Common position (EC) No 20/2002

adopted by the Council on 4 December 2001

with a view to adopting Directive 2002/.../EC of the European Parliament and of the Council of ... on waste electrical and electronic equipment

(2002/C 110 E/01)

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(4),

Whereas:

(1) The objectives of the Community's environment policy are, in particular, to preserve, protect and improve the quality of the environment, protect human health and utilise natural resources prudently and rationally. That policy is based on the precautionary principle and principles that preventive action should be taken, that environmental damage should as a priority be rectified at source and that the polluter should pay.

(2) The Community programme of policy and action in relation to the environment and sustainable development (Fifth Environmental Action Programme)(5) states that the achievement of sustainable development calls for significant changes in current patterns of development, production, consumption and behaviour and 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 the target areas to be regulated, in view of the application of the principles of prevention, recovery and safe disposal of waste.

(3) The Commission Communication of 30 July 1996 on review of the Community strategy for waste management states that, where the generation of waste cannot be avoided, it should be reused or recovered for its material or energy.

(4) The Council in its resolution of 24 February 1997 on a Community strategy for waste management(6) insisted on the need for promoting waste recovery with a view to reducing the quantity of waste for disposal and saving natural resources, in particular by reuse, recycling, composting and recovering energy from waste 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 and life-cycle analyses are further developed, reuse and material recovery should be considered preferable where and in so far as they are the best environmental options. The Council also invited the Commission to develop, as soon as possible, an appropriate follow-up to the projects of the priority waste streams programme, including WEEE.

(5) The European Parliament, in its Resolution of 14 November 1996(7) asked the Commission to present proposals for Directives on a number of priority waste streams, including electrical and electronic waste, and to base such proposals on the principle of 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(8) provides that specific rules for particular instances or supplementing those of Directive 75/442/EEC on the management of particular categories of waste may be laid down by means of individual 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 waste management phase and recycling of WEEE is not undertaken to a sufficient extent.

(8) The objective of improving the management of WEEE cannot be achieved effectively by Member States acting individually. In particular, different national applications of the producer responsibility principle may lead to substantial disparities in the financial burden on economic operators. Having different national 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 and producers irrespective of the selling technique, including distance and electronic selling. In this connection the obligations of producers and distributors using distance and electronic selling channels should, as far as is practicable, take the same form and should be enforced in the same way in order to avoid other distribution channels having to bear the costs of the provisions 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 equipment used by consumers and electrical and electronic equipment intended for professional use, which could end up in the municipal waste stream. This Directive should apply without prejudice to Community legislation on safety and health requirements protecting all actors in contact with WEEE as well as specific Community waste management legislation, in particular Council Directive 91/157/EEC of 18 March 1991 on batteries and accumulators containing certain dangerous substances(9).

(11) By establishing producer responsibility this Directive encourages the design and production of electrical and electronic equipment which take into full account and facilitates their repair, possible upgrading, reuse, disassembly and recycling.

(12) Separate collection is the precondition to ensure specific treatment and recycling of WEEE and is necessary to achieve the chosen level of protection of human health and the environment in 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 up for the return of WEEE, including public collection points, where private households should be able to return their waste at least free of charge. The provisions of this Directive do not restrict the sources of financing available for such collection systems, which could include, for example, contributions from distributors and/or producers.

(13) A collection target for WEEE used by private households should be fixed in order to attain the chosen level of protection and harmonised environmental objectives of the Community and more specifically to ensure that Member States strive to set up efficient collection schemes.

(14) Specific treatment for WEEE is indispensable in order to avoid the dispersion of pollutants into the recycled material or the waste stream. Such treatment is the most effective means of ensuring compliance with the chosen level of protection of the environment of the Community. Any establishment or undertakings carrying out recycling and treatment operations should comply with minimum standards to prevent negative environmental impacts associated with the treatment of WEEE. State-of-the art treatment and recovery and recycling technology should be used provided it ensures human health and high environmental protection.

(15) Whilst giving priority to the re-use of whole appliances, a high level of recycling and recovery should be achieved and producers should be encouraged to integrate recycled material in new equipment.

