Public consultation on the evaluation of the EU
Directive on waste electrical and electronic
equipment (WEEE)
Fields marked with * are mandatory.

Introduction
The European Commission is evaluating Directive 2012/19/EU on waste electrical and electronic
equipment (WEEE), hereinaf ter ref erred to as "the Directive", and theref ore collecting insights into how the
Directive is f unctioning.
The evaluation aims to assess the perf ormance of the Directive against its objectives and expectations.
The evaluation is also looking into how consistent the Directive is with the EU’s wider policy objectives,
including those introduced under the European Green Deal and the Circular Economy Action Plan and will
take into account any other relevant developments in EU environmental and waste policy (e.g., Batteries, Ec
odesign f or Sustainable Products, Restriction of Hazardous Substances in EEE, Waste Shipments, Critical
Raw Materials).
The evaluation covers the implementation of the Directive along with the related secondary legislation and
any related measures and good practices taken at national level in all Member States.
You are invited to respond to the questionnaire according to your level of knowledge and involvement in the
Directive’s implementation or policy.
You can save your answers as draf ts and f inish the survey later. The questionnaire is accessible in all
of f icial EU languages and you may submit your reply in any of these languages.
If you have any questions, please contact the European Commission via ENV-WEEE@ec.europa.eu.

Objectives and Scope
The assessment should explore whether the objectives and scope of the Directive are still applicable and
suf f icient also considering current and f uture needs. The objectives are to protect the environment and
human health by:
preventing or reducing the adverse impacts of the generation and management of WEEE;
reducing the overall impacts of resource use;
improving the ef f iciency of resource use.
To reach these objectives, the Directive sets out measures, inter alia, f or WEEE to be collected separately
f rom unsorted municipal waste, f or proper treatment (recovery and recycling) and promoting (preparing f or)
re-use. It sets ambitious collection targets increasing over time, combined preparing f or re-use and
recycling targets as well as recovery targets. The Directive incorporates extended producer responsibility
(EPR), according to which electrical and electronic equipment (EEE) producers are obliged to f inance
WEEE collection and treatment.

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To what extent do you think the Directive has been effective in achieving the following
main objectives?
Very
Effective

Effective
to some
extent

Don’
Ineffective

t
know

X

* Reduction of WEEE generation
* Reduction of negative impacts on the environment
and on human health during collection and
treatment of WEEE

X

* Efficient use of (primary) resources to produce EEE

X

* Retrieval/ Recycling of secondary raw materials
from WEEE

X

* Application of best available techniques for WEEE
collection and treatment (prevention of emissions,
proper treatment)

X

* Prevention of illegal shipments of WEEE out of the
EU

X

* Establishment of a level playing field between the
Member States

X

For each of the objectives listed below, please indicate and describe the factors that
supported or hindered their achievement.
Objectives
Reduction of WEEE generation

Reduction of negative impacts on the environment and on
human health during collection and treatment of WEEE

Efficient use of (primary) resources to produce EEE

Retrieval/ Recycling of secondary raw materials from
WEEE

Contributing factor

Hindering factor
There are no specific
targets for waste
prevention and reuse.
Treatment standards such
as CENELEC for treatment
of WEEE (EN 50625
series) reduce the negative
impacts. Only with
mandatory treatment
standards the reduction of
negative impacts will
increase.
There are no specific
targets on recycled conetnt
and high quality recycling.
The Directive has a strong
focus on weight. For
example, Member States
have to calculate the
collection rate achieved
every year either on the
basis of the average weight
of EEE placed on their

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market in the three
preceding years or on the
basis of the quantity of
WEEE generated in their
territory. In other words,
legislation has failed to
capture the importance of
recovering materials that
are not necessarily valuable
but that are critical for the
economy at large or certain
sectors, the critical raw
materials.
Application of best available techniques for WEEE
collection and treatment (prevention of emissions,
depollution)

Treatment standards such
as CENELEC for treatment
of WEEE (EN 50625
series) are not mandatory
in EU, as long application
of technology or methods
is voluntary progress will
be slow in this respect.
Export of used EEE to third
countries of used EEE of
low quality that turns into
waste quickly should be
restricted to avoid the
negative local impact.
Enforcement is proven to
be difficult. Therefore
specific requirements for
shipment of items for reuse should be considered
to essentially rule out
illegal exports of e-waste.

