weee, rohs and energy efficiency in latin america 2016

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Update on WEEE, RoHS and Energy Efficiency Initiatives in Latin America and the Caribbean Keith E. Ripley Temas Actuales LLC www.temasactuales.com [email protected] 17 May 2016

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Page 1: WEEE, RoHS and Energy Efficiency in Latin America 2016

Update on WEEE, RoHS and

Energy Efficiency Initiatives in

Latin America and the Caribbean

Keith E. Ripley

Temas Actuales LLC

www.temasactuales.com

[email protected]

17 May 2016

Page 2: WEEE, RoHS and Energy Efficiency in Latin America 2016

About Temas Actuales LLC

Temas was founded as a specialized consultancy to

1. track and assess legislative, regulatory and policy developments in Latin America and the Caribbean – whether at the national, sub-regional or regional level.

2. help clients adopt politically and socially aware policies with regard to such developments.

3. promote dialogue and cooperation between the private and public sectors in the region, with a view to forging alliances to tackle common policy concerns.

For more information, visit www.temasactuales.com

Page 3: WEEE, RoHS and Energy Efficiency in Latin America 2016

What’s Hot, What’s Just Simmering

• HOT:

• Bolivia: implementing rules for new waste law.

• Brazil: Conclusion & signature of national sectoral takeback agreement on WEEE;

implementing measures for SMA Resolution 45 in SP.

• Chile: implementation of EPR bill; introduction of energy efficiency bill.

• Colombia: proposal for WEEE implementing decree; bill on lead.

• Ecuador: RTE on energy efficiency for computers and peripherals.

• Other Regulatory Issues to Watch:

– Brazil: call for proposals for national take-back agreement on batteries; implementing decrees for take-back provisions of laws in BA, DF, RJ, RS.

– Chile: MEPS proposals.

– Ecuador: regulations for WEEE categories other than cell phones.

– Mexico: Energy Transition Law implementing regulation; NOM proposal on external power supply.

• Other Legislative Issues to Watch:

– WEEE proposals in Nicaragua, Panama, Uruguay.

– Mexico: environmental claims bill; Baja California WEEE bill.

Page 4: WEEE, RoHS and Energy Efficiency in Latin America 2016

WEEE Initiatives in LAC

Measures addressing WEEE being imple-

mented in Brazil; Chile; Colombia; Costa Rica;

Ecuador; Mexico; Peru; 6 Argentine provinces;

many Brazilian states (depends on how you

count them).

WEEE regulatory proposal may finally emerge

in 2016 in Venezuela.

Bills addressing WEEE pending in Argentina,

Nicaragua, Panama, Uruguay, 3 Argentine provinces.

Page 5: WEEE, RoHS and Energy Efficiency in Latin America 2016

WEEE – Argentina - National

Background Environment to be Aware of: New President Macri was active on environmental issues (esp. waste, WEEE, batteries, climate, energy efficiency) while CABA Mayor; one of his first acts was to elevate SAyDS to Ministry status. However, his political opponents have Congress majority.

Current Status: Despite 10 yrs. of debate, no national law yet. 3 bills active. Federal Environment Council (COFEMA) continues discussing submitting a consensus bill to Congress. Bill S-3421/15 would require producers to:

constitute, organize, manage and finance individual or collective WEEE management systems;

Submit system plans to Environment Ministry for evaluation and approval;

Mark their EEE with crossed-out wheelie bin symbol.

Bill 0775-D-2015: companies would have to create at least 1 WEEE reception center in each town of 5,000 in habitants or more.

Bill 0703-D-16 is a copy of a previously unsuccessful bill (9042-D-2014).

Page 6: WEEE, RoHS and Energy Efficiency in Latin America 2016

WEEE – Argentina – Provinces

More Provinces Moving to Act

Legend

Red = existing WEEE laws directly

affecting producers, importers and/or

distributors

Pink = WEEE bills that would directly affect

producers, importers and/or distributors

Dark Green = existing WEEE laws with no

discernable impact on producers, importers

and/or distributors

Light Green = WEEE bills with no

discernable impact on producers, importers

and/or distributors

Page 7: WEEE, RoHS and Energy Efficiency in Latin America 2016

WEEE – Argentina – Provinces (2)

Current Status: WEEE laws in 5 provinces + CABA, but only 2 (PBA, Chaco) affect producers/importers directly. Most pre-2016 WEEE bills in provinces that might have affected producers/ importers were archived; exceptions are in Cordoba and Salta.

