Directive 2003/108/EC of the European Parliament and of the Council of 8 December 2003 amending Directive 2002/96/EC on waste electrical and electronic equipment (WEEE)
Date: 2003-12-08
Institutions: Council of the European Union, European Parliament
Subjects: electrical equipment, electronic waste, financing, waste management

L 345/106

EN

Official Journal of the European Union

31.12.2003

DIRECTIVE 2003/108/EC OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL

amending Directive 2002/96/EC on waste electrical and electronic equipment (WEEE)

of 8 December 2003

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EURO-
PEAN UNION,

Having regard to the Treaty establishing the European Com-
munity, and in particular Article 175(1) thereof,

(5)

Having regard to the proposal from the Commission,

Having regard to the opinion of the European Economic and
Social Committee (1),

After consultation of the Committee of the Regions,

Acting in accordance with the procedure laid down in Article
251 of the Treaty (2),

Whereas:

(1)

(2)

(3)

(4)

the European Parliament and of

During the adoption procedure concerning Directive
2002/96/EC of
the
Council of 27 January 2003 on waste electrical and elec-
tronic equipment (WEEE) (3) concerns were raised about
implications of the wording of
the possible financial
Article 9 of that Directive for producers of the equip-
ment concerned.

At the meeting of the Conciliation Committee of 10
October 2002 on that Directive the European Parlia-
ment, Council and Commission expressed their intention
in a Joint Declaration to examine the issues relating to
Article 9 of Directive 2002/96/EC, concerning financing
in respect of WEEE from users other than private house-
holds, at the earliest opportunity.

In accordance with the Joint Declaration, the Commis-
sion has examined the financial implications for produ-
cers following from the actual wording of Article 9 of
Directive 2002/96/EC, and has found that the take-back
obligation for WEEE put on the market in the past
creates a retroactive liability for which no provision was
made and which is likely to expose certain producers to
serious economic risks.

In order to prevent such risks, the financial responsibility
for the collection, treatment, re-use, recovery and recy-
cling of WEEE from users other than private households
put on the market before 13 August 2005 should be
borne by producers when supplying new products repla-
cing products of equivalent type or fulfilling the same
functions. Where such waste is not replaced by new

(1) OJ C 234, 30.9.2003, p. 91.
(2) Opinion of the European Parliament of 21 October 2003 (not yet
Journal) and Council decision of 19

published in the Official
November 2003.

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

products, the responsibility should be borne by those
users. Member States, producers and users should have
the possibility to make alternative arrangements.

Pursuant to Article 17 of Directive 2002/96/EC, Member
States are to bring into force the laws, regulations and
administrative provisions necessary to comply with that
Directive by 13 August 2004. In order to avoid having
to amend Member States'
legislation adopted by that
date,
this Directive should be adopted as soon as
possible and implemented in Member States' legislation
at the same time as Directive 2002/96/EC.

(6)

Directive 2002/96/EC should be amended accordingly,

HAVE ADOPTED THIS DIRECTIVE:

Article 1

Article 9 of Directive 2002/96/EC shall be replaced by the
following:

‘Article 9

Financing in respect of WEEE from users other than
private households

1. Member States shall ensure that, by 13 August 2005,
the financing of the costs for the collection, treatment,
recovery and environmentally sound disposal of WEEE
from users other than private households from products
put on the market after 13 August 2005 is to be provided
for by producers.

Member States shall ensure that, by 13 August 2005, for
WEEE from products put on the market before 13 August
2005 (historical waste),
the costs of
management is as set out in the third and fourth sub-
paragraphs.

the financing of

For historical waste being replaced by new equivalent
products or by new products fulfilling the same function,
the financing of the costs shall be provided for by produ-
cers of
those products when supplying them. Member
States may, as an alternative, provide that users other than
private households also be made, partly or totally, respon-
sible for this financing.

For other historical waste, the financing of the costs shall
be provided for by the users other than private households.

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Official Journal of the European Union

L 345/107

Producers and users other than private households
2.
may, without prejudice to this Directive, conclude agree-
ments stipulating other financing methods.’

Article 3

This Directive shall enter into force on the day of its publica-
tion in the Official Journal of the European Union.

Article 2

Member States shall bring into force the laws, regulations and
administrative provisions necessary to comply with this Direc-
forthwith inform the
tive by 13 August 2004. They shall
Commission thereof.

This Directive is addressed to the Member States.

Article 4

Done at Brussels, 8 December 2003.

When Member States adopt those measures, they shall contain
a reference to this Directive or be accompanied by such a refer-
ence on the occasion of their official publication. The methods
of making such reference shall be laid down by Member States.

For the European Parliament

For the Council

The President

P. COX

The President

F. FRATTINI