3
e-Waste Transboundary Movement Regulations in Various Jurisdictions*

Pablo Dias1,2, Md Tasbirul Islam3, Bin Lu4, Nazmul Huda3, and Andréa M. Bernarde2

1University of New South Wales, School of Photovoltaic and Renewable Energy Engineering, Faculty of Science and Engineering, 229 Anzac Parade, Kensington, Sydney, NSW 2052, Australia

2Federal University of Rio Grande do Sul, Engineering School, Department of Materials, 9500, Av. Bento Gonçalves, Porto Alegre, RS 91509-900, Brazil

3Macquarie University, School of Engineering, Faculty of Science and Engineering, Balaclava Rd, North Ryde, NSW 2109, Australia

4Chinese Academy of Sciences, Research Center for Eco-Environmental Sciences, 18 Shuangqing Road, Haidian District, Beijing 100085, People’s Republic of China

3.1 Background

Waste electrical and electronic equipment (abbreviated as waste electrical and electronic equipment () or e-waste) is generally regarded as all end-of-life devices that use electricity (battery or cord/circuity). It thus includes televisions, computers, phones, refrigerators, washing machines, toys, kettles, etc. It encompasses almost any household or business device in addition to medical equipment (e.g. resonance tomography scanners) (Kuehr 2019). There is no precise figure determining the generation of e-waste worldwide, but it is agreed that it has been rising consistently and should continue to increase as new technologies are released and the lifespan of equipment decreases (Balde et al. 2015; Ongondo et al. 2011). Other reasons for the continuous e-waste increase are the affordable prices of electrical and electronic equipment (EEE), the rapid economic growth, urbanization and growing demand for consumer goods, which increased both the consumption of EEE and the generation of WEEE (Babu et al. 2007; Kumar et al. 2017). The generation of e-waste appears to be higher in developed countries than in developing economies (Goel 2017), but the WEEE generation has been increasing in both realities (Schluep et al. 2009). Furthermore, a positive correlation between gross domestic product (GDP) and e-waste generated in a given country was confirmed in a recent research. Interestingly, no correlation was found between e-waste generation and population (Kumar et al. 2017).

In the search for determining the scale of the e-waste problem, several studies attempted to estimate the production of e-waste globally. In 2009, an estimation calculated that WEEE generation was between 20 and 25 million tons yearly, originating mainly from the USA, Europe, and Australasia (Robinson 2009). In the same year, it was estimated that the yearly generation of e-waste was somewhere between 20 and 50 million tons (Schluep et al. 2009) – an upper limit almost twice as high. In 2012, the yearly generated figure totaled about 46 million tons (Perkins et al. 2014). Recent published studies indicate that the current e-waste generation in the world is between 20 and 50 million tons and should increase between 3% and 4% yearly (Abdelbasir, El-Sheltawy, and Abdo 2018; Abdelbasir, Hassan, Kamel, and El-Nasr 2018; Balde et al. 2017). Moreover, merely one-fifth of all e-waste generated is reported to be collected and recycled (Balde et al. 2017). Currently (2019), e-waste is the fastest growing waste stream in the world (Abdelbasir, Hassan, Kamel, and El-Nasr 2018; Cucchiella et al. 2021), and the estimates report it should continue to grow. The latest figures indicate that the e-waste generation in 2019 was 53.6 Mt. worldwide, and the projection is for this value to achieve 74.7 Mt. by 2030 (Forti et al. 2020). This growing waste generation underpins a pressing challenge because e-waste is associated with several potentially hazardous substances (e.g. mercury, cadmium, and halogens). Moreover, its mismanagement contributes to global warming and leads to loss of valuable and scarce materials. The latter is quite significant, as estimates indicate the total raw material value contained in global e-waste equals to roughly US$ 57 billion (Forti et al. 2020; Kuehr 2019).

3.2 International Legislation and Transboundary Movement

The excuse of the “digital divide” served for the purpose of breaching international treaties that would, otherwise, impede such movement of hazardous equipment. An example of such treaty, and arguably the most important international regulation around WEEE, is the “Basel Convention on the Control of Transboundary Movements of Hazardous Wastes and Their Disposal” (Basel Convention hereafter), which was established in 1989. The Basel Convention introduced important changes in the global waste panorama. Its goal was to restrain the illegal waste traffic and to enhance international cooperation toward hazardous waste management (UNEP 1989). It established that the consent of all the parties involved was necessary before the export, import, and transport of hazardous waste. Therefore, its introduction has made the transport of waste more difficult worldwide (Li et al. 2013). From 2002, the Basel Convention, following its sixth meeting, identified e-waste as a priority waste stream in the strategic plan of the years to come (Herat and Agamuthu 2012). Because of the Basel Convention, about one-third of the countries that imported electrical and electronic waste banned such practice (Li et al. 2013).

Nevertheless, the Basel Convention impacted neither the generation nor the flux of WEEE. This led to the creation of national directives aiming to tackle the e-waste challenge with direct regulations. Two of the most important were the European WEEE Directive (Directive on WEEE) and the restriction of hazardous substances (RoHS) Directive (Directive on the restriction of the use of certain hazardous substances), both implemented in 2003, and later updated in 2012 and 2011, respectively (European Commission 2018). The latter banned manufacture and sale of EEE containing lead, mercury, cadmium, hexavalent chromium, polybrominated biphenyls, and polybrominated diphenylethers. This, in turn, obliged other countries that wanted to trade with the European Union (EU) to stop using these substances in manufacturing their goods (Veit and Bernardes 2015). The current maximum levels by weight for the substances restricted by the European RoHS are as follows (European Parliament 2011): lead (0.1%), mercury (0.1%), cadmium (0.01%), hexavalent chromium (0.1%), polybrominated biphenyls (PBB) (0.1%), and polybrominated diphenyl ethers (PBDE) (0.1%). Exemptions may be requested and these are assessed by a certified competent body (Oeko-Institut 2019).

