Proposal for a Directive of the European Parliament and of the Council on waste electrical and electronic equipment (WEEE) (Recast) {SEC(2008) 2933} {SEC(2008) 2934}
Date: 2008-12-03
Institutions: European Commission
Subjects: dangerous substance, electrical equipment, electronic equipment, electronic waste, environmental protection, waste management

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COMMISSION OF THE EUROPEAN COMMUNITIES 

Brussels, 3.12.2008 
COM(2008) 810 final 

2008/0241 (COD) 

Proposal for a 

DIRECTIVE OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL  

on waste electrical and electronic equipment (WEEE)  

(Recast) 

{SEC(2008) 2933} 
{SEC(2008) 2934} 

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EXPLANATORY MEMORANDUM 

1. 

CONTEXT OF THE PROPOSAL 

1.1. 

Grounds for and objectives of the proposal 

Directive  2002/96/EC  on  waste  electrical  and  electronic  equipment  (WEEE)  was 
adopted  on  27  January  2003  and  entered  into  force  on  13  February  2003.  Member 
States  were  required  to  transpose  the  requirements  of  the  Directive  by  13  August 
2004. Neither the drivers nor the rationale for collecting and recycling WEEE have 
changed since the adoption of the Directive.  

The following reasons lead to the proposal to review of the WEEE Directive:  

technical, 

–  Experience  with  the  first  years  of  implementation  of  the  WEEE  Directive  has 
in 
indicated 
unintentionally costly efforts from market actors and administrations, continuing 
environmental harm, low levels of innovation in waste collection and treatment, a 
lack  of  level  playing  field  or  even  distortion  of  competition  and  unnecessary 
administrative burden.  

legal  and  administrative  problems 

result 

that 

–  The Commission is committed to developing a better regulatory environment, one 
that  is  simple,  understandable,  effective  and  enforceable.  The  Commission 
Communication implementing the Community Lisbon programme "A strategy for 
the  simplification  of  the  regulatory  environment",  foresees  the  review  of  the 
WEEE Directive for 2008. 

–  The  WEEE  Directive  itself  foresees  the  possible  revision  of  the  Directive  based 
on  the  experience  of  the  application  of  the  WEEE  Directive.  The  Directive  also 
sets  out  for  the  Commission  to  propose  new  mandatory  WEEE  collection  target 
by  31  December  2008  and  new  targets  for  recovery  and  re-use/recycling, 
including  for  the  re-use  of  whole  appliances  as  appropriate,  and  targets  for  the 
products falling under category 8 of Annex IA.  

The specific objectives of the review of the WEEE Directive are therefore: 

–  Reduced  administrative  costs 

through 
administrative burdens, without lowering the level of environmental protection. 

removal  of  all  unnecessary 

the 

–  Improved  effectiveness  and  implementation  of  the  Directive  through  increased 

compliance and reduced free-riding. 

–  Reduced impacts on the environment from the collection, treatment and recovery 

of WEEE at the levels where the greatest net benefit to society results.  

1.2. 

General context 

The  extensive  analysis  carried  out  as  part  of  the  WEEE  review  process  led  to  the 
identification  of  the  following  problems  related  to  the  application  of  the  WEEE 
Directive:  

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–  there is lack of clarity on the products covered by the current WEEE Directive and 
their  categorisation,  with  different  interpretations  of  the  current  provisions  made 
by different Member States and stakeholders;  

–  currently approximately 65% of electrical and electronic equipment (EEE) placed 
on  the  market  is  separately  collected,  but  less  than  half  of  this  is  treated  and 
reported according to the requirements of the Directive; the remainder potentially 
leaks  out  to  substandard  treatment  and  is  illegally  exports  to  third  countries, 
among  which  non-OECD  countries.  This  leads  to  losses  of  valuable  secondary 
raw  materials  and  increases  the  risk  of  release  of  hazardous  substances  into  the 
environment, including substances with high ozone depleting potential and global 
warming potential1. In addition to this, the current collection rate, 4kg/inhabitant 
per year of WEEE  from  private  households,  ("one size fits all") does not  reflect 
the economies of individual Member States and thus leads to sub-optimal targets 
for some countries and too ambitious targets for others; 

–  currently  there  are  no  targets  for  the  re-use  of  whole  appliances  in  Directive 

2002/96/EC; 

–  there  are  no  detailed  enforcement  requirements  in  Directive  2002/96/EC  which 

result in lack of enforcement of the WEEE Directive in Member States; 

–  diverging  producer  registration  requirements  in  Member  States  can  result  in 
economic actors having to comply with 27 different producer registration schemes 
which causes unnecessary administrative burden; 

–  indications  on  substandard  treatment  of  WEEE  in  the  EU  and  illegal  export  of 

WEEE outside the EU. 

When nothing is undertaken, the above problems will remain.  

1.3. 

Existing provisions in the area of the proposal 

The acts related to the current proposal are Directive 2002/96/EC itself (as amended) 
and the Decisions adopted by the Commission related to this Directive.  

1.4. 

Consistency with the other policies and objectives of the Union 

The  objectives  of  the  revised  Directive  is  fully  in  line  with  general  Community 
strategies, including the Lisbon Strategy, the Sustainable Development Strategy, the 
Energy and Climate Package, the 6th Environmental Action Programme and its mid-
term  review,  Integrated  Product  Policy,  the  Thematic  Strategies  on  the  sustainable 
use  of  natural  resources  and  on  waste  prevention  and  recycling,  the  'Marketing  of 
Products' package, the Commission's recent lead market initiative, and the proposed 
recast of the Regulation on Substances that Deplete the Ozone Layer. 

1 

COM(2008) 505 and SEC(2008) 2367. 

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2. 

CONSULTATION OF INTERESTED PARTIES AND IMPACT ASSESSMENT 

2.1. 

Consultation of interested parties 

Consultation methods, main sectors targeted and general profile of respondents 

Extensive  data  collection  and  studies were carried  out  for  the  review  of  the  WEEE 
Directive.  Throughout  the  review  process  there  was  continuous  information 
exchange  with  stakeholders,  an  SME  panel  was  organised  and  an  on-line  public 
stakeholder consultation was launched. These consultations and studies helped define 
and analyse a number of specific policy options. 

Throughout  the  consultations  that  took  place  in  the  framework  of  the  review,  the 
responding  stakeholders  among  others  were  Member  States,  NGOs,  producers  of 
electrical  and  electronic  equipment,  consumers,  retail  and  distribution  sector, 
municipalities,  treatment  operators,  recyclers  and  recovery  operators,  producer 
responsibility organisations and national producer registers. 

Summary of responses and how they have been taken into account 

Stakeholders have been asked to give opinion on the policy options proposed for the 
clarification of the scope of the WEEE Directive, revision of the target for collection 
and for re-use/recovery and recycling of WEEE, producer registration and treatment 
requirements. The public consultation document as well as a summary of opinions is 
made publicly available. As opinions relate to the measures proposed, responses have 
been taken fully into account.  

An  open  consultation  was  conducted  over  the  internet  from  11/04/2008  to 
05/06/2008. The Commission received 168 response(s). The results are available on 
http://circa.europa.eu/Public/irc/env/weee_2008_review/library . 

2.2. 

Collection and use of expertise 

Scientific/expertise domains concerned 

(1) 

(2) 

Information  gathering  exercise  by  Bio  Intelligence  Service.  The  exercise 
resulted in an assessment of about 132 WEEE reference documents that were 
made available online together with a synthesis report. This report provided a 
systematic  overview  of  the  content  of  these  reference  documents  whilst 
assessing  the  possible  overlaps,  contradictions  and  gaps  in  the  knowledge 
related to the information needed for the review. The result served as a direct 
input for the contractors of the research studies and is available in the CIRCA 
page http://circa.europa.eu/Public/irc/env/weee_2008/library. 

the  European  Commission  generate 

Four research studies have been carried out to give input to the review; they 
helped 
full  understanding  of 
implementation of the Directive, to identify the issues at stake for the review, 
to complete the information needed to perform an analysis of policy options 
particularly the development and simplification of the  Directive  in  line with 
the  Communication  on  better  regulation.  Issues  covered  are  the  producer 
responsibility  obligations,  the  management  of  WEEE  and  the  impacts  on 
innovation  and  competition.  Further  information  on  the  studies  (name  of 

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study, 
http://ec.europa.eu/environment/waste/weee/studies_weee_en.htm. 

contractor 

date) 

and 

available 

is 

at 

(3) 

As part of this study contract an expert stakeholder workshop was organised 
on  15  March  2007.  The  conclusions  of  the  workshop  are  available  together 
with 
page 
http://circa.europa.eu/Public/irc/env/weee_2008_ws/home.  

presentations 

CIRCA 

the 

the 

in 

Methodology used 

The  information  gathering  exercise  by  Bio  Intelligence  Service  systematically 
screened available literature resulting in a synthesis report. The other studies (by the 
United Nations University, Ökopol, Arcadis/Ecolas) were research studies. An expert 
workshop and SME Panel via the European Information Centres Network was part of 
the research study carried out by United Nations University.  

Main organisations/experts consulted 

AEA  Technology,  Bio  Intelligence  Service,  United  Nations  University  and 
subcontractors, Ökopol and subcontractors, Ecolas and subcontractors.  

Summary of advice received and used 

The existence of potentially serious risks with irreversible consequences has not been 
mentioned. 

The advice from the above studies has been summarised in the executive summaries 
of  the  studies  and  have  been  used  at  various  places  in  the  impact  assessment  of 
policy  options;  the  text  of  the  impact  assessment  refers  consequently  to  the  study 
concerned. 

Means used to make the expert advice publicly available 

Publication 
http://circa.europa.eu/Public/irc/env/weee_2008_review/library  

opinions 

the 

the 

on 

of 

open 

website 

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2.3. 

Impact assessment 

Several policy options have been assessed for the revision of the Directive, including 
the  option  of  taking  no  action.  These  options  have  been  evaluated  on  the  basis  of 
their economic, social and environmental impacts and to what degree they contribute 
to the simplification of the regulatory environment. The options considered relate to 
two areas: options to improve the effectiveness of the WEEE Directive and options 
to improve the efficiency of the Directive.  

•  The  following  options  were  considered  to  improve  the  effectiveness  of  the 
Directive:  minimum  inspection  and  enforcement  requirements  for  treatment  and 
waste  shipment,  collection  targets  for  producers  set  at  85%  of  WEEE  arising 
(which  equals  65%  of  EEE  placed  on  the  market,  which  is  already  currently 
separately collected) including WEEE from business into the rate, collection of all 

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environmentally most relevant streams, collection rate expressed in function of the 
EEE  placed  on  the  market.  The  options  on  minimum  inspection  requirement, 
setting  the  collection  targets  for  producers  at  65%  of  the  EEE  placed  on  the 
market  in  the  preceding  year  were  found  to  result  in  environmentally, 
economically  and  social  optimal  solution  in  this  area.  The  IA  shows  that  65% 
reflects  reality  as  this  amount  is  already  being  separately  collected  on  average 
throughout  the  EU  Member  States.  This  rate  would  include  nearly  all  the  large 
and  medium  size  WEEE  which  is  economic  to  collect.  Data  suggests  that  the 
collection  costs  per  unit  collected  remain  the  same  and  environmental  benefits 
will increase as more separately collected WEEE would be properly treated. 

•  The following options were considered to improve the efficiency of the Directive: 
Clarify  the  scope  of  the  Directive  using  a  fixed  product  list  as  the  scope,  define 
the  scope  in  the  RoHS  Directive  while  the  WEEE  Directive  would  refer  to  this 
under  175  of  the  EC  treaty,  define  categories  of  equipments  as  from  private 
household (B2C) or from users other than private households (B2B). The impact 
assessment  concluded  that  no  action  in  this  area  was  not  a  viable  policy  option 
and  clarifying  the  scope  of  the  WEEE  Directive  can  best  be  done  with  a 
combination  of  the  last  two  options.  This  will  result  in  both  positive 
environmental  and  economic  impacts  and  it  will  provide  clarity  for  producers, 
thereby reducing free riding on the market. 

•  Harmonise  producer  registration  and  reduce  unnecessary  administrative  burden 
through creating inter-operable registers between Member States or an EU register 
and harmonise registration and reporting requirements. It was found that creating 
an  interoperable  national  registers and harmonising registration requirements are 
the  most  viable  options  considering  the  costs  occurring  and  the  significant 
reduction in administrative burden 

•  It was also considered to include the re-use of whole appliances into the recycling 
target  and  set  a  new  target  for  medical  devices.  Both  these  options  have  proven 
viable during the impact assessment. 

The  proposal  has  been  subject  to  an  impact  assessment  listed  in  the  Commission's 
Legislative and Work Programme; it is accessible at…. 

3. 

LEGAL ELEMENTS OF THE PROPOSAL 

3.1. 

Summary of the proposed action 

The following main actions are proposed for the revision of the WEEE Directive:  

Scope of the WEEE Directive: It is proposed to bring Annex IA and IB of Directive 
2002/96/EC describing the scope for both the WEEE and RoHS Directives under the 
RoHS Directive which is based on Article 95 of Treaty. The WEEE Directive, based 
on Article 175 of the EC Treaty, will refer to this scope.  

Clarify  definitions:  Clarification  is  proposed  on  the  division  between  WEEE  from 
private household and non household WEEE by classifying the equipments as either 
B2C  or  B2B  equipments  through  comitology  procedure.  These  actions  will 

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contribute  to  the  further  clarification  of  which  products  fall  under  the  WEEE 
Directive and they will further clarify the obligations applying to different equipment 
producers which will contribute to establishing a level of playing field. 

