OPINION OF THE COMMISSIONpursuant to Article 294(7)(c) of the Treaty on the Functioning of the European Union,on the European Parliament's amendment[s]to the Council's position regarding the proposal for a DIRECTIVE OF THE EUROPEAN PARLIAMENT AND OF THE COUNCILon waste electrical and electronic equipment (WEEE)
Date: 2012-04-11
Institutions: European Commission
Subjects: dangerous substance, electrical equipment, electronic equipment, electronic waste, prevention of pollution, waste management

EUROPEAN COMMISSION 

Brussels, 11.4.2012  
COM(2012) 139 final 

2008/0241 (COD) 

OPINION OF THE COMMISSION 

pursuant to Article 294(7)(c) of the Treaty on the Functioning of the European Union,
on the European Parliament's amendment[s] 
to the Council's position regarding the  
proposal for a 

DIRECTIVE OF THE EUROPEAN PARLIAMENT  
AND OF THE COUNCIL 

on waste electrical and electronic equipment (WEEE) 

(Text with EEA relevance) 

 
 
 
 
  
 
 
 
 
 
2008/0241 (COD) 

OPINION OF THE COMMISSION 

pursuant to Article 294(7)(c) of the Treaty on the Functioning of the European Union, 
on the European Parliament's amendment[s] 
to the Council's position regarding the  
proposal for a 

DIRECTIVE OF THE EUROPEAN PARLIAMENT  
AND OF THE COUNCIL 

on waste electrical and electronic equipment (WEEE) 

(Text with EEA relevance) 

1. 

INTRODUCTION 

Article  294(7)(c)  of  the  Treaty  on  the  Functioning  of  the  European  Union  provides  that  the 
Commission is to deliver an opinion on the amendment proposed by the European Parliament 
at second reading. The Commission sets out its opinion below on the amendment proposed by 
the Parliament.  

2. 

BACKGROUND 

On 03 December 2008 the Commission adopted a proposal for a Directive on waste electrical 
and electronic equipment (WEEE). 

The Economic and Social Committee gave its opinion on 11 June 2009. The Committee of the 
Regions adopted its opinion on 04 December 2009. 

The European Parliament adopted its first reading position on 03 February 2011. 

The Council reached a political agreement on the proposal on 14 March 2011 and adopted its 
common position on 19 July 2011. 

The European Parliament adopted its position in second reading on 19 January 2012. 

During the plenary debate of 18 January 2012, the Commission made declarations in order to 
clarify  certain  positions  and  intentions  of  the  Commission,  with  a  view  to  facilitate  an 
agreement in second reading.  

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3. 

OBJECTIVE OF THE COMMISSION PROPOSAL 

Specific objectives of the WEEE recast proposal (2008) were to increase resource efficiency 
and ensure proper treatment of e-waste by setting new collection targets adapted to the reality 
of each Member State. Further objectives were to reduce unnecessary administrative burdens, 
and to ensure better implementation, especially by reversing the burden of proof on exports of 
used equipment suspected to be WEEE. 

4. 

COMMISSION COMMENTS 

At  its  Plenary  Session  of  19  January  2012,  the  European  Parliament  adopted  a  compromise 
package  which  had  been  agreed  with  the  Council  in  view  of  reaching  a  second  reading 
agreement. 

The amendment containing this compromise package concerns essentially: 

–  the establishment of new collection targets per Member State seven years after entry into 

force, with an intermediate target four years after entry into force; 

–  the take-back of small WEEE at large retail shops unless alternative schemes can be shown 

to be at least as effective; 

–  the widening of the scope to include all electrical and electronic equipment, six years after 
entry  into  force,  with  additional  exemptions,  and  after  a  review  to  be  carried  out  by  the 
Commission; 

–  the  harmonisation  of  registration  and  reporting  requirements,  while  acknowledging  that 

these requirements are in principle national to allow for effective enforcement; 

–  the  introduction  of  minimum  requirements  for  shipments  of  used  equipment  which  are 
suspected  to  be  illegal  waste  shipments,  including  reversal  of  the  burden  of  proof,  and 
specific derogations. 

The Commission accepts the compromise package as it is in line with the overall purpose and 
the general characteristics of the proposal.  

