2002L0096 — EN — 31.12.2003 — 001.001 — 1
This document is meant purely as a documentation tool and the institutions do not assume any liability for its contents
►B DIRECTIVE2002/96/ECOFTHEEUROPEANPARLIAMENTANDOFTHECOUNCIL
of27January2003
onwasteelectrical andelectronic equipment(WEEE)
(OJ L 37, 13.2.2003, p. 24)
Amended by:
Official Journal
No page date
►M1Directive 2003/108/EC of the European Parliament and of the Council of
8 December 2003L 345 106 31.12.2003
▼B
DIRECTIVE 2002/96/EC OF THE EUROPEAN PARLIAMENT
ANDOFTHECOUNCIL
of27January2003
onwasteelectrical andelectronic equipment(WEEE)
THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE
EUROPEAN UNION,
Having regard to the Treaty establishing the European Community, and
in particular Article 175(1) thereof,
Having regard to the proposal from the Commission (1),
Having regard to the Opinion of the Economic and Social
Committee (2),
Having regard to the Opinion of the Committee of Regions(3),
Acting in accordance with the procedure laid down in Article 251 of
the Treaty in the light of the joint text approved by the Conciliation
Committee on 8 November 2002 (4),
Whereas:
(1)The objectives of the Community's environment policy are, in
particular, to preserve, protect and improve the quality of theenvironment, protect human health and utilise natural resources
prudently and rationally. That policy is based on the precau-
tionary principle and principles that preventive action should betaken, that environmental damage should as a priority be recti-fied at source and that the polluter should pay.
(2)The Community programme of policy and action in relation tothe environment and sustainable development (Fifth Environ-mental Action Programme) (
5) states that the achievement of
sustainable development calls for significant changes in currentpatterns of development, production, consumption and behaviourand advocates, inter alia , the reduction of wasteful consumption
of natural resources and the prevention of pollution. It mentions
waste electrical and electronic equipment (WEEE) as one of thetarget areas to be regulated, in view of the application of theprinciples of prevention, recovery and safe disposal of waste.
(3)The Commission Communication of 30 July 1996 on review ofthe Community strategy for waste management states that, wherethe generation of waste cannot be avoided, it should be reused orrecovered for its material or energy.
(4)The Council in its Resolution of 24 February 1997 on a Commu-
nity strategy for waste management (6) insisted on the need for
promoting waste recovery with a view to reducing the quantityof waste for disposal and saving natural resources, in particularby reuse, recycling, composting and recovering energy fromwaste and recognised that the choice of options in any particular
case must have regard to environmental and economic effects
but that until scientific and technological progress is made andlife-cycle analyses are further developed, reuse and materialrecovery should be considered preferable where and in so far asthey are the best environmental options. The Council also invitedthe Commission to develop, as soon as possible, an appropriate2002L0096 — EN — 31.12.2003 — 001.001 — 2
(1) OJ C 365 E, 19.12.2000, p. 184 and OJ C 240 E, 28.8.2001, p. 298.
(2) OJ C 116, 20.4.2001, p. 38.
(3) OJ C 148, 18.5.2001, p. 1.
(4) Opinion of the European Parliament of 15 May 2001 (OJ C 34 E, 7.2.2002,
p. 115), Council Common Position of 4 December 2001 (OJ C 110 E,
7.5.2002, p. 1) and Decision of the European Parliament of 10 April 2002(not yet published in the Official Journal). Decision of the European Parlia-
ment of 18 December 2002 and Decision of the Council of 16 December
2002.
(
5) OJ C 138, 17.5.1993, p. 5.
(6) OJ C 76, 11.3.1997, p. 1.
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follow-up to the projects of the priority waste streams
programme, including WEEE.
(5)The European Parliament, in its Resolution of 14 November1996(
1), asked the Commission to present proposals for Direc-
tives on a number of priority waste streams, including electricaland electronic waste, and to base such proposals on the principleof producer responsibility. The European Parliament, in the same
Resolution, requests the Council and the Commission to put
forward proposals for cutting the volume of waste.
(6)Council Directive 75/442/EEC of 15 July 1975 on waste (2)
provides that specific rules for particular instances or supple-
menting those of Directive 75/442/EEC on the management of
particular categories of waste may be laid down by means ofindividual Directives.
(7)The amount of WEEE generated in the Community is growing
rapidly. The content of hazardous components in electrical and
electronic equipment (EEE) is a major concern during the wastemanagement phase and recycling of WEEE is not undertaken toa sufficient extent.
(8)The objective of improving the management of WEEE cannot beachieved effectively by Member States acting individually. Inparticular, different national applications of the producer respon-sibility principle may lead to substantial disparities in thefinancial burden on economic operators. Having differentnational policies on the management of WEEE hampers the
effectiveness of recycling policies. For that reason the essential
criteria should be laid down at Community level.
(9)The provisions of this Directive should apply to products andproducers irrespective of the selling technique, including
distance and electronic selling. In this connection the obligations
of producers and distributors using distance and electronicselling channels should, as far as is practicable, take the sameform and should be enforced in the same way in order to avoidother distribution channels having to bear the costs of the provi-
sions of this Directive concerning WEEE for which the
equipment was sold by distant or electronic selling.
(10)This Directive should cover all electrical and electronic equip-ment used by consumers and electrical and electronicequipment intended for professional use. This Directive should
apply without prejudice to Community legislation on safety and
health requirements protecting all actors in contact with WEEEas well as specific Community waste management legislation,in particular Council Directive 91/157/EEC of 18 March 1991on batteries and accumulators containing certain dangerous
substances (
3).
(11)Directive 91/157/EEC needs to be revised as soon as possible,
particularly in the light of this Directive.
(12)The establishment, by this Directive, of producer responsibilityis one of the means of encouraging the design and productionof electrical and electronic equipment which take into fullaccount and facilitate their repair, possible upgrading, reuse,disassembly and recycling.
