REPORT FROM THE COMMISSION TO THE EUROPEAN PARLIAMENT AND THE COUNCIL on the review of the scope of Directive 2012/19/EU on waste electrical and electronic equipment (the new WEEE Directive) and on the re-examination of the deadlines for reaching the collection targets referred to in Article 7(1) of the new WEEE Directive and on the possibility of setting individual collection targets for one or more categories of electrical and electronic equipment in Annex III to the Directive
Date: 2017-04-18
Institutions: Directorate-General for Environment, European Commission
Subjects: approximation of laws, electrical equipment, electronic equipment, electronic waste, environmental risk prevention, pollution control measures, storage of waste, waste disposal, waste recycling

EN 

   EN 

   EUROPEAN COMMISSION  Brussels, 18.4.2017  COM(2017) 171 final   REPORT FROM THE COMMISSION TO THE EUROPEAN PARLIAMENT AND THE COUNCIL on the review of the scope of Directive 2012/19/EU on waste electrical and electronic equipment (the new WEEE Directive)  and  on the re-examination of the deadlines for reaching the collection targets referred to in Article 7(1) of the new WEEE Directive and on the possibility of setting individual collection targets for one or more categories of electrical and electronic equipment in Annex III to the Directive    
 
 
INTRODUCTION 

This report fulfils the following requirements of Directive 2012/19/EU on waste electrical and 
electronic equipment (1) (the new WEEE Directive): 

1.  Review the scope of the new WEEE Directive as set out in point (b) of paragraph 1 of 
Article  2.  This  includes  the  parameters  for  distinguishing  between  small  and  large 
equipment in Annex III (Article 2(5)). 

2.  Re-examine the deadlines for reaching the collection targets referred to in paragraph 1 
of Article 7 and the possibility of setting individual collection targets for one or more 
categories  in  Annex  III,  particularly  temperature  exchange  equipment,  photovoltaic 
panels,  small  equipment,  small  IT  and  telecommunications  equipment  and  lamps 
containing mercury (Article 7(6)). 

The  purpose  of  this  report  is  to  inform  the  European  Parliament  and  the  Council  of  the 
Commission’s action and conclusions on both issues. 

1 Official Journal L 197, 24.7.2012, p. 38. 

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1.  Review  of  the  scope  of  the  new  WEEE  Directive  including  the  parameters  for 
distinguishing between large and small equipment 

1.1. 

Introduction 

The  review  of  the  scope  of  the  new  WEEE  Directive,  required  under  Article  2(5),  was 
underpinned by a study on the ‘Review of the scope of Directive 2012/19/EU’ carried out for 
the Commission (2). The following tasks were carried out: 

i. 

ii. 
iii. 

iv. 

v. 

identifying changes to the scope of the new WEEE Directive as a result of the change 
to categories of electrical and electronic equipment (EEE) and assessing whether the 
scope of the new WEEE Directive will need to be modified as a consequence of such 
changes; 
reviewing the parameters for distinguishing between small and large equipment; 
comparing potential differences between the open scope of the new WEEE Directive 
and the scope of the RoHS Directive (3), and assessing whether the scope of the new 
WEEE Directive will need to be modified as a consequence of such differences; 
assessing  the  possible  economic,  social  and  environmental  impacts  of  any  possible 
change to the scope of the new WEEE Directive; 
if appropriate, on the basis of this assessment, proposing any changes that would need 
to be made to the scope of the new WEEE Directive. 

The  review  involved  consultation  of  stakeholders  and  experts  in  targeted  interviews  (4)  and 
analysis of documentation relating to the change of scope, in particular by identifying product 
groups that fall under the open scope of the new WEEE Directive. 

The following reflects the key findings of the review. 

1.2. 

Scope review 

The study focused on three aspects of the scope of the new WEEE Directive. 

  The changes made to its scope (from the current 10 categories in Annex I to the new 
WEEE Directive, still applicable during the transitional period, to 6 new categories in 
Annex III. These include two ‘open’ categories, of large and small equipment). 

  The distinction between small and large equipment. 
  The differences between the open scope of the new WEEE Directive and the scope of 

the RoHS Directive. 

