07032006 美國多州推行《WEEE計畫》

美國多州推行《WEEE計畫》

在美國，越來越多州關注環境的議題，並跟隨歐盟的步伐，立法或考慮立法制訂強制性電子及電器設備廢料處理計畫，以及管制電子及電器產品的有害物質含量。加州優先制訂關於WEEE和RoHS的條例，緬因、馬里蘭及華盛頓州則已推行各自的電子及電器設備廢料處理計畫。另外，其他19個州正考慮實施各式各樣的WEEE計畫。有關緬因、馬里蘭及華盛頓州處理計畫的重點如下：

◎緬因州 (State of Maine)
緬因州的電子及電器設備廢料處理計畫已於2004年春季通過，分數個階段實施。
‧自2005年1月1日起，生產商如要銷售受管制電子設備，須於產品附上顯示廠商名稱的永久標籤。
‧受管制電子設備包括: 電腦中央處理器、陰極射線管、平板顯示器或同類的影像顯示器 (其螢幕對角長度超過4吋，並裝有1個或多個電路板)。
‧自2006年1月18日起，生產商須為州內住戶棄置的受管制電子設備的回收處理出資。
‧自2006年7月20日起，該州禁止棄置受管制電子設備，州內各市須為居民提供回收的途徑。
‧生產商須向處理商出資，以作為廢料處理、運送及回收再利用的費用。
‧生產商並須向該州環境保護局提交符合性計劃及年度回收報告。
‧違規生產生不得在該州銷售受管制電子設備。
◎ 華盛頓州 (State of Washington)
華盛頓州於2006年3月25日制定全面的電子及電器設備廢料處理計畫。
‧自2009年1月1日起，生產商須針對受管制電子設備推行回收計畫。
‧受管制電子設備包括: 陰極射線管、對角長度超過4吋的平板電腦顯示器、桌面電腦及手提電腦等。
‧參與認可計畫的生產商須負擔所有與回收處理相關的行政及營運費用。
‧生產商須參加由華盛頓州物料管理及融資局管理的標準計畫。如獲生態局批准，可制訂獨立的回收計畫。獨立計畫方案須於2008年2月1日前提交。
‧每年6月1日為計畫年度的開始，生態局會通知各生產商所需負責處理的舊產品份額，最終定案將於每年的8月1日公佈。
‧自2007年1月1日起，生產商須每年向生態局登記，及繳交登記費和計劃覆審費。
‧違規者最高可被罰款10,000美元。
◎ 馬里蘭州 (State of Maryland)
馬里蘭州在2005年7月1日推出測試性質的電子及電器設備廢料處理計畫。
‧受管制電子設備包括: 電腦顯示器、桌面電腦及手提電腦。
‧根據法例，在之前3年內，每年生產量超過1,000台電腦的電腦廠商，須向該州的環境局登記。
‧如欲於2006年1月1日或之後在該州銷售電腦，需繳交登記費。
‧電腦須附有顯示廠商名稱或品牌的標籤。廠商需向環境局登記並繳交登記費，才可於該州銷售。
‧該州的電子及電器設備廢料處理計畫預計於2011年1月1日實施。
◎ 聯邦工作
截至目前為止，國會制訂全國的電子及電器設備廢料處理和有害物質標準的工作成效一般。不過，各州的積極行動勢必對國會造成壓力，有助促進訂立聯邦法例的工作。備受矚目的議案有參議員Wyden提出的第S. 510號法案，以及眾議員Millender-McDonald提出的第H.R. 4316號法案，要求環境保護局研究，制訂凌駕州級計畫的全國性電子及電器設備廢料處理計畫的可行性。

