Historical archive

Regulations regarding Scrapped Electrical and Electronic Products

Historical archive

Published under: Bondevik's 1st Government

Publisher: Miljøverndepartementet

Regulations regarding Scrapped Electrical and Electronic Products : promulgated by the Ministry of the Environment on 16th March 1998. (This 1998 regulation does not contain the latest amendments, and is incorprated into the new "waste regulation".

Promulgated by the Ministry of the Environment on 16th March 1998 pursuant to Section 33 of the Act of 13th March 1981 No.6 regarding Protection against Pollution and regarding Waste (the Pollution Control Act), see Royal Decree of 8th July 1983 and 11th June 1993 No.785, and Section 4 of the Act of 11th June 1976 No.79 on Control of Products and Consumer Services (the Product Control Act), see Royal Decree of 7th September 1990 No.730

Section 1 Matters governed by the Regulations

These Regulations shall govern reception, collection, recycling and other proper treatment of scrapped electrical and electronic products.

Section 2 Purpose

The purpose of the Regulations is to reduce the environmental problems caused by electrical and electronic products when they end up as waste, through special collection, sorting of materials and components as hazardous waste, and a high degree of recycling of other parts of the waste. The Regulations shall ensure that such waste is recycled where this, after a balanced consideration of environmental, resource and economic factors, appears justified.

Section 3 Definitions

In these Regulations terms are defined as follows:

a) EE Products: products dependent on electrical current or electromagnetic fields for their correct function, plus equipment for generation, transmission, distribution and metering of said currents and fields, including the components necessary for cooling, heating, protection etc. of the electrical and/or electronic components. In borderline cases the State Pollution Control Authority (SFT) or other organ so empowered by the Ministry of the Environment shall determine what is to be deemed an EE product.

b) EE Waste: scrapped EE Products.

c) Recycling: utilisation of EE Waste in the form of re-use, material recovery or energy recovery.

d) Distributor: anyone who on a commercial basis sells new and/or used EE Products, both wholesale and retail.

e) Importer: anyone who imports new or used EE Products.

f) Approved treatment facility: facility for the treatment of EE Waste that has a licence pursuant to the Act of 13th March 1981 No. 6 regarding Protection against Pollution and regarding Waste, see Sections 11 and 16, see also Section 29 and/or Section 6 of the Regulations on Hazardous Waste of 19th May 1994.

Section 4 Exemptions

The Regulations do not cover CFC-based refrigeration devices that are embraced by the Regulations on Disposal of CFC-based Refrigeration Devices of 10th December 1996.

The Regulations do not cover batteries whose collection and delivery for recycling or final treatment is an obligation under the Regulations on Environmentally Hazardous Batteries of 17th July 1990, Section 7.

The Regulations do not cover EE Products that are permanently installed in devices that can be registered in the following registers:

l The Aircraft Register pursuant to the Aviation Act of 11th June 1993 No. 101.

l The Shipping Register pursuant to the Maritime Act of 24th June 1994 No. 39.

l The Norwegian International Ship Register pursuant to the Norwegian International Ship Register Act of 12th June 1987 No. 48.

l The Petroleum Register pursuant to the Petroleum Activities Act of 8th March 1985 No. 8.

l The Leisure Craft and Small-Boat Register pursuant to the Leisure Craft and Small-Boat Registration Act of 19th August 1994 No. 57.

The Regulations do not cover EE Products that are permanently installed in devices regarded as vehicles within the meaning of the Road Traffic Act of 18th June 1965 No. 4.

The Regulations do not cover EE Products that are permanently installed in rolling stock that requires the approval of the Ministry of Transport and Communications pursuant to Section 5 of the Act on Construction and Operation of Railways, including Trams, Underground Railways and Light Rail Networks etc. of 11th June 1993 No. 100.

