How do the Regulations affect you?
The Government has a number of fact sheets on its web site which are very helpful and explain the regulations clearly: http://www.environment.gov.au/settlements/waste/ewaste/index.html
- Product Stewardship Act
- Product Stewardship (Televisions and Computers Regulations – 2011
- Liable Parties
- Co-Regulatory Arrangements
- Guide for Local Government
- Role of Recyclers in the Scheme
What is an Approved Arrangement?
An Approved Arrangement is an organisation that undertakes a set of activities or measures taken, on behalf of liable parties, to achieve the outcomes and requirements specified in the Product Stewardship (Televisions and Computers) Regulations 2011.
Under the Regulations, television, computer and computer product importers and local manufacturers will meet their obligations by becoming a member of an approved arrangement that collects and recycles waste television and computer products on their behalf. For the arrangement to be approved, the administrator must apply to the Minister or his/her delegate for approval.
Under the Regulations, television, computer and computer product importers and local manufacturers will meet their obligations by becoming a member of an approved arrangement that collects and recycles waste television and computer products on their behalf. For the arrangement to be approved, the administrator must apply to the Minister or his/her delegate for approval.
Who funds the collection and recycling?
The scheme is funded by Liable Parties. Liable parties are organisations that import more than 5,000 televisions or computers, or 15,000 computer products. There is no direct Government funding of the scheme. Drop off of end of life television and computer products at an approved arrangement’s site is free to members of the community or small business.
What about legacy systems, orphans, and “white box” products?
All end of life televisions, computer and computer peripherals regardless of date of manufacture or manufacturer will be accepted and recycled under the Scheme.
How does this scheme compare with those operating overseas?
All current overseas models were reviewed as part of the scheme development. The scheme adopts aspects of a number of different models and reflects those considered most suitable for Australia.
In particular the “waste arising” approach where liable parties pay on the basis of the actual waste that is collected rather than a fixed fee for every product sold was considered to be fair and efficient. Each Liable Party will pay for their share of the waste according to their current market share of imports and manufacturing.
In particular the “waste arising” approach where liable parties pay on the basis of the actual waste that is collected rather than a fixed fee for every product sold was considered to be fair and efficient. Each Liable Party will pay for their share of the waste according to their current market share of imports and manufacturing.
Why did the Regulator adopt a co-regulatory model?
The co-regulatory model means that while government provides a regulatory safety net to ensure a level playing field and that all Liable Parties participate, it is up to industry how it achieves the outcomes specified in the regulation. Co-regulation allows industry to design competitive flexible recycling programs that will minimise costs to consumers while leaving government to focus on policing and compliance.
Are business products covered too?
The regulation does not distinguish between business and consumer products except to say that products brought to a recycling centre by consumers or by small businesses must be recycled for free. Many Liable Parties already have their own commercial arrangements for collecting and recycling products from their business customers. These programs will continue under existing commercial terms and the Liable Parties will report the volume that they have recycled to their Approved Arrangement. B to B product that has been recycled by Liable Parties will count towards the recycling targets.
What are the conversion factors and where did they come from?
The government has used Customs data as the means of determining which importers are Liable Parties and also to calculate individual liable party market shares. In many other countries, liable parties report their actual weight however the Government preferred customs data because it is information that is independently available to them.
As customs data is only available in units of product and because recycled waste is measured in weight (tonnes) it was necessary to convert the units to weight. The conversion factors were developed by the government based on information provided by importers on the total number of units and their actual weight imported over the past 3 years.
They will be regularly reviewed under the legislation.
In some product classes, a range of products that are very heavy and others that are very light are included. Industry has made a submission to the government to review some of the tariff codes so that like-weight products can be classified together.
As customs data is only available in units of product and because recycled waste is measured in weight (tonnes) it was necessary to convert the units to weight. The conversion factors were developed by the government based on information provided by importers on the total number of units and their actual weight imported over the past 3 years.
They will be regularly reviewed under the legislation.
In some product classes, a range of products that are very heavy and others that are very light are included. Industry has made a submission to the government to review some of the tariff codes so that like-weight products can be classified together.
If I am a Liable Party how much will I have to pay?
