End-of-Life Management Best Practice Guidelines (Version 1.0)

2.1. Quantification of risks

Legally, the handling of EoL products in the PV industry is subject to Extended Producer Responsibility (EPR) policies, which not only cover PV panels but also extend to inverters, storage systems, and their accompanying packaging. It is within this legal context that the industry is tasked with upholding environmental integrity, from the initial stages of product design to the EoL.

This chapter offers a comprehensive analysis of the current EU legislation that pertains to EoL management within the PV industry. It presents the specific legislative requirements imposed on the PV sector, providing a detailed understanding of the regulatory framework governing the industry's responsible EoL practices.

More specifically, the chapter highlights the Waste Electrical and Electronic Equipment (WEEE) Directive, the Battery Directive (soon to be replaced by an updated Battery Regulation), the Waste Framework Directive (WFD), Ecodesign Regulations, and the Packaging Directive. By shedding light on existing legislations and offering insights into future regulatory developments, this chapter aims to provide clarity on the evolving legal responsibilities and environmental accountability for the European PV industry.

2.2. Extended Producer Responsibility

The principle of the Extended Producer Responsibility (EPR) means that whoever places a product on the European market, is also responsible for organising its collection, treatment and financing once these become waste. Therefore, in addition to guaranteeing the quality and safety of the products placed on the European market, producers must also provide for the environmentally sound management of waste from products and packaging.

EPR is one of the main instruments the EU has established to support the development of a circular economy, using discarded products as a source for materials that can be re-used, reducing the need to use new raw materials.

EPR has been applicable to PV panels since 2012, when they were included in the scope of the WEEE Directive. Before 2012, the EU Packaging Directive and the Battery Directive imposed EPR obligations on batteries used in photovoltaic installations and packaging in which various PV products are delivered in.

To comply with EPR obligations, producers can choose to do individually, or collectively via Producer Responsibility Organisations (PROs) and compliance schemes. In all cases the obligations require the establishment of collection networks for different types of waste, and the requisite logistics and treatment technologies for enhanced recovery of materials. In this way, EPR helps the development of sustainable waste management and recycling industries that can also bring significant environmental, social and economic benefits.

Compliance schemes guarantee that waste from their participants complies with WEEE, battery and packaging EPR obligations. They are organised on a collective basis, generating cost efficiencies for their members. There are PROs in operation in each of the 27 EU Member States and the UK that adhere strictly to local requirements and regulations.

The collection and recycling networks established by schemes like these include certified operators’ equipment with all the quality standards and financial capabilities to meet the relevant collection and recycling requirements.

2.3. Requirements arising for the PV sector from the Waste Framework Directive

2.3.1. Summary of current producer obligations

The Waste Framework Directive 2008/98/EC (WFD) came into force in 2008, repealing the Directives 75/439/EEC,  91/689/EEC  and  2006/12/EC. A consolidated version was published in 2018. This directive outlines the waste management guidelines in the EU and lays down measures to protect the environment and human health. The WFD establishes the key principles for waste management, including a waste hierarchy that orders waste management practices from most desirable to least desirable.

Article 8 of the WFD outlines the concept of extended producer responsibility (EPR), which requires producers to take financial and organisational responsibility for the management of waste generated by their products. This is done through the establishment of EPR schemes that are regulated by Article 8a. The purpose of Articles 8 and 8a is to promote sustainable waste management practices and to outline the general minimum requirements for EPR schemes that the EU Members States can implement locally.

The EPR schemes must have a clearly defined geographical, product and material coverage without giving preference to those areas where the collection and management of waste are the most profitable. They shall also be responsible for ensuring that waste collection systems have an appropriate level of availability within the areas under their geographic scope. They shall have the necessary financial and/or organisational means to meet their obligations and will establish an adequate self-control mechanism, supported, where relevant, by regular independent audits. In addition, they shall make information about the attainment of the waste management targets publicly available.

The Member States shall allow producers placing products in another Member State to appoint an authorised representative on its territory to fulfil their obligations. Member States may also set requirements for this authorised representative, such as registration, information, and reporting requirements, to monitor and verify compliance.

Member States are required to facilitate regular communication among stakeholders such as producers, distributors, waste operators, local authorities, civil society organisations, and social economy actors regarding the implementation of EPR schemes.

2.3.2. Outlook

Despite existing legislation, municipal waste generation has increased over the last decade. Therefore, the European Commission is currently working on a targeted revision of the WFD and has conducted a preliminary analysis to assess its impact, including stakeholder consultations running from January-February 2022.

