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Why The Guidelines For The Adoption Of A Public Policy Of Integrated Management Waste Electrical And Electronic Equipment (Weee) Are Set, And Other Provisions

Original Language Title: Por la cual se establecen los lineamientos para la adopción de una política pública de gestión integral de Residuos de Aparatos Eléctricos y Electrónicos (RAEE), y se dictan otras disposiciones

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1672 OF 2013

(July 19)

Official Journal No. 48.856 of 19 July 2013

CONGRESS OF THE REPUBLIC

By which guidelines are established for the adoption of a public policy for the comprehensive management of Waste Electrical and Electronic Equipment (WEEE), and other provisions are dictated.

THE CONGRESS OF THE REPUBLIC

DECRETA:

CHAPTER I.

PRELIMINARY RULES.

ARTICLE 1o. OBJECT. This law aims to establish guidelines for the public policy of integral management of the Waste of Electrical and Electronic Equipment (WEEE) generated in the national territory. WEEE is a differentiated management waste that must be managed according to the guidelines established by the Ministry of Environment and Sustainable Development.

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ARTICLE 2o. REACH. The provisions of this law apply throughout the national territory, to natural or legal persons who import, produce, market, consume electrical and electronic equipment and manage their respective waste.

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ARTICLE 3o. PRINCIPLES. For the application of this law they shall be as guiding principles:

a) Producer's Extended Responsibility. It is the duty of the producer of electrical and electronic equipment, throughout the different stages of the product life cycle;

b) Active participation. The National Government must provide the necessary mechanisms for the participation of producers, marketers and users of electrical and electronic equipment in the design, development and implementation of programs and projects. to deal with comprehensive waste management of these products;

c) Creating stimuli. The National Government will promote the generation of benefits and incentives for those involved in the exploitation and/or recovery of (WEEE);

d) Decentralization. Territorial entities and other entities which have the power to impose environmental obligations in respect of the management of WEEE shall be framed only within the framework of this Law and the general provisions to be adopted by the Ministry of the Environment, Housing and Territorial Development and other environmental authorities within the framework of their powers.

Support the achievement of the objectives of the programs that point to the national level and contribute to the integral management of the Waste of Electrical and Electronic Equipment (WEEE). Such strategies shall be in accordance with the provisions laid down in this Act;

e) Innovation, science and technology. The Colombian National Government, through public and private educational institutions in partnership with public and private enterprise, will promote training, research and technological development, aimed at a comprehensive management of Waste from WEEE Electrical and Electronic Equipment;

f) Graduation. The implementation and dissemination of this law will be done in the medium and long term, taking into account the progressive implementation of the programs and strategies to be adopted;

g) Product life cycle. It is the principle that guides decision-making, considering the relationships and effects that each of the stages has on all of them. It comprises the stages of research, procurement of raw materials, process of design, production, distribution, use and post-consumption management;

h) Production and sustainable consumption. On the basis of this principle, decisions are given to the reduction of the quantity of hazardous materials used and hazardous waste generated respectively by unit of production of goods and services. In order to alleviate the pressure on the environment, increase productivity and business competitiveness and simultaneously create awareness among consumers about the effect that products and their waste have on health and safety. environment;

i) Prevention. Strategies aimed at optimizing the consumption of raw materials, replacing hazardous substances or materials, and adopting clean practices, processes and technology.

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ARTICLE 4. DEFINITIONS. For the purposes of applying this law, the following definitions shall be taken into account:

Electrical and electronic appliances. All appliances which are required to operate in need of electric current or electromagnetic fields, as well as the apparatus necessary to generate, transmit and measure such currents.

Marketer. Natural or legal person in charge, for commercial purposes, of the wholesale or retail distribution of electrical and electronic equipment.

Final Disposition. It is the process of isolating and confining solid waste, especially those that are not used definitively, in places specially selected and designed to avoid contamination, and damage or risks to human health and the environment. In any case, the disposal of waste from Electrical and Electronic Equipment (WEEE) in landfills shall be prohibited.

