Amended proposal for a Directive of the European Parliament and of the Council on waste electrical and electronic equipment (presented by the Commission pursuant to Article 250 (2) of the EC-Treaty)
Date: 2001-06-06
Institutions: European Commission
Subjects: dangerous substance, electronic equipment, industrial waste, waste disposal, waste recycling

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28.8.2001

Amended proposal for a Directive of the European Parliament and of the Council on waste
electrical and electronic equipment (1)

(2001/C 240 E/36)

(Text with EEA relevance)

COM(2001) 315 final (cid:151) 2000/0158(COD)

(Submitted by the Commission pursuant to Article 250(2) of the EC Treaty on 7 June 2001)

1. BACKGROUND

Transmission of the proposals to the Council and the European
Parliament
in
(COM(2000) 347 final (cid:151) 2000/0158(COD))
accordance with Article 175(1) of the Treaty: 28 July 2000

Opinion of the Economic and Social Committee: 29 November
2000

as well as of Directive 91/157/EEC on batteries; am. 23
the WEEE Directive applies irrespective of
stating that
serviced; am. 24 including
how the equipment was
systems, monitoring and control
medical
instruments as well as automatic dispensers under the
the Directive;
scope of certain collection provisions of
am. 25 stating that
include
providers of EEE under finance agreements (e.g. lease).

(cid:145)professional

equipment

importers(cid:146)

Opinion of the Committee of Regions: 14 February 2001

The Commission can accept am. 22 which deletes the
term (cid:145)economic(cid:146) in Article 1.

Opinion of the European Parliament (cid:151) first reading: 15 May
2001

2. OBJECTIVE OF THE COMMISSION PROPOSAL

The proposal establishes measures on the prevention of waste
from electrical and electronic equipment, on the collection of
electrical and electronic equipment as well as their treatment,
recycling and recovery. It is proposed that Member States set
up separate collection of waste electrical and electronic
equipment (WEEE) and ensure the proper treatment, recovery
and disposal of WEEE. The treatment, recovery and disposal of
WEEE shall be financed by producers to create economic
the design of electrical and electronic
incentives to adapt
equipment to the prerequisites of sound waste management.
Consumers shall have the possibility to return their equipment
free of charge. Quantified targets for reuse, recycling and
recovery are set out.

3. COMMISSION OPINION ON THE AMENDMENTS ADOPTED

BY THE PARLIAMENT

3.1. Amendments accepted by the Commission

The following amendments can be accepted:

same

obligations

As regards the scope of the Directive, am. 3 stating that
the
and
distributors have to apply in relation to distant-selling;
am. 4 establishing that the WEEE Directive is without
prejudice of other legislation on workers-health protection

producers

applying

to

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

regards definitions, am. 27 clarifying that

(cid:145)reuse(cid:146)
As
includes both the reuse as whole appliances or as
components; am. 28 establishing that the (cid:145)producer(cid:146)
is
independent on the selling technique used,
including
distant-selling; am. 29 setting out conditions in order for
resellers not to be considered producers.

As regards collection, free take-back and producer respon-
sibility, am. 36 stating that systems to handle waste may
be set up by producers individually or collectively.

Concerning recovery, am. 39 increasing the quantified
recycling and recovery of WEEE; am. 42
targets for
for
laying down conditions to be taken into account
setting targets
the years beyond 2008; am. 43
calling for the development of new technologies.

for

As regards financing, ams. 15 and 16 establishing that
individual
financing systems are to be preferred to
collective systems unless unfeasible or too costly.

As regards information requirements, ams. 18, 47 to 50,
51 and 52 extending the obligations on producers as
regards information to users; am. 51 providing for possi-
bility for introducing penalties for failure to comply with
the separate-collection obligations. Ams. 19 and 54 rein-
forcing the provision relating to information to be
provided to treatment facilities.