The Commission underlines that the minimum requirements for shipments should not hinder 
the legal trade of used equipment. Where there is a suspicion that the shipment is de facto an 
illegal shipment of waste, Annex VI gives Member States the legal instrument to clarify the 
situation. 

5. 

CONCLUSION 

The  Commission  accepts  the  amendment  adopted  by  the  European  Parliament  in  second 
reading according to the above described compromise text of the Council and the European 
Parliament. The Commission adopts the declarations laid down in the annex. 

ANNEX: COMMISSION DECLARATIONS 

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DECLARATION ON PRODUCT-DESIGN 
(WEEE ARTICLE 4) 

Eco-design  measures  can  help  to  facilitate  meeting  the  targets  of  the  Directive  on  waste 
electrical  and  electronic  equipment  in  line  with  the  Roadmap  on  Resource  Efficiency 
(COM(2011)571).  The  Commission  will,  if  and  when  introducing  new  or  reviewing  the 
implementing measures adopted pursuant to Directive 2009/125/EC on products also covered 
by the WEEE Directive, take into account the parameters for re-use and recycling as set out in 
Annex  1  part  1  of  the  Directive  2009/125/EC,  and  assess  the  feasibility  of  introducing 
requirements on re-usability, easy dismantling and recyclability of such products. 

DECLARATION ON SPECIFIC DEROGATIONS FROM THE COLLECTION TARGETS 
(WEEE ARTICLE 7) 

The new WEEE Directive in Article 7(4) creates the possibility for transitional arrangements 
in order to address difficulties faced by a Member State in meeting the collection targets of 
that  Article,  as  a  result  of  specific  circumstances.  The  Commission  underlines  that  high 
collection  targets  of  WEEE  are  important  for  a  resource-efficient  Europe  and  that  the 
transitional  arrangements  can  only  be  applied  in  exceptional  circumstances.  The  difficulties 
faced  and  the  specific  circumstances  on  which  they  are  based  must  be  objective,  well 
documented, and verifiable. 

DECLARATION ON NANOMATERIALS 
(WEEE ARTICLE 8 AND ANNEX VII) 

The European Parliament and the Council have agreed to invite the Commission to evaluate 
whether specific treatment may be necessary to address nanomaterials contained in EEE. In 
this  context  the  Commission  understands  nanomaterials  to  be  those  falling  under  the 
definition  set  out  in  the  Commission  Recommendation  696/2011.  Potential  risks  posed  by 
such nanomaterials would be identified with tools available under the appropriate legislation 
for this purpose. Where specific nanomaterials have been shown to pose risks to human health 
or the environment, the Commission will assess whether specific treatment may be necessary 
and amend Annex VII as appropriate.  

DECLARATION CONCERNING THE USE OF IMPLEMENTING ACTS  
(WEEE ARTICLES 7(5) AND 23(4)) 

The Commission considers that the powers conferred on the Commission in Articles 7(5) and 
23(4)  should  be  delegated  powers,  in  order  to  properly  reflect  the  nature  of  the  powers 
conferred,  in  accordance  with  Article  290  of  the  Treaty  on  the  Functioning  of  the  EU. 
However,  in  a  spirit  of  compromise,  the  Commission  will  not  stand  against  a  qualified 
majority  vote  in  favour  of  the  Presidency  text.  Nevertheless,  on  this  specific  issue,  the 
Commission reserves its right to avail itself of the legal remedies provided by the Treaty with 

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a view to seeking clarification by the Court on the issue of delimitation between Articles 290 
and 291. 

DECLARATION BY THE COMMISSION ON THE PROCEDURE OF ADOPTION 
OF IMPLEMENTING ACTS 

The  Commission  underlines  that  it  is  contrary  to  the  letter  and  to  the  spirit  of  Regulation 
182/2011 (OJ L 55 of 28.2.2011, p. 13) to invoke Article 5 § 4, subparagraph 2, point b) in a 
systematic manner. Recourse to this provision must respond to a specific need to depart from 
the rule of principle which is that the Commission may adopt a draft implementing act when 
no opinion is delivered. Given that it is an exception to the general rule established by Article 
5 § 4 recourse to subparagraph 2, point b), cannot be simply seen as a "discretionary power" 
of the Legislator, but must be interpreted in a restrictive manner and thus must be justified.  

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