Prevention of illegal shipments of WEEE out of the EU

National implementation of
the WEEE Directive has
led to differences between
MS, as a result a level
playing field between MS is
hard to achieve and will
need additional legislation.

Establishment of a level playing field between the Member
States

General aspects
To what extent has the Directive been successful in implementing specific aspects
of the extended producer responsibility principle?
Very
Effective
* Financing the costs for the management of WEEE
by responsible producers (avoiding free-riders)
* Ensuring that sufficient and convenient take-back
possibilities for WEEE from households exist
* Development of appropriate recycling
technologies for WEEE

Effective
to some
extent

Don’
Ineffective

t
know

X

X

X

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* Ensuring that WEEE is managed using best
available techniques

X

* Ensuring knowledge about volumes of EEE put on
the market

X

To what extent do you agree with the following statements?
Neither
The Directive…

Agree

Don’

agree

Disagree

nor

know

disagree
* is well adapted to the changes in the composition (types
of devices, material composition etc.) of WEEE generated

X

* is well adapted to scientific progress regarding
management of hazardous substances

X

* is well adapted to the technological developments in
WEEE treatment

X

* has helped to improve knowledge about WEEE flows
(including materials derived from WEEE treatment)

X

* has promoted research and innovation

X

t

* has helped to establish a well-functioning single market
for secondary raw materials

X

* has contributed to creating additional jobs

X

* implementation does not cause unnecessary costs for
business, citizens and public authorities

X

* Member States would not have achieved as much
progress in the absence of the EU legislation

X

* Member States acting on their own would have incurred
greater expense to achieve the same progress in the

X

absence of EU legislation

WEEE collection
The following reasons were mentioned as hindering the achievement of high levels
of collection. To what extent do you agree that the following reasons are
hindering?
Fully

To a

To

Not

large

some

at

extent

extent

all

Don't
know

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* Insufficient collection systems (e.g. coverage, financing
of EPR, capacities)

X

* Inconvenient collection systems

X

* Collection by the informal sector including scavenging
for valuable parts

X

* Lack of awareness /information about take back
possibilities or about the advantages of not hoarding
WEEE

X

* Enforcement shortcomings

X

* Other

WEEE treatment
* Do you consider that the requirements for the proper treatment of WEEE set out in

Art. 8 and Annex VIII of the Directive are appropriate to minimise pollution as far as
possible and contribute to the efficient use of resources?
Yes
No
* Do you consider the recovery targets set out in Art. 11 and Annex V of the Directive

are appropriate to ensure high levels of material recycling including critical raw
materials and minimizing disposal of WEEE materials?
Yes
No
Following a mandate by the Commission, European Standards for the treatment of
WEEE have been developed (EN 50625 series on WEEE treatment and EN 50614
on WEEE preparing for reuse). What is your experience with the implementation of
these standards?
A treatment standard such as CENELEC for treatment of WEEE (EN 50625 series) reduces
negative impacts. With mandatory treatment standards the reduction of negative impacts will
increase and provide a secure level of proper treatment.

Efficiency of the Directive

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To what extent has the implementation of the Directive affected the following direct costs?
Lowered
significantly
* Adjustment costs (i.e. investment and expenses to adjust to the
requirements of the Directive or national legislation e.g. costs for

Lowered
to some
extent

No
change

Increased
to some
extent

Increased
significantly

Don't
know
/ na

X

implementing treatment standards)
* Administrative costs

X

* Enforcement costs (linked to the implementation of an initiative such
as monitoring, inspections etc.)
* Hassle costs (e.g. because of deficiencies in the administrative
implementation of legislation)

X

X

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To what extent has the implementation of the Directive affected the following indirect costs?
Lowered

Lowered to

No

Increased to

Increased

significantly

some extent

change

some extent

significantly

Don't
know /
na

* Transaction costs (e.g. due to renegotiation of contracts
due to the requirements of the Directive)

X

* Opportunity costs (e.g. costs of foregone alternative
investments to comply with legal obligations)

X

* Indirect compliance costs (e.g. because other stakeholders
must comply with legislation.)

