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Update on WEEE, RoHS and
Energy Efficiency Initiatives in
Latin America and the Caribbean
Keith E. Ripley
Temas Actuales LLC
www.temasactuales.com
keith.ripley@verizon.net
17 May 2016
About Temas Actuales LLC
Temas was founded as a specialized
consultancy to
1. track and assess legislative, regulatory and
policy developments in Latin America and
the Caribbean – whether at the national,
sub-regional or regional level.
2. help clients adopt politically and socially
aware policies with regard to such
developments.
3. promote dialogue and cooperation
between the private and public sectors in
the region, with a view to forging alliances
to tackle common policy concerns.
For more information, visit
www.temasactuales.com
What’s Hot, What’s Just Simmering
• HOT:
• Bolivia: implementing rules for new waste law.
• Brazil: Conclusion & signature of national sectoral takeback agreement on WEEE;
implementing measures for SMA Resolution 45 in SP.
• Chile: implementation of EPR bill; introduction of energy efficiency bill.
• Colombia: proposal for WEEE implementing decree; bill on lead.
• Ecuador: RTE on energy efficiency for computers and peripherals.
• Other Regulatory Issues to Watch:
– Brazil: call for proposals for national take-back agreement on batteries; implementing
decrees for take-back provisions of laws in BA, DF, RJ, RS.
– Chile: MEPS proposals.
– Ecuador: regulations for WEEE categories other than cell phones.
– Mexico: Energy Transition Law implementing regulation; NOM proposal on external power
supply.
• Other Legislative Issues to Watch:
– WEEE proposals in Nicaragua, Panama, Uruguay.
– Mexico: environmental claims bill; Baja California WEEE bill.
WEEE Initiatives in LAC
 Measures addressing WEEE being imple-
mented in Brazil; Chile; Colombia; Costa Rica;
Ecuador; Mexico; Peru; 6 Argentine provinces;
many Brazilian states (depends on how you
count them).
 WEEE regulatory proposal may finally emerge
in 2016 in Venezuela.
 Bills addressing WEEE pending in Argentina,
Nicaragua, Panama, Uruguay, 3 Argentine provinces.
WEEE – Argentina - National
Background Environment to be Aware of: New President Macri was
active on environmental issues (esp. waste, WEEE, batteries, climate,
energy efficiency) while CABA Mayor; one of his first acts was to
elevate SAyDS to Ministry status. However, his political opponents
have Congress majority.
Current Status: Despite 10 yrs. of debate, no national law yet. 3 bills
active. Federal Environment Council (COFEMA) continues discussing
submitting a consensus bill to Congress.
 Bill S-3421/15 would require producers to:
 constitute, organize, manage and finance individual or collective WEEE management
systems;
 Submit system plans to Environment Ministry for evaluation and approval;
 Mark their EEE with crossed-out wheelie bin symbol.
 Bill 0775-D-2015: companies would have to create at least 1 WEEE reception
center in each town of 5,000 in habitants or more.
 Bill 0703-D-16 is a copy of a previously unsuccessful bill (9042-D-2014).
WEEE – Argentina – Provinces
More Provinces Moving to Act
Legend
Red = existing WEEE laws directly
affecting producers, importers and/or
distributors
Pink = WEEE bills that would directly affect
producers, importers and/or distributors
Dark Green = existing WEEE laws with no
discernable impact on producers, importers
and/or distributors
Light Green = WEEE bills with no
discernable impact on producers, importers
and/or distributors
WEEE – Argentina – Provinces (2)
Current Status: WEEE laws in 5 provinces + CABA, but only 2
(PBA, Chaco) affect producers/importers directly. Most pre-2016
WEEE bills in provinces that might have affected producers/
importers were archived; exceptions are in Cordoba and Salta.
 Most existing provincial laws make WEEE collection a provincial responsibility
and/or are of “digital divide” type – promote refurbishing of old EEE for sale or
donation to improve access to computers.
 Key provisions of 2011 Province of Buenos Aires (PBA) law vetoed by
governor, and implementing rules never issued.
 Not all implementing rules for Dec. 2013 Chaco law issued yet.
 While technically still alive, Cordoba bill has been inactive for 3 years.
 Salta bill passed by lower chamber in Nov. 2014 and still pending in provincial
senate would require “providers” to take back EEE at their establishments or
pay a tax to fund state program to do.
 Bill just introduced in Buenos Aires Province is a copy of a bill that has failed
before.
WEEE – Coverage under
Bolivia’s New Waste Law?
 New waste law adopted 28 Oct. 2015 contains EPR and packaging
provisions which may affect producers/distributors.
 EPR provision requiring producers or distributors of designated
products to:
 develop deposit/return mechanisms or other mechanisms for the recovery
and valorization of wastes from their products, assuming the corresponding
costs;
 establish agreements or covenants with municipal governments to improve
collection systems and integrated management of wastes.
 Law calls for this provision to initially apply to a few categories,
including batteries and piles.
 HOWEVER, as written Law does not exclude Executive Branch from
adding products to targeted implementation, and in its draft bill
submitted to the Congress, they included WEEE. Officials hint
WEEE may be added back in.
 Implementing decree was supposed to be issued by 25 April, but not
yet emerged.
WEEE - Brazil – National
Background Environment to be Aware of: Impeachment trial of President Rousseff
playing havok with the legislative calendar. Unclear yet how appointment by interim
President of Sarney Filho as Environment Minister (a position he served in previously)
may affect regulatory implementation of the Waste Law.
Issue Status: National waste law (12.305/2010) requires take-back of EEE, lamps, batteries
by agreement or regulation. Lamp sectoral agreement began implementation in 2015. WEEE
sectoral agreement near signing. New movement in Congress toward a separate WEEE law.
 Call for proposals for sectoral agreements on “reverse logistics” (take-back) issued for
electro-electronics and for lamps (fluorescent, sodium & mercury vapor, mixed light).
Batteries will come later, since they are already covered to some extent by CONAMA
Resolution 401/2008.
 Under Waste Law, if sectoral agreement not approved, take-back will be by term of
commitment (few actors and/or limited scope) agreement and/or regulation. Sectoral
agreements not fully national in scope can be considered “floor, not ceiling” – cities, states
can impose additional terms.
 Lamp agreement signed 27 Nov. 2014, now under implementation.
 Agreement on electro-electronics expected to be announced and signed “very soon” now
that the formal creation of a third party take-back management organization for WEEE,
“Green Electron,” announced on 20 April 2016.
WEEE - Brazil – National (2)
Congress getting impatient?
 WEEE bill PL 2045/2011 revived in Nov. 2015 by
Chamber of Deputies Environment Committee
voting for a substitute text and 4 linked bills on
WEEE and batteries.
 Among other things, substitute text would:
broaden scope; add distributors to responsible
parties; add language on how collection and rates
would be calculated; delete EEE from the take-
back provision of national waste law.
 Bill now under review by Justice Committee.
WEEE – Brazil – States
A Confusing Mosaic
States with Broad WEEE Laws States with Computer Waste
Laws
States with Reverse Logistics
Waste Law Covering EEE
States with Broad
Waste Law Authority
State Waste Laws with
EPR Provisions Targeting
Electro-Electronics
WEEE – Brazil – States (2)
Current Status: CE, RO, SE waste laws have EPR provisions on electronics; MA, MS,
MT, PB, PE & PR have computer waste laws; AC, AM, ES & SP have broader WEEE
laws. AL, BA, MG, RJ, RS have waste laws with take-back articles covering WEEE.
Recent developments:
 Alagoas: Oct. 2015 waste law calls for take-back of categories in national waste law.