Most existing provincial laws make WEEE collection a provincial responsibility

and/or are of “digital divide” type – promote refurbishing of old EEE for sale or donation to improve access to computers.

Key provisions of 2011 Province of Buenos Aires (PBA) law vetoed by governor, and implementing rules never issued.

Not all implementing rules for Dec. 2013 Chaco law issued yet.

While technically still alive, Cordoba bill has been inactive for 3 years.

Salta bill passed by lower chamber in Nov. 2014 and still pending in provincial senate would require “providers” to take back EEE at their establishments or pay a tax to fund state program to do.

Bill just introduced in Buenos Aires Province is a copy of a bill that has failed before.

Page 8: WEEE, RoHS and Energy Efficiency in Latin America 2016

WEEE – Coverage under

Bolivia’s New Waste Law? New waste law adopted 28 Oct. 2015 contains EPR and packaging

provisions which may affect producers/distributors.

EPR provision requiring producers or distributors of designated products to: develop deposit/return mechanisms or other mechanisms for the recovery

and valorization of wastes from their products, assuming the corresponding costs;

establish agreements or covenants with municipal governments to improve collection systems and integrated management of wastes.

Law calls for this provision to initially apply to a few categories, including batteries and piles.

HOWEVER, as written Law does not exclude Executive Branch from adding products to targeted implementation, and in its draft bill submitted to the Congress, they included WEEE. Officials hint WEEE may be added back in.

Implementing decree was supposed to be issued by 25 April, but not yet emerged.

Page 9: WEEE, RoHS and Energy Efficiency in Latin America 2016

WEEE - Brazil – National

Background Environment to be Aware of: Impeachment trial of President Rousseff playing havok with the legislative calendar. Unclear yet how appointment by interim President of Sarney Filho as Environment Minister (a position he served in previously) may affect regulatory implementation of the Waste Law.

Issue Status: National waste law (12.305/2010) requires take-back of EEE, lamps, batteries

by agreement or regulation. Lamp sectoral agreement began implementation in 2015. WEEE

sectoral agreement near signing. New movement in Congress toward a separate WEEE law.

Call for proposals for sectoral agreements on “reverse logistics” (take-back) issued for electro-electronics and for lamps (fluorescent, sodium & mercury vapor, mixed light). Batteries will come later, since they are already covered to some extent by CONAMA Resolution 401/2008.

Under Waste Law, if sectoral agreement not approved, take-back will be by term of commitment (few actors and/or limited scope) agreement and/or regulation. Sectoral agreements not fully national in scope can be considered “floor, not ceiling” – cities, states can impose additional terms.

Lamp agreement signed 27 Nov. 2014, now under implementation.

Agreement on electro-electronics expected to be announced and signed “very soon” now

that the formal creation of a third party take-back management organization for WEEE,

“Green Electron,” announced on 20 April 2016.

Page 10: WEEE, RoHS and Energy Efficiency in Latin America 2016

WEEE - Brazil – National (2)

Congress getting impatient? WEEE bill PL 2045/2011 revived in Nov. 2015 by

Chamber of Deputies Environment Committee voting for a substitute text and 4 linked bills on WEEE and batteries.

Among other things, substitute text would: broaden scope; add distributors to responsible parties; add language on how collection and rates would be calculated; delete EEE from the take-back provision of national waste law.

Bill now under review by Justice Committee.

Page 11: WEEE, RoHS and Energy Efficiency in Latin America 2016

WEEE – Brazil – States A Confusing Mosaic

States with Broad WEEE Laws States with Computer Waste

Laws

States with Reverse Logistics

Waste Law Covering EEE States with Broad

Waste Law Authority

State Waste Laws with

EPR Provisions Targeting

Electro-Electronics

Page 12: WEEE, RoHS and Energy Efficiency in Latin America 2016

WEEE – Brazil – States (2)

Current Status: CE, RO, SE waste laws have EPR provisions on electronics; MA, MS, MT, PB, PE & PR have computer waste laws; AC, AM, ES & SP have broader WEEE laws. AL, BA, MG, RJ, RS have waste laws with take-back articles covering WEEE. Recent developments:

Alagoas: Oct. 2015 waste law calls for take-back of categories in national waste law.