Generator. Any natural or legal person whose activity involves the production or placing on the market of waste or electrical and electronic waste; without prejudice to the fact that the qualities of producer or marketer fall on the same person.

Comprehensive management. Joint articulated and interrelated policy actions, regulations, operational, financial, planning, administrative, social, educational, evaluation, monitoring and monitoring from the prevention of generation to the final disposal of waste electrical and electronic equipment, in order to achieve environmental benefits, the economic optimization of its management and its social acceptance, responding to the needs and circumstances of each locality or region.

Manager. Natural or legal person providing in whole or in part the services of collection, transport, storage, treatment, use and/or final disposal of the Waste of Electrical and Electronic Equipment (WEEE), within the the framework of the integral management and meeting the requirements of the current regulations. The Ministry of the Environment, Housing and Territorial Development, will implement a Register of those natural or legal persons who provide the services defined.

Producer. Any natural or legal person who, irrespective of the selling technique used, including distance selling or electronics:

i) Fabrique electrical and electronic equipment;

ii) Import electrical and electronic equipment, or

iii) Arme or assemble equipment on the basis of multi-producer components;

iv) Enter electrical and electronic equipment into the national territory.

v) Remanuminvoice electrical and electronic equipment of your own brand or remanufacture third party brands not linked to it, in which case it stamps your mark, provided that it is made with profit motive or commercial activity exercise.

PARAGRAFO. When EEE is placed on the market with its own brands despite being manufactured by third parties, the name of the producer must be included, so it is worth assuming that quality.

Waste Electrical and Electronic Equipment (WEEE). They are electrical or electronic devices at the time they are discarded or discarded. This term includes all the components, consumables and subassemblies that are part of the product at the time it is discarded, unless individually considered dangerous, in which case they will receive the intended treatment for such wastes.

Reconditioning. Technical renewal procedure, in which the functional and aesthetic conditions of an electrical and electronic apparatus are restored in order to be used in a new life cycle. It can also involve repair, in case the equipment has any damage.

Remanufactured. All the faulty electrical and electronic devices that have gone through an evaluation process by the producer where the damaged parts have been replaced and have been repackaged to go back to the market.

Retoma. It is the procedure established by the producer to collect and receive the Waste Electrical and Electronic Equipment (WEEE), in order to transfer them to reconditioning points or to the managers of WEEE.

Reuse. The reuse of an electrical or electronic equipment refers to any use of an apparatus or its parts, after the first user, in the same function for which the apparatus or part was designed.

User or Consumer. Any natural or legal person who contracts the acquisition, use or enjoyment of a good or the provision of a particular service.

WEEE New. Waste of equipment that is placed on the market after the entry into force of the regulations issued by the National Government on WEEE or in the term that is established there.

Historical WEEE. Waste of equipment that has been placed on the market before the entry into force of the regulations issued by the National Government on WEEE or before the term that is established there.

Huerfano WEEE. Waste of devices that do not have a product identification mark or the producer is no longer on the market.

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ARTICLE 5o. CLASSIFICATION OF WASTE ELECTRICAL AND ELECTRONIC EQUIPMENT (WEEE). For the national classification of Waste Electrical and Electronic Equipment (WEEE), the provisions to be established by the Ministry of Electrical and Electronic Equipment (WEEE) shall be taken into account Environment, Housing and Territorial Development in accordance with international regulations.

CHAPTER II.

OF RESPONSIBILITIES AND OBLIGATIONS.

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ARTICLE 6o. OBLIGATIONS. The National Government, producers, marketers, users and managers who perform the management and comprehensive management of Waste Electrical and Electronic Equipment (WEEE) should:

1. From the National Government:

a) Ensuring a healthy environment;

b) Design a public policy for the comprehensive management of Electrical and Electronic Equipment Waste (WEEE);

c) To order producers to establish directly (or through third parties acting on their behalf) systems for the collection and environmentally safe management of the waste generated by their products once they have finished their useful life;

d) Generate spaces for concertation, participation and socialization in order to promote a comprehensive management for the Waste of Electrical and Electronic Equipment (WEEE);

e) Establish inspection, surveillance and control mechanisms for the different actors involved in the management and management of Electrical and Electronic Equipment (WEEE) and their waste;

f) Support through comprehensive environmental education strategies to promote the environmentally safe management of Electrical and Electronic Equipment Waste (WEEE);

g) Establish incentives for waste managers of Electrical and Electronic Equipment (WEEE), which are part of the chain of integral management of the same and encourage their use and/or recovery;