In 2015, the EU Directive 2015/863 was published (known as RoHS-Recast); it announced the addition of four substances (phthalates) to the RoHS list and lower levels of tolerance for the restricted substances – the latest modifications came into effect in July 2019. Regulations similar to the European RoHS were also applied in several other countries with the same concept and slight variations: these include Japan in 2000; China, California (USA), and South Korea in 2007; Singapore in 2017; and Turkey in 2018 (RoHS Guide 2020). Just like the recast of the EU, China implemented the RoHS 2, which came into effect in July 2016 and directly targets EEE by restricting the use of hazardous substances in its manufacturing (RoHS Guide 2019).

The formerly mentioned European WEEE Directive sets targets for the rate of collection, recovery, and recycling, which increase over time. Other requirements include, but are not limited to (EU Directive 2012): (i) All collected WEEE must undergo proper treatment, which means preparing for reuse, and recovery or recycling operations; (ii) The quality standards for the recycling of WEEE shall reflect state of the art; (iii) WEEE can only be exported for treatment outside of the EU if the country exporting can prove that the treatment took place in conditions that are equivalent to the requirements of the WEEE Directive; (iv) Member states should increase customer awareness by providing information such as the cost of end-of-life processing (at the time of sale of an EEE), not to dispose of WEEE as unsorted municipal waste, reverse logistics systems available to them, and the potential effects the hazardous substances of WEEE have on human health and the environment.

Moreover, the Directive introduces a greater control over WEEE and its components, requiring equipment to be weighed when entering and leaving the treatment facilities (or recycling facilities). It establishes minimum treatments required prior to exportation of any WEEE, requires that member states must distinguish EEE from WEEE, and also requires several pieces of evidences attesting the exported material is fully functional – to avoid deceptive export of WEEE as used EEE (EU Directive 2012).

However, these regulations, treaties, and conventions were not enough to stop the e-waste transboundary movement. Slowly, the countries individually began creating their own set of regulations to impede or regulate such movement (Tables 3.1 and 3.2), but in 2013 a similar import/export pattern was still reported (Figure 3.1). Recently, the Basel Action Network (a nonprofit organization) proposed alternative guidelines to the Basel Convention under the claim that there are loopholes in the current regulations, which allow any export to be considered as nonwaste under the claim that it is “e-waste for repair” (BAN 2019). Therefore, despite national and international effort, e-waste trafficking (illegal movement) from developed to developing countries continued (Premalatha et al. 2014).

Table 3.1 Nonexhaustive list of legislations and regulations implemented to permit or ban import and export of WEEE and used EEE in common source countries.

CountryYearLegislation and/or regulationDescription
Source countries
European Union2002 (recast in 2012)Directive 2002/96/EC on Waste Electrical and Electronic Equipment (Directive 2012/19/EU on Waste Electrical and Electronic Equipment)WEEE exporter should prove that the recovery, reuse, and/or recycling operation takes place under conditions that are equivalent to the requirements of the Directive
Japan2005Law for the Control of Export, Import and others of specified Hazardous Wastes and other Wastes (Law No. 108, 1992; Latest revision: Law No. 33)Stipulates export needs the consent from the country of import
Singapore2008Import and Export of e-wastes and used Electronic EquipmentThe approval for to import and export of hazardous e-waste will only be granted on a case-by-case basis
South Korea1994Act on the Control of Transboundary Movement of Hazardous Wastes and their Disposal (1994)No permission for export is issued without consent from the country of import
USA2011HR 2284: Responsible Electronics Recycling ActBanned the export of certain WEEE: PCs, TVs, printers, copiers, videogame systems, telephones, and similar used electronic products that contain cathode-ray tubes, batteries, switches, and other parts containing lead, cadmium, mercury, organic solvents, hexavalent chromium, beryllium, or other toxic ingredients

Source: Based on Li et al. (2015) and EU Directive (2012).

Recent studies have also shown this global transboundary movement (Garlapati 2016; Kumar et al. 2017) and reported additional developing countries as destination places (importers), which implies that this pattern is still in course. In the past three years, the Basel Action Network (BAN) has published several studies on “scam recycling,” in which companies from developed nations (e.g. European countries, Canada, Australia, USA) supposedly recycle WEEE, but in reality export it abroad to junkyards where the waste is dismantled using dangerous and polluting methods (BAN 2016). Developed countries, large e-waste generators, in the name of international trade – using the “reuse” excuse to save their environment and money flow – dump their e-waste in developing countries like India and China (Goel 2017).

Table 3.2 Nonexhaustive list of legislations and regulations implemented to permit or ban import and export of WEEE and used EEE in common destination countries.