According to the analysis, low recycling rates, as well as lower quality recyclable materials, are in part due to inefficient waste-collection systems. The Commission defined the scope of the targeted amendment of the WFD in 2023, based on this analysis, and taking into consideration efforts to implement the 2018 Waste Package, and the ongoing reviews of the Packaging Directive, Batteries Regulation, Industrial Emissions Directive, and the Ecodesign for Sustainable Products regulation.

This suite of reforms aims to decrease waste generation, and to improve separate waste collection, as well as avoiding the contamination of recyclable waste. The initiative aims to achieve these objectives by promoting full implementation of waste prevention provisions and recycling, providing additional guidance, and considering regulatory measures. The regulatory measures may include targets on waste reduction and/or residual waste reduction, expanding the role of EPR schemes in attaining waste-prevention objectives, introducing minimum requirements for source segregation and separate collection of waste, and by expanding EPR schemes to other product categories.

Transposing and implementing new provisions and adapting collection schemes may lead to additional costs at the national and local levels. Producers may also incur costs through adjustments made to existing EPR schemes, or the establishment of new ones. On the other hand, reducing waste could lead to lower waste-management costs and benefit the cost- efficiency of the waste-management sector and secondary raw materials markets.

After the completion of the impact analysis, the European Commission started a public consultation with all relevant stakeholders. The consultation was held to gather feedback and input from interested parties on the proposed changes to the Directive. The consultation ended on 24 August 2022, and the Commission published its Proposal to amend the Directive in July 2023. The feedback period on the proposal lasted until November 2023, and will be presented to the European Parliament and Council to feed into the legislative debate.

2.4. Requirements arising for the PV sector from the WEEE Directive

2.4.1. Summary of current producer obligations

The WEEE Directive introduces EPR which obliges the producer of electronic and electric equipment to finance the collection, treatment, recovery, and environmentally sound disposal of the e-waste. Furthermore, the WEEE Directive promotes the ecodesign of electric and electronic equipment in view of facilitating the re-use, dismantling, and recovery of WEEE, its components, and materials. In the PV industry the producer is normally the equipment manufacturer, or a distributor that has imported the component into an EU Member State’s market.

The WEEE Directive distinguishes between equipment used by private households, and that used by professionals when elaborating the financing structure for the management of electric and electronic equipment:

1.    Products used by both – private users and professionals – are considered as household equipment (also called B2C equipment), thanks to the ’dual notion’ and should be registered and reported as such (for example - standard PV panels generating electricity inside in private households and in solar parks are considered as household equipment). Producers or importers of household equipment are obliged to finance the collection, treatment, recovery, and environmentally sound disposal of WEEE from private households. When a producer places a product on the market, they must provide a guarantee showing that the management of all WEEE will be financed. The guarantee may take the form of participation in appropriate compliance schemes for the financing of the management of WEEE, recycling insurance, or a blocked bank account.

2.    Products used only by professionals (B2B equipment) generate e-waste in larger quantities, from commercial, industrial, institutional, and other sources. In the case of a large-scale PV system, designed for professional use, the producer of the professional equipment used (e.g., utility-scale inverters, racking systems) must finance the cost of collection, treatment, recovery, and the environmentally sound disposal of WEEE. Producers and users other than private households may conclude agreements defining other financing methods.

The WEEE Directive divides electrical and electronic equipment (EEE) into 6 categories. PV panels fall under Category 4, dedicated to Large Equipment. It is worth mentioning that each Member State can set up its own categorisation for PV panels whilst transposing the WEEE Directive into its national legislation. Project developers should always be aware of these differences in the transposition of the WEEE Directive across EU Member States.

The Directive imposes a set of seven obligations on producers of EEE, including PV panels, where the producer must:

1.    Register in the national WEEE register, in case of distance selling – through the authorised representative.

2.    Finance the collection and treatment of waste PV panels. This obligation can be fulfilled either individually or by joining a collective scheme.

3.    The producer must ensure that private households can return WEEE free of charge.

4.    Achieve annual collection and recovery, recycling targets.

5.    Report on a regular basis to the authorities about the quantity of PV panels and inverters put on the market in that country, of the achievement of collection and treatment targets, and waste shipped within or outside the EU.

6.    Mark the product with a crossed-out wheelie bin. This is designed to indicate to the end-user that the equipment must not be put in the general rubbish but consigned to its own waste stream.

7.    Provide information for end-users about the proper disposal of PV panel waste, the role of the end-user in waste management, the potentially harmful effect of the presence of hazardous substances in EEE, and the meaning of the crossed-out wheelie bin.

