Proposal for a Directive of the European Parliament and of the Council on waste electrical and electronic equipment
Date: 2000-06-13
Institutions: European Commission
Subjects: dangerous substance, electronic equipment, industrial waste, waste disposal, waste recycling

C 365 E/184

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Official Journal of the European Communities

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Proposal for a Directive of the European Parliament and of the Council on waste electrical and
electronic equipment

(2000/C 365 E/12)

(Text with EEA relevance)

COM(2000) 347 final (cid:16) 2000/0158(COD)

(Submitted by the Commission on 28 July 2000)

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,

(4) The Council, in its Resolution of 24 February 1997 on the
Community strategy for waste management (3), invited the
Commission to develop, as soon as possible, an appro-
the priority waste
priate follow-up to the projects of
streams programme, including WEEE.

Having regard to the proposal from the Commission,

Having regard to the opinion of
Committee,

the Economic and Social

Having regard to the opinion of the Committee of the Regions,

Acting in accordance with the procedure laid down in Article
251 of the Treaty,

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 national resources prudently and rationally. That
policy is based on the 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
(8Fifth Environmental Action Programme9) (1) states that
the achievement of sustainable development calls for
significant changes in current patterns of development,
production, consumption and behaviour and advocates,
the reduction of wasteful consumption of
inter alia,
It
natural resources and the prevention of pollution.
equipment
mentions waste
(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.

and electronic

electrical

(3) The Commission communication of 30 July 1996 on
for waste
Community
that, where the generation of
reused or

review of
management (2)
cannot be avoided,
waste
recovered for its material or energy.

should be

strategy

states

the

it

(1) OJ C 138, 17.5.1993, p. 5.
(2) COM(96) 399 final.

(5) The European Parliament,

in its

resolution of 14
November 1996 (4) 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 respon-
sibility. 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 (5), as
last amended by Commission Decision
96/350/EC (6), 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
a major
in electrical
and
concern during the waste management phase
recycling of WEEE is not undertaken to a sufficient extent.

and electronic

equipment

is

(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 lead to substantial
disparities in the financial burden on economic operators.
Having different national policies on the management of
WEEE hampers the effectiveness of national recycling
policies.

(9) The provisions of this Directive should apply to products
the selling technique,

and producers
including distance and electronic selling.

irrespective of

(3) OJ C 76, 11.3.1997, p. 1.
(4) OJ C 362, 2.12.1996, p. 241.
(5) OJ L 194, 25.7.1975, p. 39.
(6) OJ L 135, 6.6.1996, p. 32.

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(10) This Directive should cover all electrical and electronic
equipment used by consumers and electrical and elec-
tronic equipment
intended for professional use which
are likely to end up in the municipal waste stream. This
Directive should apply without prejudice to Community
legislation on safety and health requirements and specific
Community waste management legislation,
in particular
Council Directive 91/157/EEC of 18 March 1991 on
batteries and accumulators containing certain dangerous
substances (1), as amended by Commission Directive
98/101/EC (2).

(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
efficiently,
producers should be encouraged to fulfil their responsi-
bility 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.

responsibility concept most

(11)

is necessary to draw up as quickly as possible
It
provisions concerning the design and manufacture of
to minimise their
electrical and electronic equipment
impact on the environment during their life cycle.
In
the interest of overall consistency between Directives
those
relevant
provisions should be drawn up in accordance with the
principles set out in the Council Resolution of 7 May
1985 on a new approach to technical harmonisation
and standards (3).

to electrical and electronic equipment,

(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 and
animal 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 free of charge.

for

costs

(17) Users of electrical and electronic equipment from private
households should have the possibility of returning WEEE
free of charge. Producers should therefore finance the
treatment, recovery and disposal of WEEE. In order to
from the
producers
reduce
management of waste from products already on the
market
(8historical waste9), a transitional period should
be laid down. 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.

resulting

(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.

(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.

