1. What is the WEEE Directive?

WEEE stands for “Waste Electrical and Electronic Equipment” and refers to an E.U. directive regulating the disposal of electrical or electronic equipment, including all components, subassemblies and consumables, which are part of the products at the time of discarding. The original text can be found here: Directive 2002/96/EC (WEEE) The purpose of this legislation is to increase the reuse, recycling and recovery of electrical and electronic equipment and reduce the amount of equipment going into landfills. The costs associated with the collection and recycling these waste products is carried by the manufacturer/importer. The Ordinance on Waste Prevention, Collection and Treatment of Waste Electrical and Electronic Equipment (WEEE Ordinance) entered into force on 30.April 2005. The provisions regarding the take-back obligation and the obligation for providing financing by products entered into force on 13. August 2005.

2.Are there exceptions or additions to the WEEE Directive in Austria?

There are no exceptions to the WEEE Directive in Austria, however, there are three national additions: 1) National legislation excludes retailers with a sales area of less than 150 m² from the obligation to take back WEEE from consumers on a 1:1 basis; 2) Producers and/or collection and recovery providers must set up at least one collection point per district; 3) WEEE goods must be sorted into five collection categories that reflect the traditional Austrian collection categories (i.e. large appliances, cooling equipment, CRTs, small appliances and gas discharge lamps).

3. What is the RoHS Directive?

RoHS stands for “Restriction of the use of certain hazardous substances in electrical and electronic equipment” and refers to an E.U. directive that is linked to the WEEE directive. The purpose of this legislation is to restrict the use of certain hazardous substances in the production and conversion of electrical and electronic equipment. The original text can be found here:Directive RoHS 2002 / 95 / EC The six restricted substances are Lead (Pb), Cadmium (Cd) - at 0.01 percent by weight, mercury (Hg), hexavalent chromium (CR IV), polybrominated biphenyls (PBB) and polybrominated diphenyl (PBDE) – at 0.1 percent by weight. The RoHS came into force on 1. July 2006.

4. Are there exceptions or additions to the RoHS Directive in Austria?

There are certain exceptions to the directive listed in the RoHS (2002 / 95 / EC) directive itself and which are completed by additional exceptions in effect since 2006:RoHS amendment 2006

5. Which companies are subject to the WEEE/RoHS in Austria?

Companies that are registered for business in Austria and place electric/electronic products onto the Austrian market are responsible for ensuring full compliance with the all elements of the Austrian WEEE/RoHS legislation. This includes local manufacturers, foreign manufacturers with an Austrian subsidiary or sales office, as well as independent importers and distributors.

Companies that are not registered for business in Austria, including U.S. manufacturers and exporters, share the responsibily for Austrian WEEE/RoHS legislation compliance with their local partners. Foreign entities are naturally subject to RoHS legislation concerning hazardous substances in products destined for the Austrian market. Products destined for the Austrian market must also be labeled appropriately, either by the manufacturer or the distributor. WEEE registration and collection requirements rest fully with the distributor.

In the case of products shipped directly to an Austrian end-user, the law requires the seller to carry the recycling cost. This is organized through an agreement between the overseas seller and one of the officially registered Austrian collection and recovery providers listed in this document (question 8).

6. What is the “agent model”?

Foreign suppliers may choose to assume certain WEEE obligations for the Austrian importer as part of a distribution agreement, for example, signing an agreement with a collection and recovery partner and sharing the cost. However, as far as administrative law is concerned, the responsibility rests fully with the importer!

7. How is the WEEE/RoHS being implemented in Austria?

The implementation of the WEEE/RoHS in Austria is best seen in five parts: labeling, RoHS content compliance, registration, collection and recovery, and treatment.

7a) Labeling

Electrical and electronic devices are to be labeled permanently with a clearly visible and legible symbol: a crossed-out dustbin on wheels. The symbol is available electronically here:Symbol(Download 69.25 kB)

7b) RoHS Content

It is prohibited to market electrical and electronic devices containing higher than allowed levels of the environmentally hazardous substances listed in RoHS. Selling appliances containing these substances is prohibited at all levels of trade.

7c) Registration

Austrian entities that produce or distribute electric or electronic goods in Austria, including the offices of foreign manufacturers, are required to register with the WEEE/RoHS implementing body:Registration

7d) Collection and Recovery

Most manufacturers and distributors are obliged work with a collection and recovery provider that is registered with the Ministry for Environmental Affairs. Each of these providers has an agreement with the Austrian coordinating agency (Elektroaltgeräte Koordinierungsstelle or EAK Austria GmbH). The collection and recovery provider makes an estimate of how many units will be sold within a particular time frame, and the cost to collect and recycle those units is calculated and billed to the manufacturer/distributor. The provider is then legally responsible to ensure that collection points and recycling facilities are prepared to accept the products in question. There are currently four such providers operating in Austria (a list appears in section 8).

