Regulatory transformation: New global and national frameworks for the circular economy
The years 2025 and 2026 mark a turning point in the regulation of waste electrical and electronic equipment (WEEE). Recent developments – including the tightening of the Basel Convention, the announced “EU Circular Economy Act” and the revision of the Swiss Environmental Protection Act – require recycling systems, recycling facilities and auditors to make fundamental changes to their processes. A particular focus is on encouraging reuse and the transparency of material flows.
The global context
The Basel Convention redefines the rules of the game. Since 1 January 2025, stricter rules have been in force worldwide regarding the cross-border movement of electronic waste. The amendments to Annexes II, VIII and IX of the Basel Convention – driven largely by an initiative from Switzerland and Ghana – aim to prevent the export of WEEE to countries without an adequate recovery infrastructure.
The earlier distinction, where only “hazardous waste” was subject to strict controls, has effectively been eliminated. Under the Basel Convention, “hazardous waste” means waste that is explosive, flammable (highly flammable or self-igniting), oxidising, toxic or highly toxic, infectious, corrosive, hazardous to the environment, or capable of generating toxic gases or releasing hazardous substances following disposal. Now, all waste – including all waste electrical and electronic equipment – is subject to the Prior Informed Consent (PIC) procedure. Consequently, this now also applies to electrical waste without hazardous constituents, which falls under the new entry Y49 (Annex II), whilst waste electrical and electronic equipment with hazardous properties (e.g. due to the presence of toxic substances) is classified under the new entry A1181 (Annex VIII). For Swiss export companies, this means a significant increase in their administrative workload: Any export for recovery abroad now requires the written consent of the destination and transit countries, which may lead to prolonged lead times and potential storage bottlenecks. In this context, auditors must pay particular attention to checking whether the correct notifications have been submitted and whether the recipient facilities meet the standards for environmentally sound handling.
EU dynamics: a new operating system for the circular economy
Although Switzerland is not a member of the EU, Brussels regulations have a significant impact on the local market, as Swiss manufacturers and recycling facilities are closely integrated into European supply chains. Four regulatory strands mesh with each other here and redefine the requirements:
Ecodesign (ESPR) and the Digital Product Passport
The Ecodesign for Sustainable Products Regulation (ESPR) replaces the old Ecodesign Directive and shifts the focus from energy efficiency to material circularity. The key element is the Digital Product Passport (DPP), which will be rolled out in stages starting in 2026/27. It acts as a digital twin of the physical product and stores data on its origin, carbon footprint, composition (including the proportion of recycled material), repairability and disassembly. It applies primarily to manufacturers and distributors, but will provide recycling facilities with precise information on the materials and hazardous substances used (such as critical raw materials and flame retardants). This should make it possible to separate the different materials more effectively.
“Right to Repair”
Directive 2024/1799 bolsters the position of consumers and independent repair shops. By July 2026, Member States must ensure that manufacturers are required to carry out repairs for a reasonable fee even after the statutory warranty period has lapsed. In addition, manufacturers must make repair information and spare parts available to all customers on a non-discriminatory basis. This forces manufacturers to establish effective service networks and to stock spare parts for up to ten years – a logistical challenge that also affects Swiss manufacturers who export their electrical devices and appliances to the EU.
Battery Regulation (2023/1542)
From 18 February 2027, the requirement that consumers must be able to remove and replace portable batteries will come into effect. This effectively bans batteries that are glued into smartphones and laptops. For recycling facilities, this should significantly reduce the fire risk at their plants, as the batteries will be able to be removed much more easily. Furthermore, the digital battery passport not only provides transparency regarding technical parameters and chemical composition, but also regarding performance and ageing, which should make it easier to decide between second-life applications and material recycling. At the same time, the regulation sets out increasing recovery quotas for lithium (50% by 2027, 80% by 2031) and cobalt (90% and 95% respectively), which require new, highly efficient recycling technologies.
