This directive, pertaining to electrical and electronic equipment and to managing the disposal of their waste, is aimed at encouraging producers to take on their responsibilities, in the broad sense of the term. It has been transposed into Luxembourg law by the regulation of 30/07/13.
Grand-ducal regulation of 30/07/2013
Who is concerned ?
- Producers and importers of EEEs.
Any company which is located outside the Grand-Duchy of Luxembourg but sells directly to users (B2B or B2C) in Luxembourg is considered as an importer. This is notably the case of e-commerce.
- Distributors, end dealers and installers of EEEs.
Note: it is possible for one company to be both an importer and distributor. In this case, the company is responsible for meeting the obligations incumbent on both categories.
- State and Local authorities
What are their obligations?
1. For producers and importers
All Producers and Importers of EEEs are obliged to register with the Ministry for the Sustainable Development and Infrastructures. They are required to declare the EEEs they put on the market in Luxembourg and prove that they meet their obligations, or show that they are a member of an approved scheme such as Ecotrel, which fulfils those obligations on its behalf.
The trade-in bond
For Household WEEEs:
All Producers and Importers of EEEs are obliged to contribute financially to the collection (from a selective collection point), the processing, the recovery and the non pollution-causing destruction of Household WEEEs collected by state and local structures. This financial contribution applies to:
- Historical waste (from EEEs sold prior to the 13/08/05).
- The financial contribution is calculated in proportion to market shares from the 13/08/05.
- Waste from EEEs sold after the 13/08/05.
The financial contribution is made at the time of sale of the EEE, and takes the form of an insurance or a deposit paid into a frozen bank account (for individual systems). More simply, the financial contribution can be guaranteed by membership of a collective management system such as Ecotrel.
For WEEEs from users other than households:
The producers and importers are only required to finance processing historical WEEEs if they sell a new, equivalent item. The financial contribution applies to the collection from a professional user's premises and to the processing, the recovery and the non pollution-causing destruction of the WEEEs. If it makes no specific agreement with its client, the Producer or Importer will be obliged to finance the collection and processing of the EEEs it has sold when, at a future date, the EEE becomes scrap and the client no longer wishes to keep it.
Before the 30th of April each year, producers and importers must inform the environmental administration body of the number of EEEs they have commercialized in Luxembourg and the number of WEEEs they have collected and processed, as well as the waste recovery rate achieved.
Manufacturers of electrical and electronic equipment are required to display the symbol of the crossed-out wheeled bin on their products to indicate that they are subject to a separate collection.
2. For end dealers and installers
End dealers and installers must take back free of charge, any WEEEs brought back by their clients, whether professional or individual, when they purchase a new EEE. This obligation is limited, to a one-for-one trade-in, and provided the returned equipment is of a similar type and was used to perform similar tasks to the newly purchased item.
End dealers and installers are allowed to refuse to take back the WEEEs, if there is a lack of available space, for instance. If this is the case, they must inform their clients of the possibilities available for the disposal of the WEEEs.
Distributors provide for the collection, at retail shops with sales areas relating to EEE of at least 400 m 2 , or in their immediate proximity, of very small WEEE (no external dimension more than 25 cm) free of charge to end-users and with no obligation to buy EEE of an equivalent type, unless an assessment shows that alternative existing collection schemes are likely to be at least as effective.
3. For State and Local authorities
State and Local authorities are obliged to provide citizens with access to structures that will accept WEEEs free of charge. Until 31 December 2015, a collection rate of 4kg/year/inhabitant shall be reached for the entire country. From 01/01/2016, a collection rate of 45% calculated on the total weight of WEEE collected and expressed as a percentage of the average weight of EEEs placed on the Luxembourg market over the last 3 years must be achieved. From 01/01/2019, the rate will increase to 65% or 85% of the weight of WEEE generated in Luxembourg.
Environmental agreement : An environmental agreement governing the rights and obligations of the various players involved in the collection and processing of WEEEs was signed beginning 2006.