(13)In order to guarantee the safety and health of distributors'personnel involved in the take-back and handling of WEEE,Member States should, in accordance with national and Commu-nity legislation on safety and health requirements, determine theconditions under which take-back may be refused by distributors.2002L0096 — EN — 31.12.2003 — 001.001 — 3
(1) OJ C 362, 2.12.1996, p. 241.
(2) OJ L 194, 25.7.1975, p. 47. Directive as last amended by Commission Deci-
sion 96/350/EC (OJ L 135, 6.6.1996, p. 32).
(3) OJ L 78, 26.3.1991, p. 38. Directive as amended by Commission Directive
98/101/EC (OJ L 1, 5.1.1999, p. 1).
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(14)Member States should encourage the design and production of
electrical and electronic equipment which take into account and
facilitate dismantling and recovery, in particular the re-use andrecycling of WEEE, their components and materials. Producersshould not prevent, through specific design features or manufac-turing processes, WEEE from being reused, unless such specificdesign features or manufacturing processes present overriding
advantages, for example with regard to the protection of the
environment and/or safety requirements.
(15)Separate collection is the precondition to ensure specific treat-ment and recycling of WEEE and is necessary to achieve thechosen level of protection of human health and the environmentin the Community. Consumers have to actively contribute to the
success of such collection and should be encouraged to return
WEEE. For this purpose, convenient facilities should be set upfor the return of WEEE, including public collection points,where private households should be able to return their waste atleast free of charge.
(16)In order to attain the chosen level of protection and harmonised
environmental objectives of the Community, Member States
should adopt appropriate measures to minimise the disposal ofWEEE as unsorted municipal waste and to achieve a high levelof separate collection of WEEE. In order to ensure that MemberStates strive to set upefficient collection schemes, they shouldbe required to achieve a high level of collection of WEEE from
private households.
(17)Specific treatment for WEEE is indispensable in order to avoid
the dispersion of pollutants into the recycled material or thewaste stream. Such treatment is the most effective means ofensuring compliance with the chosen level of protection of theenvironment of the Community. Any establishment or undertak-
ings carrying out recycling and treatment operations should
comply with minimum standards to prevent negative environ-mental impacts associated with the treatment of WEEE. Bestavailable treatment, recovery and recycling techniques shouldbe used provided that they ensure human health and high envir-
onmental protection. Best available treatment, recovery and
recycling techniques may be further defined in accordance withthe procedures of Directive 96/61/EC.
(18)Where appropriate, priority should be given to the reuse ofWEEE and its components, subassemblies and consumables.Where reuse is not preferable, all WEEE collected separately
should be sent for recovery, in the course of which a high level
of recycling and recovery should be achieved. In addition,producers should be encouraged to integrate recycled materialin new equipment.
(19)Basic principles with regard to the financing of WEEE manage-ment have to be set at Community level and financing schemeshave to contribute to high collection rates as well as to the
implementation of the principle of producer responsibility.
(20)Users of electrical and electronic equipment from private house-
holds should have the possibility of returning WEEE at least freeof charge. Producers should therefore finance collection fromcollection facilities, and the treatment, recovery and disposal ofWEEE. In order to give maximum effect to the concept of
producer responsibility, each producer should be responsible for
financing the management of the waste from his own products.The producer should be able to choose to fulfil this obligationeither individually or by joining a collective scheme. Eachproducer should, when placing a product on the market, provide
a financial guarantee to prevent costs for the management of
WEEE from orphan products from falling on society or theremaining producers. The responsibility for the financing of themanagement of historical waste should be shared by all existingproducers in collective financing schemes to which all produ-cers, existing on the market when the costs occur, contribute2002L0096 — EN — 31.12.2003 — 001.001 — 4
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proportionately. Collective financing schemes should not have
the effect of excluding niche and low-volume producers, impor-ters and new entrants. For a transitional period, producers should
be allowed to show purchasers, on a voluntary basis at the time
of sale of new products, the costs of collecting, treating anddisposing in an environmentally sound way of historical waste.Producers making use of this provision should ensure that thecosts mentioned do not exceed the actual costs incurred.
(21)Information to users about the requirement not to dispose ofWEEE as unsorted municipal waste and to collect WEEE sepa-
rately, and about the collection systems and their role in the
management of WEEE, is indispensable for the success ofWEEE collection. Such information implies the proper markingof electrical and electronic equipment which could end up inrubbish bins or similar means of municipal waste collection.
(22)Information on component and material identification to beprovided by producers is important to facilitate the management,and in particular the treatment and recovery/recycling, of WEEE.
(23)Member States should ensure that inspection and monitoringinfrastructure enable the proper implementation of this Directive
to be verified, having regard, inter alia , to Recommendation
2001/331/EC of the European Parliament and the Council of 4April 2001 providing for minimum criteria for environmentalinspections in the Member States (
1).
(24)Information about the weight or, if this is not possible, thenumbers of items of electrical and electronic equipment put onthe market in the Community and the rates of collection, reuse
(including as far as possible reuse of whole appliances),
recovery/recycling and export of WEEE collected in accordancewith this Directive is necessary to monitor the achievement ofthe objectives of this Directive.
(25)Member States may choose to implement certain provisions ofthis Directive by means of agreements between the competentauthorities and the economic sectors concerned provided thatparticular requirements are met.
(26)The adaptation to scientific and technical progress of certainprovisions of the Directive, the list of products falling under the
categories set out in Annex IA, the selective treatment for mate-
rials and components of WEEE, the technical requirements forstorage and treatment of WEEE and the symbol for the markingof EEE should be effected by the Commission under acommittee procedure.
