate control of the risks

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AUTHORISATION

• Basically covers materials that need to regulated
  centrally because they are potentially very toxic
• Substances will be fed into this process as
  resources allow
• Their use will be banned unless industry can
  justify their continued use
• All applications for authorisation will require
  an analysis of possible alternatives
• There will be a fee for authorisation

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REACH Exemptions

• There are a number of exemptions from REACH eg in
  substances where the risk is deemed to be low
• Exemption, or reduced registration, has been
  granted for
• Polymers (register monomer if present gt2 in
  polymer)
• Non isolated intermediates
• Substances listed in Annex II (no concern) or
  meeting criteria specified in Annex III (special
  cases)
• Materials undergoing recovery ie during recycling
• Substances used in product and process oriented
  RD (PPORD)
• Minerals, ores and ore concentrates
• Substances covered under other existing European
  legislation
• RD substances, food flavourings, medical
  products etc etc

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REACH Implementation Projects (RIPS)

• Developed prior to the entry into force of REACH,
  RIPs are technical guidance and IT tools to
  enable industry and authorities to administer the
  legislation effectively
• REACH Implementation Projects (RIPS) being
  developed by the Chemicals Agency
• http//ecb.jrc.it/REACH/rip

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Summary

• There will be impacts for the whole chemicals
  supply chain
• Potential impacts for both producers and users of
  chemicals
• Downstream users will be affected
• Start a dialogue with your suppliers
• Work with your industry associations to gain
  critical mass
• REACH could also offer significant opportunities

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Batteries and Accumulators

• Currently batteries outside scope of the RoHS
  Directive
• Included in WEEE, but only when sold with a
  product - ie declare the weight of batteries
  fitted to product when sold
• However, the European Commission has agreed the
  text for a producer responsibility directive that
  covers batteries and accumulators
• Extends producer responsibility to areas not
  within the scope of WEEE and RoHS and compliments
  these Directives

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What is it?

• A partial ban on portable nickel-cadmium
  batteries that excludes batteries used in medical
  equipment, emergency lighting and alarm systems,
  and cordless power tools. However, the exemption
  for power tools is subject to review after four
  years
• Collection targets for spent portable batteries
  of 25 of average annual sales 4 years after the
  directive is implemented in the UK, rising to 45
  after 8 years
• Bans the disposal of untreated automotive and
  industrial batteries in landfill or by
  incineration

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Definitions

• A battery or accumulator is
• any source of electrical energy generated by
  direct conversion of chemical energy and
  consisting of one or more primary battery cells
  (non- rechargeable) or secondary battery cells
  (rechargeable)
• A portable battery or accumulator is
• means any battery, button cell, battery pack or
  accumulator that (a) is sealed and (b) can be
  hand-carried and (c) is neither an industrial
  battery or accumulator nor an automotive battery
  or accumulator
• An automotive battery or accumulator is
• any battery or accumulator used for automotive
  starter, lighting or ignition power

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When will it happen?

• Directive 2006/66/EC on Batteries and
  Accumulators and waste batteries and accumulators
  was published in the Official Journal on the 26
  September 2006
• Member States have 24 months from this date to
  implement the directive
• Collection and recycling will have to begin in
  the UK no later than 26 September 2009

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What will it mean?

• Free take back and recovery of batteries
  (non-industrial)
• Producer will pay the costs of public information
  campaigns
• Possibility of using contracts to negotiate
  responsibility for recovery and recycling of
  industrial batteries and accumulators
• Visible fee to cover costs of recycling old
  batteries charged on sale of new batteries will
  not be allowed

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What will it mean?

• Producer will be legally and financially
  responsible for recovery and recycling and
  legally responsible for the restriction of
  batteries containing more than
• 0.0005 mercury by weight (2 in button cells)
• 0.002 cadmium by weight
• Producers will be seen as parties that
• place batteries on the market of a member state
• place batteries on the market of a member state
  incorporated into appliances or vehicles
• There will be an exemption for small producers
• small being defined in relation to the size of
  the national market

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Producer Responsibility Legislation
Future ChallengesEnergy Using ProductsREACHBatt
eries and AccumulatorsMartin GooseyIeMRC
Loughborough University