Amazonas: SP-style WEEE law promulgated on 27 March 2015. General waste policy bill just sent to state assembly would create take-back obligation for all categories covered by national waste law.

Bahia: draft implementing decree offered for public comment in Dec. 2015 for 2014 waste law with take-back articles affecting EEE, batteries and packaging.

Ceará: bill modelled on SP WEEE law close to plenary vote.

Federal District: Nov. 2014 waste law calls for WEEE take-back either through regulation or negotiated sectoral agreement. No implementing measure yet.

Maranhão: Waste bill introduced Sept. 2015 would impose take back on EEE, batteries.

Rio de Janeiro: June 2014 law added a chapter to waste law on take-back including batteries & EEE. On 22 April 2015 state assembly overrode governor’s line-item veto to require take-back systems to include discount on new products when returning old ones. No implementing measure yet.

Rio Grande do Sul replaced its waste law in April 2014 with one with take-back articles affecting EEE, batteries and packaging. No implementing measure yet.

Page 13: WEEE, RoHS and Energy Efficiency in Latin America 2016

WEEE – Brazil – States (3)

Current Status: On 23 June 2015 São Paulo State’s Environment Secretariat (SMA) Resolution 45 mandated take-back agreements for 9 product categories, including electro-electronic products and their components, certain lamps and batteries.

Requires manufacturers, importers, distributors and merchants to set up and implement take-back systems.

To be accomplished through “term of commitment” agreements (TCs) between SMA/environment agency CETESB and sectoral associations, groups of companies or third-party organization representing sector. CETESB to issue guidelines for TC contents and targets.

In Dec. 2015 SMA/CETESB signed 3 of the new-style TCs (automotive filters, vegetable oils, pesticide packaging); their common denominator is tougher targets.

Companies not participating in a sectoral TC for their products must also implement take-back and meet targets set by CETESB that are proportional to the targets set for TC participants.

State Waste Committee to draw up a proposal restricting the sale of products by companies based in other Brazilian states that are not party to a TC or take-back system approved by São Paulo State.

Page 14: WEEE, RoHS and Energy Efficiency in Latin America 2016

WEEE - Chile

Current Status: Extended Producer Responsibility (EPR) bill sent 13 May 2016 to President Bachelet for signature includes EEE, batteries. Draft of implementing decree expected by end-2016.

General EPR obligations would be:

enroll in a special registry through Pollutant Release & Transfer Registry (RETC);

organize and finance the collection of their end-of-life (EOL) products under authorized “management system.” Such systems would have to be proposed through Management Plans and approved by the Ministry of Environment (MMA). MMA could restrict choice of compliance system if deemed necessary to prevent market distortions.

comply with recovery/valorization targets and “associated obligations” (labeling, transparency requirements, deposit/return system, etc.) to be specified in implementing legislation;

ensure that the collected wastes are treated by authorized waste managers;

“limitations on hazardous substances in products” (essentially RoHS);

Eco-design.

Page 15: WEEE, RoHS and Energy Efficiency in Latin America 2016

WEEE - Colombia

Current Status: 2010 computer and battery waste regulations in force until replaced; draft implementing decree just proposed for 2013 WEEE law. Resolution 1512/2010 on management of computers and

peripherals (incl. printers) implementation continues. Must submit plans, meet collection targets (which increase 5% p.a. until 50%

reached), report on implementation annually by 31 March. Also, 30% of computers/peripherals collected annually must be refurbished for reuse in educational and cultural centers.

Resolution 1297/2010 on management of waste batteries implementation continues. Includes both primary and rechargeable batteries (including Li ion). Must submit plans, meet collection targets (which increase 4% p.a. until 2016,

then 5% p.a. until 45% reached), report on implementation annually by 31 March.

Under proposed WEEE Law implementing decree (see next slide), these will remain in force until Ministry proposes replacements in line with the decree.

