The Circular Future - A Quantum Lifecycle Partners podcast

44. Navigating European Legislation for Sustainability

• Quantum Lifecycle Partners • Season 1 • Episode 44

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In this podcast episode, Stephanie McLarty speaks with Julie-Ann Adams about the evolving landscape of European legislation affecting sustainability, particularly in the realms of e-waste and battery recycling. They discuss the complexities of the EU Waste Shipment Regulation, the implications of the Basel Convention changes, and the upcoming battery legislation. Julie-Ann emphasizes the importance of understanding these regulations for companies operating in or exporting to Europe, highlighting the need for proactive measures to ensure compliance and sustainability.

Takeaways

  • Europe is leading in environmental protections and legislation.
  • The EU Waste Shipment Regulation has new administrative requirements.
  • The Basel Convention now bans hazardous waste shipments to non-OECD countries.
  • Battery legislation will require removable batteries by 2027.
  • Companies need to understand the complexities of EU regulations.
  • Networking and joining professional associations are crucial for compliance.
  • Digital tracking of hazardous waste will enhance transparency.
  • Proactivity is essential for companies to remain competitive.
  • Understanding the supply chain is vital for compliance with new laws.




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Want to be a guest on The Circular Future podcast? Email Sanjay Trivedi at strivedi@quantumlifecycle.com


Stephanie McLarty:

In today's interconnected world, new legislation around the world can have a significant impact on your organization. So what's happening in Europe? Welcome to the circular future, your access to thought leaders and innovations. To help you be a business sustainability champion, even if it's not your core job. I'm your host, Stephanie McLarty, Head of Sustainability at Quantum Lifecycle Partners, your trusted partner in electronics circularity. Even if you don't do business in a particular country, you may be affected by its laws indirectly through the trickle-down effect of supply chains. Today, we're going to cover new European laws that you should be aware of and may affect you even if you don't operate in Europe. With me is Julie-Anne Adams, Secretary General of the European Electronics Recyclers Association and the European Battery Recyclers Association. Julianne has been working in the field of waste electronics and batteries within Europe and on a global platform for 25 years. Welcome to the podcast, Julianne.

Julie-Ann Adams:

Yes, thank you very much. Nice to meet you. Thank you very much for the invitation to join you.

Stephanie McLarty:

Well, we are delighted to have you here and I must say I don't know that we've ever had anyone on the podcast who represents really three organizations. So you represent the European Electronic Recyclers Association, the European Battery Recyclers Association and Really Green Credentials. That is a lot. You must be very busy.

Julie-Ann Adams:

Yes, it seemed like a good idea at the time, but they're all interconnected and so Really Green Credentials is my own consultancy. I've had that since 2008, having previously owned and managed an e-waste recycling plant in the UK and also before that as an environmental and planning lawyer. So, 2008,. I set up my own consultancy, developed into auditing and developing standards for e-waste and reuse of e-waste and batteries had a battery collection system. So, yes, all sorts of things.

Julie-Ann Adams:

Era is the only dedicated professional association for e-waste reuse operators and recyclers and the final end processing, like the aluminium and the copper and the plastic. And ebra is the only dedicated professional association for battery collectors, sorters, logistics and recyclers. And both of those associations cover the continent of Europe, so it's not just limited to the European Union. So, for example, it includes the United Kingdom, switzerland and Norway, just the three main ones within the continent of Europe. And so, yes, it's a busy job, but it's one I've been doing a long time, so I could probably do most of it in my sleep. Certainly, you know there's not a lot gets past me now as to what's new.

Stephanie McLarty:

Well, I'm delighted to pick your brain then on this podcast and this whole space. Okay, so you mentioned ERA, which is the European Electronics Recyclers Association, and EBRA, the European Battery Recyclers Association. We love acronyms, but sometimes we need to spell them out. I agree. So we always start the podcast with a little peek into your world, but you've actually really already given us a little bit of what else would you say, what would be some things that we wouldn't necessarily know about your work.

Julie-Ann Adams:

And so Europe is, I think, quite advanced globally in terms of ensuring environmental and health and safety protections protections and so my role in the last 25 years has been as a recycler, as a collector, developing treatment standards and reuse standards and auditing as well. I've done with my team at the time. I've stopped doing them now, but we did nearly 800 audits right across Europe. I've also worked for producers in Asia, looking at their downstream and also out working with American companies and Canadian companies importing into Europe or exporting out of Europe, which are ever-involving, as well as concerns that operators have in Europe that their voice can all join together to hopefully impact a change.