(27)The measures necessary for the implementation of this Directiveshould be adopted in accordance with Council Decision 1999/
468/EC of 28 June 1999 laying down the procedures for the
exercise of implementing powers conferred on the Commis-sion(
2),
HAVE ADOPTED THIS DIRECTIVE:
Article 1
Objectives
The purpose of this Directive is, as a first priority, the prevention of
waste electrical and electronic equipment (WEEE), and in addition,the reuse, recycling and other forms of recovery of such wastes so as
to reduce the disposal of waste. It also seeks to improve the environ-
mental performance of all operators involved in the life cycle ofelectrical and electronic equipment, e.g. producers, distributors and2002L0096 — EN — 31.12.2003 — 001.001 — 5
(1) OJ L 118, 27.4.2001, p. 41.
(2) OJ L 184, 17.7.1999, p. 23.
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consumers and in particular those operators directly involved in the
treatment of waste electrical and electronic equipment.
Article 2
Scope
1. This Directive shall apply to electrical and electronic equipment
falling under the categories set out in Annex IA provided that theequipment concerned is not part of another type of equipment thatdoes not fall within the scope of this Directive. Annex IB contains a
list of products which fall under the categories set out in Annex IA.
2. This Directive shall apply without prejudice to Community legis-
lation on safety and health requirements and specific Community wastemanagement legislation.
3. Equipment which is connected with the protection of the essential
interests of the security of Member States, arms, munitions and war
material shall be excluded from this Directive. This does not, however,
apply to products which are not intended for specifically militarypurposes.
Article 3
Definitions
For the purposes of this Directive, the following definitions shall apply:
(a) ‘electrical and electronic equipment’ or ‘EEE’ means equipment
which is dependent on electric currents or electromagnetic fieldsin order to work properly and equipment for the generation,transfer and measurement of such currents and fields falling underthe categories set out in Annex IA and designed for use with a
voltage rating not exceeding 1 000 Volt for alternating current
and 1 500 Volt for direct current;
(b) ‘waste electrical and electronic equipment’ or ‘WEEE’ means
electrical or electronic equipment which is waste within the
meaning of Article 1(a) of Directive 75/442/EEC, including allcomponents, subassemblies and consumables which are part ofthe product at the time of discarding;
(c) ‘prevention’ means measures aimed at reducing the quantity and
the harmfulness to the environment of WEEE and materials andsubstances contained therein;
(d) ‘reuse’ means any operation by which WEEE or components
thereof are used for the same purpose for which they wereconceived, including the continued use of the equipment orcomponents thereof which are returned to collection points, distri-butors, recyclers or manufacturers;
(e) ‘recycling’ means the reprocessing in a production process of the
waste materials for the original purpose or for other purposes, butexcluding energy recovery which means the use of combustible
waste as a means of generating energy through direct incineration
with or without other waste but with recovery of the heat;
(f) ‘recovery’ means any of the applicable operations provided for in
Annex IIB to Directive 75/442/EEC;
(g) ‘disposal’ means any of the applicable operations provided for in
Annex IIA to Directive 75/442/EEC;
(h) ‘treatment’ means any activity after the WEEE has been handed
over to a facility for depollution, disassembly, shredding, recoveryor preparation for disposal and any other operation carried out forthe recovery and/or the disposal of the WEEE;2002L0096 — EN — 31.12.2003 — 001.001 — 6
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(i) ‘producer’ means any person who, irrespective of the selling tech-
nique used, including by means of distance communication inaccordance with Directive 97/7/EC of the European Parliament
and of the Council of 20 May 1997 on the protection of consumers
in respect of distance contracts (
1):
(i) manufactures and sells electrical and electronic equipment
under his own brand,
(ii) resells under his own brand equipment produced by other
suppliers, a reseller not being regarded as the ‘producer’ ifthe brand of the producer appears on the equipment, asprovided for in subpoint (i), or
(iii) imports or exports electrical and electronic equipment on a
professional basis into a Member State.
Whoever exclusively provides financing under or pursuant to any
finance agreement shall not be deemed a ‘producer’ unless he alsoacts as a producer within the meaning of subpoints (i) to (iii);
(j) ‘distributor’ means any person who provides electrical or elec-
tronic equipment on a commercial basis to the party who is goingto use it;
(k) ‘WEEE from private households’ means WEEE which comes from
private households and from commercial, industrial, institutionaland other sources which, because of its nature and quantity, issimilar to that from private households;
(l) ‘dangerous substance or preparation’ means any substance or
preparation which has to be considered dangerous under CouncilDirective 67/548/EEC (
2) or Directive 1999/45/EC of the European
Parliament and of the Council (3).
(m) ‘finance agreement’ means any loan, lease, hiring or deferred sale
agreement or arrangement relating to any equipment whether ornot the terms of that agreement or arrangement or any collateralagreement or arrangement provide that a transfer of ownership ofthat equipment will or may take place.
Article 4
Productdesign
Member States shall encourage the design and production of electrical
and electronic equipment which take into account and facilitatedismantling and recovery, in particular the reuse and recycling ofWEEE, their components and materials. In this context, Member Statesshall take appropriate measures so that producers do not prevent,
through specific design features or manufacturing processes, WEEE
from being reused, unless such specific design features or manufac-turing processes present overriding advantages, for example, withregard to the protection of the environment and/or safety requirements.
Article 5
Separatecollection
1. Member States shall adopt appropriate measures in order to mini-
mise the disposal of WEEE as unsorted municipal waste and to achieve
a high level of separate collection of WEEE.
2. For WEEE from private households, Member States shall ensure
that by the 13 August 2005:
(a) systems are set upallowing final holders and distributors to return
such waste at least free of charge. Member States shall ensure the2002L0096 — EN — 31.12.2003 — 001.001 — 7
(1) OJ L 144, 4.6.1997, p. 19.
(2) OJ 196, 16.8.1967, p. 1. Directive as last amended by Commission Directive
2001/59/EC (OJ L 225, 21.8.2001, p. 1).
(3) OJ L 200, 30.7.1999, p. 1. Directive as amended by Commission Directive
2001/60/EC (OJ L 226, 22.8.2001, p. 5).
