Legislation in detail

Directive on the Restriction of the use of certain Hazardous Substances (RoHS) in EEE (Directive 2002/95/EC), introduced in 2003, recast in 2013 (Directive 2011/65/EU) and last amended in 2017, complements the provisions laid out in the WEEE Directive. Objective of the RoHS Directive is to reduce and substitute certain hazardous substances used in EEE as it enters the market – lead (Pb), cadmium (Cd), mercury (Hg), hexavalent chromium (Cr6+) and certain flame retardants (PBB, PBDE) – with safer alternatives. The RoHS Directive sets maximum concentration levels of these substances. 

Since 2013 and still at present state, PV Panels are granted an exemption from the RoHS Directive.

Regulation on Registration, Evaluation, Authorization and Restriction of Chemicals (EC 1907/2006) is the EU Regulation overseeing the use of chemicals, addressing the production and use of chemical substances and their impacts on human health and the environment. 

This legislation mandates that all companies manufacturing or importing relevant quantities of chemical substances in the EU, register such substances with the European Chemical Agency. In the registration, they must identify the risks connected to the substances they produce and import, and illustrate how these risks are managed. 

The Regulation also addresses the use of a number of substances of very high concern (SVHC). These substances, identified in a Candidate List, cannot be used unless the company is given an authorization

The European Commission is currently considering the implementation of a number of sustainable product policies for PV Panels, inverters and systems. These measures include both mandatory instruments (Ecodesign, Energy Label) and voluntary instruments (Green Public Procurement), which are undergoing a process assessing their impact on market and product sustainability. Some of the criteria provisionally laid out in the draft measures include performance requirements and information disclosure on material content, dismantlability, repairability, recyclability and presence of hazardous substances. At the time of launching this website, a legislative proposal has been published by the European Commission and is currently under discussion. The expected timeframe for entry into force of the first set of these provisions, namely Ecodesign and Energy Labelling measures, is 2025-2026.

Waste Framework Directive 2008/98/EC sets the basic concepts and definitions related to waste management, such as definitions of waste, recycling, recovery. It explains when waste ceases to be waste and becomes a secondary raw material (so called “end-of-waste” criteria), and how to distinguish between waste and by-products. As such, it is an essential piece of legislation that must be considered in the context of recycling and treating any type of waste, including PV Panels.

This Directive introduces the “polluter pays principle” and Extended Producer Responsibility (EPR). It incorporates provisions on hazardous waste and waste oils and includes two recycling and recovery targets to be achieved by 2020: 50% preparation for re-use and recycling of certain waste materials from households and other origins similar to households, and 70% preparation for re-use, recycling and other recovery of construction and demolition waste. This Directive requires as well that Member States adopt waste management plans and waste prevention programmes.

The European Commission adopted in 2020 an ambitious Circular Economy Package, which includes revised legislative proposals on waste to stimulate Europe’ transition towards a circular economy, which will boost global competitiveness, foster sustainable economic growth and generate new jobs.

The revised legislative proposal on waste sets clear targets for reduction of waste and establishes an ambitious and credible long-term path for waste management and recycling. To ensure effective implementation, the waste reduction targets in the new proposal are accompanied by concrete measures to address obstacles on the ground and the different situations across EU Member States.

Key elements of the revised waste proposal include:

• A common EU target for recycling 65% of municipal waste by 2030
• A common EU target for recycling 75% of packaging waste by 2030
• A binding landfill target to reduce landfill to maximum of 10% of municipal waste by 2030
• A ban on landfilling of separately collected waste
• Promotion of economic instruments to discourage landfilling
• Simplified and improved definitions and harmonised calculation methods for recycling rates throughout the EU
• Concrete measures to promote re-use and stimulate industrial symbiosis –turning one industry' by-product into another industry' raw material

Economic incentives for producers to put greener products on the market and support recovery and recycling schemes (e.g. for packaging, batteries, electric and electronic equipment, vehicles).

The European Battery Regulation 2023/1542 has been published in July 2023 and repeals the Battery Directive 2006/66/EC. The Regulation applies directly – no transposition required - in all EU Member States since 18 February 2024.

The entry into force of this Regulation is organized in a staggered approach because this piece of legislation contains product-related requirements as well as waste-related obligations.

The conformity assessment (Chapter IV) enters into force on 18 August 2024.

The due diligence requirements (Chapter VII) are also set to take effect on 18 August 2024. 

The waste management (Chapter VIII) only applies as from 18 August 2025. 

The current Directive of 2006 for batteries is only revoked by 18 August 2025.

The main focus of the new European Battery Regulation is, in the wider context of the European Green Deal and the EU Circular Economy Plan:

1. to harmonise European product standards for all types of batteries;

2. to set up a properly functioning internal European market for secondary raw materials for batteries;

3. to decrease the negative environmental effects in the production, use and end-of-life phase of all batteries.