8.    Provide information for waste treatment plants of the composition of the product, including the use of the hazardous substances to support proper treatment.

As alluded to above, the WEEE Directive (Art. 7(1)) establishes collection targets that must be fulfilled by producers of e-waste. These include a minimum collection rate to be achieved annually of:

•         65% of the average weight of EEE placed on the market in the three preceding years in the Member State concerned, or alternatively 85% of WEEE generated on the territory of that Member State.

Member States must demonstrate achievement of either one of the collection rates above on an annual basis. Collection rates set in Art. 7(1) do not set individual collection rates for specific product categories, they refer to the national target to be achieved for WEEE in general and not to each one of the different categories.

The WEEE Directive also set recovery targets and recycling and re-use targets for equipment falling into Category 4 from 15 August 2018 (Art. 11 and Annex V):

•         A minimum of 85% of all products under Category 4 must be recovered.

•         A minimum of 80% of these recovered products (including PV panels) shall be prepared for re-use or recycled.

These targets are input-based and are calculated by dividing the weight of WEEE entering the recovery or recycling/preparing for re-use facility, by the weight of all separately collected WEEE of the same category, expressed as a percentage (Article 11(2)).

Single countries can apply a different calculation model for the collection target of PV panels due to the very low return rate (actually below 1% of the volume put on the market). This can heavily influence the cost of waste compliance for this category.

The WEEE Directive does not define specific categories for PV components, such as inverters and modules. Therefore, EoL management varies depending on the EU Member State in question and their national regulations. Usually, inverters are considered and handled as “household electronics” or “consumer electronics” by e-waste companies and a financial contribution must be paid by the inverter manufacturer to a national system to ensure proper management of the inverter at the EoL stage. National regulations differ in criteria (levels, weight, sizes, etc.) and a difference between industrial and household e-waste is often made. However, the boundaries between the different power capacities are not always clearly defined or harmonised. Therefore, a clearer or more harmonised distinction between power capacities for electronics (what is “household”? What is “commercial”?) could facilitate the management of inverters’ waste for the relevant stakeholders.

2.4.2. Outlook

The Proposal for a Directive of the European Parliament and of the Council amending Directive 2012/19/EU on waste electrical and electronic equipment (WEEE) 2023/0025 (COD) aims to amend Article 12, paragraphs 1, 3 and 4, Article 13(1) and Article 15(2) of the WEEE Directive as a follow-up to the judgement of the Court of Justice of the European Union in case C-181/20. The proposal maintains the full effectiveness of the EPR provisions. However, the EPR obligations currently placed on producers cannot be applied retroactively to PV equipment that was put on the market of a Member State before it was included in the scope of the WEEE Directive.

The proposal also aims to amend Article 14(4) and Article 15(2) to update the reference to the European standard EN 50419 by replacing it with the revised version of this standard, adopted in 2022. These proposed targeted amendments do not relate to any other policy provision in the WEEE area.

On October 6, 2022, the European Commission decided to evaluate the progress made under the WEEE Directive 2012/19/EU. The evaluation of the WEEE Directive is expected to provide evidence on whether the Directive is still fit for purpose, to explore any untapped potential for simplification and burden reduction as well as help to determine whether a review is needed. The evaluation report will be guided by the following three questions:

1.    To what extent was the implementation of the WEEE Directive successful and which were the main problems and the main challenges and why?

2.    Did the EU intervention make a difference?

3.    Is the intervention still relevant given developments since its entry into force?

The evaluation will cover the implementation of the WEEE Directive along with the related secondary legislation and any related measures and good practices taken at the national level in all Member States. It will pay particular attention to aspects for which implementation has been particularly challenging, such as:

1.    Meeting the WEEE collection targets.

2.    Ensuring the proper treatment of WEEE, and a related level playing field.

3.    Applying the Extended Producer Responsibility requirements (in particular for online sales).

4.    Combating illegal activities and substandard practices in the whole WEEE management process.

Moreover, the evaluation will consider and collect evidence on all relevant legal (e.g., legal coherence and consistency with related legislation), environmental, economic, social, employment, health and technological aspects and developments relating to the generation and management of WEEE. It will provide an overview of the current situation and provide clear points of comparison against which to judge changes, progress and challenges faced.