(16) Basic principles with regard to the financing of WEEE management have to be set at Community level and financing schemes have to contribute to high collection rates as well as to the implementation of the principle of producer responsibility. In order to achieve the benefits of the producer responsibility concept most efficiently, producers should be encouraged to fulfil their responsibility individually, provided that they contribute to the financing of the management of waste from products put on the market before the entry into force of the financing obligation introduced by this Directive and waste coming from producers that are no longer present on the market or which can no longer be identified at the time when the costs occur.

(17) Users of electrical and electronic equipment from private households should have the possibility of returning WEEE at least free of charge. Producers should therefore finance collection from collection facilities, and the treatment, recovery and disposal of WEEE. Such financing could take into account the actual costs for the handling of a product on an individual basis. The responsibility for the financing of the management of historical waste should be shared by all existing producers and fulfilled through either individual or collective systems. Collective systems should not have the effect of excluding niche and low-volume producers, importers and new entrants. The provisions of this Directive do not restrict the sources of contribution available for such financing systems, which could include, for example, contributions through a visible fee, provided it is compatible with internal market and competition rules.

(18) Information to users about the collection systems and their role in the management of WEEE is indispensable for the success of WEEE collection. Such information implies the proper marking of electrical and electronic equipment which could end up in rubbish bins or similar means of municipal waste collection.

(19) Information on component and material identification to be provided by producers is important to facilitate the management, and in particular the treatment and recovery/recycling, of WEEE.

(20) Information about the weight and, if this is not possible, on numbers of items of electrical and electronic equipment put on the market in the Community and the rates of collection, reuse (including as far as possible reuse of whole appliances), and recovery/recycling of WEEE is necessary to monitor the achievement of the objectives of this Directive.

(21) Member States may choose to implement certain provisions of this Directive by means of agreements between the competent authorities and the economic sectors concerned provided that particular requirements are met.

(22) The adaptation to scientific and technical progress of certain provisions of the Directive, the list of products which shall be taken into account for its purposes, the selective treatment for materials and components of WEEE, the technical requirements for storage and treatment of WEEE and the symbol for the marking of EEE should be effected by the Commission under a committee procedure.

(23) The measures necessary for the implementation of this Directive should 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(10),

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 environmental performance of all operators involved in the life cycle of electrical and electronic equipment, e.g. producers, distributors and 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 the equipment concerned is not part of another type of equipment that does 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 legislation on safety and health requirements and specific Community waste management 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 however not apply to products which are not intended for specifically military purposes.

4. Member States may exempt small independent manufacturers as defined in Article 3(i)(a), with a turnover of less than EUR 2 million and fewer than 10 employees, from the financing requirements in Articles 7 and 8 for a period not exceeding five years after the entry into force of this Directive. Member States making such exemptions shall report annually to the Commission on the number of firms concerned, the number of products and on any adverse effects whereby particular attention should be given to possible distortions of the internal market.

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 fields in order to work properly and equipment for the generation, transfer and measurement of such currents and fields falling under the categories set out in Annex IA and designed for use with a voltage rating not exceeding 1000 volts for alternating current and 1500 volts 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 all components, sub-assemblies and consumables, which are part of the 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 and substances contained therein;

(d) reuse means any operation by which WEEE or components thereof are used for the same purpose for which they were conceived, including the continued use of the equipment or components thereof which are returned to collection points, distributors, recyclers or manufacturers;

(e) recycling means the reprocessing in a production process of the waste materials for the original purpose or for other purposes, but excluding 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, recovery or preparation for disposal and any other operation carried out for the recovery and/or the disposal of the WEEE;

(i) producer means any person who, irrespective of the selling technique used, including by means of distance communication according to 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(11):

(a) manufactures and sells electrical and electronic equipment under his own brand,

(b) resells under his own brand equipment produced by other suppliers, or

(c) imports or exports electrical and electronic equipment on a professional basis into a Member State;

(j) distributor means any person who provides electrical or electronic equipment on a commercial basis to the party who is going to use it;

(k) WEEE from private households means WEEE which comes from private households and from commercial, industrial, institutional and other sources which, because of its nature and quantity, is similar to that from private households;

(l) dangerous substance or preparation means any substance or preparation which has to be considered dangerous under Council Directive 67/548/EEC(12) or Directive 1999/45/EC of the European Parliament and of the Council(13).

