REPORT FROM THE COMMISSION TO THE EUROPEAN PARLIAMENT AND THE COUNCIL on the exercise of the power to adopt delegated acts conferred on the Commission pursuant to Directive 2012/19/EU on waste electrical and electronic equipment (WEEE)
Date: 2017-04-18
Institutions: Directorate-General for Environment, European Commission
Subjects: delegated legislation, electrical equipment, electronic equipment, electronic waste, pollution control measures, powers of the institutions (EU), storage of waste, transfer of competence, waste disposal, waste recycling

EN 

   EN 

   EUROPEAN COMMISSION  Brussels, 18.4.2017  COM(2017) 172 final   REPORT FROM THE COMMISSION TO THE EUROPEAN PARLIAMENT AND THE COUNCIL on the exercise of the power to adopt delegated acts conferred on the Commission pursuant to Directive 2012/19/EU on waste electrical and electronic equipment (WEEE)   
 
 
REPORT FROM THE COMMISSION 
TO THE EUROPEAN PARLIAMENT AND THE COUNCIL 
on the exercise of the power to adopt delegated acts conferred on the Commission 
pursuant to Directive 2012/19/EU on waste electrical and electronic equipment (WEEE) 

1. INTRODUCTION 

Directive 2012/19/EU of the European Parliament and of the Council of 4 July 2012 on waste 
electrical  and  electronic  equipment(1)  (the  WEEE  Directive)  lays  down  rules  on  the 
management  of  WEEE  with  a  view  to  contributing  to  sustainable  production  and 
consumption by, as a first priority, the prevention of WEEE and, in addition, by the re-use, 
recycling and other forms of recovery of such waste so as to reduce the disposal of waste and 
to  contribute  to  the  efficient  use  of  resources  and  the  retrieval  of  valuable  secondary  raw 
materials. 

The  WEEE  Directive  empowers  the  Commission  to  adopt  delegated  acts,  as  referred  to  in 
Article 20, with a view to: 

 

 

 

 

laying  down  any  transitional  adjustments  in  order  to  address  difficulties  faced  by 
Member States in adhering to the WEEE collection rates set out in the Directive, as 
provided for in Article 7(4); 
the  possible  amendment  of  Annex  VII  on  selective  treatment  requirements,  to 
introduce other treatment technologies, as provided for in Article 8(4); 
laying down criteria for the assessment of equivalent conditions for the treatment of 
WEEE taking place outside of the EU, as provided for in Article 10(3); 
the  adaptation  of  Article  16(5)  and  Annexes  IV,  VII,  VIII  and  IX  to  scientific  and 
technical progress, as provided for in its Article 19. 

2. LEGAL BASIS 

The present report is required under Article 20(2) of the WEEE Directive. Under this article, 
the  Commission  has  the  power  to  adopt  delegated  acts  for  a  period  of  five  years  from  13 
August  2012.  The  Commission  is  also  required  to  prepare  a  report  in  respect  of  delegated 
powers,  at  the  latest  9  months  before  the  end  of  the  five-year  period.  In  accordance  with 
Article  20(2),  the  delegation  of  power  shall  be  tacitly  extended  for  periods  of  an  identical 
duration, unless the European Parliament or the Council opposes such an extension not later 
than three months before the end of each period. 

1 OJ L 197, 24.7.2012, p. 38. 

2 

 
 
 
 
                                                            
3. EXERCISE OF THE DELEGATION 

During the period covered by this report, the Commission did not make use of any delegated 
powers for the reasons explained below. 

3.1. Transitional adjustments in order to address difficulties faced by Member States in 
adhering to the collection rates set out in the Directive, Article 7(4) 
Article 7(1) of the WEEE Directive introduces a minimum annual collection rate of 45 %, to 
apply from 2016, of the average weight of electrical and electronic equipment (EEE) placed 
on  the  market  in  each  Member  State  in  the  three  preceding  years.  As  a  second  step,  from 
2019, a collection rate of 65 % of the average weight of EEE placed on the market in each 
Member  State  in  the  three  preceding  years  applies,  or  alternatively  85 %  of  the  quantity  of 
WEEE  generated  by  weight  in  a  Member  State  every  year.  Article  7(3)  provides  for  the 
possibility  for  some  Member  States(2)  to  derogate  from  this  requirement.  The  Czech 
Republic, Latvia, Poland, Romania, Slovakia and Slovenia have made use of this derogation. 