CountryYearLegislation and/or regulationDescription
Destination countries
China2017Implementation Plan for Prohibiting the Entry of Foreign Garbage and Advancing the Reform of the Solid Waste Import Administration SystemImplemented strict regulations to ban most solid waste import, including WEEE from other countries
2012Measures for the Collection, Use, and Administration of Funds for the Disposal of Waste Electrical and Electronic ProductsThis regulation defines the scope of payers and users of recycling fund for Electrical and Electronic Products
2013Administrative Measures for the Circulation of the Used Electrical and Electronic ProductsThis regulation was issued by Ministry of Commerce to promote reuse of Electrical and Electronic Products. The reseller should set up information profile of used products and implement a reuse label on the products.
2009Regulation on the Administration of the Recovery and Disposal of Waste Electrical and Electronic ProductsThis regulation is the core of WEEE management in China. Based on the principles of extended producer responsibility (EPR), the recycling fund mechanism, centralized processing, and licensed recycling mode are fixed.
Ghana2016Hazardous and Electronic Waste Control and Management Act 2016 (Act 917) Status: ApprovedProhibition of import, export, and transportation of hazardous waste in and out of the country. Written authorization is required from the Minister for an exception. A Permit needs to be obtained from the Environmental Protection Agency (EPA) after paying an Advance Eco Levy (AEL) fees. The person must be registered to get the permit willing to involve in import/export of e-waste
Hong Kong2015No specific law exists. Promotion of Recycling and Proper Disposal (Electrical Equipment and Electronic Equipment) (Amendment) Bill, 2015 (Producer responsibility scheme (PRS) Scheme) is under discussion.
e-Waste is generally considered under The Waste Disposal Ordinance (WDO) (1980).
e-Waste is subjected to permit control under the WDO.
2011Advice on Import and Export of Used Electrical and Electronic Equipment Having Hazardous Components or Constituents. Environmental Protection Department (EPD), third ed.Import/export compliance checking for used EEE
Malaysia2010Guidelines for the Classification of Used Electrical and Electronic Equipment in MalaysiaThis Guideline assists all parties concerned in identifying and classifying used EEE as WEEE. Malaysia has ratified the Basel Convention, and as a Party must follow the procedures of the Convention for the import and export of e-waste
Nigeria2011Guide for Importers of used EEE into Nigeria (2011)The government bans the importation of WEEE and near-end-of-life EEE. Every importer of used EEE should register with Nigeria’s national agency
2011National Environmental (Electrical and Electronic Sector) Regulations, S.I. 23/2011This regulation provides guidelines for importation of the e-waste items and any e-waste importer must subscribe to EPR program and partner with National Environmental Standards and Regulations Enforcement Agency (NESREA). Administrative cost needs to be paid by the importer to NESREA.
Thailand2016WEEE Strategic Plan Phase II (2012–2016) has been taken under WEEE Strategic PlanThis plan restricts import and export of low-quality electronic and electrical products
2014No specific law is available. Waste Electrical and Electronic Equipment, Draft Act, November 2014 is under draft.
2007Criterion for Import of used EEE considered as Hazardous SubstancesIt presents a list of used EEE classified as hazardous substances that will be controlled, but in general allows its importation
Vietnam2016Decree No. 155/2016/ND-CPWith the enforcement of the degree, penalties are applied for administrative violations against regulations on environmental protection. However, this decree is not specific to e-waste, only.
2015Regulations on the Recovery, Processing and Disposal of Waste Products, Decision No. 16/2015/QD-TTgEPR system applied on the discarded products in the year 2015
2005Law on Environmental ProtectionIt encourages waste reduction and recycling, stipulates the responsibilities for waste generators to minimize waste production. Includes articles for hazardous waste management and prohibits the import and transit of all kinds of wastes

Source: Based on Chinese Government Network (2017), Li et al. (2015), Owusu (2017), Peluola (2016), and Pharino (2017), Chinese Government Network (2017). Li et al. (2015), Owusu (2017), Peluola (2016), Pharino (2017), STEP (2019a), Thi Thu Nguyen et al. (2019), Wong (2018).

Schematic illustration of known routes and permissions/bans for the WEEE imports/exports.

Figure 3.1 Known routes and permissions/bans for the WEEE imports/exports in 2013.

Source: Li et al. (2015).

This scenario calls for a verification system capable of assessing the particularities WEEE management, recycling, and treatment. This is to ensure sound end-of-life practices, but also to track double counting of WEEE, which is suspected to happen in some countries as a means to boost results (Toffolet 2016). As can be anticipated, this need was filled by several different conformity verification systems, especially in Europe. As a result, trade between member states was made difficult because, for each country, a different set of rules applied. For this reason, the WEEELABEX (short for WEEE Label of Excellence) was created. Its objective is to design a set of European standards for collection, sorting, storage, transportation, preparation for reuse, treatment, and disposal of all categories of WEEE, while harmonizing the rules and procedures for conformity verification in Europe. This would facilitate trade among the member states and level the playing field for stakeholders (Leroy 2012).

In light of the transboundary movement of e-waste worldwide, important changes occurred in 2017 when China, a major waste-destination country, announced stricter monitoring regarding the quality and contamination of the scrap material received. In July 2017, the former Ministry of Environmental Protection of China announced at the World Trade Organization (WTO) that “by the end of 2017, China will forbid the import of four classes, 24 kinds of solid wastes, including plastics waste from living sources, vanadium slag, unsorted waste paper and waste textile materials” (WTO 2017). It later confirmed the announcement about the import ban on a range of polymers (highly present in e-waste), which would came into force by the end of 2018 (Resource Recycling 2018). Shipments of scrap polymers to China dropped by 99.1% from 2018 to early 2019 (Resource Recycling 2019). These changes highly impacted the international scrap trade and diverted the material flow to other Asian countries, especially Malaysia, Vietnam, and Thailand (Staub 2018). The overload in these new destination countries was extreme to the point that, less than one year later, both the Vietnamese and the Thai governments announced they would stop receiving scrap plastics (i.e. also announced import bans) (Resource Recycling 2018). China has already proposed a total import ban, which would take place in 2020 and includes scrap fiber and every other form of solid waste. The change was implemented, however, from 01 January 2021. The country has completely banned the import of solid waste (Ministry of Ecology and Environment 2021). These measures were announced with the intent of protecting the environment, improving people’s health, and favoring domestic material over international (Resource Recycling 2018; State Council 2017). The COVID pandemic has delivered yet another blow of uncertainty to this scenario, increasing the difficulty to move scrap materials internationally (Resource Recycling 2020).

