Zakonodavstvo – Oro https://oro.hr Održivi razvoj okoliša Thu, 21 Dec 2023 08:13:48 +0000 en-US hourly 1 https://wordpress.org/?v=6.3.3 https://oro.hr/wp-content/uploads/2020/02/cropped-icon-32x32.png Zakonodavstvo – Oro https://oro.hr 32 32 New Ordinances – Current legal EPR obligations of producers in Croatia https://oro.hr/zakonodavstvo/new-ordinances-current-legal-epr-obligations-of-producers-in-croatia/ Wed, 20 Dec 2023 14:18:54 +0000 https://oro.hr/?p=2072 Two new Ordinances came into force in Croatia, Ordinance on the management of special categories of waste in the Fund system (OG 124/23) and Ordinance on packaging and waste packaging, single-use plastic products and fishing gear containing plastic (OG 137/23).

Ordinance on the management of special categories of waste in the Fund system (OG 124/23)

It contains procedures and conditions for managing waste EE equipment, waste vehicles, waste batteries and accumulators, waste tires and waste oils, under one place.

It is important to define that the producer means producer of products that are placed on the market in the Republic of Croatia, regardless of the sales method, using remote communication, that sells EE equipment, B&A (portable B&A as stand-alone products) directly to households or non-household users in the Republic of Croatia, and has its business headquarters in another EU member state or a third country. But the obligation to authorize an authorized representative in the Republic of Croatia have only those that sell directly to a natural person, to a citizen (household or B2C). Others can fulfil their obligations by themselves, but they can also be supported in actions when help is needed.

The news is that it is defined also that a network (internet) platform that doesn’t have its business headquarters on the territory of the Republic of Croatia, is considered a producer and, relying on the above, must authorize an authorized representative in the Republic of Croatia.

Producer with business seat outside Croatia = an AR in Croatia

Ordinance on packaging and waste packaging, single-use plastic products and fishing gear containing plastic (OG 137/23)

Provisions apply to all packaging placed on the market and to all waste packaging, regardless of the material used.

The principle is the same… Producer of packaged products that has business headquarters in another EU member state or a third country and sells directly to a natural person, to a citizen (household or B2C) is obliged to authorize, in writing, an authorized representative in the Republic of Croatia. Also applies to a network (internet) platform that doesn’t have its business headquarters on the territory of the Republic of Croatia.

Producer with business seat outside Croatia = an AR in Croatia

Producers have an obligation to register and submit data to the Register of producers with extended responsibility. Management fee is calculated based on that data and paid monthly for the amount of products that the producer put on the market in the territory of the Republic of Croatia in the previous month. In order to implement the obligation, the producer (its authorized representative) is obliged to calculate and pay the management fee to the account of the Fund.

The obligations of the AR are unchanged and they include fulfilling the EPR obligations of the producer or the platform in accordance with the Ordinance, communication with the Fund, management fee, monitoring the Register of producers with extended responsibility.

Until now, registration and reporting of data for packaging and batteries and accumulators took place quarterly, and the new thing is that it will be reported monthly, as was the case with EE equipment so far.

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Reducing problems for consumers and solving the problem of e-waste https://oro.hr/zakonodavstvo/eu-zakonodavstvo/reducing-problems-for-consumers-and-solving-the-problem-of-e-waste/ Wed, 20 Sep 2023 06:15:05 +0000 https://oro.hr/?p=2039 Agreement on a common charger and better information and choice for consumers

Consumers will soon be able to use one charger for all their portable electronic devices in the EU. USB Type-C will become a common charging port by autumn 2024, Parliament and Council negotiators agreed in June 2022. The law establishing a single solution for charging certain electronic devices is part of the EU’s wider efforts to make products in the EU more sustainable, to reduce electronic waste and to make life easier for consumers. You can watch the press conference here.

According to the new rules, consumers will no longer need different charging devices and cables if they buy a new product and will be able to use one charger for their electronic devices. Regardless of producer, all mobile phones, tablets, e-readers, earbuds, digital cameras, handheld video game consoles, and portable speakers that charge via a wired cable will need to have a USB Type-C port. The charging speed is also harmonized, allowing consumers to charge their devices at the same speed with any compatible charger. Laptops will also have to conform to the requirements for up to 40 months after the entry into force.

  • One charger for frequently used small and medium portable electronic devices
  • Charging speed adjusted for devices that support fast charging
  • Consumers can choose whether they want to buy a new device with or without a charger

Clear information about the charging characteristics of new devices will be made available to consumers, making it easier to check the compatibility of their existing chargers.

The new obligations will lead to greater reuse and consumer savings of 250 million euros per year on purchases of unnecessary chargers. In addition, it is estimated that discarded and unused chargers represent 11,000 tons of e-waste per year!

https://oro.hr/wp-content/uploads/2023/09/A-common-charger-for-electronic-devices-June-2022-2.pdf

Almost half of the waste electrical and electronic equipment (WEEE) in Europe is not properly collected and recycled

The WEEE Directive requires member states to collect 85% of all WEEE produced. Public data on WEEE is not always available, but there is good data on officially collected and recycled WEEE which is documented by Member States when they report on their progress towards the WEEE Directive targets. WEEE collection and recycling targets based only on reported e-waste streams ignore the huge recovery potential of valuable materials such as cobalt, gold and copper, in undeclared streams. For this reason, policy makers, compliance and recycling programs need reliable figures to effectively manage this waste.