(19)

Information on treatment facilities provided by producers
the management, and in
is
particular the treatment, of WEEE.

to facilitate

important

the waste stream. Such treatment

(14) Specific treatment for WEEE is indispensable in order to
into the recycled
avoid the dispersion of pollutants
material or
is the
most effective means of ensuring compliance with the
chosen level of protection of
the
Community. Recycling facilities
should comply with
certain minimum standards to prevent negative environ-
mental impacts associated with the treatment of WEEE.

the environment of

(20) Information about the numbers and weight of items of
electrical and electronic equipment put on the market in
the Community and the rates of collection and recycling
of WEEE is necessary to monitor the success of collection
schemes.

(15) A high level of recovery, in particular re-use or recycling,
should be achieved and producers encouraged to integrate
recycled material in new equipment.

(1) OJ L 78, 26.3.1991, p. 38.
(2) OJ L 1, 5.1.1999, p. 1.
(3) OJ C 136, 4.6.1985, p. 1.

(21) Since the measures necessary for the implementation of
this Directive are measures of general scope within the
meaning of Article 2 of Council Decision 1999/468/EC of
28 June 1999 laying down the procedures for the exercise
of implementing powers conferred on the Commission (4),
they should be adopted by use of
the regulatory
procedure provided for in Article 5 of that Decision,

(4) OJ L 184, 17.7.1999, p. 23.

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HAVE ADOPTED THIS DIRECTIVE:

the continued use of WEEE which is returned to collection
points, distributors, recyclers or manufacturers;

Article 1

Objectives

electrical

and electronic

this Directive is, as a first priority,

the
The purpose of
prevention of waste
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 economic operators involved in the life cycle of electrical
and electronic equipment and in particular operators directly
involved in the treatment of waste electrical and electronic
equipment.

Article 2

Scope

(e)

(f)

8recycling9 means the reprocessing in a production process
of the waste materials for the original purpose or for other
purposes, but excluding energy recovery;

8energy recovery9 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;

(g)

8recovery9 means any of the applicable operations provided
for in Annex II.B to Directive 75/442/EEC;

(h)

8disposal9 means any of the applicable operations provided
for in Annex II.A to Directive 75/442/EEC;

1.
This Directive shall apply to electrical and electronic
equipment falling under the categories set out in Annex I A.

(i)

2.
Article 4(1), (3), (4) and (5), and Articles 7 and 9 shall
not apply to electrical and electronic equipment falling under
categories 8, 9 and 10 of Annex I A.

8treatment9 means any activity after the WEEE has been
handed over to a facility for depollution, disassembly,
shredding, recovery or disposal and any other operation
carried out for the recovery and/or the disposal of the
WEEE;

(j)

8producer9 means any person who:

This Directive

3.
to
Community legislation on safety and health requirements and
specific Community waste management legislation.

apply without

prejudice

shall

Article 3

Definitions

(i) manufactures

and sells

and electronic
equipment under his own brand, irrespective of the
selling technique used,
including distance and elec-
tronic selling,

electrical

For the purposes of this Directive, the following definitions
shall apply:

(ii) resells under his own brand equipment produced by
irrespective of the selling technique

other suppliers,
used, including distance and electronic selling, or

(a)

(b)

8electrical and electronic equipment9 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 I A and
designed for use with a voltage rating not exceeding 1 000
volt
for direct
current;

for alternating current and 1 500 volt

8WEEE9
8waste electrical and electronic equipment9 or
means electrical or electronic equipment which is waste
of Directive
of Article 1(a)
within the meaning
75/442/EEC,
sub-assemblies
including all components,
and consumables, which are part of the product at the
time of discarding;

(c)

8prevention9 means measures aimed at
quantity and the harmfulness
WEEE and materials and substances contained therein;

reducing the
to the environment of

(k)

(l)

(iii) imports electrical and electronic equipment on a

professional basis into a Member State;

8distributor9 means anyone who provides a product on a
commercial basis to the party who is going to use that
product;

8WEEE from private households9 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;

(m) 8dangerous substance or preparation9 means any substance
or preparation which has to be considered dangerous
under Council Directive 67/548/EEC (1) or Directive
the
1999/45/EC of
Council (2).

the European Parliament and of

(d)

8re-use9 means any operation by which WEEE is used for
the same purpose for which it was conceived, including

(1) OJ L 196, 16.8.1967, p. 1.
(2) OJ L 200, 30.7.1999, p. 1.