3.3 Extended Producer Responsibility (EPR)

Extended producer responsibility (EPR) is a policy in which the manufacturer is held responsible for its products when they reach their end of life. It is based on the polluter-pay principle and has been widely adopted in e-waste management systems worldwide. Switzerland, Japan, European Union (e.g. UK, Holland, Germany), some regions of the USA and Canada (Table 3.3), and more recently China have adopted this policy (Kiddee et al. 2013; Wang et al. 2018). The introduction of EPR was important to achieve sustainable e-waste management, it allowed the financing of unprofitable (but necessary) processing steps, the evolution of the e-waste recycling industry, a synergy between policies and legislations, and a consumer demand for sound dispose option for e-waste (Schluep 2014). The EPR requires the producer to undertake the financial costs of the end-of-life management of WEEE (as is the case in the EU). In some cases, however, the financial burden is split with different stakeholders, including the consumers who are often required to pay a fee for the processing of its EEE once it reaches the end of its lifespan. These fees must be perceived by the payers as fair, reasonable, and based on actual costs of the end-of-life management. They should also be revised periodically as the schemes in place are better understood and audited (MS2 and Perchards 2009).

3.4 Regulations in Various Jurisdictions

As of 2019, 78 countries adopted a national e-waste policy, legislation, or regulation (Forti et al. 2020), but enforcement, investment, and other context-related factors need to be scrutinized to fully understand the regulations in place, and the extent to which they work. The particularities and characteristics of the WEEE regulation in specific countries are described in the section hereafter. Data availability, consolidated e-waste management system, and importance in the international scenario were the criteria used to choose the countries.

Table 3.3 Extended producer responsibility (EPR) in different countries.

CountriesEPR concept
European UnionThe directive mainly focuses on reuse, recycle, and recovery of e-wastes and dismantling of electronic parts and recycling of materials, proper collection systems to reduce disposal and incorporate best management practices.
SwitzerlandThis country was the first to develop and implement methods for collection, transportation, recycling/treatment and disposal of e-waste.
Three producer responsibility organizations (PROs): The Swiss Association for Information Communication and Organizational Technology (SWICO); the Stiftung Entsorgung Schweiz (SENS); and Swiss Lighting Recycling Foundation (SLRS) oversee these systems based on the concept of EPR.
United States of AmericaEstablished funding for the collection and recycling of e-waste. Consumers pay a fee called Advance Recycling Fee (ARF) at the time of purchase that goes to the state and is used to reimburse recyclers and collectors.
JapanManufacturers and importers are responsible for taking back end-of-life electronics for recycling and waste management. Consumers pay a fee that is directly used to meet the expenses of recycling and transportation.
South KoreaLocal manufacturers, distributors, and importers of e-goods are required to achieve official recycling targets. Government keeps an account for depositing funds for recycling, which are refundable depending on the amount of waste recycled.
AustraliaImporters, manufacturers, and distributors have to subscribe to mandatory, coregulatory, or voluntary schemes for managing the disposal of computers and televisions.
SingaporeExport, import, or transit waste requires a permit from the Pollution Control Department (PCD) of Singapore. If documents are available to support that the products are in good condition and can be reused, only then permission is granted.
China(a) Pollution prevention and controls on the use, dismantling, and disposal of e-waste, under “Technical Policies for Controlling Pollution of WEEE, 2006,”
(b) Certificate is required for e-waste recycling systems, under “Administrative Measures for the Prevention and Control of Environmental Pollution by WEEE, 2008,” and
(c) All producers and importers responsible for their products, collection, and treatment funds, under “Regulation on the Administration of the Recovery and Disposal of Waste Electrical and Electronic Products, 2012.”
IndiaAccording to its Ministry of Environment, Forest and Climate Change, 2011, producers are responsible for the collection of e-waste generated after the end of life of the e-products. The legislation was modified in 2015 with new responsibilities for the producers as well as consumers.
African countriesThe use of EEE is very less in the African countries. No specific e-waste legislation has been implemented in those countries.

Source: Based on Goel (2017) and Premalatha et al. (2014).

3.4.1 Europe

3.4.1.1 France

In 2006, France set upon the producers, retailers (under their brand), and importers the obligation of supporting the end-of-life management of WEEE and achieving the recycling and recovery targets set by the Environmental Code. Producers could either take the responsibility individually or collectively through the so-called eco-organizations. The latter was preferred by the majority, which gave rise to the “Eco-systems,” the “Eco-logic,” and the “European Recycling Platform” (Vadoudi et al. 2015). To finance the operations, consumers pay an eco-fee when buying a new EEE, which is visible at the time of purchase. These vary from a few cents to a little more than tens of euros and were reported not to have changed the purchasing habits of the consumers (Toffolet 2016). However, revenue for the operation is also obtained by different taxes and by fees paid by the manufacturers, which vary according to the product (based on criteria of durability, toxicity, recycled content, and design for disassembly) (Vadoudi et al. 2015). The government participates actively in the whole system by overseeing the arrangements, charging fees, paying agents responsible for collection and recycling, approving these agents, enforcing end-of-life treatment standards, and applying penalties to uncompliant manufacturers (Vadoudi et al. 2015).

3.4.1.2 Germany

Germany uses a system dubbed “divided product responsibility.” The regulations in the country require public sector recycling companies to establish WEEE recycling centers and to accept WEEE free of charge – retailers are also allowed to accept WEEE from consumers (UB 2016). The municipalities, after receiving WEEE from the public, sort the waste into groups prior to the manufacturer pickup (BMU 2015). The local municipal authorities may then undertake the recycling or forward it free of charge to the existing take-back system. This is quite different from other countries, where local authorities charge the take-back systems for such service (Toffolet 2016). All EEE manufacturers must adhere to the system, register, and assure its financing. They must also organize the treatment of WEEE and provide proof of such (BMU 2015). Moreover, they are free to provide their own recycling mechanisms (UB 2016). Unlike other countries that split “historic” WEEE (waste placed before the system was implemented) according to market share, Germany has a set of criteria to determine which producer should be responsible for it picking up (Ongondo et al. 2011). Under the system, the consumers are required by law to dispose of their WEEE in the take-back facilities (UB 2016).