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trade

producers,

Finally, am. 10 referring to the potential benefits of the
Directive in terms of job-creation; am. 59 establishing that
before amending the Annexes, the Commission shall to
consult
consumers
associations; am. 60, requiring waste management plans
to include a chapter on WEEE; am. 61 requiring Member
States to provide for adequate penalties; ams. 20 and 64
requiring Member
adequate
inspection and to rely on the Recommendation on
environmental inspections.

to provide

unions

States

and

for

Am 63 changes the date of entry into force (day of publi-
cation instead of 20th day after publication). This can be
accepted.

The Commission can accept am. 66 adding (cid:145)leisure and
sport equipment(cid:146) to point 7 of Annex part A.

3.2. Amendments accepted in part or principle by the

Commission

Concerning definitions, am. 26 on the definition of WEEE
reinforces
and
that
sub-assemblies are to be considered WEEE as well and
can be accepted except for the reference to (cid:145)consumables(cid:146).

components

concept

the

all

As regards collection, am. 35 establishes a number of
obligations. The part prohibiting the disposal of WEEE
together with unsorted urban waste can be accepted.
The Commission does not find it necessary to accept the
part contained in paragraph (cid:145)1a(cid:146), referring to the burden
on retailers, considering that the possibility of centralised
collection points is not excluded anyway. Furthermore, the
Commission does not agree to the second part of
paragraph 2 allowing Member States to depart from the
free take-back provision. As regards paragraph 3,
the
Commission accepts the amendment in principle but has
requirement
doubts
recovery
the
about
operations pursuant
to certified management systems.
The Commission suggests to replace the term required
with encouraged. The changes in paragraph 4 can be
accepted.
the
5,
6 kg/person/year can be accepted in principle. However,
the Commission considers that the provision should be
reworded as follows: without prejudice to Article 1(a),
take measures with a view to
Member States
achieving by 31 December 2005 at the latest a rate of
separate collection of 6 kg on average per inhabitant per
year of WEEE from private households. The same applies
to am. 9 on recital 13.

to conduct

paragraph

reference

shall

the

to

In

Am. 30 establishes that in case of distant-selling producers
and distributor, the company performing service or main-

tenance in agreement with the producer/distributor is
considered to be a (cid:145)producer(cid:146)
the
Directive. This change can be accepted, although the
Commission doubts that they would be necessary.

for the purpose of

Am. 32 contains a definition of (cid:145)collection facility(cid:146) and can
be accepted in principle. The Commission proposes the
following text (cid:145)collection facility(cid:146) means any establishment,
including where appropriate retailers, taking back WEEE
from the final holder.

The Commission can accept in principle am. 95 subject to
the following rewording: (cid:145)Member States shall ensure that
WEEE liable to present a health and safety risk to
personnel, due in particular to radioactive or biological
contamination, are taken back in adequate collection
facilities.(cid:146)

As regards treatment requirements, am. 37 establishes that
state-of-the-art recovery and recycling systems (cid:151) to be set
up by producers individually or collectively (cid:151) shall be
used. This is acceptable. Also the reference to workers’
health protection can be accepted. As regards paragraph
5, this lays down requirements to be complied with in
case of export of WEEE. These conditions de facto
amend Regulation (EEC) No 259/93 on the shipment of
waste. It is not appropriate to derogate from general rules
on waste shipments in relation to recovery of WEEE,
therefore
accepted.
However, the Commission suggests restricting the scope
of the provision to shipment for disposal: Member States
may oppose to shipments in compliance with Article 4,
paragraph 3,
letter c, first indent of Council Regulation
(EEC) No 259/93, if the minimum quality standards for
treatment as laid down in paragraph 1 are not fulfilled.

should not be

amendments

the

Finally, am. 37 requires Member States to ensure that
introduce certified environmental
economic operators
management systems. This part is acceptable.

