Revamped EU electronic waste rules target 85% collection rate by 2019

The recast Waste Electrical and Electronic Equipment Directive (WEEE Directive) (34-page / 978KB PDF), which came into force this week, will introduce an initial collection target of 45% of electronic equipment sold from 2016, rising to 65% of equipment sold or 85% of waste generated from 2019. In addition, from 2018 the rules will apply to all types of electronic waste - pending the result of an impact assessment – by ending many exemptions for old or difficult to collect items. The new targets will, the Commission said, ensure around 10 million tonnes of products will be collected for reuse, recovery or recycling by 2020.

WEEE, or e-waste, is one of the fastest growing waste streams, according to the Commission; however only one third of waste generated is separately collected through existing frameworks. Current targets call for a minimum rate of 4kg of waste per head of population to be recovered for recycling a year, representing about one fifth of the ten million tonnes of such waste generated annually.

The former WEEE Directive, which came into force in February 2003, made manufacturers responsible for the safe collection and disposal of used equipment and called on member states to create mandatory free collection schemes. The purpose of the rules was to prevent harm to the public and the environment from hazardous substances contained in these items, as well as to increase the recycling of the objects themselves and component materials. Proper treatment and collection is necessary to recycle the gold, silver, copper and rare metals used in TVs, laptops and mobile phones the Commission said.

Once the new rules are in force, consumers will be able to return small e-waste items to large retail shops for collection, unless member states can show that an existing alternative scheme is at least as effective. The recast Directive also creates tougher tests for shipments of used equipment which are suspected of being illegally removed from the EU.

Environmental law expert Simon Colvin of Pinsent Masons, the law firm behind Out-Law.com, said that although the new targets were welcome the more stringent rules came with "a couple of health warnings". Deciding whether an object falls under the rules is not always straightforward, he explained.

"There have been a number of grey areas under the existing regime, particularly in relation to components - time will tell whether the new Directive, once implemented at a national level in the UK, simplifies this area," he said. "There is also the question of what happens to the waste once it has been collected. The higher targets provided for in the Directive should be seen as positive, but I wonder whether enough thought has been given to the available capacity to recover, recycle or re-use electrical and electronic equipment and e-waste."

Raising collection targets could see an increase in the illegal export of e-waste, he said, something that happened when the original Directive came into force in February 2003. In addition, limited overseas markets for recovered electrical and electronic items could result in a "bottleneck" of stockpiled recovered items starting to form.

"No doubt the UK waste industry will rise to the challenge and identify new and innovative means of dealing with increased amounts of waste electronics, but the question is whether they will be able to keep up with the increased demand for their services," he added.

The Directive will require member states to introduce processes to more effectively fight illegal waste exports, the Commission said. Exporters will be obliged to test whether equipment works or not, and to document shipments that could be though illegal.

It will, however, reduce administrative burdens on member states in some areas, particularly in relation to reporting requirements. In addition, national registration requirements for producers of items that will ultimately become e-waste will be more closely aligned.

Member states have until 14 February 2014 to bring national laws into line with the new standards, although some will be allowed extra time to meet the targets if they lack the necessary infrastructure or do not use large amounts of electronic equipment. However EU Environment Commissioner Janez Potočnik encouraged member states to meet the new targets before the formal deadline.

"In these times of economic turmoil and rising prices for raw materials, resource efficiency is where environmental benefits and innovative growth opportunities come together," he said. "We now need to open new collection channels for electronic waste and improve the effectiveness of existing ones."