The German system works on a competitive basis (BMU 2015), and there are regulations in place to limit the manufacturing clusters. Thus, each producer must collect its share of national obligations under a main take-back system that ensures the collection costs are shared equally. This main take-back system is also responsible for determining recovery and recycling targets (Ongondo et al. 2011). The targets rates are specific for the various device classes (UB 2016). The search for the lowest short-term costs sought by the system, however, resulted in scattered volumes and in the gradual desertion of the market by operators (Toffolet 2016).

3.4.1.3 Switzerland

In Switzerland, the current regulations in place oblige the EEE user to give back its end-of-life device and all retailers must take back any appliance at no cost. As opposed to many other countries, in Switzerland the legislation does not define how the industry should carry out their responsibility to manage and finance their WEEE recycling. In this regard, two producer responsibility organizations (PRO) are responsible for e-waste management under an EPR-based system, the “The Swiss Association for Information, Communication and Organizational Technology (SWICO)” and “Stiftung für Entsorgung Schweiz (SENS)” (Islam et al. 2018). Therefore, the actual industry decides how to establish and carry out the recycling, which renders a system that is voluntary and designed to be flexible and cost effective (Román 2012). Though the system operates under a voluntary condition, there are some key characteristics such as clear definition and provision of roles and responsibilities of all the actors; secure finance sourcing by implementing advanced recycling fees (ARFs); broader product coverage in the e-waste management regardless of the types of EEE, its date of purchase, and manufacturers. Other characteristics include stringent control and monitoring of the finance and material flow along with externalities such as emission and health hazards; guidelines to avoid free riders; and finally, prohibition of the illegal dumping of e-waste to non-OECD (Organization for Economic Co-operation and Development) countries (i.e. countries that belong to the Organization for Economic Co-operation and Development) (Chaudhary and Vrat 2018).

3.4.1.4 Norway

Norway is a non-EU member in spite of being tightly related to the Union politically and economically. Therefore, Norway has a WEEE management approach quite similar to other EU members, but also has its particularities and introduced the national legislation regarding e-waste in 1999, well before the EU WEEE Directive, which was officially enacted in the year 2002 (NEA 2018). The Norwegian producers and importers of WEEE are obliged to be a member of one of the authorized take-back companies, which, in turn, must have approval from the authorities. Consumer taxes ensure the financial requirements for the end treatment of WEEE, and the collection is organized either on the municipal level, by intermunicipal waste companies or by stores (Román 2012). Three major take-back companies have approval and are responsible for e-waste management: Norsirk, ERP Norway AS, and RENAS AS (NEA 2018). There is a law in force that obliges municipalities to collect WEEE, while the requirement for take-back systems is that they must ensure a free collection from enterprises, distributors, and municipalities collecting WEEE (Román 2012). It is the producers, however, who set up the take-back companies to manage WEEE from households and businesses. Under Norway’s Waste Regulations, a special WEEE record is maintained to aggregate the information of all EEE product manufacturers and importers, identify free riders in the system, exchange regulatory information with importers and manufacturers complying the with the WEEE management rules, and finally, collect and collate information and data from the companies involved in the take-back system (NEA 2018).

3.4.2 Americas

3.4.2.1 United States of America

The USA does not have a proper federal regulation for electronic waste. This is mainly because legally WEEE is generally considered a nonhazardous waste. The policies are, instead, imposed by the state government (Li et al. 2015; Ongondo et al. 2011). In general, however, it is illegal for businesses in the USA to place e-waste in the trash (Namias 2013). Currently (2019), 25 states have passed laws concerning collection, recycling, or processing of e-waste – these vary considerably among states (Schumacher and Agbemabiese 2019). Some states have applied EPR programs that comprise disposal fees, deposit refund systems, and mandatory take-back systems for rechargeable nickel–cadmium batteries (Garlapati 2016); some have prohibited e-waste from being disposed of in the municipal waste stream (Namias 2013). Recent research suggests that having discrepancies in the legislation within the country obstructs the implementation of efficient waste management systems. This issue could potentially be tackled by having a federal legislation, a model state legislation, or an overall EPR policy, which clearly defines the roles and responsibilities of the stakeholders (Hickle 2014; Schumacher and Agbemabiese 2019).

In Maine, the legislation specifies that each manufacturer is individually responsible for all the collection and recycling cost of its goods in addition to a share of orphan waste, which is waste from producers that have gone out of business or no longer trading. Orphan waste must be covered by any manufacturer with more than 1% market share. Municipalities and collection points are responsible for collecting e-waste and forwarding it onto a consolidator, which counts, weighs, and identifies the brand of each product. Manufacturers can either collect a representative e-waste sample from the collector (based on a return share), pay the consolidator to recycle the e-waste on its behalf, or have their branded products separated and recycle them themselves. Any brand that is not compliant with the legislation is banned from selling its products (McCann and Wittmann 2015).

The State of North Carolina introduced an e-waste landfill ban and an EPR law comprehending PCs and TVs manufacturers, retailers, and local governments. It implemented a free take-back program for the community, required the liable parties to register (be “certified”) and to pay an annual fee. The EEE producers pay the WEEE recyclers according to its selling share, which becomes their recycling target. Retailers must ensure correct EEE labeling and cross-check manufacturers/brand to make sure they are certified under the State. WEEE is mainly collected by local governments, who must provide annual reports and forward WEEE to recyclers. The role of the State government is screening and certifying the recyclers, registering the EEE producers, regulating the system, and financially supporting eligible local governments. The system discourages scavenging and encourages recyclers to improve their recycling processes and efficiency. State law also requires environmentally sound recycling (DEQ 2018).

