The regulations for the sustainability of the value chain of electrical and electronic devices.By (*) Aloia López Ferro
The consumption of electrical and electronic devices increases at high speed.However, the value chain of electrical and electronic devices faces important environmental problems that the energy transition, the increase in population and the shortage of raw materials, among other factors, could aggravate.Therefore, the European Union and Spain have approved new regulations with which it is intended to increase the sustainability of the value chain, and new regulations are planned in the near future.
En este artículo nos aproximaremos a cuáles son los retos que se plantean para incrementar la sostenibilidad de esta cadena de valor, en particular, desde el punto de vista de su regulación.From computers, telephones, tablets and solar panels to “intelligent” blinds, electrical and electronic devices are present in almost all areas of our day to day, allowing us to maintain our rhythm of life and our productive and consumption system.
In addition, the demand and replacement of electrical and electronic devices does not stop increasing.In fact, electrical and electronic devices (hereinafter.
On the other hand, it also increases its environmental impact, considered from its production phase (extraction and processing of raw materials, in many cases, scarce) to that of post-consumption (increased waste that can contain dangerous substances for the environment and healthand gases that exhaust the ozone layer or that contribute to global warming).
Therefore, it is necessary to have an effective regulation aimed at increasing its durability, reuse, recycling, valorization, efficient use of resources and the recovery of secondary raw materials, and which also allows improving the environmental behavior ofAll key agents involved in the life cycle of electrical and electronic devices.
In this article we will carry out an analysis of the main novelties that affect the value chain of electrical and electronic devices with the purpose of understanding what the situation and the main normative challenges that must face in the near future.
Before entering the study of the approved regulations and that is intended to be approved, we consider it appropriate to reflect, even superficially, what are the environmental challenges that affect this value chain, as a previous step in order to understand what is the purpose of theregulations and what problems are trying to solve.
1.1.Growing demand for electrical and electronic devices and increased waste generation
From two0eleven to two018, the amount of AEE marketed in the EU evolved from 7.6 million tons in two0eleven to 8.7 million tons in two018, which represents a 14.1% growth throughout the period throughout the period.
Given the rapid growth of the RAE in the EU, it poses a serious environmental problem, since they contain numerous dangerous substances for the environment and health.RAEE's ignition not treated can release hazardous chemicals, such as dioxins, and older waste can present, as collected by a report from the European Court of Accounts, metals such as lead or mercury.
Para two040, tal como prevé un informe del World Economic Forum, que las emisiones derivadas de la producción y uso de aparatos y electrónicos aumente hasta el 14% del total de emisiones, para two050, el volumen de residuos electrónicos se estima que aumentará hasta 1two0 millones de toneladas anuales, y, para two060, el consumo de materias primas se pronostica que se duplicará.
1.two.Insufficient separate collection
The regulations currently applicable in the European Union regarding RAEE is the Directive two01two/19/EU of Parliament and the Council of July 4, two01two.
According to this directive, the separate collection is a previous condition to ensure the specific treatment of the RAEE and, therefore, its compliance is fundamental.In this sense, it includes certain minimum collection indices: for two016, this index was 46% and, as of two019, 65%, taking into account the average weight of the electrical and electronic devices introduced into the state marketmember of the three years preceding or, alternatively, of 85% of the RAEE generated in the territory of said Member State.
In two018, only 18 of the Member States of the European Union reached or exceeded the 45% objective for the collection of RAEE, and another 4 states remained at less than a percentage point of this rate.
Therefore, as we already advanced in a two018 Terraqui post on the trend of the SARE worldwide, in the absence of knowing the official statistics of two019, according to the latest available data corresponding to two018, it is very likely that the vast majorityof the Member States have breached the separate collection objectives of electrical and electronic devices.
1.3.Insufficient consumers protection and need to improve information on the environmental performance of products
Consumers often lack reliable and relevant information about the sustainability of products (such as environmental characteristics or expected useful first leg), the availability of repair services, spare parts and repair manuals, and on software improvements updates.
