EN Official Journal of the European Union CE 78/413

(2004/C 78 E/0435)

WRITTEN QUESTION E-2666/03

by Jean Lambert (Verts/ALE) to the Commission

(10 September 2003)

Subject: Recycling print catridges

Directive 2002/96/EC (1) of the European Parliament and of the Council on waste electrical and electronic equipment (WEEE) aims to reduce the amount of electrical and electronic waste disposed of in landfills and incinerators by establishing separate collection and recycling systems for such waste. By making manufacturers responsible for the disposal of electronic goods at the end of their useful lives, WEEE gives producers incentives to improve the recyclability of these products.

However, should consumable goods used by electric or electronic equipment be excluded from the Directive, printer cartridges could be exempt. This is despite an amendment added to the Directive specifically designed to apply to printer cartridges in order to ensure that products were not designed in such a way as to prevent reuse.

Many of the latest generation of cartridges are fitted with ‘smart chips’ and other devices, which have the effect of preventing their reuse, or making it difficult or expensive to do so, meaning that unless printer cartridges are included in the Directive, many cartridges currently being reused would be destined for landfill too. This would severely damage the developing cartridge recycling industry. Again, an article was specifically inserted in the text of the Directive in order to avoid the use of technical design features that would prevent equipment from being reused.

Therefore, given that WEEE was clearly intended to encourage reuse and recycling of both durable and consumable electronic goods:

— would the Commission deem Member State Government plans to exclude consumable goods used by electric or electronic equipment from the Directive to be in breach of the WEEE Directive?

— would cartridges fitted with smart chips be considered electrical or electronic in nature and therefore fall under the WEEE Directive's recycling requirements?

Answer given by Mrs Wallström on behalf of the Commission

(5 November 2003)

Directive 2002/96/EC (2) (the WEEE Directive) includes requirements for electrical and electronic equipment both before and after it becomes waste.

Before it is waste, electrical and electronic equipment (EEE) has to comply with the Directive's requirements for product design, information and reporting (3). Waste electrical and electronic equipment (WEEE) is subject to the Directive's requirements on separate collection, treatment, recovery, reuse and recycling as well as its financing- and information provisions (4).

Article 3(a) of the WEEE Directive defines EEE as ‘equipment which is dependent on electric currents or electronic-magnetic fields in order to work properly and equipment for the generation, transfer and measurement of such currents and files falling under the 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.’ The Directive defines WEEE as ‘electrical or electronic equipment which is waste within the meaning of Article 1(a) of Directive 75/442 (5), including all components, subassemblies and consumables which are part of the product at the time of discarding’.

According to the definition of EEE there is no doubt that a printer itself is EEE because a printer falls under category 3 of Annex IB to the Directive. It is equally clear that if a printer is discarded, it becomes WEEE. The ink cartridge inside a printer which is discarded also becomes part of the WEEE due to the fact that it is a consumable which is part of the printer at the time of discarding. It would thus in these situations not be compatible with the Directive to exclude consumables, such as ink cartridges, from the scope of the Directive.

Plans to exclude consumable goods used by electric or electronic equipment from the Directive would therefore be in breach of the WEEE Directive if they would exclude consumables as part of waste equipment when it is returned. However, when put on the market as new items, consumables are not covered by the scope of the WEEE Directive. Therefore, plans to exclude them from the scope in this context are not in breach of the WEEE Directive.

Furthermore, Article 4 of the Directive requires Member States to:

encourage the design and production of electrical and electronic equipment which take into account and facilitate dismantling and recovery, in particular the reuse and recycling of WEEE, their components and materials. In this context, Member States shall 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 manufacturing processes present overriding advantages, for example, with regard to the protection of the environment and/or safety requirements.

It would be expected that Member States, when implementing the Directive, would take the necessary steps to encourage the producers to adopt a design or manufacturing process for printers which would facilitate the reuse of printers or at least would not prevent the reuse without relevant justification to do so. The national measures have to comply with the provisions of the EC Treaty, inter alia, those ensuring the free movement of goods.

A cartridge fitted with smart chips would not fall within the definition of electrical and electronic equipment in Article 3(a) of the WEEE Directive, irrespective of its electrical and electronic content, should it be considered as a consumable, since consumables are outside the scope of that provision. This point is currently being discussed with Member States in the Technical Adaptation Committee in order to find a common understanding of the scope of the WEEE Directive.

(1) OJ L 37, 13.2.2003, p. 24.

(2) Directive 2002/96/EC of the Parliament and of the Council on waste electrical and electronic equipment, OJ L 37, 13.2.2003.

(3) Articles 4 and 12.

(4) Articles 5-11.

(5) Council Directive 75/442/EEC of 15 July 1975 on waste, OJ L 194, 25.7.1975.