X

* Offsetting/substitution costs (e.g. related to reliance on
alternative sources of supply)

X

* Environmental costs (e.g. related to negative externalities ,
e.g., illegal e-waste export)

X

* Indirect social costs (e.g. jobs lost due to increased costs
of compliance)

X

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What other direct or indirect costs, if any, have you experienced related to the
Directive?
No data available.
Art. 12 of the Directive lays down f inancing obligations by responsible producers to at least f inance the
collection, treatment, recovery and environmentally sound disposal of WEEE f rom households.
* In your opinion: To what extent are the costs associated with the management of

WEEE covered by this producer financing obligation?
Fully covered
To a large extent
To some extent

Coherence and EU added value
Are there any provisions in the Directive you consider obsolete? If so, which
ones and why?
Attached paper contains the main viewpoints from the Netherlands on the issues that should
be considered in the process of the review. We think further steps are urgently needed in
order to fully contribute to the circular economy .

Do you see any deficits in the adaptation of the Directive to scientific and
technical progress?
Since the publication of the WEEE Directive, several publications indicate a larger amount of
hazardous components in WEEE than mentioned in Annex 7 of the directive, are not
depolluted properly. Especially substances of (very) high concern are a thread to the circular
economy so mandatory removal of components with these substances from WEEE prior to
size reduction should be usual. Therefore an update on the materials and the components as
listed in Annex 7 is relevant and should be considered.

Are you aware of any unexpected or unintended effects caused by the
Directive? If so, which ones?
There is no emphasis on waste prevention and reuse at all in the current Directive, so the
focus is mainly on collection and recycling. Achieving the collection target is the main driver
for action skipping opportunities for repair and reuse.

Which EU and international (non-EU) legislation do you consider relevant for the
EU (W)EEE market?
We think the chosen approach for the Batteries Regulation could also very well be applicable
to WEEE, meaning a regulation as legislative concept and dealing with all aspects in the life
cycle of EEE with regard to due diligence, sustainability, extended producer responsibility,
waste management and conformity.
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What is your opinion about the links between the Directive and the Ecodesign
Directive?
The link is simply too weak and lacks interaction in a uniform manner.

What is your opinion about the links between the Directive and the Directive on
the restriction of the use of certain hazardous substances in EEE (RoHS)?
Both legislations should be consistent with each other and be of additional value.

Have you encountered any gaps, contradictions, overlaps or missing links between
the Directive and other EU legislation? Please elaborate, if yes.
The regulation for WEEE should quickly be updated to the standards of the new Batteries
Regulation and the recent proposal for a Regulation on circular vehicles. Harmonized and
consistent legislation will support a smooth transition to circular economy in a level playing
field.

Have you encountered any gaps, contradictions, overlaps or missing links within
the Directive? Please elaborate, if yes.
Please take note of the attached/uploaded paper containing the main viewpoints of the
Netherlands on the review of the WEEE Directive.

Did you encounter any (potential) incoherences with the strategic direction of
certain EU policies?
Especially the lacking of clear incentives or targets for reuse, repair or refurbishment aiming
at extending the value of products instead of focussing on recycling by setting the right
secific and differentiated targets.
* Do you think that the issues addressed by the Directive continue to require

action at EU level?
Yes
No
Do you see the Directive being effective as a legal instrument? Please elaborate.
The Netherlands consider the current implementation of the WEEE Directive as being a solid
foundation that offers the opportunity for taking further steps by the e-waste sector in
contributing to the circular economy. We think those further steps are urgently needed in
order to minimize our environmental footprint and preventing e-waste whenever possible.

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