Am. 11 on recital 14 refers to the quality of treatment
operations and can be accepted in principle, with the
following rewording: 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. In the interests of high environmental protection
standards Member States
state-
of-the-art recovery and recycling technology is used.

should ensure

that

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As regard provisions on recovery and recycling, am. 38
requires that all separately-collected WEEE is sent
for
recovery, except for WEEE to be completely reused, and
that the highest possible reuse/recycling rate is achieved.
This amendment can be accepted in principle. The
Commission suggests the following formulation: (cid:145)Member
States shall ensure that all separately-collected WEEE is
sent for recovery with the view to achieving the highest
possible reuse and recycling rate is achieved. Equipment
which is completely reused is not covered by this
provision(cid:146).

Am. 41 establishes that detailed rules for calculating the
targets shall be adopted at a later stage and can be
the
accepted in principle. The Commission suggests
following:
the
the latest,
(cid:145)By 31 December 2004 at
detailed rules for monitoring the targets referred to in
paragraph 2 of this Article as well as the compliance by
Member States therewith shall be adopted in accordance
with the procedure referred to in Article 14(2).(cid:146)

the producer

called to finance or

As regards financing, am. 44 changes the date of entry
responsibility clause (30
into effect of
months after entry into force of Directive,
instead of 5
years). This part can be accepted. It further establishes that
co-finance
producers may be
collection from households. This part can only be
accepted in principle. The Commission suggests
the
(cid:145)without prejudice to Article 4(2)
following wording:
according to the
Member States
principle of subsidiarity, determine in which way WEEE
from private households is transferred to the collection
facilities set up under Article 4(1).(cid:146)

ensure

shall

and,

to entitle an individual producer to display his costs to
the consumers. This can not be accepted.

As regards reporting requirements, am. 52 establishes that
EEE shall be clearly labelled in order to indicate that they
were put on the market after the entry into force of the
Directive. This amendment can be accepted in principle
and suggests the following wording: (cid:145)Member States shall
ensure that, with a view to the fact that WEEE may no
longer be disposed of together with unsorted urban waste
and that all WEEE arising must be separately collected,
producers appropriately mark electrical and electronic
equipment put on the market 30 months after the entry
into force of this Directive and which might normally be
disposed of in rubbish bins or similar means of municipal
waste collection, with the symbol showing in Annex IV
. . .(cid:146) (rest unchanged).

Regarding am. 75, the Commission can accept in principle
(cid:145)Les Etats Membres
subject to the following rewording:
veillent (cid:224) ce que tous les producteurs d’un appareil Ølec-
tronique ou Ølectroniques mis sur le marchØ aprŁs le . . .
[30 mois aprŁs l’entrØe en vigeur de la prØsente directive]
soit aisØment identifiable gr(cid:226)ce (cid:224) l’Øtiquettage de l’appareil
indiquant Øgalement la date de mise sur le marchØ.(cid:146)

to make sure that
Am. 55 calls on Member States
producers using distant-selling
company
located in a Member State and which is liable to take
over the producers’ obligations set out in the Directive.
This amendment can be accepted in principle, although
the provision would need to be put under Article 7(2).

indicate

a

Am. 46 (and am. 17 adding a new recital) establish:

(a) that costs of collection and treatment must be inter-
nalised within the product price. It is not clear how
this would legally work,
is not
accepted;

therefore this part

(b) that already-existing financing agreements may be
maintained, for a maximum period of 10 years. This
can be accepted in principle, provided that it is stated
that the review takes into account also competition
aspects;

(c)

that responsibility for historical waste is to be shared
according to market share at time of arising of cost.
This can be accepted provided the word (cid:145)collectively(cid:146) is
deleted;

(d) that for a maximum period of 10 years, producers are
allowed to use (cid:145)visible fees(cid:146) to inform users of costs of
collection and treatment. This is not necessary in order

