Directive 2008/34/EC of the European Parliament and of the Council of 11 March 2008 amending Directive 2002/96/EC on waste electrical and electronic equipment (WEEE), as regards the implementing powers conferred on the Commission
Date: 2008-03-11
Institutions: Council of the European Union, European Parliament
Subjects: European Commission, consumer information, electrical equipment, electronic equipment, exchange of information, financing, powers of the institutions (EU), waste disposal, waste management, waste recycling

20.3.2008

EN

Official Journal of the European Union

L 81/65

DIRECTIVE 2008/34/EC OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL

of 11 March 2008

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

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE
EUROPEAN UNION,

Having regard to the Treaty
Community, and in particular Article 175(1) thereof,

establishing the European

Having regard to the proposal from the Commission,

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

After consulting the Committee of the Regions,

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

laid down in

(3)

(4)

Whereas:

elements of a basic instrument adopted in accordance
with the procedure referred to in Article 251 of the
Treaty, inter alia, by deleting some of those elements or
by supplementing the instrument with new non-essential
elements.

and

the Council

In accordance with the statement by the European
the Commission (5)
Parliament,
for the regulatory
concerning Decision 2006/512/EC,
procedure with scrutiny to be applicable to instruments
adopted in accordance with the procedure referred to in
Article 251 of the Treaty which are already in force,
those instruments must be adjusted in accordance with
the applicable procedures.

The Commission should be empowered to adapt
the
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
inter alia, by supplementing it with new
2002/96/EC,
non-essential
adopted in
they must be
elements,
accordance with the regulatory procedure with scrutiny
provided for in Article 5a of Decision 1999/468/EC.

(1)

(2)

Directive 2002/96/EC of the European Parliament and of
the Council (3) provides that certain measures are to be
Council Decision
adopted
1999/468/EC of 28 June 1999 laying down the
procedures for
implementing powers
the exercise of
conferred on the Commission (4).

accordance with

in

Decision 1999/468/EC has been amended by Decision
2006/512/EC, which
regulatory
procedure with scrutiny for the adoption of measures
of general scope and designed to amend non-essential

introduced

the

(1) OJ C 161, 13.7.2007, p. 45.
(2) Opinion of

the European Parliament of 11 July 2007 (not yet
published in the Official Journal) and Council Decision of 3 March
2008.

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

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

(4) OJ L 184, 17.7.1999, p. 23. Decision as amended by Decision

2006/512/EC (OJ L 200, 22.7.2006, p. 11).

(5)

Since the Commission has laid down the detailed rules
referred to in Article 7(3) of Directive 2002/96/EC by
means of Decision 2005/369/EC (6), it is appropriate to
delete the reference to the deadline of 13 August 2004.

(6)

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

(7)

Since the amendments made to Directive 2002/96/EC by
this Directive are technical
in nature and concern
they do not need to be
committee procedure only,
transposed by the Member States.
is therefore not
necessary to lay down provisions to that effect,

It

(5) OJ C 255, 21.10.2006, p. 1.
(6) Commission Decision 2005/369/EC of 3 May 2005 laying down
rules for monitoring compliance of Member States and establishing
data formats for the purposes of Directive 2002/96/EC (OJ L 119,
11.5.2005, p. 13).

L 81/66

EN

Official Journal of the European Union

20.3.2008

HAVE ADOPTED THIS DIRECTIVE:

Article 1

Amendments

Directive 2002/96/EC is hereby amended as follows:

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 of electrical and electronic equipment,
recyclers,
treatment operators and environmental organi-
sations and employees' and consumer associations. ’;

1. the second subparagraph of Article 6(1) shall be replaced by

the following:

4. Article 14(3) shall be 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. the second subparagraph of Article 7(3) shall be replaced by

the following:

‘Detailed rules for monitoring the compliance of Member
States with the targets set out in paragraph 2,
including
shall be established. Those
specifications
measures, designed to amend non-essential elements of this
Directive by
adopted in
accordance with the regulatory procedure with scrutiny
referred to in Article 14(3).’;

supplementing

for materials,

shall be

it,

reference

‘3. Where
paragraph,
Article 5a(1) to (4) and Article 7 of Decision 1999/468/EC
shall apply, having regard to the provisions of Article 8
thereof.’;

is made

this

to

5. point 4 of Annex II shall be replaced by the following:

‘4. Acting in accordance with the regulatory procedure with
scrutiny referred to in Article 14(3), the Commission
the
shall evaluate as a matter of priority whether
entries
for mobile
regarding printed circuit boards
phones and liquid crystal displays are to be amended.’.

Article 2

Entry into force

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

3. Article 13 shall be replaced by the following:

‘Article 13

Article 3

Addressees

Adaptation to scientific and technical progress

This Directive is addressed to the Member States.

Any amendments which are necessary in order to adapt
Article 7(3), Annex IB (in particular with a view to
possibly adding luminaires 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 shall be adopted. Those
measures, designed to amend non-essential elements of this

Done at Strasbourg, 11 March 2008.

For the European Parliament
The President

H.-G. PÖTTERING

For the Council
The President
J. LENARČIČ