2.5. Requirements arising for the PV sector from the Battery Directive

2.5.1. Summary of current producer obligations

The Directive 2006/66/EC of the European Parliament and of the Council of 6 September 2006 on batteries and accumulators and waste batteries and accumulators and repealing Directive 91/157/EC (the Battery Directive) entered into force in September 2006. The Directive distinguishes between portable batteries and accumulators and industrial and automotive batteries and accumulators. According to the Directive, batteries and accumulators used in connection with PV Power Plants and other renewable energy applications are considered as industrial batteries and accumulators and are defined as follows:

‘Industrial battery or accumulator’ means any battery or accumulator designed for exclusively industrial or professional uses or used in any type of electric vehicle.

The Directive sets the minimum collection target for EU Member States of 45% for all batteries by 26 September 2016. Member States shall adapt collection rates on a yearly basis according to a specific scheme defined in the Directive.

The Directive also establishes the following minimum recycling targets:

-   65% by average weight of lead-acid batteries and accumulators.

-   75% by average weight of nickel-cadmium batteries and accumulators.

-   50% by average weight of other waste batteries and accumulators.

The Directive established two basic requirements addressing the producers of industrial batteries and accumulators directly:

 •  Collection: producers, or parties acting on their behalf, must take back waste batteries from end- users, independently of their chemical composition and origin. At the same time, the legislation does not forbid the collection of waste industrial batteries by independent third parties.

•   Financing: producers, or parties acting on their behalf, must finance the collection, treatment and recycling of all waste industrial batteries and accumulators they have collected. On the other hand, producers are also allowed to conclude financing agreements with the users, in this way deviating from this financial obligation.

2.5.2. Outlook

To modernise the EU legislative framework for batteries and accumulators, a Battery Regulation, which will repeal Battery Directive, was proposed for discussion and published for consultation in December 2020. Contrary to a Directive, which needs to be transposed into national laws, a Regulation has direct effect and enters into force on a set date in all the Member States.

Beginning in June 2023, the European Battery Regulation will gradually replace Directive 2006/66/EC. It will be implemented in all EU Member States simultaneously for the common purpose of minimising the harmful effects of batteries on the environment.

For the first time, the new requirements will cover the entire lithium battery life cycle (from extraction of the raw material to production, design, labelling, traceability, collection, recycling and re-use). Batteries will be divided into the following groups, depending on the application for which they are designed:

1.    Portable and sealed batteries weighing 5 kg or less.

2.    Portable batteries for general use, rechargeable and non-rechargeable.

3.    LMT (light means of transport) batteries sealed and weighing 25 kg or less.

4.    SLI (start, light and ignition) batteries for automotive use.

5.    EV (electric vehicle) batteries, designed to provide power for traction of hybrid or electric vehicles.

6.    Industrial batteries and all other batteries weighing over 5 kg not for use on vehicles or light means of transport.

Under the Battery Regulation, ‘Industrial battery’ means any battery:

•         Designed specifically for industrial uses, or

•         Intended for industrial uses after being subject to preparation for re-use or repurposing, or

•         Any other battery with a weight above 5 kg that is not an LMT battery, an electric vehicle battery or an SLI battery.

Apart from modifying the definition of an industrial battery and inserting the new ones, the proposed Regulation suggests various changes and improvements in terms of design, minimum performance levels and general take-back obligations.

Detailed EPR obligations

Contrary to the Battery Directive, the Regulation details the obligation to provide EoL information to the end user, as well as information on safety and protection measures for distributors and other economic operators.

According to the Regulation, producers can choose whether to comply with EPR on an individual basis, or via a PRO, which can modulate producer fees against environmental criteria. Both individual and collective systems must have authorisation from the competent authorities to operate on the market.

Collection of industrial batteries must be organised by producers or collection points - organised in cooperation with distributors and operators carrying out re-use, repurposing, treatment and recycling facilities, as well as public authorities - free of charge for the end-users.

The following new minimum recycling efficiencies are introduced by the Regulation:

No later than 31 December 2025

•         75% by average weight of lead-acid batteries.

•         65% by average weight of lithium-based batteries.

•         80% by average weight of nickel-cadmium batteries.

•         50% by average weight of other waste batteries.

The recycling efficiency refers to the percentage of the entire battery that is recycled. It is calculated on the basis of the overall chemical composition (at elemental/compound level) of the input and output fractions. ‘Input fraction’ refers to the components of the battery entering the recycling process and ‘output fraction’ refers to the components that are produced from the input fraction as a result of the recycling process.

No later than 31 December 2030

•         80% by average weight of lead-acid batteries.

•         70% by average weight of lithium-based batteries.

