E-waste Matrix Outlining Financial Responsibility in Certain Key Jurisdictions

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This matrix outlines the scope and financial responsibility imposed by e-waste legislation in certain key jurisdictions including Argentina, Brazil, Canada, China, EU, India, Korea, Japan, Philippines, Taiwan and the USA. It looks at the products covered, financing and the recycling fee for consumers where applicable.

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  • Compliance & Risks – your partners in global compliance.
  • E-waste Matrix Outlining Financial Responsibility in Certain Key Jurisdictions

    1. 1. |1E-Waste, who pays?Scope & Financial Responsibility
    2. 2. |E-waste Matrix• This matrix outlines the scope andfinancial responsibility imposed bye-waste legislation in certain keyjurisdictions1• Includes Argentina, Brazil, Canada, China, EU, India,Korea, Japan, Philippines, Taiwan and the USA• It looks at the products covered, financing and therecycling fee for consumers where applicable1 Current as at 28 October 2012
    3. 3. |Covered products2 Producer financing Recycling fee forconsumersArgentinaCurrently no law –several billsproposed over thelast few yearsBill 1433-D-2012Large appliances, small appliances, informationtechnology equipment, consumer electronicequipment [A/V], lighting equipment, electricaland electronic tools, toys and sport/leisureequipment, medical devices, monitoring andcontrol instruments, automatic dispensers,batteries and accumulators.Exclusions: products connected with nationalsecurity, nuclear activity, or products that havebeen in contact with or contains medical waste.Producer = any natural or legal person whomanufactures and sells electrical and electronicequipment under his own brand and / or thirdparties, irrespective of the selling technique usedCharge by way of an environmental tax, in anamount to be determined; producers/importersoperating takeback schemes will be exempt fromthe tax.Argentina -Province ofBuenos AiresLaw 14.321/2011Large appliances, small appliances, informationtechnology equipment, consumer electronicequipment [A/V], lighting equipment, electricaland electronic tools, toys and sport/leisureequipment, medical devices, monitoring andcontrol instruments, automatic dispensers.Exclusions: products connected with national orprovincial security, nuclear activity, militaryproducts, arms, munitions, war materiel, orproducts that have been in contact withpathogenic wastes.Producer = any natural or legal person, regardlessof the selling technique used including distanceselling and electronic means, who manufacturersand sells electrical and electronic under his ownbrand, resells under his own brand equipmentmanufactured by third parties, or professionallyimports/exports such equipment.WEEE management system including takeback,transport to treatment centres.2 This table uses generic descriptions of covered productswithout considering definitions in the legislation
    4. 4. |Covered products2 Producer financing Recycling fee forconsumersBrazilCurrently no law,the followinginformationrelates to a recentdraftBill PL-2045/2011Computers and peripherals including monitors,TVs, appliances containing heavy metals or toxicsubstances, lights, batteriesResponsibility falls on manufacturers, importers ormarketers to provide takeback system andenvironmentally adequate disposalBrazil – State ofSao PauloLaw 13.576/2009Household appliances and electronic equipmentand components, for domestic, industrial,commercial or service sector includingcomponents and computer peripherals, monitors,televisions, batteries, magnetised products.Full responsibility for disposal falls on companiesthat produce, sell or import products orcomponents.Canada – AlbertaAlberta RecyclingManagementAuthorityElectronicsRecycling Bylaw,2004All electrical and electronic equipment or devicesExclusions: electronics in and affixed to motorvehiclesAdvanced disposalsurcharge payable attime of purchase.Amounts are currentlyset for TVs, desktopcomputers includingperipherals, computermonitors,laptops/notebooks andprinters.2 This table uses generic descriptions of covered productswithout considering definitions in the legislation