(h) Establish relevant actions, procedures and penalties for producers, marketers and users who do not contribute to a comprehensive waste management of Electrical and Electronic Equipment (WEEE);

i) Municipal authorities and environmental authorities will carry out outreach, promotion and education activities that guide the users of electrical and electronic equipment, on the systems for collecting and managing the waste of these products. products and their obligations;

j) The National Government, through the Ministry of Trade, Industry and Tourism, will keep a register of permanent or sporadic producers and marketers of electrical and electronic equipment in order to promote the control of the adoption of national systems for the collection and management of waste from these products;

k) The National Government will make it easier for producers, through their tax and customs policy, to transition or migrate to ecologically friendly materials;

m) The National Government, through the Ministry of the Environment, Housing and Territorial Development, or anyone who has the authority to do so, will establish the guidelines and requirements for the collection and management of waste management systems. electrical and electrical equipment (WEEE), in particular for waste containing substances or materials that may affect health or the environment;

n) Establish an information mechanism, through the country's Environmental Information System, on the generation and management of Electrical and Electronic Equipment Waste (WEEE);

2. From Producer:

(a) The producer is responsible for establishing, directly or through third parties acting on his behalf, an environmentally safe collection and management system for the products placed by him on the market, according to the provisions for the establishment of the Ministry of Environment and Sustainable Development. It is also responsible for managing and financing the management system for the model it chooses;

b) Develop systems for the collection and management of waste from products placed on the market;

c) Prioritize alternative use or recovery of Electrical and Electronic Equipment Waste (WEEE);

d) Manage or manage Waste Electrical and Electronic Equipment (WEEE), only with companies that have the respective license, permit, or environmental authorization;

e) Provide the necessary information for the disassembly and identification of the various components and materials to encourage reuse and facilitate their recycling;

f) Inform users of their products, the parameters for correct return and management of Waste Electrical and Electronic Equipment (WEEE). This information must be fully, expressly and clearly presented to the consumer on their labels, packaging or attachments;

g) Reduce the environmental impact of your products by reducing and replacing the presence of hazardous substances or materials in your products;

h) Design strategies to achieve the efficiency of the return, collection, recycling and disposal of Electrical and Electronic Equipment Waste (WEEE);

i) Develop information and awareness campaigns on the appropriate management of electrical and electronic equipment (WEEE) waste;

j) Accept the return of WEEE by the end user, at no cost;

k) The producer shall report when the appliance contains components or substances that are harmful to health or the environment;

1) Provide information to end users on the ban on disposing of Waste Electrical and Electronic Equipment (WEEE), together with household solid waste. This information must be fully, expressly and clearly presented to the consumer on their labels, packaging or attachments;

(m) Producers whose electrical and electronic equipment, containing heavy metals or any other type of dangerous substance, must ensure, together with the manager, that during the handling of these wastes, no contamination is produced in the medium. environment or harm to human health;

n) Producers will be able to join together and form one or more collective systems without this entity replacing its responsibilities and obligations. "

PARAGRAFO. The obligations laid down in paragraphs (f), (h), (i), (j) shall be required for the marketing of electrical and electronic equipment within the framework of their social object, without prejudice to the other the law.

3. From the Marketer

a) The marketer of electrical and electronic equipment has the obligation to provide technical and logistic support to the producer, in the collection and environmentally safe management of the residues of these products.

4. User or consumer

(a) Users of electrical and electronic equipment shall deliver the waste of such products on the sites for which the producers or third parties acting on their behalf have to do so;

b) To assume their social responsibility with a comprehensive management of Waste Electrical and Electronic Equipment (WEEE), through the return of these wastes on a voluntary and responsible basis in accordance with the provisions set for this purpose;

c) Recognize and respect the right of all citizens to a healthy environment;

(d) The others to be set by the National Government.

