# EUR-Lex - 52012PC0139 - EN

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# 52012PC0139

**OPINION OF THE COMMISSIONpursuant to Article 294(7)(c) of the Treaty on the Functioning of the European Union,on the European Parliament's amendment[s]to the Council's position regarding the proposal for a DIRECTIVE OF THE EUROPEAN PARLIAMENT AND OF THE COUNCILon waste electrical and electronic equipment (WEEE) /* COM/2012/0139 final - 2008/0241 (COD) */**

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2008/0241 (COD)

OPINION OF THE COMMISSION
pursuant to Article 294(7)(c) of the Treaty on the Functioning of the European
Union,
on the European Parliament's amendment[s]
to the Council's position regarding the
proposal for a

DIRECTIVE OF THE EUROPEAN PARLIAMENT
AND OF THE COUNCIL
on waste electrical and electronic equipment (WEEE)

(Text with EEA relevance)

1.           Introduction

Article 294(7)(c) of the Treaty on the
Functioning of the European Union provides that the Commission is to deliver an
opinion on the amendment proposed by the European Parliament at second reading.
The Commission sets out its opinion below on the amendment proposed by the
Parliament.

2.           Background

On 03 December 2008 the Commission adopted
a proposal for a Directive on waste electrical and electronic equipment (WEEE).

The Economic and Social Committee gave its
opinion on 11 June 2009. The Committee of the Regions adopted its opinion on 04
December 2009.

The European Parliament adopted its first
reading position on 03 February 2011.

The Council reached a political agreement
on the proposal on 14 March 2011 and adopted its common position on 19 July
2011.

The European Parliament adopted its
position in second reading on 19 January 2012.

During the plenary debate of 18 January
2012, the Commission made declarations in order to clarify certain positions
and intentions of the Commission, with a view to facilitate an agreement in
second reading.

3.           Objective of the
Commission Proposal

Specific objectives of the WEEE recast
proposal (2008) were to increase resource efficiency and ensure proper
treatment of e-waste by setting new collection targets adapted to the reality
of each Member State. Further objectives were to reduce unnecessary
administrative burdens, and to ensure better implementation, especially by
reversing the burden of proof on exports of used equipment suspected to be
WEEE.

4.           Commission comments

At its Plenary Session of 19 January 2012,
the European Parliament adopted a compromise package which had been agreed with
the Council in view of reaching a second reading agreement.

The amendment containing this compromise
package concerns essentially:

–
the establishment of new collection targets per
Member State seven years after entry into force, with an intermediate target
four years after entry into force;

–
the take-back of small WEEE at large retail
shops unless alternative schemes can be shown to be at least as effective;

–
the widening of the scope to include all
electrical and electronic equipment, six years after entry into force, with
additional exemptions, and after a review to be carried out by the Commission;

–
the harmonisation of registration and reporting
requirements, while acknowledging that these requirements are in principle
national to allow for effective enforcement;

–
the introduction of minimum requirements for
shipments of used equipment which are suspected to be illegal waste shipments,
including reversal of the burden of proof, and specific derogations.

The Commission accepts the compromise
package as it is in line with the overall purpose and the general
characteristics of the proposal.

The Commission underlines that the minimum
requirements for shipments should not hinder the legal trade of used equipment.
Where there is a suspicion that the shipment is de facto an illegal shipment of
waste, Annex VI gives Member States the legal instrument to clarify the
situation.

5.           Conclusion

The Commission accepts the amendment
adopted by the European Parliament in second reading according to the above
described compromise text of the Council and the European Parliament. The
Commission adopts the declarations laid down in the annex.

Annex:
Commission declarations

Declaration on Product-Design
(WEEE Article 4)

Eco-design measures can help to facilitate
meeting the targets of the Directive on waste electrical and electronic
equipment in line with the Roadmap on Resource Efficiency (COM(2011)571). The
Commission will, if and when introducing new or reviewing the implementing
measures adopted pursuant to Directive 2009/125/EC on products also covered by
the WEEE Directive, take into account the parameters for re-use and recycling
as set out in Annex 1 part 1 of the Directive 2009/125/EC, and assess the
feasibility of introducing requirements on re-usability, easy dismantling and
recyclability of such products.

Declaration on specific derogations
from the collection targets
(WEEE Article 7)

The new WEEE Directive in Article 7(4)
creates the possibility for transitional arrangements in order to address
difficulties faced by a Member State in meeting the collection targets of that
Article, as a result of specific circumstances. The Commission underlines that
high collection targets of WEEE are important for a resource-efficient Europe
and that the transitional arrangements can only be applied in exceptional
circumstances. The difficulties faced and the specific circumstances on which
they are based must be objective, well documented, and verifiable.

Declaration on nanomaterials
(WEEE Article 8 and Annex VII)

The European Parliament and the Council
have agreed to invite the Commission to evaluate whether specific treatment may
be necessary to address nanomaterials contained in EEE. In this context the
Commission understands nanomaterials to be those falling under the definition
set out in the Commission Recommendation 696/2011. Potential risks posed by
such nanomaterials would be identified with tools available under the
appropriate legislation for this purpose. Where specific nanomaterials have
been shown to pose risks to human health or the environment, the Commission
will assess whether specific treatment may be necessary and amend Annex VII as
appropriate.

declaration concerning the use of
implementing acts
(WEEE Articles 7(5) and 23(4))

The Commission considers that the powers
conferred on the Commission in Articles 7(5) and 23(4) should be delegated
powers, in order to properly reflect the nature of the powers conferred, in
accordance with Article 290 of the Treaty on the Functioning of the EU. However,
in a spirit of compromise, the Commission will not stand against a qualified
majority vote in favour of the Presidency text. Nevertheless, on this specific
issue, the Commission reserves its right to avail itself of the legal remedies
provided by the Treaty with a view to seeking clarification by the Court on the
issue of delimitation between Articles 290 and 291.

DECLARATION BY THE COMMISSION ON THE PROCEDURE OF ADOPTION OF IMPLEMENTING ACTS

The Commission underlines that it is
contrary to the letter and to the spirit of Regulation 182/2011 (OJ L 55 of
28.2.2011, p. 13) to invoke Article 5 § 4, subparagraph 2, point b) in a
systematic manner. Recourse to this provision must respond to a specific need
to depart from the rule of principle which is that the Commission may adopt a
draft implementing act when no opinion is delivered. Given that it is an
exception to the general rule established by Article 5 § 4 recourse to
subparagraph 2, point b), cannot be simply seen as a "discretionary
power" of the Legislator, but must be interpreted in a restrictive manner
and thus must be justified.