The WEEE and RoHS environmental directives - the current status

The world today is a fragile place, its environmental heath being increasingly threatened in many ways, from chemicals used in manufacturing and waste when products reach the ends of their useful lives, to 'man-made global warming', caused mainly by carbon dioxide (CO2) emission from homes, industry and transport, As a result, the safe and responsible management of our global environment is crucial for the health of our planet and all its inhabitants.

The results of man-made global warming are now unambiguous, and are becoming clear for all to see - it is almost certainly the greatest threat to mankind. This is the reason behind the Kyoto Protocol to the United Nations Framework Convention on Climate Change, which is a first step towards reducing greenhouse gas emissions (mainly CO2). The 141 countries which have so far ratified this protocol commit to reduce their emissions of carbon dioxide (CO2) and five other greenhouse gases, or take part in emissions trading, if they maintain or increase emissions of these gases. The agreement came into force in February 2005, and is largely the reason for the introduction of the UK Government's revised Part L of the Building Regulations (see previous VoltiBULLETINs on Part L in the 'Experts' Area - 'Hot Topics'). Part L is the section of the Building Regulations dealing with conservation of heat and power from new and existing buildings, both domestic and commercial.

However, as indicated in the first paragraph, there are other significant environmental problems with their own sets of related legislation. For the purposes of the electrical / electronic manufacturing and distribution industries, this concerns electrical / electronic product waste at end of life, and also the use of toxic (or otherwise dangerous) substances used in their manufacture. This legislation is:

• Directive 2002/95/EC of the European Parliament and of the Council of 27 January 2003 on the restriction of the use of certain hazardous substances in electrical and electronic equipment (RoHS).
• Directive 2002/96/EC of the European Parliament and of the Council of 27 January 2003 on waste electrical and electronic equipment (WEEE).
• Directive 2003/108/EC of the European Parliament and of the Council of 8 December 2003 amending Directive 2002/96/EC on waste electrical and electronic equipment (WEEE).

There is also secondary WEEE legislation:

• Commission Decision 2004/249/EC of 11 March 2004 concerning a questionnaire for Member States reports on the implementation of Directive 2002/96/EC of the European Parliament and of the Council on waste electrical and electronic equipment (WEEE).
• Commission Decision 2005/369/EC of 3 May 2005 laying down rules for monitoring compliance of Member States and establishing data formats for the purposes of Directive 2002/96/EC of the European Parliament and of the Council on waste electrical and electronic equipment (notified under document number C(2005) 1355).
• Commission Decision 2005/618/EC of 18 August 2005 amending Directive 2002/95/EC of the European Parliament and of the Council for the purpose of establishing the maximum concentration values for certain hazardous substances in electrical and electronic equipment (notified under document number C(2005) 3143).
• Commission Decision 2005/717/EC of 13 October 2005 amending for the purposes of adapting to the technical progress the Annex to Directive 2002/95/EC of the European Parliament and of the Council on the restriction of the use of certain hazardous substances in electrical and electronic equipment (notified under document number C(2005) 3754).
• Commission Decision 2005/747/EC of 21 October 2005 amending for the purposes of adapting to technical progress the Annex to Directive 2002/95/EC of the European Parliament and of the Council on the restriction of the use of certain hazardous substances in electrical and electronic equipment (notified under document number C(2005) 4054).
• Commission Decision 2006/310/EC of 21 April 2006 amending, for the purposes of adapting to the technical progress, the Annex to Directive 2002/95/EC of the European Parliament and of the Council as regards exemptions for applications of lead (notified under document number C(2006) 1622).

The effects of these Directives will be very significant. GAMBICA (for instance) has commented (about the WEEE and RoHS Directives): "Whilst the general focus of the debate has been on household derived WEEE, there are enormous challenges to be faced by the B-to-B sector".