The Consumer Protection Standards of the Union (namely, the Directive on Delegal Commercial Practices two005/two9/EC) and the Consumer Rights Directive two0eleven/83/EU establish the key information requirements that consumers must receive to performa transaction and make an informed decision.However, these rules do not expressly require information on environmental characteristics, useful life or product repair capacity.
Consumers have to deal with commercial practices that cause confusion and misinformation, or generate distrust and reduce their interest in the purchase of sustainable products, such as the following:
- Los bienes están diseñados intencionalmente para no durar tanto como el consumidor esperaría, lo que también se puede deber a una mala fabricación o elección de materiales, etc. (“obsolescencia planificada/prematura”).
- Se suministra información vaga, engañosa o infundada sobre las características ambientales de los productos (“lavado verde”). Esto ocasiona que no se elijan adecuadamente los productos más sostenibles, además de situaciones de competencia desleal.
- Proliferan los logotipos de sostenibilidad, etiquetas, marcas de confianza, marcas de calidad, reclamos, etc. que señalan virtudes económicas, sociales y ambientales. Esta multiplicación de métodos y etiquetas dificulta que los consumidores, empresas y administraciones públicas puedan identificar correctamente los productos.
The effective application of existing consumer protection standards in these areas is difficult.In particular, the effective application is affected by the lack of a common set of consumer information requirements, as well as specific rules and orientations on premature obsolescence and greenwashing.
1.4.Lack of information about worrying substances
According to the communication of the European Commission “Sustainability Strategy for Chemicals.Towards an environment without toxic substances ”, of October two0two0, a lack of adequate information about the chemical substances contained in the products is detected.
This situation causes the creation of a secondary raw materials market to be slow.
1.5.Shortage of critical raw materials and minerals
Fundamental, vital raw materials for the economy and that have a high risk in the supply, are present in large quantity in electrical and electronic devices.For example, wolframium is needed for vibren, gallium and Indian phones to be used in bulbs LED technology, semiconductors require metallic silicon and for hydrogen fuel batteries and electrolyte.
As indicated in the communication of the “Resilience of the fundamental raw materials: drawing the way to a greater degree of security and sustainability”, of September two0two0 The demand for fundamental raw materials is experiencing a great increase as a result of the growth ofThe population, industrialization, decarbonization of transport, energy systems and other industrial sectors, the increase in demand from developing countries and new technological applications.
Regarding the increase in the demand for fundamental matters as a result of the energy transition, the commission estimates that, in the European Union, by two030, the production of the batteries of the electric vehicles and the energy storage would need up to 18 times more lithium and5 times more cobalt, and, in two050 an almost 60 times greater than lithium and 15 times higher cobalt compared to the current supply of the union economy as a whole.Therefore, if this increase in demand derived from the energy transition is not responded, supply problems could occur.
In the same vein, the communication of the commission "a new model of industry for Europe", of March two0two0, warns that the transition to climate neutrality could lead to the replacement of the current dependence on fossil fuels by the dependence of the dependence ofthe raw materials, of which we supply ourselves largely from abroad and for which world competition is increasingly fierce.
Figure: minerals needed for clean energy technologies.
Source: IEA (two0two1).The Role of Critical Minerals in Clean Energy Transions.
1.6.Emerging waste flows
The energy transition needs the implementation of technologies for the production of renewable energy, such as wind turbines, solar panels, batteries or electrolyte for hydrogen production.The rapid implementation and development of these technologies is expected to cause the installed equipment.
Figure: Expected growth of waste generated by renewable energy infrastructure.
Fuente EEA (two0two1).Emerging Waste Streams - Challenges and Opportunities.
1.7.INEFICACY OF WASTE AND CONTROL REGULATIONS
The European Court of Accounts has recently shown in its “EU measures analysis report and current challenges in the field of electronic waste” that Member States continue to have difficulty applying the legislation of the European Union on the European Union onmatter and that, in addition, the illegal transfer of electronic waste continues to be a serious problem.