A new requirement related to a minimum recovery level of specific materials in the recycling process is also introduced:

By 31 December 2027

•         90% of cobalt, copper, lead, nickel and 50% of lithium shall be recovered.

By 31 December 2031

•         95% of cobalt, copper, lead, nickel and 80% of lithium shall be recovered.

The Regulation also provides the exact information that the registration application of battery producers shall contain and sets a deadline for the issuance of registration numbers.

In addition, it obliges the producers of industrial batteries to report to the competent national authorities annually on the batteries made available on the market of the Member State, as well as the data on collections and deliveries for preparing for re-use or repurposing, and for treatment.

Recycled content

60 months after entry into force of the Regulation or 24 months after the entry into force of the delegated act establishing the methodology for the calculation and verification of the share of recycled metals, whichever is later, industrial batteries with a capacity above 2 kWh, except those with exclusively external storage, that contain cobalt, lead, lithium or nickel in active materials will be accompanied by technical documentation containing information about the share of metals recovered from waste.

96 months after entry into force of the Regulation, the technical documentation of industrial batteries with a capacity above 2 kWh, except those with exclusively external storage, will demonstrate the following minimum recycled shares:

•         16% for cobalt.

•         85% for lead.

•         6% for lithium and nickel.

156 months after entry into force of the Regulation:

•         26% for cobalt.

•         85 % for lead.

•         12% for lithium.

•         15% for nickel.

New information and labelling requirements

36 months after the entry into force of the Regulation or 18 months after the entry into force of the implementing act, batteries will be marked with a label containing general information on the battery including, hazardous substances contained in the battery other than mercury, cadmium or lead, as well as critical raw materials.

Additionally, 42 months after entry into force of the Regulation, batteries will be marked with a QR code providing access to:

•         The battery passport for industrial batteries with a capacity above 2 kWh.

•         The general information referred to above, wheelie bin, chemical symbols, declaration of conformity, the report on due diligence policies and the information regarding the prevention of waste and the management of waste batteries.

Labels and QR codes will be applied directly to batteries 12 months after the date of entry into force of the Regulation. Stationary battery energy storage systems that use a battery management system will contain in their battery management system current data on the parameters for determining the state of health and expected lifetime of batteries. The information stored will be made available to the end- users, as well as the third parties engaged in the repurposing of the batteries.

Conformity of batteries

The Regulation also lays down the requirements concerning the conformity assessment procedure. All batteries, before being placed on the market or put into service in the EU, will undergo conformity assessment. After that, the EU declaration, confirming a battery’s compliance with the requirements of the Regulation, will be drawn up and CE marking will be affixed to the battery.

Repurposing and remanufacturing

The Regulation also establishes requirements applicable to the repurposing and remanufacturing of industrial batteries. This obliges those engaged in repurposing and remanufacturing processes to ensure that those batteries comply with all relevant requirements established in the Regulation and those related to product design, environmental, human health protection and transport safety in other EU legislation.

Supply-chain due diligence for raw materials

From 24 months after entry into force of the Regulation, economic operators that place batteries on the market will be obliged to comply with the newly established supply chain due diligence obligations. The proposal establishes a turnover threshold for this requirement at EUR 40 million.

According to the Regulation, ‘battery due diligence means the obligations of the economic operator, in relation to its management system, risk management, third-party verifications and surveillance by notified bodies and disclosure of information with a view to identifying, preventing and addressing actual and potential social and environmental risks linked to the sourcing, processing and trading of the raw materials and secondary raw materials required for battery manufacturing including suppliers in the chain and their subsidiaries or subcontractors that perform such activities.’

Battery passport

From 42 months after entry into force of the Regulation, each industrial battery with a capacity above 2 kWh placed on the market or put into service shall have a digital battery passport, which shall be accessible through the QR code. The battery passport shall include information on the basic characteristics of the battery, the battery model and information specific to the individual battery.

In case of repurposing or remanufacturing, the party responsible for putting the repurposed or remanufactured battery on the market or into service will be responsible for the data provision in the passport.

2.6. Requirements arising for PV sector from Packaging Directive

2.6.1. Summary of current producer obligations

The European Packaging and Packaging Waste Directive 94/62/EC (1994) (PPWD) entered into force on June 30, 1996. This Directive covers all packaging placed on the European market, including industrial, commercial, service, and household packaging, regardless of the material used. The legal act aims to prevent the generation of packaging waste and minimise its environmental impact.