Discarded or waste batteries may therefore no longer be landfilled or incinerated and must be processed with limited emissions.

The new Battery Regulation shall therefore also have an influence on the product regulations, transport regulations, environmental law, and regulations concerning waste, recycling and reuse/refurbishment.

In terms of content, the Battery Regulation relates to, among other things:

definitions of battery categories, the “reusing” of batteries in all aspects, the collection and recycling, the rules for a properly functioning Extended Producer Responsibility (EPR) for Producer Responsibility Organizations, the reduction of the carbon footprint of batteries, minimum performance and durability requirements (including lifespan), using a percentage of the recycled material, the removability and replaceability of batteries from devices and appliances, safety requirements, provision of information to the battery user regarding environmental and safety aspects, socially responsible and sustainable procurement of batteries by government agencies, due diligence in the battery value chain, especially in the extraction of raw materials, due diligence procedure and a CE marking.

This Battery Regulation defines 5 categories of batteries:

1. “SLI battery” or Automotive battery: any battery used solely for providing power for the starting, lighting or ignition of a motor vehicle and that can also be used for auxiliary or back-up purposes in vehicles or other means of transport or machinery (usually lead batteries);
2. “Electric Vehicle battery” (EV battery): A battery specifically designed to power Category L hybrid and electric road vehicles with a weight exceeding 25 kg, or of hybrid/electric vehicles from Category M, N or O. 
3. “Portable battery”: any battery that is sealed, weighs less than or equal to 5 kg, is not specifically designed for industrial purposes, and is neither an electric vehicle battery or a light vehicle battery or an SLI battery;
4. “Industrial battery” means a battery specifically designed for industrial use and all other batteries with a weight above 5 kg that is not a light vehicle battery, an electric vehicle battery or an SLI battery; Within this category “Batteries for stationary Energy Storage Systems” (ESS) are defined as follows: an industrial battery with internal storage specially designed to store and supply electrical energy from the power grid, or to store and supply electrical energy to the end user, wherever this battery is used or by whom it is used.
5. “Light vehicle batteries (LMT)”: any battery that is sealed and has a weight of less than or equal to 25 kg, designed to provide electrical power for the traction of wheeled vehicles that can be propelled by the electric motor alone or by a combination of motor power and human power, including approved Category L vehicles within the meaning of Regulation (EU) no. 168/2013, and which is not a battery of an electric vehicle.

Landfill Directive 1999/31/EC has the objective to prevent and reduce as much as possible the negative effects on the environment, in particular on surface water, groundwater, soil, air, and on human health from the landfilling of waste by introducing stringent technical requirements for waste and landfills.

The Landfill Directive defines the different categories of waste (municipal waste, hazardous waste, non-hazardous waste and inert waste) and applies to all landfills, defined as waste disposal sites for the deposit of waste onto or into land. Landfills are divided into three classes: landfills for hazardous waste; landfills for non-hazardous waste; landfills for inert waste.

Most of the EU Member States have introduced a landfill ban for untreated waste (including PV Panels), separately collected waste such as the products covered by EPR-regulations (such as PV Panels).

The Waste Shipment Regulation implements into EU law the provisions of the international Basel Convention on the control of transboundary movements of hazardous wastes and their disposal, as well as the related OECD decision.

The Regulation  2024/1157 repeals the Waste Shipment Regulation  1013/2006 and amends Regulations 1257/2013 and 2020/1056.

The timeline of the new Regulation 2024/1157 of 11 April 2024 is as follows:

• May 2027 - New rules on exports start to apply
• November 2026 - Plastic waste exports to non-OECD countries banned
• May 2026 - New provisions (except on exports) start to apply
• 20 May 2024 - New Waste Shipments Regulation enter into force

The Regulation will also increase traceability and facilitate the shipments of waste for recycling in the EU and beyond.  It will support the circular economy and ensure that waste exported from the EU is treated in an environmentally sustainable way.

Under the new Regulation, exports of EU waste to non-OECD countries will only be allowed if these countries inform the European Commission that they are willing to import waste and demonstrate that they have the ability to manage this in a sustainable manner. These new requirements will apply from 21 May 2027.

The export of plastic waste to non-OECD countries will be prohibited from 21 November 2026 for a period of 2.5 years, after which those countries may start receiving plastic waste subject to the strict rules of the regulation.

The new Regulation also sets out modern digitalized procedures to facilitate and better track the shipments of waste within the EU. This should make it easier to ship waste for recycling within the EU.

The procedures for shipping waste will become digital from 21 May 2026. Fast track procedures for certain eligible facilities designated by the Member States (“pre-consented facilities”) will also be made easier and more efficient. Additionally, there will be requirements to improve the transparency of shipments of waste within the EU.

The new law will complement the new Environmental Crime Directive 2024/1203, which also entered into force on 20 May 2024.