However, little is known about the flow of undeclared WEEE through society, whether it is recycled, disposed of or exported. Much WEEE flies under the radar as consumers often dispose of it in household waste or it is mixed into mixed metal waste streams where it is recycled, but not under WEEE compliant conditions. In addition, large amounts of WEEE are disposed of by being scrapped for parts before being officially collected or exported abroad, both legally and illegally.

EU research results suggest that 30 countries (all current member states, Norway, Switzerland and the UK) discarded approximately 9.7 million tonnes of WEEE, both declared and undeclared, in 2018. Slightly more than half, 5 Mt, was reported by member states.

Of the undeclared WEEE, it was estimated that 12% (1.12 Mt) was recycled under non-compliant conditions as part of mixed metal waste. A further 7% (0.64 Mt) was extracted for valuable components, 6% (0.6 Mt) was disposed of as household waste, and 3% (0.29 Mt) was legally exported. The remaining 21% (2.09 Mt) is missing and could be illegally exported.

Why are changes important? The amount of WEEE in Europe is growing and will continue to grow

In 2019, 12 Mt of WEEE was produced in the EU, which corresponds to 16.2 kg per person. Consumers should be given more incentives to recycle their old products. In addition to monetary benefits, they should be offered information about product sustainability to encourage product reuse and repair. This will achieve sustainable thinking, changes in purchasing and the adoption of the principles and practices of the circular economy. It is very effective to design products that are easier to recycle.

As wireless charging technology becomes more and more prevalent, the European Commission will be authorized to develop delegated acts on the interoperability of charging solutions. In addition, legal frameworks need to be strengthened to prevent illegal exports and investments in recycling technologies are needed. Accordingly, the emphasis is on designing and evaluating effective WEEE management measures.

Source: https://www.europarl.europa.eu/news/en/press-room/20220603IPR32196/deal-on-common-charger-reducing-hassle-for-consumers-and-curbing-e-waste ; https://environment.ec.europa.eu/news/improved-weee-data-give-better-picture-collection-and-recycling-rates-2022-12-07_en

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Directive on waste from electrical and electronic equipment (WEEE) https://oro.hr/zakonodavstvo/eu-zakonodavstvo/directive-on-waste-from-electrical-and-electronic-equipment-weee/ Fri, 15 Sep 2023 07:40:22 +0000 https://oro.hr/?p=2033 The European Commission advises citizens and participants on the Waste Electrical and Electronic Equipment (WEEE) Directive

Waste Electrical and Electronic Equipment (WEEE) legislation was first adopted in 2002 to prevent or reduce adverse impacts on the environment and human health in the EU. The Commission has since evaluated and revised the Directive in 2012.

The first legislation on WEEE, Directive 2002/96/EC, was adopted in 2002, and ten years later the revised and reformed WEEE Directive was adopted, with the aim of providing a regulatory framework for collection and recycling that would include ambitious targets and encourage Member States to increase preparedness for reuse, to strengthen the incentive for resource efficiency in Europe.

The 2012 Directive also provided member states with tools to identify illegal waste exports more effectively. In addition, it provided for the harmonization of national registration and reporting requirements. The registers of producers of electrical and electronic equipment in the member states are more integrated, and an implementing regulation establishing a harmonized format has been adopted. And additional implementing regulations on joint actions were adopted to ensure uniform conditions.

WEEE is one of the fastest growing waste streams in the EU and globally. If not treated appropriately, it is dangerous and can have serious consequences for people and the environment. In addition, it contains precious and critical raw materials, the recovery of which is essential to support the circular economy and strengthen the strategic autonomy of the EU. In the years ahead, growing consumption and digitization will present ever-increasing challenges, so it is necessary to assess whether the WEEE Directive is fit for purpose.

The Commission launched an online public consultation on the evaluation of the Waste Electrical and Electronic Equipment Directive – WEEE Directive. The consultation lasts until September 22, 2023.

More informations: https://environment.ec.europa.eu/topics/waste-and-recycling/waste-electrical-and-electronic-equipment-weee_en

The ongoing evaluation aims to assess how effectively the Directive has been applied and what its effect has been, to assess how it contributes to the general political goals of the European Green Plan and the Circular Economy Action Plan, and to identify gaps in its implementation. Depending on the findings of the evaluation, the Commission could then initiate the revision process of the Directive.

In the context of the evaluation, the Commission will evaluate the reduction of administrative burdens and the level of compliance achieved after the adoption of the implementing acts. In particular, the Commission is seeking feedback on the identification of equipment containing critical raw materials and on existing recycling practices for these materials. The assessment will also take into account international developments, such as the Basel Convention on the Control of Transboundary Movements of Hazardous Wastes and their Disposal.

The Directive sets stricter collection and recovery/recycling targets. Separate collection of EE waste from unsorted municipal waste is necessary to ensure its proper processing, but remains a major challenge in most member states. As part of the evaluation, the Commission carried out a compliance promotion initiative to assess good practices and gaps in implementation, among the practices being the separate collection and procedures of WEEE.

The Directive will also be evaluated against the objectives set out in the European Green Plan and the Circular Economy Action Plan and will take into account all other relevant changes in EU environmental and waste policy (e.g. renewable energy policies, batteries, eco-design for sustainable products , restriction of hazardous substances in electrical and electronic equipment, waste vehicles, waste shipments, critical raw materials).

The safe and environmentally sound management of WEEE requires the involvement of a wide range of actors: producers of electrical and electronic equipment, producer responsibility organizations and extended producer responsibility programs, recyclers, entities involved in reuse and preparation for reuse, national governments, third country authorities that receive WEEE, non-governmental organizations as well as citizens.