 Amazonas: SP-style WEEE law promulgated on 27 March 2015. General waste policy bill
just sent to state assembly would create take-back obligation for all categories covered by
national waste law.
 Bahia: draft implementing decree offered for public comment in Dec. 2015 for 2014 waste
law with take-back articles affecting EEE, batteries and packaging.
 Ceará: bill modelled on SP WEEE law close to plenary vote.
 Federal District: Nov. 2014 waste law calls for WEEE take-back either through regulation or
negotiated sectoral agreement. No implementing measure yet.
 Maranhão: Waste bill introduced Sept. 2015 would impose take back on EEE, batteries.
 Rio de Janeiro: June 2014 law added a chapter to waste law on take-back including
batteries & EEE. On 22 April 2015 state assembly overrode governor’s line-item veto to
require take-back systems to include discount on new products when returning old ones.
No implementing measure yet.
 Rio Grande do Sul replaced its waste law in April 2014 with one with take-back articles
affecting EEE, batteries and packaging. No implementing measure yet.
WEEE – Brazil – States (3)
Current Status: On 23 June 2015 São Paulo State’s Environment Secretariat
(SMA) Resolution 45 mandated take-back agreements for 9 product categories,
including electro-electronic products and their components, certain lamps and
batteries.
 Requires manufacturers, importers, distributors and merchants to set up and
implement take-back systems.
 To be accomplished through “term of commitment” agreements (TCs) between
SMA/environment agency CETESB and sectoral associations, groups of companies
or third-party organization representing sector. CETESB to issue guidelines for TC
contents and targets.
 In Dec. 2015 SMA/CETESB signed 3 of the new-style TCs (automotive filters,
vegetable oils, pesticide packaging); their common denominator is tougher targets.
 Companies not participating in a sectoral TC for their products must also implement
take-back and meet targets set by CETESB that are proportional to the targets set for
TC participants.
 State Waste Committee to draw up a proposal restricting the sale of products by
companies based in other Brazilian states that are not party to a TC or take-back
system approved by São Paulo State.
WEEE - Chile
Current Status: Extended Producer Responsibility (EPR) bill sent 13 May
2016 to President Bachelet for signature includes EEE, batteries. Draft of
implementing decree expected by end-2016.
General EPR obligations would be:
 enroll in a special registry through Pollutant Release & Transfer Registry (RETC);
 organize and finance the collection of their end-of-life (EOL) products under
authorized “management system.” Such systems would have to be proposed
through Management Plans and approved by the Ministry of Environment (MMA).
MMA could restrict choice of compliance system if deemed necessary to prevent
market distortions.
 comply with recovery/valorization targets and “associated obligations” (labeling,
transparency requirements, deposit/return system, etc.) to be specified in
implementing legislation;
 ensure that the collected wastes are treated by authorized waste managers;
 “limitations on hazardous substances in products” (essentially RoHS);
 Eco-design.
WEEE - Colombia
Current Status: 2010 computer and battery waste regulations in
force until replaced; draft implementing decree just proposed for
2013 WEEE law.
 Resolution 1512/2010 on management of computers and
peripherals (incl. printers) implementation continues.
 Must submit plans, meet collection targets (which increase 5% p.a. until 50%
reached), report on implementation annually by 31 March. Also, 30% of
computers/peripherals collected annually must be refurbished for reuse in
educational and cultural centers.
 Resolution 1297/2010 on management of waste batteries
implementation continues. Includes both primary and rechargeable
batteries (including Li ion).
 Must submit plans, meet collection targets (which increase 4% p.a. until 2016,
then 5% p.a. until 45% reached), report on implementation annually by 31 March.
 Under proposed WEEE Law implementing decree (see next slide),
these will remain in force until Ministry proposes replacements in
line with the decree.
WEEE - Colombia (2)
Law 1672 adopted 19 July 2013. Under the Law, producers must:
 Create, administer and finance WEEE collection and management system;
 Accept the return of WEEE by final users, with no cost to them;
 Inform when the equipment contains components or substances harmful to health or
the environment;
 Reduce or substitute harmful components or materials.
On 31 March 2016 the Ministry issued for public consultation its proposed
implementing decree. The decree would:
 cover all EEE produced, sold or consumed in Colombia, except any granted a specific
exemption by the Ministry. The Ministry would issue a separate resolution classifying
WEEE for purposes of implementation [expected to follow EU Directive annexes];
 require producers, individually or collectively, to submit to the National Environmental
Licensing Authority (ANLA) management plans that observe minimum management
standards and achieve targets set by the Ministry.
 Require all EEE to be marked to indicate that it is subject to take-back (references in
an earlier draft a specific symbol – the crossed-out wheelie bin – is absent from this
draft).
WEEE - Costa Rica
Current Status: 2010 Decree to be implemented using general provisions
for special wastes in Special Waste Decree (38272-S) published 24 March
2014.
 According to Decree 38272-S, producers/importers of all covered special wastes,
including those under Electronic Waste Decree (35933-S), were to form or join a
registered Compliance Unit (CU) by 24 September 2014. The registered CU must
submit a waste plan, file annual compliance reports, ensure collected special wastes
are managed in strict compliance with legislation in force, and guarantee
management targets are met.
 Until Decree 35933-S is amended (as Health Ministry
said in past it will do), EEE products affected are those
listed in 35933-S.
 Most EEE multinationals use the Association of
Businesses for the Integrated Management of Electronic
Wastes (ASEGIRE) as their CU.
WEEE - Ecuador
Current Status: WEEE Policy Framework adopted, awaiting category-
specific regulations. Battery waste regulation also adopted.
 WEEE: On 31 Jan. 2013 Environment Ministry (MAE) adopts Ministerial
Accord (AM) 190, providing guiding principles, policy axes, general
guidelines, key terms and definitions. AM 191 adopted at same time
with specific rules for cell phones. AM’s providing specific rules for other
EEE categories expected.
 Batteries: On 29 April 2013 MAE published AM 22 on waste piles.
Covers HgO, NiCd, NiMH, NiFe, Li ion chemistries. Doesn’t cover those
piles which can’t be separated from cellular phone and electronic
equipment. Manufacturers/importers must:
 Register with MAE’s Registry of Generators of Hazardous Waste;
 Present a 5-yr waste management plan;
 Report annually on certain implementation data;
 Include specified warning label on covered piles;
 Achieve 5% collection end of first year, rising 5% per year thereafter until 85%
achieved. 100% collection required for Galapagos.
Mexico - WEEE
Current Status: binding NOM-161-SEMARNAT-2011 in force since 30
July 2013 requires filing waste plans for certain batteries and WEEE;
attempts at standalone WEEE bills fail in National Congress; electronic
waste bill introduced in Baja California state (BC).
 NOM-161 defines "technological wastes" subject to Waste Law's requirement to
submit waste management plans to cover, inter alia: computers; LCD and
plasma displays; portable AV players; cables for electronics; printers; copiers;
multifunctionals.
 As amended in Nov. 2014, NOM-161 designates piles containing Li, Ni, Hg, Cd,
Mn, Pb, Zn and "any other element" "in levels not considered as hazardous
waste" by corresponding NOM, to be "special management waste“ subject to
waste plan requirement.
 Bill on “electronic wastes” introduced 05 Nov. 2015 in BC legislature. Would
amend the state's waste law to:
 add a broad definition of “electronic wastes”;
 authorize the Executive Branch to expedite state environmental norms to regulate the
integrated management of electronic wastes;
 spell out specific minimum contents for management plans regarding electronic wastes.
WEEE - Peru
Current Status: 2012 WEEE Regulation supplemented by August 2015
regulation.
 Supreme Decree 001-2012-MINAM of 27 June 2012 required IT,
telecom and consumer electronics to submit WEEE management plans
by 27 June 2013.