Page 16: WEEE, RoHS and Energy Efficiency in Latin America 2016

WEEE - Colombia (2)

Law 1672 adopted 19 July 2013. Under the Law, producers must:

Create, administer and finance WEEE collection and management system;

Accept the return of WEEE by final users, with no cost to them;

Inform when the equipment contains components or substances harmful to health or the environment;

Reduce or substitute harmful components or materials.

On 31 March 2016 the Ministry issued for public consultation its proposed implementing decree. The decree would:

cover all EEE produced, sold or consumed in Colombia, except any granted a specific exemption by the Ministry. The Ministry would issue a separate resolution classifying WEEE for purposes of implementation [expected to follow EU Directive annexes];

require producers, individually or collectively, to submit to the National Environmental Licensing Authority (ANLA) management plans that observe minimum management standards and achieve targets set by the Ministry.

Require all EEE to be marked to indicate that it is subject to take-back (references in an earlier draft a specific symbol – the crossed-out wheelie bin – is absent from this draft).

Page 17: WEEE, RoHS and Energy Efficiency in Latin America 2016

WEEE - Costa Rica

Current Status: 2010 Decree to be implemented using general provisions

for special wastes in Special Waste Decree (38272-S) published 24 March

2014.

According to Decree 38272-S, producers/importers of all covered special wastes,

including those under Electronic Waste Decree (35933-S), were to form or join a

registered Compliance Unit (CU) by 24 September 2014. The registered CU must

submit a waste plan, file annual compliance reports, ensure collected special wastes

are managed in strict compliance with legislation in force, and guarantee

management targets are met.

Until Decree 35933-S is amended (as Health Ministry

said in past it will do), EEE products affected are those

listed in 35933-S.

Most EEE multinationals use the Association of

Businesses for the Integrated Management of Electronic

Wastes (ASEGIRE) as their CU.

Page 18: WEEE, RoHS and Energy Efficiency in Latin America 2016

WEEE - Ecuador

Current Status: WEEE Policy Framework adopted, awaiting category-specific regulations. Battery waste regulation also adopted. WEEE: On 31 Jan. 2013 Environment Ministry (MAE) adopts Ministerial

Accord (AM) 190, providing guiding principles, policy axes, general guidelines, key terms and definitions. AM 191 adopted at same time with specific rules for cell phones. AM’s providing specific rules for other EEE categories expected.

Batteries: On 29 April 2013 MAE published AM 22 on waste piles. Covers HgO, NiCd, NiMH, NiFe, Li ion chemistries. Doesn’t cover those piles which can’t be separated from cellular phone and electronic equipment. Manufacturers/importers must:

Register with MAE’s Registry of Generators of Hazardous Waste;

Present a 5-yr waste management plan;

Report annually on certain implementation data;

Include specified warning label on covered piles;

Achieve 5% collection end of first year, rising 5% per year thereafter until 85% achieved. 100% collection required for Galapagos.

Page 19: WEEE, RoHS and Energy Efficiency in Latin America 2016

Mexico - WEEE

Current Status: binding NOM-161-SEMARNAT-2011 in force since 30 July 2013 requires filing waste plans for certain batteries and WEEE; attempts at standalone WEEE bills fail in National Congress; electronic waste bill introduced in Baja California state (BC).

NOM-161 defines "technological wastes" subject to Waste Law's requirement to submit waste management plans to cover, inter alia: computers; LCD and plasma displays; portable AV players; cables for electronics; printers; copiers; multifunctionals.

As amended in Nov. 2014, NOM-161 designates piles containing Li, Ni, Hg, Cd, Mn, Pb, Zn and "any other element" "in levels not considered as hazardous waste" by corresponding NOM, to be "special management waste“ subject to waste plan requirement.

Bill on “electronic wastes” introduced 05 Nov. 2015 in BC legislature. Would amend the state's waste law to:

add a broad definition of “electronic wastes”;

authorize the Executive Branch to expedite state environmental norms to regulate the integrated management of electronic wastes;

spell out specific minimum contents for management plans regarding electronic wastes.

Page 20: WEEE, RoHS and Energy Efficiency in Latin America 2016

WEEE - Peru

Current Status: 2012 WEEE Regulation supplemented by August 2015

regulation.

Supreme Decree 001-2012-MINAM of 27 June 2012 required IT,

telecom and consumer electronics to submit WEEE management plans

by 27 June 2013.