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availability and accessibility of the necessary collection facilities,
taking into account in particular the population density;
(b) when supplying a new product, distributors shall be responsible for
ensuring that such waste can be returned to the distributor at least
free of charge on a one-to-one basis as long as the equipment is of
equivalent type and has fulfilled the same functions as the suppliedequipment. Member States may depart from this provision providedthey ensure that returning the WEEE is not thereby made moredifficult for the final holder and provided that these systems remainfree of charge for the final holder. Member States making use of
this provision shall inform the Commission thereof;
(c) without prejudice to the provisions of (a) and (b), producers are
allowed to set upand op erate individual and/or collective take-back systems for WEEE from private households provided thatthese are in line with the objectives of this Directive;
(d) having regard to national and Community health and safety stan-
dards, WEEE that presents a health and safety risk to personnelbecause of contamination may be refused for return under (a) and
(b). Member States shall make specific arrangements for such
WEEE.
Member States may provide for specific arrangements for the return of
WEEE as under (a) and (b) if the equipment does not contain the
essential components or if the equipment contains waste other than
WEEE.
3. In the case of WEEE other than WEEE from private households,
and without prejudice to Article 9, Member States shall ensure that
producers or third parties acting on their behalf provide for the collec-tion of such waste.
4. Member States shall ensure that all WEEE collected under para-
graphs 1, 2 and 3 above is transported to treatment facilities authorised
under Article 6 unless the appliances are reused as a whole. MemberStates shall ensure that the envisaged reuse does not lead to a circum-vention of this Directive, in particular as regards Articles 6 and 7. Thecollection and transport of separately collected WEEE shall be carriedout in a way which optimises reuse and recycling of those components
or whole appliances capable of being reused or recycled.
5. Without prejudice to paragraph 1, Member States shall ensure
that by 31 December 2006 at the latest a rate of separate collection of
at least four kilograms on average per inhabitant per year of WEEE
from private households is achieved.
The European Parliament and the Council, acting on a proposal from
the Commission and taking account of technical and economic experi-
ence in the Member States, shall establish a new mandatory target by
31 December 2008. This may take the form of a percentage of thequantities of electrical and electronic equipment sold to private house-holds in the preceding years.
Article 6
Treatment
1. Member States shall ensure that producers or third parties acting
on their behalf, in accordance with Community legislation, set upsystems to provide for the treatment of WEEE using best availabletreatment, recovery and recycling techniques. The systems may be setup by producers individually and/or collectively. To ensure compliancewith Article 4 of Directive 75/442/EEC, the treatment shall, as a
minimum, include the removal of all fluids and a selective treatment
in accordance with Annex II to this Directive.
Other treatment technologies ensuring at least the same level of protec-
tion for human health and the environment may be introduced in
Annex II under the procedure referred to in Article 14(2).
For the purposes of environmental protection, Member States may set
upminimum quality standards for the treatment of collected WEEE.2002L0096 — EN — 31.12.2003 — 001.001 — 8
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Member States which opt for such quality standards shall inform the
Commission thereof, which shall publish these standards.
2. Member States shall ensure that any establishment or undertaking
carrying out treatment operations obtains a permit from the competent
authorities, in compliance with Articles 9 and 10 of Directive 75/442/
EEC.
The derogation from the permit requirement referred to in Article
11(1)(b) of Directive 75/442/EEC may apply to recovery operationsconcerning WEEE if an inspection is carried out by the competentauthorities before the registration in order to ensure compliance withArticle 4 of Directive 75/442/EEC.
The inspection shall verify:
(a) the type and quantities of waste to be treated;
(b) the general technical requirements to be complied with;
(c) the safety precautions to be taken.
The inspection shall be carried out at least once a year and the results
shall be communicated by the Member States to the Commission.
3. Member States shall ensure that any establishment or undertaking
carrying out treatment operations stores and treats WEEE in compli-ance with the technical requirements set out in Annex III.
4. Member States shall ensure that the permit or the registration
referred to in paragraph 2 includes all conditions necessary for compli-
ance with the requirements of paragraphs 1 and 3 and for theachievement of the recovery targets set out in Article 7.
5. The treatment operation may also be undertaken outside the
respective Member State or the Community provided that the shipmentof WEEE is in compliance with Council Regulation (EEC) No 259/93of 1 February 1993 on the supervision and control of shipments ofwaste within, into and out of the European Community (
1).
WEEE exported out of the Community in line with Council Regulation
(EEC) No 259/93, Council Regulation (EC) No 1420/1999 (2)o f2 9
April 1999 establishing common rules and procedures to apply to ship-
ments to certain non-OECD countries of certain types of waste andCommission Regulation (EC) No 1547/1999 (
3) of 12 July 1999 deter-
mining the control procedures under Council Regulation (EEC) No259/93 to apply to shipments of certain types of waste to certain coun-tries to which OECD Decision C(92)39 final does not apply, shall only
count for the fulfilment of obligations and targets of Article 7(1) and
(2) of this Directive if the exporter can prove that the recovery, reuseand/or recycling operation took place under conditions that are equiva-lent to the requirements of this Directive.
6. Member States shall encourage establishments or undertakings
which carry out treatment operations to introduce certified environ-mental management systems in accordance with Regulation (EC) No
761/2001 of the European Parliament and of the Council of 19 March
2001 allowing voluntary participation by organisations in a Communityeco-management and audit scheme (EMAS)(
4).
Article 7
Recovery
1. Member States shall ensure that producers or third parties acting
on their behalf set upsystems either on an individual or on a collective2002L0096 — EN — 31.12.2003 — 001.001 — 9
(1) OJ L 30, 6.2.1993, p. 1. Regulation as last amended by Commission Regu-
lation (EC) No 2557/2001 (OJ L 349, 31.12.2001, p. 1).
(2) OJ L 166, 1.7.1999, p. 6. Regulation as last amended by Commission Regu-
lation (EC) No 2243/2001 (OJ L 303, 20.11.2001, p. 11).
