Common Position (EC) No 20/2002 of 4 December 2001 adopted by the Council, acting in accordance with the procedure referred to in Article 251 of the Treaty establishing the European Community, with a view to adopting a Directive of the European Parliament and of the Council on waste electrical and electronic equipment
Date: 2001-12-04
Institutions: Council of the European Union
Subjects: approximation of laws, consumer information, electrical equipment, electronic equipment, environmental protection, waste management, waste recycling

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I

(Information)

COUNCIL

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 prin-
ciples
that
that preventive action should be taken,
environmental damage should as a priority be rectified
at source and that the polluter should pay.

(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).

of

sustainable

development

(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
for
significant changes in current patterns of development,
production, consumption and behaviour and advocates,
the reduction of wasteful consumption of
inter alia,
It
natural
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.

resources and the prevention of pollution.

and electronic

electrical

calls

(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,
its
material or energy.

recovered for

should be

reused or

it

resources,

in particular by reuse,

(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
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
technological
progress
is made and life-cycle analyses are further
should be
developed,
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
the priority
appropriate follow-up to the projects of
waste streams programme, including WEEE.

and material

that until

scientific

recovery

reuse

and

but

(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 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.

(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.

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(6) Council Directive 75/442/EEC of 15 July 1975 on
waste (1) provides
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.

specific

rules

that

(7) The amount of WEEE generated in the Community is
growing rapidly. The content of hazardous components
is a major
in electrical and electronic equipment (EEE)
concern during the waste management phase
and
recycling of WEEE is not undertaken to a sufficient extent.

the producer

(8) The objective of improving the management of WEEE
cannot be achieved effectively by Member States acting
individually. In particular, different national applications
responsibility principle may lead to
of
substantial
burden on
financial
in the
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.

disparities

distance

electronic

irrespective of
and

(9) The provisions of this Directive should apply to products
the selling technique,
and producers
including
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
to avoid other
enforced in the same way in order
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.

selling.

(10) This Directive should cover all electrical and electronic
equipment used by consumers and electrical and elec-
tronic 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
as
actors
specific
in contact with WEEE as well
Community waste management legislation,
in particular
Council Directive 91/157/EEC of 18 March 1991 on
batteries and accumulators containing certain dangerous
substances (2).

(11) By establishing producer

responsibility this Directive
encourages the design and production of electrical and
electronic equipment which take into full account and
facilitates
reuse,
repair,
their
disassembly and recycling.

upgrading,

possible

(1) 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).
(2) 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).

(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
such
restrict
collection systems, which could include,
for example,
contributions from distributors and/or producers.

financing available for

the sources of

(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
collection
schemes.

to set up efficient

strive

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. Any establishment or undertakings carrying
out recycling and treatment operations should comply
with minimum standards to prevent negative environ-
mental impacts associated with the treatment of WEEE.
State-of-the art treatment and recovery and recycling tech-
nology should be used provided it ensures human health
and high environmental protection.

the environment of

(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 responsi-
bility individually, provided that they contribute to the
the management of waste from products
financing of
put on the market before the entry into force of the
financing obligation introduced by this Directive and
waste
are no longer
present on the market or which can no longer be
identified at the time when the costs occur.

coming from producers

that

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(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
through a
could include,
visible fee, provided it
is compatible with internal
market and competition rules.

for example, contributions

(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
recovery/recycling, of WEEE.

and in particular

treatment

the

items of

(20) Information about the weight and, if this is not possible,
and electronic
on numbers of
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.

electrical

(21) Member

choose

States may

certain
this Directive by means of agreements
provisions of
between the competent authorities and the economic
sectors concerned provided that particular requirements
are met.

to implement

(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
for materials and components of
selective treatment
WEEE,
and
the
treatment of WEEE and the symbol for the marking of
EEE should be effected by the Commission under a
committee procedure.

requirements

technical

storage

for

Decision 1999/468/EC of 28 June 1999 laying down the
procedures
implementing powers
the exercise of
conferred on the Commission (1),

for

HAVE ADOPTED THIS DIRECTIVE:

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 operators involved in the life cycle of electrical and
electronic
and
consumers and in particular those operators directly involved
in the treatment of waste electrical and electronic equipment.

distributors

equipment,

producers,

e.g.

Article 2

Scope

1.
This Directive shall apply to electrical and electronic
equipment falling under the categories set out in Annex IA
the equipment concerned is not part of
provided that
another type of equipment
fall within the
scope of this Directive. Annex IB contains a list of products
which fall under the categories set out in Annex IA.

that does not

This Directive

2.
to
Community legislation on safety and health requirements and
specific Community waste management legislation.

apply without

prejudice

shall

Equipment which is connected with the protection of the
3.
the security of Member States, arms,
interests of
essential
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 manu-
facturers 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.

(23) The measures necessary for the implementation of this
Directive should be adopted in accordance with Council

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

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Article 3

Definitions

Parliament and of the Council of 20 May 1997 on the
protection of consumers in respect of distance contracts (1):

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
and
for
exceeding
1 500 volts for direct current;

1 000 volts

alternating

current

(b) waste electrical and electronic equipment or WEEE means elec-
trical 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;

(a) manufactures

and
equipment under his own brand,

sells

electrical

and

electronic

(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
is similar to that from private households;
and quantity,

(l) dangerous substance or preparation means any substance or
preparation which has to be considered dangerous under
Council Directive 67/548/EEC (2) or Directive 1999/45/EC
of the European Parliament and of the Council (3).