 Supreme Decree 200-2015-MINAM of 11 August 2015 requires:
 the 8 other WEEE categories must submit a plan to the Production Ministry by 11
August 2016;
 all plans for IT, telecom equipment and consumer electronics must adopt a 4%
annual management rate in their first year of implementation, rising 3% per year
through the 5h year (i.e., up to 16%), with existing plans for these categories
required to have been updated by 11 Feb. 2016) to reflect these targets;
 calculating annual targets using an average of the weight imported/manufactured
over the prior three years, plus a 10% packaging “correction factor.”
 annual legal declarations (essentially implementation reports) must be filed in first
15 working days of each year.
 Plans to tighten definition of “producer” dropped for now.
WEEE - Venezuela
Current Status: Relevant implementing instruments not yet issued.
 Waste Law took effect 30 March 2011.
 Law’s chapter on bulky and technological wastes covers
household appliances and mechanical, electronic and
automotive equipment “including their batteries.”
 Law’s technical regulations, to be issued by National Council on
Integrated Management of Wastes chaired by Environment
Ministry, have not yet been issued covering this chapter.
 WEEE Working Group created in spring 2013 to formulate
integrated management plan for WEEE and a legal norm that
regulates the involvement of manufacturers and marketers in the
IT sector.
 Meanwhile, government creating a series of WEEE collection
points, starting with major metropolitan areas, and collection
campaigns, focused initially on batteries and cell phones.
WEEE - Other
Nicaragua: Waste bill now pending final approval in National
Assembly has article calling for WEEE regulation.
Panama: Bill on WEEE introduced on 01 Feb. 2016. Would cover
household appliances and electronic equipment and devices,
including their power sources, chargers and batteries. Would
require distributors/merchants of "low density" appliances and
electronic equipment/devices, including all batteries, cell phones
and tablets, to provide collection centers for EOL equipment. "High
density" WEEE would have to follow a collection/disposal protocol to
be set by a multi-stakeholder committee.
Uruguay: Bill introduced in August 2015 would require EEE
producers, their representatives and distributors to enter a special
national registry. Distributors/marketers must receive WEEE without
cost to the client obtaining a new equipment or product. The
Executive Branch would be in charge of the final disposition of
collected WEEE.
RoHS Initiatives in LAC
Several Argentine federal/provincial WEEE measures/
proposals include provisions calling for reducing original RoHS 6
(only a matter of time before proposals add DEHP, BBP, DBP
and DIBP to list).
Brazilian voluntary technical standard ABNT IECQ 080000:2010
may be made mandatory by reference in laws/regulations. INMETRO’s
quadrennial work plan calls for a mandatory regulation on RoHS.
New Chilean EPR law includes RoHS as EPR obligation.
Colombia’s WEEE law calls for producers to reduce or substitute
harmful components or materials – may be used as basis for RoHS implementing
measure. Draft award criteria for Colombia’s voluntary ecolabel call for RoHS
compliance.
Ecuador’s AM 190 (WEEE policy framework) signals intent to block
equipment containing persistent organic pollutants (POPs) (PFOS, DBEs, pentaBDE,
octaBDE).
Other LAC Initiatives Related
to RoHS
 Mercury Law in Colombia: Passed in 2013. Draft implementing decree
proposed in July 2015 would restrict imports of certain mercury-containing
batteries, vehicle switches, rectifiers, thermometers.
 Mercury-Containing Products Bill in Argentina: Passed Senate in Dec.
2014, pending in Chamber of Deputies. Would ban all manufacture, import
and marketing of instruments, components, equipment and health and
medical devices containing mercury.
 Lead Bill in Colombia: Bill 148-15 on lead in products and processes
approved by Senate on 03 Dec. 2015, sent to Chamber of Deputies. Would,
inter alia: set maximum lead content limits for “technological articles” in
which lead is “indispensable”; require informing Environment Ministry of
storage, transit and destination of all lead-containing products marketed in
Colombia; require labeling of all lead-containing processed products to
indicate the lead content of the product.
 More to Come on Mercury: 20 LAC nations signed, 7 have ratified,
Minamata Convention. In addition to product-specific restrictions called for
by Convention, LAC countries considering further Hg restrictions.
LAC Energy Efficiency Initiatives
 EE laws or regulations in place in Argentina,
Brazil, Colombia, Costa Rica, Cuba, Mexico,
Panama, Peru, Uruguay, Venezuela. EE laws have been
drafted in Chile, El Salvador, Honduras, Guatemala, Paraguay.
 Mandatory EE labeling rules for specific products
in Argentina, Brazil, Chile, Colombia, Costa Rica, Cuba,
Ecuador, Honduras, Guatemala, Mexico, Nicaragua, Uruguay,
Venezuela. Labeling rules forthcoming in Peru, in process in
Panama.
 Org. of Eastern Caribbean States (OECS) adopting common
EE labeling rules. Rest of CARICOM considering following suit.
 SICA Efficient Lighting Strategy commits 7 Central American
nations + Dominican Republic to EE rules for lighting.
 Breadth, depth & pace of EE action likely to increase significantly
because of funding & technical assistance by major donors.
Energy Efficiency - Argentina
 SCIyM Resolution 319/99 created mandatory energy labeling
program.
 Decree 140/2007 created wide-ranging Program for Rational and
Efficient Energy Use (PRONUREE), which banned incandescents,
required efficient public lighting, required EE plans for government
offices, industry, revived labeling program.
 6 technical regulations setting mandatory EE labels: TVs in active &
standby modes; clothes washers; fluorescents for general lighting;
incandescent bulbs; air conditioners; refrigerators/freezers.
 Voluntary EE technical standards agreed by Argentine
Standardization & Certification Institute (IRAM): measuring power in
standby; ballasts for fluorescent lamps; building heating systems;
water heaters; centrifugal pumps; tri-phase induction motors. These
standards expected to eventually be made mandatory.
Current Status: Law allows setting mandatory levels; INMETRO has
aggressive EE certification/labeling regulation
program.
 Law 10.295/2001 and Decree 4.059 allow government
to set mandatory energy consumption or efficiency levels.
Levels have been set for several appliances, motors,
CFLs. INMETRO currently tightening efficiency levels for
air conditioning, ovens, refrigerators.
 INMETRO recent certification/labeling rulemaking
focused more on lighting, buildings, vehicles.
 INMETRO Portaria 170/2012 set voluntary certification
standards for IT, including EE standards & test methods
for desktops & portable computers. If INMETRO holds to
pattern, it will propose making these standards and
certification mandatory.
Energy Efficiency - Brazil
Current Status: Aggressive EE
labeling program continues, now
MEPS program being phased in,
starting with lighting.
 Recent Electricity Superintendency
(SEC) Resolutions set EE certification/
labeling rules for dozens of products
(see box):
 MEPS rules initiated on lighting in
2014; proposed on tri-phase motors in
Oct. 2015.
 Inter-ministerial committee drafting
proposal for Law on Energy Efficiency
President will forward to Congress in 2016.
Energy Efficiency - Chile
Energy Efficiency – Colombia
Current Status: After years of inaction, Colombia moved on public lighting in 2009 and
now turning to EE certification and labeling for priority products.
 Law 697/2001 on Rational and Efficient Energy Use (URE) created legal framework.
 Ministry of Mines & Energy (MinMinas) issued on 18 Sept. 2015 a technical regulation on
EE certification/ labeling (RETIQ).
 RETIQ sets general principles and provides general definitions to be applicable to all products to be
required to be certified and labeled for energy consumption/energy efficiency.