The amount that you will have to pay depends on your market share of the total products imported in your class of products. If you are a Liable Party you should by now have received a letter from the Government with an attachment called Statement of Advice on Record of Imports 2010-2011. The following example shows the type of information included in the letter.
Adapted from information provided in Liable Party Letter from Government
Adapted from information provided in Liable Party Letter from Government
|
Tariff Classification no./stat. code |
Applicable
Threshold |
Number
of Products (Units) Imported in 2010-2011 |
Conversion
Factor Kg/unit |
Converted
Weight of Products (kg) |
|
8443.31.00.61 |
Computers
& Printers |
300,000 |
8.7 |
2,610,000 |
|
8473.30.00.70 |
Computer Products |
250,0000 |
1 |
250,000 |
|
8528.72.00.16 |
Televisions |
200,000 |
30.1 |
6,020,000 |
Sample Table 3: Totals of Converted Weight by Product Class in Liable Parties Letter from Government
|
Product Class |
Liable
based on own imports? |
Total
Converted Weight (kg) |
|
Televisions
|
Yes |
6,020,000 |
|
Computers
Printers & Computer Products |
Yes |
2,860,000 |
Government Calculation of Total Waste Arising for 2010/11 was as follows:
(Note this information has been provided by the government but is not included in the Liable Parties letter*)
|
Product Class |
Total
Imports for 2010/2011 (Tonnes) |
Your
Market Share
* |
Total
Estimated Available Waste for 2010/2011** (Tonnes) |
First
Year Target (30% of available waste for both product classes) (Tonnes) |
|
Computers, Printers and Computer Products |
91,000 |
3% |
84,144 |
25,000 |
|
Televisions |
70,000 |
8.6% |
66,315 |
20,000 |
* The Formula for how the government calculates total available waste is set out in the Regulations. These are the numbers that they have provided for 2010/2011.
Calculation of your Market Share
Calculation of your Market Share
|
Product Class |
Total
Converted Weight of the products that you imported (from Table 2) |
Total
Weight Arising Nationally (from Table 3) |
Your
Market Share (Column 1 ÷ Column2 ) |
Your
Share of the First Year Target (Your share x Target from Table 3) |
|
|
Column1 |
Column 2 |
Column 3 |
Column 4 |
|
Computers, Printers and Computer Products |
2,860,000 Kg 2,860 Tonnes |
84,144 Tonnes |
3 % |
750
Tonnes |
|
Televisions |
6,020,000
Kg 6,020
Tonnes |
66,315
Tonnes |
9% |
1800 Tonnes |
Please note that this is an example only to allow you to estimate your market share. The real data for the first year’s targets ie total waste arising estimated by the government will not be available until September 2012, when actual unit imports for the Fiscal year have been reported by Customs and ABS.
If you would like assistance in calculating you market share please contact us.
Note that liable parties will not be paying the government directly, they will be paying the Approved Arrangement they join. The Arrangement will charge its members (liable parties) as outlined below. If you are a Liable Party then you must join an Approved Arrangement or set up your own. The Government requires the Approved Arrangement to recycle e-waste equating to the total market share of its members in each product class. The way that the Arrangement charges Liable Parties is up to each Arrangement.
Some of my Products are imported and then exported again
The regulations allow companies to report through an Approved Arrangement the number of products that have been imported into Australia and then exported within twelve months. This will reduce the number of products counted towards your market share. If you wish to take advantage of this option then it is important that you keep records in a form that will enable you to prove that the imported products were exported within twelve months of the import.
What about products that are exported for re-use?
If you are exporting products for re-use it is important to make sure that you are complying with the Hazardous Waste (Imports and Exports) Act i.e. the products must be in working order. Information about these products is not recorded under the regulations but is covered in the formula that calculates the expected amount of available waste. The formula assumes that products that are sold are generally replacing old products that will be discarded. However it includes a factor that takes into account growth i.e. new products that do not replace old products and also the fact that some of the used product will be exported for re-use.
ANZRP - by industry for industry
ANZRP is a non profit company established by industry with the sole purpose of providing a simple and cost effective solution for Liable Parties to meet their obligations under the PS Regulations. Membership of ANZRP is open to all Liable Parties importing or manufacturing TVs or Computers. Membership of an industry association is not required to join. As a company limited by guarantee, ANZRP will have a Board that is composed of independent directors with appropriate business skills and directors nominated and elected by the members. This means that industry can maintain control and transparency and ensure continual focus on delivering the recycling programs as efficiently as possible while maintaining strong environmental and health and safety standards. ANZRP has been based on European industry-run programs which have been proven to provide the most effective solutions for industry.