1.8.Reduced scope of the Directive on Ecological Design
EU initiatives and legislation only partially address the aspects of products sustainability.Thus, the Directive on Ecological Design regulates energy efficiency and some circularity characteristics of products related to energy covered by execution measures.Therefore, at present, there is no complete set of requirements to ensure that all products marketed in the EU are increasingly sustainable.
1.9.Ineffective of voluntary measures to reduce the number of loaders
Although the number of charger models have been reduced from 30 to 3 in the last decade, thanks to the work done on the basis of a voluntary approach, a complete solution was not achieved.
The situation not only causes discomfort, but it is also expensive for consumers, who spend approximately two 400 million euros per year on loose loaders that are not sold along with their electronic devices.In addition, it is estimated that deleted and unused loaders represent eleven,000 tons per year of electronic waste.
two.1.Initiative of the European Commission on Sustainable Products
In March two0two0, the European Commission presented a new action plan for the circular economy.Among the measures contemplated by this action plan, in the field of electrical and electronic devices, the forecast of presenting a legislative initiative on a sustainable product policy stands out.
A- This initiative will review the Directive on Ecological Design to be applicable to the widest range of products.
B- On the other hand, through complementary legislative proposals to ensure that the products marketed in the EU are more sustainable, the Commission will study the following aspects to ensure that products marketed in the European Union are more sustainable:
La adopción de la iniciativa sobre productos sostenibles se prevé que tenga lugar durante el cuarto trimestre de two0two1, tal como recoge el post de Terraqui titulado “La legislación ambiental por venir, deberes por hacer“, y tras haber sido sometida a consulta previa entre marzo y junio de este año.
two.two.Circular electronics initiative
The new circular economy action plan also announced the adoption by the European Commission of an initiative on circular electronics.In line with the new framework for the policy of sustainable products, this initiative will promote the prolongation of the life of electronic products and will include, among others, the following actions:
For its part, the European Parliament, in its resolution of February 10, two0two1 on the new circular economy action plan of the European Union, highlighted the need for a sustainable digital economy, taking into account the repercussions of digitalization in the climate andThe environment, such as the increase in energy demand, extraction of raw materials and the generation of electronic waste.He also showed his support for the initiative on circular electronics, highlighting that he must address the deficiencies in durability, circular design, presence of dangerous and harmful substances, recycled content, repair, access to replacement parts, update capacity, prevention, preventionof electronic waste, collection, reuse and recycling and, also, must integrate measures aimed at ending premature obsolescence practices, including the obsolescence of products caused by changes in computer programs.
two.3.Initiative of the Commission for Empowerment of Consumers and Public Buyers
The new action plan for the circular economy of March two0two0 also contemplates, with respect to electrical and electronic devices, the adoption of certain measures for the empowerment of consumers and public buyers.In this regard, the Commission:
In the field of consumption, the European Commission plans to adopt an initiative on the empowerment of consumers for ecological transition, with which it aimspossibility of update, as well as the question of reliability and comparability of such information (scheduled for the twond quarter of two0two1).
The main purpose of this initiative is:
In this regard, it will establish general requirements that would complement the norms contained in sector legislation, for example, on electrical and electronic devices.In this regard, measures will be approved to guarantee better information on the availability of replacement and repair services parts.
Finally, the Commission plans to present in two0two1 a legislative initiative of sustainable business governance to promote sustainable and responsible business behavior provided for the 4th quarter of two0two1
two.4.Regulations on allegations on the environmental footprint of products and services
The commission announced, in the new circular economy action plan, which would propose a new regulation for companies to base their environmental statements using environmental footprint methods or services.These methods measure the environmental performance of a product or organization throughout the value chain, from the extraction of raw materials to the end of their useful life.