 Specific definitions and rules also provided for each product category covered by initial product
scope of RETIQ: electromagnetic and electronic lighting ballasts; air conditioners; refrigerators and
freezers; clothes washers; water heaters; single phase and tri-phasic induction motors; gas cooking
appliances.
 MinMinas proposed in Dec. 2015 and again in April 2016 draft resolution to amend, add to
and clarify portions of RETIQ to clarify provisions on testing, certification and labeling;
including new proposed labels that would be affixed to products warning consumers that
the product in question either was produced prior to the RETIQ Regulation taking effect, or
its conformity with RETIQ standards could not be certified.
 Future specific RETIQ additions under consideration: TVs; computers; fans; electric
showerheads.
Energy Efficiency - Ecuador
Current Status: Aggressive program of EE technical regulations continues,
along with import restrictions based on efficiency.
 In recent years Ecuadorian National Standards Institute (INEN) and Industry &
Productivity Ministry have adopted flurry of technical regulations (RTEs) on EE for
TVs & monitors, CFLs, dishwashers, fans, clothes washers & dryers, household
refrigeration, electric ovens, microwave ovens, AC, power distribution transformers.
 Voluntary EE technical norms on buildings, stationary electric motors, solar water
heaters, induction stoves, automotive refrigeration systems, expected to be turned
into mandatory regulations.
 COMEX (Customs) regulations:
 Banned imports of residential incandescent bulbs as of Jan. 2010;
 Zero out tariffs for CFLs and most efficient T5 & T8 tubes;
 Restricts imports of refrigeration devices;
 Restricts all but "A' category air conditioners
 INEN proposed 07 Oct. 2015 RTE 128 on conformity assessment for safety and
energy efficiency of computers & peripherals – products would have to comply with
IEC 60950-1 standard and Energy Star. Final version pending.
Current Status: aggressive NOM program on setting EE
certification/labeling standards continues, with next
slated be on external power supplies (EPS); LASE
energy consumption labeling provisions to continue
under new Energy Transition Law (LTE).
 CONUEE 2016 work program approved 24 Nov. 2015 calls for new
NOM proposals on EPS & solar water heaters, and updates of 8
existing NOMs regarding: household refrigerators & freezers; room
air conditioners; split air conditioners; clothes washers; general use
lamps; LED lamps; LED luminaires; tri-phase induction motors.
 LTE replaces Law on Sustainable Energy Use (LASE), but CONUEE
retains its task to manage a catalogue of equipment and devices that
must provide information on, and label their products regarding, their
energy consumption. The LTE provisions on this subject include some
of the LASE reform proposals suggested by CONUEE in 2014, namely:
 coverage of products marketed (not necessarily those distributed) in Mexico;
 allowance for the energy consumption information to be made on packaging
instead of the product;
 exemption for those products already covered by energy efficiency NOMs.
Energy Efficiency - Mexico
 CONUEE circulated for comment in autumn 2015 draft NOM-
029-ENER-2015 on external power supplies. Consultations and
workshops have been held since Nov. Plan is to issue formal
proposal sometime during 2016 after taking into account
feedback.
 Draft NOM would set the minimum energy efficiency values in
operation, the maximum electrical power in no-load mode, test
methods for evaluation, and specification of the minimum
information for marking.
 As drafted, efficiency levels would be required at V (just as rest
of the world goes to VI) and testing would have to be done at an
accredited national laboratory.
 Proposed marking:
Energy Efficiency - Mexico (2)
Energy Efficiency - Peru
Current Status: 2000 rational energy use law largely unimplemented until energy
efficiency certification/labeling program launched in 2013. First set of draft
regulations released March 2015.
 In April 2014 consumer protection authority, INDECOPI, issued a binding resolution on
“General Guidelines for the Labeling, Packaging and Advertising in Compliance with the Law
on the Promotion of Efficient Use of Energy.”
 12 March 2015 Energy & Mines Ministry (MEM) published for public consultation 9 draft
product-specific certification/labeling technical regulations, on: tri-phase motors; AC; clothes
washers and dryers; lamps; fluorescent lamp ballasts; household water heaters; boilers;
refrigerators. Finalized versions expected to be issued by this summer.
 This is just the first batch of labeling regulations; MEM plans more once these are in place.
 MEM indicates it plans to start proposing MEPS regulations for some of these products
during 2016.
 On 11 February 2016 the President issued Supreme Decree 004-2016-EM, requiring public
entities and companies, when they have to acquire or replace tri-phase induction motors, AC,
refrigeration equipment, household clothes washers & tumble dryers, lamps, fluorescent
lamp ballasts or water heaters, to purchase the most efficient device available in the
marketplace. MEM is to issue a Ministerial Resolution within one year outlining guidelines for
such purchases, including how to identify the most efficient equipment.
Energy Efficiency - Uruguay
Current Status: New national plan seeks to put new into slow
implementation of the 2009 Law.
 Efficient Energy Use Law and its implementing decree adopted in 2009,
along with mandatory EE technical regulations on electric water heaters,
CFLs. Refrigerators technical regulation adopted in 2010.
 In 2012 public administrations were required to only procure the most
efficient equipment subject to the labeling program.
 2015-2024 National Energy Efficiency Plan adopted in August 2015 calls
for:
 a standard and label on standby power.
 further labeling regulations for: office equipment; televisions; LED lamps; household
electric clothes washers; electric clothes dryers (drum type); gas water heaters (tank);
wall-mounted tankless water heaters; gas cookstoves; wood stoves.
 MEPS for energy-consuming devices.
 installation of energy efficient public lighting.
Current Status: 2011 law being implemented through
technical regulations on MEP, labeling, certification.
Law on Rational and Efficient Use of Energy signed
on 19 December 2011.
MEP/labeling technical regulations have been
adopted on air conditioners, household refrigerators/
freezers, CFLs, LEDs and electric water heaters.
Clothes washers and electric pumps expected next.
Electricity Ministry reportedly intends to eventually
issue technical regulations for all energy-consuming
equipment covered by other regimes in Latin
America.
Energy Efficiency - Venezuela
Energy Efficiency – Other Country
Initiatives
Bolivia: Supreme Decree 29466 adopted in 2008 created National Energy
Efficiency Program (PNEE), which called for, inter alia, an EE law and
regulatory program and norms setting EE standards for equipment, along
with a conformity certification system. Neither has emerged yet.
Costa Rica: 1996 implementing regulation of 1994 Rational Energy Use
(URE) Law set EE standards & labeling requirements for air conditioners,
refrigerators & freezers, electric motors, lamp ballasts, water heaters,
electric stoves & ovens, fluorescent lamps, automobiles. Environment
Ministry proposed in 2013 exempting from tariffs LEDs, fluorescents, air
conditioner filters, and high-efficiency air conditioners, refrigerators &
freezers.
Cuba: 2009 regulation set EE technical requisites & labeling requirements
for importation & sale of "principal equipment of final electricity use" -
refrigerators, clothes washers, air conditioners, fans, CFLs, clothes irons,
coffee makers, pressure cookers, rice cookers, microwave ovens.
Energy Efficiency – Other Country
Initiatives (2)
El Salvador: obligatory EE technical norms adopted in 2009 for household &
commercial refrigeration equipment, & integrated CFLs. Administration to submit draft
EE law to National Assembly.
Guatemala: draft EE law submitted to Congress in Oct. 2012.
Nicaragua: obligatory EE technical norms adopted in 2008 for self-ballasted CFLs,
incandescents, air conditioners & heat pumps, household & commercial refrigeration
equipment, and tri-phase induction motors.
Panama: EE law adopted 12 Oct. 2012, implementing decree 19 June 2013.