Article 4

Separate collection

1. For WEEE from private households, Member States shall ensure that 30 months after the entry into force of this Directive:

(a) systems are set up allowing final holders and distributors to return such waste at least free of charge. Member States shall ensure the 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 supplied equipment. Distributors may do so by means of alternative arrangements, such as by accepting the waste at the point of purchase or delivery or by means of equivalent arrangements with third parties acting on their behalf, provided that returning the WEEE remains free of charge and is not made more difficult for the final holder.

However, Member States may, for a period not exceeding five years after the entry into force of this Directive, set up or facilitate alternative free take-back systems provided that returning the WEEE is not thereby rendered more difficult for the final holder. Member States making use of this provision shall inform the Commission thereof.

Without prejudice to the provisions of (a) and (b), Member States may allow producers to set up and operate individual and/or collective take-back systems for their 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 or has been contaminated during use (particularly radioactive and biological contaminants).

2. In the case of WEEE other than WEEE from private households, and without prejudice to Article 8, Member States shall ensure that producers or third parties acting on their behalf provide for the collection of such waste.

3. Member States shall ensure that all WEEE collected under paragraphs 1 and 2 is transported to treatment facilities authorised under Article 5 unless the appliances are reused as a whole. Member States shall ensure that the envisaged reuse does not lead to a circumvention of this Directive, in particular as regards Articles 5 and 6 thereof. The collection and transport of separately collected WEEE shall be carried out in a way which optimises reuse and recycling of those components or whole appliances capable of being reused or recycled.

4. Within 36 months of the entry into force of this Directive Member States shall endeavour to achieve a minimum rate of separate collection of four kilograms on average per inhabitant per year of WEEE from private households.

As soon as it is possible, on the basis of the information required under Article 11, to formulate a collection target of WEEE, such as a percentage of the amount of electrical and electronic equipment sold, the European Parliament and the Council, acting on a proposal from the Commission and taking account of technical and economic experience in the Member States, shall establish such a compulsory target.

Article 5

Treatment

1. Member States shall ensure that producers or third parties acting on their behalf, either on an individual and/or collective basis, in accordance with Community legislation, set up systems to provide for the treatment of WEEE. To ensure compliance with 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 protection for human health and the environment may be introduced in Annex II according to the procedure referred to in Article 13(2).

For the purposes of environmental protection, Member States may set up minimum quality standards for the treatment of collected WEEE. Member States who opt for such quality standards shall inform the Commission thereof who publishes 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 operations concerning WEEE if an inspection is carried out by the competent authorities before the registration in order to ensure compliance with Article 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 compliance 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 compliance with the requirements of paragraphs 1 and 3 and for the achievement of the recovery targets set out in Article 6.

5. The treatment operation may also be undertaken outside the respective Member State or the Community provided that the shipment of WEEE is in compliance with Council Regulation (EEC) No 259/93 of 1 February 1993 on the supervision and control of shipments of waste within, into and out of the European Community(14).

However, Member States may oppose shipments in accordance with Article 4(3)(c), first indent, of Regulation (EEC) No 259/93 if the minimum quality standards for treatment as laid down in paragraph 1 are not fulfilled.

6. Member States shall encourage establishments or undertakings which carry out treatment operations to introduce certified environmental 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 Community eco-management and audit scheme (EMAS)(15).

Article 6

Recovery

1. Member States shall ensure that producers or third parties acting on behalf of them set up systems either on an individual or collective basis, in accordance with Community legislation, to provide for the recovery of WEEE collected separately in accordance with Article 4. 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 paragraph 2.

2. Regarding WEEE sent to the treatment facilities under Article 5, Member States shall ensure that, within 46 months of the entry into force of this Directive, producers meet the following targets:

(a) for WEEE falling under category 1 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 per appliance;

(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 per appliance.