(3) OJ L 185, 17.7.1999, p1. Regulation as last amended by Commission Regu-
lation (EC) No 2243/2001.
(4) OJ L 114, 24.4.2001, p. 1.
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basis, in accordance with Community legislation, to provide for the
recovery of WEEE collected separately in accordance with Article 5.Member States shall give priority to the reuse of whole appliances.
Until the date referred to in paragraph 4, such appliances shall not be
taken into account for the calculation of the targets set out in paragraph2.
2. Regarding WEEE sent for treatment in accordance with Article 6,
Member States shall ensure that, by 31 December 2006, producers
meet the following targets:
(a) for WEEE falling under categories 1 and 10 of Annex IA,
— the rate of recovery shall be increased to a minimum of 80 %
by an average weight per appliance, and
— component, material and substance reuse and recycling shall be
increased to a minimum of 75 % by an average weight perappliance;
(b) for WEEE falling under categories 3 and 4 of Annex IA,
— the rate of recovery shall be increased to a minimum of 75 %
by an average weight per appliance, and
— component, material and substance reuse and recycling shall be
increased to a minimum of 65 % by an average weight perappliance;
(c) for WEEE falling under categories 2, 5, 6, 7 and 9 of Annex IA,
— the rate of recovery shall be increased to a minimum of 70 %
by an average weight per appliance, and
— component, material and substance reuse and recycling shall be
increased to a minimum of 50 % by an average weight perappliance;
(d) for gas discharge lamps, the rate of component, material and
substance reuse and recycling shall reach a minimum of 80 % byweight of the lamps.
3. Member States shall ensure that, for the purpose of calculating
these targets, producers or third parties acting on their behalf keeprecords on the mass of WEEE, their components, materials orsubstances when entering (input) and leaving (output) the treatmentfacility and/or when entering (input) the recovery or recycling facility.
The Commission shall, in accordance with the procedure laid down in
Article 14(2), establish the detailed rules for monitoring compliance,including specifications for materials, of Member States with thetargets set out in paragraph 2. The Commission shall submit this
measure by 13 August 2004.
4. The European Parliament and the Council, acting on a proposal
from the Commission, shall establish new targets for recovery andreuse/recycling, including for the reuse of whole appliances as appro-priate, and for the products falling under category 8 of Annex IA, by
31 December 2008. This shall be done with account being taken of
the environmental benefits of electrical and electronic equipment inuse, such as improved resource efficiency resulting from developmentsin the areas of materials and technology. Technical progress in reuse,recovery and recycling, products and materials, and the experiencegained by the Member States and the industry, shall also be taken into
account.
5. Member States shall encourage the development of new recovery,
recycling and treatment technologies.
Article 8
Financinginrespect ofWEEEfromprivatehouseholds
1. Member States shall ensure that, by 13 August 2005, producers
provide at least for the financing of the collection, treatment, recoveryand environmentally sound disposal of WEEE from private householdsdeposited at collection facilities, set up under Article 5(2).2002L0096 — EN — 31.12.2003 — 001.001 — 10
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2. For products put on the market later than 13 August 2005, each
producer shall be responsible for financing the operations referred toin paragraph 1 relating to the waste from his own products. The
producer can choose to fulfil this obligation either individually or by
joining a collective scheme.
Member States shall ensure that each producer provides a guarantee
when placing a product on the market showing that the managementof all WEEE will be financed and that producers clearly mark their
products in accordance with Article 11(2). This guarantee shall ensure
that the operations referred to in paragraph 1 relating to this productwill be financed. The guarantee may take the form of participation bythe producer in appropriate schemes for the financing of the manage-ment of WEEE, a recycling insurance or a blocked bank account.
The costs of collection, treatment and environmentally sound disposal
shall not be shown separately to purchasers at the time of sale of new
products.
3. The responsibility for the financing of the costs of the manage-
ment of WEEE from products put on the market before the datereferred to in paragraph 1 (historical waste) shall be provided by oneor more systems to which all producers, existing on the market when
the respective costs occur, contribute proportionately, e.g. in proportion
to their respective share of the market by type of equipment.
Member States shall ensure that for a transitional period of eight years
(10 years for category 1 of Annex IA) after entry into force of thisDirective, producers are allowed to show purchasers, at the time ofsale of new products, the costs of collection, treatment and disposal in
an environmentally sound way. The costs mentioned shall not exceed
the actual costs incurred.
4. Member States shall ensure that producers supplying electrical or
electronic equipment by means of distance communication also complywith the requirements set out in this Article for the equipment suppliedin the Member State where the purchaser of that equipment resides.
Article 9
Financing in respect of WEEE from users other than private
households
1. Member States shall ensure that, by 13 August 2005, the finan-
cing of the costs for the collection, treatment, recovery and
environmentally sound disposal of WEEE from users other than private
households from products put on the market after 13 August 2005 is tobe provided for by producers.
Member States shall ensure that, by 13 August 2005, for WEEE from
products put on the market before 13 August 2005 (historical waste),the financing of the costs of management is as set out in the third and
fourth subparagraphs.
For historical waste being replaced by new equivalent products or by
new products fulfilling the same function, the financing of the costsshall be provided for by producers of those products when supplyingthem. Member States may, as an alternative, provide that users otherthan private households also be made, partly or totally, responsible for
this financing.
For other historical waste, the financing of the costs shall be provided
for by the users other than private households.
2. Producers and users other than private households may, without
prejudice to this Directive, conclude agreements stipulating other finan-cing methods.2002L0096 — EN — 31.12.2003 — 001.001 — 11
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Article 10
Informationforusers
1. Member States shall ensure that users of electrical and electronic
equipment in private households are given the necessary informationabout:
(a) the requirement not to dispose of WEEE as unsorted municipal
waste and to collect such WEEE separately;
(b) the return and collection systems available to them;
(c) their role in contributing to reuse, recycling and other forms of
recovery of WEEE;
(d) the potential effects on the environment and human health as a
result of the presence of hazardous substances in electrical and
electronic equipment;
(e) the meaning of the symbol shown in Annex IV.