The objective is to make the allegations reliable, comparable and verifiable throughout the European Union, reduce the "ecological laundering" or Greenwashing, help buyers and investors to make more sustainable decisions, and increase consumers' confidence in information in the information inand ecological labels.
This regulation has not yet been adopted, although it was planned for the twond quarter of two0two1.
two.5. Nuevo plan de trabajo de diseño ecológico y etiquetado energético two0two0-two0two4
The new circular economy action plan highlighted the need to increase the effectiveness of the current ecodesign framework for energy -related products, as well as energy labeling, through a new work plan.
In this sense, the Commission provides for the adoption and application of the Ecological Design and Energy Labeling Plan two0two0-two0two4. Este será el primer plan quinquenal que combine formalmente las prioridades futuras para la implementación de la Directiva sobre diseño ecológico two009/1two5/CE y el Reglamento de etiquetado energético (UE) two017/1369.
Currently, around 30 products of products are regulated based on approximately 50 regulations and voluntary agreements.They apply to billions of products that are marketed every year and have tangible implications for manufacturers, suppliers, retailers, companies and consumers daily.The selection of what products to consider for new regulations and the planning for reviews of the existing ones is established in work plans, such as those that cover the years two009-two0eleven, two01two-two014 and two016-two019.
The Ecodesign and Energy Labeling Plan two0two0-two0two4 will establish priorities for the adoption of specific product legislation in this field and it is expected that it will have as its objective to address:
In order to understand the scope that this regulation will have, for the reform of the regulations on ecological design and energy label, a preparatory study was carried out by an external service to the European Commission, which was intended to identify the entire rangeof energy -related products that are not yet regulated.Transversal aspects were also identified that are still little or not taken into account in the existing legislation, including environmental and circular economy, such as recycled content and product aspects such as firmware and software.Through this analysis, the external study team preselected for its final assessment the following groups of products and transversal aspects:
Product groups
Relevant cross aspects for a significant number of reviews and new products groups:
After being subjected to prior consultation between the months of May and June two0two1, its adoption is scheduled for the 4th quarter of two0two1.
two.6.Regulation of the "Universal Charger"
In September two0two1, the European Commission presented a legislation proposal to establish a “universal charger”, that is, it can be used for all electronic devices.
This proposal will materialize by reviewing the Directive on Radio Equipment two014/53/EU in order to harmonize the load port and fast load technology, turning the USB-C into the standard port for smartphones, tablets, cameras, headphones, portable speakers and portable video consoles.
Among the measures that the proposal includes, are the following:
However, it should be noted that in order to have a common charger, full interoperability is necessary at both ends of the cable: the electronic device and the external power supply.The interoperability of the device seeks to achieve through this proposal, but it is necessary that the regulation of the commission on ecological design also addresses the interoperability of the external power supply.
two.7.Review of ecological design requirements for computers and servers
Regulation (EU) N.º 617/two013 of the Commission, of June two6, two013, which establishes requirements for computers and servers computers, should be reviewed three and a half years after its entry into force (that is, before January two017) and, in fact, this task is part of the two016-two019 Ecodesign Work Plan.
Among the solutions to explore, were the following:
According to the European Commission's roadmap, its adoption is expected in the second quarter of two0twotwo.
two.8.Ecological design regulations for telephones and tablets and energy labeling
As for the Directive on Ecological Design, in two019, the European Commission updated the ecological design requirements for 10 product classes.For six of these products (cooling devices, electronic screens, domestic dishwashers, washing machines and domestic, refrigerators with direct sales function and welding equipment) established that manufacturers should guarantee in two0two1 that the products are designed in a way thatcan be repaired with "current tools".The required requirements also established that manufacturers must have replacement pieces available to professional reparators (and, in some cases, of the end user).However, these updated requirements do not understand some more generalized electrical appliances, such as mobile phones and computers.
Among the initiatives announced by the new Action Plan for the Circular Economy of the European Union of two0two1 are the adoption of regulatory measures for mobile phones and tablets within the framework of the Directive on Ecological Design, as well as the introduction, when relevant, of ecological labeling requirements to provide consumers better information about product sustainability.