Collection  target:  a  65%  WEEE  collection  rate  (including  B2B  equipments)  is 
proposed which is set in function of the average amount of EEE placed on the market 
in  the  two  preceding  years.  This  target  reflects  the  amounts  of  WEEE  which  are 
currently already separately collected in the Member States and takes the variations 
in  EEE  consumption  in  individual  Member  States  into  account.  Therefore,  it  will 
encourage  Member  States  to  come  to  the  most  optimal  separate  WEEE  collection. 
The proposed collection rate should be achieved annually, starting in 2016. Several 
flexibilities are proposed: possible transitional measures for Member States and a re-
examination of the rate by the European Parliament and Council in 2012 on the basis 
of a proposal from the Commission. 

Recycling targets: In order to encourage the re-use of whole WEEEs it is proposed to 
include  re-use  of  whole  appliances  in  the  increased  (with  5%)  target  for  recycling 
combined  with  re-use.  The  recycling  target  for  medical  devices  (category  8 
equipment)  is  proposed  to  be  set  at  the  level  of  those  for  monitoring  and  control 
instruments (category 9 equipment). 

Producer  Registration:  In  order  to  reduce  the  administrative  burden  related  to  the 
application  of  the  WEEE  Directive  the  harmonisation  of  the  registration  and 
reporting  obligations  for  producers  between  the  national  producer  registers  is 
proposed including making the registers inter operational. 

Enforcement:  In  order  to  bridge  the  implementation  gap,  it  is  proposed  to  set 
minimum inspection requirements for Member States to strengthen the enforcement 
of  the  WEEE  Directive.  Minimum  monitoring  requirements  are  proposed  for 
shipments of WEEE.  

3.2. 

Legal basis 

Article 175 of the Treaty. 

3.3. 

Subsidiarity principle 

The  subsidiarity  principle  applies  insofar  as  the  proposal  does  not  fall  under  the 
exclusive competence of the Community. 

The objectives of the proposal cannot be sufficiently achieved by the Member States 
for the following reason(s). 

Environmental  protection  measures  fall  within  the  competence  of  both  the 
Community  and  the  Member  States.  The  pollution  caused  by  the  management  of 
WEEE is of trans-boundary nature. This is particularly true for the pollution of air or 
water  and  soil  resulting  from  the  incineration,  landfilling  or  improper  recycling  of 
WEEE.  The  objective  of  improving  the  management  of  WEEE  therefore  cannot  be 
achieved effectively by Member States alone, for this Community action is required. 
In addition, having different national policies on the management of WEEE hampers 
the  effectiveness  of  recycling  policies.  Also,  different  national  registration  and 

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reporting requirements for producers leads to unnecessary administrative burden. For 
that reason action should be taken on Community level. 

The action by Member States alone would result in reduced level of environmental 
protection and increased financial and administrative burden on economic operators.  

Community action will better achieve the objectives of the proposal for the following 
reason(s). 

The transnational nature of the problems related to the review of the WEEE Directive 
makes them appropriate to be regulated at EU level; harmonisation of requirements 
for  manufacturers  and  authorities  throughout  the  EU  will  increase  cost-efficiency, 
foster simplification and achieve higher level of environmental protection across the 
EU.  

Indicators:  

(1) 

(2) 

(3) 

avoidance  of  internal  market  problems  by  creating  certainty  for  economic 
operators  covered  by  the  provisions  of  the  Directive  on  the  meaning  of 
definitions and the scope of the WEEE Directive; 

reaching  optimal  environmental  results  by  setting  minimum  collection  and 
recycling targets at appropriate level across the EU; 

reduction  of  administrative  burden  by  simplified  registration  and  reporting 
procedures for firms trading in more than one Member State; 

(4)  more  effective  application  of 

the  WEEE  Directive  by  strengthened 
enforcement and monitoring of producers and waste management compliance 
on the EU level.  

The  Council  and  the  European  Parliament  in  Directive  2002/96/EC  called  for  the 
revision of the WEEE collection target, targets for recycling and recovery of WEEE 
including  for  the  re-use  of  whole  appliances  as  appropriate  and  for  the  products 
falling  under  category  8  (medical  devices).  This  review  is  an  integral  part  of 
developing a better regulatory environment in the EU. Clarification of the scope and 
of  certain  definitions  in  the  Directive,  setting  targets  and  working  towards 
interoperational  producer  registration  systems  is  expected  not  to  be  effectively 
achievable by the Member States acting individually.  

The proposal therefore complies with the subsidiarity principle. 

3.4. 

Proportionality principle 

The proposal complies with the proportionality principle for the following reason(s). 

The  proposal  sets  out  legal  requirements  for  a  harmonised  Community  strategy  for 
the  collection  and  recycling  of  WEEE  but  at  the  same  time  leaves  Members  States 
free  to  choose  the  most  appropriate  national  measures  to  reach  the  objective  of  the 
proposal. As the Directive is based on Article 175 of the Treaty, it leaves scope for 
further  national  measures.  The  measures  in  the  proposed  review  of  the  WEEE 

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Directive  tackle  the  problems  encountered  during  the  implementation  of  Directive 
2002/96/EC and the points explicitly indicated by Council and EP for the review.  

Cuts in administrative burden: 

–  reduced  administrative  burden  concerning  the  registration  and  reporting  for 

producers marketing products in more than one Member State; 

–  overall cost savings from harmonised registration and reporting is €66.3 million. 

3.5. 

Choice of instruments 

Proposed instruments: directive. 

Other means would not be adequate for the following reason(s). 

As recent  research studies  have  confirmed that neither the drivers for  the problems 
nor  the  rationale  for  collecting  and  recycling  WEEE  have  changed,  the  proposed 
measure is a review of an existing Directive.  

4. 

BUDGETARY IMPLICATION 

The proposal has no implication for the Community budget. 

5. 

ADDITIONAL INFORMATION 

5.1. 

510Simplification 

The  proposal  provides 
administrative procedures for private parties, by: 

for  simplification  of 

legislation,  simplification  of 

–  clarifying of the scope of both the WEEE and RoHS Directives which tackle the 

same kind of equipment; 

–  harmonising formats and frequencies concerning the registration and reporting for 

producers.  

The  proposal  is  included  in  the  Commission's  rolling  programme  for  up-date  and 
simplification  of  the  Community  Acquis  and  its  Work  and  Legislative  Programme 
under the reference 2008/ENV/002. 

5.2. 

Review/revision/sunset clause 

The proposal includes a review clause. 

5.3. 

Recasting 

The proposal involves recasting.  

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5.4. 

Correlation table 

The  Member  States  are  required  to  communicate  to  the  Commission  the  text  of 
national  provisions  transposing  the  Directive  as  well  as  a  correlation  table  between 
those provisions and this Directive. 

5.5. 

Detailed explanation of the proposal 

The main proposals to recast Directive 2002/96/EC relate to: 

Article  2:  Scope  of  the  Directive  refers  to  the  scope  of  the  RoHS  Directive.  It  is 
clarified what equipments are exempted from the Directive.  

Article  3:  Definitions  are  adapted  and  new  definitions  are  added  to  increase  legal 
certainty and coherence with other Community legislation.  

Article 7: WEEE a 65% collection rate set in function of the amount of EEE placed 
on the market in the preceding two years. This collection rate needs to be achieved 
annually,  for  the  first  time  in  2016  by  producers.  Member  States  may  have 
transitional  arrangement  granted  through  comitology  in  case  they  have  difficulties 
meeting  the  rate  due  to  specific  national  circumstances.  The  collection  rate  is 
proposed  to  be  re-examined  by  the  European  Parliament  and  the  Council  in  2012, 
also  in  view  of  setting  possible  separate  collection  rate  for  cooling  and  freezing 
equipment, on the basis of a report of the Commission. 

Article  11:  Recovery  and  recycling  targets  are  modified  to  include  the  re-use  of 
whole appliances and the medical devices. 

Article  12:  Member  States,  where  appropriate,  should  encourage  producers  to 
finance  all  the  cost  occurring  for  collection  facilities  for  WEEE  from  private 
households.  

Article 14: A visible fee is allowed without time limitation in line with the principles 
of Sustainable Consumption and Production for all products 

Article  16:  In  order  to  reduce  administrative  burden  a  new  provision  is  added  to 
harmonise  the  registration  of  producers  and  reporting  by  producers  in  the  EU 
including by making the national registers interoperable. 

Article 20: Minimum inspection requirements are added to improve  the  application 
of the WEEE Directive on the EU level.  

Annex I of Directive 2002/96/EC is deleted and a new Annex is added establishing 
minimum monitoring requirements for shipments of WEEE. 

Annexes  II,  III,  IV  of  Directive  2002/96/EC  remain  unchanged  as  these  are  to  be 
updated  according  to  technical  and  scientific  progress  on  a  regular  basis  through 
comitology procedure. 

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2008/0241 (COD) 

Proposal for a 

DIRECTIVE OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL  

on waste electrical and electronic equipment (WEEE)  

(Recast) 

(Text with EEA relevance) 

(cid:208) 2002/96/EC (adapted) 

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION, 

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

Having regard to the proposal from the Commission2, 

Having regard to the opinion of the European Economic and Social Committee3, 

Having regard to the opinion of the Committee of the Regions4, 

Acting in accordance with the procedure laid down in Article 251 of the Treaty in the light of 
the joint text approved by the Conciliation Committee on 8 November 2002, 

Whereas: 

(cid:216) new 

(1) 
A  number  of  substantial  changes  are  to  be  made  to  Directive  2002/96/EC  of  the 
European Parliament and of the Council of 27 January 2003 on waste electrical and electronic 
equipment (WEEE)5. In the interests of clarity, that Directive should be recast. 

(2)(1)  The objectives of the Community's environment policy are, in particular, to preserve, 
protect and improve the quality of the environment, protect human health and utilise 
natural  resources  prudently  and  rationally.  That  policy  is  based  on  the  precautionary 

(cid:208) 2002/96/EC 

2 
3 
4 
5 

OJ C 365 E, 19.12.2000, p. 184 and OJ C 240 E, 28.8.2001, p. 298. ⌦ OJ C , , p. . ⌫ 
OJ C 116, 20.4.2001, p. 38. ⌦ OJ C , , p. . ⌫ 
OJ C 148, 18.5.2001, p. 1. ⌦ OJ C , , p. . ⌫ 
OJ L 37, 13.2.2003, p. 24. 

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principle  and  principles  that  preventive  action  should  be  taken,  that  environmental 
damage should as a priority be rectified at source and that the polluter should pay. 

(3)(2)  The  Community  programme  of  policy  and  action  in  relation  to  the  environment  and 
sustainable  development  (Fifth  Environmental  Action  Programme)6  states  that  the 
achievement  of  sustainable  development  calls  for  significant  changes  in  current 
patterns of development, production, consumption and behaviour and advocates, inter 
alia, the reduction of wasteful consumption of natural resources and the prevention of 
pollution. It mentions waste electrical and electronic equipment (WEEE) as one of the 
target areas to be regulated, in view of the application of the principles of prevention, 
recovery and safe disposal of waste. 

(cid:208) 2002/96/EC (adapted) 
(cid:214) new 

(3) 

(4) 

(5) 

(4) 

The  Commission  Communication  of  30  July  1996  on  review  of  the  Community 
strategy  for  waste  management  states  that,  where  the  generation  of  waste  cannot  be 
avoided, it should be re-used or recovered for its material or energy. 

The Council in its Resolution of 24 February 1997 on a Community strategy for waste 
management7  insisted  on  the  need  for  promoting  waste  recovery  with  a  view  to 
reducing the quantity of waste for disposal and saving natural resources, in particular 
by  re-use,  recycling,  composting  and  recovering  energy  from  waste  and  recognised 
that the choice of options in any particular case must have regard to environmental and 
economic effects but that until scientific and technological progress is made and life-
cycle  analyses  are  further  developed,  re-use  and  material  recovery  should  be 
considered preferable where and in so far as they are the best environmental options. 
The  Council  also  invited  the  Commission  to  develop,  as  soon  as  possible,  an 
appropriate  follow-up  to  the  projects  of  the  priority  waste  streams  programme, 
including WEEE. 

The  European  Parliament,  in  its  Resolution  of  14  November  19968,  asked  the 
Commission to present proposals for Directives on a number of priority waste streams, 
including electrical and electronic waste, and to base such proposals on the principle 
of producer responsibility. The European Parliament, in the same Resolution, requests 
the  Council  and  the  Commission  to  put  forward  proposals  for  cutting  the  volume  of 
waste. 

(cid:216) new 

This  Directive  supplements  the  general  EU  waste  management  legislation,  such  as 
Directive  2008/xx/EC  of  the  European  Parliament  and  of  the  Council  on  waste9.  It 
refers to the definitions of the Directive including the definitions of waste and general 
waste  management  operations.  The  definition  of  collection  according  to  Directive 
2008/xx/EC  on  waste  includes  the  preliminary  sorting  and  preliminary  storage  of 

6 
7 
8 
9 

OJ C 138, 17.5.1993, p. 5. 
OJ C 76, 11.3.1997, p. 1. 
OJ C 362, 2.12.1996, p. 241. 
OJ C , , p. . 