5. Of the managers

a) Meet the environmental technical standards established for the collection and management of Electrical and Electronic Equipment Waste (WEEE);

b) Ensure the environmentally safe management of Electrical and Electronic Equipment Waste (WEEE) in order to prevent and minimize any impact on health and the environment, especially when they contain heavy metals or any other dangerous substance;

c) Ensuring an environmentally sound management of Electrical and Electronic Equipment Waste (WEEE);

CHAPTER III.

NATIONAL WASTE POLICY FOR ELECTRICAL AND ELECTRONIC EQUIPMENT (WEEE).

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ARTICLE 7o. GOALS. The National Government, in compliance with its constitutional duties, is responsible for the elaboration, planning, coordination, execution and monitoring of actions aimed at the development of a comprehensive waste management Electrical and Electronic Equipment (WEEE), for which the National Energy and Electronic Equipment Waste Policy (WEEE) should be developed, taking into account the following objectives:

1. Minimize the production of Waste Electrical and Electronic Equipment (WEEE).

2. Promote a comprehensive management of the Waste Electrical and Electronic Equipment (WEEE), in order to minimize the risks to human health and the environment.

3. To encourage the use of the Waste of Electrical and Electronic Equipment (WEEE) in each of its stages as an alternative for the generation of social employment and as an economically viable sector.

4. Promote the full integration and participation of producers, marketers and users of electrical and electronic equipment in the development of strategies, plans and projects for a comprehensive management of Waste Electrical and Electrical Equipment Electronic.

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ARTICLE 8o. the National Government, through the Ministry of Environment and Sustainable Development, with the support of the Ministry of Commerce, Industry and Tourism, the Ministry of the Environment, the Ministry of Commerce, Social protection, the Ministry of Information and Communications Technologies and the Ministry of Mines and Energy, will formulate a public policy of Waste Electrical and Electronic Equipment (WEEE). To this end, they will also invite the different sectors involved such as Chambers of Commerce, industrialists, academia and management companies. This policy will be worked across and will take into account the following components:

a) Infrastructure. To facilitate the development of an infrastructure covering processes for the return, collection and recycling of Waste Electrical and Electronic Equipment (WEEE).

This infrastructure will mainly be directed towards supporting the creation of recycling companies that are dedicated to the integral management of the Waste Electrical and Electronic Equipment (WEEE);

b) Regulations. To develop legal and legal instruments through which all matters concerning the Waste of Electrical and Electronic Equipment (WEEE) are regulated and that serve as a legal instrument to demand, from each of the actors their responsibilities and the guarantee of their rights;

c) Procedures. To facilitate the creation and formalisation of waste recycling companies for Electrical and Electronic Equipment (WEEE) through the relaxation of procedures for the issue of environmental licences;

d) Diagnosis. Develop a diagnosis of the behavior of the electrical and electronic equipment sector to establish the characteristics, zoning and waste flow of Electrical and Electronic Equipment (WEEE), in the country;

e) Organization. Establish system procedures and requirements for the development of comprehensive management of the waste of electrical and electronic equipment (WEEE);

f) Economic. To make economic and financial instruments available to facilitate the management of Waste Electrical and Electronic Equipment (WEEE). These instruments can come from the public, private or international sectors and will be consistent with the economic, legal and social reality of the country.

In addition, the comprehensive management of Electrical and Electronic Equipment Waste (WEEE) should become a source for wealth and employment generation;

g) Cooperation. Establish channels of communication and cooperation with the private sector, so that they can jointly establish the parameters for a comprehensive management of Electrical and Electronic Waste (WEEE);

h) Disclosure. To develop, at national level, a communicative strategy in order to disseminate the Waste of Electrical and Electronic Equipment (WEEE), the risks to human health and how to make proper final management of them;

i) Managers. Involve the waste managers of Electrical and Electronic Equipment (WEEE), in the development of strategies, plans and projects for good management of them;

j) Training. To develop education and training processes to generate knowledge on Electrical and Electronic Waste (WEEE), risks to human health and good final management. This training will be extended to producers, marketers and users of electrical and electronic equipment (WEEE);

k) Research, science and technology. To promote research programmes and agreements to help optimize the comprehensive management of Electrical and Electronic Waste (WEEE), and innovation in science and technologies aimed at minimizing the production of these wastes.