As detailed in the information provided by the European Commission in the initial impact assessment of these initiatives, the generalized and growing use of mobile phones and tablets results in a series of problems:
The objective is to develop regulatory measures for these devices under the Ecodiseño Directive, so they are designed to be energetically efficient and durable, repairable, update, easy to maintain, reusable and recyclable.And the possibility that an energy labeling scheme indicates the probable duration of the mobile phones and tablets should also be assessed.
According to studies carried out within the framework of these initiatives, the adoption of certain measures could have positive environmental impacts.For example:
In particular, the following aspects that could be improved regarding the design and labeling of these products are identified:
On these aspects, a preparatory study was conducted on behalf of the European Commission for the development of this initiative.In this study you can find technical proposals for the formulation of the requirements of ecodesign and energy labeling that are proposed with respect to smart mobile phones and other types of mobile phones, wireless phones and tablets.Without offering an exhaustive analysis of this study, some of its aspects that we consider more remarkable regarding the requirements that are proposed to meet smart mobile phones (smartphones) and tablets are expressed below:
According to the initiative roadmap, this regulation is expected to adopt this regulation in the second quarter of two0twotwo, after having made a prior consultation between the months of May and August two0two1.
two.9.Restriction in the use of worrying substances in electronic devices
According to the communication of the European Commission “Sustainability Strategy for Chemicals.Towards an environment without toxic substances ”, from October two0two0 it is necessary to ensure that primary and secondary raw materials are always safe and, with it, also the products.
In the same sense, the new action plan for the circular economy indicates that it is necessaryRecycled materials and products.
To do this, the Commission will carry out the following actions:
More specifically, in relation to electrical and electronic devices, it is intendedIn order to simplify, increase its efficiency and improve its application.However, this modification, although scheduled for the 4th quarter of two0twotwo, has not undergone public consultation.
two.10 Research and innovation in the field of waste treatment and the recovery of fundamental raw materials
As indicated in the communication of the “Resilience of the fundamental raw materials: drawing the way to a greater degree of security and sustainability”, in September two0two0, in two0two1 research and innovation activities in the field should be launchedof fundamental raw materials in relation to the treatment of waste, advanced materials and replacement.
Also, it also points out that it is key to perform the following actions:
two.eleven.Reform of the regulations on sale of goods
The rules of the European Union on the sale of goods, especially, regarding product guarantees have indirect consequences on matters such as the durability and repair of products.
In particular, the directive on the sale of goods establishes a two -year guarantee period that applies to sales of all products in the EU.The legal guarantee on second -hand goods is a year.If the product is defective while being guaranteed, the seller must repair or replace it, and if this is not successful, offer a discount or return the money paid.
The consumer guarantees and the durability conditions of the goods have been reinforced with the approval of the Directive (EU) two019/771 of sale of goods:
However, there is a margin of improvement. Como indica la Comunicación de la Comisión Europea relativa a la “nueva agenda del consumidor” de noviembre de two0two0, se prevé revisar la Directiva sobre la compraventa de bienes a partir de two0twotwo, para promover la reparación y fomentar el uso de productos circulares más sostenibles.Thus, several options will be analyzed:
two.1two.Measures to minimize the footprint of external pollution of the European Union
In the communication of the “EU action plan: zero pollution for air, water and soil”, from two0two1 the fact that the SAREEs and the waste of batteries and batteries are included, among theWaste flows that are fastest increasing, mainly in developing countries.
Therefore, the Commission plans to support the following initiatives reinforce the measures provided for in the Basel Convention, to better supervise international trade of this type of waste flows and improve its management.Specifically, the Commission will study a world initiative with its international partners to end the informal recycling of used lead-acid batteries.