    5. 5. |Covered products2 Producer financingCanada - BritishColumbiaRecycling Regulation449/2004Small electrical or electronic appliances, large electronic orelectrical appliances, electronic or electrical tools, automaticdispensers, medical devices, electronic or electrical lightingequipment, electronic or electrical IT or telecommunicationdevices, equipment or media, electronic or electrical toys,leisure and sports equipment, electronic and electricalmonitoring and control instruments, electronic or electricalaudio visual and consumer equipment or media, accessoriesfor covered products such as cables and chargers, batteriesfor use in a covered product.Exclusions: computers or TVs that are part of or attached tovehicles, marine vessels or commercial or industrialequipment, implanted medical devices.Producer [not tires or packaging] = (i) a person whomanufactures or sells, offers for sale, distributes or uses in acommercial enterprise the product in [BC] under themanufacturer’s own brand, (ii) *or+ a person who is not themanufacturer of the product but is the owner or licensee of atrademark under which a product is sold, distributed or usedin a commercial enterprise in [BC], whether or not thetrademark is registered, or(iii) … a person who imports the product into *BC+ for sale,distribution or use in a commercial enterprise.Producers pay an environmental handling fee on newregulated products, used to fund the environmentally soundend-of-life management.Canada - PrinceEdward IslandMaterials RecyclingRegulations, 2009Televisions, computers, monitors, printers, scanners, A/V,telephones, fax machines, cell phones.Exclusions: factory-installed devices developed for embeddeduse in motor vehicles.Annual fee. Brand owners must operate stewardship programfor recycling and disposal.Brand owner = (i) manufacturer of the electronic product, (ii)distributor of the electronic product in or into the province,(iii) owner or licensee of the intellectual property rights to theelectronic product, or (iv) where the electronic product isimported into the province, the first person to sell theelectronic product in or into the province.2 This table uses generic descriptions of covered productswithout considering definitions in the legislation
    6. 6. |Covered products2 Producer financing Recycling fee forconsumersCanada – QuebecRegulationrespecting therecovery andreclamation ofproducts byenterprises, 2011Computers, monitors, printers, scanners, faxmachines, photocopiers, cellular and satellitetelephones, wireless and conventional telephones,pagers and answering machines, keyboards,mouses, cables, connectors, chargers and remotecontrols for covered products, video game consolesand peripherals, audio visual equipment such asprojectors and amplifiers, small personalelectronics such as portable digital players, digitalphoto frames and digital cameras, small electronicIT products such as routers, earphones, USB keys,batteries, mercury lamps.Enterprises marketing new covered products undera brand, name or distinguishing guise must recoveror reclaim products of the same type deposited atdrop-off centres or collected.Canada -SaskatchewanWaste ElectronicEquipmentRegulations, 2005Desktop computers, notebook computers,computer monitors, mouses, keyboards, printers,televisions, audio visual equipment, vehicle audioand video systems, non-cellular telephones andanswering systems.First sellers are responsible for collection andrecycling; EHF charged per product.First seller = (i) is a manufacturer, distributor,owner or licensee of intellectual property rights inelectronic equipment that is sold, offered for saleor otherwise distributed into or in Saskatchewan;(ii) is a vendor of electronic equipment outside ofSaskatchewan and who, as an ordinary part of hisor her business, solicits and sells electronicequipment to consumers in Saskatchewan;(iii) imports electronic equipment intoSaskatchewan for resale in Saskatchewan;(iv) imports parts for electronic equipment intoSaskatchewan for assembly and resale inSaskatchewan; or(v) purchases electronic equipment outside ofSaskatchewan for use in Saskatchewan;2 This table uses generic descriptions of covered productswithout considering definitions in the legislation
    7. 7. |Covered products2 Producer financing Recycling fee forconsumersChinaRegulations onWaste Electricaland ElectronicEquipment, OrderNo. 551, 2008Televisions, refrigeration equipment, washingmachines, air conditioners and microcomputersContribution to State FundEuropean UnionDirective2012/19/EU onWEEE (recast)From 15 August 2018, all EEEExclusions: equipment necessary for protection ofnational security, equipment which is part ofanother type of equipment that is excluded fromscope which can only fulfil its function if it is part ofthat equipment, filament bulbs, equipmentdesigned to be sent into space, large-scalestationary industrial tools, large-scale fixedinstallations, transport for persons or goods, non-road mobile machinery for professional use,equipment designed solely for R&D and madeavailable B2B, infective medical devices and in vitromedical devices, and active implantable medicaldevices.Producers responsible for financing collection,treatment, recovery and environmentally sounddisposal of WEEE from their own products.Producer = natural or legal person, irrespective ofthe selling technique including distancecommunication who is:(i) established in a member state and manufacturesor has designed or manufactured EEE under hisown name or trademark(ii) established in a member state and resells,under his own name or trademark, equipmentproduced by other suppliers(iii) established in a member state and places EEEon the market from a third country or fromanother member state, on a professional basis(iv) sells EEE by distance communication into amember state, and is established in a memberstate or a third country.2 This table uses generic descriptions of covered productswithout considering definitions in the legislation