Directive 2002/96/EC on waste electrical and electronic equipment (WEEE):

At least a million tonnes of electrical / electronic equipment is thrown away by businesses and households each year. Almost all such equipment (EEE) contains hazardous substances such as lead, mercury or CFCs. For example, the average PC and monitor contains around 2kg of lead. It is also estimated that over five million TV sets are discarded every year. As with computer monitors, traditional style TVs contain a high amount of lead. Industrial EEE also often contains lead and other harmful compounds (cadmium was common but this has been banned under most circumstances for some years). Hexavalent chromium is another common but potentially very harmful substance. Older industrial and utility electrical transformers contain dangerous PCBs. All of these families of substances (and there are many others) can be harmful to both people and the wider environment.

The Environment Agency has said: 'We are throwing away more electrical products every year. While many large household appliances such as cookers and washing machines do get recycled; most types of electrical waste are not treated or recycled and end up in landfill. It is important that we reduce the amount and hazardousness of this waste we are producing'. The same is largely true for commercial and industrial EEE.

The WEEE Directive (2002/96/EC) has been designed to tackle fast increasing electrical and electronic equipment waste, and it also complements EU measures on landfill and waste incineration. Increased recycling of such equipment will limit the total quantity of waste that will need to be finally disposed. Manufacturers ('Producers') will be responsible for taking back and recycling electrical and electronic equipment. Traditionally, the responsibility for recycling has generally been with those organisations recycling the items concerned. Costs have been met through both local and national taxes, plus special levies.

Producers of EEE will be responsible for paying the cost of electrical / electronic waste and meeting recycling targets. Any business that manufactures, brands, imports, sells, stores, and treats or dismantles electrical or electronic products within the EU will be affected. Waste sites that want to treat electronic equipment will require a permit and must meet standards set in the legislation.

The WEEE Directive will result in significant costs being incurred by EEE producers. The UK Government has estimated that the costs for the UK alone will be up to £500m pa. Manufacturers will need to estimate their own likely costs, so as to be able to plan for the future (see later in this article).

The main WEEE Directive facts:

• Manufacturers, importers, wholesalers and retailers of electronic and electrical equipment, are responsible for meeting the collection, recovery and treatment of WEEE costs.
• Consumers can return such equipment at no cost to themselves.
• Recyclers will have to deal with the large amounts of recycled materials that result.
• Local Government or Authorities, or equivalent, need to know the types and amounts of consumer WEEE that need to be collected and transported.
• Only licensed operators will be able to handle and recover WEEE.

Though many in industry across Europe and the UK are worried about the impact of such costs, this will provide incentives to design equipment in an environmentally efficient way, taking waste management, and recycling, into account.

It is assumed by many that 'electrical / electronic waste' refers to consumer goods, but in fact the legislation may also cover many electrical / electronic products designed for industry and commercial applications.

This legislation primarily concerns manufacturers and others in the supply chain, and electrical contractors and installers will be less affected. However, it is important that the latter are conversant with the legislation, as it may impact on their work in certain - perhaps unforeseen - ways.

Guidance on how such waste should be treated in the future has been published by the Environment Agency and the Scottish Environment Protection Agency.

These requirements were due to apply from August 2005 but the UK Government has repeatedly postponed implementation, citing - for example - that industry was not ready for the legislation. Implementation is now due, it is believed, sometime in 2007, but the actual date is still not certain.

More information and copies of consultation documentation can be obtained from the Environment Agency's website www.environment-agency.gov.uk or the Scottish Environment Protection Agency's website www.sepa.org.uk/consultation-.htm.

Which items are covered by WEEE?

Unfortunately the WEEE Directive has been delayed at least until January 2007, and probably until May 2007, as, said a manufacturer of lamp crushers, "the government has got itself into a complete mess". Howver, the WEEE Directive is primarily concerned with WEEE from domestic premises, and it encourages retailer takeback, but again until the Directive is passed, it is fairly safe to say that nobody really knows what will and will not be allowed.

The scope of the Directive is very broad and includes almost all electrical products in the average home (what about industrial products etc ????). These include TVs, PCs, digital cameras, electric cookers, video recorders, HiFi, electrical toys, blenders, kettles, fridges, DVD players, power tools, printers, toasters, etc and similar products in schools, offices and commercial premises. Vending machines, monitoring and control equipment, and many medical devices are amongst the non-household products covered. The Directive does not include traditional (incandescent) light bulbs, batteries or house wiring.

