The new WEEE order is up and running
The Order, which will transpose the recast WEEE Directive (WEEE2), was published on 12 February 2014 - two days before the transposition date set up in the Directive. The new legislation has brought along a number of significant changes. The changes affect both producers, operators, and local authorities:
New words in the Order
Overall, a number of key words and wordings have been changed. Placing on the market used to be called ”markedsføring” (marketed) in Danish; this is now brought closer to the English version by the wording ”at bringe i omsætning” (placed on market); “Producers and importers” will in the future only be called “producers”, but will still cover both producers and importers. The changes are due to the fact that the Order must stay as close as possible to the text of the Directive; it has no implications as such on definitions.
Authorised representative
A new player has been introduced in the producer responsibility scheme: the “Authorised representative” (AR). The reason is that foreign producers not wishing to establish a local office in Denmark can designate a local Danish representative assuming producer responsibility on behalf of the producer.
Distance selling
New rules have been introduced for the registration of so-called distance sellers. The new rules imply that all foreign businesses selling equipment directly to end-users, be it households and/or businesses, must establish a local authorised representative assuming their producer responsibility in Denmark.
Communication between the registers in Europe
It has now been included in the legislation that the producer responsibility registers in the European countries must cooperate, including by the exchange of information. For instance, it is expected that they exchange information about the authorised representatives, including information in relation to distance sellers. It is also expected that the registers will continue their collaboration on a possible harmonisation of the decisions regarding whether or not products are covered by or exempt from producer responsibility legislation.
Quantities placed on the market can be adjusted for subsequent export
A system must be established to correct quantities of equipment that is first registered as sold in Denmark but that is exported by a subsequent seller. By contrast to the rules prevailing hitherto the person subject to producer responsibility can now against documentation reduce reports to the producer register in the subsequent reporting period.
Automatic dispensers in new translation
Category 10 used to be called “salgsautomater” (vending machines). This designation rested on an imprecise Danish translation of the WEEE Directive text. Category 10 not only covers vending machines, but all kinds of electric dispensers dispensing all kinds of products, solid as well as liquid, including warm/cold drinks, soap, tissue paper, cans, chocolate, including ATMs. The new translation means that the category, which used to cover only equipment for professional use, will in the future also cover products for private households and the products for households will be part of the so-called allocation scheme.
Photovoltaic panels must be reported and collected separately
Photovoltaic panels, also known as photovoltaic equipment, must be reported and collected separately in the future. The producer must report quantities of photovoltaic panels placed on the market separately in Category 4, and the panels must be included in the allocation scheme.
For the local authorities this means that collection at the recycling centres must take place in a new fraction – Fraction 6. The collection scheme for photovoltaic panels at the municipal collection sites must be established by 1 September 2014.
NOTE! In order to implement this provision as constructively and rationally as possible, DPA-System has offered to take a facilitating role during dialogue meetings with representatives of the affected stakeholder groups.
DPA-System must conduct separation trials and make conversion keys
The reporting made by producers of products placed on the market and collected is done in ten product categories, which are the same in all European countries. However, the physical collection of products takes place in five (soon six) so-called fractions that consist to a certain extent of a mix of several categories.
When producers are to report collected quantities, fractions must be converted into categories. To do so, true and fair conversion/distributional keys must be used; these keys are based on representative and updated separation trials.
During 2014 DPA-System will therefore launch such trials in cooperation with selected local authorities and producer organisations.
Higher requirements for collection and recycling
The higher requirements for collection and recycling are a direct transposition of WEEE2; they will be a major challenge for Denmark. This subject will be discussed in detail in the next issue of the newsletter.
Link to the new Statutory Order (Not translated yet)