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International Review of Waste Management Policy - Department of ...

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383<br />

� The financial structures associated with the WEEE regulations also vary<br />

according to country. Although producers are financially responsible for “at<br />

least” the collection <strong>of</strong> household WEEE from collection-point onwards, this<br />

leaves room for extended responsibility to draw upon municipalities,<br />

distributors or producers to finance the remaining set-up and running costs <strong>of</strong><br />

the household WEEE collection systems. The producer is responsible for these<br />

extended costs in Bulgaria, Cyprus, Spain, Finland, Greece, Hungary, Lithuania,<br />

Latvia, and Sweden, with Germany and Denmark assigning these costs to the<br />

municipality and Poland placing these costs on the distributor. Thus the<br />

municipalities <strong>of</strong> Germany and Denmark appear to take a larger portion <strong>of</strong> the<br />

overall responsibility for the delivery <strong>of</strong> WEEE policy than other MS;<br />

� There are two key categories <strong>of</strong> household WEEE for which producers are<br />

financially responsible: historical WEEE and new WEEE, with the former placed<br />

on the market prior to, and the latter after, 13 th August 2005. Considering that<br />

producers could not influence the design <strong>of</strong> products placed on the market<br />

before the Directive came into force, producers are assigned collective<br />

responsibility for historical WEEE, calculated according to their current market<br />

share. For new WEEE, the producer must bear individual financial<br />

responsibility and, since it cannot be assumed that all producers on the<br />

market today will remain on the market when their products are collected as<br />

WEEE, they must also provide a financial guarantee to ensure that these costs<br />

do not fall on other producers in the future. In countries such as Finland,<br />

Germany and the UK, financial responsibility for new WEEE is made through<br />

contributing to a collective pot, with payments calculated according to their<br />

current market share. This system usually provides sufficient financial<br />

guarantee should the company cease trading. In countries such as Belgium<br />

and the Netherlands, the producer pays specifically for the collection and<br />

treatment <strong>of</strong> their own returned WEEE. In this instance, some form <strong>of</strong> financial<br />

guarantee is required (such as recycling insurance or blocked bank accounts)<br />

to account for the possibility that the company ceases trading in future; 427 and<br />

� In all countries, the producer is financially responsible for B2B WEEE placed on<br />

the market after 13 th August 2005. However, the producer may conclude<br />

contracts with end-users which stipulate other financing methods for B2B<br />

WEEE. Regarding historical B2B WEEE, the end-user is financially responsible<br />

in Germany, France and the Netherlands. In all other countries in the EU, the<br />

producer is financially responsible where any historical B2B is being<br />

exchanged for new EEE products on a like-for-like basis; the end-user is only<br />

financially responsible when they do not wish to replace the historical WEEE<br />

with a new like-for-like product.<br />

427 WEEE Forum, Guidance Document, [Accessed 8 th October 2008], available at http://www.weeeforum.org/doc/WEEE_Forum_Guidance_for_Compliance_En.pdf<br />

<strong>International</strong> <strong>Review</strong> <strong>of</strong> <strong>Waste</strong> <strong>Policy</strong>: Annexes

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