Supreme Decree 200-2015-MINAM of 11 August 2015 requires: the 8 other WEEE categories must submit a plan to the Production Ministry by 11

August 2016;

all plans for IT, telecom equipment and consumer electronics must adopt a 4%

annual management rate in their first year of implementation, rising 3% per year

through the 5h year (i.e., up to 16%), with existing plans for these categories

required to have been updated by 11 Feb. 2016) to reflect these targets;

calculating annual targets using an average of the weight imported/manufactured

over the prior three years, plus a 10% packaging “correction factor.”

annual legal declarations (essentially implementation reports) must be filed in first

15 working days of each year.

Plans to tighten definition of “producer” dropped for now.

Page 21: WEEE, RoHS and Energy Efficiency in Latin America 2016

WEEE - Venezuela

Current Status: Relevant implementing instruments not yet issued.

Waste Law took effect 30 March 2011.

Law’s chapter on bulky and technological wastes covers household appliances and mechanical, electronic and automotive equipment “including their batteries.”

Law’s technical regulations, to be issued by National Council on Integrated Management of Wastes chaired by Environment Ministry, have not yet been issued covering this chapter.

WEEE Working Group created in spring 2013 to formulate integrated management plan for WEEE and a legal norm that regulates the involvement of manufacturers and marketers in the IT sector.

Meanwhile, government creating a series of WEEE collection points, starting with major metropolitan areas, and collection campaigns, focused initially on batteries and cell phones.

Page 22: WEEE, RoHS and Energy Efficiency in Latin America 2016

WEEE - Other Nicaragua: Waste bill now pending final approval in National Assembly has article calling for WEEE regulation.

Panama: Bill on WEEE introduced on 01 Feb. 2016. Would cover household appliances and electronic equipment and devices, including their power sources, chargers and batteries. Would require distributors/merchants of "low density" appliances and electronic equipment/devices, including all batteries, cell phones and tablets, to provide collection centers for EOL equipment. "High density" WEEE would have to follow a collection/disposal protocol to be set by a multi-stakeholder committee.

Uruguay: Bill introduced in August 2015 would require EEE producers, their representatives and distributors to enter a special national registry. Distributors/marketers must receive WEEE without cost to the client obtaining a new equipment or product. The Executive Branch would be in charge of the final disposition of collected WEEE.

Page 23: WEEE, RoHS and Energy Efficiency in Latin America 2016

RoHS Initiatives in LAC

Several Argentine federal/provincial WEEE measures/

proposals include provisions calling for reducing original RoHS 6

(only a matter of time before proposals add DEHP, BBP, DBP

and DIBP to list).

Brazilian voluntary technical standard ABNT IECQ 080000:2010

may be made mandatory by reference in laws/regulations. INMETRO’s

quadrennial work plan calls for a mandatory regulation on RoHS.

New Chilean EPR law includes RoHS as EPR obligation.

Colombia’s WEEE law calls for producers to reduce or substitute

harmful components or materials – may be used as basis for RoHS implementing

measure. Draft award criteria for Colombia’s voluntary ecolabel call for RoHS

compliance.

Ecuador’s AM 190 (WEEE policy framework) signals intent to block

equipment containing persistent organic pollutants (POPs) (PFOS, DBEs, pentaBDE,

octaBDE).

Page 24: WEEE, RoHS and Energy Efficiency in Latin America 2016

Other LAC Initiatives Related

to RoHS

Mercury Law in Colombia: Passed in 2013. Draft implementing decree proposed in July 2015 would restrict imports of certain mercury-containing batteries, vehicle switches, rectifiers, thermometers.

Mercury-Containing Products Bill in Argentina: Passed Senate in Dec. 2014, pending in Chamber of Deputies. Would ban all manufacture, import and marketing of instruments, components, equipment and health and medical devices containing mercury.

Lead Bill in Colombia: Bill 148-15 on lead in products and processes approved by Senate on 03 Dec. 2015, sent to Chamber of Deputies. Would, inter alia: set maximum lead content limits for “technological articles” in which lead is “indispensable”; require informing Environment Ministry of storage, transit and destination of all lead-containing products marketed in Colombia; require labeling of all lead-containing processed products to indicate the lead content of the product.