Source: https://environment.ec.europa.eu/news/commission-consults-citizens-and-stakeholders-directive-waste-electrical-and-electronic-equipment-2023-06-16_en

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WEEE – Current legal EPR obligations of producers in Croatia https://oro.hr/zakonodavstvo/eu-zakonodavstvo/weee-current-legal-epr-obligations-of-producers-in-croatia/ Wed, 13 Sep 2023 06:33:27 +0000 https://oro.hr/?p=2028 The Ordinance on the management of waste electrical and electronic equipment prescribes the conditions, procedures and goals of EE waste management in order to prevent its generation, ensure its collection, storage and processing, reuse, recycling and other methods of recovery in accordance with Directive 2012/19/EU. Also, the obligations and responsibilities of all persons involved in the life cycle of EE equipment are prescribed, among other things, requirements regarding the production of EE equipment, methods and conditions of labeling, obligations to keep records and submit reports, obligations of the producer and the manner of their fulfillment, content of the program for the collection of EE waste and other questions, lists and obligations regarding EE equipment and waste, all for the purpose of achieving the prescribed goals.

By managing waste, costs for raw materials are reduced, energy is saved, people live better and healthier, and a better future is ensured. For these reasons, clear goals have been set at the European level so that all member states work together in the same direction and achieve a synergistic effect.

Electrical and electronic waste

EE waste, as well as waste batteries and accumulators and waste packaging, is a special category of waste for which a system of extended responsibility of product producers has been established as a set of measures taken in the Republic of Croatia to ensure that product producers bear financial or financial and organizational responsibility for the “waste” phase in the product life cycle.

Electrical and electronic devices and equipment (EE equipment) represents all products and their components that for their primary and proper operation depend on electricity or electromagnetic fields as the primary source of energy, …

Electrical and electronic waste (EE waste) is EE equipment that is waste in the sense of the law governing waste management in the Republic of Croatia, including all components, sub-assemblies and consumables that form part of the product at the time of disposal.

Waste electrical and electronic equipment is divided into the following categories:

  • Heat exchange equipment
  • Screens, monitors and equipment containing areas larger than 100 cm2
  • Light bulbs
  • Large equipment (any external dimension greater than 50 cm)
  • Small equipment (no external dimension is greater than 50 cm)
  • Small IT equipment and telecommunications equipment.

Am I/my company obliged to pay?

Producers of EE equipment are obliged to pay a fee for EE waste management in order to cover the costs of separate collection and processing of EE waste in the system managed by the Fund for Environmental Protection and Energy Efficiency.

The producer of EE equipment represents a legal or physical person – a craftsman, who puts EE equipment on the market in the Republic of Croatia, that is, a person who, regardless of the method of sale:

  • has its business headquarters in the Republic of Croatia and on the territory of the Republic of Croatia resells equipment produced by other suppliers under its own name or trademark, whereby the reseller is not considered a “producer” if the producer’s name or trademark is on the equipment,
  • has its business headquarters in the Republic of Croatia and produces EE equipment under its own name or trademark, or had EE equipment designed or produced that it sells under its name or trademark within the Republic of Croatia,
  • has its business headquarters in the Republic of Croatia and in the Republic of Croatia on a professional basis puts EE equipment on the market from a third country or from another EU member state or
  • using long-distance communication, sells EE equipment directly to households or users who are not households in the Republic of Croatia, and has its business headquarters in another EU member state or a third country.

The payer is obliged to report the mentioned activities, i.e. the amount of products and/or equipment, and receives a Decision for the same, which determines the amount of compensation he is obliged to pay.

A person who has a business seat in another EU member state or a third country, and places EE equipment on the market in the Republic of Croatia, is considered a “producer” in terms of the provisions of the Ordinance and is obliged to authorize in writing a registered person in the Republic of Croatia, who is, as authorized representative responsible for fulfilling the obligations of that producer in accordance with the Ordinance.

A producer with headquarters in the Republic of Croatia and using remote communication to sell EE equipment directly to households or other users in another EU member state where it does not have its business headquarters, is obliged to appoint an authorized representative in writing as a person who is on the territory of that member state EU responsible for fulfilling the obligations of that producer in accordance with Directive 2012/19/EU.

Foreign companies must have an authorized representative in Croatia.

Design, production and labeling of EE equipment

The producer is obliged to ensure that the EE equipment that is placed on the market is designed and produced in such a way that the use of hazardous substances in the EE equipment is reduced to the minimum possible while respecting the restrictions, that it is possible to disassemble and recover EE waste, especially the reuse and recycling of components and materials, that the EE equipment is in accordance with the technical requirements for eco-design of the product, that in the production of the EE equipment, recycled material was used to the greatest extent possible, but also that the EE equipment that becomes EE waste does not pose a danger or damage to human health and the environment, as well as an obstacle in the management of EE waste.

The producer must also ensure that the EE equipment is legibly and in a visible place clearly and indelibly marked with a mark on the separate collection of EE waste, and if this is not possible due to size or function, it must be printed on the packaging, instructions for use and warranty card. Also, the EE equipment must contain a legible and visible inscription about the producer and a mark that the EE equipment was put on the market after August 13, 2005.

What if the products are exported?

The producer/importer who paid a fee to the Fund during import/production has the right to a refund of the fee in case of product export. For all management fees, in order to exercise the right to a refund, it is necessary to submit a completed prescribed form and attach to it the mandatory supporting documentation. It should be noted that for some fees there is a clearly prescribed deadline for submitting the refund request, and it is necessary to take care of it.