The State of California requires retailers to charge a recycling fee from consumers who purchase certain EEE. The focus is mainly on displays (cathode ray tubes (CRTs), liquid crystal displays (LCDs), plasma, etc.). Retailers may retain up to 3% of the fees to cover collection costs, the rest is sent to a board that reimburses recyclers and organizations, which, in turn, provide free e-waste recycling to consumers and businesses (Namias 2013).

In New York, manufacturers of certain EEE are required to collect and recycle (or reuse) their brands of products at no cost for residents and small businesses. The covered EEE include computers (desktops, laptops, tablets, e-readers), peripherals (keyboard, printer, monitors), televisions and small equipment (DVD players, video game consoles, receivers, small-scale servers) (NYSDEC 2019). Furthermore, certain WEEE are eligible for free collection through a manufacturer take-back program. The state requires manufacturers to establish collection, handling, and recycling/reuse of discarded WEEE, it also establishes annual reuse and recycling targets for all e-waste. Exceeding the imposed targets results in credit, while a shortage incurs in a surcharge. There are several take-back programs, including free postage mail-back system and local collection events (Namias 2013).

3.4.2.2 Canada

As is the case for the USA, Canada does not have a central federal regulation to deal with the e-waste. Instead, the provincial government is responsible for regulating its management (Li et al. 2013). This lack of a central government standard does not allow an even competition among recyclers from distinct provinces. By 2014, all provinces but one (New Brunswick) had a proper e-waste management program (Morawski and Millette 2014). The Canadian WEEE management systems have been designed and are managed by foundations owned by technology companies (Irani et al. 2016), while the recyclers must meet a standard established by a nonprofit entity created by the electronics industry of Canada (Morawski and Millette 2014).

Recently, the country has implemented Environmental Handling Fees (EHF) to all consumers when they purchase a new EEE. This is used to cover the cost of the end-of-life management of WEEE; the cost (and therefore the fee) varies according to EEE and location (province). The fee has been implemented in Quebec, British Columbia, Saskatchewan, Manitoba, New Brunswick, Nova Scotia, Newfoundland, and Labrador. In the Province of Quebec, recyclers that operate must be verified under the national standard. The drop-off point network is made of municipal eco centers, retailers, and other organizations and businesses. In British Columbia, EEE manufacturers and distributors are required to be part of the Stewardship Plan, which was created and is regulated by the Electronic Product Recycling Association (EPRA 2014).

In the province of Ontario, the first e-waste related regulatory program was initiated under the Waste Electrical & Electronic Equipment (WEEE) Program Plan in 2008, which was then revised by Waste Diversion Ontario (WDO) and the Ministry of Environment (MOE) on 10 July 2009. This piece of legislation delivered the compliance and enforcement procedures. Then, in 2016, the Resource Recovery and Circular Economy Act, 2016 (under schedule 1), was enacted in combination with the Waste Diversion Transition Act, 2016 (schedule 2), which focuses on achieving circular economy. The common ground of both schedules included (i) promoting the reduction, reuse, and recycling of waste; (ii) promoting competition, cooperation, and coordination among various actors involved in the resource recovery supply chain; and (iii) enhancing equity for consumers and decreasing the environmental impacts of the resource recovery activities (STEP 2019b).

3.4.2.3 Brazil

Solid waste (including e-waste) falls under the Brazilian Policy of Solid Waste (BPSW), which is the main Brazilian legal framework toward waste management in the federate level (Brasil 2010). The policy establishes the general guidelines that the country should follow concerning waste management, the responsibility of the waste generators and the government, and applicable economic mechanisms. The shared waste stewardship is among other changes imposed by the BPSW (Brasil 2010).

The framework, however, does not define specific goals to be reached through the BPWS nor holds the waste generators liable using concrete methods (evaluation, monitoring, fines, etc.). Instead, it mentions that these attributions will be addressed in a latter document called the National Solid Waste Plan (Brasil 2010). The plan was written, elaborated, and debated with the community during the years 2011 and 2012. A preliminary version was published in 2011, but it still awaits the approval of the agricultural policy committee to come into force (MMA 2012). In 2018 the plan was still in standby with no perspective of it being concluded and enforced in the near future (Grandelle 2018). Indeed, to date (2021) it is still in standby but the current expectation from the industry is that it will be approved this year (Correa and Dantas 2021). In summary, the policy was not enough to affect the Brazilian waste status quo and the plan – that supposedly would enforce the policy – never overcame the Brazilian bureaucracy. Explicitly targeting WEEE, the BPWS required the implementation of a specific sectoral agreement, which is composed of contracts between the government, the manufacturers, the importers, the distributors, or the vendors, with the objective of implementing the shared responsibility concept to the EEE goods. This was first drafted in 2013, but debuted only in November 2019 (Caiado et al. 2017; Ministry of Environment 2013; MMA 2020). The agreement has several stages: initial steps of the agreement mandate that companies that sell electronic products (physical stores or e-commerce) participate in a reverse logistics system. They also became obliged to accept (from consumers) and store end-of-life products temporarily. Later stages, once the reverse logistics system is in place, will include collection targets (by weight) that increase progressively (FECOMERCIOSP 2020).

