WEEE
The market for WEEE Lamps in Western Europe (including Switzerland and Norway) can be estimated at approximately 600 million pieces, over 90% of these Lamps being manufactured by ELC members. The impact on the efficiency of the waste management scheme for Lamps in the EU will, to a certain extent, depend on the protection of the responsible producers and financial contributors from free riders who do not contribute to the scheme.
The definition of the scope of WEEE legislation covers all high efficiency Lamps. These "WEEE Lamps" are set out in illustrative format at Annex 1.
The WEEE Directive requires therefore that WEEE Lamps be collected and recycled as of 13 August 2005 and that, by 31 December 2006, a recovery rate of 80% be achieved (article 7.2.d).
Furthermore, in line with the principle of producer responsibility, the Directive requires that, by rule with some exceptions, each manufacturer finances the cost of collection and recycling for the products he has placed on the market. The Directive draws a distinction between "private" and "non-private households". It is important to note at this stage that WEEE from a "private household" covers waste products not only from homes but also from "commercial, industrial, institutional and other sources, which, because of its nature and quality, is similar to that from private households" (article 3(k)). This particular definition therefore extends the parameters to cover also such Lamps as for schools and universities, all small businesses, manufacturing plants and offices.
For WEEE from private households, of products placed on the market prior to 13 August 2005, i.e. historical waste, EU legislation requires that producers collectively finance their collection, treatment, recovery and disposal. The producers may display a visible fee for a transitional period of eight years (until 13 February 2011) to show the consumers the cost of collection and recycling at the time of sale (article 8.3.). EU legislators expect the costs to be internalised into the product price thereafter, and that all historical products will have been collected by then.
For products placed on the market after 13 August 2005, the manufacturers must be individually responsible for financing the waste generated by their appliances and may manage their obligations for collection and treatment of WEEE either individually or through collective schemes.
In order to prove that they can cover the waste management costs of future waste, producers must either participate in the appropriate schemes or provide recycling insurance or a blocked bank account guarantee when putting products on to the market (article 8.2.).
For WEEE from non-private households, from products falling under the definition of historical waste, the Directive requires that the financing of the costs of their waste management be provided for by producers, and Member States may as an alternative, provide that users other than private households be made partly or totally responsible for this financing. A recently proposed amendment to article 91 , was tabled to limit the financial implications for producers to the costs for waste equipment taken back when a new product is sold. It is also aimed at eliminating the problem of waste from companies which sold products in the past, without their being a similar product placed on the market thereafter, and that no longer exist.
For the same products placed on the market after August 2005, the Directive simply states that producers will be responsible for financing their collection, treatment recovery and environmentally sound disposal. Importantly again, the Directive (article 9) introduces a possible exception by stating that, producers and users other than private households may conclude agreements stipulating other financing methods.