44. Navigating European Legislation for Sustainability

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.

Thanks for tuning in to The Circular Future. If you enjoyed this episode, please leave us a review on Spotify or Apple Podcasts, or wherever you listen.

Interested in joining us as a guest? Reach out to Sanjay Trivedi at strivedi@quantumlifecycle.com.

Listen to more episodes at https://quantumlifecycle.com/podcast, and stay connected with us on LinkedIn.

Transcript

European Legislation Impact on Businesses

Stephanie McLarty 0:08

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 1:21

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

Stephanie McLarty 1:27

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 1:52

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 2:29

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 3:19

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 3:53

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 4:52

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 5:13

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 .

Global Impact of European Legislation

Julie-Ann Adams 5:51

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 6:43

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 7:22

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 9:12

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 10:17

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 10:36

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

Stephanie McLarty 10:43

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 11:24

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 .

European Waste Shipment Regulations Impact

Julie-Ann Adams 12:25

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 13:15

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 13:24

Yeah .

Stephanie McLarty 13:24

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 13:40

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 14:52

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 15:57

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 17:00

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 17:15

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 17:48

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

Julie-Ann Adams 17:51

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 18:27

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 19:00

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 19:06

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

Stephanie McLarty 19:09

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

Julie-Ann Adams 19:19

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 .

Navigating Changing Waste Legislation Responsibly

Julie-Ann Adams 19:58

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 20:12

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 20:41

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 21:46

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

Julie-Ann Adams 21:57

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

Stephanie McLarty 22:07

I think it was seven years before we finalized it .

Julie-Ann Adams 22:09

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

Stephanie McLarty 22:13

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 22:50

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 24:05

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 24:30

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 25:33

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 25:50

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 26:07

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 26:47

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 27:17

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 27:53

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 28:24

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 28:55

Yeah don't wait .

Circular Future Champions in Business

Stephanie McLarty 28:57

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 29:03

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

Stephanie McLarty 29:09

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 .