The provisions are legally binding only for Member States, not producers. Therefore, the exact obligations that producers must comply with vary depending on how PPWD has been transposed in each EU Member State. Thus, the obligation to finance the collection, recovery, recycling, and re-use, and the accompanying registration and reporting processes, among others, are subject to national legislation.

Considering two possible applications of PV products, one being residential use, characterised by smaller PV panels, and the second being larger, or utility-scale solar installation, PPWD defines two different types of packaging, to which PV products could belong:

1.    For household PV panels, the sales or primary packaging, defined as packaging conceived so as to constitute a sales unit to the final user or consumer at the point of purchase.

2.    For industrial solar installations, the transport packaging or tertiary packaging, defined as packaging conceived so as to facilitate handling and transport of a number of sales units, or grouped packaging to prevent physical handling and damage during transportation. Transport packaging does not include road, rail, ship and air containers.

In terms of Member State responsibilities, they shall take the necessary steps to:

1.    Encourage the increase in the share of reusable packaging placed on the market and of systems to reuse packaging in an environmentally sound manner (deposit-return schemes; setting of qualitative or quantitative targets; use of economic incentives; setting up of a minimum percentage of reusable packaging placed on the market every year for each packaging stream). Establish systems to provide for the return and/or collection of waste packaging from the consumer, other final user, or from the waste stream in order to channel it to the most appropriate waste management alternatives.

2.    Aim for the re-use or recovery of packaging including recycling of the packaging and/or packaging waste collected against the following minimum targets:

a.   60% of the weight of packaging waste will be recovered or incinerated at waste incineration plants with energy recovery.

b.  Currently a minimum of 55% of the weight of packaging waste will be recycled. This figure will rise to 65% as of 31 December 2025, and again to 70% as of December 2030, with a ceiling of 80%.

c.   The following minimum recycling weight targets for packaging materials will be attained:

i.     Glass: currently - 60%, from 31 December 2025 – 70%, from 31 December 2030 – 75%.

ii.    Paper and cardboard: currently - 60%, from 31 December 2025 – 75%, from 31 December

2030 - 85%.

iii.   Metals: currently - 50%, from 31 December 2025 - 70% of ferrous metals and 50% of

aluminium; from 31 December 2030 - 80% of ferrous metals and 60% of aluminium.

iv.   Plastics – currently - 22.5 %, from 31 December 2025 – 50%, from 31 December

2030 – 55%.

v.    Wood: currently - 15%, from 31 December 2025 – 25%, from 31 December 2030 - 30%.

3.   Ensure that users of packaging, in particular consumers, obtain the necessary information about the return, collection and recovery systems available to them, their role in contributing to re- use, recovery and recycling of packaging and packaging waste, the meaning of markings on packaging currently on the market, and the appropriate elements of the management plans for packaging and packaging waste.

4.   Establish databases on packaging and packaging waste to enable Member States and the European Commission to monitor progress towards the objectives.

2.6.2. Outlook

Currently, the Regulation on packaging and packaging waste (PPWR), that will repeal PPWD, is expected to be published at the end of 2023 and enter into force one year after its publication date.

PPWR will create one legal instrument with uniform application across the EU Member States. This new regulation will set requirements over the entire lifecycle of packaging, related to:

1.    Environmental sustainability.

2.    Harmonised labelling.

3.    Extended Producer Responsibility systems, collection, treatment and recycling of packaging waste, registration and related reporting requirements, modulation fees among others.

The PPWR retains design requirements from the Packaging Directive and introduces some new ones. Packaging producers, importers, and those service providers that help them fulfil their obligations must ensure that the packaging complies with the following:

•         It has been designed and manufactured in accordance with the applicable requirements (substance limits, recyclable content, packaging minimisation, among others).

•         It is labelled in accordance with the applicable requirements.

•         It undergoes the relevant conformity assessment procedure. This can be carried out by a third party, but all packaging must have the relevant technical documentation and declaration of conformity.

•         If required, a producer must assign an authorised representative to ensure the fulfilment of their obligations under the PPWR.

In accordance with PPWR all packaging shall be recyclable. To be considered recyclable it needs to comply with the following:

1.    Recyclability must be central to design as of 2030.

2.    It must be effectively and efficiently separated and collected.

3.    It must be able to be sorted into defined waste streams without affecting the recyclability of other waste streams.

4.    Once it has been recycled, the resulting secondary raw materials are of sufficient quality to substitute primary raw materials.

5.    It can be recycled at scale by 2035.

Producers must demonstrate compliance of this requirement through an EU declaration of conformity.

