Fabian Demicoli

Waste electrical and electronic equipment EU Directive (Recast) transposed to Maltese Law


The WEEE
Directive (Recast) has very recently been transposed into Maltese Law through
Legal Notice 204 of 2014.

The legislation has come into force as of 14th
February 2014 and subsequently also repeals Legal Notice 63 of 2007. The scope
of this producer responsibility Directive, is to enforce stricter targets of
collection, dismantling, treatment and final recycling of Waste Electrical and
Electronic Equipment (WEEE).
The
target recovery for 2014 and 2015 remains 4 kgs per capita but as from 2016
targets start increasing gradually from 42% of market placement in 2016 to 65%
by the year 2021. The Directive allows for self compliance to the legislation
but also allows compliance through a WEEE Compliance Scheme.

These
regulations bring into effect the provisions of Directive 2012/19/EC of the
European Parliament and of the Council of 4 July 2012 on waste electrical and
electronic equipment and repeal Directive 2002/96/EC of the European Parliament
and of the Council of 27 January 2003.

"Electrical
and electronic equipment" or "EEE" means equipment which is
dependent       on electric currents or
electromagnetic fields in order to work properly and equipment for the
generation, transfer and measurement of such currents and fields and designed
for use with a voltage rating not exceeding 1,000 Volts for alternating current
and 1,500 Volts for direct current.

The
categories of electrical and electronic equipment are outlined in the Schedules
included with the legislation. Producers are duty bound to register with the
Competent Authority and are then obliged to join a Compliance Scheme or self
comply to the legislation.  The Legal
Notice transposing the Directive specifies also specific guidelines to the
following regulations: Disposal and transportation of collected WEEE,
Collection rates, Permits, Shipments of WEEE, Recovery targets, Financing for
WEEE emanating from household and other sources, Registration, information and
reporting, Authorized representative, Agreements between Producers and WEEE
Compliance Schemes, Auditing, Inspection and Monitoring and Penalties for
offences.

It is
currently a known fact that a number of EEE 
products that are currently placed on the market are obliged to pay Eco
Contribution. A number of products outlined in the Schedules do not pay a
current Eco Contribution. Eco Contribution is a stumbling block to the
implementation of this complicated EU Directive.

In
addition data in hand also provides a demanding situation in relation to
meeting targets in 2016.

In 2006
NSO statistics show that around 12 ,000 tons of WEEE was placed on the market.
Green MT  is currently assessing last
years market placement. However data in hand shows that WEEE recovered by
Wasteserv in 2012 and 2013 was 2055 tons and 1632 tons respectively. In
addition it is to be noted that Category 1 pertaining to Large Household
Appliances constitutes 69% of total collections at Civic Amenity Sites,
Category 3 which includes IT and telecommunications equipment recovered in
these two years amounted to approximately 16 % 
and Category 4 which includes Consumer Equipment and PV panels recovered
amounted to 14% . Other categories fared insignificantly in respect to
collection. WEEE collected at a few WEEE facilities run by the private sector
is not as yet currently known.

Further
information in respect to this Legal Notice can be obtained by contacting Green
MT on 21496965/6 during office hours. Green MT is an Authorized Packaging and
Packaging Waste Scheme, a fully owned subsidiary of the GRTU Malta Chamber of
Small and Medium Enterprises.

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