2. Member States shall adopt appropriate measures so that consu-
mers participate in the collection of WEEE and to encourage them tofacilitate the process of reuse, treatment and recovery.
3. With a view to minimising the disposal of WEEE as unsorted
municipal waste and to facilitating its separate collection, MemberStates shall ensure that producers appropriately mark electrical andelectronic equipment put on the market after 13 August 2005 with the
symbol shown in Annex IV. In exceptional cases, where this is neces-
sary because of the size or the function of the product, the symbol shallbe printed on the packaging, on the instructions for use and on thewarranty of the electrical and electronic equipment.
4. Member States may require that some or all of the information
referred to in paragraphs 1 to 3 shall be provided by producers and/or
distributors, e.g. in the instructions for use or at the point of sale.
Article 11
Informationfortreatmentfacilities
1. In order to facilitate the reuse and the correct and environmen-
tally sound treatment of WEEE, including maintenance, upgrade,refurbishment and recycling, Member States shall take the necessarymeasures to ensure that producers provide reuse and treatment informa-
tion for each type of new EEE put on the market within one year after
the equipment is put on the market. This information shall identify, asfar as it is needed by reuse centres, treatment and recycling facilities inorder to comply with the provisions of this Directive, the different EEEcomponents and materials, as well as the location of dangeroussubstances and preparations in EEE. It shall be made available to reuse
centres, treatment and recycling facilities by producers of EEE in the
form of manuals or by means of electronic media (e.g. CD-ROM,online services).
2. Member States shall ensure that any producer of an electrical or
electronic appliance put on the market after 13 August 2005 is clearly
identifiable by a mark on the appliance. Furthermore, in order to enablethe date upon which the appliance was put on the market to be deter-mined unequivocally, a mark on the appliance shall specify that thelatter was put on the market after 13 August 2005 The Commission
shall promote the preparation of European standards for this purpose.
Article 12
Informationandreporting
1. Member States shall draw upa register of p roducers and collect
information, including substantiated estimates, on an annual basis onthe quantities and categories of electrical and electronic equipment puton their market, collected through all routes, reused, recycled andrecovered within the Member States, and on collected waste exported,by weight or, if this is not possible, by numbers.2002L0096 — EN — 31.12.2003 — 001.001 — 12
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Member States shall ensure that producers supplying electrical and
electronic equipment by means of distance communication provideinformation on the compliance with the requirements of Article 8(4)
and on the quantities and categories of electrical and electronic equip-
ment put on the market of the Member State where the purchaser ofthat equipment resides.
Member States shall ensure that the information required is transmitted
to the Commission on a two-yearly basis within 18 months after theend of the period covered. The first set of information shall cover theyears 2005 and 2006. The information shall be provided in a formatwhich shall be established within one year after the entry into force of
this Directive in accordance with the procedure referred to in Article
14(2) with a view to establishing databases on WEEE and its treatment.
Member States shall provide for adequate information exchange in
order to comply with this paragraph, in particular for treatment opera-
tions as referred to in Article 6(5).
2. Without prejudice to the requirements of paragraph 1, Member
States shall send a report to the Commission on the implementation of
this Directive at three-year intervals. The report shall be drawn up onthe basis of a questionnaire or outline drafted by the Commission inaccordance with the procedure laid down in Article 6 of Council Direc-tive 91/692/EEC of 23 December 1991 standardising and rationalising
reports on the implementation of certain Directives relating to the
environment (
1). The questionnaire or outline shall be sent to the
Member States six months before the start of the period covered bythe report. The report shall be made available to the Commissionwithin nine months of the end of the three-year period covered by it.
The first three-year report shall cover the period from 2004 to 2006.The Commission shall publish a report on the implementation of this
Directive within nine months after receiving the reports from theMember States.
Article 13
Adaptationtoscientific andtechnical progress
Any amendments which are necessary in order to adapt Article 7(3),
Annex IB, (in particular with a view to possibly adding luminaires inhouseholds, filament bulbs and photovoltaic products, i.e. solar panels),Annex II (in particular taking into account new technical developments
for the treatment of WEEE), and Annexes III and IV to scientific and
technical progress shall be adopted in accordance with the procedurereferred to in Article 14(2).
Before the Annexes are amended the Commission shall inter alia
consult producers of electrical and electronic equipment, recyclers,treatment operators and environmental organisations and employees'and consumer associations.
Article 14
Committee
1. The Commission shall be assisted by the Committee set upby
Article 18 of Directive 75/442/EEC.
2. Where reference is made to this paragraph, Articles 5 and 7 of
Decision 1999/468/EC shall apply, having regard to Article 8 thereof.
The period laid down in Article 5(6) of Decision 1999/468/EC shall be
set at three months.
3. The Committee shall adopt its rules of procedure.2002L0096 — EN — 31.12.2003 — 001.001 — 13
(1) OJ L 377, 31.12.1991, p. 48.
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Article 15
Penalties
Member States shall determine penalties applicable to breaches of the
national provisions adopted pursuant to this Directive. The penalties
thus provided for shall be effective, proportionate and dissuasive.
Article 16
Inspectionandmonitoring
Member States shall ensure that inspection and monitoring enable the
proper implementation of this Directive to be verified.
Article 17
Transposition
1. Member States shall bring into force the laws, regulations and
administrative provisions necessary to comply with this Directive by
13 August 2004. They shall immediately inform the Commissionthereof.
When Member States adopt these measures, they shall contain a refer-
ence to this Directive or be accompanied by such reference on theoccasion of their official publication. The methods of making such areference shall be laid down by the Member States.