EN 

12 

   EN 

 
 
 
                                                 
waste for the purposes of transport to a waste treatment facility. Directive 2005/32/EC 
of  the  European  Parliament  and  of  the  Council  of  6  July  200510  establishes  a 
framework for setting ecodesign requirements for energy using products and enables 
the adoption of specific eco-design requirements for energy using products which may 
also  be  covered  by  this  Directive.  Directive  2005/32/EC  and  the  implementing 
measures  adopted  pursuant  to  it  are  without  prejudice  to  Community  waste 
management legislation. Directive 2002/95/EC of the European Parliament and of the 
Council on the restriction of the use of certain hazardous substances in electrical and 
electronic equipment11 requires the substitution of banned substances for all electrical 
and electronic equipments within its scope.  

(cid:208) 2002/96/EC (adapted) 
(cid:214) new 

(56)  Council  Directive  75/442/EEC  of  15 July 1975  on  waste12 ⌦ Directive  2006/12/EC 
of  the  European  Parliament  and  of  the  Council  of  5  April  2006  on  waste 13 ⌫ 
provides that specific rules for particular instances or supplementing those of Directive 
⌦ 2006/12/EC ⌫ 75/442/EEC on the management of particular categories of waste 
may be laid down by means of individual Directives. 

(67)  The  amount  of  WEEE  generated  in  the  Community  is  growing  rapidly.  (cid:214) As  the 
market  continues  to  expand  and  innovation  cycles  become  even  shorter,  the 
replacement  of  equipment  accelerates,  making  waste  electrical  and  electronic 
equipment (WEEE) a fast growing waste stream. While Directive 2002/95/EC on the 
restriction  of  the  use  of  certain  hazardous  substances  in  electrical  and  electronic 
equipment  (RoHS)  contributes  effectively  to  reducing  hazardous  substances  in  new 
EEE,  hazardous  substances  such  as  mercury,  cadmium,  lead,  hexavalent  chromium 
and  polychlorinated  biphenyls  (PCBs)  and  ozone  depleting  substances14  will  still  be 
present  in  WEEE  for  many  years.   The  content  of  hazardous  components  in 
electrical  and  electronic  equipment  (EEE)  is  a  major  concern  during  the  waste 
management  phase  and  recycling  of  WEEE  is  not  undertaken  to  a  sufficient  extent. 
(cid:214) A lack or recycling would result in the loss of valuable resources  . 

(8) 

The objective of improving the management of WEEE cannot be achieved effectively 
by Member States acting individually. In particular, different national applications of 
the producer responsibility principle may lead to substantial disparities in the financial 
burden on economic operators. Having different national policies on the management 
of WEEE hampers the effectiveness of recycling policies. For that reason the essential 
criteria should be laid down at Community level. 

10 
11 
12 

13 
14 

OJ L 191, 22.07.2005, p.29-58. 
OJ L 37, 13.02.2003, p.19-23. 
OJ L 194, 25.7.1975, p. 47. Directive as last amended by Commission Decision 96/350/EC (OJ L 135, 
6.6.1996, p. 32). 
OJ L 114, 27.4.2006, p. 9. 
COM(2008)505 and SEC(2008)2367 

EN 

13 

   EN 

 
 
                                                 
(7) 

(8) 

(9) 

(cid:216) new 

The  purpose  of  this  Directive  is,  to  contribute  to  sustainable  production  and 
consumption  by as  a  first  priority,  the  prevention  of  waste  electrical  and  electronic 
equipment (WEEE), and in addition, the reuse, recycling and other forms of recovery 
of such wastes so as to reduce the disposal of waste and contribute to the efficient use 
of resources . 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 collection and treatment of waste electrical and electronic equipment .In particular, 
different  national  applications  of  the  producer  responsibility  principle  may  lead  to 
substantial disparities in the financial burden on economic operators. Having different 
national policies on the management of WEEE hampers the effectiveness of recycling 
policies. For that reason the essential criteria should be laid down at Community level. 

Since  the  objectives  of  the  action  to  be  taken  cannot  be  sufficiently  achieved  by  the 
Member States and can therefore be better achieved at Community level by reason of 
the scale of the problem, the Community may therefore adopt measures, in accordance 
with the principle  of subsidiarity  as set out in Article 5 of the Treaty. In accordance 
with the principle of proportionality, as set out in that Article, this Directive does not 
go beyond what is necessary in order to achieve that objective. 

(cid:208) 2002/96/EC (adapted) 
(cid:214) new 

The provisions of this Directive should apply to products and producers irrespective of 
the selling technique, including distance and electronic selling. In this connection the 
obligations of producers and distributors using distance and electronic selling channels 
should, as far as is practicable, take the same form and should be enforced in the same 
way  in  order  to  avoid  other  distribution  channels  having  to  bear  the  costs  of  the 
provisions of this  Directive  concerning  WEEE  for  which  the  equipment  was  sold  by 
distant or electronic selling. 

(10)  This Directive should cover all electrical and electronic equipment used by consumers 
and  electrical  and  electronic  equipment  intended  for  professional  use.  This  Directive 
should  apply  without  prejudice  to  Community  legislation  on  safety  and  health 
requirements  protecting  all  actors  in  contact  with  WEEE  as  well  as  specific 
Community  waste  management  legislation,  in  particular ⌦ Directive 2006/66/EC  of 
the  European  Parliament  and  of  the  Council  of  6  September  2006  on  batteries  and 
accumulators  and  waste  batteries  and  accumulators15 ⌫  Council  Directive 
91/157/EEC  of  18  March  1991  on  batteries  and  accumulators  containing  certain 
dangerous  substances16  (cid:214) ,  and  Community  product  design  legislation,  in  particular 
Directive  2005/32/EC  of  the  European  Parliament  and  of  the  Council  establishing  a 
framework  for  the  setting  of  ecodesign  requirements  for  energy-using  products  and 

15 

16 

OJ  L  266,  26.9.2006,  p.1-14.  Directive  as  amended  by  Directive  2008/12/EC  (OJ L 76,  19.3.2008, 
p. 39). 
OJ  L  78,  26.3.1991,  p.  38.  Directive  as  amended  by  Commission  Directive  98/101/EC  (OJ  L  1, 
5.1.1999, p. 1). 

EN 

14 

   EN 

 
 
 
                                                 
amending Council Directive 92/42/EEC and Directives 96/57/EC and 2000/55/EC of 
the European Parliament and of the Council.  

(11)  Directive 91/157/EEC needs to be revised as soon as possible, particularly in the light 

of this Directive. 

(11)(12) 

The  establishment,  by  this  Directive,  of  producer  responsibility  is  one  of  the 
means of encouraging the design and production of electrical and electronic equipment 
which  take  into  full  account  and  facilitate  their  repair,  possible  upgrading,  re-use, 
disassembly and recycling. 

(12)(13) 

In order to guarantee the safety and health of distributors' personnel involved in 
the  take-back  and  handling  of  WEEE,  Member  States  should,  in  accordance  with 
national and Community legislation on safety and health requirements, determine the 
conditions under which take-back may be refused by distributors. 

(14)  Member States should encourage the design and production of electrical and electronic 
equipment  which  take  into  account  and  facilitate  dismantling  and  recovery,  in 
particular  the  re-use  and  recycling  of  WEEE,  their  components  and  materials. 
Producers  should  not  prevent,  through  specific  design  features  or  manufacturing 
processes,  WEEE  from  being  re-used,  unless  such  specific  design  features  or 
manufacturing processes present overriding advantages, for example with regard to the 
protection of the environment and/or safety requirements. 

(1315) Separate collection is athe precondition to ensure specific treatment and recycling of 
WEEE and is necessary to achieve the chosen level of protection of human health and 
the  environment  in  the  Community.  Consumers  have  to  actively  contribute  to  the 
success  of  such  collection  and  should  be  encouraged  to  return  WEEE.  For  this 
purpose,  convenient  facilities  should  be  set  up  for  the  return  of  WEEE,  including 
public collection points, where private households should be able to return their waste 
at  least  free  of  charge.  (cid:214) Distributors  have  an  important  role  in  contributing  to  the 
success of WEEE collection.   

(1416) In  order  to  attain  the  chosen  level  of  protection  and  harmonised  environmental 
objectives  of  the  Community,  Member  States  should  adopt  appropriate  measures  to 
minimise  the  disposal  of  WEEE  as  unsorted  municipal  waste  and  to  achieve  a  high 
level of separate collection of WEEE. In order to ensure that Member States strive to 
set up efficient collection schemes, they should be required to achieve a high level of 
collection  of  WEEE  (cid:214) ,  particularly  for  cooling  and  freezing  equipment  containing 
ozone  depleting  substances  and  fluorinated  greenhouse  gases,  given  their  high 
environmental  impact  and  in  view  of  obligations  contained  in  Regulation  (EC) 
2037/2000  and  Regulation  (EC)  842/200617   from  private  households.  (cid:214) Data 
included  in  the  impact  assessment  shows  that  65%  of  electrical  and  electronic 
equipment  placed  on  the  market  is  already  separately  collected  today,  but  more  than 
half  of  this  potentially  leaks  to  improper  treatment  and  illegal  exports.  This  leads  to 
losses of valuable secondary raw materials and environmental degradation. To avoid 
this, it is necessary to set an ambitious collection target.  

17 

COM(2008)505 and SEC(2008)2367 

EN 

15 

   EN 

 
                                                 
(1517)  Specific  treatment  for  WEEE  is  indispensable  in  order  to  avoid  the  dispersion  of 
pollutants  into  the  recycled  material  or  the  waste  stream.  Such  treatment  is  the  most 
effective  means  of  ensuring  compliance  with  the  chosen  level  of  protection  of  the 
environment  of  the  Community.  Any  establishment  or  undertakings  carrying  out 
(cid:214) collection ,recycling  and  treatment  operations  should  comply  with  minimum 
standards to prevent negative environmental impacts associated with the treatment of 
WEEE.  Best  available  treatment,  recovery  and  recycling  techniques  should  be  used 
provided  that  they  ensure  human  health  and  high  environmental  protection.  Best 
available  treatment,  recovery  and  recycling  techniques  may  be  further  defined  in 
accordance with the procedures of Directive ⌦ 2008/1/EC ⌫ 96/61/EC18. 

(1618) Where  appropriate,  priority  should  be  given  to  the  re-use  of  WEEE  and  its 
components,  subassemblies  and  consumables.  Where  re-use  is  not  preferable,  all 
WEEE collected separately should be sent for recovery, in the course of which a high 
level of recycling and recovery should be achieved. In addition, producers should be 
encouraged to integrate recycled material in new equipment. 

(17)  The recovery, preparation for re-use and recycling of equipment can be counted into 
the targets defined in Article 7 of this Directive only if that recovery or preparation for 
re-use  or  recycling  is  not  in  contradiction  to  other  European  and  Member  States 
legislation applicable to the equipment. 

(cid:216) new 

(cid:208) 2002/96/EC  
(cid:214) new 

(1819) Basic principles with regard to the financing of WEEE management have to be set at 
Community level and financing schemes have to contribute to high collection rates as 
well as to the implementation of the principle of producer responsibility. 

(1920) Users of electrical and electronic equipment from private households should have the 
possibility  of  returning  WEEE  at  least  free  of  charge.  Producers  should  therefore 
finance  (cid:214) at  least  the   collection  from  collection  facilities,  and  the  treatment, 
recovery  and  disposal  of  WEEE.  (cid:214) Member  States  should  encourage  producers  to 
take full ownership of the WEEE collection in particular by financing the collection of 
WEEE throughout the whole waste chain, including from private households, in order 
to  avoid  leakage  of  separately  collected  WEEE  to  sub-optimal  treatment  and  illegal 
exports, to create a level playing field by harmonising  producer financing  across the 
EU,  to  shift  payment  for  the  collection  of  this  waste  from  general  tax  payers  to  the 
consumers  of  EEEs  in  line  with  the  polluter  pays  principle.   In  order  to  give 
maximum  effect  to  the  concept  of  producer  responsibility,  each  producer  should  be 
responsible  for  financing  the  management  of  the  waste  from  his  own  products.  The 
producer  should  be  able  to  choose  to  fulfil  this  obligation  either  individually  or  by 
joining  a  collective  scheme.  Each  producer  should,  when  placing  a  product  on  the 
market, provide a financial guarantee to prevent costs for the management of WEEE 
from  orphan  products  from  falling  on  society  or  the  remaining  producers.  The 

18 

OJ L 24, 29.1.2008, p. 8OJ L 257, 10.10.1996, p.26-40. 

EN 

16 

   EN 

 
 
 
                                                 
responsibility for the financing of the management of historical waste should be shared 
by  all  existing  producers  in  collective  financing  schemes  to  which  all  producers, 
existing  on  the  market  when  the  costs  occur,  contribute  proportionately.  Collective 
financing  schemes  should  not  have  the  effect  of  excluding  niche  and  low-volume 
producers,  importers  and  new  entrants.For  a  transitional  period  producers  should  be 
allowed to show purchasers, on a voluntary basis at the time of sale of new products, 
the  costs  of  collecting,  treating  and  disposing  in  an  environmentally  sound  way  of 
historical  waste.  Producers  making  use  of  this provision should ensure that the costs 
mentioned do not exceed the actual costs incurred. 

(20)  (cid:214) Producers should be allowed to show purchasers, on a voluntary basis at the time of 
sale  of  new  products,  the  costs  of  collecting,  treating  and  disposing  in  an 
environmentally  sound  way  of  WEEE.  This  is  in  line  with  the  Commission 
Communication  on  Sustainable  Consumption  and  Production  and  Sustainable 
Industrial  Policy  Action  Plan  in  particular  with  regard  to  smarter  consumption  and 
green public procurement.   