Section 5 Obligations of the Distributor

5.1 Obligation to receive EE Waste

The Distributor of EE Products shall be obliged to accept as returns EE Waste which is consumer waste free of charge at his place of business. The Distributor shall only be obliged to accept EE Waste which is production waste free of charge against new purchases of an equivalent quantity of new products. The reception obligation shall be restricted to such EE Products as the Distributor sells, plus EE Products he has previously sold within the same product range. The reception obligation shall not be restricted to brand or manufacture.

5.2 Obligation to arrange for sorting, storage and forwarding of EE Waste

The Distributor of EE Products shall ensure that EE Waste is sorted, properly stored and forwarded to a collection-point where such is established, see Section 7(1), in such a way that it is suited for further treatment in conformity with the rules of Section 7(3), or else to an approved treatment facility. A Distributor who forwards EE Waste direct to an approved treatment facility pursuant to this provision shall report thereon to the State Pollution Control Authority or other organ so empowered by the Ministry of the Environment. The State Pollution Control Authority or other organ so empowered by the Ministry of the Environment may issue detailed guidelines for how this reporting is to be done.

5.3 Obligation to provide information

The Distributor of EE Products shall be obliged to state, in his sales and information material, at his place of business and where otherwise expedient, that he receives EE Waste.

Section 6 Obligations of the Municipality

6.1 Obligation to receive EE Waste

The Municipality shall be obliged to ensure that there exists, free of charge, an adequate facility for reception of EE Waste that is consumer waste. The Municipality shall also be obliged to receive EE Waste that is production waste, but may charge for this service.

6.2 Obligation to arrange for sorting, storage and forwarding of EE Waste

The Municipality shall ensure that EE Waste is sorted, properly stored and forwarded to a collection-point where such is established, see Section 7(1), in such a way that it is suited for further treatment in conformity with the rules of Section 7(3), or else to an approved treatment facility. Municipalities which forward EE Waste direct to an approved treatment facility pursuant to this provision shall report thereon to the State Pollution Control Authority or other organ so empowered by the Ministry of the Environment. The State Pollution Control Authority or other organ so empowered by the Ministry of the Environment may issue detailed guidelines for how this reporting is to be done.

6.3 Obligation to provide information

The Municipality shall be obliged to state, in its information material regarding waste disposal and where otherwise expedient, that it receives EE Waste.

Section 7 Obligations of Manufacturer/Importer

7.1 Obligation to collect EE Waste

The Manufacturer/Importer of EE Products shall be obliged to arrange for the collection, free of charge, of EE Waste from Distributors and Municipalities in geographical areas of the country corresponding to those in which the Manufacturer/Importer’s EE Products are sold, were sold or were supplied. The EE Products may be collected from designated collection-points. The collection obligation of the Manufacturer/Importer applies to the proportionate share of the EE Waste delivered pursuant to Sections 5 and 6 corresponding to his share of sales. The obligation shall be limited to such EE Products as the Manufacturer/Importer sells, plus EE Products that he has previously supplied or sold within the same product range. The collection obligation shall not be restricted to brand or manufacture.

7.2 Obligation to receive EE Waste

The Manufacturer/Importer of EE Products shall be obliged to receive EE Waste free of charge from businesses engaged in the collection of waste and registered pursuant to Section 4 of the Regulations on Registration of Waste Management of 5th September 1995. The precondition for delivery free of charge is that the EE Waste is sorted, properly stored and forwarded to a collection-point, see Section 7(1), in such a manner that it is suited for further treatment in conformity with the rules of Section 7(3). The reception duty shall apply solely to designated collection-points established pursuant to Section 7(1).

7.3 Obligation to arrange for sorting, recycling and other proper treatment of EE Waste

The Manufacturer/Importer of EE Products shall be obliged to ensure that materials and components of EE Waste that is hazardous waste within the meaning of the Regulations on Hazardous Waste of 19th May 1994 is sorted and disposed of in an approved treatment facility. The Manufacturer/Importer shall also be obliged to ensure that other materials and components of the waste are recycled where this, after a balanced consideration of environmental, resource and economic factors, appears justified.