Ams. 21, 56, 58 and 85 deal with the reporting
requirements and propose changes which are not very
significant. They can all be accepted in principle. The
Commission suggests the following wording changes in
the respective amendments: On am. 21:
(cid:145)Information
about the numbers and weight of items of electrical and
electronic
in the
equipment put on the market
Community and the rates of collection, recovery, reuse
(including as far as feasible reuse of whole appliances)
and recycling and export of WEEE is necessary to
this
monitor
Directive.(cid:146)

the achievement of

the objectives of

shall provide

(cid:145)Member States

to the
On am. 56:
Commission information on an annual basis on the
quantities and categories of electrical and electronic
equipment put on the market, collected through all
facilities,
routes, reused, handed over to the treatment
recycled and recovered, within the Member States, as
well as on the quantities exported, and information on
the technical standard of
the recycling, recovery and
treatment routes and data on the charges for disposal
and the costs of collection and recovery.(cid:146)

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The Commission can accept am. 58 and am. 85 but it
suggests not
to include the last sentence of am. 85
referring to internet.

As regards other provisions, the Commission can accept
am. 2 reworded as follows: (cid:145)The guiding principle behind
the Directive is
responsibility,
which leads to the internalisation of external costs.(cid:146)

the extended producer

should encourage

Am. 6 on recital 11 deals with the design of new EEE and
can be accepted in principle but reworded as follows: (cid:145)It is
necessary to draw up as quickly as possible, provisions
concerning the design and manufacture of electrical and
electronic equipment
to minimise their impact on the
environment during their life cycle. The new approach
to technical regulations and standards should be taken
into account. Member States
the
and electronic
design and production of
equipment which take into full account and facilitates
their
reuse,
disassembly and recycling(cid:146). This redrafting is necessary
since the reference to provisions to be adopted by the
Commission,
the
amendment, is not acceptable from an institutional point
of view. Secondly, the Commission, while accepting the
thrust of the amendment, maintains that a mentioning of
the new approach is to be kept in the text, and therefore
merged the text of the original proposal with the text of
the amendment.

repair, possibility of

laid down in the

being upgraded,

first part of

electrical

Am. 62 sets the transposition deadline of the Directive
within 18 months after its entry into force (Commission
proposed 30.6.2004). This can be accepted in principle
subject to possible review at the time of adoption of the
Directive.

As regards Annex II,
in
principle ams. 86, 99, 70, 77, 98 but suggest to reword
certain additions as follows:

the Commission can accept

(cid:151) (cid:145)electrolyte

hazardous
containing
capacitors
substances(cid:146). The Commission suggests
to add the
reference to hazardous substances since only these
types of electrolyte capacitors should be removed
from the equipment during the treatment operations;

(cid:151) (cid:145)plastics containing flame retardants(cid:146). The Commission
considers that this wording is clearer and covers the
same scope than the Parliament amendment;

(cid:151) (cid:145)PCB-containing

in

capacitors

accordance with
Directive 96/59/EC on the disposal of PCBs and
PCTs(cid:146). The Commission considers that it is necessary
to mention the PCB Directive in order to ensure that
the treatment operations are carried out in compliance
with this Directive.

However,
additional

the Commission cannot accept
indents of

the following
the abovementioned amendment:

(cid:145)lead(cid:146), (cid:145)cadmium(cid:146), (cid:145)hexavalent chromium(cid:146). The Commission
considers that
it would not be feasible in practice to
remove all components containing these substances. It is
suggested to give in this annex more detailed information
on the types of material and equipment to be removed.

As regards am. 71, the Commission can only accept the
last part referring to treatment according to Regulation
(EC) No 2037/2000. The Commission considers that it
is clearer and more useful
in practice to mention the
names of the gases to be removed instead of a generic
description of the gases through certain of their effects
(ozone depleting or global warming potential).