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Article 4

Separate collection

1. Member States shall ensure that systems are set up so that
final holders and distributors can return WEEE from private
households free of charge. They shall ensure the availability and
accessibility of the necessary collection facilities, taking into
account the population density.

2. Member States shall ensure that any establishment or
treatment operations obtains a
undertaking carrying out
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.

2. Member States
shall ensure that distributors, when
supplying a new product, offer to take back free of charge
the
similar WEEE from private households provided that
equipment
including radioactive
and biological contaminants.

is free from contaminants,

The inspection shall verify:

(a) the type and quantities of waste to be treated;

3. Member States shall ensure that producers provide for the
collection of WEEE
than private
households. They shall be allowed on a voluntary and indi-
vidual basis to set up and operate take-back systems for
WEEE from private households.

from holders other

4. Member States shall ensure that all WEEE collected is
transferred to authorised treatment
facilities. The collection
and transportation of
separately collected WEEE shall be
carried out in a way which ensures the suitability for re-use
and recycling of those components or whole appliances which
might be re-used and/or recycled.

shall

5. Member States
December 2005 at
collection of
year of WEEE from private households.

to achieve by 31
the latest a minimum rate of separate
four kilograms on average per inhabitant per

endeavour

electrical

As soon as it is possible, on the basis of the information
required under Article 11, to formulate a collection target of
WEEE from private households as a percentage of the amount
of
sold to private
households, 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.

and electronic

equipment

Article 5

Treatment

1. Member States shall ensure that producers 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 the present Directive
provided that the re-use and recycling of components or whole
appliances is not hindered.

(b) the general technical requirements to be complied with;

(c) the safety precautions to be taken.

The inspection shall be carried out once a year and the results
shall be
to the
communicated by the Member States
Commission.

3. Member States shall ensure that any establishment or
undertaking carrying out
stores and
treats WEEE in compliance with the technical requirements
set out in Annex III.

treatment operations

4. Member States shall ensure that the permit referred to in
paragraph 2 includes all conditions necessary for compliance
with the requirements of paragraphs 1 and 3 as well as 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 Regu-
lation (EEC) No 259/93 (1).

Article 6

Recovery

1. Member States shall ensure that producers set up systems
to provide for the recovery of separately collected WEEE in
compliance with this Directive.

2. Member States shall ensure that, by 31 December 2005 at
the latest, the following targets for separately collected waste
are met by producers:

(a) For WEEE falling under category 1 (large household
appliances) of Annex I A, the rate of recovery shall be
increased to a minimum of 80 % by an average weight
per appliance and component, material and substance
re-use and recycling shall be increased to a minimum of
75 % by an average weight per appliance;

(1) OJ L 30, 6.2.1993, p. 1.

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exception of

(b) For WEEE falling under categories 2, 4, 6 and 7 of Annex I
A, with the
contains
cathode-ray tubes, the rate of recovery shall be increased
to a minimum of 60 % by weight of the appliances and
component, material and substance re-use and recycling
shall be increased to a minimum of 50 % by weight of
the appliances;

equipment

that

(c) For WEEE falling under category 3 of Annex I A, with the
exception of equipment that contains cathode-ray tubes, the
rate of recovery shall be increased to a minimum of 75 %
by weight of the appliances and component, material and
substance re-use and recycling shall be increased to a
minimum of 65 % by weight of the appliances;

(d) For gas discharge lamps, the rate of component, material
and substance re-use and recycling shall reach a minimum
of 80 % by weight of the lamps;

(e) For WEEE containing a cathode-ray tube,

the rate of
recovery shall be increased to a minimum of 75 % by an
average weight per appliance and component, material and
substance re-use and recycling shall be increased to a
minimum of 70 % by an average weight per appliance.