7.4 Obligation to report

The Manufacturer/Importer of EE Products shall ensure that reports are made annually to the State Pollution Control Authority or other organ so empowered by the Ministry of the Environment regarding production and import of EE Products, and regarding the quantities and types of EE Waste that are collected, recycled and submitted to other proper treatment in accordance with the rules of Sections 7(1), 7(2) and 7(3). The Manufacturer/Importer shall through this reporting document that he himself operates or participates in a collection and recycling scheme that ensures that the requirements of these Regulations are met. The State Pollution Control Authority or other organ so empowered by the Ministry of the Environment may lay down detailed guidelines as to how this reporting is to be done. The report shall be made three months after the entry into force of the Regulations and thereafter by 1st April every year.

7.5 Obligation to provide information

The Manufacturer/Importer of EE Products shall be obliged to state, in his sales information material regarding waste disposal and where otherwise expedient, that the EE Waste he sells may be delivered to the Distributor and that the Products are covered by a return and recycling scheme.

Section 8 Relationship to the Hazardous Waste Regulations

Distributors, Municipalities and Manufacturer/Importers that receive/collect EE Waste in fulfilment of their obligations pursuant to Sections 5(1), 6(1) and 7(1), do not require permission under Section 6 of the Regulations on Hazardous Waste of 9th May 1994 for receipt, storage and transport of EE Waste that is hazardous waste or that contains materials and component that are hazardous waste.

Section 9 Duty to Provide Information

In order to supervise and safeguard the implementation of the provisions of these Regulations, the State Pollution Control Authority or other organ so empowered by the Ministry of the Environment may issue directives regarding information pursuant to Section 49 of the Pollution Control Act or pursuant to Section 5 of the Product Control Act.

Section 10 Supervision and exceptions

The State Pollution Control Authority or other organ so empowered by the Ministry of the Environment shall supervise compliance with these Regulations and decisions made pursuant thereto, and in special cases may by simple decision or regulations grant dispensation from the Regulations.

Section 11 Pollution charges and fines

In order to ensure that the provisions of these Regulations or decisions made pursuant thereto are complied with, the State Pollution Control Authority or other organ so empowered by the Ministry of the Environment may make decisions regarding pollution charges pursuant to Section 73 of the Pollution Control Act or fines pursuant to Section 13 of the Product Control Act.

Section 12 Appeals

Decisions taken pursuant to these Regulations may be appealed to the Ministry of the Environment or other organ so empowered by the Ministry of the Environment.

Section 13 Penalties

In the event of violation of these Regulations or decisions taken pursuant to these Regulations, Chapter 10 of the Pollution Control Act or Section 12 of the Product Control Act shall be applicable, unless the situation is covered by more stringent penal provisions.

Section 14 Entry into Force and Transitional Provisions

These Regulations shall enter into force on 1st July 1999.

For Svalbard and Jan Mayen, the Regulations shall enter into force to such extent as the Ministry of the Environment may determine.


Commentary on the individual provisions

Re Section 3 Definitions

a) EE products

The definition of EE products means that products containing electrical and/or electronic components are in principle embraced by the Regulations in their entirety, even if they are according to their kinds composed also of other components such as mechanical parts, protective equipment and so on. This applies to, for example, refrigerators, televisions and photocopiers. For larger devices such as lifts and escalators, however, it is natural that only the individual components that have an electrical and/or electronic function (for example a lift’s control unit) be regarded as an EE product. The definition will be relevant to what is regarded as EE waste and thereby embraced by the Regulations, including the extent of the distributor’s and municipality’s reception obligation under Sections 5 and 6. The reception obligation will not, therefore, apply to a whole lift or escalator. As regards vehicles, ships, boats, oil platforms, rolling stock and aircraft, the Regulations cover only those parts with an electrical and/or electronic function that are not permanently installed, see the exemptions in Section 4. Borderline cases are decided by the State Pollution Control Authority (SFT) or other organ so empowered by the Ministry of the Environment.

b) EE waste

An EE product is scrapped when the possessor wishes to rid himself of the product and does not intend to re-use it in its original form for its original purpose, for example by selling it second-hand.

c) Recycling

Recycling is used as an umbrella term for re-use, material recovery and energy recovery.

