The lack of legal certainty

According to Chris van Rossem, given the transposition of the WEEE Directive, lacks related to legal accuracy appear [2]. It is also stated that there is an absence of definitions on WEEE. Most of them are inconsistent or different between each other, what makes more difficult to trust in the reliability of the data about this subject [3].


Limitation of legislation

In Brazil, the current scenario demonstrates that in terms of legislation the National Policy on Solid Waste addresses the issue of solid waste in a broad way [4] without giving orientation on how to comply with it. In German perspective, the national environmental policies are also limited regarding orientation of compliance [5].


Ethical misconduct by misinterpretation

In Germany, the transcription of the WEEE Directive, the ElektroG, presents gaps. This gaps allow that part of the WEEE declared for recycling can be exported to other countries (in Eastern Europe and developing countries in south and east Asia and Africa) [6]. Due to this, it is possible that producers and recyclers make an abusive interpretation of legislation in order to avoid the environmentally harmful implementation of WEEE [7].

In Brazil, the Reverse Logistics programs may also have some difficulties due to ethical misconduct. One example is about a government exemption from bidding for procurement of services, provided by the legislation in some cases [8].


Lack of specific legislation on remanufacturing

It is also possible to notice that there is a deficiency of specific legislation on remanufacturing [9]. Besides, remanufacturing objectives needs more than an adaptation to current legislation, at least the Brazilian ones, so, nowadays legislation is not a motivator for the remanufacturing [10].


Contact for Germany

Technische Universität Berlin
Institut für Werkzeugmaschinen und Fabrikbetrieb
Pascalstr. 8-9, 10587 Berlin
Thomas Guidat: guidat[at]mf.tu-berlin.de

Contact for Brazil

Universidade de Sao Paulo
Escola de Engenharia de São Carlos
Av. Trabalhador São-carlense, 400, Pq Arnold Schimidt
São Carlos - SP/Brasil, CEP 13566-590
Ana Paula Barquet: anabarquet[at]hotmail.com