(21) 

Information  to  users  about  the  requirement  not  to  dispose  of  WEEE  as  unsorted 
municipal waste and to collect WEEE separately, and about the collection systems and 
their  role  in  the  management  of  WEEE,  is  indispensable  for  the  success  of  WEEE 
collection.  Such  information  implies  the  proper  marking  of  electrical  and  electronic 
equipment  which  could  end  up  in  rubbish  bins  or  similar  means  of  municipal  waste 
collection.  

(22) 

Information on component and material identification to be provided by producers is 
important to facilitate the management, and in particular the treatment and recovery or 
/recycling, of WEEE. 

(23)  Member States should ensure that inspection and monitoring infrastructure enable the 
proper  implementation  of  this  Directive  to  be  verified,  having  regard,  inter  alia,  to 
Recommendation 2001/331/EC of the European Parliament and the Council of 4 April 
2001  providing  for  minimum  criteria  for  environmental  inspections  in  the  Member 
States19. 

(24) 

Information  about  the  weight  or,  if  this  is  not  possible,  the  numbers  of  items  of 
electrical and electronic equipment placedput on the market in the Community and the 
rates  of  collection,  re-use,  including  as  far  as  possible  re-use  of  whole  appliances, 
recovery or /recycling and export of WEEE collected in accordance with this Directive 
is necessary to monitor the achievement of the objectives of this Directive. 

(25)  Member States may choose to implement certain provisions of this Directive by means 
of agreements between the competent authorities and the economic sectors concerned 
provided that particular requirements are met. 

(26)  The  adaptation  to  scientific  and  technical  progress  of  certain  provisions  of  the 
Directive,  the  list  of  products  falling  under  the  categories  set  out  in  Annex  IA,  the 
selective treatment for materials and components of WEEE, the technical requirements 

19 

OJ L 118, 27.4.2001, p. 41. 

EN 

17 

   EN 

 
                                                 
for (cid:214) collection, storage and treatment of WEEE and the symbol for the marking of 
EEE should be effected by the Commission under a committee procedure. 

(27)  The measures necessary for the implementation of this Directive should 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 Commission20. 
(cid:214) 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 2002/96/EC, inter alia, by supplementing it 
with  new  non-essential  elements,  they  must  be  adopted  in  accordance  with  the 
regulatory  procedure  with  scrutiny  provided  for 
in  Article  5a  of  Decision 
1999/468/EC.  

(cid:216) new 

(28)  The obligation to transpose this Directive into national law should be confined to those 
provisions  which  represent  a  substantive  change  as  compared  with  the  earlier 
Directives.  The  obligation  to  transpose  the  provisions  which  are  unchanged  arises 
under the earlier Directives. 

(29)  This  Directive  should  be  without  prejudice  to  the  obligations  of  the  Member  States 
relating  to  the  time-limits  for  transposition  into  national  law  and  application  of  the 
Directives set out in Annex V, Part B. 

HAVE ADOPTED THIS DIRECTIVE: 

(cid:208) 2002/96/EC 

(cid:208) 2002/96/EC 

Article 1 

(cid:216) new 

Subject matter 

This  Directive  lays  down  measures  to  protect  the  environment  and  human  health  by 
preventing or reducing the adverse impacts of the generation and management of waste from 
electrical  and  electronic  equipments  and  by  reducing  overall  impacts  of  resource  use  and 
improving the efficiency of such use. 

(cid:208) 2002/96/EC 
(cid:214) new 

Objectives 

20 

OJ L 184, 17.7.1999, p. 23. 

EN 

18 

   EN 

 
 
 
 
 
 
                                                 
The  purpose  of  this  Directive  is,  as  a  first  priority,  the  prevention  of  waste  electrical  and 
electronic  equipment  (WEEE),  and  in  addition,  the  re-use,  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. 

Article 2 

Scope 

1.  This  Directive  shall  apply  to  electrical  and  electronic  equipment  falling  under  the 
categories set out in (cid:214) Annex I  Annex IA (cid:214) of Directive 20xx/xx/EC (RoHS). provided 
that the equipment concerned is not part of another type of equipment that does not fall within 
the scope of this Directive.Annex IB contains a list of products which fall under the categories 
set out in Annex IA. 

2.  This  Directive  shall  apply  without  prejudice  to  (cid:214) requirements  of   Community 
legislation  on  safety  and  health  requirements  and  (cid:214), on  chemicals,  in  particular  Regulation 
(EC)1907/2006  as  well  as  of   specific  Community  waste  management  (cid:214) or  product 
design  legislation. 

(cid:208) 2002/96/EC (adapted) 
(cid:214) new 

3. ⌦ This Directive does not apply to any of the following equipments: ⌫ 

(a) 

Equipment which is (cid:214) necessary for  connected with the protection of the essential 
interests  of  the  security  of  Member  States,  including  arms,  munitions  and  war 
materialShall  be  excluded  from  this  Directive.  This  does  not,  however,  apply  to 
products which are not intended for specifically military purposes. 

⌦ (b)  Equipment which is specifically designed as part of another type of equipment that 
does not fall within the scope of this Directive ⌫ (cid:214) and can fulfill its function only 
if it is part of that equipment.  

(cid:214) (c)  Equipment which is not intended to be placed on the market as a single functional or 

commercial unit.  

(cid:216) new 

⌦ (d)  Filament bulbs. ⌫ 

⌦ (e) 

Implanted and infected medical devices. ⌫ 

(cid:208) 2002/96/EC (adapted) 

EN 

19 

   EN 

 
 
 
 
(cid:216) new 

4. 

WEEE shall be classified as waste from private households or from users other than 
private households. The classification of types of WEEE into these categories shall 
be  laid  down.  This  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 18(3). This classification among others 
shall be based on assessing the share of the equipment sold to private households or 
businesses.  

(cid:208) 2002/96/EC (adapted) 
(cid:214) new 

Article 3 

Definitions 

For the purposes of this Directive, the following definitions shall apply: 

(a)‘electrical  and  electronic  equipment’  or  ‘EEE’  means  equipment  which  is 
dependent  on  electric  currents  or  electromagnetic  fields  in  order  to  work  properly 
and  equipment  for  the  generation,  transfer  and  measurement  of  such  currents  and 
fields falling under the categories set out in (cid:214) Annex I  Annex IA (cid:214) of Directive 
20xx/xx/EC  (RoHS)   and  designed  for  use  with  a  voltage  rating  not  exceeding 
1000 Volt for alternating current and 1500 Volt for direct current; 

(b)‘waste  electrical  and  electronic  equipment’  or  ‘WEEE’  means  electrical  or 
electronic  equipment  which  is  waste  within  the  meaning  of  Article  ⌦ 3(1)  of 
Directive  2008/xx/EC  on  waste ⌫  1(a)  of  Directive  75/442/EEC,  including  all 
components,  subassemblies  and  consumables  which  are  part  of  the  product  at  the 
time of discarding; 

(c)‘prevention’  means  (cid:214) prevention  within  the  meaning  of  Article  3  (12)  of 
Directive 2008/xx/EC on waste;  ; measures aimed at reducing the quantity and the 
harmfulness  to  the  environment  of  WEEE  and  materials  and  substances  contained 
therein; 

(d)‘re-use’  means  (cid:214) re-use  within  the  meaning  of  Article  3(13)  of  Directive 
2008/xx/EC on  waste   any  operation  by  which  WEEE  or  components  thereof  are 
used  for  the  same  purpose  for  which  they  were  conceived,  including  the  continued 
use of the equipment or components thereof which are returned to collection points, 
distributors, recyclers or manufacturers; 

(e)'preparing  for  re-use'  means  preparing  for  re-use  within  the  meaning  of  Article  3(16)  of 

Directive 2008/xx/EC on waste;  

(cid:216) new 

EN 

20 

   EN 

 
 
 
 
 
 
 
 
(cid:208) 2002/96/EC (adapted) 
(cid:214) new 

(fe)‘recycling’  means (cid:214) recycling within the meaning of Article 3(17) of Directive 
2008/xx/EC  on  waste   the  reprocessing  in  a  production  process  of  the  waste 
materials  for  the  original  purpose  or  for  other  purposes,  but  excluding  energy 
recovery which means the use of combustible waste as a means of generating energy 
through direct incineration with or without other waste but with recovery of the heat; 

(gf)‘recovery’  means  (cid:214) recovery  within  the  meaning  of  Article  3(15)  of  Directive 
2008/xx/EC on waste  any of the applicable operations provided for in Annex IIB 
to Directive 75/442/EEC; 

(hg)‘disposal’  means  (cid:214) disposal  within  the  meaning  of  Article  3(19)  of  Directive 
2008/xx/EC on waste  any of the applicable operations provided for in Annex IIA 
to Directive 75/442/EEC; 

(ih)‘treatment’ means (cid:214) treatment within the meaning of Article 3(14) of Directive 
2008/xx/EC  on  waste   any  activity  after  the  WEEE  has  been  handed  over  to  a 
facility for depollution, disassembly, shredding, recovery or preparation for disposal 
and  any  other  operation  carried  out  for  the  recovery  and/or  the  disposal  of  the 
WEEE; 

(ji)‘producer’  means  any  natural  or  legal  person  who,  irrespective  of  the  selling 
technique  used,  including  by  means  of  distance  communication  in  accordance  with 
Directive 97/7/EC of the European Parliament and of the Council of 20 May 1997 on 
the protection of consumers in respect of distance contracts21: 

(i)  manufactures  and  sells  electrical  and  electronic  equipment  under  his  own 
(cid:214) name  or  trademark,  or  has  electrical  and  electronic  equipment  designed  or 
manufactured  and  markets  that  electronic  equipment  under  his  name  or  trade 
mark  brand, 

(ii) resells under his own brand ⌦ name or trademark ⌫ equipment produced 
by other suppliers, a reseller not being regarded as the ‘producer’ if the brand 
of the producer appears on the equipment, as provided for in subpoint (i), or 

(iii)  (cid:214) is  established  within  the  Community  and  places   imports  or  exports 
electrical and electronic equipment(cid:214) from a third country  on a professional 
basis (cid:214) onto the Community Market  into a Member State. 

Whoever exclusively provides financing under or pursuant to any finance agreement 
shall  not  be  deemed  a  ‘producer’  unless  he  also  acts  as  a  producer  within  the 
meaning of subpoints (i) to (iii); 

(kj)‘distributor’ means any (cid:214) natural or legal  person (cid:214) in the supply chain, who 
makes  an  electrical  and  electronic  equipment available  on  the  market;   who 

21 

OJ L 144, 4.6.1997, p. 19. 

EN 

21 

   EN 

 
 
 
 
 
 
 
 
 
 
 
 
                                                 
provides electrical or electronic equipment on a commercial basis to the party who is 
going to use it 

(lk) 
‘WEEE  from  private  households’  means  WEEE  which  comes  from  private 
households  and  from  commercial,  industrial,  institutional  and  other  sources  which, 
because of its nature and quantity, is similar to that from private households; 

(m) 

'hazardous  waste'  means  hazardous  waste  within  the  meaning  of  Art.  3  (2)  of 
Directive 2008/XX/EC on waste. 

(cid:216) new 

(cid:208) 2002/96/EC 
(cid:214) new 

‘dangerous  substance  or  preparation’  means  any  substance  or  preparation 
(l) 
which  has  to  be  considered  dangerous  under  Council  Directive  67/548/EEC22  or 
Directive 1999/45/EC of the European Parliament and of the Council23. 

(nm)  ‘finance agreement’ means any loan, lease, hiring or deferred sale agreement or 
arrangement relating to any equipment whether or not the terms of that agreement or 
arrangement  or  any  collateral  agreement  or  arrangement  provide  that  a  transfer  of 
ownership of that equipment will or may take place. 

(cid:216) new 

"making  available  on  the  market”  means  any  supply  of  a  product  for  distribution, 
consumption or use on the Community market in the course of a commercial activity, 
whether in return for payment or free of charge; 

"placing  on  the  market"  means  the  first  making  available  of  a  product  on  the 
Community market;  

"remove"  means  manual,  mechanical,  chemical  or  metallurgic  handling  with  the 
result  that  hazardous  substances,  preparations  and  components  are  contained  as  an 
identifiable stream or identifiable part of a stream at the end of the treatment process. 
A substance, preparation or component is identifiable if it can be monitored to prove 
environmentally safe treatment.  

"collection"  means  collection  within  the  meaning  of  Article  3  (10)  of  Directive 
2008/xx/EC on waste. 

"separate collection" means separate collection within the meaning of Article 3 (11) 
of Directive 2008/xx/EC on waste. 

OJ 196, 16.8.1967, p. 1. Directive as last amended by Commission Directive 2001/59/EC (OJ L 225, 
21.8.2001, p. 1). 
OJ  L  200,  30.7.1999,  p.  1.  Directive  as  amended  by  Commission  Directive  2001/60/EC  (OJ  L  226, 
22.8.2001, p. 5). 

(o) 

(p) 

(q) 

(r) 

(s) 

22 

23 

EN 

22 

   EN 

 
 
 
 
 
 
 
                                                 
(cid:208) 2002/96/EC (adapted) 
(cid:214) new 

Article 4 

Product design 

Member  States  shall  (cid:214) ,  in  line  with  Community  product  legislation  including  Directive 
2005/32/EC  on  eco-design,   encourage  (cid:214) measures  to  promote   the  design  and 
production of electrical and electronic equipment (cid:214) notably in view of facilitating  which 
takes into account and facilitates ⌦ re-use ⌫, dismantling and recovery in particular the re-
use  and  recycling  of  WEEE,  itstheir  components  and  materials.  (cid:214) These  measures  shall 
respect the proper functioning of the internal market.  In this context, Member States shall 
take appropriate measures so that producers do not prevent, through specific design features 
or manufacturing processes, WEEE from being re-used, unless such specific design features 
or  manufacturing  processes  present  overriding  advantages,  for  example,  with  regard  to  the 
protection of the environment and/or safety requirements. 