The term re-use includes in principle both utilisation of EE products in their original form for their original purpose, if necessary following repair or other treatment, and utilisation of the individual components of EE products in their original form and for their original purpose. Re-use of the entire EE product in its original form for its original purpose, for example through second-hand sale, means that the product is not regarded as scrapped and thus not regarded as waste, see commentary to (b) above, while re-use of the individual components of scrapped EE products is to be regarded as recycling of EE waste.

By material recovery is meant utilisation of EE waste in such a way that the materials are wholly or partially preserved.

By energy recovery is meant utilisation of the energy in the EE waste through incineration, pyrolysis etc.

f) Approved treatment facility

By approved treatment facility is meant a facility licensed under the Act of 13th March 1981 No. 6 regarding Protection against Pollution and regarding Waste, see Sections 11 and 16, see also Section 29 and/or Section 6 of the Regulations on Hazardous Waste of 19th May 1994. Under Section 29 of the Pollution Act, permission is required for waste treatment if the operation may cause pollution or loss of visual amenity. Since almost all EE waste contains materials or components that are hazardous waste, handling of such waste must be deemed to involve a danger of pollution and is therefore subject to licensing. Moreover, the enterprise must be notified to the State Pollution Control Authority under Section 4 of the Regulations on Registration of Waste Management of 5th September 1995. The State Pollution Control Authority has commissioned NORSAS to operate the register and provide guidance and information. A licence for treatment under Section 6 of the Hazardous Waste Regulations is required if the operations to be performed on the EE waste and/or components of the EE waste involve “handling of hazardous waste”.

Special exemptions from the licensing requirement are made in Section 8 of these Regulations.

Persons and enterprises handling hazardous waste are also obliged to conform to the applicable personal data protection legislation, including the Personal Data Registers Act (Act of 9th June 1978 No. 48) and the safety regulations pursuant to other legislation, including the Act on Supervision of Electrical Installations and Electrical Equipment (Act of 24th May 1929 No. 4).

Re Section 4 Exemptions

The exemption applies solely to EE products that are permanently installed in the relevant means of transport at the time of scrapping. EE products that had been a part of such objects, but that are scrapped separately (when, for example, parts are replaced) plus non-permanently installed equipment that is scrapped (for example a television in a boat) are covered by the Regulations.

By permanently installed equipment is meant equipment which, all things considered, may be regarded as a natural part of the whole object and which typically cannot be removed without the use of tools.

EE waste that is exempt from the Regulations may on a contractual basis be delivered to the schemes established by the manufacturer/importer as part of the fulfilment of his obligations under these Regulations.

Re Section 5 Obligations of the distributor

1. Obligation to receive EE waste

All distributors of EE products are obliged to receive returns of EE waste. The requirement that this be free of charge means that the distributor is not permitted to demand payment for receiving the returned EE waste when scrapped. The reception duty applies to both consumer and production waste, but if the EE waste is production waste the distributor is only obliged to accept it in connection with a simultaneous purchase of an equivalent quantity of new products. By EE waste that is consumer waste is meant ordinary EE waste from households, small shops etc. and offices, plus EE waste of a corresponding quantity and nature from any other enterprise. By EE waste that is production waste is meant EE waste from business enterprises that in nature or quantity is materially different from consumer waste, see Section 27 of the Pollution Control Act. Examples of waste that the distributor is obliged to accept in return free of charge without new products being bought at the same time include fluorescent lighting tubes from a dwelling or refrigerators from an office. Examples of waste that the distributor is only obliged to accept in connection with a simultaneous purchase of an equivalent quantity of new products include large quantities of IT equipment from a company that wants to upgrade all or parts of its equipment stock all at once.