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Circular economy – more durable, more energy efficient and easier to repair phones and tablets, new rules that enable consumers to make a sustainable choice https://oro.hr/zakonodavstvo/eu-zakonodavstvo/circular-economy-more-durable-more-energy-efficient-and-easier-to-repair-phones-and-tablets-new-rules-that-enable-consumers-to-make-a-sustainable-choice/ Wed, 06 Sep 2023 07:27:35 +0000 https://oro.hr/?p=2019 The aim of the Circular Economy Action Plan 2020 is to ensure that products become more durable, easier to repair and upgrade. Ecodesign and energy labelling policies help businesses, citizens and governments contribute to the clean energy transition, meet EU energy efficiency targets, reduce greenhouse gas emissions and support a circular economy. They create business opportunities and increase resilience through harmonized rules for energy-related products. In particular, medium and large household appliances (washing machines, refrigerators, etc.) are taken into account, as well as business products. Aspects such as energy consumption, water consumption, greenhouse gas emission levels and material efficiency are covered. All these measures stimulate the demand and supply of more sustainable products, while at the same time significantly reducing the costs of the end user.

Estimates show that consumers saved over 63 billion euros in 2020 thanks to these policies.

On 16 June 2023, the Commission proposed new rules to help consumers make informed and sustainable decisions when buying mobile phones and tablets, in line with the existing EU Energy Labelling Regulation. On the same day, the European Parliament and the Council approved measures to increase the energy efficiency, durability and easier repair of devices, following the Commission’s proposal in November 2022, in accordance with the EU Ecodesign Regulation.

All the above measures help the EU economy to be more circular, save energy, reduce the carbon footprint, support circular business models and deliver the benefits of the European Green Deal for consumers.

According to the then proposed Energy Labelling Regulation, smartphones and tablets placed on the EU market will have to display information about their energy efficiency, battery life, protection against dust and water, and resistance to accidental drops. The novelty is that the product placed on the EU market will have to have a repairability assessment, which will help consumers in the EU to make more informed and sustainable decisions when purchasing and thus encourage sustainable consumption.

Devices manufactured according to these rules will save almost a third of today’s primary energy every year until 2030.

The use of critical raw materials will be optimized and recycling will be facilitated. The new products will use the existing and known EU energy labels of the A-G scale, and the European database will provide additional product information through the European Product Register for Energy Labels EPREL, https://eprel.ec.europa.eu/screen/home.

The newly approved Ecodesign Regulation sets minimum requirements for mobile and wireless phones and tablets placed on the EU market, and these include:

  • Resistance to accidental drops and scratches, protection from dust and water and the use of sufficiently durable batteries, which means that the batteries should withstand at least 800 charge and discharge cycles while retaining at least 80% of their initial capacity
  • Rules on disassembly and repair, including obligations of manufacturers to make critical spare parts available to repairers within 5-10 working days and up to 7 years after the end of sales of the product model on the EU market
  • Availability of operating system upgrades for longer periods, at least 5 years after the product has been put on the market
  • Non-discriminatory access to professional service technicians for any software or firmware required for replacement

After entry into force, both proposals provide for a transition period of 21 months before the requirements become applicable.

What follows is the submission of these rules on energy labelling to the European Parliament and the Council for a two-month review period, after which they will be officially adopted if there are no objections to the text. In order to harmonize the entry into force of these two laws that refer to the same category of products, their publication in the Official Gazette will take place on the same day, after the adoption of the rules on energy labelling.

Source:

https://ec.europa.eu/commission/presscorner/detail/en/ip_23_3315

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Circular economy – a new law on more sustainable, circular and safer batteries comes into force https://oro.hr/zakonodavstvo/eu-zakonodavstvo/circular-economy-a-new-law-on-more-sustainable-circular-and-safer-batteries-comes-into-force/ Wed, 30 Aug 2023 07:09:44 +0000 https://oro.hr/?p=1995 As already written in previous articles, batteries and waste batteries have been regulated at the EU level since 2006 in accordance with the Battery Directive, and the Commission proposed a revision of that Directive in December 2020. Mainly due to socioeconomic conditions, technological development, market and use of batteries. Also, the Commission launched the European Battery Alliance in 2017 to build an innovative, sustainable and globally competitive battery value chain in Europe and to ensure the supply of batteries needed to decarbonise the transport and energy sectors.

The exponential growth in demand for batteries will lead to an equal increase in demand for raw materials and the need to minimize their impact on the environment.

In line with the circular ambitions of the European Green Deal, the Battery Regulation is the first piece of European legislation to approach the full life cycle in which procurement, production, use and recycling are incorporated into a single law.

On August 17, 2023, a new legal framework came into force that ensures the collection, reuse and recycling of batteries in Europe. The new Regulation ensures that batteries in the future have a low carbon footprint, use minimally harmful substances, require fewer raw materials from countries outside the European Union, and are largely collected, reused and recycled. All of the above will support the transition to a circular economy, increase the security of supply of raw materials and energy, and improve the strategic autonomy of the EU.

Batteries in the EU will be environmentally friendly.

The Battery Regulation will ensure that batteries placed on the EU’s single market can only contain a limited amount of harmful substances that are nevertheless necessary, while regularly checking for substances of concern. Under due diligence obligations under the new law, companies must identify, prevent and address social and environmental risks associated with the procurement, processing and trade of raw materials (lithium, cobalt, nickel, natural graphite) contained in their batteries.

Batteries are a key technology of the green transition, supporting sustainable mobility and contributing to climate neutrality by 2050.