What should people do with their electrical / electronic equipment that they no longer need? The official advice is that, until full WEEE implementation, they should: sell or give away unwanted but working items; donate repairable items to refurbishers for reuse; have them taken away by a wholesaler / retailer delivering a new product (or use an in-store drop-off point where provided). Items beyond repair should be taken to the local civic amenity site, or, for smaller items, disposed of responsibly. A greater range of alternatives to disposal should be available at a later stage. It is clear, though, that many retailers and wholesalers simply don't have such facilities and, in many cases, don't even have a proper idea of what will be required. However, many responsible manufacturers of EEE, such as Voltimum Founder Member Company ABB, already have systems in place to collect and arrange for recycling of their old products. ABB does this with - for example - its variable speed drives. It even collects and recycles drives of other manufacturers, free of charge. This may be where an electrical contractor or works electrician plays a part in the WEEE process. If he or she is asked to replace a failed or out of date drive, it may be up to them to set the appropriate system in motion in some cases.
Recyclers will need to be able to deal with the large amounts of recycled materials that will become available, and Local Authorities will need to know the types and amounts of consumer WEEE that need to be collected and transported. Finally, the Government will have to avoid another 'fridge mountain' fiasco.

Calculating the cost of the WEEE Directive:

As stated, the WEEE Directive will result in significant costs being incurred by European and UK EEE producers, as they have to pay for disposal of products. A UK government estimate (about two years ago) for the UK alone was from £217m - £455m pa, but his will almost certainly have risen substantially. Many manufacturing companies (and others) will need to know now how much the WEEE Directive is likely to cost, so as to be able to plan for the future, and keep their businesses in profit. But is it actually possible to reasonably accurately calculate these costs? ERA Technology thinks so.

ERA Technology has had a good stab at defining the relevant parameters, and establishing how WEEE costs can be evaluated. Originally carried out for Sanyo, this work established a WEEE cost prediction model which depended on knowing a number of variables. These are:

• Annual sales of the producers' own products in previous years.
• Annual sales of all products of this type in previous years.
• Product lifetimes (affecting end-of-life and, therefore, disposal - which must be paid for).
• umber / weight of products sold that year.
• Market share - This is required to determine the charge payable for disposal of 'historical waste' (products manufactured before the deadline - this might be based on turnover).
• Costs for collection / recycling.
• Number of products reaching the recycler (plus what is done with them).
• Weight / composition of the products being recycled.
• The relationship between sales, and lifetime of products, for example, provides a way of predicting what is disposed of and when.

Using suitable data obtained, ERA Technology says that it can calculate the likely costs that will be incurred after the deadline for WEEE implementation. It calculates both the cost of recycling producers' own products when they reach end of life, as well as the likely historical costs. A producer will need to ensure that sales income will cover both of these future costs. The ERA model also looks (for example) at other related costs, such as when a new product is launched with much larger sales than previous products, which may affect how much money is needed to be set aside for the much larger share of historical waste and future recycling.

Such modeling will be crucial to any successful EEE business. Call ERA Technology on +44 (0) 1372 367444 or email: [email protected].

Directive 2002/95/EC on the restriction of the use of certain hazardous substances in electrical and electronic equipment (RoHS):

EEE waste is fast increasing, and the RoHS Directive 2002/95/EC on the restriction of the use of certain hazardous substances in such equipment aims to reduce the amount of harmful substances at source. This should ensure that they are not leached into the environment by equipment, some of which will, inevitably, not be recycled.

The Directive also aims to do the following:

• Complement EU measures on landfill and incineration of waste.
• Complement the WEEE Directive by cutting the amounts of potentially hazardous materials contained in EEE products.
• Reduce risks to recycling staff.
• Minimise the need for special waste treatment / recycling equipment.
• Help cut WEEE costs.