Technical regulations on minimum performance, certification & labeling supposed to
begin in 2013, with initial focus on lighting, refrigeration & AC, but is behind schedule.
Paraguay: National EE Committee created in 2011. National EE plan released in
2015. A general and 6 product-specific voluntary labeling norms on: AC; self-
contained refrigeration; fluorescent lamps; electric tankless water heaters; table, wall,
pedestal fans; ceiling fans. Bill for Rational & Efficient Energy Use (URE) law sent to
Congress.
Thank You!

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WEEE, RoHS and Energy Efficiency in Latin America 2016

  • 1. Update on WEEE, RoHS and Energy Efficiency Initiatives in Latin America and the Caribbean Keith E. Ripley Temas Actuales LLC www.temasactuales.com keith.ripley@verizon.net 17 May 2016
  • 2. About Temas Actuales LLC Temas was founded as a specialized consultancy to 1. track and assess legislative, regulatory and policy developments in Latin America and the Caribbean – whether at the national, sub-regional or regional level. 2. help clients adopt politically and socially aware policies with regard to such developments. 3. promote dialogue and cooperation between the private and public sectors in the region, with a view to forging alliances to tackle common policy concerns. For more information, visit www.temasactuales.com
  • 3. What’s Hot, What’s Just Simmering • HOT: • Bolivia: implementing rules for new waste law. • Brazil: Conclusion & signature of national sectoral takeback agreement on WEEE; implementing measures for SMA Resolution 45 in SP. • Chile: implementation of EPR bill; introduction of energy efficiency bill. • Colombia: proposal for WEEE implementing decree; bill on lead. • Ecuador: RTE on energy efficiency for computers and peripherals. • Other Regulatory Issues to Watch: – Brazil: call for proposals for national take-back agreement on batteries; implementing decrees for take-back provisions of laws in BA, DF, RJ, RS. – Chile: MEPS proposals. – Ecuador: regulations for WEEE categories other than cell phones. – Mexico: Energy Transition Law implementing regulation; NOM proposal on external power supply. • Other Legislative Issues to Watch: – WEEE proposals in Nicaragua, Panama, Uruguay. – Mexico: environmental claims bill; Baja California WEEE bill.
  • 4. WEEE Initiatives in LAC  Measures addressing WEEE being imple- mented in Brazil; Chile; Colombia; Costa Rica; Ecuador; Mexico; Peru; 6 Argentine provinces; many Brazilian states (depends on how you count them).  WEEE regulatory proposal may finally emerge in 2016 in Venezuela.  Bills addressing WEEE pending in Argentina, Nicaragua, Panama, Uruguay, 3 Argentine provinces.
  • 5. WEEE – Argentina - National Background Environment to be Aware of: New President Macri was active on environmental issues (esp. waste, WEEE, batteries, climate, energy efficiency) while CABA Mayor; one of his first acts was to elevate SAyDS to Ministry status. However, his political opponents have Congress majority. Current Status: Despite 10 yrs. of debate, no national law yet. 3 bills active. Federal Environment Council (COFEMA) continues discussing submitting a consensus bill to Congress.  Bill S-3421/15 would require producers to:  constitute, organize, manage and finance individual or collective WEEE management systems;  Submit system plans to Environment Ministry for evaluation and approval;  Mark their EEE with crossed-out wheelie bin symbol.  Bill 0775-D-2015: companies would have to create at least 1 WEEE reception center in each town of 5,000 in habitants or more.  Bill 0703-D-16 is a copy of a previously unsuccessful bill (9042-D-2014).
  • 6. WEEE – Argentina – Provinces More Provinces Moving to Act Legend Red = existing WEEE laws directly affecting producers, importers and/or distributors Pink = WEEE bills that would directly affect producers, importers and/or distributors Dark Green = existing WEEE laws with no discernable impact on producers, importers and/or distributors Light Green = WEEE bills with no discernable impact on producers, importers and/or distributors
  • 7. WEEE – Argentina – Provinces (2) Current Status: WEEE laws in 5 provinces + CABA, but only 2 (PBA, Chaco) affect producers/importers directly. Most pre-2016 WEEE bills in provinces that might have affected producers/ importers were archived; exceptions are in Cordoba and Salta.  Most existing provincial laws make WEEE collection a provincial responsibility and/or are of “digital divide” type – promote refurbishing of old EEE for sale or donation to improve access to computers.  Key provisions of 2011 Province of Buenos Aires (PBA) law vetoed by governor, and implementing rules never issued.  Not all implementing rules for Dec. 2013 Chaco law issued yet.  While technically still alive, Cordoba bill has been inactive for 3 years.  Salta bill passed by lower chamber in Nov. 2014 and still pending in provincial senate would require “providers” to take back EEE at their establishments or pay a tax to fund state program to do.  Bill just introduced in Buenos Aires Province is a copy of a bill that has failed before.
  • 8. WEEE – Coverage under Bolivia’s New Waste Law?  New waste law adopted 28 Oct. 2015 contains EPR and packaging provisions which may affect producers/distributors.  EPR provision requiring producers or distributors of designated products to:  develop deposit/return mechanisms or other mechanisms for the recovery and valorization of wastes from their products, assuming the corresponding costs;  establish agreements or covenants with municipal governments to improve collection systems and integrated management of wastes.  Law calls for this provision to initially apply to a few categories, including batteries and piles.  HOWEVER, as written Law does not exclude Executive Branch from adding products to targeted implementation, and in its draft bill submitted to the Congress, they included WEEE. Officials hint WEEE may be added back in.  Implementing decree was supposed to be issued by 25 April, but not yet emerged.
  • 9. WEEE - Brazil – National Background Environment to be Aware of: Impeachment trial of President Rousseff playing havok with the legislative calendar. Unclear yet how appointment by interim President of Sarney Filho as Environment Minister (a position he served in previously) may affect regulatory implementation of the Waste Law. Issue Status: National waste law (12.305/2010) requires take-back of EEE, lamps, batteries by agreement or regulation. Lamp sectoral agreement began implementation in 2015. WEEE sectoral agreement near signing. New movement in Congress toward a separate WEEE law.  Call for proposals for sectoral agreements on “reverse logistics” (take-back) issued for electro-electronics and for lamps (fluorescent, sodium & mercury vapor, mixed light). Batteries will come later, since they are already covered to some extent by CONAMA Resolution 401/2008.  Under Waste Law, if sectoral agreement not approved, take-back will be by term of commitment (few actors and/or limited scope) agreement and/or regulation. Sectoral agreements not fully national in scope can be considered “floor, not ceiling” – cities, states can impose additional terms.  Lamp agreement signed 27 Nov. 2014, now under implementation.  Agreement on electro-electronics expected to be announced and signed “very soon” now that the formal creation of a third party take-back management organization for WEEE, “Green Electron,” announced on 20 April 2016.
  • 10. WEEE - Brazil – National (2) Congress getting impatient?  WEEE bill PL 2045/2011 revived in Nov. 2015 by Chamber of Deputies Environment Committee voting for a substitute text and 4 linked bills on WEEE and batteries.  Among other things, substitute text would: broaden scope; add distributors to responsible parties; add language on how collection and rates would be calculated; delete EEE from the take- back provision of national waste law.  Bill now under review by Justice Committee.
