2004/312/EC: Council Decision of 30 March 2004 granting the Czech Republic, Estonia, Hungary, Latvia, Lithuania, Slovakia and Slovenia certain temporary derogations from Directive 2002/96/EC on waste electrical and electronic equipment
Date: 2004-03-30
Institutions: Council of the European Union
Subjects: Baltic States, Central and Eastern Europe, derogation from EU law, electrical equipment, electronic equipment, waste disposal, waste recycling

6.4.2004

EN

Official Journal of the European Union

L 100/33

II

(Acts whose publication is not obligatory)

COUNCIL

COUNCIL DECISION

of 30 March 2004

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

THE COUNCIL OF THE EUROPEAN UNION,

(2)

(2004/312/EC)

Having regard to the Treaty concerning the accession of the
the Republic of
the Republic of Estonia,
Czech Republic,
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,

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
these targets by 31
to ensure that producers meet
December 2006.

the Czech Republic,

the Republic of Estonia,

Having regard to the Act concerning the conditions of acces-
sion of
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 ‘2003 Act of Acces-
sion’, 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 Commission,

Whereas:

(1)

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) (1), Member States are to
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.

(3)

In accordance with Article 17(1) of Directive 2002/96/
EC, Member States are to bring into force the laws, regu-
lations
and administrative provisions necessary to
comply with that Directive by 13 August 2004.
However, Article 17(4)(a) of Directive 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 popu-
lation 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) of Directive 2002/96/EC or the recovery
targets mentioned in Article 7(2) thereof 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 (2), 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.

(1) OJ L 37, 13.2.2003, p. 24. Directive as amended by Directive

2003/108/EC (OJ L 345, 31.12.2003, p. 106).

(2) 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).

L 100/34

EN

Official Journal of the European Union

6.4.2004

(4)

(5)

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

such as

Those reasons justify an extension of the abovemen-
tioned 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:

Slovenia may extend the time limits referred to in the first sub-
paragraph 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.

Article 1

Done at Brussels, 30 March 2004.

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

For the Council

The President

M. McDOWELL