Article 5 

Separate collection 

1.  Member  States  shall  adopt  appropriate  measures  in  order  to  minimise  the  disposal  of 
WEEE  as  (cid:214) in  the  form  of   unsorted  municipal  waste  and  to  achieve  a  high  level  of 
separate collection of WEEE (cid:214) , notably, and as a matter of priority, for cooling and freezing 
equipment containing ozone depleting substances and fluorinated greenhouse gases.  

2.  For  WEEE  from  private  households,  Member  States  shall  ensure  that  by  the  13  August 
2005: 

(a) systems are set up allowing final holders and distributors to return such waste at 
least free of charge. Member States shall ensure the availability and accessibility of 
the  necessary  collection  facilities,  taking  into  account  in  particular  the  population 
density; 

(b) when supplying a new product, distributors shall be responsible for ensuring that 
such waste can be returned to the distributor at least free of charge on a one-to-one 
basis  as  long  as  the  equipment  is  of  equivalent  type  and  has  fulfilled  the  same 
functions as the supplied equipment. Member States may depart from this provision 
provided they ensure that returning the WEEE is not thereby made more difficult for 
the final holder and provided that these systems remain free of charge for the final 
holder.  Member  States  making  use  of  this  provision  shall  inform  the  Commission 
thereof; 

(c) without prejudice to the provisions of (a) and (b), producers are allowed to set up 
and  operate  individual  and/or  collective  take-back  systems  for  WEEE  from  private 
households provided that these are in line with the objectives of this Directive; 

EN 

23 

   EN 

 
 
 
 
 
(d) having regard to national and Community health and safety standards, WEEE that 
presents  a  health  and  safety  risk  to  personnel  because  of  contamination  may  be 
refused for return under (a) and (b). Member States shall make specific arrangements 
for such WEEE. 

Member  States  may  provide  for  specific  arrangements  for  the  return  of  WEEE  as  under  (a) 
and  (b)  if  the  equipment  does  not  contain  the  essential  components  or  if  the  equipment 
contains waste other than WEEE. 

3. In the case of WEEE other than WEEE from private households, and without prejudice to 
Article 139, Member States shall ensure that producers or third parties acting on their behalf 
provide for the collection of such waste. 

4. Member States shall ensure that all WEEE collected under paragraphs 1, 2 and 3 above is 
transported to treatment facilities authorised under Article 6 unless the appliances are reused 
as  a  whole.  Member  States  shall  ensure  that  the  envisaged  reuse  does  not  lead  to  a 
circumvention of this Directive, in particular as regards Articles 6 and 7. The collection and 
transport of separately collected WEEE shall be carried out in a way which optimises reuse 
and recycling of those components or whole appliances capable of being reused or recycled. 

(cid:216) new 

Article 6 

Disposal and transport of collected WEEE 

1. 

Member States shall prohibit the disposal of untreated separately collected WEEE.  

2 
Member  States  shall  ensure  that  the  collection  and  transport  of  separately  collected 
WEEE is carried out in a way which optimises re-use and recycling and the confinement of 
hazardous substances. 

(cid:216) new 

Article 7 

Collection rate 

1.  Without  prejudice  to  Article  5(1),  Member  States  shall  ensure  that  producers  or  third 
parties acting on their behalf achieve a minimum collection rate of 65%. The collection rate is 
calculated on the basis of the total weight of WEEE collected in accordance with Articles 5 
and 6 in a given year in that Member State, expressed as a percentage of the average weight of 
electrical  and  electronic  equipment  placed  on  the  market  in  the  two  preceding  years  in  that 
Member State. This collection rate shall be achieved annually and starting in 2016. 

2. Transitional arrangement may be laid down in accordance with the procedure referred to in 
Article 18(2) to address difficulties faced by a Member State in satisfying these requirements 
as a result of specific national circumstances; 

EN 

24 

   EN 

 
 
 
 
3.  A  common  methodology  shall  be  established  for  the  calculation  of  the  total  weight  of 
electrical and electronic equipment placed on the national market.  

This 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 18(3). 

4.  By  31  December  2012  at  the  latest  the  European  Parliament  and  the  Council  shall  re-
examine the collection rate and target date referred to in paragraph 1 also in view of setting a 
possible separate collection target for cooling and freezing equipment, on the basis of a report 
of the Commission accompanied by a proposal, if appropriate.  

(cid:208) 2002/96/EC (adapted) 
(cid:214) new 

5. Without prejudice to paragraph 1, 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 WEEE from private households is achieved. 

The  European  Parliament  and  the  Council,  acting  on  a  proposal  from  the  Commission  and 
taking account of technical and economic experience in the Member States, shall establish a 
new mandatory target by 31 December 2008. This may take the form of a percentage of the 
quantities of electrical and electronic equipment sold to private households in the preceding 
years. 

(cid:208) 2002/96/EC (adapted) 
(cid:214) new 

Article 86 

Treatment 

1. Member States shall ensure that (cid:214) all separately collected WEEE undergoes treatment . 

⌦ 2. Treatment ⌫(cid:214) other than preparing for re-use ⌦ shall, as a minimum, include the 
removal of all fluids and a selective treatment in accordance with Annex II to this Directive. 

3.  Member  States  shall  ensure  that  producers  or  third  parties  acting  on  their  behalf set  up 
systems  to  provide  for  the ⌫(cid:214) recovery   ⌦ of  WEEE  using  best  available  techniques. 
The  systems  may  be  set  up  by  producers  individually  or  collectively.  Member  States  shall 
ensure that any establishment or undertaking carrying out collection or treatment operations 
stores  and  treats  WEEE  in  compliance  with  the  technical  requirements  set  out  in  Annex 
III. ⌫producers  or  third  parties  acting  on  their  behalf,  in  accordance  with  Community 
legislation,  set  up  systems  to  provide  for  the  treatment  of  WEEE  using  best  available 
treatment,  recovery  and  recycling  techniques.  The  systems  may  be  set  up  by  producers 
individually  and/or  collectively.  To  ensure  compliance  with  Article  4  of  Directive 
75/442/EEC,  the  treatment  shall,  as  a  minimum,  include  the  removal  of  all  fluids  and  a 
selective treatment in accordance with Annex II to this Directive. 

EN 

25 

   EN 

 
 
 
(cid:208) 2008/34/EC Art. 1.1 (adapted) 

4.  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.  

Thoseose  measuress,  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  184(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. ⌫ 

(cid:208) 2002/96/EC (adapted) 

5. For the purposes of environmental protection, Member States may set up minimum quality 
standards for the treatment of collected WEEE.  

Member  States  which  opt  for  such  quality  standards  shall  inform  the  Commission  thereof, 
which shall publish these standards. 

⌦ 6.  Member  States  shall  encourage  establishments  or  undertakings  which  carry  out 
treatment operations to introduce certified environmental management systems in accordance 
with Regulation (EC) No ⌫ ⌦ xx/20xx ⌫761/2001 of the European Parliament and of the 
Council  of  19  March  2001  ⌦ allowing  voluntary  participation  by  organisations  in  a 
Community eco-management and audit scheme (EMAS). ⌫ 

⌦ Article 9 ⌫ 

⌦ Permits and inspections ⌫ 

(cid:208) 2002/96/EC, Art. 6 (adapted) 

21. Member States shall ensure that any establishment or undertaking carrying out treatment 
operations obtains a permit from the competent authorities, in compliance with ⌦ Article 23 
of Directive 2008/xx/EC on waste ⌫.Articles 9 and 10 of Directive 75/442/EEC. 

2.  The  derogation  from  the  permit  requirement  referred  to  in  Article ⌦ 24(b)  of  Directive 
2008/xx/EC on waste ⌫11(1)(b) of Directive 75/442/EEC may apply to recovery operations 
concerning  WEEE  if  an  inspection  is  carried  out  by  the  competent  authorities  before  the 
registration  in  order  to  ensure  compliance  with  Article  ⌦ 13  of  Directive  2008/xx/EC  on 
waste ⌫.4 of Directive 75/442/EEC. 

The inspection shall verify the following: 

(a) the type and quantities of waste to be treated; 

(b) the general technical requirements to be complied with; 

(c) the safety precautions to be taken. 

EN 

26 

   EN 

 
 
 
 
 
 
 
The inspection shall be carried out at least once a year and the results shall be communicated 
by the Member States to the Commission. 

3.  Member  States  shall  ensure  that  any  establishment  or  undertaking  carrying  out  treatment 
operations stores and  treats  WEEE  in  compliance with the technical requirements set out in 
Annex III. 

43.  Member  States  shall  ensure  that  the  permit  or  the  registration  referred  to  in  paragraphs 
⌦ 1  and ⌫  2  includes  all  conditions  necessary  for  compliance  with  the  requirements  of 
paragraphs 1 ⌦ Article 8(2), 8(3) and 8(5) ⌫ and 3 and for the achievement of the recovery 
targets set out in Article 117. 

⌦ Article10 ⌫ 

⌦ Shipments of WEEE ⌫ 

(cid:208) 2002/96/EC, Art. 6 (adapted) 
(cid:214) new 

15. The treatment operation may also be undertaken outside the respective Member State or 
the  Community  provided  that  the  shipment  of  WEEE  is  in  compliance  with ⌦ Regulation 
(EC) No 1013/2006  of the  European  Parliament and of the Council of 14 June 2006 on the 
shipments  of  waste24 ⌫Council  Regulation  (EEC)  No  259/93  of  1  February  1993  on  the 
supervision  and  control  of  shipments  of  waste  within,  into  and  out  of  the  European 
Community25. 

2. WEEE exported out of the Community in line with ⌦ Regulation (EC) No 1013/2006 on 
shipments of waste ⌫Council Regulation (EEC) No 259/93, ⌦ and Commission Regulation 
(EC) No 1418/2007 of 29 November 2007 concerning the export for recovery of certain waste 
listed  in  Annex  III  or  Annex  IIIA  to  Regulation  (EC)  No  1013/2006  of  the  European 
Parliament and of the Council to certain countries to which the OECD Decision on the control 
of  transboundary  movements  of  wastes  does  not  apply26 ⌫Council  Regulation  (EC)  No 
1420/199927  of  29  April  1999  establishing  common  rules  and  procedures  to  apply  to 
shipments  to  certain  non-OECD  countries  of  certain  types  of  waste  and  Commission 
Regulation  (EC)  No  1547/199928  of  12  July  1999  determining  the  control  procedures  under 
Council  Regulation  (EEC)  No  259/93  to  apply  to  shipments  of  certain  types  of  waste  to 
certain countries to which OECD Decision C(92)39 final does not apply, shall only count for 
the  fulfilment  of  obligations  and  targets  of  Article  117(1)  and  (2)  of  this  Directive  if  the 
exporter  can  prove  that  the  (cid:214) treatment recovery,  re-use  and/or  recycling  operation  took 
place under conditions that are equivalent to the requirements of this Directive. 

24 

25 

26 
27 

28 

OJ  L  190,  12.7.2006,  p.1-98.  Regulation  as  last  amended  by  Commission  Regulation  (EC)  No 
1379/2007 (OJ L 309, 27.11.2007, p. 7). 
OJ  L  30,  6.2.1993,  p.  1.  Regulation  as  last  amended  by  Commission  Regulation  (EC)  No  2557/2001 
(OJ L 349, 31.12.2001, p. 1). 
OJ L 316, 4.12.2007, p. 6 
OJ L 166, 1.7.1999, p. 6. Regulation as last amended by Commission Regulation (EC) No 2243/2001 
(OJ L 303, 20.11.2001, p. 11). 
OJ L 185, 17.7.1999, p 1. Regulation as last amended by Commission Regulation (EC) No 2243/2001. 

EN 

27 

   EN 

 
 
                                                 
6. Member States shall encourage establishments or undertakings which carry out treatment 
operations  to  introduce  certified  environmental  management  systems  in  accordance  with 
Regulation  (EC)  No  761/2001  of  the  European  Parliament  and  of  the  Council  of  19  March 
2001 allowing voluntary participation by organisations in a Community eco-management and 
audit scheme (EMAS)29. 

(cid:216) new 

3.  Detailed  rules  for  the  implementation  of  paragraph  1  and  2,  in  particular  criteria  for  the 
assessment of equivalent conditions, shall be laid down.  

Those  measures  designed 
this  Directive,  by 
supplementing it, shall be adopted in accordance with the regulatory procedure with scrutiny 
referred to in Article 18(3). 

to  amend  non-essential  elements  of 

(cid:208) 2002/96/EC (adapted) 
(cid:214) new 

Article 117 

Recovery ⌦targets ⌫ 

1.  Member  States  shall  ensure  that  producers  or  third  parties  acting  on  their  behalf  set  up 
systems  either  on  an  individual  or  on  a  collective  basis,  in  accordance  with  Community 
legislation,  to  provide  for  the  recovery  of  WEEE  collected  separately  in  accordance  with 
Article 5. Member States shall give priority to the re-use of whole appliances. Until the date 
referred to in paragraph 4, such appliances shall not be taken into account for the calculation 
of the targets set out in paragraph 2. 