PPWR modifies the recovery and recycling targets set in PPWD and adds new categories of targets (minimum recycled content in packaging, prevention of packaging waste and re-use targets). Table 1 on the following page shows an overview of those targets established in PPWR.

Providers of online platforms, allowing consumers to conclude distance contracts with producers, must obtain the following information from producers offering packaging to consumers located in the EU:

1.    The producer’s registration information for the consumer’s home market, including their registration number.

2.    A self-declaration from the producer, committing to only offer packaging compliant with PPWR.

PPWR allows producers to either comply with their obligations individually, or through a Producer Responsibility Organisation (PRO).

Producers will be obliged to register themselves. They shall, to that end, submit an application for registration in each Member State where they make packaging available on the market. The producer’s registration obligations must be fulfilled by an appointed representative for EPR compliance.

Producers or Producer Responsibility Organisations shall ensure that end-users have access to the following information regarding the prevention and management of packaging waste in that market:

•         The role of end-users in contributing to waste prevention, including any best practices.

•         Re-use arrangements available for packaging.

•         The role of end-users in contributing to the separate collection of packaging waste materials, including handling of packaging containing hazardous products or waste.

•         The meaning of the labels and symbols affixed, marked or printed on packaging.

•         The impact on the environment and on human health or safety of persons of inappropriate discarding of packaging waste, such as littering or discarding in mixed municipal waste, and the adverse environmental impact of single-use packaging, in particular plastic carrier bags.

•         The composting properties and appropriate waste management options for compostable packaging.

2.7. Requirements arising for the PV sector from the Ecodesign regulations and voluntary ecolabels

The EU legislation does not currently address the ecodesign of PV panels or inverters.

Directive 2011/65/EU of the European Parliament and of the Council of 8 June 2011 (RoHS Directive) on the restriction of the use of certain hazardous substances in electrical and electronic equipment (recast) lays down rules on the restriction of the use of 10 hazardous substances in electrical and electronic equipment (EEE). PV panels are excluded from the scope of the RoHS, according to the following definition in Art. 2.4. “Photovoltaic panels intended to be used in a system that is designed, assembled and installed by professionals for permanent use at a defined location to produce energy from solar light for public, commercial, industrial and residential applications”. Nonetheless, certain manufacturers strive to differentiate themselves by emphasising the absence of substances restricted under RoHS, such as lead, cadmium and phthalates.

2.7.1. Preparatory study for PV Ecodesign and Energy Labelling

In November 2020, the Joint Research Centre of the European Commission published a Preparatory study for solar photovoltaic modules, inverters and systems to provide policy makers with the evidence basis for assessing whether to implement four policy instruments: Ecodesign, Energy Label, Ecolabel and Green Public Procurement (GPP) for photovoltaic products.

One of the focus points of the study was existing Ecodesign instruments in the EU. The study confirmed that there are currently no CE marking conformity requirements, or related European harmonised testing standards, established at EU level specifically for solar PV panels or inverters. However, the manufacturers of the PV panels and inverters need to consider requirements that establish market entry criteria related to:

•     Construction products in accordance with Regulation (EU) No 305/2011,

•     Electromagnetic compatibility in accordance with Directive 2014/30/EU,

•     Low voltage electrical equipment in accordance with Directive 2014/35/EU, and

•     Restriction of Hazardous Substances in Electrical and Electronic Equipment (RoHS) in accordance with the recast Directive 2011/65/EU.

These all set requirements that apply to PV panels, inverters, and other components of PV systems when these enter the market of the European Union. They also require AC and DC power supply systems to conform with these regulations.

EU Green Public Procurement (GPP) criteria for the solar photovoltaic product group does not currently exist.

The same study identified the following international, voluntarily Ecolabel criteria that applied to some extent to PV products:

•     TÜV Rheinland established criteria for PV panels under its Green Product Mark Ecolabel. These are likely adapted from EPEAT, the Ecolabel scheme of the US Green Electronics Council (GEC).

•     Japan Environment Association (JEA) and Korea Environmental Industry & Technology Institute developed criteria for consumer products incorporating photovoltaic cells. Similarly, Singapore Environment Council developed criteria only for consumer products.

•         The German national Ecolabel, the Blue Angel, has included criteria for inverters since 2012.

•         The American National Standards Institute (ANSI) established ecolabelling criteria for PV panels in ANSI standard 457, developed by NSF International with the support of the US Green Electronics Council (GEC).

•         The US non-profit organisation Cradle to Cradle Products Innovation Institute has established a certification for the inherent sustainability of products and their component materials.

