Extended producer responsibility in the EU: improving waste management systems
June 2, 2023
Extended producer responsibility (EPR) is policy approach that that requires producers of products to take responsibility for the environmental effects of their product. EPR is used to reduce waste, increase recycling and improve waste management systems.
EPR regulations require producers to take responsibility for the entire lifecycle of their products from production to disposal. Producers must be involved in design, manufacture, use and end-of-life management activities including collection, recycling and disposal services for their products.
While variations of EPR now have a worldwide presence, the European Union (EU) was the first to introduce and implement the legislative tool. The original EPR Directive, the Waste Electrical and Electronic Equipment (WEEE) Directive 2002/96/EC, was adopted in 2002. Since then, three additional directives have been added to the EU’s framework: the Restriction of Hazardous Substances (RoHS) Directive 2011/65/EU; the Packaging and Packaging Waste Directive 94/62/EC; and the Battery Directive 2006/66/EC.
The four directives together form a strong framework for EPR within the EU. Each directive focuses on specific materials or products and outlines requirements for producers in terms of design, take-back, recycling, and final disposal. These requirements are typically imposed through extended producer responsibility organizations that provide collections systems for end-of-life products and materials.
Packaging and Packaging Waste Directive
The EU Packaging and Packaging Waste Directive sets out the framework for extended producer responsibility in packaging. It requires producers to take responsibility for the collection and disposal of their packaging, as well as ensuring that recovery and recycling targets are met. Producers must also provide information to consumers on how to properly dispose of their packages.
Packaging is defined as the containment, protection, handling, delivery, or presentation of goods. Packaging waste is typically placed into three categories for reporting purposes:
Sales and primary packaging, which directly surrounds the product and is received by the consumer at the point of purchase;
Group and secondary packaging, which groups sales units together; and
Transport and tertiary packaging, which is used for the transportation of goods.
In addition to restrictions on the types and categories of packaging that producers may use, the EU has also developed guidance on how producers should meet their responsibility requirements under the directive. This includes:: product design guidelines; information sheets for consumers; definitions for reusable, recyclable and compostable packaging; as well as compliance schemes that companies may join to meet their obligations.
In late 2022, the European Commission (EC) released a draft proposal in late 2022 to repeal and replace the EU Packaging Waste Directive and replace it with the EU Packaging Regulation. It contains notable changes to the existing Packaging Directive, such as increased recycling targets and a ban on single-use plastics. The proposed directive is currently under review by the European Parliament and Council and is expected to be finalized in late 2023 or early 2024.
EU WEEE Directive
The EU Waste from Electrical and Electronic Equipment (WEEE) Directive was adopted in 2002 to regulate and reduce the amount of waste from electrical and electronic equipment (EEE). The directive requires manufacturers, retailers, importers, distributors and end-users to comply with certain requirements.
The directive applies to all EEE that is placed on the market within the EU, including products such as computers, televisions, refrigerators, washing machines and other household appliances. It also applies to non-household EEE such as medical devices, lighting equipment and entertainment electronics. Under the Directive, EEE is broadly defined as waste from battery- or electric-powered products. The most common categories for WEEE reporting are:
Temperature exchange equipment, such as refrigerators, freezers, and air conditioning units;
Screens, monitors, and equipment containing screens, with a surface area greater than 100cm², such as TVs, computer monitors, and laptops;
Lamps, such as fluorescent lamps and high-intensity discharge lamps;
Small equipment (no external dimension more than 50cm), such as toasters, vacuum cleaners, and smoke detectors;
Large equipment (any external dimension more than 50cm), such as washing machines, dishwashers, and gym equipment; and
Small IT and telecommunication equipment (no external dimension more than 50cm), such as mobile phones, GPS devices, and routers.
Under the EU WEEE Directive, a specific label must be displayed on any electrical or electronic equipment sold within the EU market. In addition to reporting requirements, the Directive requires producers to: take measures to reduce the environmental impact of their products; design for reuse or easy recycling; provide information about how to recycle their products; bear the cost of collection/take back schemes; as well as provide evidence that their products have been collected and recycled.
The WEEE Directive was revised in 2012, with the adoption of the WEEE 2 Directive (2012/19/EU). The updated directive increased collection and recycling targets for EEE placed on the EU market, as well as introducing reporting requirements for e-waste imports. Additionally, it also established a requirement for producers to share information regarding the hazardous substances contained in their products.
EU Battery Directive
The EU Battery Directive was first adopted in 2006 and was most recently revised in 2018. It requires producers of industrial, automotive and portable batteries to take responsibility for the collection, treatment, and recycling of their products at end-of-life. Additionally, producers must also ensure that they are compliant with hazardous substances restrictions established by the Directive.
The Battery Directive applies to all types of batteries used for a range of applications such as lighting, medical devices, power tools, vehicles (cars or motorbikes), laptops and consumer electronics. Under the directive’s provisions, producers must: provide information about how consumers can properly dispose of their batteries; implement systems for the collection and take back of used/waste batteries; bear the cost of these systems; as well as ensure that batteries are recycled in an environmentally-sound manner.
The Battery Directive also requires producers to provide information about the types of hazardous substances contained within their products. This includes lead, cadmium, mercury and certain other heavy metals. Additionally, producers must display a specific label on any battery products sold within the EU market.
Batteries (and accumulators) are categorized into three areas for reporting purposes:
Portable batteries, which are sealed and can be carried by hand;
Industrial batteries, which are designed exclusively for industrial or professional use or use in any type of electric vehicle; and
Automotive batteries, which are used for automotive starters, ignition power, or lighting.
Various battery features can be considered by authorities when implementing reporting categories, such as chemical composition, weight, and whether the battery is single-use or rechargeable.
Under the EU Battery Directive, all batteries placed on the market must include a label with the following information, including the chemical composition of the battery (e.g., lead acid, nickel cadmium), whether it is single-use or rechargeable and the the total charge capacity in watt hours per hour (wh/h).
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