Furthermore,  Article  7(4)  of  the  WEEE  Directive  creates  the  possibility  for  transitional 
arrangements  to  address  difficulties  faced  by  a  Member  State  in  meeting  these  collection 
rates. To assess issues that might arise for Member States in meeting the collection targets, 
the Commission requested the services of independent consultants who reviewed the relevant 
statistical  data,  literature  and  technical  information  and  held  consultations,  including  a 
workshop with major stakeholders (Member States, industry associations, extended producer 
responsibility (EPR) compliance systems, NGOs and independent experts) (3). 

The research showed that a key problem faced by Member States is the high rate of collection 
that is unaccounted for in WEEE collection statistics, particularly if collection occurs outside 
the framework of EPR compliance systems or if WEEE is not handled by authorised WEEE 
recyclers.  This  is  amplified  by  limited  enforcement  and  monitoring  capabilities  in  Member 
States.  The  large  and  varied  group  of  actors  involved  in  various  WEEE  management 
activities,  still  limited  public  awareness  and  inadequate  collection  infrastructure  were  also 
identified as barriers to reaching the targets. 

The analysis concluded that while the collection target for 2019 is ambitious, it is feasible if 
Member States make additional efforts to gradually tackle the difficulties identified. This is 
illustrated  by  the  progress  made  by  some  Member  States  that  have  already  achieved  high 
collection rates. 

On  this  basis,  the  Commission  concludes  that  there  was  no  justification,  in  the  form  of 
specific  circumstances,  which  would  have  required  the  adoption  of  a  delegated  act  with 
transitional  adjustments  to  address  difficulties  faced  by  Member  States  in  adhering  to  the 
collection rates set out in the WEEE Directive. 

The  Commission  will  provide  support  and  guidance  to  the  Member  States  to  help  them 
address  possible  difficulties  in  reaching  their  targets  through  a  targeted  initiative  on 
compliance  promotion.  This  is  being  initiated  in  parallel  to  this  report,  with  a  focus  on  the 
key requirements of the WEEE Directive. 

2 Bulgaria, the Czech Republic, Latvia, Lithuania, Hungary, Malta, Poland, Romania, Slovenia and Slovakia. 
3 ‘Study on collection rates on WEEE’: http://ec.europa.eu/environment/waste/weee/events_weee_en.htm. 

3 

 
                                                            
3.2. Amendment of Annex VII, Article 8(4) 
Annex VII refers to the selective treatment for WEEE materials and components. 

Article 8(4) of the WEEE Directive empowers the Commission to amend Annex VII in order 
to introduce other treatment technologies that ensure at least the same level of protection for 
human health and the environment. 

During  the  period  covered  by  this  report,  the  Commission  did  not  receive  any  information 
which would have supported amending Annex VII. 

The  deadline  for  the  transposition  of  the  Directive  was  14  February  2014;  however,  most 
Member  States  transposed  it  with  some  delay  and  in  practice  2016  is  the  first  year  of 
implementation in all 28 Member States. Against this background, an amendment of Annex 
VII has so far not been deemed necessary, and no related delegated acts have been adopted. 