2 Final report available on the Commission’s webpage: http://ec.europa.eu/environment/waste/weee/events_weee_en.htm. 
3 Directive 2011/65/EU on the restriction of the use of certain hazardous substances in electrical and electronic equipment 
(Official Journal L 174, 1.7.2011, p. 88). 
4  For  example,  interviews  with  experts  from  Member  States  (e.g.  ADEME-French  Agency  for  the  Environment  and  the 
French  Ministry  of  the  Environment),  experts  from  the  Extended  Producer  Responsibility  Schemes  Association  (i.e.  the 
WEEE Forum), experts from the European WEEE Registers Network, and stakeholders specialised in the product groups the 
study focused on (in particular household lighting, garden equipment and electric bicycles). 

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1.2.1.  Changes  to  the  scope  of  the  new  WEEE  Directive  resulting  from  the  change  to 

categories of electrical and electronic equipment 

Article  2(1),  in  conjunction  with  Annexes  I,  II,  III  and  IV,  sets  out  the  scope  of  the  new 
WEEE Directive. 

According  to  the  new  Directive,  during  the  transitional  period,  from  13 August  2012  to 
14 August 2018, its scope is almost identical to that of Directive 2002/96/EC (the old WEEE 
Directive)(5). The only change is the inclusion of photovoltaic panels in category 4. As this 
inclusion was already assessed in the impact assessment carried out before the recast of the 
old Directive (6), it was not analysed further as part of this assessment. 

From 15 August 2018, the ‘open scope’ will apply. Electrical and electronic equipment will 
be  put  into  six  new  categories  set  out  in  Annex  III  and  IV  to  the  new  Directive  (7).  This 
includes two ‘open’ categories, of large and small equipment, which did not exist previously. 

The  study  first  analysed  whether  all  equipment  the  new  WEEE  Directive  currently  covers 
remains  under  its  scope.  It  concluded  that  the  new  Directive  covers  all  categories  of 
equipment that fall under the scope of the old Directive. It also concluded that ‘opening’ the 
scope  is  expected  to  eliminate  problems  arising  from  different  classification  of  products  by 
Member  States.  This  in  turn  is  expected  to  increase  legal  certainty  and  bring  about  greater 
harmonisation in the implementation of the new Directive. 

Electrical  and  electronic  equipment  the  new  Directive  will  cover  from  2018  onwards  was 
identified  as  household  lighting  and  electric  two-wheel  vehicles  that  are  not  type-approved. 
The  study  found  that  including  these  product  categories  brings  additional  environmental, 
administrative and economic benefits, with implementing costs expected to be minor. 

The  study  also  concluded  that  the  new  Directive  does  not  introduce  new  exemptions.  It 
explicitly  confirms  exemptions  from  its  scope  that  most  Member  States  already  apply  in 
practice.  This  ensures  harmonisation  of  its  implementation.  This  is  in  line  with  the 
Commission’s  position  (8)  that  equipment  that  falls  under  the  scope  of  the  old  Directive 
should not be excluded from its scope in the future. 

In  conclusion,  the  study  confirmed  that  there  are  no  significant  changes  to  the  scope  of  the 
new  WEEE  Directive  as  a  result  of  the  change  to  categories  of  electrical  and  electronic 
equipment. The transition from the 10 to the 6 ‘open’ categories is expected to increase legal 
certainty and bring about greater harmonisation in the implementation of the new Directive. 

5  The  old  WEEE  Directive  applied  to  the  following  categories  of  electrical  and  electronic  equipment:  1)  large  household 
appliances,  2)  small  household  appliances,  3)  IT  and  telecommunications  equipment,  4)  consumer  equipment,  5)  lighting 
equipment,  6)  electrical  and  electronic  tools  (except  large-scale  stationary  industrial  tools),  7)  toys,  leisure  and  sports 
equipment,  8)  medical  devices  (except  all  implanted  and  infected  products),  9)  monitoring  and  control  instruments,  10) 
automatic dispensers. 
6 Study on Photovoltaic Panels: Supplementing the Impact Assessment for a recast of the WEEE Directive (2011). The final 
report is publicly available: http://ec.europa.eu/environment/waste/weee/pdf/Study%20on%20PVs%20Bio%20final.pdf. 
7  These  categories  are  the  following:  1)  temperature  exchange  equipment;  2)  screens,  monitors  and  equipment  containing 
screens  with  a  surface  greater  than  100cm2;  3)  lamps;  4)  large  equipment  (any  external  dimension  greater  than  50cm);  5) 
small  equipment  (no  external  dimension  greater  than  50cm);  6)  small  IT  and  telecommunications  equipment  (no  external 
dimension greater than 50cm). 