(c) for WEEE falling under categories 2, 5, 6, 7, 9 and 10 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 per appliance;

(d) for gas discharge lamps, the rate of component, material and substance reuse and recycling shall reach a minimum of 80 % by weight of the lamps.

3. Member States shall ensure that, for the purpose of calculating these targets, producers or third parties acting on behalf of producers keep records on the mass of WEEE, their components, materials or substances when entering (input) and leaving (output) the treatment facility and/or when entering (input) the recovery or recycling facility.

The Commission shall, in accordance with the procedure laid down in Article 13(2), establish the detailed rules for monitoring compliance, including specifications for materials, of Member States with the targets set out in paragraph 2. The Commission shall submit this measure not later than 18 months after the date of entry into force of this Directive.

4. Five years after the entry into force of this Directive the European Parliament and the Council, acting on a proposal from the Commission, shall establish targets for recovery and reuse/recycling, including for the reuse of whole appliances as appropriate, and for the products falling under category 8 of Annex IA, for the years thereafter.

Article 7

Financing in respect of WEEE from private households

1. Member States shall ensure that, 30 months after the entry into force of this Directive, producers provide at least for the financing of the collection, the treatment, recovery and environmentally sound disposal of WEEE from private households deposited at collection facilities, set up under Article 4(1), onwards.

2. The financing referred to in paragraph 1 of the management of WEEE shall be provided by means of collective and/or individual systems in accordance with Community legislation. There shall be no unjustified differentiation between producers who opt for collective systems and those who opt for individual systems.

3. The responsibility for the financing of the costs of the management of WEEE from products put on the market before the entry into force of this Directive (historical waste) shall be provided by one or more systems to which all producers, existing on the market when the respective costs occur, contribute proportionately.

4. The management of WEEE coming from producers that are no longer present on the market or which can no longer be identified at the time when the costs occur shall also be financed by producers, and Member States may provide that it is financed in accordance with paragraph 3.

5. Member States shall ensure that producers supplying electrical or electronic equipment by means of distance communication also comply with the requirements set out in this Article for the equipment supplied in the Member State where the purchaser of that equipment resides.

Article 8

Financing in respect of WEEE from users other than private households

Member States shall ensure that, 30 months after the entry into force of this Directive, the financing of the costs for the collection, treatment, recovery and environmentally sound disposal of waste from electric and electronic equipment from users other than private households put on the market after the entry into force of this Directive is to be provided for by producers.

For WEEE from products put on the market before the entry into force of this Directive (historical waste), the financing of the costs of management shall be provided for by producers. Member States may, as an alternative, provide that users other than private households also be made, partly or totally, responsible for this financing.

Producers and users other than private households may, without prejudice to this Directive, conclude agreements stipulating other financing methods.

Article 9

Information for users

1. Member States shall ensure that users of electrical and electronic equipment in private households are given the necessary information about:

(a) the return and collection systems available to them;

(b) their role in contributing to reuse, recycling and other forms of recovery of WEEE;

(c) the meaning of the symbol shown in Annex IV.

2. Member States shall adopt the measures necessary to encourage consumers to facilitate, and thus participate in the process of collection, treatment and recovery of WEEE.

3. Member States shall ensure that, 24 months after entry into force of this Directive, with a view to achieving a high rate of collection, producers appropriately mark electrical and electronic equipment, which might normally be disposed of in rubbish bins or similar means of municipal waste collection, and their instructions for use, with the symbol shown in Annex IV. In exceptional cases, where this is necessary because of the size or the function of the product, the symbol shall be printed on the packaging, on the instructions for use and on the warranty 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 10

Information for treatment facilities

Member States shall ensure that producers provide information on the different EEE components and materials as far as it is needed by treatment facilities in order to comply with the provisions of this Directive, as well as the location of dangerous substances and preparations in EEE.

Article 11

Information and reporting

1. Member States shall provide to the Commission information, including substantiated estimates, on an annual basis on the quantities and categories of electrical and electronic equipment put on their market, collected and reused, recycled and recovered within the Member States, by weight and, if this is not possible, by numbers.