Under the Regulations, the distributor is obliged to accept the EE products he is selling at the time they are handed in. That is, a distributor who starts a new business selling white goods will be obliged to take a washing-machine that was sold earlier. Similarly, a distributor who no longer sells stereo equipment is not obliged to take a radio he has previously sold.

In consequence of the rapid development of EE products, it must be expected that a number of products are phased out, while others are added. Often the new products will replace other products within the same product range. For example, the sale of LP record-players has been largely replaced by sale of CD players, mixmasters by kitchen machines and so forth. The distributor is obliged to take such products if they belong to the same product range as those he is selling at the time of the return.

2. Obligation to ensure sorting, storage and forwarding of EE waste

The distributor is responsible for proper handling of the EE waste as long as it is in his possession. This means primarily that he is responsible for preventing the EE waste causing or threatening to cause pollution of or damage to human beings or animals. The distributor is obliged to forward the waste to a collection-point, see Section 7(1), if one has been established, or to an approved treatment facility. The costs of this, including transport costs, are to be covered by the distributor. If no collection-point has been established, it follows from Section 7(1) that the manufacturer/importer must organise collection at his own expense.

When delivering to manufacturer/importer, the distributor must deliver the EE waste in such a way that it is suited for further treatment in conformity with the rules of Section 7(3). This means inter alia that the waste must be handled in such a way that environmentally hazardous components can be subsequently sorted and properly treated in conformity with the Hazardous Waste Regulations, and so that the opportunities for recycling are not reduced. Treatment of the waste that makes it difficult to identify later increases the costs of separating out the environmentally hazardous components and/or otherwise hampers recycling, which generally means that the waste is not regarded as suited for further treatment. See also the requirement for approved treatment facility, see commentary to Section 3f.

If the distributor repairs or otherwise treats the delivered EE waste with a view to re-use (second-hand sale) of the entire product in its original form or for its original purpose, this is not regarded as treatment of waste, see commentary to Section 3 c.

If the distributor does not deliver EE waste to the manufacturer/importer, but prefers to forward it direct to an approved treatment facility, this means that he himself takes responsibility for the further treatment of waste, including the costs. He must report the quantities and types of EE waste delivered direct to an approved treatment facility so that the authorities can check that the EE waste delivered is actually recycled and otherwise properly treated. Detailed guidelines for reporting may be laid down, see also commentary to Section 7(4).

In his handling of the waste, the distributor has a duty to comply with applicable personal data protection legislation, including the Personal Data Registers Act (Act of 9th June 1978 No. 48) and the safety regulations pursuant to other legislation, including the Act on Supervision of Electrical Installations and Electrical Equipment (Act of 24th May 1929 No. 4).

Re Section 6 Obligations of the municipality

1. Obligation to receive EE waste

The municipality has an obligation to receive all EE waste. The costs incurred in this connection are to be covered via the municipal garbage-removal charges, see Section 34 of the Pollution Control Act. This means that consumer waste subscribers pay for this via their annual garbage-removal charge, and that no payment is to be demanded from them for delivery of EE waste to the municipal facility. The municipality may demand payment for reception of EE waste that is production waste.

In order for the municipality’s facility for reception of EE waste that is consumer waste to be adequate, there is a special requirement that the facility be readily accessible to the possessors of the waste. This makes demands on the number of reception facilities, their siting, opening hours and so forth. For some municipalities this may mean several such facilities within their boundaries, while in other areas it may be sufficient for several municipalities combine to operate a regional facility. It may also mean that the municipality must have an extended facility to receive small scrapped EE products, ensuring collection of these through a suitable combination of home collection and delivery by consumers. It is up to the individual municipality to find which scheme is most expedient in the light of local conditions.

The reception facility may be established and operated by the municipality itself, or be a part of an inter-municipal collaboration, or the municipality may subcontract the facility to others.

