Proposal for a Directive of the European Parliament and of the Council Amending Directive 2002/96/EC on waste electrical and electronic equipment (WEEE), as regards the implementing powers conferred to the Commission
Date: 2006-12-22
Institutions: European Commission
Subjects: EU law, consumer information, electrical equipment, electronic equipment, exchange of information, financing, operation of the Institutions, waste disposal, waste management, waste recycling

COMMISSION OF THE EUROPEAN COMMUNITIES 

Brussels, 22.12.2006 
COM(2006) 914 final 

2006/0302 (COD) 

Proposal for a 

DIRECTIVE OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL 

Amending 
Directive 2002/96/EC 
on waste electrical and electronic equipment (WEEE), as regards the implementing 
powers conferred to the Commission 

(presented by the Commission) 

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2006/0302 (COD) 

Proposal for a 

DIRECTIVE OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL 

Amending 
Directive 2002/96/EC 
on waste electrical and electronic equipment (WEEE), as regards the implementing 
powers conferred to the Commission 

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION, 

Having regard to the Treaty establishing the European Community, and in particular Article 
175, paragraph 1 thereof, 

Having regard to the proposal from the Commission1, 

Having regard to the opinion of the European Economic and Social Committee2, 

Having regard to the opinion of the Committee of the Regions3, 

Acting in accordance with the procedure laid down in Article 251 of the Treaty4 

Whereas: 

(1) 

(2) 

Directive  2002/96/EC  of  the  European  Parliament  and  of  the  Council5  provides  that 
certain measures are to be adopted in accordance with Council Decision 1999/468/EC 
of 28 June 1999 laying down the procedures for the exercise of implementing powers 
conferred on the Commission6. 

Decision 1999/468/EC has been amended by Decision 2006/512/EC, which introduced 
a  regulatory  procedure  with  scrutiny  to  be  used  for  the  adoption  of  implementing 
measures  of  general  scope  which  seek  to  amend  non-essential  elements  of  a  basic 
instrument adopted in accordance with the procedure referred to in Article 251 of the 
Treaty,  including  by  deleting  some  of  those  elements  or  by  supplementing  the 
instrument by the addition of new non-essential elements. 

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2 
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5 
6 

OJ C […], […], p. […]. 
OJ C […], […], p. […]. 
OJ C […], […], p. […]. 
… 
OJ L 37, 13.2.2003, p. 24–39 
OJ L 184, 17.7.1999, p. 23. Decision as amended by Decision 2006/512/EC (OJ L 200, 22.7.2006, p. 
11). 

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(3) 

(4) 

In accordance with the joint statement of the European Parliament, the Council and the 
Commission7 on Decision 2006/512/EC, instruments which are already in force must 
be  adjusted  in  accordance  with  the  applicable  procedures.  That  statement  indicates  a 
list of instruments that should be adjusted as a matter of urgency, including Directive 
2002/96/EC. 

In particular power should be conferred on the Commission to adapt Annexes and to 
adopt rules for monitoring compliance. Since those measures are of general scope and 
are  designed  to  amend  non-essential  elements  of  Directive  2002/96/EC  and  to 
supplement it by the addition of new non-essential elements, they should be adopted in 
accordance with the regulatory procedure with scrutiny provided for in Article 5a of 
Decision 1999/468/EC. 

(5) 

Directive 2002/96/EC should therefore be amended accordingly. 

(6) 

Since  the  amendments  to  be  made  to  Directive  2002/96/EC  are  adjustments  of  a 
technical nature which only concern the committee procedures, they do not need to be 
transposed by the Member States. It is therefore not necessary to lay down provisions 
to that effect. 

HAVE ADOPTED THIS DIRECTIVE: 

Directive 2002/96/EC is amended as follows: 

Article 1 

(1) In Article 6 (1), the second subparagraph is replaced by the following: 

Annex  II  may  be  amended  in  order  to  introduce  other  treatment  technologies 
ensuring at least the same level of protection for human health and the environment. 
Those measures, designed to amend non-essential elements of this Directive, shall be 
adopted  in  accordance  with  the  regulatory  procedure  with  scrutiny  referred  to  in 
Article 14(3).  

(2) In Article 7 (3), the second subparagraph is replaced by the following: 

"The  Commission  shall  establish  the  detailed  rules  for  monitoring  compliance, 
including  specifications  for  materials,  of  Member  States  with  the  targets  set  out  in 
paragraph  2.  That  measure,  designed  to  amend  non-essential  elements  of  this 
Directive  by  supplementing  it,  shall  be  adopted  in  accordance  with  the  regulatory 
procedure  with  scrutiny  referred  to  in  Article  14(3).  The  Commission  shall  submit 
that measure by 13 August 2004." 

7 

OJ C 255, 21.10.2006, p.1  

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(3) Article 13 is replaced by the following:  

"Article 13 

Adaptation to scientific and technical progress 

The Commission may adopt any amendments which are necessary in order to adapt 
Article  7(3),  Annex  IB,  in  particular  with  a  view  to  possibly  adding  luminaries  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, and Annexes III and IV to scientific and technical progress. Those measures, 
designed  to  amend  non-essential  elements  of  this  Directive,  shall  be  adopted  in 
accordance with the regulatory procedure with scrutiny referred to in Article 14(3). 

Before the Annexes are amended the Commission shall inter alia consult producers 
treatment  operators  and 
of  electrical  and  electronic  equipment,  recyclers, 
environmental organisations and employees' and consumer associations." 

(4) In Article 14, paragraph 3 is replaced by the following: 

"Where  reference  is  made  to  this  paragraph,  Article  5a(1)  to  (4)  and  (5)(a),  and 
Article  7  of  Decision  1999/468/EC  shall  apply,  having  regard  to  the  provisions  of 
Article 8 thereof." 

(5) In Annex II, point 4 is replaced by the following: 

"4. Within the procedure referred to in Article 14(3), 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." 

This  Directive  shall  enter  into  force  on  the  [..]  day  following  that  of  its  publication  in  the 
Official Journal of the European Union. 

Article 2 

Article 3 

This Directive is addressed to the Member States. 

Done at Brussels, […]  

For the European Parliament 
The President 

For the Council 
The President 

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