3.3.  Criteria  for  the  assessment  of  equivalent  conditions  for  the  treatment  of  WEEE 
taking place outside the EU, Article 10(3) 
According to Article 10(2) of the WEEE Directive, WEEE exported from the EU will only 
count towards the fulfilment of obligations and targets set out in Article 11 of the Directive if, 
in compliance with Regulations (EC) No 1013/2006 and (EC) No 1418/2007 on shipments of 
waste, the exporter can prove that the treatment took place in conditions that are equivalent to 
the  requirements  of  this  Directive.  Article  10(3)  of  the  Directive  requires  the  Commission, 
not  later  than  14  February  2014,  to  adopt  delegated  acts  laying  down  detailed  rules, 
supplementing  those  in  Article  10(2),  in  particular  concerning  the  criteria  for  assessing 
equivalent conditions for the treatment of WEEE outside the EU. 
To  prepare  for  such  delegated  acts,  the  Commission  carried  out  a  study  (4)  aimed  at 
identifying  and  comparing  potential  options  for  assessing  and  documenting  equivalent 
treatment conditions, and at providing recommendations on the best possible policy option(s). 
The study included a stakeholder consultation. 

Furthermore,  and  in  connection  with  the  requirement  in  Article  8(5)  of  the  Directive  on 
proper  treatment,  the  Commission  asked  the  European  standardisation  organisations  to 
develop  European  standards  for  the  treatment  of  WEEE,  including  recovery,  recycling  and 
preparation for re-use, reflecting the state of the art (5). These standards are expected to assist 
the relevant operators in the EU in complying with the WEEE Directive and operators outside 
the EU in proving that the treatment of WEEE takes place in conditions equivalent to those 
applied in the EU. These standards are under development by CENELEC and are expected to 
be finalised by end of 2017. 

On the basis of the analysis carried out, and taking into consideration the ongoing work on 
the development of European standards for the treatment of WEEE, the Commission carried 
out consultations with the expert group for delegated acts under the Directive, of which the 
Council  and  Parliament  were  notified.  As  a  result  of  the  consultations  it  was  considered 
necessary to await finalisation of the standards for WEEE treatment, given the link between 
the standards and the definition of criteria for the assessment of equivalent conditions for the 
treatment of WEEE exported from the EU. 

4 Study on ‘Equivalent conditions for waste electrical and electronic equipment (WEEE) recycling operations taking place 
outside the European Union’http://ec.europa.eu/environment/waste/weee/pdf/Final%20report_E%20C%20S.pdf 

5 Mandate M/518: http://ec.europa.eu/environment/waste/weee/pdf/m518%20EN.pdf 

4 

 
                                                            
Therefore, during the period covered by this report, the Commission was not in a position to 
adopt  delegated  acts  under  Article  10(3),  although  in  the  context  of  the  EU  environmental, 
raw materials and circular economy policies, this remains a priority. 

3.4.  Adaptation  of  Article  16(5)  and  Annexes  IV,  VII,  VIII  and  IX  to  scientific  and 
technical progress, Article 19 
Article  16(5)  of  the  WEEE  Directive  refers  to  the  Member  States’  obligation  on  reporting. 
Annex IV refers to a non-exhaustive list of EEE that falls within the EEE categories; Annex 
VII  refers  to  the  selective  treatment  for  material  and  components  of  WEEE;  Annex  VIII 
specifies  the  technical  requirements  for  sites  for  storage  and  treatment  of  WEEE  and 
Annex IX presents the symbol for marking EEE. 

During the period covered by this report, no opportunity presented itself for the adaptation of 
Article 16(5) and the above-mentioned Annexes to scientific and technical progress and the 
Commission did not adopt any relevant delegated acts, although this remains a possibility. 
As  part  of  the  Circular  Economy  Package,  the  Commission  has  proposed  (6)  to  amend 
Article 16(5), so as to simplify the reporting obligations of Member States and improve the 
quality of data. 

4. CONCLUSION 

Over the past five years, the Commission has not exercised the delegated powers conferred to 
it  under  Directive  2012/19/EU  for  the  reasons  described  in  this  report.  It  may  do  so  in  the 
future, for the reasons given.  

The Commission invites the European Parliament and the Council to take note of this report. 

6 Proposal for a Directive of the European Parliament and of the Council amending Directives 2000/53/EC on end-of-life 
vehicles,  2006/66/EC  on  batteries  and  accumulators  and  waste  batteries  and  accumulators,  and  2012/19/EU  on  waste 
electrical and electronic equipment (COM(2015) 593 final). 

5