12. Regarding (cid:214) all  WEEE (cid:214) separately collected and  sent for treatment in accordance 
with Articles 68, 9 and 10 (cid:214) or for preparation for re-use , Member States shall ensure that, 
by 31 December (cid:214) 2011 2006, producers meet the following (cid:214) minimum targets: 

(a)  for  WEEE  falling  under  categories  1  and  10  of  Annex  IA  (cid:214) to  Directive 
20xx/xx/EC (RoHS) , 

–  (cid:214) 85%  shall  be  recovered ,the  rate  of  recovery  shall  be  increased  to  a 

minimum of 80 % by an average weight per appliance and 

–  (cid:214) 80% shall be prepared for re-use and recycled;  component, material and 
substance re-use and recycling shall be increased to a minimum of 75 % by an 
average weight per appliance; 

(b)  for  WEEE  falling  under  categories  3  and  4  of  Annex  IA  (cid:214) to  Directive 
20xx/xx/EC (RoHS) , 

29 

OJ L 114, 24.4.2001, p. 1. 

EN 

28 

   EN 

 
 
 
 
 
                                                 
–  (cid:214) 80%  shall  be  recovered,   the  rate  of  recovery  shall  be  increased  to  a 

minimum of 75 % by an average weight per applianceand 

–  (cid:214) 70%  shall  be  prepared  for  re-use  and  recycled; component,  material  and 
substance re-use and recycling shall be increased to a minimum of 65 % by an 
average weight per appliance; 

(c)  for  WEEE  falling  under  categories  2,  5,  6,  7,  (cid:214) 8   and  9  of  Annex  IA(cid:214) to 
Directive 20xx/xx/EC (RoHS) , 

–  (cid:214) 75%  shall  be  recovered,   the  rate  of  recovery  shall  be  increased  to  a 

minimum of 70 % by an average weight per applianceand 

–  (cid:214) 55% shall be prepared for re-use and recycled;  component, material and 
substance re-use and recycling shall be increased to a minimum of 50 % by an 
average weight per appliance; 

(d) for gas discharge lamps, (cid:214) 85% shall be prepared for re-use and recycled.  the 
rate  of  component,  material  and  substance  re-use  and  recycling  shall  reach  a 
minimum of 80 % by weight of the lamps 

2. These targets are calculated as weight percentage of separately collected WEEE that is sent 
to recovery facilities.  

(cid:216) new 

3. Member States shall ensure that, for the purpose of calculating these targets, producers or 
third  parties  acting  on  their  behalf  keep  records  on  the  mass  of  WEEE,  their  components, 
materials  or  substances  when  entering  (input)  and  leaving  (output)  the  treatment  facility 
and/or when entering (input) the recovery or recycling facility. 

(cid:208) 2002/96/EC  

Detailed  rules  for  monitoring  the  compliance  of  Member  States  with  the  targets  set  out  in 
paragraph  2,  including  specifications  for  materials,  shall  be  established.  Those  measures, 
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). 

(cid:208) 2008/34/EC Art. 1.2 

(cid:208) 2002/96/EC 
(cid:214) new 

4. The European Parliament and the Council, acting on a proposal from the Commission, shall 
establish  new  targets  for  recovery  and  re-use/recycling,  including  for  the  re-use  of  whole 
appliances as appropriate, and for the products falling under category 8 of Annex IA, by 31 
December 2008. This shall be done with account being taken of the environmental benefits of 
electrical  and  electronic  equipment  in  use,  such  as  improved  resource  efficiency  resulting 
from  developments  in  the  areas  of  materials  and  technology.  Technical  progress  in  re-use, 

EN 

29 

   EN 

 
 
 
 
 
 
 
recovery  and  recycling,  products  and  materials,  and  the  experience  gained  by  the  Member 
States and the industry, shall also be taken into account. 

45. Member States shall encourage the development of new recovery, recycling and treatment 
technologies. 

Article 128 

Financing in respect of WEEE from private households 

1.  Member  States  shall  ensure  that,  by  13  August  2005,  producers  provide  at  least  for  the 
financing of the collection, treatment, recovery and environmentally sound disposal of WEEE 
from private households deposited at collection facilities set up under  Article 5(2). Member 
States,  where  appropriate,  shall  encourage  producers  to  finance  all  the  cost  occurring  for 
collection facilities for WEEE from private households. 

2.  For  products  placedput  on  the  market  later  than  13  August  2005,  each  producer  shall  be 
responsible for financing the operations referred to in paragraph 1 relating to the waste from 
his own products. The producer can choose to fulfil this obligation either individually or by 
joining a collective scheme. 

Member States shall ensure that each producer provides a guarantee when placing a product 
on the market showing that the management of all WEEE will be financed and that producers 
clearly mark their products in accordance with Article 151(2). This guarantee shall ensure that 
the  operations  referred  to  in  paragraph  1  relating  to  this  product  will  be  financed.  The 
guarantee may take the form of participation by the producer in appropriate schemes for the 
financing of the management of WEEE, a recycling insurance or a blocked bank account. 

The  costs  of  collection,  treatment  and  environmentally  sound  disposal  shall  not  be  shown 
separately to purchasers at the time of sale of new products. 

3.  The  responsibility  for  the  financing  of  the  costs  of  the  management  of  WEEE  from 
products placedput on the market before 13 August 2005 the date referred to in paragraph 1 
("historical waste") shall be provided by one or more systems to which all producers, existing 
on the market when the respective costs occur, contribute proportionately, e.g. in proportion 
to their respective share of the market by type of equipment. 

Member States shall ensure that for a transitional period of eight years (10 years for category 
1  of  Annex  IA)  after  entry  into  force  of  this  Directive,  producers  are  allowed  to  show 
purchasers, at the time of sale of new products, the costs of collection, treatment and disposal 
in  an  environmentally  sound  way.  The  costs  mentioned  shall  not  exceed  the  actual  costs 
incurred. 

4. Member States shall ensure that producers supplying electrical or electronic equipment by 
means of distance communication also comply with the requirements set out in this Article for 
the equipment supplied in the Member State where the purchaser of that equipment resides. 

EN 

30 

   EN 

 
(cid:208) 2003/108/EC Art. 1 

Article 139 

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 placedput 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 financing of the costs of management is 
as set out in the third and fourth subparagraphs. 

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  producers  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, responsible for this financing. 

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

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

(cid:208) 2002/96/EC (adapted) 
(cid:214) new 

Article 1410 

Information for users 

1. (cid:214) Member States shall ensure that producers are allowed to show purchasers, at the time of 
sale  of  new  products,  the  costs  of  collection,  treatment  and  disposal  in  an  environmentally 
sound way. The costs mentioned shall not exceed the actual costs incurred.  

21.  Member  States  shall  ensure  that  users  of  electrical  and  electronic  equipment  in  private 
households are given the necessary information about: 

(a)  the  requirement  not  to  dispose  of  WEEE  as  unsorted  municipal  waste  and  to 
collect such WEEE separately; 

(b) the return and collection systems available to them; 

(c)  their  role  in  contributing  to  re-use,  recycling  and  other  forms  of  recovery  of 
WEEE; 

EN 

31 

   EN 

 
 
 
 
 
 
(d)  the  potential  effects  on  the  environment  and  human  health  as  a  result  of  the 
presence of hazardous substances in electrical and electronic equipment; 

(e) the meaning of the symbol shown in Annex IV. 

32.  Member  States  shall  adopt  appropriate  measures  so  that  consumers  participate  in  the 
collection of WEEE and to encourage them to facilitate the process of re-use, treatment and 
recovery. 

43.  With  a  view  to  minimising  the  disposal  of  WEEE  as  unsorted  municipal  waste  and  to 
facilitating  its  separate  collection,  Member  States  shall  ensure  that  producers  appropriately 
mark (cid:214) – in accordance with the European standard EN 5041930 - electrical and electronic 
equipment  placedput  on  the  market  after  13  August  2005  with  the  symbol  shown  in  Annex 
IV.  In  exceptional  cases,  where  this  is  necessary  because  of  the  size  or  the  function  of  the 
product, the symbol shall be printed on the packaging, on the instructions for use and on the 
warranty of the electrical and electronic equipment. 

54. Member States may require that some or all of the information referred to in paragraphs 2 
to 41 to 3 shall be provided by producers and/or distributors, e.g. in the instructions for use or 
at the point of sale. 

Article 1511 

Information for treatment facilities 

1.  In  order  to  facilitate  the  (cid:214) preparation  for re-use  and  the  correct  and  environmentally 
sound  treatment  of  WEEE,  including  maintenance,  upgrade,  refurbishment  and  recycling, 
Member States shall take the necessary measures to ensure that producers provide re-use and 
treatment information for each type of new EEE placedput on the market within one year after 
the  equipment  is  placedput  on  the  market.  This  information  shall  identify,  as  far  as  it  is 
needed  by  re-use  centres,  treatment  and  recycling  facilities  in  order  to  comply  with  the 
provisions  of  this  Directive,  the  different  EEE  components  and  materials,  as  well  as  the 
location of dangerous substances and preparations in EEE. It shall be made available to re-use 
centres, treatment and recycling facilities by producers of EEE in the form of manuals or by 
means of electronic media (e.g. CD-ROM, online services). 

2.  Member  States  shall  ensure  that  any  producer  of  an  electrical  or  electronic  appliance 
placedput  on  the  market  after  13  August  2005  is  clearly  identifiable  by  a  mark  on  the 
appliance. Furthermore, in order to enable the date upon which the appliance was placedput 
on the market to be determined unequivocally, a mark on the appliance shall specify that the 
latter  was  placedput  on  the  market  after  13  August  2005.  ⌦ The  European  Standard  EN 
50419 ⌫  shall  be  applied  The  Commission  shall  promote  the  preparation  of  European 
standardsfor this purpose. 

Article 1612 

(cid:214) Registration,  information and reporting 

30 

Adopted by CENELEC in March 2006 

EN 

32 

   EN 

 
 
 
                                                 
(cid:216) new 

1.  Member  States  shall  draw  up  a  register  of  producers,  including  producers  supplying 
electrical and electronic equipment by means of distance communication in accordance with 
paragraph 2.  

That  register  shall  serve  for  monitoring  compliance  with  the  financing  obligations  under 
Articles 12 and 13. 

2. Member States shall ensure that any producer on their territory can enter in their national 
register  all  relevant  information,  including  reporting  requirements  and  fees,  reflecting  its 
activities across all other Member States.  

The registers shall be inter-operational to exchange such information, including on quantities 
of  electrical  and  electronic  equipment  placed  on  the  national  market  and  for  the  transfer  of 
money related to the intra-Community transfers of products or WEEE. 

3.  The  format  for  registration  and  reporting  and  the  frequency  of  reporting  shall  be 
established. Those measures 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 18(3). 

4.  The  register  can  be  operated  by  collective  producer  responsibility  schemes  set  up  under 
Article 12(2). 

(cid:208) 2002/96/EC (adapted) 
(cid:214) new 

51.  Member  States  shall  draw  up  a  register  of  producers  and  collect  information,  including 
substantiated estimates, on an annual basis on the quantities and categories of electrical and 
electronic  equipment  placedput  on  their  markets,  collected  through  all  routes,  re-used, 
recycled  and  recovered  within  the  Member  States,  and  on  ⌦ separately ⌫  collected 
WEEEwaste exported, by weight or, if this is not possible, by numbers . 

Member States shall ensure that producers  supplying  electrical  and  electronic  equipment  by 
means  of  distance  communication  provide  information  on  the  compliance  with  the 
requirements of Article 8(4) and on the quantities and categories of electrical and electronic 
equipment  put  on  the  market  of  the  Member  State  where  the  purchaser  of  that  equipment 
resides. 

Member States shall ensure that the information required is transmitted to the Commission on 
a  two-yearly  basis  within  18  months  after  the  end  of  the  period  covered.  The  first  set  of 
information  shall  cover  the  years  2005  and  2006.  The  information  shall  be  provided  in  a 
format which shall be established within one year after the entry into force of this Directive in 
accordance  with  the  procedure  referred  to  in  Article  14(2)  with  a  view  to  establishing 
databases on WEEE and its treatment. 

Member States shall provide for adequate information exchange in order to comply with this 
paragraph, in particular for treatment operations as referred to in Article 6(5). 

EN 

33 

   EN 

 
 
 
62. Without prejudice to the requirements of paragraph 1,Member States shall send a report to 
the Commission on the implementation of this Directive (cid:214) and on the information set out in 
paragraph  5 at  three-year  intervals.  The  implementation  report  shall  be  drawn  up  on  the 
basis  of  a  questionnaire  ⌦ laid  down  in  Commission  Decision  2004/249/EC31  and 
Commission Decision 2005/369/EC32 ⌫or outline drafted by the Commission in accordance 
with the procedure laid down in Article 6 of Council Directive 91/692/EEC of 23 December 
1991  standardising  and  rationalising  reports  on  the  implementation  of  certain  Directives 
relating to the environment33. The questionnaire or outline shall be sent to the Member States 
six  months  before  the  start  of  the  period  covered  by  the  report.  The  report  shall  be  made 
available to the Commission within nine months of the end of the three-year period covered 
by it. 

The first three-year report shall cover the period from 20xx04 to 20xx06. 

The  Commission  shall  publish  a  report  on  the  implementation  of  this  Directive  within  nine 
months after receiving the reports from the Member States. 