Member States shall ensure that producers supplying electrical and electronic equipment by means of distance communication provide information on the compliance with the requirements of Article 7(5) and on the quantities and categories of electrical and electronic equipment put on the market of the Member State where the purchaser of that equipment resides.

Member States shall ensure that the information required is transmitted to the Commission within four years of the entry into force of the Directive and on a three-yearly basis thereafter. The information shall be provided in a format which shall be established within one year after the entry into force of this Directive in accordance with the procedure referred to in Article 13(2).

Member States shall provide for adequate information exchange in order to comply with this paragraph, in particular for treatment operations as referred to in Article 5(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 on the basis of a questionnaire or outline drafted by the Commission in accordance with the procedure laid down in Article 6 of Council Directive 91/692/EEC of 23 December 1991 standardising and rationalising reports on the rationalisation of certain Directives relating to the environment(16) with a view to establishing databases on WEEE and their treatment. The questionnaire or outline shall be sent to the Member States six months before the start of the period covered by the report. The report shall be made available to the Commission within nine months of the end of the three-year period covered by it.

The first three-year report shall cover the period beginning three years after the entry into force of the Directive.

The Commission shall publish a report on the implementation of this Directive within nine months after receiving the reports from the Member States.

Article 12

Adaptation to scientific and technical progress

Any amendments which are necessary in order to adapt Article 6(3), Annex IB (in particular with a view to possibly adding luminaires 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), Annexes III and IV to scientific and technical progress shall be adopted in accordance with the procedure referred to in Article 13(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 13

Committee

1. The Commission shall be assisted by the Committee set up by 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.

Article 14

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 15

Transposition

1. Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive within 18 months after the entry into force of this Directive. They shall immediately inform the Commission thereof.

When Member States adopt these measures, they shall contain a reference to this Directive or be accompanied by such reference on the occasion of their official publication. The methods of making such a reference 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 field covered 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 5(6), 9(1) and 10 by means of agreements between the competent authorities and the economic sectors concerned. Such agreements shall meet the following requirements:

(a) agreements shall be enforceable;

(b) agreements need to specify objectives with the corresponding deadlines;

(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 to the public under the conditions set out in the agreement;

(e) the competent authorities shall make provisions to examine the progress reached under the agreement;

(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, due to 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 4(4) or the recovery targets mentioned in Article 6(2) and which, under Article 5(2) third subparagraph of Council Directive 1999/31/EC of 26 April 1999 on the landfill of waste(17), may apply for an extension of the deadline mentioned in that Article,

may extend the periods referred to in Articles 4(4) and 6(2) of this Directive up to 24 months.

These Member States shall inform the Commission of their Decisions at the latest at the time of transposition of this Directive.

(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 the Council based on the experience of the application of this Directive in particular on separate collection, treatment, recovery and financing systems. Furthermore the report shall be based on the development of the state of technology, experience gained, environmental requirements and the functioning of the internal market. The report shall, as appropriate, be accompanied by proposals for revision of the related provisions of this Directive.

Article 16

Entry into force

This Directive shall enter into force on the day of its publication in the Official Journal of the European Communities.

Article 17

Addressees

This Directive is addressed to the Member States.

Done at ...

For the European Parliament

The President

For the Council

The President

(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. 136), Council Common Position of 4 December 2001 and Decision of the European Parliament of ... (not yet published in the Official Journal).

(5) OJ C 138, 17.5.1993, p. 5.

(6) OJ C 76, 11.3.1997, p. 1.

(7) OJ C 362, 2.12.1996, p. 241.

(8) OJ L 194, 25.7.1975, p. 47. Directive as last amended by Commission Decision 96/350/EC (OJ L 135, 6.6.1996, p. 32).

(9) 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).

(10) OJ 184, 17.7.1999, p. 23.

(11) OJ L 144, 4.6.1997, p. 19.

