WRITTEN QUESTION E-0382/01

by Jeffrey Titford (EDD) to the Commission

(15 February 2001)

Subject: Proposed directive on waste electrical and electronic equipment

Why is the European Commission proceeding with a proposed Directive on waste electrical and electronic equipment, which would require electrical retailers to offer consumers a free service to take back old electrical products, when the proposed Directive would:

1. force small and medium-sized businesses to use expensive floor space to store waste electrical products,

2. cause practical difficulties for customers transporting these products to retail outlets,

3. cause health and safety problems for retail staff, who would be expected to handle all kinds of dangerous, soiled, greasy or possibly contaminated equipment returned by the consumer,

4. cause huge additional expense to small and medium-sized businesses having to collect old products whilst delivering new ones,

5. require small and medium-sized retailers to apply for a waste-management licence which could only be obtained by sending staff on expensive courses,

6. expose small and medium-sized businesses to criminal penalties for selling electrical equipment without a licence thus adding to the number of criminal offences generated by the European Union (such as the British Government's recent attempt to make it a criminal offence to sell loose goods to British consumers in Imperial weights and measures).

Answer given by Mrs Wallström on behalf of the Commission

(6 April 2001)

Article 4 of the Commission Proposal for a Directive on waste electrical and electronic equipment (WEEE)(1), establishes, inter alia, that Member States shall take the necessary measures to ensure that systems are set up so that final holders and distributors can return waste electrical and electronic equipment from private households free of charge. To meet this obligation, Member States shall ensure the availability and accessibility of the necessary collection facilities, taking into account the population density. Member States shall ensure that distributors, when supplying a new product, offer to take back free of charge similar waste electrical and electronic equipment from private households provided that the equipment is contaminant free (including radioactive and biological). Member States shall take the necessary measures to ensure that all waste electrical and electronic equipment collected in accordance with this Article is transferred to authorised treatment facilities.

The basic principle is that final holders and distributors are able to return electrical goods without having to pay charges. In the Commission's view, this principle does not necessarily entail that end of life electrical products have to be physically brought back to the retail outlets. On the contrary, the experience in areas where management of such waste has already started shows that transport to the dismantling or treatment sites is organised in such a way that no significant supplementary burden for retail outlets or for consumers arises. Contacts of the Commission with representatives of retailers' organisations have confirmed that in many cases the free take-back, as proposed by the Commission, is already part of the service provided to the consumer.

Should additional expenses nevertheless arise, the Commission is convinced that such costs would have to be borne for the benefit of the environment. In this context, the principle of the internalisation of costs into product prices is one of the basic principles of sustainable development. As mentioned in the explanatory memorandum of the proposals, it is clear from the pilot projects on WEEE that charging consumers with disposal costs at the point of return would have negative repercussions on the collection results. Furthermore, the proposal has been subject to a business impact assessment with special reference to small and medium-sized enterprises (SMEs). Such an assessment, published by the Commission as Annex II to the Explanatory Memorandum of the WEEE proposal, was carried out in consultation with the relevant associations (including retailers) and did not show any significant negative effect on SMEs.

As regards the need to apply for a waste management licence, Council Directive 75/442/EEC of 15 July 1975 on waste(2) (Article 12) does not require establishments which collect waste to be subject to authorisation, but only be registered with the competent authorities. Any commercial establishment is, by definition, already registered with the competent authorities. The proposal for a Directive on WEEE does not change this situation.

The issue of possible criminal penalties is not presently regulated by Community legislation. However, in view of the fact that there are still many cases of severe non-observance of Community environmental law, the Commission has adopted a proposal for a directive on the protection of the environment through criminal law(3). This will establish a minimum standard for elements of criminal offences in breach of Community environment legislation.

(1) OJ C 365 E, 19.12.2000.

(2) OJ L 194, 25.7.1975.

(3) COM(2001) 139 final.