For this reason, from 2025, the Regulation will introduce declaration requirements, performance classes and maximum carbon footprint limits for electric vehicles, then light means of transport (such as e-bicycles and scooters) and rechargeable industrial batteries. Targets for recycling efficiency, material recovery and recycled content will be introduced gradually. All collected batteries will have to be recycled and achieve a high level of recovery, especially of the critical raw materials cobalt, lithium and nickel. In this way, valuable materials will be recovered at the end of their useful lives and returned to the economy, with stricter efficiency targets.

Battery replacement – anyone could do it themselves.

From 2027, consumers will be able to remove and replace the removable batteries in their electronic products at any point in their life cycle, which will extend the product’s life before final disposal, encourage reuse and contribute to waste reduction.

Until now, it was necessary to visit a specialized store or shop to change the battery in a laptop or mobile device. The European Parliament aims to change that. Batteries in such and similar devices will be able to be changed by private persons themselves, that is, they will have to be able to do so. Of course, there will be exceptions, such as devices used in wet environments, and for safety reasons, devices with the possibility of malfunctioning after independent battery replacement, as well as professional medical devices, will be excluded from the rule.

When making a decision about which battery to buy, consumers will be helped by key information on the label.

Also, the QR code will give them access to a digital passport that will contain detailed information about each battery. The above will represent a very important link in the value chain in efforts to make it easier for both consumers and experts to contribute to the realization of a circular economy for batteries.

What is expected in the next steps is the implementation of the law in the Member States and the preparation of secondary legislation (through implementing and delegated acts) containing more detailed rules.

Source: https://environment.ec.europa.eu/news/new-law-more-sustainable-circular-and-safe-batteries-enters-force-2023-08-17_en

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Questions and answers about the sustainable battery regulation https://oro.hr/zakonodavstvo/eu-zakonodavstvo/questions-and-answers-about-the-sustainable-battery-regulation/ Fri, 25 Aug 2023 06:56:25 +0000 https://oro.hr/?p=1991 Why is there a need for new legislation on batteries?

Batteries are a key technology in the transition to a circular economy and climate neutrality. They are also part of our everyday life. The demand for batteries will grow more and more, especially for electric vehicles, as this market becomes more and more strategic on a global level.

In order for the expected mass application of batteries to be in line with the green transition, it is necessary to take steps at the EU level for the sustainable production, application and waste management of all batteries placed on the EU market: portable batteries, car batteries, industrial batteries and batteries for e-vehicles.

Given the strategic importance of batteries and the need to minimize adverse effects on the environment, it is necessary to establish harmonized rules across the Union to ensure that the expected market growth takes place in the most sustainable way possible. The new Regulation establishes a comprehensive framework that covers all types of batteries and covers their entire life cycle from design requirements and producing process to recycling and incorporation of recycled content into new batteries.

What does the Commission want to achieve with the proposed Regulation?

The aim of the proposed Regulation is for batteries placed on the EU market to be sustainable, circular, high performance and safe throughout their life cycle, to be collected, reused and recycled, becoming a source of valuable raw materials.

In very broad terms, this includes ensuring that raw materials are sourced sustainably and responsibly, that products are produced using clean energy, that they contain a low amount of hazardous substances, that they are energy efficient and designed to last, and that they are properly collected, recycled or repurposed. There is a special focus at the end of their life to ensure that no battery is lost to waste, but that the batteries are repurposed or reproduced and that the valuable materials they contain are returned to the economy.

Establishing such requirements will further avoid fragmentation of the internal market due to different approaches used by Member States in aspects of sustainability, such as responsible sourcing of raw materials, recycled content, carbon footprint and labelling.

Establishing sustainability requirements that cover the entire life cycle of batteries ensures that the impact of batteries on the environment is minimized. Adopting a circular approach to this is key, as closing the loop will help keep the valuable materials inside batteries on the market for as long as possible.

What are the main areas of the proposal?

The new Regulation proposes mandatory requirements for:

  • sustainability and safety (rules on carbon footprint, minimum recycled content, performance and durability criteria, safety parameters)
  • marking and information (storing information on sustainability and data on expected lifetime)
  • end-of-life management (extended producer responsibility, collection goals and obligations, recycling efficiency goals and levels of recovered materials)
  • obligations of economic entities related to product requirements and analysis programs
  • electronic exchange of information

Additionally, the proposal contains provisions on mandatory green public procurement, on facilitating the implementation of rules on products, i.e. rules on conformity assessment, notification of conformity assessment bodies, market surveillance and economic instruments.

How will the new rules improve the protection of human health and the environment?

All steps in the life cycle of batteries, from the extraction of the mineral resources necessary for their production to the collection and processing after use, have a potential impact on the environment and human health. The proposed requirements and provisions aim to reduce these impacts to the greatest extent possible.

The main goal is to avoid the use of toxic substances and ensure the reduction of the risk of poor waste management. That is why the Commission proposes a ban on batteries containing mercury and cadmium, an increase in the obligation to collect waste batteries separately, and a complete ban on the disposal of waste batteries.

Also, the goal is to facilitate the transition to cleaner mobility and enable greater penetration of renewable sources into the EU’s energy mix. Less use of carbon-based fossil fuels will contribute to the reduction of emissions of toxic substances and carbon dioxide, and to the reduction of the impact of the energy production system on health and the quality of the environment.

What are the proposed sustainability and safety criteria for batteries?

The Commission proposes to maintain the existing restrictions on the use of hazardous substances in all types of batteries, especially for mercury and cadmium.

From 1 July 2024, rechargeable batteries of industrial and electric vehicles with internal storage placed on the Union market will have to have a carbon footprint declaration. From January 1, 2026, those batteries will have to carry a carbon intensity efficiency class label, and from July 1, 2027, they will comply with maximum carbon footprint thresholds.