(12) OJ 196, 16.8.1967, p. 1. Directive as amended by Commission Directive 2001/59/EC (OJ L 225, 21.8.2001, p. 1).

(13) 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).

(14) OJ L 30, 6.2.1993, p. 1. Regulation as last amended by Commission Decision 1999/816/EC (OJ L 316, 10.12.1999, p. 45).

(15) OJ L 114, 24.4.2001, p. 1.

(16) OJ L 377, 31.12.1991, p. 48.

(17) OJ L 182, 16.7.1999, p. 1.

ANNEX IA

CATEGORIES OF ELECTRICAL AND ELECTRONIC EQUIPMENT COVERED BY THIS DIRECTIVE

1. Large household appliances

2. Small household appliances

3. IT and telecommunications equipment

4. 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 dispensers

ANNEX IB

LIST OF PRODUCTS WHICH SHALL BE TAKEN INTO ACCOUNT FOR THE PURPOSE OF THIS DIRECTIVE AND WHICH FALL UNDER THE CATEGORIES OF ANNEX IA

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 stoves

Electric 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)

Lap-top computers (CPU, mouse, screen and keyboard included)

Note-book computers

Note-pad computers

Printers

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 telephones

Cellular telephones

Answering systems

And other products or equipment for 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 reproducing 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 households

Straight fluorescent lamps

Compact 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 games

Computers for biking, diving, running, rowing, etc.

Sports equipment with electric or electronic components

Coin slot machines

8. Medical devices (with the exception of all implanted and infected products)

Radiotherapy equipment

Cardiology

Dialysis

Pulmonary ventilators

Nuclear medicine

Laboratory equipment for in-vitro diagnosis

Analysers

Freezers

Fertilisation tests

Other appliances for detecting, preventing, monitoring, treating, alleviating illness, injury or disability

9. Monitoring and control instruments

Smoke detector

Heating regulators

Thermostats

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 products

Automatic dispensers for money

All appliances which deliver automatically all kind of products

ANNEX II

SELECTIVE TREATMENT FOR MATERIALS AND COMPONENTS OF WASTE ELECTRICAL AND ELECTRONIC EQUIPMENT IN ACCORDANCE WITH ARTICLE 5(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 centimetres,

- toner cartridges, liquid and pasty, as well as colour toner,

- plastic containing brominated flame retardants,

- asbestos waste,

- cathode ray tubes,

- chlorofluorocarbons (CFC), hydrochlorofluorocarbons (HCFC) or hydrofluorocarbons (HFC), hydrocarbons (HC),

- gas discharge lamps,

- liquid crystal displays (together with their casing where appropriate) of a surface greater than 100 cm2 and all those back-lighted with gas discharge lamps,

- external electric cables,

- components containing refractory ceramic fibres as described in Commission 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 radiation(3), Article 3 and Annex I,

- 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 recovered in compliance with Article 4 of Council Directive 75/442/EEC.

2. The following components of WEEE that is separately collected has to be treated as indicated:

- cathode ray tubes: the fluorescent coating has to be removed,

- equipment containing CFC, HCFC, HFC or HC: the CFC, HCFC present in the foam and the refrigerating circuit must be properly dealt with according to 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). The HFC and HC present in the foam and the refrigerating circuit must be extracted and properly treated,

- 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 appliances is not hindered.

4. Within the procedure referred to in Article 13(2), 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 accordingly.

(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.

ANNEX III

TECHNICAL REQUIREMENTS IN ACCORDANCE WITH ARTICLE 5(3)

1. Sites for storage (including temporary storage) of WEEE prior to their treatment (without prejudice to the requirements of 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.

ANNEX IV

SYMBOL FOR THE MARKING OF ELECTRICAL AND ELECTRONIC 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.

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STATEMENT OF THE COUNCIL'S REASONS

I. INTRODUCTION

1. On 28 July 2000, the Commission sent the Council a proposal for a European Parliament and Council Directive on waste electrical and electronic equipment (WEEE)(1), based on Article 175(1) of the EC Treaty.

