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P5_TA(2002)0160

RECOMMENDATION FOR SECOND READING     ***II
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25 March 2002
PE 312.625 A5-0100/2002
on the Council common position for adopting a European Parliament and Council directive on waste electrical and electronic equipment
(11304/1/2001 – C5‑0636/2001 – 2000/0158(COD))
Committee on the Environment, Public Health and Consumer Policy
Rapporteur: Karl-Heinz Florenz
PROCEDURAL PAGE
 DRAFT LEGISLATIVE RESOLUTION
 EXPLANATORY STATEMENT

PROCEDURAL PAGE

At the sitting of 15 May 2001 Parliament adopted its position at first reading on the proposal for a European Parliament and Council directive on waste electrical and electronic equipment (COM(2000) 347 - 2000/0158 (COD)).

At the sitting of 13 December 2001 the President of Parliament announced that the common position had been received and referred to the Committee on the Environment, Public Health and Consumer Policy (11304/1/2001 - C5-0636/2001).

The committee had appointed Karl-Heinz Florenz rapporteur at its meeting of 19 June 2000.

The committee considered the common position and draft recommendation for second reading at its meetings of 19 February 2002 and 21 March 2002.

At the latter meeting it adopted the draft legislative resolution unanimously.

The following were present for the vote: Caroline F. Jackson, chairman; Karl-Heinz Florenz, rapporteur; Per-Arne Arvidsson, Hans Blokland, David Robert Bowe, Dorette Corbey, Carlos Costa Neves, Chris Davies, Marianne Eriksson (for Jonas Sjöstedt), Anne Ferreira, Monica Frassoni (for Hiltrud Breyer), Laura González Álvarez, Robert Goodwill, Françoise Grossetête, Cristina Gutiérrez Cortines, Daniel J. Hannan (for Martin Callanan), Anneli Hulthén, Piia-Noora Kauppi (for María del Pilar Ayuso González), Christa Klaß, Eija-Riitta Anneli Korhola, Bernd Lange, Paul A.A.J.G. Lannoye (for Marie Anne Isler Béguin), Peter Liese, Torben Lund, Jules Maaten, Minerva Melpomeni Malliori, Erik Meijer (for Pernille Frahm), Jorge Moreira da Silva, Riitta Myller, Giuseppe Nisticò, Mauro Nobilia, Marit Paulsen, Fernando Pérez Royo (for Rosemarie Müller), Frédérique Ries, Dagmar Roth-Behrendt, Guido Sacconi, Karin Scheele, Ursula Schleicher (for Avril Doyle), Peter William Skinner (for Catherine Stihler), Renate Sommer (for Marialiese Flemming), María Sornosa Martínez, Bart Staes (for Patricia McKenna), Dirk Sterckx (for Astrid Thors), The Earl of Stockton (for John Bowis), Robert William Sturdy (for Cristina García-Orcoyen Tormo), Charles Tannock (for Christa Klaß), Antonios Trakatellis, Kathleen Van Brempt, Phillip Whitehead and Eurig Wyn (for Alexander de Roo).

The recommendation for second reading was tabled on 25 March 2002.

The deadline for tabling amendments will be indicated in the draft agenda for the relevant part-session.


DRAFT LEGISLATIVE RESOLUTION

European Parliament legislative resolution on the Council common position for adopting a European Parliament and Council directive on waste electrical and electronic equipment (11304/1/2001 – C5‑0636/2001 – 2000/0158(COD))

(Codecision procedure: second reading)

The European Parliament,

–   having regard to the Council common position 11304/1/2001 – C5‑0636/2001),

–   having regard to its position at first reading(1) on the Commission proposal(2) to Parliament and the Council (COM(2000) 347),

–   having regard to the Commission's amended proposal (COM(2001) 315(3)),

–   having regard to Article 251(2) of the EC Treaty,

–   having regard to Rule 80 of its Rules of Procedure,

–   having regard to the recommendation for second reading of the Committee on the Environment, Public Health and Consumer Policy (A5‑0100/2002),

1.   Amends the common position as follows;

2.   Instructs its President to forward its position to the Council and Commission.

Council common position   Amendments by Parliament
Amendment 1
Recital 8a (new)
 

(8a)    The guiding principle behind this Directive should be that of extended producer responsibility. The directive should also apply the principle of the internalisation of external costs.

Justification

Reintroduces Amendment 2 from first reading. Producers should be financially responsible for their products when these become waste so as to create an upstream effect which leads to design for the environment, bearing in mind the durability, reparability or upgrading, disassembly and recycling of the product.

Amendment 2
Recital 10 a (new)
 

(10a)   The Directive on batteries containing dangerous substances needs to be revised as soon as possible in connection with this Directive.