  • 11. WEEE – Brazil – States A Confusing Mosaic States with Broad WEEE Laws States with Computer Waste Laws States with Reverse Logistics Waste Law Covering EEE States with Broad Waste Law Authority State Waste Laws with EPR Provisions Targeting Electro-Electronics
  • 12. WEEE – Brazil – States (2) Current Status: CE, RO, SE waste laws have EPR provisions on electronics; MA, MS, MT, PB, PE & PR have computer waste laws; AC, AM, ES & SP have broader WEEE laws. AL, BA, MG, RJ, RS have waste laws with take-back articles covering WEEE. Recent developments:  Alagoas: Oct. 2015 waste law calls for take-back of categories in national waste law.  Amazonas: SP-style WEEE law promulgated on 27 March 2015. General waste policy bill just sent to state assembly would create take-back obligation for all categories covered by national waste law.  Bahia: draft implementing decree offered for public comment in Dec. 2015 for 2014 waste law with take-back articles affecting EEE, batteries and packaging.  Ceará: bill modelled on SP WEEE law close to plenary vote.  Federal District: Nov. 2014 waste law calls for WEEE take-back either through regulation or negotiated sectoral agreement. No implementing measure yet.  Maranhão: Waste bill introduced Sept. 2015 would impose take back on EEE, batteries.  Rio de Janeiro: June 2014 law added a chapter to waste law on take-back including batteries & EEE. On 22 April 2015 state assembly overrode governor’s line-item veto to require take-back systems to include discount on new products when returning old ones. No implementing measure yet.  Rio Grande do Sul replaced its waste law in April 2014 with one with take-back articles affecting EEE, batteries and packaging. No implementing measure yet.
  • 13. WEEE – Brazil – States (3) Current Status: On 23 June 2015 São Paulo State’s Environment Secretariat (SMA) Resolution 45 mandated take-back agreements for 9 product categories, including electro-electronic products and their components, certain lamps and batteries.  Requires manufacturers, importers, distributors and merchants to set up and implement take-back systems.  To be accomplished through “term of commitment” agreements (TCs) between SMA/environment agency CETESB and sectoral associations, groups of companies or third-party organization representing sector. CETESB to issue guidelines for TC contents and targets.  In Dec. 2015 SMA/CETESB signed 3 of the new-style TCs (automotive filters, vegetable oils, pesticide packaging); their common denominator is tougher targets.  Companies not participating in a sectoral TC for their products must also implement take-back and meet targets set by CETESB that are proportional to the targets set for TC participants.  State Waste Committee to draw up a proposal restricting the sale of products by companies based in other Brazilian states that are not party to a TC or take-back system approved by São Paulo State.
  • 14. WEEE - Chile Current Status: Extended Producer Responsibility (EPR) bill sent 13 May 2016 to President Bachelet for signature includes EEE, batteries. Draft of implementing decree expected by end-2016. General EPR obligations would be:  enroll in a special registry through Pollutant Release & Transfer Registry (RETC);  organize and finance the collection of their end-of-life (EOL) products under authorized “management system.” Such systems would have to be proposed through Management Plans and approved by the Ministry of Environment (MMA). MMA could restrict choice of compliance system if deemed necessary to prevent market distortions.  comply with recovery/valorization targets and “associated obligations” (labeling, transparency requirements, deposit/return system, etc.) to be specified in implementing legislation;  ensure that the collected wastes are treated by authorized waste managers;  “limitations on hazardous substances in products” (essentially RoHS);  Eco-design.
  • 15. WEEE - Colombia Current Status: 2010 computer and battery waste regulations in force until replaced; draft implementing decree just proposed for 2013 WEEE law.  Resolution 1512/2010 on management of computers and peripherals (incl. printers) implementation continues.  Must submit plans, meet collection targets (which increase 5% p.a. until 50% reached), report on implementation annually by 31 March. Also, 30% of computers/peripherals collected annually must be refurbished for reuse in educational and cultural centers.  Resolution 1297/2010 on management of waste batteries implementation continues. Includes both primary and rechargeable batteries (including Li ion).  Must submit plans, meet collection targets (which increase 4% p.a. until 2016, then 5% p.a. until 45% reached), report on implementation annually by 31 March.  Under proposed WEEE Law implementing decree (see next slide), these will remain in force until Ministry proposes replacements in line with the decree.
  • 16. WEEE - Colombia (2) Law 1672 adopted 19 July 2013. Under the Law, producers must:  Create, administer and finance WEEE collection and management system;  Accept the return of WEEE by final users, with no cost to them;  Inform when the equipment contains components or substances harmful to health or the environment;  Reduce or substitute harmful components or materials. On 31 March 2016 the Ministry issued for public consultation its proposed implementing decree. The decree would:  cover all EEE produced, sold or consumed in Colombia, except any granted a specific exemption by the Ministry. The Ministry would issue a separate resolution classifying WEEE for purposes of implementation [expected to follow EU Directive annexes];  require producers, individually or collectively, to submit to the National Environmental Licensing Authority (ANLA) management plans that observe minimum management standards and achieve targets set by the Ministry.  Require all EEE to be marked to indicate that it is subject to take-back (references in an earlier draft a specific symbol – the crossed-out wheelie bin – is absent from this draft).
  • 17. WEEE - Costa Rica Current Status: 2010 Decree to be implemented using general provisions for special wastes in Special Waste Decree (38272-S) published 24 March 2014.  According to Decree 38272-S, producers/importers of all covered special wastes, including those under Electronic Waste Decree (35933-S), were to form or join a registered Compliance Unit (CU) by 24 September 2014. The registered CU must submit a waste plan, file annual compliance reports, ensure collected special wastes are managed in strict compliance with legislation in force, and guarantee management targets are met.  Until Decree 35933-S is amended (as Health Ministry said in past it will do), EEE products affected are those listed in 35933-S.  Most EEE multinationals use the Association of Businesses for the Integrated Management of Electronic Wastes (ASEGIRE) as their CU.
  • 18. WEEE - Ecuador Current Status: WEEE Policy Framework adopted, awaiting category- specific regulations. Battery waste regulation also adopted.  WEEE: On 31 Jan. 2013 Environment Ministry (MAE) adopts Ministerial Accord (AM) 190, providing guiding principles, policy axes, general guidelines, key terms and definitions. AM 191 adopted at same time with specific rules for cell phones. AM’s providing specific rules for other EEE categories expected.  Batteries: On 29 April 2013 MAE published AM 22 on waste piles. Covers HgO, NiCd, NiMH, NiFe, Li ion chemistries. Doesn’t cover those piles which can’t be separated from cellular phone and electronic equipment. Manufacturers/importers must:  Register with MAE’s Registry of Generators of Hazardous Waste;  Present a 5-yr waste management plan;  Report annually on certain implementation data;  Include specified warning label on covered piles;  Achieve 5% collection end of first year, rising 5% per year thereafter until 85% achieved. 100% collection required for Galapagos.
  • 19. Mexico - WEEE Current Status: binding NOM-161-SEMARNAT-2011 in force since 30 July 2013 requires filing waste plans for certain batteries and WEEE; attempts at standalone WEEE bills fail in National Congress; electronic waste bill introduced in Baja California state (BC).  NOM-161 defines "technological wastes" subject to Waste Law's requirement to submit waste management plans to cover, inter alia: computers; LCD and plasma displays; portable AV players; cables for electronics; printers; copiers; multifunctionals.  As amended in Nov. 2014, NOM-161 designates piles containing Li, Ni, Hg, Cd, Mn, Pb, Zn and "any other element" "in levels not considered as hazardous waste" by corresponding NOM, to be "special management waste“ subject to waste plan requirement.  Bill on “electronic wastes” introduced 05 Nov. 2015 in BC legislature. Would amend the state's waste law to:  add a broad definition of “electronic wastes”;  authorize the Executive Branch to expedite state environmental norms to regulate the integrated management of electronic wastes;  spell out specific minimum contents for management plans regarding electronic wastes.
