Since FP is sold via Internet to different countries, how will they take producer responsibility according to the EU WEEE directive?
I am an expert in this subject and looking forward to seeing who will be appointed as their representative in Sweden.
Can you tell us more about this?
I’m no expert on this, so feel free to enlighten me on the details of the EU WEEE directives. My understanding is, however, that producer responsibility is taken in the same way as the phones are sold: coordination via internet, and then shipping. To this end, fairphone has an established recycling programme, which can be found here. They also state:
If you are a Fairphone owner, we are legally obliged to accept your old device for recycling. If you prefer this method, follow please fill in the form below.
The producer responsibility for electronic products states that the person puttning the product on the market is responsible for (among a few other things):
Registering to the authority (Swedish EPA in my case)
Making sure that the customer can get rid of the product when it becomes waste. In this case FP is obliged to join a collective scheme that has collection points in all Swedish municipalities.
Since FP is selling by means of distance communication from NL to DE, they have to appoint a representative in Sweden. The representative will make sure that FP fulfills all obligations in Sweden.
FP has an own take-back program. If I’m not mistaken, they don’t have to join a collective scheme if they set up an own system.
But I’m not the national WEEE-expert, I’m working more on RoHS (and yes, for outsiders this would sound like a very weird conversation 
)
The take back program is not enough I’m afraid since it makes the transportation illegal unless the transporting companies are permitted to transport hazardous waste. They will also need permission to export hazardous waste which is very complicated.
Also, FP are obliged to join a collective scheme since the phones are consumer products. At least in Sweden.
Yes, very weird! Where do you work? I work at the Swedish EPA but I guess it starts to become obvious…
This is a European directive? Sounds weird to me, because it sounds like the EU has decided that a company needs to represent itself in each individual member state rather than being able to sort things out on a Euro-wide level. Not only would this put an enormous administrative pressure on the company, they might simply not be able to oblige due to not being able to set up such a pan European network.
Are these rules being interpreted correctly here? I know it’s the EU we’re talking about and they’ve done weirder stuff but it feels counter productive.
Jerry, it’s not as complicated as it seems. At least not in Sweden. FP can write an agreement with the Swedish collection scheme who then will act as their representative as well as fulfill FP:s e-waste collection obligation.
That’s correct. And this is the way it works for almost all European Directives.
Since they have to be transposed in national law (a directive just says what kind of law a country has to write), a company has to be represented in each and every individual country…
Let’s say not every EU country would be ready to give up that much independence 
I’m at the Belgian federal ministry of environment. Don’t tell me you were also present at the workshop of the commission, a few weeks ago! 
No I wasn’t able to participate this time and in December I’m competing in The World Air Games in Dubai so no TAC for me then either. 