資料來源: 《香港貿發局 歐盟商情快訊網站》
http://www.tdctrade.com/alert/us0612.htm


State-Level Programmes for WEEE Continue to Proliferate

In the absence of federal regulations in this area, and following in the footsteps of the European Union, a growing number of environmentally-conscious U.S. states have enacted or are seriously considering legislative action to both establish mandatory recycling programmes for electrical and electronic equipment (WEEE) and regulate the use of hazardous substances in electrical and electronic devices (RoHS). California, the leader in this effort, has enacted wide-ranging regulations on WEEE and RoHS, while three other states - Maine, Maryland and Washington - have implemented their own WEEE programmes. WEEE programmes of various sorts are or were recently under consideration in as many as 19 other states: Connecticut, Delaware, Florida, Iowa, Illinois, Massachusetts, Minnesota, North Carolina, Nebraska, New Hampshire, New Jersey, New York, Rhode Island, South Carolina, Tennessee, Texas, Virginia, Vermont and Wisconsin. States have also been active in other areas of concern, with some banning the sale of certain mercury-containing products and/or implementing restrictions on brominated diphenyl ethers and polybrominated diphenyl ethers. This article focuses primarily on the efforts undertaken by Maine, Maryland and Washington to regulate electronic waste.

◎State of Maine

Maine's WEEE programme was approved in spring 2004 and was scheduled to be implemented in several stages. The main features of the regulations are outlined below.

‧Beginning 1 January 2005, manufacturers may not offer covered electronic devices for sale unless a visible, permanent label clearly identifying the manufacturer of that device is affixed to it. CEDs are defined as "a computer central processing unit, a cathode ray tube, a cathode ray tube device, a flat panel display or similar video display device with a screen that is greater than 4 inches measured diagonally and that contains one or more circuit boards." CEDs do not include automobiles, household appliances or large pieces of commercial or industrial equipment, such as commercial medical equipment, containing video displays or CRTs.
‧On 18 January 2006, manufacturers began paying for the recycling of CEDs disposed by households in the state.
‧The disposal of CEDs will be prohibited in Maine from 20 July 2006 and each municipality in the state must provide its residents with a means to recycle their CEDs.
‧Manufacturers are responsible for paying consolidators for the costs of handling, transporting and recycling their own CEDs plus a pro rata share of "orphan" products (i.e., CEDs whose manufacturer cannot be identified or is no longer in business). Manufacturers must also submit a plan for compliance and annual recycling reports to the Maine Department of Environmental Protection.
‧Manufacturers not in compliance with Maine's WEEE regulations will be prohibited from offering CEDs for sale in the state.

◎State of Washington

On 25 March 2006, the state of Washington enacted a WEEE programme that has been described by the National Caucus of Environmental Legislators as the most comprehensive programme of its kind in the U.S. According to the NCEL, the regulations were developed by a large stakeholder group that included manufacturers, local government officials, recyclers, retailers, environmental organisations and charity associations.

The Washington WEEE programme requires manufacturers to implement a recycling programme for CEDs by 1 January 2009. CEDs are described as "a cathode ray tube or flat panel computer monitor having a viewable area greater than four inches when measured diagonally, a desktop computer, a laptop or a portable computer, or a cathode ray tube or flat panel television having a viewable area greater than four inches when measured diagonally" that has been used in the state by any covered entity (i.e., households, charities, school districts, small businesses or small governments), regardless of the original point of purchase. CEDs do not include the following:

‧a motor vehicle or replacement parts for use in motor vehicles or aircraft, or any computer, computer monitor or television that is contained within, and is not separate from, the motor vehicle or aircraft;
‧monitoring and control instruments or systems;
‧medical devices;
‧products including materials intended for use as ingredients in those products as defined in the Federal Food, Drug and Cosmetic Act or the Virus-Serum-Toxin Act of 1913 and regulations issued under those acts;
‧equipment used in the delivery of patient care in a health care setting;
‧a computer, computer monitor or television that is contained within a clothes washer, clothes dryer, refrigerator, refrigerator and freezer, microwave oven, conventional oven or range, dishwasher, room air conditioner, dehumidifier or air purifier; or
‧hand-held portable voice or data devices used for commercial mobile services.

