Proposal for a Council Decision granting the Czech Republic, Estonia, Hungary, Latvia, Lithuania, Slovenia and Slovakia certain temporary derogations from Directive 2002/96/EC on waste electrical and electronic equipment
Date: 2004-02-09
Institutions: European Commission
Subjects: Central and Eastern Europe, accession to the European Union, derogation from EU law, electrical equipment, electronic equipment, waste management, waste recycling

COMMISSION OF THE EUROPEAN COMMUNITIES 

Brussels, 9.2.2004 
COM(2004) 81 final 

Proposal for a 

COUNCIL DECISION 

granting the Czech Republic, Estonia, Hungary, Latvia, Lithuania, Slovenia and 
Slovakia certain temporary derogations from Directive 2002/96/EC on waste electrical 
and electronic equipment 

(presented by the Commission) 

EN 

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EXPLANATORY MEMORANDUM 

The Treaty concerning the accession of the Czech Republic, the Republic of Estonia, 
the  Republic  of  Cyprus,  the  Republic  of  Latvia,  the  Republic  of  Lithuania,  the 
Republic of Hungary, the Republic of Malta, the Republic of Poland, the Republic of 
Slovenia and the Slovak Republic to the European Union (the “Treaty of Accession”) 
was  signed  in  Athens  on  16  April  2003.  Signed  at  the  same  date  and  published 
together  with  the  Treaty  of  Accession  was  the  Act  concerning  the  conditions  of 
accession  of  the  Czech Republic,  the  Republic  of  Estonia,  the  Republic  of  Cyprus, 
the  Republic  of  Latvia,  the  Republic  of  Lithuania,  the  Republic  of  Hungary,  the 
Republic of Malta, the Republic of Poland, the Republic of Slovenia and the Slovak 
Republic  and  the  adjustments  to  the  Treaties  on  which  the  European  Union  is 
founded (the “Act of Accession”). Article 55 of the Act of Accession provides that, 
at  the  duly  substantiated  request  of  one  of  the  new  Member  States,  the  Council, 
acting unanimously on a proposal  from  the Commission, may,  before  1  May 2004, 
take  measures  consisting  of  temporary  derogations  from  acts  of  the  institutions 
adopted  between  1  November  2002  and  the  date  of  the  signature  of  the  Treaty  of 
Accession.  

Directive  2002/96/EC  of  the  European  Parliament  and  of  the  Council  on  waste 
electrical and electronic equipment (hereinafter referred to as the “WEEE Directive”) 
was  adopted  on  27  January  2003.  According  to  its  Article  1,  the  purpose  of  the 
WEEE  Directive  is,  as  a  first  priority,  the  prevention  of  waste  electrical  and 
electronic  equipment,  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 equipment, e.g. producers, distributors and consumers and in 
particular  those  operators  directly  involved  in  the  treatment  of  waste  electrical  and 
electronic equipment.  

For  waste  electrical  and  electronic  equipment  from  private  households,  Member 
States shall set up collection facilities in accordance with Article 5(2) of the WEEE 
Directive. 

According to the first subparagraph of Article 5(5) of the WEEE Directive, Member 
States  shall  ensure  that  by  31  December  2006  at  the  latest  a  rate  of  separate 
collection  of  at  least  four  kilograms  on  average  per  inhabitant  per  year  of  waste 
electrical and electronic equipment from private households is achieved. 

Article  7(2)  of  the  WEEE  Directive  lays  down  certain  minimum  targets  for  the 
recovery of waste electrical and electronic equipment, which the Member States have 
to ensure that producers meet by 31 December 2006. These targets vary from 70% to 
80%  by  an  average  weight  per  appliance,  depending  on  the  category  of  waste 
electrical  and  electronic  equipment.  Furthermore,  Article  7(2)  of  the  WEEE 
Directive lays down certain minimum targets for component, material and substance 
reuse and recycling. These targets vary from 50% to 80% by an average weight per 
appliance, depending on the category of waste electrical and electronic equipment. 

In accordance with Article 17(1) of the WEEE Directive, Member States shall bring 
into  force  the  laws,  regulations  and  administrative  provisions  necessary  to  comply 
with  this  Directive  by  13  August  2004.  Article  17(4)(a)  provides  that  Greece  and 

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Ireland which, because of their overall: recycling infrastructure deficit, geographical 
circumstances such as the large number of small islands and the presence of rural and 
mountain  areas,  low  population  density,  and  low  level  of  consumption  of  electrical 
and electronic equipment, are unable to reach either the collection target mentioned 
in the first subparagraph of Article 5(5) or the recovery targets mentioned in Article 
7(2)  and  which,  under  the  third  subparagraph  of  Article  5(2)  of  Council  Directive 
1999/31/EC of 26 April 1999 on the landfill of waste, may apply for an extension of 
the deadline mentioned in that Article, may extend the periods referred to in Articles 
5(5) and 7(2) of the WEEE Directive by up to 24 months. 