From January 1, 2027, batteries for industrial and electric vehicles with internal storage will have to declare the content of recycled cobalt, lead, lithium and nickel contained in them. From 1 January 2030, these batteries will have to contain minimum levels of recycled content. From January 1, 2035, those minimum levels would be further increased.

The Commission proposes to further develop the existing requirement on the ability to remove batteries, which obliges producers to design devices in such a way that used batteries can be easily removed. It also proposes a new replacement provision requiring devices to continue to function after the batteries are replaced.

The proposal also addresses existing gaps in security measures for stationary energy storage systems. Only successfully tested models will be able to be placed on the EU market.

Will the rules apply to imported batteries? How will it be ensured that the batteries on the market comply with the rules?

The new Battery Regulation establishes sustainability and safety requirements that batteries must meet before being placed on the market. The rules apply to all batteries entering the EU market, regardless of their origin. For batteries produced outside the EU, the battery importer or distributor should ensure the batteries comply with the relevant requirements set out in the Regulation.

For requirements related to carbon footprint, levels of recycled content and responsible sourcing of raw materials, the proposal provides for mandatory third-party verification through notified bodies. Member States’ market surveillance authorities will enforce compliance with these provisions on the EU market.

How is circularity included in the proposal?

Circularity is the essence of the proposal. The impact of batteries on the environment is greater in the early stages of their life cycle, i.e. the extraction of materials and the production process. Greater material efficiency will lead to reduced extraction activities and an overall reduction in environmental impact.

While the EU has a high recycling rate for portable and lead-acid car batteries, much more needs to be done regarding lithium-ion batteries used in electric cars, energy storage systems and industrial activities. Only 10% of the lithium contained in batteries is recycled. Special provisions in the draft Regulation address such challenges.

The commission also proposes actions at different stages of the battery’s life cycle. A key step in closing the loop for the materials contained in batteries is to increase the collection rate of waste batteries. The second step is battery recycling. It is mandatory to ensure that all collected waste batteries are properly recycled. The targets for the efficiency of the recycling process will also be increased, as well as the setting of a specific target for lithium-based batteries.

The Commission also proposes the introduction of significant changes in the provisions related to the return of materials. Mandatory, quantified targets are proposed for cobalt, copper, nickel, lead and lithium and for their recovery processes.

The final step is to make these collected materials available to the battery industry. The Commission proposes that new batteries placed on the market contain certain amounts of recycled content, thereby contributing to closing material loops. Finally, the proposal establishes a clear framework for repurposing industrial and electric vehicle batteries for a second life, e.g. enabling a used electric vehicle battery to be reused for stationary energy storage.

What information will end users and business entities receive about the batteries they acquire or hold?

Batteries will have to be marked in a visible, legible and indelible way, with the information necessary to identify the batteries and their basic characteristics. Lifetime, filling capacity, requirement for separate collection, presence of hazardous substances and safety risks are among the information that should be provided through appropriate labels, such as QR codes. The Commission proposes to make available to battery owners and independent operators working on their behalf a battery management system that stores the information and data necessary to determine the health and expected life of batteries. This should encourage the development of the secondary battery market by facilitating the reuse, repurposing or reproducing of the battery.

How will this proposal strengthen transparency in the battery market?

Several innovations in the proposed Regulation rely on the use of IT technologies, mainly in relation to labelling, internet access to battery information or traceability of large batteries during their life cycle.

The proposal establishes a common electronic exchange system or data space for batteries that will register and provide information on every battery model placed on the EU market. The data space will be connected via a QR code to the digital “Battery Passport” – a new mechanism important for the traceability and management of large batteries. It will enable consumers to make certain decisions after being informed, producers to develop innovative products and services, and national authorities and the Commission a tool for market information.

Source: https://ec.europa.eu/commission/presscorner/detail/en/qanda_20_2311

Photo: Mohamed_hassan on pixabay

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The EU is preparing a new law on more sustainable and circular batteries https://oro.hr/zakonodavstvo/eu-zakonodavstvo/the-eu-is-preparing-a-new-law-on-more-sustainable-and-circular-batteries/ Thu, 24 Aug 2023 07:28:58 +0000 https://oro.hr/?p=1983 Since 2006, batteries and waste batteries have been regulated at EU level in accordance with the Battery Directive. However, due to new socioeconomic conditions, technological development, the market and the use of batteries, the European Commission adopted a proposal for a Regulation in December 2020. Once the new law comes into force, sustainability requirements in terms of carbon footprint, recycled content, performance and durability will be phased in from 2024 onwards. The new regulatory framework for batteries throughout their entire life cycle will also require much more detailed rules within secondary legislation to be adopted from 2024 to 2028 in order to be fully operational. By mid-2025, a more comprehensive extended producer responsibility regulatory framework targeting higher collection rates will begin to apply.

The new law advances the EU’s circular economy and zero-pollution ambitions by making batteries sustainable throughout their entire life cycle, from material procurement to collection, recycling and repurposing. The rules support Europe’s transition to clean energy and independence from fuel imports.

https://oro.hr/wp-content/uploads/2023/08/Factsheet-sustainable-batteries.pdf

In this, batteries play a big role because they are a key technology that plays a central role in improving the climate neutrality of the EU by 2050, and they are a very important part of the European automotive sector. Traffic in the EU accounts for approximately one quarter of greenhouse gas emissions and is the main cause of air pollution. Greenhouse gas emissions and harmful emissions from road traffic will be reduced by the increasing use of electric vehicles. Mainly due to the electrification of transport, the demand for batteries should increase 14 times by 2030, and the EU could cover only 17% of this demand. The exponential growth in the demand for batteries will lead to an equal increase in the demand for raw materials, so it will be necessary to minimize their impact on the environment.