The harmful substances:

Lead is just one of several banned substances in the RoHS Directive; others include cadmium (Cd), mercury (Hg), hexavalent chromium (Cr (VI)), polybrominated biphenyls (PBBs), and polybrominated diphenyl ethers (PBDEs). Mercury is a metal dangerous to human health in its own right and it is also contained in many chemicals used in EEE products. Its accumulation in the environment and the food chain is a serious environmental health hazard. Some companies - such as Voltimum Founder Member Company Philips Lighting - has long restricted its use in its products worldwide.

Many and varied are the domestic, commercial and industrial EEE products that contain such harmful substances (which are often extremely useful for design, manufacturing or operational reasons). A few examples have already been given. In the electrical sector, certain lamps are a common source of harmful substances. Many, especially older types and fluorescent lamps, contain mercury. Others include high-intensity discharge (HID), neon, mercury vapour, high-pressure sodium, and metal halide types. These are safe as long as they are working but can cause a significant hazard if they are broken or dumped.

From July 1 2006, for example, mercury will be allowed only in gas discharge lamps under certain conditions referred to in the RoHS Directive in the EU.

The WEEE Directive means that producers have to take lamps back for recycling, but by far the best way of reducing mercury (and other dangerous substances) in the environment is to reduce or eliminate their use in products in the first place though substitution of other, safer substances (where possible) or through careful design such that harmful substance incorporation is reduced or eliminated.

Therefore, the ways in which the release of mercury from lamps can be minimised Include design improvements to reduce or eliminate mercury, and to reduce the possibility of lamp shattering with consequent mercury release, and increased lamp recycling (WEEE).

The RoHS Directive is unlikely, therefore, to affect electrical contractors or installers directly, except where they might be involved in arranging for old or damaged EEE to go to be recycled.

ISO 14001 - minimizing risk through environmental management systems:

Quite apart from the WEEE and RoHS (and other environmental) Directives is the issue of companies (which include 'producers') minimising their environmental risks. A good and established way is for them to meet legal requirements and show corporate responsibility through an environmental management system. In most cases, this means the International management system standard ISO 14001. This provides a framework for a company to control its environmental impacts, and it also helps continual improvements in environmental performance to be made. ISO 14001 does not specify actual environmental performance criteria, but helps a company demonstrate conformance, and to seek certification of its environmental management systems by an external body. Increasingly today, being accredited to ISO 14001 can help a company gain greater credibility and more business. It can even help drive costs down, as well as improve overall environmental performance.

Eco-design Requirements For Energy Using Products Directive (EUP):

The EUP (Eco-design Requirements For Energy Using Products) Directive is a (draft) European document that states that energy-powered systems must be eco-designed, and manufacturers will have to prove that any environmental impacts have been taken into account in terms of design. The definition of EuP is 'equipment, which, once placed on the market and / or into service, is dependant on energy from electricity, fossil and renewable fuels to work as intended'.

In brief, the new Directive aims to provide eco-design requirements for energy-using products, improve the environmental performance of these products, contribute to energy supply security and enhance EU economy competitiveness, and preserve the interests of industry and consumers. It should also help ensure the free movement of products within the EU.

Therefore, manufacturers will have to consider the entire life cycle of product groups as well as making an ecological assessment - raw materials, acquisition, manufacturing, packaging, transport and distribution, installation and maintenance, use, and end of life must all be considered, as does consumption of materials and energy, pollution, expected waste and ways of recycling and re-use. In terms of these last points, this legislation is related to the WEEE Directive. EU manufacturers have to comply from 1st July 2006. Conformity will be implied by use of the CE mark and the 'Eco-Label'.

Excellent environmentally performing products

Philips Lighting is ahead of the game in many respects with regard to environmental legislation such as the three Directives reviewed above. For example, its lighting products have to be designed so that they are what people need, and want, simple to use, yet advanced, use no hazardous substances, and have no adverse effect on the environment.

Excellent environmental performance, as well as lighting performance, is crucial. Both the products themselves and their manufacture affect the environment. This is because raw materials are used, and energy is consumed in both in manufacture and in operation. This, in turn, means that emissions (pollution) is produced. Finally, of course, there is waste material at end of life.