(cid:208) 2008/34/EC Art. 1.3 (adapted) 
(cid:214) new 

Article 1713 

Adaptation to scientific and technical progress 

Any  Amendments  (cid:214) may  be  made  if   which  are  necessary  in  order  to  adapt  Article 
(cid:214) 16(6)   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 
(cid:214) the  Annexes III and IVto 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 184(3). 

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

(cid:208) 2002/96/EC (adapted) 

Article 1814 

Committee 

1. The Commission shall be assisted by the Committee set up by Article ⌦ 39 of Directive 
2008/xx/EC ⌫18 of Directive 75/442/EEC. 

31 
32 
33 

OJ L 78, 16.3.2004, p. 56 
OJ L 119, 11.5.2005, p. 13 
OJ L 377, 31.12.1991, p. 48. 

EN 

34 

   EN 

 
 
 
                                                 
2. Where reference is made to this paragraph, Articles 5 and 7 of Decision 1999/468/EC shall 
apply, having regard to Article 8 thereof. 

The period laid down in Article 5(6) of Decision 1999/468/EC shall be set at three months. 

3. Where reference is made to this 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. 

(cid:208) 2008/34/EC Art. 1.4 

(cid:208) 2002/96/EC 

Article 1915 

Penalties 

Member  States  shall  determine  penalties  applicable  to  breaches  of  the  national  provisions 
adopted  pursuant  to  this  Directive.  The  penalties  thus  provided  for  shall  be  effective, 
proportionate and dissuasive. 

(cid:216) new 

The Member States  shall  lay  down  the rules on penalties applicable  to infringements of  the 
national provisions adopted pursuant to this Directive and shall take all measures necessary to 
ensure that they are implemented. The penalties provided for must be effective, proportionate 
and  dissuasive.  The  Member  States  shall  notify  those  provisions  to  the  Commission  by  the 
date  specified  in  Article  21  at  the  latest  and  shall  notify  it  without  delay  of  any  subsequent 
amendment affecting them. 

(cid:208) 2002/96/EC 

Article 2016 

Inspection and monitoring 

Member States shall ensure that inspection and monitoring enable the proper implementation 
of this Directive to be verified. 

(cid:216) new 

1. Member States shall carry out appropriate inspections and monitoring to verify the proper 
implementation of this Directive.  

Those inspections shall at least cover exports of WEEE outside the Community in accordance 
with the Waste Shipment Regulation and the operations at treatment facilities in accordance 
with Directive 2008/xx/EC on waste and Annex II of this Directive.  

EN 

35 

   EN 

 
 
 
 
 
 
2. Member States shall carry out the monitoring of shipments of WEEE in accordance with 
the minimum monitoring requirements in Annex I.  

3. Additional rules on inspections and monitoring may be laid down.  

Those  measures  designed 
this  Directive,  by 
supplementing it, shall be adopted in accordance with the regulatory procedure with scrutiny 
referred to in Article 18(3) 

to  amend  non-essential  elements  of 

(cid:208) 2002/96/EC (adapted) 
(cid:214) new 

Article 2117 

Transposition 

1.  Member  States  shall  bring  into  force  the  laws,  regulations  and  administrative  provisions 
necessary  to  comply  with  (cid:214) Articles  2,  3,  5,  6,  7,  11,  14,  16,  19,  20  and  Annex  I   this 
Directive  by  (cid:214) at  the  latest  [18  months  after  the  day  of  this  Directive's  publication  in  the 
Official  Journal  of  the  European  Union]  13  August  2004.  They  shall  (cid:214) forthwith 
communicate to the Commission the text of those provisions and a correlation table between 
those provisions and this Directive.  immediately inform the Commission thereof. 

When Member States adopt these measures, they shall contain a reference to this Directive or 
be accompanied by such reference on the occasion of their official publication. The methods 
of  making  such  a  reference  shall  be  laid  down  by  the  Member  States.  (cid:214) They  shall  also 
include a statement that references in existing laws, regulations and administrative provisions 
to the directives repealed by this Directive shall be construed as references to this Directive. 
Member States shall determine how such reference is to be made and how that statement is to 
be formulated.  

2. Member States shall communicate to the Commission the text of all laws, regulations and 
administrative  provisions  adopted  (cid:214) the  text  of  the  main  provisions  of  national  law  which 
they adopt  in the field covered by this Directive. 

3.  Provided  that  the  objectives  set  out  in  this  Directive  are  achieved,  Member  States  may 
transpose  the  provisions  set  out  in  Articles  86(6),  14(2)10(1)  and  1511  by  means  of 
agreements  between  the  competent  authorities  and  the  economic  sectors  concerned.  Such 
agreements shall meet the following requirements: 

(a) agreements shall be enforceable; 

(b) agreements shall specify objectives with the corresponding deadlines; 

(c)  agreements  shall  be  published  in  the  national  official  journal  or  an  official 
document equally accessible to the public and transmitted to the Commission; 

(d)  the  results  achieved  shall  be  monitored  regularly,  reported  to  the  competent 
authorities  and  the  Commission  and  made  available  to  the  public  under  the 
conditions set out in the agreement; 

EN 

36 

   EN 

 
 
 
 
 
 
(e)  the  competent  authorities  shall  ensure  that  the  progress  reached  under  the 
agreement is examined; 

(f) in case of non-compliance with the agreement Member States must implement the 
relevant  provisions  of  this  Directive  by  legislative,  regulatory  or  administrative 
measures. 

4. (a) 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 EEE consumption, 

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 waste34, 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 this Directive by up to 
24 months. 

These Member States shall inform the Commission of their Decisions at the latest at 
the time of transposition of this Directive. 

(b) The Commission shall inform other Member States and the European Parliament 
of these decisions. 

5. Within five years after the entry into force of this Directive, the Commission shall submit a 
report to the European Parliament and the Council based on the experience of the application 
of  this  Directive,  in  particular  as  regards  separate  collection,  treatment,  recovery  and 
financing systems. Furthermore the report shall be based on the development of the state of 
technology,  experience  gained,  environmental  requirements  and  the  functioning  of  the 
internal market. The report shall, as appropriate, be accompanied by proposals for revision of 
the relevant provisions of this Directive. 

(cid:216) new 

Article 22 

Repeal 

34 

OJ L 182, 16.7.1999, p. 1. 

EN 

37 

   EN 

 
 
 
 
 
 
 
 
 
                                                 
Directive 2002/96/EC as amended by the Directives listed in Annex V Part A is repealed with 
effect from the day after the date mentioned in Article 21,without prejudice to the obligations 
of  the  Member  States  relating  to  the  time-limits  for  transposition  into  national  law  and 
application of the Directive set out in Annex V Part B. 

References  to  the  repealed  Directives  shall  be  construed  as  references  to  this  Directive  and 
shall be read in accordance with the correlation table in Annex VI. 

(cid:208) 2002/96/EC  
(cid:214) new 

Article 2318 

Entry into force 

This  Directive  shall  enter  into  force  on  the  (cid:214) twentieth   day  (cid:214) following    of  its 
publication in the Official Journal of the European Union. 

Article 2419 

Addressees 

This Directive is addressed to the Member States. 

Done at Brussels,  

For the European Parliament 
The President 

For the Council 
The President 

EN 

38 

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Categories of electrical and electronic equipment covered by this Directive 

ANNEX IA 

1. Large household appliances 

2. Small household appliances 

3. IT and telecommunications equipment 

4. Consumer equipment 

5. Lighting equipment 

6. Electrical and electronic tools (with the exception of large-scale stationary industrial tools) 

7. Toys, leisure and sports equipment 

8. Medical devices (with the exception of all implanted and infected products) 

9. Monitoring and control instruments 

10. Automatic dispensers 

EN 

39 

   EN 

 
ANNEX IB 

List of products which shall be taken into account for the purpose of this Directive and 
which fall under the categories of Annex IA 

1. LARGE HOUSEHOLD APPLIANCES 

Large cooling appliances 

Refrigerators 

Freezers 

Other large appliances used for refrigeration, conservation and storage of food 

Washing machines 

Clothes dryers 

Dish washing machines 

Cooking 

Electric stoves 

Electric hot plates 

Microwaves 

Other large appliances used for cooking and other processing of food 

Electric heating appliances 

Electric radiators 

Other large appliances for heating rooms, beds, seating furniture 

Electric fans 

Air conditioner appliances 

Other fanning, exhaust ventilation and conditioning equipment 

2. SMALL HOUSEHOLD APPLIANCES 

Vacuum cleaners 

Carpet sweepers 

Other appliances for cleaning 

EN 

40 

   EN 

 
Appliances used for sewing, knitting, weaving and other processing for textiles 

Irons and other appliances for ironing, mangling and other care of clothing 

Toasters 

Fryers 

Grinders, coffee machines and equipment for opening or sealing containers or packages 

Electric knives 

Appliances for hair-cutting, hair drying, tooth brushing, shaving, massage and other body care 
appliances 

Clocks, watches and equipment for the purpose of measuring, indicating or registering time 

Scales 

3. IT AND TELECOMMUNICATIONS EQUIPMENT 

Centralised data processing: 

Mainframes 

Minicomputers 

Printer units 

Personal computing: 

Personal computers (CPU, mouse, screen and keyboard included) 

Laptop computers (CPU, mouse, screen and keyboard included) 

Notebook computers 

Notepad computers 

Printers 

Copying equipment 

Electrical and electronic typewriters 

Pocket and desk calculators 

and  other  products  and  equipment  for  the  collection,  storage,  processing,  presentation  or 
communication of information by electronic means 

User terminals and systems 

Facsimile 

EN 

41 

   EN 

 
Telex 

Telephones 

Pay telephones 

Cordless telephones 

Cellular telephones 

Answering systems 

and  other  products  or  equipment  of  transmitting  sound,  images  or  other  information  by 
telecommunications 

4. CONSUMER EQUIPMENT 

Radio sets 

Television sets 

Videocameras 

Video recorders 

Hi-fi recorders 

Audio amplifiers 

Musical instruments 

And  other  products  or  equipment  for  the  purpose  of  recording  or  reproducing  sound  or 
images, including signals or other technologies for the distribution of sound and image than 
by telecommunications 

5. LIGHTING EQUIPMENT 

Luminaires for fluorescent lamps with the exception of luminaires in households 

Straight fluorescent lamps 

Compact fluorescent lamps 

High intensity discharge lamps, including pressure sodium lamps and metal halide lamps 

Low pressure sodium lamps 

Other  lighting  or  equipment  for  the  purpose  of  spreading  or  controlling  light  with  the 
exception of filament bulbs 

EN 

42 

   EN 

 
6.  ELECTRICAL  AND  ELECTRONIC  TOOLS  (WITH  THE  EXCEPTION  OF  LARGE-SCALE 

STATIONARY INDUSTRIAL TOOLS) 

Drills 

Saws 

Sewing machines 

Equipment for turning, milling, sanding, grinding, sawing, cutting, shearing, drilling, making 
holes, punching, folding, bending or similar processing of wood, metal and other materials 

Tools for riveting, nailing or screwing or removing rivets, nails, screws or similar uses 

Tools for welding, soldering or similar use 

Equipment  for  spraying,  spreading,  dispersing  or  other  treatment  of  liquid  or  gaseous 
substances by other means 

Tools for mowing or other gardening activities 

7. TOYS, LEISURE AND SPORTS EQUIPMENT 

Electric trains or car racing sets 

Hand-held video game consoles 

Video games 

Computers for biking, diving, running, rowing, etc. 

Sports equipment with electric or electronic components 

Coin slot machines 

8. MEDICAL DEVICES (WITH THE EXCEPTION OF ALL IMPLANTED AND INFECTED PRODUCTS) 

Radiotherapy equipment 

Cardiology 

Dialysis 

Pulmonary ventilators 

Nuclear medicine 

Laboratory equipment for in-vitro diagnosis 

Analysers 

Freezers 

EN 

43 

   EN 

 
Fertilization tests 

Other appliances for detecting, preventing, monitoring, treating, alleviating illness, injury or 
disability 

9. MONITORING AND CONTROL INSTRUMENTS 

Smoke detector 

Heating regulators 

Thermostats 

Measuring, weighing or adjusting appliances for household or as laboratory equipment 

Other  monitoring  and  control  instruments  used  in  industrial  installations  (e.g.  in  control 
panels) 

10. AUTOMATIC DISPENSERS 

Automatic dispensers for hot drinks 

Automatic dispensers for hot or cold bottles or cans 

Automatic dispensers for solid products 

Automatic dispensers for money 

All appliances which deliver automatically all kind of products 

EN 

44 

   EN 

 
(cid:216) new 

ANNEX I 

Minimum monitoring requirements for shipments of WEEE 

1. 

In  order  to  distinguish  between  electrical  and  electronic  equipment  and  WEEE, 
where  the  holder  of  the  object  claims  that  he  intends  to  ship  or  is  shipping  used 
electrical  and  electronic  equipment  and  not  WEEE,  Member  State  authorities  shall 
request the following to back up this claim:  

a) 

b) 

c) 

a  copy  of  the  invoice  and  contract  relating  to  the  sale  and/or  transfer  of 
ownership  of  the  electrical  and  electronic  equipment  which  states  that  the 
equipment is for direct re-use and fully functional;  

evidence  of  evaluation  or  testing  in  the  form  of  a  copy  of  the  records 
(certificate  of  testing,  proof  of  functionality)  on  every  item  within  the 
consignment  and  a  protocol  containing  all  record  information  according  to 
point 2;  

a  declaration  made  by  the  holder  who  arranges  the  transport  of  the  electrical 
and  electronic  equipment  that  none  of  the  material  or  equipment  within  the 
consignment  is  waste  as  defined  by  Article  3(1)  of  Directive  2008/xx/EC  on 
waste, and  

d) 

sufficient  packaging  to  protect  the  shipped  products  from  damage  during 
transportation, loading and unloading.  