2. Obligation to ensure sorting, storage and forwarding of EE waste

The municipality is responsible for proper handling of the EE waste as long as it is in the municipality’s possession. This means primarily that it is responsible for preventing the EE waste causing or threatening to cause pollution of or damage to human beings or animals. The municipality is obliged to forward the waste to a collection-point, if one has been established under Section 7(1), or to an approved treatment facility. The costs of this, including transport costs, are to be covered via the municipal garbage-collection charge, see commentary on Section 6(1). If no collection-point has been established under Section 7(1), the manufacturer/importer has the duty to collect the waste at his own expense.

When delivering to manufacturer/importer, the municipality must deliver the EE waste in such a way that it is suited for further treatment in conformity with the rules of Section 7(3). This means inter alia that the municipality must keep the waste separate from other waste and that the waste must be handled in such a way that environmentally hazardous components can be subsequently sorted and properly treated in conformity with the Hazardous Waste Regulations, and so that the opportunities for recycling are not reduced. Treatment of the waste that makes it difficult to identify later increases the costs of separating out the environmentally hazardous components and/or otherwise hampers recycling, which generally means that the waste is not regarded as suited for further treatment. See also the requirement for approved treatment facility, see commentary to Section 3f.

If the municipality repairs or otherwise treats the delivered EE waste with a view to re-use (second-hand sale) of the entire product in its original form or for its original purpose, this is not regarded as treatment of waste, see commentary to Sections 5.2 and Section 3 c.

If the municipality does not deliver EE waste to the manufacturer/importer, but prefers to forward it direct to an approved treatment facility, this means that the municipality must itself take responsibility for the further treatment of waste, including the costs. It must report the quantities and types of EE waste delivered direct to an approved treatment facility so that the authorities can check that the EE waste delivered is actually recycled and otherwise properly treated. Detailed guidelines for reporting may be laid down, see also commentary to Section 7(4).

In its handling of the waste, the municipality has a duty to comply with applicable personal data protection legislation, including the Personal Data Registers Act (Act of 9th June 1978 No. 48) and the safety regulations pursuant to other legislation, including the Act on Supervision of Electrical Installations and Electrical Equipment (Act of 24th May 1929 No. 4).

Section 7 Obligations of the manufacturer/importer

1. Obligation to collect EE waste

The individual manufacturer/importer is obliged to ensure that the EE products they introduce onto the Norwegian market are collected when they end up as waste and are delivered for recycling and otherwise properly handled. The collection obligation also embraces products introduced onto the market before the Regulations entered into force, but which did not become waste until afterwards, see the commentary to Section 14.

The manufacturer/importer of EE products is obliged to arrange for collection of EE waste free of charge in geographical areas corresponding to those in which the products are sold, were sold or were supplied. This means that the individual manufacturer/importer cannot free himself from his collection obligation by only collecting EE waste from those areas of the country where the transport costs are low. By “supplied” is meant cases in which the EE product is handed over to the buyer elsewhere than at the vendor’s place of business, for example by mail-order or direct sales.

The requirement for collection from a corresponding geographical area means that the manufacturer/importer must ensure that a suitable logistic system is established which does not cause unreasonably high transport costs for any municipalities. This normally means a regional collection-point in each of the areas where inter-municipal companies exist. In other municipalities, the manufacturer/importer must undertake a concrete evaluation of whether a separate collection-point in the municipality is necessary, whether the municipalities can join forces to create regional collection-points, or whether the municipality can be linked to collection-points for inter-municipal companies. If the manufacturer/importer does not establish collection-points, the EE waste must be collected direct from those obliged to receive it (distributors and municipalities).

The collection-points or collection routes established by the manufacturer/importer shall have the capacity to handle a quantity of the returned EE waste that corresponds to his share of sales. For example, a manufacturer/importer who has half the sales of domestic appliances will also be obliged to collect half of the returned EE waste from such products in the corresponding geographical area, see above.