2. Member States shall communicate to the Commission the text of
all laws, regulations and administrative provisions adopted in the fieldcovered by this Directive.
3. Provided that the objectives set out in this Directive are achieved,
Member States may transpose the provisions set out in Articles 6(6),10(1) and 11 by means of agreements between the competent authori-ties and the economic sectors concerned. Such agreements shall meet
the following requirements:
(a) agreements shall be enforceable;
(b) agreements shall specify objectives with the corresponding dead-
lines;
(c) agreements shall be published in the national official journal or an
official document equally accessible to the public and transmitted
to the Commission;
(d) the results achieved shall be monitored regularly, reported to the
competent authorities and the Commission and made available tothe public under the conditions set out in the agreement;
(e) the competent authorities shall ensure that the progress reached
under the agreement is examined;
(f) in case of non-compliance with the agreement Member States must
implement the relevant provisions of this Directive by legislative,
regulatory or administrative measures.
4. (a) Greece and Ireland which, because of their overall:
— recycling infrastructure deficit,
— geographical circumstances such as the large number of
small islands and the presence of rural and mountain areas,
— low population density, and
— low level of EEE consumption,
are unable to reach either the collection target mentioned in the
first subparagraph of Article 5(5) or the recovery targetsmentioned in Article 7(2) and which, under the third subpara-graph of Article 5(2) of Council Directive 1999/31/EC of 26April 1999 on the landfill of waste (
1), may apply for an exten-
sion of the deadline mentioned in that Article,2002L0096 — EN — 31.12.2003 — 001.001 — 14
(1) OJ L 182, 16.7.1999, p. 1.
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may extend the periods referred to in Articles 5(5) and 7(2) of
this Directive by upto 24 months.
These Member States shall inform the Commission of their
Decisions at the latest at the time of transposition of this Direc-tive.
(b) The Commission shall inform other Member States and the
European Parliament of these decisions.
5. Within five years after the entry into force of this Directive, the
Commission shall submit a report to the European Parliament and theCouncil based on the experience of the application of this Directive, inparticular as regards separate collection, treatment, recovery and finan-cing systems. Furthermore the report shall be based on the development
of the state of technology, experience gained, environmental require-
ments and the functioning of the internal market. The report shall, asappropriate, be accompanied by proposals for revision of the relevantprovisions of this Directive.
Article 18
Entryintoforce
This Directive shall enter into force on the day of its publication in the
Official Journal of the European Union .
Article 19
Addressees
This Directive is addressed to the Member States.2002L0096 — EN — 31.12.2003 — 001.001 — 15
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ANNEX IA
Categoriesofelectrical andelectronic equipmentcoveredbythisDirective
1. Large household appliances
2. Small household appliances
3. IT and telecommunications equipment4. Consumer equipment
5. Lighting equipment
6. Electrical and electronic tools (with the exception of large-scale stationary
industrial tools)
7. Toys, leisure and sports equipment
8. Medical devices (with the exception of all implanted and infected products)9. Monitoring and control instruments
10. Automatic dispensers2002L0096 — EN — 31.12.2003 — 001.001 — 16
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ANNEX IB
List of products which shall be taken into account for the purpose of this
Directive andwhichfallunderthecategories ofAnnexIA
1. Large household appliances
Large cooling appliances
Refrigerators
Freezers
Other large appliances used for refrigeration, conservation and storage of
food
Washing machines
Clothes dryers
Dish washing machines
Cooking
Electric stovesElectric hot plates
Microwaves
Other large appliances used for cooking and other processing of food
Electric heating appliances
Electric radiators
Other large appliances for heating rooms, beds, seating furniture
Electric fans
Air conditioner appliances
Other fanning, exhaust ventilation and conditioning equipment
2. Small household appliances
Vacuum cleaners
Carpet sweepers
Other appliances for cleaning
Appliances used for sewing, knitting, weaving and other processing for
textiles
Irons and other appliances for ironing, mangling and other care of clothing
Toasters
Fryers
Grinders, coffee machines and equipment for opening or sealing containers
or packages
Electric knives
Appliances for hair-cutting, hair drying, tooth brushing, shaving, massage
and other body care appliances
Clocks, watches and equipment for the purpose of measuring, indicating or
registering time
Scales
3. IT and telecommunications equipment
Centralised data processing:Mainframes
Minicomputers
Printer units
Personal computing:
Personal computers (CPU, mouse, screen and keyboard included)
Laptop computers (CPU, mouse, screen and keyboard included)Notebook computers
Notepad computers
Printers2002L0096 — EN — 31.12.2003 — 001.001 — 17
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Copying equipment
Electrical and electronic typewriters
Pocket and desk calculators
and other products and equipment for the collection, storage, processing,
presentation or communication of information by electronic means
User terminals and systems
Facsimile
Telex
Telephones
Pay telephones
Cordless telephonesCellular telephones
Answering systems
and other products or equipment of transmitting sound, images or other
information by telecommunications
4. Consumer equipment
Radio sets
Television sets
Videocameras
Video recorders
Hi-fi recorders
Audio amplifiers
Musical instruments
And other products or equipment for the purpose of recording or reprodu-
cing sound or images, including signals or other technologies for the
distribution of sound and image than by telecommunications
5. Lighting equipment
Luminaires for fluorescent lamps with the exception of luminaires in house-
holds
Straight fluorescent lampsCompact fluorescent lamps
High intensity discharge lamps, including pressure sodium lamps and metal
halide lamps
Low pressure sodium lamps
Other lighting or equipment for the purpose of spreading or controlling light
with the exception of filament bulbs
6. Electrical and electronic tools (with the exception of large-
scale stationary industrial tools)
Drills
Saws
Sewing machines
Equipment for turning, milling, sanding, grinding, sawing, cutting, shearing,
drilling, making holes, punching, folding, bending or similar processing of
wood, metal and other materials
Tools for riveting, nailing or screwing or removing rivets, nails, screws or
similar uses
Tools for welding, soldering or similar use
Equipment for spraying, spreading, dispersing or other treatment of liquid or
gaseous substances by other means
Tools for mowing or other gardening activities
7. Toys, leisure and sports equipment
Electric trains or car racing sets
Hand-held video game consoles
Video games2002L0096 — EN — 31.12.2003 — 001.001 — 18
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Computers for biking, diving, running, rowing, etc.