8 COM(2011) 478 final (11.8.2011). 

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1.2.2.  Assessment of the parameters for distinguishing between small and large equipment 

The  study  also  examined  whether  the  distinction  between  small  and  large  equipment  (i.e. 
equipment with any external dimension less or greater than 50cm) in the WEEE Directive is 
appropriate. 

While  recognising  that  no  classification  criterion  is  perfect,  the  study  concluded  that  the 
threshold of an external dimension of 50cm to distinguish between small and large equipment 
is  practicable  and  in  line  with  the  practical  constraints  of  end-of-life  operators.  The  size 
criterion also appears to be a key factor in the collection, waste management and end-of-life 
treatment  of  electrical  and  electronic  equipment.  Waste  collection  schemes  and  end-of-life 
treatment and the related infrastructure differ depending on the size of the equipment, which 
is an even more important factor than weight. 

1.2.3.  Assessment of the differences between the scope of the new WEEE Directive and that 

of the RoHS Directives 

The  main  difference  between  both  Directives  is  the  definition  of  electrical  and  electronic 
equipment:  a)  equipment  dependent  on  electric  currents  or  electromagnetic  fields  for  ‘any 
intended function’ (RoHS), or b) equipment dependent on electric currents or electromagnetic 
fields only for ‘a primary (basic) function’ (WEEE). This means that some types of equipment 
that currently fall under the scope of the RoHS Directive are outside the scope of the WEEE 
Directive (e.g. petrol lawn mowers, gas stoves with electronic ignition only). 

The possibility of aligning the scope of the WEEE Directive with that of the RoHS Directive 
was  considered  using  the  example  of  combustion  engine-powered  garden  equipment.  The 
conclusion  was  that  including  such  equipment  in  the  scope  of  the  WEEE  Directive  would 
bring  limited  environmental  benefits.  This  is  because  in  practice,  at  least  80 %  of  such 
equipment  is  already  recycled  at  the  end  of  its  life.  From  an  economic  point  of  view, 
including  such equipment  would result  in  additional costs for producers (e.g. administrative 
costs for the registration of producers on the national register of each Member State in which 
they place electrical and electronic equipment on the market). 

In  summary,  the  disadvantages  of  including  equipment  that  uses  electricity  only  for  a 
secondary  function  in  the  scope  of  the  WEEE  Directive  outweigh  the  possible  advantages. 
Their different objectives and different nature justify the difference between the scope of the 
WEEE  Directive  and  that  of  the  RoHS  Directive.  Further  alignment  with  the  scope  of  the 
RoHS Directive is therefore not justified.  

1.3. 

Conclusion on possible legislative proposal 

Taking into consideration the key findings of the study carried out for a potential review of 
the scope of the new WEEE Directive, no further changes to it are justified. Changes would 
also be disruptive at a time when Member States are still in a period of transition, adjusting to 
the new definitions and scope of the WEEE Directive. 

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2.  Re-examination  of  the  deadlines  for  reaching  the  collection  targets  referred  to  in 
Article 7(1) of the new WEEE Directive and on the possibility of setting individual 
collection targets for one or more categories of electrical and electronic equipment 
in Annex III to the new WEEE Directive 

2.1. 