  • 20. WEEE - Peru Current Status: 2012 WEEE Regulation supplemented by August 2015 regulation.  Supreme Decree 001-2012-MINAM of 27 June 2012 required IT, telecom and consumer electronics to submit WEEE management plans by 27 June 2013.  Supreme Decree 200-2015-MINAM of 11 August 2015 requires:  the 8 other WEEE categories must submit a plan to the Production Ministry by 11 August 2016;  all plans for IT, telecom equipment and consumer electronics must adopt a 4% annual management rate in their first year of implementation, rising 3% per year through the 5h year (i.e., up to 16%), with existing plans for these categories required to have been updated by 11 Feb. 2016) to reflect these targets;  calculating annual targets using an average of the weight imported/manufactured over the prior three years, plus a 10% packaging “correction factor.”  annual legal declarations (essentially implementation reports) must be filed in first 15 working days of each year.  Plans to tighten definition of “producer” dropped for now.
  • 21. WEEE - Venezuela Current Status: Relevant implementing instruments not yet issued.  Waste Law took effect 30 March 2011.  Law’s chapter on bulky and technological wastes covers household appliances and mechanical, electronic and automotive equipment “including their batteries.”  Law’s technical regulations, to be issued by National Council on Integrated Management of Wastes chaired by Environment Ministry, have not yet been issued covering this chapter.  WEEE Working Group created in spring 2013 to formulate integrated management plan for WEEE and a legal norm that regulates the involvement of manufacturers and marketers in the IT sector.  Meanwhile, government creating a series of WEEE collection points, starting with major metropolitan areas, and collection campaigns, focused initially on batteries and cell phones.
  • 22. WEEE - Other Nicaragua: Waste bill now pending final approval in National Assembly has article calling for WEEE regulation. Panama: Bill on WEEE introduced on 01 Feb. 2016. Would cover household appliances and electronic equipment and devices, including their power sources, chargers and batteries. Would require distributors/merchants of "low density" appliances and electronic equipment/devices, including all batteries, cell phones and tablets, to provide collection centers for EOL equipment. "High density" WEEE would have to follow a collection/disposal protocol to be set by a multi-stakeholder committee. Uruguay: Bill introduced in August 2015 would require EEE producers, their representatives and distributors to enter a special national registry. Distributors/marketers must receive WEEE without cost to the client obtaining a new equipment or product. The Executive Branch would be in charge of the final disposition of collected WEEE.
  • 23. RoHS Initiatives in LAC Several Argentine federal/provincial WEEE measures/ proposals include provisions calling for reducing original RoHS 6 (only a matter of time before proposals add DEHP, BBP, DBP and DIBP to list). Brazilian voluntary technical standard ABNT IECQ 080000:2010 may be made mandatory by reference in laws/regulations. INMETRO’s quadrennial work plan calls for a mandatory regulation on RoHS. New Chilean EPR law includes RoHS as EPR obligation. Colombia’s WEEE law calls for producers to reduce or substitute harmful components or materials – may be used as basis for RoHS implementing measure. Draft award criteria for Colombia’s voluntary ecolabel call for RoHS compliance. Ecuador’s AM 190 (WEEE policy framework) signals intent to block equipment containing persistent organic pollutants (POPs) (PFOS, DBEs, pentaBDE, octaBDE).
  • 24. Other LAC Initiatives Related to RoHS  Mercury Law in Colombia: Passed in 2013. Draft implementing decree proposed in July 2015 would restrict imports of certain mercury-containing batteries, vehicle switches, rectifiers, thermometers.  Mercury-Containing Products Bill in Argentina: Passed Senate in Dec. 2014, pending in Chamber of Deputies. Would ban all manufacture, import and marketing of instruments, components, equipment and health and medical devices containing mercury.  Lead Bill in Colombia: Bill 148-15 on lead in products and processes approved by Senate on 03 Dec. 2015, sent to Chamber of Deputies. Would, inter alia: set maximum lead content limits for “technological articles” in which lead is “indispensable”; require informing Environment Ministry of storage, transit and destination of all lead-containing products marketed in Colombia; require labeling of all lead-containing processed products to indicate the lead content of the product.  More to Come on Mercury: 20 LAC nations signed, 7 have ratified, Minamata Convention. In addition to product-specific restrictions called for by Convention, LAC countries considering further Hg restrictions.
  • 25. LAC Energy Efficiency Initiatives  EE laws or regulations in place in Argentina, Brazil, Colombia, Costa Rica, Cuba, Mexico, Panama, Peru, Uruguay, Venezuela. EE laws have been drafted in Chile, El Salvador, Honduras, Guatemala, Paraguay.  Mandatory EE labeling rules for specific products in Argentina, Brazil, Chile, Colombia, Costa Rica, Cuba, Ecuador, Honduras, Guatemala, Mexico, Nicaragua, Uruguay, Venezuela. Labeling rules forthcoming in Peru, in process in Panama.  Org. of Eastern Caribbean States (OECS) adopting common EE labeling rules. Rest of CARICOM considering following suit.  SICA Efficient Lighting Strategy commits 7 Central American nations + Dominican Republic to EE rules for lighting.  Breadth, depth & pace of EE action likely to increase significantly because of funding & technical assistance by major donors.
  • 26. Energy Efficiency - Argentina  SCIyM Resolution 319/99 created mandatory energy labeling program.  Decree 140/2007 created wide-ranging Program for Rational and Efficient Energy Use (PRONUREE), which banned incandescents, required efficient public lighting, required EE plans for government offices, industry, revived labeling program.  6 technical regulations setting mandatory EE labels: TVs in active & standby modes; clothes washers; fluorescents for general lighting; incandescent bulbs; air conditioners; refrigerators/freezers.  Voluntary EE technical standards agreed by Argentine Standardization & Certification Institute (IRAM): measuring power in standby; ballasts for fluorescent lamps; building heating systems; water heaters; centrifugal pumps; tri-phase induction motors. These standards expected to eventually be made mandatory.
  • 27. Current Status: Law allows setting mandatory levels; INMETRO has aggressive EE certification/labeling regulation program.  Law 10.295/2001 and Decree 4.059 allow government to set mandatory energy consumption or efficiency levels. Levels have been set for several appliances, motors, CFLs. INMETRO currently tightening efficiency levels for air conditioning, ovens, refrigerators.  INMETRO recent certification/labeling rulemaking focused more on lighting, buildings, vehicles.  INMETRO Portaria 170/2012 set voluntary certification standards for IT, including EE standards & test methods for desktops & portable computers. If INMETRO holds to pattern, it will propose making these standards and certification mandatory. Energy Efficiency - Brazil
  • 28. Current Status: Aggressive EE labeling program continues, now MEPS program being phased in, starting with lighting.  Recent Electricity Superintendency (SEC) Resolutions set EE certification/ labeling rules for dozens of products (see box):  MEPS rules initiated on lighting in 2014; proposed on tri-phase motors in Oct. 2015.  Inter-ministerial committee drafting proposal for Law on Energy Efficiency President will forward to Congress in 2016. Energy Efficiency - Chile
  • 29. Energy Efficiency – Colombia Current Status: After years of inaction, Colombia moved on public lighting in 2009 and now turning to EE certification and labeling for priority products.  Law 697/2001 on Rational and Efficient Energy Use (URE) created legal framework.  Ministry of Mines & Energy (MinMinas) issued on 18 Sept. 2015 a technical regulation on EE certification/ labeling (RETIQ).  RETIQ sets general principles and provides general definitions to be applicable to all products to be required to be certified and labeled for energy consumption/energy efficiency.  Specific definitions and rules also provided for each product category covered by initial product scope of RETIQ: electromagnetic and electronic lighting ballasts; air conditioners; refrigerators and freezers; clothes washers; water heaters; single phase and tri-phasic induction motors; gas cooking appliances.  MinMinas proposed in Dec. 2015 and again in April 2016 draft resolution to amend, add to and clarify portions of RETIQ to clarify provisions on testing, certification and labeling; including new proposed labels that would be affixed to products warning consumers that the product in question either was produced prior to the RETIQ Regulation taking effect, or its conformity with RETIQ standards could not be certified.  Future specific RETIQ additions under consideration: TVs; computers; fans; electric showerheads.