Manufacturers participating in an approved plan are responsible for covering all administrative and operational costs associated with the collection, transportation and recycling of their plan's equivalent share of CEDs. If costs are passed on to consumers, it must be done without any fees at the time the unwanted electronic product is delivered or collected for recycling. Households may only be charged for "premium collection services" such as individual home pick-up services provided by a delivery company. Small businesses, small governments, school districts and charities that have large quantities of computers and televisions must transport them to processing centres themselves.








Manufacturers are required to participate in the standard plan administered by the Washington Materials Management and Financing Authority unless they obtain approval from the Washington Department of Ecology to develop an independent plan for the collection, transportation and recycling of unwanted CEDs. Independent plans must represent at least a 5% share of television and computer sales in Washington, but companies can join together to meet this requirement. Additionally, new entrants and "white box" manufacturers (i.e., products without a label) may not participate in an independent plan. New entrants are defined as manufacturers of televisions that have been sold in the state for less than ten years or manufacturers of desktop computers, laptop and portable computers that have been sold in the state for less than five years. The deadline to submit initial independent plans is 1 February 2008.

The recycling responsibility for each manufacturer will be based on the percentage of their branded CEDs recycled through the programme each year. By June 1 of each programme year, the WDE must notify each manufacturer of its equivalent CED share to be applied to the previous programme year. Preliminary return shares for the next programme year will be announced by the WDE by 1 June 2007 and every year thereafter on that same date. Manufacturers may challenge the preliminary return share by written petition to the WDE. Final return shares will be published on 1 August 2007 and every year thereafter on that same date.
Lastly, beginning on 1 January 2007 and annually thereafter, manufacturers must register with the WDE and submit annual registration and plan review fees to cover administrative costs.

No manufacturer may sell or offer for sale a CED in or into the state unless the manufacturer is participating in an approved plan. The WDE will send a written warning to a manufacturer that does not have an approved plan or is not participating in an approved plan. The written warning must inform the manufacturer that it must participate in an approved plan within 30 days of the notice. Any violation after the initial written warning will be assessed a penalty of up to US$10,000 for each violation.

◎State of Maryland

On 1 July 2005, Maryland established a far more modest pilot WEEE programme for desktop and laptop computers, including computer monitors. The regulations require computer manufacturers that produced more than 1,000 computers per year in the immediately preceding three-year period to register with the Maryland Department of the Environment and pay a registration fee if they intend to sell computers in the state on or after 1 January 2006. Manufacturers may not offer computers for sale on or after that date unless the computer is labelled with the name of the manufacturer or the manufacturer's brand label and the manufacturer has registered with and submitted a registration fee to the Maryland Department of the Environment. The registration fee is US$5,000 for the initial registration and US$5,000 for each subsequent annual registration by a manufacturer without an operational recycling programme during the previous year. Manufacturers with an operational recycling programme will be required to pay a US$500 annual registration fee.

The Maryland WEEE programme will expire on 1 January 2011 unless extended by the Maryland General Assembly.

◎WEEE Efforts at the Federal Level

Congressional efforts to develop national WEEE and/or RoHS standards have been relatively feeble to date, although increasing state action is likely to put additional pressure on Congress and the administration to develop federal regulations. In fact, it would seem logical even for computer and TV manufacturers to favour a single federal standard over the eventual possibility of as many as 50 different state programmes. The most notable congressional effort to date involves legislation (S. 510/H.R. 4316) introduced by Sen. Ron Wyden (Democrat-Oregon) on 3 March 2005 and Rep. Juanita Millender-McDonald (Democrat-California) on 14 November 2005 that would establish a consumer credit for recycling electronic waste and require the Environmental Protection Agency to conduct a study on the feasibility of a nationwide WEEE programme that would pre-empt any state programme. These bills were referred to the pertinent committees but have not yet been considered.

Source: 《Tdctrade in Hong Kong Website》
http://www.tdctrade.com/alert/us0612.htm