According to estimates by the World Economic Forum, 19 times more batteries will need to be produced globally to accelerate the transition to a low-carbon economy.

Reasons for making changes

The proposal is aimed at a number of important problems related to the single market, such as unequal conditions of competition for batteries placed on the market due to different interpretations of the applicable rules, obstacles to the functioning of the recycling market, uneven implementation of the Battery Directive, large investments when adapting to changes in the market and other problems related to economies of scale and the need for a fully harmonized regulatory framework.

In addition, there are numerous environmental problems associated with the production and use of batteries and the handling of batteries at the end of their life. The hazardous substances contained in the batteries cause a negative effect on the environment if they are not disposed of in the correct way, and this will be solved only by the proper collection and recycling of portable batteries. One of the reasons for the low rates of collection of portable batteries is the cost involved in establishing a collection system, and in the single market the “polluter pays” principle is not implemented in an appropriate and harmonized manner.

New goals to close the loop

An important goal is to ensure the implementation of common rules for economic entities in the single market and to avoid distortion of market competition. It is important to ensure that producers, importers and economic operators in general are aligned with the requirements that will need to be met when placing batteries on the EU market and providing information to users throughout the single market. The obligation to provide information on efficiency and durability should be part of the technical documentation. Depending on the type of battery, the information should be made available on the Internet in a database and/or in a Battery Passport. The producer’s obligation to provide information on the proportion of recycled content would be in accordance with the harmonized methodology. In the same way, recycling entities must be able to operate in accordance with uniform requirements that will apply equally to all recycling companies in the EU.

The Commission proposes mandatory requirements for all batteries (industrial, automotive, electric vehicle and portable) placed on the EU market.

For the development of a more sustainable and competitive battery industry throughout Europe and the world, requirements such as the use of materials obtained in a responsible manner with limited use of hazardous substances, then the prescribed minimum content of recycled materials, carbon footprint, performance, durability and labeling, as well as meeting collection and recycling goals, are key. Companies placing batteries on the EU internal market will have to prove that the materials used in their production have been properly sourced. The social and environmental risks associated with the extraction, processing and trade of the raw materials used to produce the batteries themselves will need to be identified and mitigated.

In order to close the loop and keep the valuable materials used in batteries as long as possible in the European economy, the Commission proposes to establish new requirements and targets for the content of recycled materials and the collection, processing and recycling of end-of-life batteries. This would mean that the batteries were produced with the least possible impact on the environment, using materials obtained with full respect for human rights, as well as social and environmental standards.

Batteries must be long-lasting and safe, and at the end of their life they should be repurposed, reproduced or recycled, returning valuable materials back into the economy.

*In 2020, approximately half (47%) of portable batteries and accumulators sold in the EU were collected for recycling. Croatia is still among the leading member countries with 67.9% for the recycling of collected portable batteries and accumulators.

The current figure of 45% collection rate should rise to 65% in 2025 and to 70% in 2030, so that the battery materials we use at home are not lost to the economy. Other batteries (industrial, automotive or electric vehicle batteries) must be collected completely. All collected batteries must be recycled, and the recovery of particularly valuable materials such as copper, cobalt, lithium, nickel and lead is set at high levels. Over time, this will ensure that valuable materials are recovered at the end of their life and returned to the economy by adopting stricter targets for recycling efficiency and material recovery.

The proposed Regulation defines a framework that will facilitate the conversion of batteries from electric vehicles so that they can have a second life, for example as stationary energy storage systems or integration into electrical networks as a source of energy. The use of new IT technologies (Battery Passport) and interconnected data spaces will be crucial to increase the transparency of the battery market and secure data sharing. This will enable producers to develop innovative products and services as part of the dual green and digital transition.

Waste batteries and accumulators do not belong to municipal waste, and it is legally prescribed to return waste batteries and accumulators to marked containers, to the place of purchase or to the recycling yard. Collectors of waste portable batteries and accumulators are obliged to collect them free of charge from the owner and hand them over to the processor.

*An overview of the statistics of sales, collection and recycling of batteries and accumulators in the European Union and member states is available on the Eurostat website.

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Batteries – Current legal EPR obligations of producers in Croatia  https://oro.hr/zakonodavstvo/hr-zakonodavstvo/batteries-current-legal-legislation-and-obligations-of-foreigners/ Mon, 13 Feb 2023 08:14:04 +0000 https://oro.hr/?p=1967 The goals of the waste batteries and accumulators management system, the integral part of which is the collection system for waste portable batteries and accumulators, is to reduce the negative effects on the environment caused by batteries and accumulators. 

Batteries contain heavy metals such as mercury, cadmium and lead and are often very toxic and require a special recycling method. Most waste batteries and accumulators are classified as hazardous waste. 

Everything related to the management of waste batteries and accumulators and the achievement of certain goals is prescribed by the Ordinance on batteries and accumulators and waste batteries and accumulators (OG 111/15).  

The provisions in the Ordinance apply to all types of batteries and accumulators, regardless of their shape, volume, mass, composition or method of use. More precisely, the provisions of the Ordinance apply to portable batteries or accumulators, but they do not apply to car batteries or accumulators (starters) and industrial batteries or accumulators, for which the fee is not calculated, but it is necessary to report them. 

Management fees for portable batteries and accumulators are paid by importers and/or producers of portable batteries and accumulators when placing them on the market. 