Retailers are obliged to take back waste electrical and electronic equipment when the consumer buys a new, equivalent device. The waste equipment is brought to a collection center, then in further consequence to a recycling center.

If producers or importers assume collection and recovery obligations by themselves, all their products must bear a company logo in order to make them identifiable, and they must conclude individual agreements with potential points of collection. At this time, individual collection and recovery is permitted only for commercial equipment that is too bulky for local collection systems.

7e) Treatment

Waste equipment is to be recycled in such a way that the highest feasible share be reused. Depending on the device, minimum material recycling quotas are 50%-80%. For specific information about the treatment requirements, please see:Ordinance on Waste Treatment Obligations (Non-authorized translation)

8) Who are the legally registered collection and recovery providers in Austria?

ERA – Elektro Recycling Austria
Mariahilfer Strasse 123
A-1062 Vienna, Austria
Phone: +43 (0)1 595 26 36-0
Fax: +43 (0)1 595 26 36-700
E-Mail:office@N0SPAM.era-gmbh.at
Homepage::http://www.era-gmbh.at

ERP - European Recycling Platform
c/o HP GmbH
Wienerbergstrasse 41
A-1120 Vienna, Austria
Phone: +43 (0)1 610 50 ext. 181
Fax: +43 (0)1 610 50 75
E-Mail:helmut.kolba@N0SPAM.eu.sony.com
Homepage:http://www.erp-recycling.org

EVA Erfassen und Verwerten von Altstoffen GmbH
Ungargasse 35
A-1030 Vienna, Austria
Phone: +43 (0)1 714 20 05-0
Fax: +43 (0)1 714 20 05-40
E-Mail:office@N0SPAM.eva.co.at
Homepage:http://www.eva.co.at

UFH - Umweltforum Haushalt
Mariahilfer Strasse 37-39
A-1060 Vienna, Austria
Phone: +43 (0)800/10 44 10
Fax: +43 (0)1/588 39 94
E-mail:info@N0SPAM.ufh.at
Homepage:http://www.ufh.at

9) Who is the WEEE coordinating agency in Austria?

The Office of the Coordinating Agency for Waste Electrical Equipment (Elektroaltgeraete Koordinierungsstelle) was opened on 8. August 2005. This body lays down the provisions for compliance with the WEEE/RoHS requirements, defines the collection and financing shares of the collection and recovery providers, and regulates their activity.

Elektroaltgeräte Koordinierungsstelle
Austria GmbH
Mariahilfer Straße 84
1070 Vienna
phone: +43 1 522 37 62-0
fax: + 43 1 522 37 62-19
email:office@N0SPAM.eak-austria.at

10) Are there other important contact points in Austria?

Ministry of the Environment:
Bundesministerium für Land- und Forstwirtschaft, Umwelt und Wasserwirtschaft,
Stubenring 1, A-1012 Wien
Tel.: (+43 1) 711 00-0
Internet:http://www.lebensministerium.at

Federal Economic Chamber:
Wirtschaftskammer Oesterreich
WiednerHauptstrasse 63, A-1041 Wien
Tel.: (+43 5)90 900-0
Internet:http://www.wko.at

Vienna Economic Chamber:
Wirtschaftskammer Wien
Stubenring 8-10, A-1010 Wien
Tel.: (+43 1) 514 50
Internet:http://wko.at/wien

11) Helpful Links

Frequently asked questions about the WEEE and RoHS ordinances
EURO
Umweltbundesamt Österreich
Fachverband Elektro- und Elektronikindustrie Österreich
US Environmental Protection Agency
European Lead Free Network
EU-LIFE (Financial Instrument for the Environment)

12) Who is my WEEE/RoHS contact at the U.S. Commercial Service in Vienna?

Marta Haustein
Tel. (+43 1) 313 39-2205
Fax (+43 1) 310 6917
Email:marta.haustein@N0SPAM.mail.doc.gov

13) Your chance to comment

The European Commission has employed consultancies Ecolas and Risk and Policy Analysts to assist in gathering information on problems being encountered by stakeholders in the implementation of the WEEE and RoHS Directives. The companies published some questionnaires in the Spring, which did not elicit levels of feedback that were deemed to be sufficient. They have now issued new documents, with a new deadline for comment: September 30th, 2007. We strongly encourage US companies and trade associations to provide feedback on the problems experienced with WEEE and RoHS, since the upcoming revision has the potential to greatly improve the way these pieces of legislation work. The deadline for comment is tight, but we believe information provided after that date will be of interest to the European Commission regardless. The documents are available on our Brussels office's web site. Although this is not a U.S. Government consultation, we encourage you to copy us on your submissions, using this email address: Brussels.EC.Office.Box@N0SPAM.mail.doc.gov . All information received will be treated as strictly confidential.