The Blue Angel is an ecolabel established by the German government in 1978, pioneering the development of product performance criteria for a broad range of consumer products.

The 2012 Blue Angel criteria for inverters apply to string and multi-string inverters with an output power of up to 13.8 kVA, that are designed for use in grid- connected PV power systems. Excluded from the product group are inverters integrated into a module (micro-inverters) and inverters designed for use in stand-alone systems. The eight technical criteria are:

1.    Energy efficiency

2.    Reactive power capability

3.    Material requirements including plastic and electronic components

4.    Recycling and disposal

5.    Safety

6.    Electromagnetic compatibility

7.    Noise emissions

The criteria are all pass or fail and currently no licences have been awarded.

Previous attempts to develop criteria sets by the Blue Angel for PV systems and modules have not been successful.

Establishing criteria for PV systems ran into difficulty when no agreement could be reached on the assessment of energy yield and the restriction of hazardous substances. There was also no consensus on the methods for performing comparative analyses of system performance, instead designers were offered a range of options and software tools.

The module criteria were to include requirements relating to module quality (with reference to IEC 61215 and IEC 6164621), the Energy Payback Time (EPBT) of the product, the marking of components for recycling purposes, and a requirement for RoHS compliance which would have excluded certain PV-technologies containing lead or cadmium. Similarly, agreement could not be reached on how to measure performance.

Since 2015, the US organisation NSF International, with the support of the Green Electronics Council (GEC), has been leading a process to develop environmental criteria for photovoltaic modules. The result of this was the publication of ANSI standard 457, which is set to become an EPEAT standard as part of the global ecolabelling scheme for IT products. Given the global success of the EPEAT standards for ICT equipment, this new standard has potentially wider significance than just within the USA.

The standard contains product performance criteria, environmental and social, and consists of the following seven performance categories:

1.    Management of substances

2.    Preferable materials use (declaration of recycled content in product)

3.    Life cycle assessment

4.    Energy efficiency & water use

5.    EoL management & design for recycling

6.    Product packaging

7.    Corporate responsibility

Like all EPEAT standards three levels of performance can be achieved – bronze, silver and gold. The bronze level is intended to reflect the performance of the top third of the market. For EPEAT Bronze only mandatory criteria met, for Silver at least 50% of optional criteria are met and for Gold at least 75% of optional criteria are met.

The Cradle to Cradle programme is a third party verified labelling scheme in the USA that aims to determine the extent to which the design and material composition of a product are able to facilitate future recycling. Two major solar PV panel manufacturers are currently listed as having products certified according to the US Cradle to Cradle scheme – Sunpower and Jinko Solar.

The programme's criteria are grouped according to the following attributes:

•         Material health: Use of materials that are safe for human health and the environment through all use phases.

•         Material reutilisation: Product and system design for material reutilisation, such as recycling or composting.

•         Renewable energy and carbon management: Use of renewable energy in production.

•         Water stewardship: Efficient use of water, and maintenance of water quality at production sites.

•         Social fairness: Company strategies for social responsibility. Certification is in four tiers of attainment - Basic, Silver, Gold, and Platinum levels. The certification program applies to materials, sub- assemblies and finished products.

2.7.2. Outlook

After its initial preparatory study, the European Commission published a regulatory initiative, named “Environmental impact of photovoltaic modules, inverters and systems” in September 2021. It focuses on feasibility of regulatory approaches for the environmental impact of photovoltaic products (panels, inverters and systems) based on Ecodesign Directive 2009/125/EC and Energy Labelling Regulation (EU) 2017/1369.

The impact assessment analyses regulatory solutions with the aim of:

•    Fostering panel and inverter designs that have improved long-term energy yield, circularity (i.e., improved ability to be repaired and recycled) and smart readiness.

•    Taking low quality products off the market that can lead to higher life cycle costs.

•    Closing the information gap (in terms of availability and reliability) on products available on the EU market, to support the consumers and other market actors, such as SMEs, in the recycling and re-use sectors, in getting comparable information on module energy yield, module performance long- term degradation and life-cycle energy impacts.

•    Optimising and increasing the energy yield of small PV installations (indicatively less or equal to 20 kW) by enabling consumers to make an informed choice based on the performance of system designs offered by retailers and installers.

After a public consultation that ran from September- December 2022, the European Commission is currently summarising the inputs and drafting the relevant regulatory instruments. Based on this legislative process, new EU rules introducing PV Ecodesign and Energy Labelling requirements are expected to be finalised in the course of 2024.