3.4.3 Asia

3.4.3.1 Japan

Japan’s home appliance recycling system was driven primarily because of the shortage of landfill space in the country and the need for resource recovery (Yoshida and Yoshida 2012). Under its regulations, consumers pay a recycling fee when discarding TVs, air conditioners, refrigerators, and washing machines. Retailers have the obligation of taking back items of these four categories, while producers have the obligation of recycling them (Yoshida and Yoshida 2012). PCs and copiers were later included as voluntary items (Morris and Metternicht 2016). While being responsible for collecting illegally dumped WEEE and being able to treat some designated WEEE types (Morris and Metternicht 2016), the Japanese municipalities do not perform the collection and processing recycling operations themselves. Instead, this is carried out under a producer partnership cluster that is divided between Groups A (Panasonic, Toshiba, and others) and B (Mitsubishi, Hitachi, and others) (Yoshida and Yoshida 2012). There are about 1580 inhabitants per take-back site in the country, and the EEE producers have to meet recycling standards and targets determined by legislation (Morris and Metternicht 2016). About 78% of WEEE are collected by retail stores, of which 64% are recycled by the producers and the rest is lost because of WEEE entering via channels outside the system and, therefore, without being paid for (Yoshida and Yoshida 2012). Breaching the law implies in corrective recommendations, corrective orders, or penalties (Morris and Metternicht 2016). The policy is built around recycling, which restricts product reuse (Yoshida and Yoshida 2012).

3.4.3.2 China

As the quantity of Waste Electrical and Electronic Equipment grows fast (Zeng et al. 2016), the Regulation on the Administration of the Recovery and Disposal of Waste Electrical and Electronic Products (China WEEE Regulation) was enacted in 2009 and enforced in 2012. China WEEE regulation symbolized the formal implementation of Extended Producers Responsibility theory, supported by a family of technical guidelines and policies (Zeng and Li 2019), including operation of recycling fund, etc. WEEE recycling fund was set up and the financial subsidy was distributed into certified recyclers since 2013 (Song et al. 2017).

The operation of WEEE recycling fund guaranteed and promoted development of formal WEEE recycling sector in China, with significant environmental benefit (Wang et al. 2018; Zeng and Li 2019). Until 2017, there were 109 certified WEEE recycling plants in China, distributed in 29 provinces. In 2017, 79.94 million units of WEEE were disassembled and treated in these plants, including 42.07 million units of waste televisions, 8.04 million units of waste refrigerators, 13.59 million units of waste washing machines, 3.98 million of air-conditioners, and 12.27 million units of waste PCs (MEE 2017). Further, 90% of WEEE treated in the formal plants in 2017 went through technical auditing of Ministry of Ecology and Environment of China, which means subsidy from WEEE recycling fund would be distributed to the formal plants based on the monitored quantity.

However, there are still challenges facing by WEEE management system in China. The imbalance between fund levies and subsidies led to an unsustainable WEEE funding policy, while the tedious procedures of subsidies distribution decreased the efficiency of the payment system (Zeng and Li 2019). In 2015, there was a deficit of nearly 2.6 billion CNY between the amount paid by the producers (2.8 billion CNY) and the 5.4 billion CNY subsidy distributed to the certified plants (Chen et al. 2018).

3.4.3.3 Taiwan

Taiwan’s WEEE handling structure is known as the 4-in-1 recycling program and began to be drafted in 1988 with the Act that mandated an EPR system. By late 1990s, the regulatory framework in Taiwan already had a cash reward program for consumers who took their unwanted computers to designated collection points, which consisted primarily of retailers (the reward program is still active even now). These retailers also obtained financial rewards for receiving the used equipment (Lee et al. 2000). From the beginning, policies around the recycling processes stated that the computers had to be processed in a sound manner and included requirements such as avoiding landfilling and incineration, and removing the phosphorescent coating from CRTs (Lee et al. 2000). Under these policies and regulations, the Taiwanese society has had the obligation of recycling its EEE since 2001 (Shih 2017). The Taiwan Environmental Protection Administration (TEPA) is funded by manufacturers, who have to pay a fixed advanced recycling fee at the time of EEE sale. This fee is based on the auditing and verification that TEPA runs yearly alongside of industry representatives (Fan et al. 2018; Shih 2017). The funds are used mainly to subsidize the recycling industry who receives financial rewards depending on the volume (or number) of WEEE it processes.

3.4.3.4 India

In developing countries like India, the implementation of well-established EPR approaches used in developed countries is ineffective (Borthakur and Govind 2018; Wath et al. 2010). The country relies on informal collection and processing, which is capable of absorbing 90% of its e-waste (Dwivedy et al. 2015). Therefore, India currently has a voluntary take-back system, where there are no laws to enforce compliance and no penalties for not meeting the EPR goals, which were established in 2010 in the lines of the European EPR directive (Dwivedy et al. 2015). These circumstances create a different scenario from that found in developed countries, since Indian consumers prefer to sell their obsolete equipment in the informal sector (i.e. they expect a profit when discarding their WEEE) instead of adhering to the principles of formal EPR (Borthakur and Govind 2018; Dwivedy et al. 2015).

3.4.4 Africa

3.4.4.1 South Africa

There is currently no legislation specifically addressing WEEE, the country is deficient in e-waste recycling infrastructure and industries are not required to submit (or share) data on the e-waste they generate, making available information unreliable and contradictory. The South African government, however, has recently recognized the e-waste as a priority waste stream (Ledwaba and Sosibo 2016; Snyman et al. 2017). While the government has not passed any specific legislation or policy related to e-waste, it follows some of the international legislations connected to it, such as the Rotterdam Convention, the Stockholm Convention, and the Basel Convention, under which different types of hazardous substances and waste are considered. The National Environmental Management Act (Act 107 of 1998) (NEMA) is the primary national legislation that outlines several issues, for example, avoidance or minimization/waste reduction, the remediation of pollution, reuse, recycling, and proper disposal and “polluter pays” and “cradle-to-grave” principles. However, this policy guideline is not specific to e-waste (Bob et al. 2017).