2. 

In order to demonstrate that the items being shipped are used electrical and electronic 
equipment  rather  than  WEEE,  Member  States  shall  require  the  following  steps  for 
testing and record keeping for used electrical and electronic equipment to be carried 
out:  

Step1: Testing  

a) 

Functionality should  be tested and hazardous substances should be evaluated. 
The  tests  that  should  be  conducted  depend  on  the  kind  of  electrical  and 
electronic equipment. For most of the used electrical and electronic equipment 
a functionality test of the key functions is sufficient.  

b)  Results of evaluation and testing should be recorded.  

Step2: Record  

a) 

The record should be fixed securely but not permanently on either the electrical 
and electronic equipment itself (if not packed) or on the packaging so it can be 
read without unpacking the equipment.  

b) 

The record shall contain the following information:  

EN 

45 

   EN 

 
 
–  Name  of  item  (Name  of  the  equipment  according  to  Annex  II  and  category 

according to Annex I of Directive 20xx/xx/EC (RoHS);  

–  Identification Number of the item (type no.);  

–  Year of Production (if available);  

–  Name and address of the company responsible for evidence of functionality;  

–  Result of tests as described in step 1;  

–  Kind of tests performed.  

3. 

4. 

In addition to the document requested in point 1, every load (e. g. shipping container, 
lorry) of used electrical and electronic equipment should be accompanied by a: 

a) CMR document,  

b) declaration of the liable person on its responsibility.  

In the absence of appropriate documentation required in point 1 and 3 and packaging, 
Member  State  authorities  shall  presume  that  an  item  is  hazardous  WEEE  and 
presume  that  the  load  comprises  an  illegal  shipment.  In  these  circumstances  the 
relevant  competent  authorities  will  be  informed  and  the  load  will  be  dealt  with  in 
accordance  with  Articles  24  and  25  of  the  Waste  Shipment  Regulation.  In  the 
majority of cases those responsible for the shipment will have to take back the waste 
to  the  country  of  dispatch  at  their  own  expense  and  may  be  liable  to  a  criminal 
sanction. In those Member States where the burden is on the state authorities to prove 
the items are WEEE rather than electrical and electronic equipment, absence of the 
appropriate documentation and packaging is likely to lead to significant delays to the 
onward transport of the waste whilst the necessary investigations are carried out to 
establish the status of the items being shipped. 

EN 

46 

   EN 

 
(cid:208) 2002/96/EC 

ANNEX II 

Selective treatment for materials and components of waste electrical and electronic 
equipment referred toin accordance inwith Article 6(1)8(2) 

1. As a minimum the following substances, preparations and components have to be removed 
from any separately collected WEEE: 

–  polychlorinated  biphenyls  (PCB)  containing  capacitors  in  accordance  with  Council 
Directive 96/59/EC of 16 September 1996 on the disposal of polychlorinated biphenyls and 
polychlorinated terphenyls (PCB/PCT)35, 

–  mercury containing components, such as switches or backlighting lamps, 

–  batteries, 

–  printed circuit boards of mobile phones generally, and of other devices if the surface of the 

printed circuit board is greater than 10 square centimetres, 

–  toner cartridges, liquid and pasty, as well as colour toner, 

–  plastic containing brominated flame retardants, 

–  asbestos waste and components which contain asbestos, 

–  cathode ray tubes, 

–  chlorofluorocarbons  (CFC),  hydrochlorofluorocarbons  (HCFC)  or  hydrofluorocarbons 

(HFC), hydrocarbons (HC), 

–  gas discharge lamps, 

–  liquid  crystal  displays  (together  with  their  casing  where  appropriate)  of  a  surface  greater 

than 100 square centimetres and all those back-lighted with gas discharge lamps, 

–  external electric cables, 

–  components  containing  refractory  ceramic  fibres  as  described  in  Commission  Directive 
97/69/EC  of  5  December  1997  adapting  to  technical  progress  Council  Directive 
67/548/EEC  relating  to  the  classification,  packaging  and  labelling  of  dangerous 
substances36, 

–  components  containing  radioactive  substances  with  the  exception  of  components  that  are 
below  the  exemption  thresholds  set  in  Article  3  of  and  Annex  I  to  Council  Directive 
96/29/Euratom of 13 May 1996 laying down basic safety standards for the protection of the 

35 
36 

OJ L 243, 24.9.1996, p. 31. 
OJ L 343, 13.12.1997, p. 19. 

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health  of  workers  and  the  general  public  against  the  dangers  arising  from  ionising 
radiation37, 

–  electrolyte  capacitors  containing  substances  of  concern  (height  > 25 mm,  diameter 

> 25 mm or proportionately similar volume) 

These  substances,  preparations  and  components  shall  be  disposed  of  or  recovered  in 
compliance with Article 4 of Council Directive 75/442/EEC. 

2.  The  following  components  of  WEEE  that  is  separately  collected  have  to  be  treated  as 
indicated: 

–  cathode ray tubes: The fluorescent coating has to be removed, 

–  equipment  containing  gases  that  are  ozone  depleting  or  have  a  global  warming  potential 
(GWP)  above  15,  such  as  those  contained  in  foams  and  refrigeration  circuits:  the  gases 
must be properly extracted and properly treated. Ozone-depleting gases must be treated in 
accordance  with  Regulation  (EC)  No  2037/2000  of  the  European  Parliament  and  of  the 
Council of 29 June 2000 on substances that deplete the ozone layer38. 

–  gas discharge lamps: The mercury shall be removed. 

3.  Taking  into  account  environmental  considerations  and  the  desirability  of  re-use  and 
recycling, paragraphs 1 and 2 shall be applied in such a way that environmentally-sound re-
use and recycling of components or whole appliances is not hindered. 

4.  Acting  in  accordance  with  the  regulatory  procedure  with  scrutiny  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. 

(cid:208) 2008/34/EC Art. 1.5 (adapted) 

(cid:208) 2002/96/EC 

37 
38 

OJ L 159, 29.6.1996, p. 1. 
OJ L 244, 29.9.2000, p. 1. Regulation as last amended by Regulation (EC) No 2039/2000 (OJ L 244, 
29.9.2000, p. 26). 

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ANNEX III 

Technical requirements referred toin accordance inwith Article 86(3) 

1. Sites for storage (including temporary storage) of WEEE prior to their treatment 
(without prejudice to the requirements of Council Directive 1999/31/EC): 

– 

– 

impermeable  surfaces  for  appropriate  areas  with  the  provision  of  spillage 
collection facilities and, where appropriate, decanters and cleanser-degreasers, 

weatherproof covering for appropriate areas. 

2. Sites for treatment of WEEE: 

– 

– 

– 

– 

– 

balances to measure the weight of the treated waste, 

impermeable  surfaces  and  waterproof  covering  for  appropriate  areas  with  the 
provision of spillage collection facilities and, where appropriate, decanters and 
cleanser-degreasers, 

appropriate storage for disassembled spare parts, 

appropriate  containers  for  storage  of  batteries,  PCBs/PCTs  containing 
capacitors and other hazardous waste such as radioactive waste, 

equipment  for  the  treatment  of  water  in  compliance  with  health  and 
environmental regulations. 

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ANNEX IV 

Symbol for the marking of electrical and electronic equipment 

The symbol indicating separate collection for electrical and electronic equipment consists of 
the crossed-out wheeled bin, as shown below. The symbol must be printed visibly, legibly and 
indelibly. 

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(cid:215) 

ANNEX V 

Part A 

Repealed Directive with its successive amendments  

(referred to in Article 22) 

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

(OJ L 37, 13.02.2003, p.24) 

Directive 2003/108/EC of the European Parliament 
and of the Council  

(OJ L 345, 31.12.2003, p. 106) 

Directive 2008/34/EC of the European Parliament 
and of the Council  

(OJ L 81, 20.03.2008, p. 65) 

Part B 

List of time-limits for transposition into national law 

(referred to in Article 22) 

Directive 

Deadline for transposition 

2002/96/EC 

2003/108/EC 

2008/34/EC 

13 August 2004 

13 August 2004 

- 

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ANNEX VI 

Correlation table 

Directive 2002/96/EC 

This Directive 

Article 1 

- 

Article 2(1) 

Article 2(2) 

- 

Article 2(3) 

Article 2(1) partly 

- 

Annex IB, point 5 

Annex IB, point 8 

- 

- 

Article 1 

Article 2(1) 

Article 2(2) 

Article 2(3), introductory wording 

Article 2(3)(a) 

Article 2(3)(b) 

Article 2(3)(c) 

Article 2(3)(d) 

Article 2(3)(e) 

Article 2(4) 

Article 3(a) to (d) 

Article 3(a) to (d) 

- 

Article 3(e) 

Article 3(f) 

Article 3(g) 

Article 3(h) 

Article 3(i) 

Article 3(j) 

Article 3(k) 

Article 3(l) 

- 

Article 3(m) 

Article 3(e) 

Article 3(f) 

Article 3(g) 

Article 3(h) 

Article 3(i) 

Article 3(j) 

Article 3(k) 

Article 3(l) 

- 

Article 3(m) 

Article 3(n) 

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- 

Article 4 

Article 3(o) to (s) 

Article 4 

Article 5(1) to (3) 

Article 5(1) to (3) 

- 

Article 5(4) 

Article 5(5) 

- 

- 

Article 6(1) 

Article 6(2) 

- 

Article 7 

Article 8(1) 

Article  6(1),  first  and  second  subparagraphs, 
and (3) 

Article  8(2),  (3)  and  (4),  first  subparagraph 
and second subparagraph, first sentence 

Annex II (4) 

Article  8(4),  second  subparagraph,  second 
sentence 

Article 6(1), third subparagraph 

Article 6(6) 

Article 6(2) 

Article 6(4) 

Article 6(5) 

- 

Article 7(1) 

Article 7(2) 

- 

Article 8(5) 

Article 8(6) 

Article 9 (1) and (2) 

Article 9(3) 

Article 10(1) and (2) 

Article 10(3) 

- 

Article 11(1) 

Article11(2) 

Article 7(3), first subparagraph 

Article 11(3) 

Article 7(3), second subparagraph 

Article 7(4) 

Article 7(5) 

Article 8(1) 

- 

- 

Article 11(4) 

Article 12(1) 

Article 8(2), first and second subparagraphs 

Article 12(2), first and second subparagraphs 

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Article 8(2), third subparagraph 

- 

Article 8(3) first subparagraph 

Article 12(3), first subparagraph 

Article 8(3) second subparagraph 

Article 8(4) 

- 

- 

Article 9(1), first subparagraph 

Article 13(1), first subparagraph 

Article 9(1), second subparagraph 

- 

Article 9(1), third subparagraph 

Article 13(1), second subparagraph 

Article 9(1), fourth subparagraph 

Article 13(1), third subparagraph 

Article 9(2) 

- 

Article 10(1) 

Article 10(2) 

Article 10(3) 

Article 10(4) 

Articles 11 

- 

Article 13(2) 

Article 14(1) 

Article 14(2) 

Article 14(3) 

Article 14(4) 

Article 14(5) 

Articles 15 

Article 16(1) to (4) 

Article 12(1), first subparagraph 

Article 16(5) 

Article  12(1),  second, 
subparagraphs 

third  and  fourth 

- 

Article 12(2) 

Article 16(6)  

Article 13 

Article 14 

Article 15 

Article 16 

- 

- 

Article 17(1) to (3) 

Article 17 

Article 18 

Article 19 

Article 20(1), first subparagraph  

Article 20(1), second subparagraph  

Article 20(2) and (3) 

Article 21(1) to (3)  

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Article 17(4) 

- 

Article 18 

Article 19 

Annex IA 

Annex IB 

- 

Annexes II to IV 

- 

- 

- 

Article 22 

Article 23 

Article 24 

- 

- 

Annex I 

Annexes II to IV 

Annex V 

Annex VI 

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LEGISLATIVE FINANCIAL STATEMENT FOR PROPOSALS HAVING A 
BUDGETARY IMPACT EXCLUSIVELY LIMITED TO THE REVENUE SIDE 

1. 

NAME OF THE PROPOSAL: 

Directive  of  the  European  Parliament  and  of  the  Council  on  waste  electrical  and 
electronic equipment (WEEE) repealing Directive 2002/96/EC 

2. 

BUDGET LINES: 

Chapter and Article: 

Amount budgeted for the year concerned: 

3. 

FINANCIAL IMPACT  

⌧  Proposal has no financial implications 

(cid:133) 

Proposal has no financial impact on expenditure but has a financial impact on 
revenue – the effect is as follows: 

(€ million to one decimal place)  

Budget line 

Revenue39 

12 month period, 
starting dd/mm/yyyy

[Year n] 

Article … 

Impact on own resources 

Article … 

Impact on own resources 

Situation following action 

[n+1] 

[n+2] 

[n+3] 

[n+4] 

[n+5] 

Article … 

39 

Regarding  traditional  own  resources  (agricultural  duties,  sugar  levies,  customs  duties)  the  amounts 
indicated must be net amounts, i.e. gross amounts after deduction of 25 % of collection costs. 

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Article … 

4. 

5. 

ANTI-FRAUD MEASURES 

OTHER REMARKS 

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