Hong Kong Considers WEEE Legislation
January 30, 2010
Hong Kong - Product Take-Back
On January 18, 2010, the Environment Bureau of the Hong Kong SAR Government issued a consultation document, "Safe and Sustainable: A New Producer Responsibility Scheme for Waste Electrical & Electronic Equipment" ("WEEE Consultation Document"). The WEEE Consultation Document seeks public views on introducing legislation to implement a mandatory producer responsibility scheme for the management of waste electrical and electronic equipment (WEEE). The WEEE Consultation Document sets forth eleven (11) specific questions that the Environment Bureau is requesting public comments on in addition to welcoming general views and comments. Comments must be received by April 30, 2010.
The current Environment Bureau proposal would require consumers to contribute to the costs of collecting and treating regulated products either through (a) a fee at point of sale or (b) a fee at point of import paid by the importer or distributor and incorporated into the product. Importers and distributors are expected to share in the customer cost for recycling, rather than making consumers pay for the entire recycling charge. The Government will set a standard charge for regulated products. The initial list of "regulated products" includes television sets, washing machines, refrigerators and air conditions, and computer products (including personal computers, laptops, printers, scanners and monitors). Fees being considered are $100 for small WEEE (i.e. small television), $200 - $250 for bulky WEEE (such as a large televisions, refrigerator or washing machine), and lower fees for computer products.
Importers, distributors and retailers will be expected to ensure that regulated products are properly labeled before sale. Retailers would be required to accept used equipment free of charge when the consumer purchases an equivalent new product. Labeled products would be accepted at other collection location free of charge.
Recycling standards would also be implemented for second-hand dealers and recyclers, the government also proposes that it will appoint a WEEE Management Contractor (WMC) (possibly more than one will be appointed) to establish an efficient system for collecting the regulated products from the various collection outlets, construct licensed recycling facilities, develop an education/publicity program to promote the re-use and refurbishment of WEEE, and meet the terms and conditions set forth by the Government (including recycling targets). One method that the Bureau proposes for treating WEEE is to extend the requirements of the Waste Disposal Ordinance to cover any person involved in dismantling or recycling regulated WEEE regardless of whether hazardous constituents are involved. Finally, in order to prevent dumping of products from other countries into the Hong Kong system, the Bureau proposes to implement permit control for export and import of used WEEE.
The proposal also encourages recycling collection points and methods to be convenient for consumers. The WEEE Consultation Document highlights the importance of convenience as a way to deter the existing practices of dumping electronic products.
In addition to general views on the proposal, the Environmental Bureau''s specific questions include the following:
(a) Should the WEEE Scheme cover (i) television sets, washing machines, refrigerators and air conditioners, and (ii) computer products?
(b) Should we introduce a licensing requirement for the dismantling and recycling of regulated WEEE and for the storage sites for used regulated products and regulated WEEE?
(c) Should regulated WEEE be banned from disposal as ordinary trash and be collected separately for recycling?
(d) Should retailers offer consumers mandatory take-back services free of charge on a "new for old" basis?
(e) Should we apply permit controls to the import and export of used regulated products and regulated WEEE?
(f) Should some form of fee be introduced to recover the costs of the WEEE Scheme?
(g) Is an end-of-life fee infeasible in Hong Kong? Should a fee at the point of sale be applied instead?
(h) If we decide on a fee at the point of sale, should it be incorporated into the retail price as a combined payment?
(i) Under the "polluter pays" principle, the full costs of the scheme should be recovered. Should this principle be applied fully, with WEEE producers, including manufacturers, importers, brand agents, distributors, retailers and consumers, sharing out the full costs?
(j) Are there other stakeholders who you think should also share the costs?
(k) Is it appropriate or necessary for the Government to provide some initial support to kick start the WEEE Scheme and facilitate the development of the recycling industry?
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