WRITTEN QUESTION E-2666/03 by Jean Lambert (Verts/ALE) to the Commission. Recycling print catridges.
Date: 2003-09-10
Institutions: European Parliament, Provisional data
Subjects: application of EU law, computer equipment, consumer goods, printer, waste recycling

27.3.2004

EN

Official Journal of the European Union

C 78 E/413

(2004/C 78 E/0434)

WRITTEN QUESTION E-2662/03

by Ian Hudghton (Verts/ALE) to the Commission

(10 September 2003)

Subject: Ozone-depleting substances

With reference to your answer dated 22 March 2002 to written question P-0595/02 (1), when only two
Member States had reported on the mechanisms they had in place for the recovery and destruction of
ozone-depleting substances, and when the Commission committed itself to a comprehensive overview of
the situation throughout the EU, can the Commission now provide an update of the situation in each of
the Member States?

(1) OJ C 205 E, 29.8.2002, p. 168.

Answer given by Mrs Wallström on behalf of the Commission

(21 October 2003)

To date all Member States except Ireland have responded.

Most Member States have reported on the following: safety and quality standards for equipment that
contains ozone-depleting substances (ODS); inspection procedures for installations containing ODS, record
keeping and reporting requirements; ODS recovery methods; mobile and fixed ODS destruction
equipment; quantities of ODS recovered, recycled, reclaimed and destroyed during 1999, 2000 and
recycling,
2001;
reclamation and destruction and efforts undertaken to make the public and industry aware of
the
requirements of the Regulation that include articles in the news media, workshops and information on
official websites.

the minimum qualification standards for

involved in ODS recovery,

technicians

The Commission has undertaken evaluations and has, so far, identified four Member States that are not in
compliance with Article 16(5) (1) and 16(6) (2) of Regulation (EC) No 2037/2000 of the Parliament and of
the Council of 29 June 2000 on substances that deplete the ozone layer (3). Therefore, the Commission
took a decision on 9 July 2003 to take Ireland to the Court of Justice for not reporting. In addition, three
infringement procedures are under way against Greece, Spain and Portugal for insufficient reporting and
implementation of the Regulation. For detailed overview of the state of play on recovery and destruction a
table is sent direct to the Honourable Member and to Parliament’s Secretariat.

(1) Member States shall take steps to promote the recovery, recycling, reclamation and destruction of controlled
substances and shall assign to users, refrigeration technicians or other appropriate bodies responsibility for ensuring
compliance with the provisions of paragraph 1.

(2) Member States shall report to the Commission by 31 December 2001 on systems established to promote the
including the facilities available and the quantities of used controlled

recovery of used controlled substances,
substances, recovered, recycled, reclaimed or destroyed.

(3) OJ L 244, 29.9.2000.

(2004/C 78 E/0435)

WRITTEN QUESTION E-2666/03

by Jean Lambert (Verts/ALE) to the Commission

(10 September 2003)

Subject: Recycling print catridges

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

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27.3.2004

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

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

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

(cid:1) would the Commission deem Member State Government plans to exclude consumable goods used by

electric or electronic equipment from the Directive to be in breach of the WEEE Directive?

(cid:1) would cartridges fitted with smart chips be considered electrical or electronic in nature and therefore

fall under the WEEE Directive’s recycling requirements?

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

Answer given by Mrs Wallström on behalf of the Commission

(5 November 2003)

Directive 2002/96/EC (1)
equipment both before and after it becomes waste.

(the WEEE Directive)

includes

requirements

for electrical and electronic

is waste, electrical and electronic equipment

Before it
(EEE) has to comply with the Directive’s
requirements for product design, information and reporting (2). Waste electrical and electronic equipment
(WEEE) is subject to the Directive’s requirements on separate collection, treatment, recovery, reuse and
recycling as well as its financing- and information provisions (3).

Article 3(a) of the WEEE Directive defines EEE as ‘equipment which is dependent on electric currents or
electronic-magnetic fields in order to work properly and equipment for the generation, transfer and
measurement of such currents and files falling under the categories set out in Annex IA and designed for
use with a voltage rating not exceeding 1 000 Volt for alternating current and 1 500 Volt for direct
current.’ The Directive defines WEEE as ‘electrical or electronic equipment which is waste within the
meaning of Article 1(a) of Directive 75/442 (4), including all components, subassemblies and consumables
which are part of the product at the time of discarding’.

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

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

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Official Journal of the European Union

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

encourage the design and production of electrical and electronic equipment which take into account
and facilitate dismantling and recovery,
their
components and materials. In this context, Member States shall take appropriate measures so that
producers do not prevent, through specific design features or manufacturing processes, WEEE from
being reused, unless such specific design features or manufacturing processes present overriding
advantages, for example, with regard to the protection of the environment and/or safety requirements.

in particular the reuse and recycling of WEEE,

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

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

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

13.2.2003.

(2) Articles 4 and 12.
(3) Articles 5-11.
(4) Council Directive 75/442/EEC of 15 July 1975 on waste, OJ L 194, 25.7.1975.

(2004/C 78 E/0436)

WRITTEN QUESTION E-2670/03

by Giovanni Pittella (PSE) to the Commission

(10 September 2003)

Subject: Ban on simultaneous enrolment at several institutes of higher education

The quality of education throughout the European Union is a priority for all the Member States. To become
‘the most competitive and dynamic knowledge-based economy in the world capable of sustainable
economic growth with more and better jobs and greater social cohesion’ is the European Union’s new
strategic goal announced at the European Council meeting in Lisbon.

In Italy, Article 142 of the unified text of Royal Decree No 1592 of 31 August 1933 bans simultaneous
enrolment at more than one university,
in the same
university or institute or for more than one degree or diploma course in the same faculty or school.

institute of higher education, faculty or school

Can the Commission express its views on this ban on simultaneous enrolment for several university
courses laid down by Italian law?

Answer given by Ms Reding on behalf of the Commission

(10 October 2003)

The matter of the ban on simultaneous enrolment at several higher education institutions raised by the
Honourable Member concerns the organisation of education systems and, as such, under Article 149 (1) of
the EC Treaty, falls within the competence of the Member States and not of the Community.