More to Come on Mercury: 20 LAC nations signed, 7 have ratified, Minamata Convention. In addition to product-specific restrictions called for by Convention, LAC countries considering further Hg restrictions.

Page 25: WEEE, RoHS and Energy Efficiency in Latin America 2016

LAC Energy Efficiency Initiatives

EE laws or regulations in place in Argentina,

Brazil, Colombia, Costa Rica, Cuba, Mexico,

Panama, Peru, Uruguay, Venezuela. EE laws have been

drafted in Chile, El Salvador, Honduras, Guatemala, Paraguay.

Mandatory EE labeling rules for specific products

in Argentina, Brazil, Chile, Colombia, Costa Rica, Cuba,

Ecuador, Honduras, Guatemala, Mexico, Nicaragua, Uruguay,

Venezuela. Labeling rules forthcoming in Peru, in process in

Panama.

Org. of Eastern Caribbean States (OECS) adopting common

EE labeling rules. Rest of CARICOM considering following suit.

SICA Efficient Lighting Strategy commits 7 Central American

nations + Dominican Republic to EE rules for lighting.

Breadth, depth & pace of EE action likely to increase significantly

because of funding & technical assistance by major donors.

Page 26: WEEE, RoHS and Energy Efficiency in Latin America 2016

Energy Efficiency - Argentina

SCIyM Resolution 319/99 created mandatory energy labeling program.

Decree 140/2007 created wide-ranging Program for Rational and Efficient Energy Use (PRONUREE), which banned incandescents, required efficient public lighting, required EE plans for government offices, industry, revived labeling program.

6 technical regulations setting mandatory EE labels: TVs in active & standby modes; clothes washers; fluorescents for general lighting; incandescent bulbs; air conditioners; refrigerators/freezers.

Voluntary EE technical standards agreed by Argentine Standardization & Certification Institute (IRAM): measuring power in standby; ballasts for fluorescent lamps; building heating systems; water heaters; centrifugal pumps; tri-phase induction motors. These standards expected to eventually be made mandatory.

Page 27: WEEE, RoHS and Energy Efficiency in Latin America 2016

Current Status: Law allows setting mandatory levels; INMETRO has

aggressive EE certification/labeling regulation

program.

Law 10.295/2001 and Decree 4.059 allow government

to set mandatory energy consumption or efficiency levels.

Levels have been set for several appliances, motors,

CFLs. INMETRO currently tightening efficiency levels for

air conditioning, ovens, refrigerators.

INMETRO recent certification/labeling rulemaking

focused more on lighting, buildings, vehicles.

INMETRO Portaria 170/2012 set voluntary certification

standards for IT, including EE standards & test methods

for desktops & portable computers. If INMETRO holds to

pattern, it will propose making these standards and

certification mandatory.

Energy Efficiency - Brazil

Page 28: WEEE, RoHS and Energy Efficiency in Latin America 2016

Current Status: Aggressive EE

labeling program continues, now

MEPS program being phased in,

starting with lighting.

Recent Electricity Superintendency (SEC) Resolutions set EE certification/

labeling rules for dozens of products (see box):

MEPS rules initiated on lighting in

2014; proposed on tri-phase motors in

Oct. 2015.

Inter-ministerial committee drafting

proposal for Law on Energy Efficiency

President will forward to Congress in 2016.

Energy Efficiency - Chile

Page 29: WEEE, RoHS and Energy Efficiency in Latin America 2016

Energy Efficiency – Colombia

Current Status: After years of inaction, Colombia moved on public lighting in 2009 and

now turning to EE certification and labeling for priority products.

Law 697/2001 on Rational and Efficient Energy Use (URE) created legal framework.

Ministry of Mines & Energy (MinMinas) issued on 18 Sept. 2015 a technical regulation on

EE certification/ labeling (RETIQ).

RETIQ sets general principles and provides general definitions to be applicable to all products to be

required to be certified and labeled for energy consumption/energy efficiency.

Specific definitions and rules also provided for each product category covered by initial product

scope of RETIQ: electromagnetic and electronic lighting ballasts; air conditioners; refrigerators and

freezers; clothes washers; water heaters; single phase and tri-phasic induction motors; gas cooking

appliances.