Waste Shipment Regulation, WEEE Revision and the “Circular Economy Act”
The legislative proposal for the “Circular Economy Act” (CEA), announced for the third quarter of 2026, marks a strategic shift: the circular economy is no longer defined purely in terms of environmental policy but as a key element of industrial competitiveness within the framework of the “Clean Industrial Deal”. The revision of the WEEE Directive and the Waste Shipment Regulation (WSR) are integral parts of this package.
- Market for secondary raw materials: the aim is to create a genuine single market for recycled materials. Discussions are taking place regarding the harmonisation of the “end-of-waste” criteria. Einheitliche EU-Kriterien sollen den Status von hochwertigen Rezyklaten als Produkt definieren und so den grenzüberschreitenden Handel erleichtern.
- Stimulating demand: in order to reduce dependence on primary raw materials, binding “Mandatory Recycled Content” (recycled content quotas) are being considered for additional product groups. This is intended to decouple the market for secondary raw materials from the volatility of raw material prices.
- Access to waste: this topic focuses on how to stop the illegal export of waste electrical and electronic equipment and keep the raw materials it contains within Europe.
These regulations do not have a direct impact on Swiss recycling companies. However, they could indirectly lead to stricter export controls and the use of new digital notification systems, which are optional for the time being.
The Swiss legal framework: Parliamentary Initiative (Pa.lv.) 20.433
With the Revision of the Environmental Protection Act (EPA) as part of Parliamentary Initiative 20.433 (“Strengthening the Swiss Circular Economy”), the rules of the game for Switzerland’s waste management landscape are changing fundamentally.
The key change lies in the redefinition of the term “disposal” (Art. 7(6a) of the Environmental Protection Act). The legislator has explicitly broadened the definition so that “preparation for reuse” (including testing, cleaning and repair) is now legally classified as disposal. The amendment to Article 7 of the EPA paves the way for products to be returned from the waste stream back into the product cycle.
In addition, the amended Art. 30d(1) now puts reuse on the same level as material recovery (recycling) within the waste hierarchy, with both methods taking precedence over energy recovery.
Focus: preparation for reuse
Preparing products for reuse is seen no longer merely as a niche activity but as an integral part of the new regulatory framework. By means of pilot projects, the two recycling systems Swico Recycling and SENS eRecycling are assessing the potential and feasibility of these initiatives within the existing collection infrastructure. The setup and findings from the pilot projects of Swico Recycling and SENS eRecycling are discussed in the article “Extending service life: developments in the area of reuse”.
Implications for stakeholders in the WEEE system
Recycling facilities and collection points
The demands on infrastructure are increasing. The non-destructive collection of reusable equipment requires trained staff and tailored logistics solutions to prevent things like “reuse-defeating events”, such as weather damage during collection. At the same time, they must be fully conversant with the more complex export procedures under the Basel Convention relating to waste category Y49. It may take some time before the digital product passport and improved battery removability translate into noticeably simplified handling and recovery of end-of-life devices.
Auditors
The focus of the audits could be expanded to include preparation for reuse as well as recycling and contaminant removal processes.
Key takeaway
The wave of regulatory changes in 2025 and 2026 is more than just a bureaucratic feat; it signals a fundamental structural sea-change. The focus is shifting from pure “end-of-life” management to preserving value through reuse and safeguarding strategic raw materials. Whilst the EU is forging a robust internal market for secondary raw materials through the Circular Economy Act and strict recycling quotas, it is necessary for Switzerland to position itself within this new framework. For local recycling facilities operating in the cross-border recycling market, this means compliance with global and European standards – whether relating to the Basel Convention and the PIC procedure or to the quality of recycled materials (CEA) – is becoming the key challenge for recyclers, while the new eco-design requirements for new appliances (ESPR) and the reuse of used appliances (“Right to Repair”, EPA) also present opportunities in terms of new recycling options.