3.1.Circular economy strategy. España two030
The Spanish circular economy strategy indicates that the consumption of electronic products and components represents a preferred care area, taking into account its high consumption and waste generation.Therefore, it is pointed out that if the reduction of the number of waste generated will be promoted, for example, through the elongation of product useful life, enhancing its reuse or, ultimately, its recycling.
3.two. I Plan de economía circular two0two1-two0two3
ELI Circular Economy Plan two0two1-two3 contemplates the following aspects in relation to electrical and electronic devices:
3.3.Modification of consumption regulations
El Real Decreto-ley 7/two0two1 de two7 de abril, por el que se transponen varias directivas de la Unión Europea sobre distintos ámbitos, modificó la Ley General de Consumidores y Usuarios para transponer la Directiva two019/770 del Parlamento europeo y del Consejo de two0 de mayo de two019, relativa a determinados aspectos de los contratos de suministro de contenidos y servicios digitales, así como la Directiva two019/771 del Parlamento europeo y del Consejo de two0 de mayo de two019, relativa a determinados aspectos de los contratos de compraventa de bienes.Among the most relevant changes are the following:
3.4.Repair index
In line with what was indicated in the I Circular Economy Plan two0two1-two0two3, the Ministry of Consumer.This index, similar to the one that has already been implemented in France, is a labeling that shows in a simple and visual way to what degree is possible or not the repair of the electrical or electronic apparatus in question, allowing consumers to have this information totime to contrast different purchase options.
In addition, as indicated in the I Circular Economy Plan two0two1-two0two3, this labeling should include specific information about the critical components that a product and its guarantees can contain in the use of reused products.
Current consumption and growth forecasts for the demand for electrical and electronic devices place us before a serious environmental problem.The challenges to be faced are multiple and complex, and affect all the agents involved in this value chain.Little or nothing is useful.Therefore, the magnitude of environmental challenges is pair of the numerous normative changes that are coming and that will affect this value chain.
The European Union and Spain prepare a set of political initiatives and regulatory measures that affect numerous areas of regulation that, in this area, are demonstrated strongly interrelated.Thus, the measures refer to the scope of ecological design, the energy label, the consumption regulations and guarantees of the sale and the regulation related to chemicals.Computers, mobiles, tablets and loaders are some of the devices that will soon be subject to a new regulation.
The adoption of these measures, to cover sufficient ambition, must place us before the theoretical level of being able to meet the objectives indicated in the Paris Agreement, the European Green Pact, and in the two0two0 circular economy action plan of two0two0.However, areas are detected in which it is possible to continue acting.Thus, for example, it could be advanced in the field of environmental taxation exempting or reducing VAT to repair, remanufacturing and preparation for reuse, as well as to support the use of secondary materials (for example, establishing taxes on virgin materials).As examples of comparative experiences, in Finland, the guarantee terms of products are linked to their life expectancy (so that, in certain cases, they may be broader), and, in France, the practices of programmed obsolescence are typified as a crime, from two0twotwo producers will be forced to provide professional sellers or reparators the necessary information to use 3D impressions to prepare spare parts provided that it is possible, and the producer expanded responsibility systems will finance a “repair fund,”In order to reduce the cost of repair for consumers.
However, the effective fulfillment of all these measures will also depend on what the means that are counted for the control of compliance, as well as to change the strongly entrenched production and consumption guidelines.In fact, much of the initiatives mentioned in this article will be adopted late with respect to the initially provided deadlines, which causes serious environmental costs and economic perceptions for consumers.
ALOIA LÓPEZ FERRO ALOPEZ.Ferro@Terraqui.com
Main photo: spills near Villamanta, Madrid.Photo: @Arurolarena for @Efeverde
Lawyer, Bachelor of Law from the University of Santiago de Compostela (two014), Master of Advocacy from the University of Santiago de Compostela (two016), Master in Environmental Law (two019) by the CEDAT- University Rovira I Virgili.He began his professional career in the private sphere, exercising his own law and collaborating with other self -employed professionals.Likewise, he collaborated and lent legal advice to different entities on environmental law.
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