  • 30. Energy Efficiency - Ecuador Current Status: Aggressive program of EE technical regulations continues, along with import restrictions based on efficiency.  In recent years Ecuadorian National Standards Institute (INEN) and Industry & Productivity Ministry have adopted flurry of technical regulations (RTEs) on EE for TVs & monitors, CFLs, dishwashers, fans, clothes washers & dryers, household refrigeration, electric ovens, microwave ovens, AC, power distribution transformers.  Voluntary EE technical norms on buildings, stationary electric motors, solar water heaters, induction stoves, automotive refrigeration systems, expected to be turned into mandatory regulations.  COMEX (Customs) regulations:  Banned imports of residential incandescent bulbs as of Jan. 2010;  Zero out tariffs for CFLs and most efficient T5 & T8 tubes;  Restricts imports of refrigeration devices;  Restricts all but "A' category air conditioners  INEN proposed 07 Oct. 2015 RTE 128 on conformity assessment for safety and energy efficiency of computers & peripherals – products would have to comply with IEC 60950-1 standard and Energy Star. Final version pending.
  • 31. Current Status: aggressive NOM program on setting EE certification/labeling standards continues, with next slated be on external power supplies (EPS); LASE energy consumption labeling provisions to continue under new Energy Transition Law (LTE).  CONUEE 2016 work program approved 24 Nov. 2015 calls for new NOM proposals on EPS & solar water heaters, and updates of 8 existing NOMs regarding: household refrigerators & freezers; room air conditioners; split air conditioners; clothes washers; general use lamps; LED lamps; LED luminaires; tri-phase induction motors.  LTE replaces Law on Sustainable Energy Use (LASE), but CONUEE retains its task to manage a catalogue of equipment and devices that must provide information on, and label their products regarding, their energy consumption. The LTE provisions on this subject include some of the LASE reform proposals suggested by CONUEE in 2014, namely:  coverage of products marketed (not necessarily those distributed) in Mexico;  allowance for the energy consumption information to be made on packaging instead of the product;  exemption for those products already covered by energy efficiency NOMs. Energy Efficiency - Mexico
  • 32.  CONUEE circulated for comment in autumn 2015 draft NOM- 029-ENER-2015 on external power supplies. Consultations and workshops have been held since Nov. Plan is to issue formal proposal sometime during 2016 after taking into account feedback.  Draft NOM would set the minimum energy efficiency values in operation, the maximum electrical power in no-load mode, test methods for evaluation, and specification of the minimum information for marking.  As drafted, efficiency levels would be required at V (just as rest of the world goes to VI) and testing would have to be done at an accredited national laboratory.  Proposed marking: Energy Efficiency - Mexico (2)
  • 33. Energy Efficiency - Peru Current Status: 2000 rational energy use law largely unimplemented until energy efficiency certification/labeling program launched in 2013. First set of draft regulations released March 2015.  In April 2014 consumer protection authority, INDECOPI, issued a binding resolution on “General Guidelines for the Labeling, Packaging and Advertising in Compliance with the Law on the Promotion of Efficient Use of Energy.”  12 March 2015 Energy & Mines Ministry (MEM) published for public consultation 9 draft product-specific certification/labeling technical regulations, on: tri-phase motors; AC; clothes washers and dryers; lamps; fluorescent lamp ballasts; household water heaters; boilers; refrigerators. Finalized versions expected to be issued by this summer.  This is just the first batch of labeling regulations; MEM plans more once these are in place.  MEM indicates it plans to start proposing MEPS regulations for some of these products during 2016.  On 11 February 2016 the President issued Supreme Decree 004-2016-EM, requiring public entities and companies, when they have to acquire or replace tri-phase induction motors, AC, refrigeration equipment, household clothes washers & tumble dryers, lamps, fluorescent lamp ballasts or water heaters, to purchase the most efficient device available in the marketplace. MEM is to issue a Ministerial Resolution within one year outlining guidelines for such purchases, including how to identify the most efficient equipment.
  • 34. Energy Efficiency - Uruguay Current Status: New national plan seeks to put new into slow implementation of the 2009 Law.  Efficient Energy Use Law and its implementing decree adopted in 2009, along with mandatory EE technical regulations on electric water heaters, CFLs. Refrigerators technical regulation adopted in 2010.  In 2012 public administrations were required to only procure the most efficient equipment subject to the labeling program.  2015-2024 National Energy Efficiency Plan adopted in August 2015 calls for:  a standard and label on standby power.  further labeling regulations for: office equipment; televisions; LED lamps; household electric clothes washers; electric clothes dryers (drum type); gas water heaters (tank); wall-mounted tankless water heaters; gas cookstoves; wood stoves.  MEPS for energy-consuming devices.  installation of energy efficient public lighting.
  • 35. Current Status: 2011 law being implemented through technical regulations on MEP, labeling, certification. Law on Rational and Efficient Use of Energy signed on 19 December 2011. MEP/labeling technical regulations have been adopted on air conditioners, household refrigerators/ freezers, CFLs, LEDs and electric water heaters. Clothes washers and electric pumps expected next. Electricity Ministry reportedly intends to eventually issue technical regulations for all energy-consuming equipment covered by other regimes in Latin America. Energy Efficiency - Venezuela
  • 36. Energy Efficiency – Other Country Initiatives Bolivia: Supreme Decree 29466 adopted in 2008 created National Energy Efficiency Program (PNEE), which called for, inter alia, an EE law and regulatory program and norms setting EE standards for equipment, along with a conformity certification system. Neither has emerged yet. Costa Rica: 1996 implementing regulation of 1994 Rational Energy Use (URE) Law set EE standards & labeling requirements for air conditioners, refrigerators & freezers, electric motors, lamp ballasts, water heaters, electric stoves & ovens, fluorescent lamps, automobiles. Environment Ministry proposed in 2013 exempting from tariffs LEDs, fluorescents, air conditioner filters, and high-efficiency air conditioners, refrigerators & freezers. Cuba: 2009 regulation set EE technical requisites & labeling requirements for importation & sale of "principal equipment of final electricity use" - refrigerators, clothes washers, air conditioners, fans, CFLs, clothes irons, coffee makers, pressure cookers, rice cookers, microwave ovens.
  • 37. Energy Efficiency – Other Country Initiatives (2) El Salvador: obligatory EE technical norms adopted in 2009 for household & commercial refrigeration equipment, & integrated CFLs. Administration to submit draft EE law to National Assembly. Guatemala: draft EE law submitted to Congress in Oct. 2012. Nicaragua: obligatory EE technical norms adopted in 2008 for self-ballasted CFLs, incandescents, air conditioners & heat pumps, household & commercial refrigeration equipment, and tri-phase induction motors. Panama: EE law adopted 12 Oct. 2012, implementing decree 19 June 2013. Technical regulations on minimum performance, certification & labeling supposed to begin in 2013, with initial focus on lighting, refrigeration & AC, but is behind schedule. Paraguay: National EE Committee created in 2011. National EE plan released in 2015. A general and 6 product-specific voluntary labeling norms on: AC; self- contained refrigeration; fluorescent lamps; electric tankless water heaters; table, wall, pedestal fans; ceiling fans. Bill for Rational & Efficient Energy Use (URE) law sent to Congress.