MinMinas proposed in Dec. 2015 and again in April 2016 draft resolution to amend, add to

and clarify portions of RETIQ to clarify provisions on testing, certification and labeling;

including new proposed labels that would be affixed to products warning consumers that

the product in question either was produced prior to the RETIQ Regulation taking effect, or

its conformity with RETIQ standards could not be certified.

Future specific RETIQ additions under consideration: TVs; computers; fans; electric

showerheads.

Page 30: WEEE, RoHS and Energy Efficiency in Latin America 2016

Energy Efficiency - Ecuador

Current Status: Aggressive program of EE technical regulations continues, along with import restrictions based on efficiency.

In recent years Ecuadorian National Standards Institute (INEN) and Industry & Productivity Ministry have adopted flurry of technical regulations (RTEs) on EE for TVs & monitors, CFLs, dishwashers, fans, clothes washers & dryers, household refrigeration, electric ovens, microwave ovens, AC, power distribution transformers.

Voluntary EE technical norms on buildings, stationary electric motors, solar water heaters, induction stoves, automotive refrigeration systems, expected to be turned into mandatory regulations.

COMEX (Customs) regulations:

Banned imports of residential incandescent bulbs as of Jan. 2010;

Zero out tariffs for CFLs and most efficient T5 & T8 tubes;

Restricts imports of refrigeration devices;

Restricts all but "A' category air conditioners

INEN proposed 07 Oct. 2015 RTE 128 on conformity assessment for safety and

energy efficiency of computers & peripherals – products would have to comply with

IEC 60950-1 standard and Energy Star. Final version pending.

Page 31: WEEE, RoHS and Energy Efficiency in Latin America 2016

Current Status: aggressive NOM program on setting EE

certification/labeling standards continues, with next

slated be on external power supplies (EPS); LASE

energy consumption labeling provisions to continue

under new Energy Transition Law (LTE).

CONUEE 2016 work program approved 24 Nov. 2015 calls for new

NOM proposals on EPS & solar water heaters, and updates of 8

existing NOMs regarding: household refrigerators & freezers; room

air conditioners; split air conditioners; clothes washers; general use

lamps; LED lamps; LED luminaires; tri-phase induction motors.

LTE replaces Law on Sustainable Energy Use (LASE), but CONUEE

retains its task to manage a catalogue of equipment and devices that

must provide information on, and label their products regarding, their

energy consumption. The LTE provisions on this subject include some

of the LASE reform proposals suggested by CONUEE in 2014, namely: coverage of products marketed (not necessarily those distributed) in Mexico;

allowance for the energy consumption information to be made on packaging

instead of the product;

exemption for those products already covered by energy efficiency NOMs.

Energy Efficiency - Mexico

Page 32: WEEE, RoHS and Energy Efficiency in Latin America 2016

CONUEE circulated for comment in autumn 2015 draft NOM-

029-ENER-2015 on external power supplies. Consultations and

workshops have been held since Nov. Plan is to issue formal

proposal sometime during 2016 after taking into account

feedback.

Draft NOM would set the minimum energy efficiency values in

operation, the maximum electrical power in no-load mode, test

methods for evaluation, and specification of the minimum

information for marking.

As drafted, efficiency levels would be required at V (just as rest

of the world goes to VI) and testing would have to be done at an

accredited national laboratory.

Proposed marking:

Energy Efficiency - Mexico (2)

Page 33: WEEE, RoHS and Energy Efficiency in Latin America 2016

Energy Efficiency - Peru

Current Status: 2000 rational energy use law largely unimplemented until energy

efficiency certification/labeling program launched in 2013. First set of draft

regulations released March 2015.

In April 2014 consumer protection authority, INDECOPI, issued a binding resolution on

“General Guidelines for the Labeling, Packaging and Advertising in Compliance with the Law

on the Promotion of Efficient Use of Energy.”

12 March 2015 Energy & Mines Ministry (MEM) published for public consultation 9 draft

product-specific certification/labeling technical regulations, on: tri-phase motors; AC; clothes

washers and dryers; lamps; fluorescent lamp ballasts; household water heaters; boilers;

refrigerators. Finalized versions expected to be issued by this summer.

This is just the first batch of labeling regulations; MEM plans more once these are in place.

MEM indicates it plans to start proposing MEPS regulations for some of these products

during 2016.