Stephanie McLarty:

Now, when we sit here in North America, we often group Europe as a whole, but there often can be differences. You mentioned continental Europe versus UK. How should we wrap our heads around this whole concept of Europe and how the laws apply?

Julie-Ann Adams:

So you basically have sort of two areas. That really is the easiest way to think of it. So one is the European Union, which, following Brexit, now has 27 European members, and that includes the Republic of Ireland as well, and France and Germany and so on. Then you have the United Kingdom, who are part of the EEA European Economics Affiliation, I think that the A stands for and then you also have countries like Switzerland, switzerland who sort of are standalone. So basically you've got the EU and everybody else.

Julie-Ann Adams:

Unfortunately, if you take the EU redirective as a bad example, the redirective is aimed at European Union members and because it's a directive, it means that member states France, germany could take that legislation in the directive and put their own wording in. So what we have is one directive but 27 different versions. And if you take Germany further, they're a federal country and so they can have different rules within each federal area of European Union and everybody else. And then, of course, you have that third sector, the third ring, which is outside of all of that. So Canada and the US and Japan and Asia and so on. Very cool.

Stephanie McLarty:

Okay, I was just going to say it's not necessarily an easy answer, but thank you for that. It's been often said that whatever is happening in Europe is probably three or so years away to being implemented in Canada and perhaps after that the United States and beyond. You are leaders in Europe, so that would be one reason for companies to pay attention to what's happening in Europe, to what's happening in Europe. But, in your words, what would you say are the reasons why non-European companies should pay attention to what's happening in Europe?

Julie-Ann Adams:

And any company importing or exporting into Europe if we call it as a whole really does need to pay attention so that not only the the waste situation at the end of life, but also if you're a manufacturer and you you want to sell your products into Europe very important because there are new laws for for that to do with environmental protection as well. So electronic equipment has to now comply with eco and green legislation. They have to have eco design, they have to consider the end of life. Very shortly they're going to have to consider having removable batteries, so a product will not be sold, be able to be sold in europe and the uk will follow if the battery cannot be removed by the end user, the consumer, for example, or by a professional. So that's one very good reason is that it's not just about waste and it's not about the end of life, but it is about this, you know, sort of cradle to the grave, as they call it. The other reason is that consignments can be stopped. The other reason is that consignments can be stopped, so not only imports of whole equipment, but also exports of materials that are outside of Europe. They might want to have copper being one, aluminium being another, electronic components and so on, circuit boards, if they're stopped at a port because the paperwork is incorrect, that can cost a lot of money and a lot of time. So demurrage charges, storage charges, missing a ship, missing the tides, you know all these things and obviously they're not having the materials that you might need, especially in today's world of the sort of the concerns about the, the numbers of critical raw materials.

Julie-Ann Adams:

So you know China is ring-fencing everything and holding onto it, and that's obviously where most of the world's manufacturing takes place. But other manufacturers outside of China really need to consider their supply chains. So it's very important to monitor what happens in Europe, and I totally agree that what happens in Europe does filter down. I've been out to many conferences in the US with INSRI, which is now REMA, and a couple of years back I said, oh, there's the e-waste Basel codes and they're going. No, it's not going to impact us. And of course now it is, and so that's one example Examples of environmental protection controls on shipments and exports right across the world. So you know there is a lot of things that happen in Europe that will filter down. Australia are also following it and I know other countries and regions have copied European law and are implementing it. Canada and Australia are at the forefront.

Stephanie McLarty:

Right, and I know we're not going to cover today about the CSRD, for example, the Corporate Sustainability Reporting Directive but that's another great example of how it started in Europe, and Canada and Australia are following suit with their own versions, so I'll have to stay tuned on that.

Julie-Ann Adams:

Yeah, and there's already been big fines, big fines for companies importing into Europe that haven't complied.

Stephanie McLarty:

Right, so fines. There's another reason to stay on top of this whole area. Yeah, so we're going to talk today about three new legislations the EU waste shipment regulation, the Basel Convention changes and the battery legislation, article 8. Before we get into all of those and you've explained how when we think about Europe as a whole, it's actually quite complex. So how do these three legislation apply into this concept of Europe? I mean, who is truly impacted by them? Geographically? You know the type of companies or even the size of companies.