Sports equipment with electric or electronic componentsCoin slot machines
8. Medical devices (with the exception of all implanted and
infected products)
Radiotherapy equipment
Cardiology
Dialysis
Pulmonary ventilatorsNuclear medicine
Laboratory equipment for in-vitrodiagnosis
AnalysersFreezersFertilization tests
Other appliances for detecting, preventing, monitoring, treating, alleviating
illness, injury or disability
9. Monitoring and control instruments
Smoke detector
Heating regulatorsThermostats
Measuring, weighing or adjusting appliances for household or as laboratory
equipment
Other monitoring and control instruments used in industrial installations
(e.g. in control panels)
10. Automatic dispensers
Automatic dispensers for hot drinks
Automatic dispensers for hot or cold bottles or cans
Automatic dispensers for solid productsAutomatic dispensers for money
All appliances which deliver automatically all kind of products2002L0096 — EN — 31.12.2003 — 001.001 — 19
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ANNEX II
Selective treatment for materials and components of waste electrical and
electronic equipmentinaccordancewithArticle6(1)
1. As a minimum the following substances, preparations and components have
to be removed from any separately collected WEEE:
— polychlorinated biphenyls (PCB) containing capacitors in accordance with
Council Directive 96/59/EC of 16 September 1996 on the disposal of
polychlorinated biphenyls and polychlorinated terphenyls (PCB/PCT)(1),
— mercury containing components, such as switches or backlighting lamps,— batteries,
— printed circuit boards of mobile phones generally, and of other devices if
the surface of the printed circuit board is greater than 10 square centi-
metres,
— toner cartridges, liquid and pasty, as well as colour toner,— plastic containing brominated flame retardants,— asbestos waste and components which contain asbestos,— cathode ray tubes,— chlorofluorocarbons (CFC), hydrochlorofluorocarbons (HCFC) or hydro-
fluorocarbons (HFC), hydrocarbons (HC),
— gas discharge lamps,— liquid crystal displays (together with their casing where appropriate) of a
surface greater than 100 square centimetres and all those back-lighted
with gas discharge lamps,
— external electric cables,— components containing refractory ceramic fibres as described in Commis-
sion Directive 97/69/EC of 5 December 1997 adapting to technical
progress Council Directive 67/548/EEC relating to the classification,
packaging and labelling of dangerous substances(
2),
— components containing radioactive substances with the exception of
components that are below the exemption thresholds set in Article 3 of
and Annex I to Council Directive 96/29/Euratom of 13 May 1996 laying
down basic safety standards for the protection of the health of workers
and the general public against the dangers arising from ionising radia-
tion (3),
— electrolyte capacitors containing substances of concern (height > 25 mm,
diameter > 25 mm or proportionately similar volume)
These substances, preparations and components shall be disposed of or recov-
ered in compliance with Article 4 of Council Directive 75/442/EEC.
2. The following components of WEEE that is separately collected have to be
treated as indicated:
— cathode ray tubes: The fluorescent coating has to be removed,
— equipment containing gases that are ozone depleting or have a global
warming potential (GWP) above 15, such as those contained in foams
and refrigeration circuits: the gases must be properly extracted and prop-
erly treated. Ozone-depleting gases must be treated in accordance with
Regulation (EC) No 2037/2000 of the European Parliament and of the
Council of 29 June 2000 on substances that deplete the ozone layer (4).
— gas discharge lamps: The mercury shall be removed.
3. Taking into account environmental considerations and the desirability of
reuse and recycling, paragraphs 1 and 2 shall be applied in such a way that
environmentally-sound reuse and recycling of components or whole appli-ances is not hindered.
4. Within the procedure referred to in Article 14(2), the Commission shall eval-
uate as a matter of priority whether the entries regarding:
— printed circuit boards for mobile phones, and
— liquid crystal displays
are to be amended.2002L0096 — EN — 31.12.2003 — 001.001 — 20
(1) OJ L 243, 24.9.1996, p. 31.
(2) OJ L 343, 13.12.1997, p. 19.
(3) OJ L 159, 29.6.1996, p. 1.
(4) OJ L 244, 29.9.2000, p. 1. Regulation as last amended by Regulation (EC) No 2039/
2000 (OJ L 244, 29.9.2000, p. 26).
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ANNEX III
TechnicalrequirementsinaccordancewithArticle6(3)
1. Sites for storage (including temporary storage) of WEEE prior to their treat-
ment (without prejudice to the requirements of Council Directive 1999/31/
EC):
— impermeable surfaces for appropriate areas with the provision of spillage
collection facilities and, where appropriate, decanters and cleanser-
degreasers,
— weatherproof covering for appropriate areas.
2. Sites for treatment of WEEE:
— balances to measure the weight of the treated waste,
— impermeable surfaces and waterproof covering for appropriate areas with
the provision of spillage collection facilities and, where appropriate,
decanters and cleanser-degreasers,
— appropriate storage for disassembled spare parts,— appropriate containers for storage of batteries, PCBs/PCTs containing
capacitors and other hazardous waste such as radioactive waste,
— equipment for the treatment of water in compliance with health and
environmental regulations.2002L0096 — EN — 31.12.2003 — 001.001 — 21
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ANNEX IV
Symbolforthemarkingofelectrical andelectronic equipment
The symbol indicating separate collection for electrical and electronic equipment
consists of the crossed-out wheeled bin, as shown below. The symbol must be
printed visibly, legibly and indelibly.
2002L0096 — EN — 31.12.2003 — 001.001 — 22