As regards Annex III, the Commission can accept am. 100
subject to the following changes, which on the one hand
align the text of the present Directive with the text of
Directive 2000/53/EC on end of life vehicles (treatment
installation will in many cases treat both ELVs and WEEE)
and on the other hand takes into consideration some
specificities of electrical and electronic waste, such as the
risk of explosions:

(cid:151) Point 1, first indent: (cid:145)Impermeable surfaces for appro-
priate areas with the provision of spillage collection
and
facilities
cleanser-degreasers(cid:146).

appropriate, decanters

and, where

(cid:151) Point 1, second indent:

(cid:145)Weatherproof covering for

appropriate areas(cid:146).

(cid:151) Point 1, new indent:

(cid:145)Appropriate equipment for the
treatment of water, including rain water, in compliance
with health and environmental regulation(cid:146).

(cid:151) Point 2,

fourth indent:

(cid:145)Appropriate containers for
storage of batteries, PCB/PCT containing condensers
and other hazardous waste such as radioactive or
explosive waste(cid:146).

(cid:151) Point 2, fifth indent: (cid:145)Equipment for the treatment of
water in compliance with health and environmental
regulations(cid:146).

3.3. Amendments not accepted by the Commission

Ams. 7 and 12 refer to protection of workers’ health in
relation to take-back and treatment. Since this does not
add any legal value to the Directive and it does not fit
with the scope of the Directive.

and of

(cid:145)finance
Am. 31 and am. 33 contain a definition of
financing(cid:146) which the
agreement(cid:146)
Commission does not
these
terms appear sufficiently clear even without a specific
definition.

find necessary given that

(cid:145)individual

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Am. 34 contains a definition of (cid:145)holder(cid:146). A general defi-
(cid:145)holder(cid:146) of waste exists already in the waste
nition of
framework Directive,
the amendment should therefore
not be accepted.

Am. 40 allows for a lower target to be achieved in case of
(cid:145)innovative(cid:146) products which generate other environmental
benefits. The Commission fears
this amendment
would leave too much room for diverging interpretation
and would make it difficult to monitor the achievement of
the objectives of the Directive.

that

terms,
Am. 1 on recital 8 refers to harmonisation of
scope, collection and objectives and cannot be accepted,
since the provisions of the Directive are (cid:145)minimum(cid:146).

Am. 5 adds a recital that calls for a revision of the battery
Directive in connection with this Directive and cannot be
accepted, since it does not fall under the scope of the
present Directive.

Am. 14 and am. 78 would conflict with the provisions of
the Shipment Regulation on Waste, insofar as they would
add extra-conditions for allowing waste to be shipped. The
Commission is contrary to having a specific shipment
regime for electrical and electronic waste.

Am. 72 and am. 99 (part on recycling) on the plastics
recycling is not
in line with the provisions requiring
quantified targets per type of equipment.

Am. 73 and am. 76 would weaken the provisions on
selective treatment as they would not allow to perform
the operations required under Annex II.

The Commission cannot accept am. 82 since it has
accepted am. 15, which provides a clearer text than am.
82.

Am. 68, introducing technical changes relating to some of
the entries in Annex I, point 1, cannot be accepted since it
would entail an inconsistency with the other points of
Annex I.

Am. 87 introduces limits to the reuse of whole appliances
which would be difficult to implement and to interpret. In
particular,
it would be difficult in practice to establish
when new products on the market have a clear global
in
resources
environmental
consumption,
better performing
the use of
equipment will have to be weighted against the generation
of more waste.

advantage

terms

since

or

Am. 90 and am. 94 provide for the set up of a network of
reuse installations which would be difficult to implement,
since reuse of equipment is not a disposal operation and
does not necessarily depend on the availability of instal-
lations.

The Commission cannot accept am. 93 since it has
accepted am. 45, which makes it superflouous.

The Commission does not consider necessary am. 96 on
indicators of recyclability potentials and considers that the
choice on how to provide information should be left to
the Member States.

3.4. Amended proposal

Having regard to Article 250, paragraph 2, of the EC
as
Treaty,
indicated above.

the Commission modifies

its proposals