3.
By 31 December 2004 at the latest, the detailed rules for
monitoring compliance by Member States with the targets
referred to in paragraph 2 of this Article shall be adopted in
accordance with the procedure referred to in Article 14(2).

The European Parliament and the Council, acting on a
from the Commission, shall establish targets for

4.
proposal
recovery, re-use and recycling for the years beyond 2008.

Article 7

Financing in respect of WEEE from private households

1. Member States shall ensure that holders of WEEE from
private households can return such waste free of charge in
accordance with Article 4.

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

shared by all existing producers. Where a producer who opts
for an individual system cannot prove that he is discharging his
responsibility with respect
the historical
waste, he shall contribute to the financing of an alternative
system.

to a fair share of

Article 8

Financing in respect of WEEE from users other than
private households

Member States shall ensure that the financing of the costs for
the collection, treatment, recovery and environmentally sound
disposal of WEEE from users other than private households is
covered by agreements between the producer and the user of
the equipment at the time of purchase.

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 re-use, recycling and other

forms of recovery of WEEE;

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

2. Member States shall encourage consumers to contribute
to collection, treatment and recovery of WEEE.

3. Member States shall ensure that, with a view to achieving
a high rate of collection, producers appropriately mark elec-
trical and electronic equipment which might normally be
disposed of in rubbish bins or similar means of municipal
waste collection with the symbol shown in Annex IV. In excep-
tional cases, where this is necessary because of the size or the
function of the product, the symbol shall be printed on the
packaging of the electrical and electronic equipment.

3.
The financing referred to in paragraph 2 may be provided
by means of collective or individual systems. There shall be no
discrimination between producers who opt
for collective
systems and those who opt for individual systems.

Article 10

Information for treatment facilities

The responsibility for the financing of
the management of
waste from products put on the market before the expiry of
the period referred to in paragraph 2 (8historical waste9) shall be

Member States
shall ensure that producers provide such
information as is needed by treatment facilities to identify the
different electrical and electronic equipment components and
materials, and the location of dangerous substances and prep-
arations in the electrical and electronic equipment.

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Article 11

Information requirements

Article 14

Committee

States

1. Member
to the Commission
shall provide
information on an annual basis on the quantities and categories
of electrical and electronic equipment put on the market,
collected and recycled within the Member States, both by
numbers and by weight.

2. Member States shall ensure that the information required
under paragraph 1 is transmitted to the Commission by 1
January 2007 and on a three-yearly basis thereafter. The
information shall be provided in a format which shall be estab-
this
lished within one year after
Directive in accordance with the procedure referred to in
Article 14(2).

the entry into force of

Article 12

Reporting obligation

Without prejudice to the requirements of Article 11, Member
States shall send a report to the Commission on the implemen-
tation 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 (1) 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 report shall cover a period of three years from 1
January 2006.

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

Article 13

Adaptation to scientific and technical progress

to adapt
Any amendments which are necessary in order
Annexes II,
III and IV to scientific and technical progress
shall be adopted in accordance with the procedure referred
to in Article 14(2).

The Commission shall be assisted by the committee

1.
instituted by Article 18 of Directive 75/442/EEC.

2. Where reference is made to this paragraph, the regulatory
procedure laid down in Article 5 of Decision 1999/468/EC
shall apply, in compliance with Article 7 and Article 8 thereof.

The period provided for in Article 5(6) of Decision

3.
1999/468/EC shall be three months.

Article 15

Transposition

1. Member States shall bring into force the laws, regulations
and administrative provisions necessary to comply with this
Directive by 30 June 2004 (18 months after the date of
adoption) at
immediately inform the
Commission thereof.

the latest. They shall

2. When Member States adopt those provisions, they shall
contain a reference to this Directive or be accompanied by
such a reference on the occasion of their official publication.
Member States shall determine how such reference is to be
made.