Seven  Acceding  States,  namely  the  Czech  Republic,  the  Republic  of  Estonia,  the 
Republic of Hungary, the Republic of Latvia, the Republic of Lithuania, the Republic 
of Slovenia and the Slovak Republic have requested temporary derogations from the 
time limits laid down in the first subparagraph of Article 5(5) and Article 7(2) of the 
WEEE Directive, on the basis of Article 55 of the Act of Accession. The Republic of 
Slovenia  has  requested  12  months  extension,  the  Czech  Republic,  the  Slovak 
Republic  and  the  Republic  of  Hungary  24  months  extension  and  the  Republic  of 
Estonia, the Republic of Lithuania and the Republic of Latvia 36 months extension. 
The  reasons  provided  by  all  above-mentioned  Acceding  States  with  regard  to  their 
requests  for  extensions  refer  to  the  recycling  infrastructure  deficit,  low  population 
density and low level of consumption of electrical and electronic equipment. Most of 
them also refer to geographic circumstances, such as the presence of rural areas. 

The Republic of Estonia, the Republic of Lithuania and the Slovak Republic have, in 
addition  to  the  above-mentioned  requests,  submitted  requests  for  temporary 
derogations from the time-limit laid down in Article 5(2) of the WEEE Directive, on 
the  basis  of  Article  55  of  the  Act  of  Accession.  The  Republic  of  Estonia  and  the 
Republic of Lithuania have requested an extension until 13 August 2007. The Slovak 
Republic  has  requested  an  extension  until  31  December  2008.  The  Republic  of 
Lithuania  has  also  requested  a  temporary  derogation  of  12  months  from  the  time-
limit laid down in Article 17(1) of the WEEE Directive, based on the same provision 
of the Act of Accession. 

In light of the requests for temporary derogations submitted by the above-mentioned 
Acceding States under Article 55 of the Act of Accession, the Commission considers 
that  the  countries  concerned  are  unable  to  meet  the  requirements  of  the  first 
subparagraph of Article 5(5) and Article 7(2) of the WEEE Directive within the time 
limits laid down by the Directive due to the specific conditions referred to by those 
countries, namely the recycling infrastructure deficit, low population density and low 
level  of  consumption  of  electrical  and  electronic  equipment  and,  for  some  of  the 
countries,  geographic  circumstances,  such  as  the  presence  of  rural  areas.  The 
Commission finds that it is appropriate to enable the countries to extend those time-
limits by up to 24 months. The extension of 24 months also corresponds to the time-
limits  for  Greece  and  Ireland  in  relation  to  the  same  provisons  of  the  WEEE 
Directive, which has been granted those Member States under Article 17(4)(a) of that 
Directive.  The  Republic  of  Estonia,  the  Republic  of  Lithuania  and  the  Republic  of 
Latvia  have  asked  for  additional  extensions  by  in  total  36  months,  however,  the 
Commission  has  not  found  that  those  Acceding  States  have  invoked  reasons  which 
could justify such additional extensions. 

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With regard to the requests submitted for temporary derogations from Article 5(2) of 
the  WEEE  Directive,  the  Commission  does not find that the reasons invoked,  inter 

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alia, the absence or insufficiency of collection systems could justify any derogation 
in  this  regard.  The  Commission  neither  considers  that  any  derogation  would  be 
justified  from  the  transposition  deadline  laid  down  by  Article  17(1)  of  the  WEEE 
Directive  on  the  basis  of  the  reasons  invoked,  inter  alia,  internal  legislative 
procedures and consultation processes. 

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The Commission is proposing a Council Decision granting the Czech Republic, the 
Republic of Estonia, the Republic of Hungary, the Republic of Latvia, the Republic 
of  Lithuania,  the  Republic  of  Slovenia  and  the  Slovak  Republic  temporary 
derogations  as  laid  down  in  Article  55  of  the  Act  of  Accession  from  the  first 
subparagraph  of  Article  5(5)  and  Article  7(2)  of  Directive  2002/96/EC  on  waste 
electrical and electronic equipment. The periods referred to in the first subparagraph 
of Article 5(5) and Article 7(2) shall be extended by 24 months in case of the Czech 
Republic, the Republic of Estonia, the Republic of Hungary, the Republic of Latvia, 
the  Republic  of  Lithuania  and  the  Slovak  Republic;  by  12  months  in  case  of  the 
Republic of Slovenia. 