A producer of batteries or accumulators is any legal or natural person – craftsman, who on a professional basis develops, produces, processes, sells or imports and is the first person to place batteries or accumulators on the market of the Republic of Croatia, including those that are in devices and vehicles, regardless of the method of sale. 

The producer is obliged to pay a fee for the management of waste batteries and accumulators, and such fee is a fee for the management of a special category of waste.  

Also, he is obliged to keep records on the quantity of portable batteries and accumulators that he places on the market in the territory of the Republic of Croatia and on the quantity of exported and imported portable batteries and accumulators. 

The fee paid covers the costs of collection, processing and recycling system of waste portable batteries and accumulators and the costs of informing the public about the collection, processing and recycling of all waste portable batteries and accumulators. 

If there is an export of batteries and accumulators for which a management fee has been paid, the producer has the right to a refund of part of the paid fee minus the costs of processing the request and the costs of financial transactions. 

Foreign companies must have an authorized representative in Croatia. 

The producer is also obliged to ensure that batteries or accumulators being placed on the market are designed and produced in such a way that disassembly and recovery are possible in order to properly recycle the component parts and materials, and the design of the device must allow easy separation of the waste battery or accumulator from the device. The use of hazardous substances within the product should be reduced to the minimum possible extent, while recycled materials should be used to the greatest extent in accordance with the technical requirements for the ecological design of the product, which will facilitate processing.  

The producer and the seller should inform the end user about:  

  • the possible effects of the substances used in the product on the environment and human health  
  • obligations of separate collection with the aim of facilitating the process of recycling, the producer is obliged to mark the product that he puts on the market with the symbol of separate collection and the prohibition of disposal in mixed municipal waste 
  • certain symbols and their meanings (e.g. Hg, Cd and Pb), it is forbidden to put on the market batteries or accumulators whose mass fraction of mercury is higher than 0.0005%, cadmium is higher than 0.002%, regardless of whether the product is separate or installed into the device, with certain exceptions 

By improving the management system for waste batteries and accumulators, the aim is to promote and encourage research into improving the reduction of the overall impact of batteries and accumulators on the environment during their entire life cycle. Efforts are being made to encourage the development of batteries and accumulators that contain smaller amounts of hazardous substances and that contain substances that pollute the environment to a lesser extent, and this especially applies to replacing the use of mercury, cadmium and lead. The improvement of this system encourages the development of new processes of recycling and processing of waste batteries and accumulators, as well as the research of environmentally acceptable and cheap ways of recycling. 

Photo: Clker-Free-Vector-Images on pixabay

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The end of wasteful packaging, encouraging reuse and recycling – proposal part of the European Green Deal  https://oro.hr/zakonodavstvo/eu-zakonodavstvo/the-end-of-wasteful-packaging-encouraging-reuse-and-recycling-proposal-part-of-the-european-green-deal/ Wed, 25 Jan 2023 09:36:25 +0000 https://oro.hr/?p=1952 Every goods needs packaging in order to be protected and safely transported, yet packaging and packaging waste significantly affect the environment and the use of raw materials. New rules are proposed at the EU level to solve the growing problem of packaging, which is a growing source of waste, and consumer frustration is also growing. On average, each European produces approximately 180 kg of packaging waste per year. 

If the legal regulations are not changed, greenhouse gas emissions from packaging would amount to 66 million tons. By 2030, the proposed measures would reduce that number to 43 million, and the reduction is approximately as much as Croatia emits annually. 

Due to the worrying statistics, it is necessary to prevent the creation of packaging waste, encourage reuse and refilling, and thus by 2030 enable the recycling of all packaging in an economically sustainable way. The goal is to provide consumers with reusable packaging, eliminate unnecessary packaging, limit excessive packaging and provide clear labels so that everyone has the option of recycling properly. Following on from the above, the need for original materials will be reduced. 

At the time of biowaste disposal, it will be clearer to consumers which very limited types of packaging must be composted. There will be no more confusion about which packaging belongs in which recycling bin. Markings and labels of what the packaging is made of will help to return it to the waste stream where it belongs, and the bins will have the same markings that will be the same throughout the EU. 

  • Reduce the amount of packaging waste, limit unnecessary packaging, promote reusable and refillable solutions 
  • Encourage “closed loop” recycling 
  • Reduce the need for primary natural resources and create a functional market for secondary raw materials, by increasing the use of recycled plastic in packaging 

Social media users often criticize oversized packaging when consumers receive boxes of products they order online. A small product is often unnecessarily packed in a much larger box. For example, Amazon’s plastic footprint increased by 18% in the period 2020 and 2021 (according to a report by the Oceana organization) and created 321 million kilograms of packaging waste, mostly in the form of airbags that are used as protective packaging in packages, which in the long run could go around the Earth more than 800 times… 

Reuse and refill of packaging has suddenly decreased in the last 20 years, so companies will have to offer a certain percentage of their products to consumers in reusable or refillable packaging (takeaway or delivery drinks and dishes). The format and labeling of the packaging will be standardized. The deposit return system for plastic bottles and aluminum cans will become mandatory. 

As part of the fight against wasteful packaging, single-use packaging for food and drinks consumed in restaurants and cafes will be banned, as well as single-use packaging for fruit and vegetables, miniature shampoo bottles and other miniature packaging like those we found in hotels. 

It is expected that the mentioned measures will be positive for our pockets – every European could save almost €100 a year if companies also pass on the savings to consumers. We are also looking forward to new innovations in practical solutions that will make packaging smaller, reusable and recyclable. 

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