Introduction 

To  prepare  this  report,  required  under  Article  7(6)  of  the  new  WEEE  Directive,  the 
Commission  contracted independent consultants to  review relevant  statistical data, literature 
and  technical  information.  It  held  consultations,  including  a  workshop,  with  all  major 
stakeholders  (Member  States,  industry  associations,  extended  producer  responsibility 
schemes, NGOs and independent experts) (9). The following tasks were carried out: 

a.  describing difficulties the Member States could face in reaching the collection targets 

set out in Article 7(1) of the new WEEE Directive; 

b.  analysing  the  likely  impact  of  possible  changes  to  the  deadlines  for  reaching  the 

collection targets set out in Article 7(1); 

c.  analysing  the  likely  impact  of  revising  the  collection  target  based  on  the  amount  of 

WEEE generated, as proposed in Article 7(7); 

d.  analysing  the  possibility  of  setting  individual  collection  targets  for  one  or  more 
categories  of  electrical  and  electronic  equipment  set  out  in  Annex  III  to  the  new 
WEEE Directive and if considered appropriate, of presenting proposals to do so. 

The following sets out the key findings of the assessment. 

2.2. 

Re-examination of the deadlines for reaching the collection targets 

The  consultation  with  major  stakeholders  and  the  assessment  of  the  level  of  collection 
Member States have reported for the last few years (10) show that some Member States may 
find it difficult to reach the 2019 collection targets. This will be the case if the current pace of 
collection and collection practices are maintained. The distance from the target and the pace 
of progression have been taken into account to identify Member States at risk of not reaching 
the WEEE collection target. 

A  problem  Member  States  and  key  stakeholders  report  is  the  high  rate  of  collection  that  is 
unaccounted  for  in  WEEE  collection  statistics.  This  is  particularly  the  case  when  collection 
occurs  outside  the  framework  of  extended  producer  responsibility  compliance  systems  or 
when  WEEE  is  not  handled  by  authorised  WEEE  recyclers.  Limited  enforcement  and 
monitoring  capabilities  in  Member  States  exacerbates  this  state  of  affairs.  The  large 
diversified group of people involved in various WEEE management activities, limited public 
awareness  and  inadequate  collection  infrastructure  were  identified  as  additional  obstacles  to 
reaching the targets. 

To address the difficulties some Member States have reaching the 2019 collection rate, two 
adjustments have been considered: 

9 ‘Study on collection rates of WEEE’: http://ec.europa.eu/environment/waste/weee/events_weee_en.htm. 

10 http://ec.europa.eu/eurostat/web/waste/key-waste-streams/weee. 

6 

 
 
                                                            
i. 

Postponing the 2019 deadline to give Member States more time to reach the collection 
target, without prejudice to existing derogations (11); 

ii.  Decreasing  the  collection  target  of  85 %  of  WEEE  generated  without  changing  the 

deadline. 

Postponing  the  deadline  would  give  Member  States  more  time  to  put  in  place  the 
infrastructure  needed  for  WEEE  collection  and  treatment.  They  could  do  this  by  increasing 
the number of collection points, optimising logistics between collection and treatment centres, 
developing  capacities  to  treat  precious  materials  and  maximise  benefits,  and  increase  the 
monitoring of flows being collected. However, the impact assessment carried out in 2008 (12) 
for the review of the old  WEEE Directive showed that it was possible to reach a collection 
target of 65 % of electrical and electronic equipment placed on the market by 2016. It would 
therefore not be appropriate to extend the current deadline. 

With  regard  to  a  possible  revision  of  the  85 %  collection  target  for  WEEE  generated,  the 
collection rates reported by Member States for the last few years and the pace of progression 
towards reaching these targets were taken into account. The conclusion is that Member States 
need  to  tackle  the  problem  of  unreported  quantities  of  WEEE  collected  informally,  because 
this is a significant factor in reaching the target. Considering a revision of the collection target 
without  having  accurate  data  on  unreported  quantities  of  WEEE  would  therefore  not  be 
appropriate  (13).  Postponing  the  deadline  or  lowering  the  collection  target  would  also 
jeopardize  the  achievement  of  the  objectives  of  the  new  WEEE  Directive  and  result  in  a 
significant loss of resources and revenue from the recycling of valuable materials. Lowering 
the collection target would however lower the costs of treating WEEE. This is because there 
would be less WEEE to be treated and it may include waste that is easier to treat and recycle. 
However,  the  total  treatment  costs  are  not  expected  to  vary  significantly  because  of  the 
constant need for investment to keep up with technological development and the economies of 
scale that could compensate for these costs. 