2. The European Parliament delivered its opinion(2) at first reading on 15 May 2001.

The Economic and Social Committee delivered its opinion(3) on 29 November 2000, whereas the Committee of the Regions gave its opinion(4) on 14 February 2001.

3. Following these opinions, the Commission forwarded its amended proposal(5) to the Council on 7 June 2001.

4. On 4 December 2001, the Council adopted its Common Position in accordance with Article 251(2) of the Treaty.

II. OBJECTIVE

The aim of the Directive is to prevent the generation of WEEE and, if this is not possible, to reuse, recycle and/or recover it so as to reduce its disposal. To this end it also seeks to involve all operators in the lifecycle of electric and electronic equipment, such as producers, distributors and consumers. The measures proposed deal with the management of WEEE and provide for a range of measures which, inter alia, should ensure the setting up of:

- separate collection systems so that consumers can return WEEE at least free of charge to easily-accessible collection points,

- treatment systems to enable authorised treatment facilities, for example, to possibly disassemble WEEE according to fixed minimum standards to enable reuse and recycling of components or whole appliances, or to recover and/or reuse and recycle WEEE according to fixed targets; to enable recyclers to obtain sufficient material for large-scale production and their economic viability, a "soft" collection target has been set and the possibility that treatment operations be carried out outside the Member State where it is generated,

- financing systems on the basis of producer-responsibility by means of collective and/or individual systems, including the financing of historical waste; these systems are also meant to encourage producers to adapt the design of their products to environmentally-sound waste management.

To achieve high collection rates and possibly the full reuse/recovery of WEEE, consumers shall be informed about their role in making this system work efficiently (e.g. by appropriate labelling of the product concerned), and producers will be required to exchange information with treatment facilities (e.g. the location of dangerous substances in their products).

III. ANALYSIS OF THE COMMON POSITION

The Council's common position, whilst generally maintaining the approach proposed by the Commission, has modified or added a series of provisions either to strengthen, clarify or make them more practicable.

A. AMENDED COMMISSION PROPOSAL

1. The Council has adopted either in full or in part and occasionally in principle an important number of the European Parliament amendments accepted by the Commission.

- Amendment 3 (slightly reworded) in recital 9;

- Amendment 4 (second part concerning protection of all actors) in recital 10;

- Amendment 6 (second part) in recital 11;

- Amendment 11 (partly) in recital 14;

- Amendment 16 (slightly reworded) in recital 17;

- Amendment 17, spirit reflected in recital 17 in fine (visible fee);

- Amendment 19 (slightly reworded) in recital 19;

- Amendment 21 (partly) in recital 20;

- Amendment 22 in Article 1;

- Amendment 24 in Article 2;

- Amendments 28 (structure and first part) in Article 3(i) and 29 (its structure);

- Amendment 35 (30 months) in Article 4(1) and the idea of its paragraph 2 second subparagraph in Article 4(1)(b) second subparagraph;

- Amendment 36 (reworded and optional) in Article 4(1), second subparagraph;

- Amendments 37 and 76 (partly) in Article 5(1) and (5) second subparagraph;

- Amendment 38 (partly reworded, partly in spirit) in Article 6(2) and 6(1) respectively;

- Amendment 39 (partly): inclusion of categories 9 and 10 in targets of Article 6(2);

- Amendment 41 (partly) in Article 6(3);

- Amendment 42 (reworded) partly in Article 6(4) and partly in Article 15(5);

- Amendment 44 (30 months) in Article 7(1) and (option for producer financing) in recital 12 in fine;

- Amendment 46 (third part concerning historical waste - implicitly) in Article 7(3) and (fourth part concerning visible fee - implicitly) in recital 17 in fine;

- Amendment 51 (partly) in Article 9(2);

- Amendment 52 (concerning timeframe for the marking) in Article 9(3) but 24 months instead of 30 months

- Amendment 85 (partly, but with a three-year timetable for reporting) in Article 11;

- Amendment 58 incorporated in Article 11;

- Amendment 59 incorporated in Article 12;

- Amendment 61 in Article 14;

- Amendment 62 in Article 15(1);

- Amendment 63 in Article 16;

- Amendment 66 in Annex IA, point 7;

- Amendments 70 and 86 (partly) in Annex II (except for lead, hexavalent chromium PBBs/PBDE and cadmium);

- Amendment 71 (partly) in Annex II (without a reference to global warming potential);

- Amendment 100 (partly, i.e. the first two indents) in Annex III, point 1.