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ARTICLE 9o. INFORMATION ON ELECTRICAL AND ELECTRONIC EQUIPMENT. The Ministry of Trade, Industry and Tourism within the framework of its powers shall:

a) Implement a register of permanent or sporadic EEE producers, in order to promote the control of the adoption of the systems for the selective collection and environmental management of the residues of these products.

PARAGRAFO 1o. The DANE will carry classified consumption statistics of electrical and electronic devices that are marketed in the country.

PARAGRAFO 2o. The DIAN will design and implement special strategies to prevent and control the introduction or importation into the country of contraband Electrical and Electronic Equipment or those that do not comply with the provisions laid down in this Act.

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ARTICLE 10. RESOURCES. For the development of this law, resources from the public, private and international cooperation sectors will be considered as sources of financing.

PARAGRAFO 1o. The National Government will be able to incorporate the budget items needed to comply with the provisions of this law.

PARAGRAFO 2o. The National Government and the private sector will be able to search for resources, sources of income, and mechanisms to promote a comprehensive management of the Waste of Electrical and Electronic Equipment (WEEE).

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ARTICLE 11. NATIONAL COMMITTEE FOR WASTE ELECTRICAL AND ELECTRONIC EQUIPMENT (WEEE). The National Government will establish the National Committee on Waste Electrical and Electronic Equipment (WEEE) as a consultant to the Ministry of Environment, Housing and Development. Territorial.

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ARTICLE 12. MEMBERS OF THE NATIONAL COMMITTEE FOR WASTE ELECTRICAL AND ELECTRONIC EQUIPMENT. Haran part of the National Committee:

a) Two (2) representatives of the Ministry of Environment and Sustainable Development;

b) One (1) representative of the Ministry of Trade, Industry and Tourism;

c) One (1) representative of the Ministry of Information and Communications Technologies;

(d) One (1) representative of the Ministry of Social Protection;

e) Three (3) representatives of the productive sector, who will have a more non-voting voice in decision-making;

f) Two (2) representatives of the waste managers, who will have a more non-voting voice in decision-making;

g) Two (2) representatives of national and international entities, leaders in the management of Waste Electrical and Electronic Equipment (WEEE), who will have a more voice vote in decision-making.

PARAGRAFO. The Technical Secretariat of this Committee will be in the head of the Ministry of Environment and Sustainable Development.

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ARTICLE 13. FUNCTIONS OF THE NATIONAL COMMITTEE.

a) Foster and strengthen the policy for the management of Electrical and Electronic Waste (WEEE);

b) Advising in the formulation of the Waste of Electrical and Electronic Equipment (WEEE) policy;

c) Track and verify the development of policies, strategies and programs that ensure comprehensive management of Electrical and Electronic Equipment Waste (WEEE);

d) Establish the mechanisms of consultation with the private sector;

e) Studying sources of funding to develop policies, strategies and programs for comprehensive management of Electrical and Electronic Equipment Waste (WEEE);

f) Promote cross-sectoral plans and programmes that contribute to the dissemination of risks to the human health of electronic waste, as well as the management of such waste;

g) Driving research and technological innovation in relation to better comprehensive management of Electrical and Electronic Equipment Waste (WEEE);

h) The National Committee shall establish the functions it deems relevant for the development of its activities.

CHAPTER IV.

GENERAL PROVISIONS.

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ARTICLE 14. OF THE REMANUFACTURED. All producers and marketers of remanufactured electrical and electronic equipment, must accept the provisions of this law and establish programs for return, collection and final disposal of the WEEE.

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ARTICLE 15. DISSEMINATION AND PROMOTION. It is for the Ministry of Environment, Housing and Territorial Development and environmental authorities in the field of their jurisdiction, the promotion and dissemination of public policy for Waste Electrical Equipment and Electronic (WEEE).