ANZRP Pricing Strategy
ANZRP will become an Approved Arrangement along with others. The charges per tonne of e-waste have not yet been determined due to some extent the fact that they depend on the number of members and the volume of waste to be collected. However there are some agreed principles:
- The cost per tonne will be based on the best market rates available while ensuring compliance with legal and social obligations
- It is likely that there will be different charges for different product types due to the different costs for recycling different product types
- Importers who service the Commercial sector only (B to B) will continue to operate their existing commercial take back arrangements and will report their contribution towards their target through ANZRP. There will be a small fee for this service
- Due to the fact that it is a non profit member-based company there will be continual scrutiny of costs and an ongoing determination to find ongoing efficiencies and cost reduction.
When will I have to start paying?
It is expected that ANZRP will be approved by the government and will begin registering members early in 2012. Liable parties must have registered with an Approved Arrangement by 1 April 2012 and it is expected that some fees will be incurred at the time that you register.
ANZRP will take advantage of the option in the regulation to count products recycled from 8 November 2011 towards the first year’s target. This means that progression towards the target can be smoothed somewhat and valuable information will be gained in the early start up phase that will allow understanding and management of volumes as the program is rolled out nationally. Some Liable Parties may choose to participate in this early phase.
ANZRP will take advantage of the option in the regulation to count products recycled from 8 November 2011 towards the first year’s target. This means that progression towards the target can be smoothed somewhat and valuable information will be gained in the early start up phase that will allow understanding and management of volumes as the program is rolled out nationally. Some Liable Parties may choose to participate in this early phase.
ANZRP Product Stewardship Program -
The ANZRP recycling of end of life product will be program managed by Infoactiv Group (IAG), one of Australia’s leading e-waste management firms. The role of Infoactiv will be to deliver the services according to Industry specifications using a competitive supply chain and multi-party logistics model while ensuring strong environmental, health and safety standards. IAG has extensive Australian and International experience operating successful e-waste collection and recycling programs for IT equipment, consumer electronics and mobile phones. The company has already diverted many tonnes of e-waste from Australian landfills and delivered significant savings to well known brands.
Competitive Collection and RecyclingUnder the ANZRP model there are a number of approved transport providers and recyclers. This means that the service can be tailored depending on the collection and recycling locations to provide the best cost/service/carbon outcome
Flexible Collection ServicesThe program will combine fixed collection services (starting with established sites), and regular e-waste events. This will allow flexibility to meet demand where it is needed and to control volumes during the early phase to avoid overwhelming collectors and recyclers and to spread costs for Liable Parties.
Approved Collectors and Recyclers – Safeguarding your reputationE-waste Collectors and Recyclers under the ANZRP co-regulatory arrangement will have to meet the requirements of the Interim Industry Standard (IIS) for Collection, Transport and Recycling of End of Life Televisions and Computers. A copy of the IIS is available on the ANZRP web site anzrp.com.au. The purpose of the Standard is to ensure that all parties involved are complying with their legal obligations for the management of health, safety and environmental risks. The standard also requires that Recyclers audit their downstream suppliers and provide evidence that all e-waste and its broken down components are disposed of legally and safely. For Recyclers, compliance will involve an initial audit of all approved sites by a third party with ongoing surveillance audits.
Product Re-useUnder the waste hierarchy (avoid, re-use, recycle) product re-use should be preferred over recycling. ANZRP and IAG will be working with local government, NGOs such as Planet Ark and Charities to ensure that information is available to consumers about which products are suitable for re-use and advising which existing channels are in place to handle those products. The aim is to divert working product, for which there is a market, to the appropriate channels before it is disposed of at end of life.
Once product is disposed of at an ANZRP approved site it will be recycled in accordance with the Interim Industry Standard and auditable records maintained of how the components are disposed of. This is to avoid the illegal international trade in e-waste. It is well documented that much product which is apparently legally sold as working product ends up as e-waste in third world countries where it is recycled in ways that are extremely damaging to the people involved and the local environment. |