3.4.4.2 Nigeria

In 2012, a study reported that there were no serious initiatives in Nigeria concerning WEEE management and that, in spite of some institutional framework, a number of challenges needed addressing due to the lack of control over the flow of used EEE, legislation to appropriately identify contraband items, public awareness concerning the dangers of handling WEEE, recycling facilities in the country, and corporate social responsibility. Moreover, obtaining reliable data on e-waste (generation, export, import, obsolescence rate, discard) is extremely difficult in the country, which increases the problem further (Adediran and Abdulkarim 2012). These constraints around data reliability are directly affected by the situation of the country that involves illegal imports, informal recycling, and poor formal recycling (Woggborg and Schroder 2018).

In 2016, however, the country introduced its own EPR program. The program is overseen by the government through the NESREA (National Environmental Standard Regulatory and Enforcement Agency) and utilizes PROs (producer responsibility organizations, like in Switzerland) to manage the funds collected from e-waste generators (importers, distributors, etc.) and transfer them to licensed recyclers and formal collection centers. The main drawback is that the EPR program does not extend to the informal sector, which plays a dominant role in Nigeria’s e-waste management system (Woggborg and Schroder 2018). It should be noted, however, that the NESREA has no official presence in 10 out of 36 Nigerian states, which further decreases the reach of the EPR program (Iwenwanne 2019).

3.4.5 Australia

The Australian Bureau of Statistics (2006) claimed, in 2006, that “obsolete electronic waste or e-waste is one of the fastest growing waste types. Very little of the increasing amount of e-waste generated in Australia is being recycled, with most of it ending up in landfill.” In 2008, a study reported only a small percentage of e-waste was recycled in Australia, particularly low percentages were reported for televisions (1%), computers (1.5%), and mobile phones (4%) (TEC 2008). This led to an “ever growing e-waste mountain” (Herat 2008), where significant amounts of e-waste were being sent to landfills (Ongondo et al. 2011). The biggest challenge for the country has been claimed to be legislation and compliance, given that by 2011 the initiatives to contest the WEEE problem were either too late or too little (Ongondo et al. 2011).

The lack of legislation, however, has been tackled in recent years, as Australia currently holds the only law on the management of e-waste in Oceania: The National Television and Computer Recycling Scheme (NTCRS). The National Waste Policy (Australia’s general waste management guidelines), the Product Stewardship Act 2011 (framework to administer and accredit product stewardship schemes throughout the country), the Product Stewardship (Televisions and Computers) Regulations 2011, and the National Television and Computer Recycling Scheme 2011 provide the framework to manage the life cycle of computers, televisions, and their peripherals (Morris and Metternicht 2016). The scheme aims to collect and recycle e-waste, specifically televisions, computers, and its peripherals. The scheme is similar to the EU Directive, whereby the Member States must establish systems for users and distributors to return household WEEE to collection facilities free of charge and requires manufacturers to finance the collection and recycling of WEEE at these facilities (Lane et al. 2015).

On top of the NTCRS, there are other regulatory schemes and industry programs for e-waste in Australia. The Mobile Musters program aims to collect mobile phones, its batteries, and accessories. It is a 20 year-old scheme that has collected 1323 tons of mobile phone components since its commencement. (Mobile Muster 2017). Another arrangement is the Australian Battery Recycling Initiative, which aims to collect household batteries and commenced in 2008. It is currently a voluntary scheme, but there are negotiations in course to establish an industry-funded recycling program (ABRI 2018; Golev and Corder 2017). The Cartridges 4 Planet Ark is also a voluntary scheme established in 2003. It’s a free scheme for the end user that has collected a total of 39.1 million cartridges since its commencement (C4PA 2018; Golev and Corder 2017).

There is no statutory bound that obliges the owner of an EEE to dispose of those products safely. There are minimal penalties for disposing of EEE in public, but it is considered a minor criminal offense. Most Australian States and Territories do not have bans on e-waste going into landfill, the exceptions are South Australia and the Australian Capital Territory (Lane et al. 2015). The state of Victoria, however, has implemented a ban on e-waste in landfills, which took effect in July 2019. The ban is enforced by the Environment Protection Authority (EPA) (Victoria State Government 2019).

3.5 Conclusions

There is a worldwide struggle to find a solution to the WEEE challenge. Different countries are trying different approaches and there is still little information about the material flow and management systems in many developing nations. While each individual country has its particularities, the exchange of experiences and comparison of different approaches toward WEEE management among countries yields important insights toward best waste management practice. Once identified, qualities and shortfalls of a given system can be adapted for a different country in a process of continuous enhancement through regulatory framework and management system setup. Examples of such exchange can be verified by looking at the foundation the European regulations gave to several other non-European countries, or the implementation of the Australian scheme, which took principles from schemes overseas and adapted to a country with large territorial size. In light of this, it becomes necessary to have more scientific outputs analyzing the e-waste management setup of different countries. This is especially important in developing countries, where details and studies are still insipid.

Regulatory initiatives should be more consumer-oriented, without scarifying the strict implementation of the EPR strategy. Specific guidelines on collection and recovery strategies should be reflected directly in the e-waste management regulation – such as financial and material flow accounting found in the Swiss e-waste management system. Critical and emerging aspect (e.g. circular economy and urban mining) should be considered when reforming and developing e-waste management-related regulations. This shall enhance the technical capabilities of the policymakers tackling the e-waste problem and waste can be converted to resources creating jobs and entrepreneurship. Additionally, it is important to have unified or collaborative legislations that assist each other in the task of achieving greater resource efficiency from e-waste, as opposed to legislations that create difficulties to stakeholder acting across different jurisdictions/regions, as is the case for the USA.

Finally, the recent waste ban implemented in China showed the magnitude of e-waste volume shipped to the country from all over the world. It also revealed how the current global setup is dependent on the Chinese recycling industry and how little infrastructure exists elsewhere. The unfolding of the ban over the next few years should render significant changes in the transboundary movement of e-waste and the regulations associated with this waste stream worldwide.

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Note

  1. *Received 20 December 2019. Revised 01 December 2020.
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