Julie-Ann Adams:

I mean primarily the United Kingdom following Brexit. I have an Irish passport so it doesn't impact me, but in the United Kingdom we have Northern Ireland and there's a special arrangement currently from Northern Ireland to the Republic of Ireland and a lot of materials and products, you know, transfer from the north to the south daily, and so that's a complex area and the rules are changing and the administration is changing From the UK into mainland European Union, where a lot of the materials are processed or made. Even there are again additional administration rules, much more documentation and documents. In terms of providing financial guarantees. Switzerland is kind of the same, but they tend to be more autonomous and just sort of really work on their own. They have some e-products coming in and some waste coming out, but generally speaking they run on their own.

Julie-Ann Adams:

Within the European Union, as I mentioned, you can have different versions and that's what ERA and RIBA really advocate for. We need a harmonious approach because our members don't just live and work and trade in one country. You know they want to put things on a truck and drive them from France to Poland and you know if the legislation changes between each country it has to drive through, it becomes very, very difficult and you know, and the operators, the recyclers, have to try and, a know what to do, b ensure their staff training is up to date and their drivers are up to date and their paperwork is up to date, and somebody has to pay for all of that. And with the legislation, that's all going back on the producers, the manufacturers. So, yeah, it's very hard, very hard.

Stephanie McLarty:

And for the size of companies that are impacted by these legislations, it's basically any size. If you're doing business, then you need to pay attention to this.

Julie-Ann Adams:

Yeah.

Stephanie McLarty:

Okay, any size at all there's no diminutiveness. Okay, so let's start with the EU waste shipment regulation and I'd love for you to give a little overview of what this legislation is and, you know, even like opportunities and challenges around it.

Julie-Ann Adams:

Yes, we probably haven't got all day, but I'll try and say we don't. So we currently have sort of two running parallel. We have what we call the current or old waste shipment regulation and then we have the new waste shipment legislation that came into force last year. That um? Um involves lots more um sort of administration requirements, but actually it also eases things, because there are a lot of problems in the current one because member states can make up their own mind and some might take six months, some might take four years to get a notification through, which is just crazy. So there's more time constraints on member states for them to work to a proper timetable, which is great for everybody else. There is also more in the new waste shipments about the harmonization and also a digital tracking system that will come into place in 2026. So only hazardous waste, as an example, will then have to be tracked digitally and through the pre-informed consent process, so that there's much more transparency on where things are going and the volumes and the type of materials.

Julie-Ann Adams:

There is also one big change and a lot of materials from e-waste and battery recycling is exported out of Europe currently, and the big change in November 2027 will be that any outside recycling company will have to provide an independent, verified audit to a company wishing to import to them, to a company wishing to import to them. So the verification and audit process is still being decided. But it has to be done by the country of destination. So it has to be, you know, you can't just have you know, sort of me saying, oh, I'm an auditor, I can sign off your report. It has to be a proper auditing company and so that's going to be quite complex. As I said, the details aren't known, which isn't helping um, and we have more details in the waste shipment regulation than we do in the other two um. But you know, if you're an operator you need to be planning in advance and things can take time and getting a notification approval to move waste, especially hazardous waste, as I say, can be anywhere from six months to.

Julie-Ann Adams:

Let's say, we have one of our members who's been waiting four years to move plastic, four years from plastic to Portugal, you know, and it's a verifiable, licensed site, it's going to, but the Portuguese authorities are going. Oh well, can you just tell us about this one question, because they're allowed to do it and transit countries are just a nightmare. So you know, if your ship port um docks in malta, you could wait another eight months before the maltese competent authority say oh well, okay, it doesn't matter, it's not even being unloaded. Wow, you know that the waste shipment regulations started in the 1980s to try and prevent hazardous waste from ending up in ghana and and so on, just in all these dump sites. But it hasn't moved with the times. You know ships have changed and so you know the methods are very different. But I'm on a couple of the UN groups trying to update and upgrade the guidance. But that's a very slow-turning ship.

Stephanie McLarty:

We hear here in North America about the work you're doing on digital product passports. You mentioned about the digitization of tracking everything. Is there a connection there, or will there be a connection, do you think, with the digital product passports?

Julie-Ann Adams:

Not to do with the waste shipment regulations. That's more about the consignment documents, um, and the battery regulations. Are implementing the battery passports sooner than the we regulations, the e-waste regulations. So, um, the two are quite different, although, as I say, at the moment we don't know. We don't even know where it's going to be um, upended, let alone how, what it looks like. But they've got until August next year for the way shipments and the battery regulations to get this sorted.