The obligation to arrange for collection of EE waste may be discharged by a third party. This means that the manufacturer/importer may free himself from the physical duty to collect the EE waste by arranging for the establishment of, or by associating himself with, a collection system for EE waste. Agreements on collection and intermediate storage or operation of collection sites may be made with municipalities, car scrapyards, private waste management companies and so forth.

2. Obligation to receive EE waste

The precondition for delivery free of charge of EE waste from enterprises that operate collection of waste to collection-points established by the manufacturer/importer is that the waste is sorted, properly stored and forwarded to a collection-point in such a manner that it is suited for further treatment in conformity with the rules of Section 7(3). The EE waste must be stored separately from other waste and handled in such a way that environmentally hazardous components can be subsequently sorted and properly treated in conformity with the Hazardous Waste Regulations, and so that the opportunities for recycling are not reduced. Treatment of the waste that makes it difficult to identify later increases the costs of separating out the environmentally hazardous components and/or otherwise hampers recycling, which generally means that the waste is not regarded as suited for further treatment.

3. Obligation to arrange for sorting, recycling and other proper treatment of EE waste

Within all groups of EE waste are products containing components or substances that are subject to a delivery obligation under the Hazardous Waste Regulations. Examples include light fittings with condensers containing PCBs, mercury switches and relays, circuit-boards, fluorescent lighting tubes and television and computer screens. Manufacturers and importers have a duty to ensure that components and substances in the EE waste that are hazardous waste are dismantled, sorted and subjected to proper treatment in accordance with the rules of the Hazardous Waste Regulations.

Other materials and components in the waste are to be recycled where this, after a balanced consideration of environmental, resource and economic factors, appears justified. This means that the materials/components are to be recycled wherever the costs of recycling do not exceed the socio-economic costs, including the environmental costs, of the final treatment.

The obligation to ensure that collected EE waste is handled in conformity with the rules of Section 7(3) may be discharged by a third party. It is, however, the individual manufacturer/importer who has the responsibility for ensuring that the treatment conforms to the requirements of Section 7(3).

Persons and enterprises handling hazardous waste are also obliged to conform to the applicable personal data protection legislation, including the Personal Data Registers Act (Act of 9th June 1978 No. 48) and the safety regulations pursuant to other legislation, including the Act on Supervision of Electrical Installations and Electrical Equipment (Act of 24th May 1929 No. 4).

4. Obligation to report

In order to check that the EE waste actually is collected and that it is sent for recycling and is otherwise properly handled, the manufacturer/importer is required to file a report. The report must contain information regarding production and import of EE products, an account of how the duty to collect EE waste under Section 7(1) is being discharged and an overview of the quantities and types of EE waste that are collected, recycled and otherwise properly handled, see Section 7(3). Detailed guidelines may be laid down for this reporting. For example, such guidelines may embrace amplification of documentation requirements and quantity calculation methods.

The reporting obligation may be discharged by a third party.

Section 8 Relationship to the Hazardous Waste Regulations

The provision makes an exception to the requirement for receipt, storage and transport of hazardous waste, but not an exception to the requirement for treatment of hazardous waste, that is physical/chemical/biological processes, including disassembly, which change the character of the hazardous waste, see Section 6 of the Hazardous Waste Regulations, see also Section 3 f).

Section 9 Duty to provide information

In order to supervise the implementation of the provisions of these Regulations, the State Pollution Control Authority or other organ so empowered by the Ministry of the Environment may issue directives regarding information regarding the production and import of EE products and regarding reception, collection, recycling and other treatment of EE waste. Decisions regarding the information obligation may, for example, be taken vis-à-vis manufacturers, importers, distributors, municipalities, customs authorities, licensees for waste facilities and companies that sort, disassemble and recycle EE waste.

Section 14 Entry into force and transitional provisions

The Regulations cover EE products that are scrapped after the date of entry into force. EE waste that is generated (scrapped) before the date of entry into force is therefore not covered, while products introduced onto the market before the date of entry into force are covered, providing that they are not scrapped until after the Regulations have entered into force.

This page was last updated May 12, 1999 by the editors