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

estimating that 15 % of the WEEE stream is not being collected due to free-riders who
sell EEE but do not honour their take-back obligations.
The UNU report suggests specific options to enhance compliance with the policy:
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� Mandatory hand in of all separately collected WEEE at certified compliance
schemes, to reduce ‘cherry-picking’ of the better quality WEEE prior to reprocessing
and ensure proper treatment. The main disadvantages of this
approach are that WEEE re-use may suffer at the expense of increased
recycling, and that there will be increased enforcement burden on competent
bodies, with the need for validated input/output data from collection points.
Instead of a compensation payment for storage and collection efforts of the
producer, this approach may be reinforced if the producer were handed a
reimbursement or payment for handing over the WEEE.
� Changing the ‘take-back’ mechanism at retail shops so that instead of the oldfor-new
policy, consumers can hand in an old product at any retail shop that is
currently selling equipment in the same category, without having to purchase a
new product. This approach is already in place in Norway and Switzerland and
is applied on a voluntary basis in Denmark. A disadvantage to this approach
could be that certain retailers receive more than others, but this could be
compensated for by a reimbursement or volume-based payment. The use of a
reimbursement approach in Switzerland has led to greater take-back
increases from retailers than from municipality collection sites.
Examples of specific enforcement measures in particular countries are as follows:
� In Sweden, a fine may be imposed on anyone that fails to fulfil obligations of
the WEEE policy, including failure to label EEE items correctly and failure to
supply the required data regarding WEEE. Individuals that infringe the RoHS
legislation may also receive a fine or a term of imprisonment not exceeding
two years. Where the offence is more serious (particularly regarding RoHS) and
could have, or did cause damage, the individual will receive between 6 months
and 6 years imprisonment. Fines are calculated according to the nature of the
infringement, the means of the individual, and the seriousness of the incident.
Under the WEEE legislation, it is possible to impose an environmental fine
when an individual fails to register and still sells EEE products, or fails to
inform the Environmental Protection Agency of how the products are collected
and treated.
� Similar penalties also apply in Austria and Norway. In Austria, failure to comply
with the WEEE regulations generally leads to a fine (ranging from €360 to
€7,270), with a minimum fine of €1,800 where the individual in question is
professionally active in the area of waste management. Administrative fines
may also be applied if the individual fails to provide the necessary
documentation, data or has not registered. In Norway, non-compliance with
the WEEE and RoHS regulations is subject to fines under the terms of the
Product Control Act. Penalties associated with WEEE can include fines,
imprisonment for a term not exceeding three months, or both, unless more
stringent penalty provisions apply. Penalties for infringement of the RoHS will
only be applied if the infringement is shown to be wilful or the result of gross
negligence.
29/09/09