Stephanie McLarty:

So August this year beg your pardon, we're 2025. We're in 2025.

Julie-Ann Adams:

Yeah, I know exactly. So, yes, the time is ticking, but you know the people in the European Commission. They're not industrial people, they're not um, you know most of them. Some of them are, but most of them are not. So they don't understand the complexity of the the supply chain. They don't understand how things are collected and the digital product passport if we move on to that and the e-waste regulations are going to be very difficult because they're that there's not going to be one solution, so a producer can find their own solution, which means everybody else has to try and work out where that information is.

Julie-Ann Adams:

But it's basically aimed at updating and giving consumers better choice. So if you wanted a new washing machine, you could scan a QR code at your retailer and it would tell you. You know what its environmental merits are, what its energy use is, where it was made, if it's got any hazardous substances in, if it has been prepared for reuse as well. That will also be in the product passport, which will be useful because people can make an informed choice rather than you know believing an advert or something. Informed choice rather than you know believing an advert or something.

Stephanie McLarty:

So there are benefits, but when it gets to recycling, it's just going to, you know, be chaos, but we'll see.

Julie-Ann Adams:

Okay, that will be a future podcast episode. Yeah, yes, yes.

Stephanie McLarty:

Let's talk about the third one, which is the battery legislation, Article 8. What is that?

Julie-Ann Adams:

Yes, so Article 8 is where everything is supposed to come together, it's supposed to be, it's supposed to be implemented I think it's the 25th of august, the 18th of august this year, um, where there is supposed to be the rules and the, the, the sort of the guidance, if you like, the details of what happens for battery collections, battery targets, the CO2 calculations and recovery and recycled material content. The commission are very far behind, in my opinion. You know we're talking about August, so that's like eight months, seven months now, and we're still discussing. You know, the finer points. Some things are getting to a conclusion, one being the, as I mentioned earlier, the removability of batteries. So by 2027, no product can be placed on the market where a battery cannot be removed.

Julie-Ann Adams:

They produced the Joint Research Council, for the Commission produced quite a good document, 27 pages but not once did it mention what you do with the battery when you take it out, which was a bit of a flaw in my opinion, because it's supposed to be the safety paragraph saying when you've removed the batteries consumer or professional person you need to dispose of it responsibly in the right container, tape up the terminals.

Julie-Ann Adams:

You know that sort of thing, just, you know, not too overly complex but um, but yes, it's, it's. It's a challenge, and the the methodology of um, as another example of co2 um calculations impacts producers, because that's where it starts. So producers of batteries have to be talking to their supply chain to say, okay, what's your co2 footprint? How you know, we need to determine our share because we're the ones that are responsible, um, and so the methodology of that is, again, not completely finished. We're're really urging the Commission to make sure that European recyclers are not penalised by this, by making sure that all the rules and regulations and licensing and costs that European operators have must be replicated in other countries. So if you're making batteries in China, as an example, you need to be meeting the same kind of obligations and reporting as anybody in Europe, otherwise you don't have a level playing field.

Stephanie McLarty:

So very important, absolutely and certainly international standards aim to level that playing field right. Yes, yes, yes, especially through harmonization.

Julie-Ann Adams:

Yes, Having been involved in drafting standards, you know they can take years, so the one took.

Stephanie McLarty:

I think it was seven years before we finalized it.

Julie-Ann Adams:

So yeah, I'll probably be retired by the time it comes in.

Stephanie McLarty:

So we'll definitely have to stay tuned on this battery legislation as it comes out and what the final details are in summer 2025. Okay, Julianne, let's move into our how-to section of the podcast, where I ask you how-to questions, and I have to admit you've given us so much information and so much to think about. How do we actually wrap our heads around? It is the next step. So, first question how to decide what actions to take in all of this? We know there's new legislations like what do you actually do as a company?

Julie-Ann Adams:

If you're a recycling company or you are in receipt of waste materials, you really need to be making sure you're following all the legislation and obviously joining a dedicated professional association is step number one, but also, you know, having competent staff on board liaising with other stakeholders. You know we have many networking events between the e-waste members and the battery members because you know they need to share that information. That logistics is one big thing making sure that everybody in your supply chain understands and is keeping up to date. So if you're a producer in america and you're looking to sell products into europe, you know your supply chain will be. Who is the registered importer in each european union member state? Have they complied with registering and making sure that they're contributing to the end-of-life obligations? So, yeah, it's just really a question of you can watch our websites. We are on LinkedIn and Twitter as well because we provide that kind of information.

