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Brussels, 22.12.2006

COM(2006) 914 final

2006/0302 (COD)

Proposal for a

DIRECTIVE OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL

Amending Directive 2002/96/EC on waste electrical and electronic equipment (WEEE), as regards the implementing powers conferred to the Commission

(presented by the Commission)

2006/0302 (COD)

Proposal for a

DIRECTIVE OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL

Amending Directive 2002/96/EC on waste electrical and electronic equipment (WEEE), as regards the implementing powers conferred to the Commission

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community, and in particular Article 175, paragraph 1 thereof,

Having regard to the proposal from the Commission[1],

Having regard to the opinion of the European Economic and Social Committee[2],

Having regard to the opinion of the Committee of the Regions[3],

Acting in accordance with the procedure laid down in Article 251 of the Treaty[4]

Whereas:

1. Directive 2002/96/EC of the European Parliament and of the Council[5] provides that certain measures are to 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 Commission[6].

2. Decision 1999/468/EC has been amended by Decision 2006/512/EC, which introduced a regulatory procedure with scrutiny to be used for the adoption of implementing measures of general scope which seek to amend non-essential elements of a basic instrument adopted in accordance with the procedure referred to in Article 251 of the Treaty, including by deleting some of those elements or by supplementing the instrument by the addition of new non-essential elements.

3. In accordance with the joint statement of the European Parliament, the Council and the Commission[7] on Decision 2006/512/EC, instruments which are already in force must be adjusted in accordance with the applicable procedures. That statement indicates a list of instruments that should be adjusted as a matter of urgency, including Directive 2002/96/EC.

4. In particular power should be conferred on the Commission to adapt Annexes and to adopt rules for monitoring compliance. Since those measures are of general scope and are designed to amend non-essential elements of Directive 2002/96/EC and to supplement it by the addition of new non-essential elements, they should be adopted in accordance with the regulatory procedure with scrutiny provided for in Article 5a of Decision 1999/468/EC.

5. Directive 2002/96/EC should therefore be amended accordingly.

6. Since the amendments to be made to Directive 2002/96/EC are adjustments of a technical nature which only concern the committee procedures, they do not need to be transposed by the Member States. It is therefore not necessary to lay down provisions to that effect.

HAVE ADOPTED THIS DIRECTIVE:

Article 1

Directive 2002/96/EC is amended as follows:

(1) In Article 6 (1), the second subparagraph is replaced by the following:

Annex II may be amended in order to introduce other treatment technologies ensuring at least the same level of protection for human health and the environment. Those measures, designed to amend non-essential elements of this Directive, shall be adopted in accordance with the regulatory procedure with scrutiny referred to in Article 14(3).

(2) In Article 7 (3), the second subparagraph is replaced by the following:

"The Commission shall establish the detailed rules for monitoring compliance, including specifications for materials, of Member States with the targets set out in paragraph 2. That measure, designed to amend non-essential elements of this Directive by supplementing it, shall be adopted in accordance with the regulatory procedure with scrutiny referred to in Article 14(3). The Commission shall submit that measure by 13 August 2004."

(3) Article 13 is replaced by the following:

"Article 13

Adaptation to scientific and technical progress

The Commission may adopt any amendments which are necessary in order to adapt Article 7(3), Annex IB, in particular with a view to possibly adding luminaries in households, 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. Those measures, designed to amend non-essential elements of this Directive, shall be adopted in accordance with the regulatory procedure with scrutiny referred to in Article 14(3).

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."

(4) In Article 14, paragraph 3 is replaced by the following:

"Where reference is made to this paragraph, Article 5a(1) to (4) and (5)(a), and Article 7 of Decision 1999/468/EC shall apply, having regard to the provisions of Article 8 thereof."

(5) In Annex II, point 4 is replaced by the following:

"4. Within the procedure referred to in Article 14(3), the Commission shall evaluate as a matter of priority whether the entries regarding printed circuit boards for mobile phones and liquid crystal displays are to be amended."

Article 2

This Directive shall enter into force on the [..] day following that of its publication in the Official Journal of the European Union .

Article 3

This Directive is addressed to the Member States.

Done at Brussels, […]

For the European Parliament For the Council

The President The President

[1] OJ C […], […], p. […].

[2] OJ C […], […], p. […].

[3] OJ C […], […], p. […].

[4] …

[5] OJ L 37, 13.2.2003, p. 24–39

[6] OJ L 184, 17.7.1999, p. 23. Decision as amended by Decision 2006/512/EC (OJ L 200, 22.7.2006, p. 11).

[7] OJ C 255, 21.10.2006, p.1