3. Member States shall communicate to the Commission the
text of all
regulations and administrative
provisions adopted in the field covered by this Directive.

existing laws,

Article 16

Entry into force

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

Article 17

Addressees

This Directive is addressed to the Member States.

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

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Categories of electrical and electronic equipment covered by this Directive

ANNEX I A

1. Large household appliances

2. Small household appliances

3. IT & telecommunication equipment

4. Consumer equipment

5. Lighting equipment

6. Electrical and electronic tools

7. Toys

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

9. Monitoring and control instruments

10. Automatic dispensers

Indicative list of products which fall under the categories of Annex I A

ANNEX I B

1. Large household appliances

Large cooling appliances

Refrigerators

Freezers

Washing machines

Clothes dryers

Dish-washing machines

Cooking

Electric stoves

Electric hot plates

Microwaves

Heating appliances

Electric heaters

Electric fans

Air conditioners

2. Small household appliances

Vacuum cleaners

Carpet sweepers

Irons

Toasters

Fryers

Coffee grinders

Electric knives

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Coffee machines

Hair dryers

Tooth brushes

Shavers

Clocks

Scales

3. IT & telecommunication 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

User terminals and systems

Facsimile

Telex

Telephones

Pay telephones

Cordless telephones

Cellular telephones

Answering systems

4. Consumer equipment

Radio sets (clock radios, radio-recorders)

Television sets

Videocameras

Video recorders

Hi-fi recorders

Audio amplifiers

Musical instruments

5. Lighting equipment

Luminaires

Straight fluorescent lamps

Compact fluorescent lamps

High intensity discharge lamps, including high-pressure sodium lamps and metal halide lamps

Low-pressure sodium lamps

Other lighting equipment

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6. Electrical and electronic tools

Drills

Saws

Sewing machines

7. Toys

Electric trains or car-racing sets

Hand-held video game consoles

Video games

8. Medical equipment systems (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

9. Monitoring and control instruments

Smoke detectors

Heating regulators

Thermostats

10. Automatic dispensers

Automatic dispensers for hot drinks

Automatic dispensers for hot or cold bottles or cans

Automatic dispensers for solid products

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Selective treatment for materials and components of waste electrical and electronic equipment in accordance
with Article 5.1

ANNEX II

1. As a minimum, the following substances, preparations and components have to be removed from any separately

collected WEEE:

F PCB containing capacitors

F Mercury containing components, such as switches

F Batteries

F Printed circuit boards

F Toner cartridges, liquid and pasty, as well as colour toner

F Plastic containing brominated flame retardants

F Asbestos waste

F Cathode-ray tubes

F CFC, HCFC or HFCs

F Gas-discharge lamps

F Liquid crystal displays of a surface greater than 100 square centimetres and all

those back-lighted with

gas-discharge lamps

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:

F Cathode-ray tubes: The fluorescent coating has to be removed

F Equipment containing CFC, HCFC or HFCs: The CFC present in the foam and the refrigerating circuit must be
properly extracted and destroyed. HCFC or HFCs present in the foam and the refrigerating circuit must be
properly extracted and destroyed or recycled

F Gas-discharge lamps: The mercury shall be removed

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ANNEX III

Technical requirements in accordance with Article 5.3

1. Sites for storage of WEEE (without prejudice to the requirements of Directive 1999/31/EC on the landfill of waste):

F Impermeable surfaces

F Weatherproof covering

2. Sites for treatment of WEEE:

F Balances to measure the weight of the treated waste

F Impermeable surfaces and waterproof covering for appropriate areas

F Appropriate storage for disassembled spare parts

F Appropriate containers for storage of batteries, PCB/PCT containing condensators and other hazardous waste

F Equipment for the treatment of water, including rainwater

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.