2. Moreover, the Council introduced into its common position a number of other European Parliament amendments which were not being retained by the Commission's amended proposal.

These concern:

- Amendment 1 (essential criteria at Community level) in recital 8;

- Amendment 76 (other treatment technologies regarding the selective treatment procedure) in Article 5(1), second subparagraph;

- Amendments 82 and 87 (priority to be given to the reuse of whole appliances) in recital 15;

- Amendments 98 and 89 (some of their entries) in Annex II, point 1;

- Amendment 73 (concerning impact on the environment of selective treatment measures) implicit in Article 5(1), second subparagraph;

- Amendment 68 (by considering list of IB point 1 examples) the Council made the list as complete as possible for the time being.

B. MAIN INNOVATIONS INTRODUCED BY THE COUNCIL

- Recital 4 - reference to Council Resolution on Community strategy for waste to underline the importance of reuse and material recovery;

- Article 2:

- paragraph 3 - exclusion from the scope of equipment connected with the security of Member States and military products,

- paragraph 4 - optional limited temporary exemption for SMEs;

- Article 4:

- paragraph 1(a)

- take-back systems should be at least free of charge,

- paragraph 1(b)

- possible modalities for distributors,

- temporary alternative free take-back systems,

- paragraph 3 - special provisions for appliances which are reused as a whole,

- paragraph 4 - setting of compulsory targets for all WEEE envisaged by the Directive by means of a new Commission proposal;

- Article 5:

- paragraph 1

- treatment of WEEE either by producers or third parties acting on their behalf,

- option to set up minimum quality standards for treatment of WEEE,

- paragraph 5 - option for Member States to oppose certain shipments under well-established conditions;

- Article 6:

- paragraph 2 - extension of the date to make provision generally more practicable,

- paragraph 4 - establishment of targets for reuse of whole appliances, if appropriate, and category 8 equipment (Annexes IA and IB) by new Commission proposal;

- Article 7:

- paragraph 1 - introduction of the words "as a minimum" to underline producers' responsibility,

- paragraph 3 - proportionate contribution to financing for historical waste,

- paragraph 4 - requirement for financing the management of "orphan WEEE",

- paragraph 5 - requirement for producers supplying EEE by distance-selling techniques;

- Article 8 - clarification of financing systems for WEEE from users other than private households and requirements also for historical waste;

- Article 9(4) - optional clause concerning alternative ways for information to users;

- Article 10 - information also on EEE components and materials;

- Article 11(1) - additional requirements in the case of supplying EEE by means of distance communication and adequate information exchange in particular for treatment operations;

- Article 12 - additional delegation of power to committee for adaptation of Article 6(3) and Annex IB (the latter in particular for specific products);

- Article 15:

- paragraph 3 - optional clause to transpose a number of provisions by means of agreements between competent authorities and economic sectors,

- paragraph 4 - optional extension of a maximum of two years for collection and recovery targets for Greece and Ireland,

- paragraph 5 - requirement of the Commission to submit a report on the application of the Directive;

- Annex IB - in general all of the categories have been completed as much as is currently possible; however, category 6 excludes large-scale stationary industrial machinery and category 5 excludes luminaires in households and filament bulbs, the latter possibly to be reconsidered for inclusion under committee procedure;

- Annex II, point 4 - evaluation, as a matter of priority, under committee procedure of certain entries in this Annex.

The Commission has accepted the common position as agreed upon by the Council.

(1) OJ C 365 E, 19.12.2000, p. 184.

(2) OJ C 34 E, 7.2.2001, p. 136.

(3) OJ C 116, 20.4.2001, p. 38.

(4) OJ C 148, 18.5.2001, p. 1.

(5) OJ C 240 E, 28.8.2001, p. 298.