Article 4

Separate collection

For WEEE from private households, Member States shall
this

1.
ensure that 30 months after the entry into force of
Directive:

(a) systems are set up allowing final holders and distributors to
return such waste at least free of charge. Member States
the
shall
necessary collection facilities,
in
particular the population density;

the availability and accessibility of
taking into account

ensure

(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.
alternative
Distributors may
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.

do so by means

of

(i) producer means any person who, irrespective of the selling
technique used, including by means of distance communi-
the European
cation according to Directive 97/7/EC of

(1) OJ L 144, 4.6.1997, p. 19.
(2) OJ 196, 16.8.1967, p. 1. Directive as amended by Commission

Directive 2001/59/EC (OJ L 225, 21.8.2001, p. 1).

(3) 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).

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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 auth-
orised 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
those
reuse
components or whole appliances capable of being reused or
recycled.

and recycling of

the entry into force of

4. Within 36 months of
Directive Member States
minimum rate of separate collection of
average per
households.

this
a
to achieve
four kilograms on
inhabitant per year of WEEE from private

endeavour

shall

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,
set up
in accordance with Community legislation,
systems to provide for the treatment of WEEE. To ensure

the
compliance with Article 4 of Directive 75/442/EEC,
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
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.

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
stores and
undertaking carrying out
treats WEEE in compliance with the technical requirements
set out in Annex III.

treatment operations

4. Member States shall ensure that the permit or the regis-
tration 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 Regu-
lation (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 (1).

(1) 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).

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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.

— component, material and substance reuse and recycling
shall be increased to a minimum of 50 % by an average
weight per appliance;

6. Member States shall encourage establishments or under-
takings 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
eco-
management and audit scheme (EMAS) (1).

a Community

organisations

by

in

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

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

(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 calcu-
lating these targets, producers or third parties acting on behalf
their
of producers keep records on the mass of WEEE,
components, materials or substances when entering (input)
and leaving (output)
facility and/or when
the treatment
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 moni-
toring compliance,
including specifications for materials, of
Member States with the targets set out in paragraph 2. The
Commission shall submit
later than 18
months after the date of entry into force of this Directive.

this measure not

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.

The

financing referred to in paragraph 1 of

the
2.
management of WEEE shall be provided by means of collective
and/or individual systems in accordance with Community legis-
lation. There shall be no unjustified differentiation between
producers who opt for collective systems and those who opt
for individual systems.

The responsibility for the financing of the costs of the
3.
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.

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The management of WEEE coming from producers that
4.
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 elec-
trical or electronic equipment by means of distance communi-
cation 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.

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 elec-
tronic 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.

Article 8

Financing in respect of WEEE from users other than
private households

the financing of

this Directive,
treatment,

Member States shall ensure that, 30 months after the entry into
force of
the costs for the
collection,
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.

than private households may,
Producers and users other
without prejudice to this Directive, conclude agreements stipu-
lating 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.

the
4. Member States may require that some or all of
information referred to in paragraphs 1 to 3 shall be
provided by producers
in the
instructions for use or at the point of sale.

and/or distributors,

e.g.

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
the location of
dangerous substances and preparations in EEE.

this Directive, as well as

Article 11

Information and reporting

States

shall provide

to the Commission
1. Member
information,
including substantiated estimates, on an annual
basis on the quantities and categories of electrical and elec-
tronic 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).

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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
laid down in Article 6 of Council Directive
procedure
91/692/EEC of 23 December 1991 standardising
and
rationalising reports on the rationalisation of certain Directives
relating to the environment (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 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
and technical
progress shall be adopted in accordance with the procedure
referred to in Article 13(2).

III and IV to scientific

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

The Commission shall be assisted by the Committee set

1.
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.

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
regulations and administrative provisions
adopted in the field covered by this Directive.

laws,

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 corre-

sponding 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;

The period laid down in Article 5(6) of Decision 1999/468/EC
shall be set at three months.

(f)

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

in case of non-compliance with the agreement Member
this
States must
Directive by
administrative
measures.

the relevant provisions of

regulatory or

implement

legislative,

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4. (a) Greece and Ireland which, due to their overall:

— recycling infrastructure deficit,

— geographical circumstances such as the large number
rural and
islands and the presence of

of small
mountain areas,

— low population density, and

— low level of EEE consumption,

the

to reach either

collection target
are unable
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 (1), 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.

the Commission shall

the entry into force of
submit a report

this
5. Within five years after
Directive,
to the
European Parliament and the Council based on the experience
of the application of this Directive in particular on separate
systems.
collection,
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.

treatment,

financing

recovery

and

Article 16

Entry into force

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

Article 17

Addressees

This Directive is addressed to the Member States.

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

Done at . . .

(b) The Commission shall inform other Member States and

the European Parliament of these decisions.

For the European Parliament

The President

For the Council

The President

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

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CATEGORIES OF ELECTRICAL AND ELECTRONIC EQUIPMENT COVERED BY THIS DIRECTIVE

ANNEX IA

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

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

ANNEX IB

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

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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

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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

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SELECTIVE TREATMENT FOR MATERIALS AND COMPONENTS OF WASTE ELECTRICAL AND ELEC-
TRONIC 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:

— 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.

(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.

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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 (1). 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 244, 29.9.2000, p. 1.

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TECHNICAL REQUIREMENTS IN ACCORDANCE WITH ARTICLE 5(3)

ANNEX III

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 appro-

priate, 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.

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SYMBOL FOR THE MARKING OF ELECTRICAL AND ELECTRONIC EQUIPMENT

ANNEX IV

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).

(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.

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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;

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— 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;

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— 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' responsi-

bility,

— 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;

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— 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.