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Proposal for a 

COUNCIL DECISION 

granting the Czech Republic, Estonia, Hungary, Latvia, Lithuania, Slovenia and 
Slovakia certain temporary derogations from Directive 2002/96/EC on waste electrical 
and electronic equipment 

THE COUNCIL OF THE EUROPEAN UNION, 

Having regard to the Treaty concerning the accession of the Czech Republic, the Republic of 
Estonia,  the  Republic  of  Cyprus,  the  Republic  of  Latvia,  the  Republic  of  Lithuania,  the 
Republic of Hungary, the Republic of Malta, the Republic of Poland, the Republic of Slovenia 
and the Slovak Republic to the European Union and in particular Article 2(3) thereof, 

Having regard to the Act concerning the conditions of accession of the Czech Republic, the 
Republic  of  Estonia,  the  Republic  of  Cyprus,  the  Republic  of  Latvia,  the  Republic  of 
Lithuania,  the  Republic  of  Hungary,  the  Republic  of  Malta,  the  Republic  of  Poland,  the 
Republic of Slovenia and the Slovak Republic and the adjustments to the Treaties on which 
the  European  Union  is  founded,  hereinafter  ‘Act  of  Accession  of  2003’,  and  in  particular 
Article 55 thereof, 

Having  regard  to  the  requests  of  the  Czech  Republic,  Estonia,  Hungary,  Latvia,  Lithuania, 
Slovakia and Slovenia, 

Having regard to the proposal from the Commission1, 

Whereas: 

(1) 

(2) 

(3) 

According  to  the  first  subparagraph  of  Article  5(5)  of  Directive  2002/96/EC  of  the 
European  Parliament  and  of  the  Council  of  27  January  2003  on  waste  electrical  and 
electronic equipment (WEEE)2, Member States shall ensure that by 31 December 2006 
at  the  latest  a  rate  of  separate  collection  of  at  least  four  kilograms  on  average  per 
inhabitant  per  year  of  waste  electrical  and  electronic  equipment  from  private 
households is achieved. 

Article  7(2)  of  Directive  2002/96/EC  lays  down  certain  minimum  targets  for  the 
recovery of waste electrical and electronic equipment and for component, material and 
substance reuse and recycling. The Member States have to ensure that producers meet 
these targets by 31 December 2006.  

In accordance with Article 17(1) of Directive 2002/96/EC, Member States shall bring 
into  force  the  laws,  regulations  and  administrative  provisions  necessary  to  comply 
with  that  Directive  by  13  August  2004.  However,  Article  17(4)(a)  of  Directive 

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2 

OJ C , , p. . 
OJ L 37, 13.2.2003, p. 24. 

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2002/96/EC provides that Greece and Ireland which, because of their overall recycling 
infrastructure  deficit,  geographical  circumstances  such  as  the  large  number  of  small 
islands and the presence of rural and mountain areas, low population density, and low 
level of consumption of electrical and electronic equipment, are unable to reach either 
the collection target mentioned in the first subparagraph of Article 5(5) or the recovery 
targets mentioned in Article 7(2) of Directive 2002/96/EC and which, under the third 
subparagraph of Article 5(2) of Council Directive 1999/31/EC of 26 April 1999 on the 
landfill  of  waste3,  may  apply  for  an  extension  of  the  deadline  mentioned  in  that 
Article,  may  extend  the  periods  referred  to  in  Articles  5(5)  and  7(2)  of  Directive 
2002/96/EC by up to 24 months. 

(4) 

On  the  basis  of  Article  55  of  the  Act  of  Accession  of  2003  the  Czech  Republic, 
Estonia, Hungary, Latvia, Lithuania, Slovenia and Slovakia have requested temporary 
derogations  from  the  time-limits  laid  down  in  the  first  subparagraph  of  Article  5(5) 
and  Article  7(2)  of  Directive  2002/96/EC,  stating  as  their  reasons  their  recycling 
infrastructure  deficit,  low  population  density  and  low  level  of  consumption  of 
electrical  and  electronic  equipment  and  geographical  circumstances,  such  as  the 
presence of rural areas. 

(5) 

Those reasons justify an extension of the above mentioned time-limits for the Czech 
Republic,  Estonia,  Hungary,  Latvia,  Lithuania  and  Slovakia  by  24  months,  and  for 
Slovenia by 12 months, 

HAS ADOPTED THIS DECISION: 

Article 1 

The Czech Republic, Estonia, Hungary, Latvia, Lithuania and Slovakia may extend the time-
limits  referred  to  in  the  first  subparagraph  of  Article  5(5)  and  Article  7(2)  of  Directive 
2002/96/EC by 24 months. 

Slovenia may extend the time-limits referred to in the first subparagraph of Article 5(5) and 
Article 7(2) of Directive 2002/96/EC by 12 months. 

Article 2 

This  Decision  is  addressed  to  the  Member  States  and  the  Czech  Republic,  the  Republic  of 
Estonia,  the  Republic  of  Hungary,  the  Republic  of  Latvia,  the  Republic  of  Lithuania,  the 
Republic of Slovenia and the Slovak Republic. 

Done at Brussels,  

For the Council 
Le Président 

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OJ  L 182, 16.7.1999, p. 1. Directive  as  amended by  Regulation  (EC) No 1882/2003  of  the  European 
Parliament and of the Council (OJ L 284, 31.10.2003. p. 1). 

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