A main impact for the photovoltaic industry might come from a international decision, where the fifteenth Conference of the Parties to the Basel Convention amended the Basel Convention's Annexes II, III and VIII – proposal by Ghana and Switzerland -  to bring all imports and exports of electrical and electronic waste under the scope of that Convention. The amendments will enter into force from 1 January 2025 and will apply to all Parties – across the world - to the Convention, including the European Union and its Member States. Due to the fact that PV Panels are currently considered being e-waste, this decision has huge consequences for PV Panels !

The Waste Electrical and Electronic Equipment (WEEE) Directive is an example of an Extended Producer Responisbility legislation in  the European Union.

The first and initial WEEE Directive 2002/96/EC was published in the year 2002 and the transposition deadline towards each Member State of the European Union was February 2005.

The WEEE Directive:

• requires the separate collection and proper treatment of WEEE and sets targets for their collection, recovery and recycling and financing;
• helps European countries fight illegal waste exports more effectively by making it harder for exporters to disguise illegal shipments of WEEE;
• reduces the administrative burden by calling for the harmonisation of national EEE registers and of the reporting format.

The WEEE Directive covers a wide range of electrical and electronic equipment since the so-called “open scope” as from August 2018.

Photovoltaic panels are since 2014 under the scope of the WEEE Directive due to a political deal within the European institutions whereby all PV Panels have been excluded from the RoHS Directive (start of life phase) and all PV Panels have been put under the scope of the WEEE Directive (end-of-life phase).

A Directive is always addressed to the Member States of the European Union. The national (WEEE) law or any other national law derived from an European Directive is addressed to the companies or the natural or legal persons!

• July 2012: The  recast WEEE Directive 2012/19/EU was published. This version aimed to increase the amount of e-waste collected and recovered, improving environmental performance.
• August 2012: The recast WEEE Directive 2012/19/EU entered into force, repealing the original 2002/96/EC directive and gave the EU Member States 18 months time to transpose the minimum requirements of this WEEE Directive into their national legislation.
• February 2014: was the deadline for the EU-Member states  to transpose the recast WEEE Directive into their national legislation.
• August 2015: start for the  EU Member States  to achieve higher  minimum collection targets for electronic waste.
• August 2018: New additional product categories come under the scope of the WEEE legislation as defined in the recast WEEE Directive and their corresponding minimum collection targets ;the start of the so-called ‘Open Scope’ of the WEEE Directive meaning that – with the list of specific exclusions defined in the WEEE Directive – all electrical and electronic equipment which was not yet under the scope of WEEE , is since August 2018 (also) under the scope of the WEEE-obligations..

Extended Producer Responsibility (EPR) under the WEEE Directive  is an environmental principle that places responsibility for end-of-life management on the companies placing for the first time  electrical and electronic equipment on the territory of a country; this can be the manufacturer or the importer (even an installer); this responsible is defined under the WEEE Directive with the description ‘Producer’. This means that Producers are obliged to collect and recycle used equipment, so as to reduce its environmental impact. EPR aims to encourage the design of more sustainable and recyclable products, by shifting the financial and physical responsibility for waste treatment onto producers, thus encouraging a more circular economy.

In the WEEE Directive, the definition of "Producer" is defined as any natural or legal person  who, is established in a country of the European Union, and :

• Manufactures ànd sells electrical and electronic equipment (means also PV Panels and inverters) under his own  name or trademark,
• Resells under his own name or trademark electrical and electronic equipment (means also PV Panels and inverters) produced by other suppliers (the reseller is not considered the producer if the manufacturer's (brand) name appears on the equipment),
• Imports from another country of the EU-27 or from a country outside EU-27 and sells on a professional basis electrical and electronic equipment (wholesales, distributor).

NEW since 2014, is the online sales. A natural or legal person who is established outside the EU-27 and which is selling directly through a web platform (online) to households or businesses electrical and electronic equipment, is also defined as ‘Producer’ under the WEEE legislation.

a) Registration: registering with the responsible national authorities ("registers") in each country where you distribute or sell electrical and electronic equipment;

b) submit on a regular basis (monthly or quarterly) the amount of sold electrical and electronic equipment which you as ‘Producer’, has sold in the country: at minimum in pieces and kilograms;

c) submit on a regular basis the amounts of Waste Electrical and Electronic Equipment (WEEE) the Producer (or the PRO on behalf of the Producer) has collected and prepared for reuse, recycling,recovery and disposal;

d) organise and finance the collection, preparation for reuse, treatment, recycling and recovery of your electrical and electronic equipment;

e) foresee a Financial Guarantee;

f) inform owners of WEEE how they can bring back or hand over their WEEE to the Producer or the PRO;

g) inform waste treatment facilities about the presence of hazardous substances used in electrical and electronic equipment and their location in the equipment;

h) as a Distributor, providing a take-back service, whereby your customers can return WEEE free of charge;