Stephanie McLarty:

So that would be the two things is networking stakeholders and joining ERA and EBRA. Okay, awesome, and we will link those websites in the show notes as well. You can find them Okay. Second question it sounds like in certain cases that there may be more paperwork, there may be more administrative burden, if you will. How to deal with that as a company, and especially because a lot of companies are either small or they don't have a large staff dedicated to this?

Julie-Ann Adams:

Absolutely, and I know we're not talking about environmental social governance. But you know, if you're a massive, big global company, you'll have a whole department and probably 15 people. But if you're a family business, many of our members are family businesses. Our president started his business 51 years ago and so you know they need to know how to do this. And again, you know it's really trying to find the European Commission paperwork and they do have several quite good websites, but you know it's European speak, but it's about making sure you don't breach your local, national legislation first. So talk to your competence authority, talk to your environmental agency, talk to your health and safety legislative team, because all those governmental organisations should be able to provide some information and get yourself on email lists and and that sort of thing to keep up to date a big burden.

Julie-Ann Adams:

And when I started in recycling 25 years ago, there was me in our environmental department, you know, and, and we were a small company, you know. Now that probably needs an, you know, team of five or six or more for just a very small company, so just dedicated to the administration.

Stephanie McLarty:

Yeah, and that's a reality for a lot of companies. Okay, last question and you've already somewhat touched on it is really how to stay up to date with all of these changes. Is it follow EBRA and ERA and sign up for as many mailing lists as you can?

Julie-Ann Adams:

Yeah, I think that's probably the best and easiest and quickest advice. You know, if you have a recycling facility in Europe, you can apply to be a member of either. For Ibra they also have an associate membership status, so we have a member in Canada, for example, and one in Australia. So they haven't got a facility in Europe, but they can be an associate member and, again, gain that insight. It just means that they can't vote at the AGM. It's not a big deal and it's a cheaper fee as well. But, yes, I think really it's a question of just monitoring the changes.

Julie-Ann Adams:

I know in the United States there's this discussion over the difference between scrap and waste, of which I totally understand and would support if we could have a. This isn't waste, because this copper is going to be reused. But you know again, turning that ship is going to take a long, long time. But it's that understanding that you might call it scrap in america, but actually the rest of the world is now moving towards using it as a waste and it needs to be tracked and it's to prevent.

Julie-Ann Adams:

You know, and improve environmental and health and safety, um, of everybody in the chain. Um, you know, when I've audited sites in china, um and and northern africa where the, the were pitiful small children, you know, handpicking copper cables, for example, and burning the plastics, you know, and they've got saws and cuts and you know, and so there are lots of impacts and so this isn't done. You know, on a whim. You know, let's increase everyone's administration. It's done for a reason to prevent. You know, let's increase everyone's administration. It's done for a reason to prevent. You know, the improper use of hazardous substances.

Stephanie McLarty:

Absolutely, and thank you for taking us back to the real purpose behind all of this is to be great stewards for our planet and for folks in other countries. Julian, I feel like my eyes have been opened through this and the thing that's occurring for me is really the only constant is change, and we need to stay on top of change. What would be one final piece of advice you would leave our listeners with in terms of this change and staying on top of it?

Julie-Ann Adams:

I think, making sure you're proactive rather than reactive. You know, it's all very well to put your head in the sand and wait till somebody knocks on the door and go oh, I've stopped your shipment because of X, y or Z. You know, if you're proactive and you understand this, then you're going to remain competitive because you can be sure that your competitors, you know, are also going down that route. So that's the biggest piece of very simple advice be proactive and not reactive.

Stephanie McLarty:

Yeah don't wait. Thank you so much, julianne. This was incredibly insightful and I really appreciate you taking the time to share your insights with us.

Julie-Ann Adams:

Yeah, no, that's good. I'm always happy to work on a global basis Amazing.

Stephanie McLarty:

Let's get them all happy to work on a global basis. Amazing, and remember. If you're looking for a partner to help you repair, reuse or recycle your electronics in Canada or Costa Rica, we'd love to chat. Head on over to quantumlifecyclecom and contact us. This is a Quantum Lifecycle podcast and the producer is Sanjay Trivedi. Thank you for being a Circular Future Champion in your company and beyond. Logging off.

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Stephanie McLarty

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Sanjay Trivedi

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