On 11 February 2016 the President issued Supreme Decree 004-2016-EM, requiring public

entities and companies, when they have to acquire or replace tri-phase induction motors, AC,

refrigeration equipment, household clothes washers & tumble dryers, lamps, fluorescent

lamp ballasts or water heaters, to purchase the most efficient device available in the

marketplace. MEM is to issue a Ministerial Resolution within one year outlining guidelines for

such purchases, including how to identify the most efficient equipment.

Page 34: WEEE, RoHS and Energy Efficiency in Latin America 2016

Energy Efficiency - Uruguay

Current Status: New national plan seeks to put new into slow

implementation of the 2009 Law.

Efficient Energy Use Law and its implementing decree adopted in 2009,

along with mandatory EE technical regulations on electric water heaters,

CFLs. Refrigerators technical regulation adopted in 2010.

In 2012 public administrations were required to only procure the most

efficient equipment subject to the labeling program.

2015-2024 National Energy Efficiency Plan adopted in August 2015 calls

for:

a standard and label on standby power.

further labeling regulations for: office equipment; televisions; LED lamps; household

electric clothes washers; electric clothes dryers (drum type); gas water heaters (tank);

wall-mounted tankless water heaters; gas cookstoves; wood stoves.

MEPS for energy-consuming devices.

installation of energy efficient public lighting.

Page 35: WEEE, RoHS and Energy Efficiency in Latin America 2016

Current Status: 2011 law being implemented through technical regulations on MEP, labeling, certification.

Law on Rational and Efficient Use of Energy signed on 19 December 2011.

MEP/labeling technical regulations have been adopted on air conditioners, household refrigerators/ freezers, CFLs, LEDs and electric water heaters. Clothes washers and electric pumps expected next.

Electricity Ministry reportedly intends to eventually issue technical regulations for all energy-consuming equipment covered by other regimes in Latin America.

Energy Efficiency - Venezuela

Page 36: WEEE, RoHS and Energy Efficiency in Latin America 2016

Energy Efficiency – Other Country

Initiatives

Bolivia: Supreme Decree 29466 adopted in 2008 created National Energy

Efficiency Program (PNEE), which called for, inter alia, an EE law and

regulatory program and norms setting EE standards for equipment, along

with a conformity certification system. Neither has emerged yet.

Costa Rica: 1996 implementing regulation of 1994 Rational Energy Use

(URE) Law set EE standards & labeling requirements for air conditioners,

refrigerators & freezers, electric motors, lamp ballasts, water heaters,

electric stoves & ovens, fluorescent lamps, automobiles. Environment

Ministry proposed in 2013 exempting from tariffs LEDs, fluorescents, air

conditioner filters, and high-efficiency air conditioners, refrigerators &

freezers.

Cuba: 2009 regulation set EE technical requisites & labeling requirements

for importation & sale of "principal equipment of final electricity use" -

refrigerators, clothes washers, air conditioners, fans, CFLs, clothes irons,

coffee makers, pressure cookers, rice cookers, microwave ovens.

Page 37: WEEE, RoHS and Energy Efficiency in Latin America 2016

Energy Efficiency – Other Country

Initiatives (2)

El Salvador: obligatory EE technical norms adopted in 2009 for household &

commercial refrigeration equipment, & integrated CFLs. Administration to submit draft

EE law to National Assembly.

Guatemala: draft EE law submitted to Congress in Oct. 2012.

Nicaragua: obligatory EE technical norms adopted in 2008 for self-ballasted CFLs,

incandescents, air conditioners & heat pumps, household & commercial refrigeration

equipment, and tri-phase induction motors.

Panama: EE law adopted 12 Oct. 2012, implementing decree 19 June 2013.

Technical regulations on minimum performance, certification & labeling supposed to

begin in 2013, with initial focus on lighting, refrigeration & AC, but is behind schedule.

Paraguay: National EE Committee created in 2011. National EE plan released in

2015. A general and 6 product-specific voluntary labeling norms on: AC; self-

contained refrigeration; fluorescent lamps; electric tankless water heaters; table, wall,

pedestal fans; ceiling fans. Bill for Rational & Efficient Energy Use (URE) law sent to

Congress.

Page 38: WEEE, RoHS and Energy Efficiency in Latin America 2016

Thank You!