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ARTICLE 16. National Government through the Ministry of Environment and Sustainable Development with the support of the Ministry of Information and Communications Technologies, will create a website for the purpose of:

(a) Inform the waste electrical and electronic equipment (WEEE), its classification and the damage it can cause to human health or the environment;

b) Report on the plans, programs, projects and strategies that are being developed at the national level for the integral management of the Waste Electrical and Electronic Equipment (WEEE);

c) Publish the name of the producers and marketers who are performing the integral management of the Waste Electrical and Electronic Equipment (WEEE).

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ARTICLE 17. EVALUATION. The Ministry of Environment, Housing and Territorial Development will establish management indicators for results that allow the evaluation and monitoring of the different collection and management systems that are developed at national level for a integral management of the Waste of Electrical and Electronic Equipment (WEEE).

Management indicators will be established based on coverage strategies, number of collection points, number of collection days, and information and prevention policies adopted, as well as donations and reconditioning of EEE when they contribute to the implementation of social and public benefit programmes. In any case, the implementation of management indicators will be consistent and implemented in accordance with the principle of graduality.

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ARTICLE 18. MONITORING. The Ministry of Environment, Housing and Territorial Development, the urban and regional environmental authorities, as well as the other Ministries in the framework of their competencies, will have the responsibility to follow up the strict compliance with the provisions laid down in this Law.

PARAGRAFO. To exercise the relevant surveillance and control, the Ministry of Environment, Housing and Territorial Development shall establish the parameters and mechanisms applicable to the environmental authorities responsible for the effectiveness of the process.

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ARTICLE 19. BAN. The of Waste Electrical and Electronic Equipment (WEEE) in sanitary fillers is prohibited. It will be the responsibility of the Ministry of Environment, Housing and Territorial Development to regulate the use and disposal of WEEE in safety fillers. In any case, its regulation will be adjusted to the number of registered managers.

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ARTICLE 20. REGULATION. The National Government shall regulate this law on the basis of the criteria laid down therein.

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ARTICLE 21. COORDINATION MECHANISMS. The Ministry of Environment, Housing and Territorial Development will coordinate the various activities to achieve the maximum results in the purposes and purposes of this law.

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ARTICLE 22. OF THE IMPORTATION OF ELECTRICAL AND ELECTRONIC EQUIPMENT. The Ministry of Environment and Sustainable Development and the Ministry of Commerce, Industry and Tourism, with the support of the DIAN, will establish an instrument of control and monitoring of the import of used electrical and electronic equipment, reconditioned, repaired, reconstructed, for donation purposes, etc. In order to ensure the application of the principle of Extended Responsibility of the Producer and to ensure the differentiated environmental management of these equipment, at the end of their useful life, when they are discarded by the end user or consumer.

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ARTICLE 23. OF THE TRANSBOUNDARY MOVEMENT OF RAEE. The transboundary movement of waste electrical and electronic equipment (WEEE) shall be governed in accordance with the provisions of the Basel Convention and/or other established international guidelines. for this purpose, where appropriate.

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ARTICLE 24. VALIDITY AND REPEAL. This law governs from its enactment and repeals all provisions that are contrary to it.

The President of the honorable Senate of the Republic,

ROY MONTEALEGRE BARRIERS.

The Secretary General of the honorable Senate of the Republic,

GREGORIO ELJACH PACHECO.

The President of the honorable House of Representatives,

AUGUSTO POSADA SANCHEZ.

The Secretary General of the honorable House of Representatives,

JORGE HUMBERTO MANTILLA SERRANO.

COLOMBIA-NATIONAL GOVERNMENT

Publish and comply.

Dada en Bogotá, D. C., at 19 July 2013.

JUAN MANUEL SANTOS CALDERÓN

The Minister of Finance and Public Credit,

MAURICIO CÁRDENAS SANTAMARIA.

The Minister of Commerce, Industry and Tourism,

SERGIO DIAZGRANADOS GUIDA.

The Minister of Environment and Sustainable Development,

JUAN GABRIEL URIBE.

The Minister of Information and Communications Technologies,

DIEGO MOLANO VEGA.

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