    8. 8. |Covered products2 Producer financing Recycling fee forconsumersIndiaE-waste(Management andHandling) Rules,2011Information technology and telecommunicationequipment (computers, printers, telephones etc.)and consumer electrical and electronics (TVs,refrigerators, washing machines, air conditioners)Exclusions: batteries, centralised air conditioningplantsProducers must finance and organise a system tomeet the costs involved in environmentally soundmanagement of e-waste from its own productsand historical waste as of the entry into force.Producer = any person, irrespective of the sellingtechnique used, who (i) manufactures and offersto sell EEE under his own brand, offers to sellunder his own brand assembled EEE produced byother manufacturers or suppliers, or offers to sellimported EEE.KoreaResourceRecycling ofElectrical andElectronicEquipment andVehicles, Act No.8405, 2007Televisions, refrigerators, washing machines, airconditioners, personal computers, personal audioequipment, mobile phones including chargers andbatteries, printers, copiers, fax machines.Manufacturers/importers must meet annualrecycling amounts and takeback like-for-likeproducts.JapanSpecificHouseholdAppliancesRecycling Law,1998Air conditioning equipment, clothes washers anddryers, refrigerators and freezers, televisions (CRT,LCD and plasma).Manufacturers or importers are responsible for therecycling, takeback and transportation of ewaste.Manufacturers maycharge retailers forrecycling of appliancesthey have collected.Retailers may chargecollection and recyclingfees to consumers.2 This table uses generic descriptions of covered productswithout considering definitions in the legislation
    9. 9. |Covered products2 Producer financing Recycling fee forconsumersPhilippinesCurrently no law,the followingrelates to thedraft Senate BillBill 246/2010Computers, peripherals, fax machines, DVDplayers, VCRs and video display devices (TV orcomputer monitors including laptop computersover 9 inches)Exclusions: video display devices that are: part of amotor vehicle, part of a larger piece of equipment,designed and intended for use in industrial,commercial etc. setting, part of monitoring andcontrol equipment, contained within an appliance;telephones.Payment of registration fee. Manufacturers mustrecycle or arrange for collection and recycling ofcovered electronic devices, quantity based onamount of display devices sold to householdsduring previous program yearTaiwanAnnouncement onResponsibility ofManufacturersand ImportersregardingRecycling,Clearance andDisposal ofArticles andContainers, 2003Televisions, washing machines, refrigerators, airconditioners and heaters, electric fans, computers.Manufacturers or importers are responsible forrecycling, clearance and disposal fees.USANo federallegislation, 25states haveenactedlegislationScope of most states’ laws is limited to computerequipment, monitors and televisions.Most states except California, usually includes anannual registration fee payable by theproducer/manufacturer.California: consumerspay electronic wasterecycling fee onpurchase of coveredproducts2 This table uses generic descriptions of covered productswithout considering definitions in the legislation
    10. 10. Need to stay up-today with e-waste legislation?Sign up now for a30-day free trialof our compliance knowledgemanagement system, C2P!www.complianceandrisks.com
    11. 11. |11your partner in global complianceDisclaimer: This presentation is provided to the reader by Compliance and Risks Limited ("C&R") for information only. All information provided by C&R and its contributingresearchers is provided for strategic and educational purposes only, and should not be construed as legal advice or counsel. The presentation is provided "as is". C&R makesno warranty, express, implied or otherwise regarding the accuracy or completeness of the Presentation. The reader is responsible for its use of the Presentation and agrees toexercise care and judgement before relying on the information included in the Presentation in any way.

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