The analysis therefore concluded that revising the collection target downwards or extending 
the deadline would result in a significant loss of economic and environmental benefits. While 
the 2019 collection target is ambitious, it is feasible if Member States do more to gradually 
tackle  the  problems  identified,  especially  the  unreported  quantities  of  WEEE  collected 
through  all  routes  and  the  lack  of  effective  enforcement  and  monitoring  capabilities.  The 
progress made by some Member States that have already achieved high collection rates is a 
testament to this. National measures to put in place activities related to WEEE management 
throughout  the  process,  such  as  compulsory  reporting,  as  required  under  Article  16  of  the 
WEEE Directive, and regular checks by the national authorities, are crucial for reaching the 
target. 

11 According to Article 7(3), by way of derogation, Bulgaria, the Czech Republic, Latvia, Lithuania, Hungary, Malta, Poland, 
Romania, Slovenia and Slovakia may, because they lack the necessary infrastructure and have a low level of consumption of 
electrical and electronic equipment, decide to: 

(a)  reach, from 14 August 2016, a collection target lower than 45 %, but higher than 40 %, of the average weight of 

electrical and electronic equipment placed on the market in the three preceding years; and 

(b)  postpone reaching the 2019 collection target until a date of their choice, no later than 14 August 2021. 

The Czech Republic, Latvia, Poland, Romania, Slovakia and Slovenia have made use of this derogation. 

12 Impact assessment on the proposed Directive on waste electrical and electronic equipment (Dec 2008) (SEC(2008) 2933) 

13  According  to  Article  16(4),  Member  States  shall  collect  information  on  the  quantities  and  categories  of  electrical  and 
electronic equipment placed on their markets and collected through all routes. This gets Member States to collect information 
on WEEE collected using all methods. 

7 

 
 
 
                                                            
The Commission will give the Member States support and guidance in addressing the issues 
behind the difficulties they have reaching the targets. This will be part of a targeted initiative 
to encourage Member States to comply with the WEEE Directive, launched in parallel to this 
report and focusing on the key requirements of the new Directive. 

On  the  basis  of  the  assessment  carried  out,  the  Commission  concludes  that  there  is  no 
justification for revising the deadlines for reaching the current collection target in the WEEE 
Directive, or  for revising the collection  target based on the amount  of  WEEE  generated. At 
this time, revising the new WEEE Directive in such a way would also give rise to a significant 
administrative burden, when the focus should be on implementing the new Directive. 

2.3. 

Examination of the possibility of setting individual collection targets for one or 
more categories of electrical and electronic equipment 

In assessing the impacts and the feasibility of setting individual collection targets for one or 
more of the six categories of electrical and electronic equipment set out in Annex III to the 
new  WEEE  Directive,  two  scenarios  were  considered.  The  baseline  scenario,  reflecting  the 
provisions  of  the  new  Directive,  involved  setting  a  general  collection  target  of  85 %  of  the 
weight  of  WEEE  generated,  applicable  from  2019,  with  no  individual  collection  targets  for 
each category of electrical and electronic equipment. It is assumed that the generic collection 
target  of  85 %  will  be  reached  mostly  by  increasing  the  collection  of  heavy  and  easily 
accessible  WEEE  that  has  a  positive  economic  value  and  is  less  expensive  (or  more 
profitable) to treat. The second scenario looked at individual collection targets of 85 % of the 
weight of WEEE generated in each category of electrical and electronic equipment. 

The analysis carried out aimed to identify the economic, environmental and social impacts of 
the different amounts of WEEE collected in each category in these two scenarios. It showed 
that while setting individual collection targets may bring some economic, environmental and 
social benefits, it is difficult to draw conclusions about the feasibility of setting such targets at 
EU level. Conditions vary across Member States. In some cases the distance from a collection 
target  of  85 %  of  WEEE  generated  in  each  category  is  significant.  There  would  also  be 
additional obligations for stakeholders and Member States (e.g. reporting, monitoring) and a 
significant increase in administrative burden. Changing the existing target at this point in time 
may well be counterproductive and cause confusion. 

Taking into consideration the key findings of the assessment, the Commission concludes that 
it is not appropriate to set individual collection targets in the WEEE Directive at this stage. 

8