Justification

Reintroduces Amendment 5 from the first reading.

The Commission has been working for a number of years on a proposal to review the Directive on batteries containing dangerous substances (91/157/EEC). It is important for the revised 'Batteries Directive' to tie in with this Directive. The Commission proposal should be forwarded to Parliament and the Council as soon as possible.

Amendment 3
Recital 11

(11)   By establishing producer responsibility this Directive encourages the design and production of electrical and electronic equipment which take into full account and facilitates their repair, possible upgrading, re-use, disassembly and recycling.

(11)   By establishing extended producer responsibility this Directive is one of the means through which Member States should enforce the design and production of electrical and electronic equipment which take into full account and facilitates their repair, possible upgrading, re-use, disassembly and recycling.

Justification

Producer responsibility will not encourage a more environmentally-friendly design of EEE unless producers are individually financially responsible for their own waste and unless Member States strongly enforce these principles.

To prevent manufacturers installing a variety of 'clever chip' electronic devices designed to prevent the re-use or recycling of both the equipment and consumables such as printer cartridges, Member States should enforce the principle of such equipment being designed to facilitate rather than prohibit further re-use or recycling. Since first reading, a number of manufacturers have begun to install such devices. For example, ink-jet cartridges have been fitted with termination devices which burn out the print heads rather than allow the cartridge to be refilled. Obviously, such measures frustrate Parliament's clearly expressed wish to encourage re-use and recycling. The rapid development of technology makes it likely that practices of this kind will proliferate unless legislative measures are taken to deter them. This amendment reflects more clearly the type of electrical and electronic equipment which should be covered by this Directive.

Amendment 4
Recital 11a (new)
 

(11a)   In order to guarantee the health and safety of distributors' personnel involved in the take-back and handling of WEEE, Member States should, in accordance with national and EU health, hygiene and safety standards, determine the conditions under which take-back may be refused by distributors.

Justification

A number of retailers and distributors handle both foodstuffs and electrical goods. Therefore, specific attention has to paid to hygiene requirements.

This amendment aims to ensure that the WEEE Directive is consistent with the proposal for a regulation on the hygiene of foodstuffs (COM(2000) 438), which was submitted to Parliament after first reading of this directive.

Amendment 5
Recital 12

12.   Separate collection is the 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. The provisions of this Directive do not restrict the sources of financing available for such collection systems, which could include, for example, contributions from distributors and/or producers.

12.   Separate collection is the 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.

Justification

The final sentence must be deleted, as it would jeopardise the harmonisation of provisions on producer responsibility. The framework conditions for sources of financing must be appropriately defined in this Directive in order to prevent distortions of competition arising from the differences in the financial burden on economic operators in the internal market, which is something the Council itself calls for in recitals 8 and 16.

Amendment 6
Recital 13

(13)   A collection target for WEEE used by private households should be fixed in order to attain the chosen level of protection and harmonised environmental objectives of the Community and more specifically to ensure that Member States strive to set up efficient collection schemes.

(13).   In order to attain the chosen level of protection and harmonised environmental objectives of the Community Member States should ensure that WEEE is no longer disposed of together with unsorted urban waste and that all WEEE is collected separately. In order to ensure that Member States strive to set up efficient collection schemes, they should be required, without prejudice to the objective of collecting all waste equipment separately, to produce evidence of the collection of an average of at least six kilograms of WEEE from private households per inhabitant per year

Justification

Reintroduces Amendment 9 from first reading. Corresponds to Compromise Amendment 1 (tabled by Karl-Heinz Florenz, Kathleen Van Brempt, Chris Davies, Dirk Sterckx, Alexander de Roo, Heidi Anneli Hautala, Jonas Sjöstedt and Hans Blokland) adopted by the Committee on the Environment on 24 April 2001.

Amendment 7
Recital 15

(15)   Whilst giving priority to the re-use of whole appliances, a high level of recycling and recovery should be achieved and producers should be encouraged to integrate recycled material in new equipment.

(15)   With the exception of appliances to be completely re-used, all WEEE collected separately should be sent for recovery, in the course of which as high as possible a level of recycling and recovery should be achieved. Where appropriate, priority should be given to the re-use of WEEE and its components, sub-assemblies and consumables. In addition, producers should be encouraged to integrate recycled material in new equipment.

Justification

Reintroduces part of Amendment 82 from first reading so as to ensure that, with the exception of appliances to be completely re-used, all WEEE collected separately is sent for recovery.

Since first reading, a number of manufacturers have begun to install a variety of 'clever chip' electronic devices designed to prevent the re-use or recycling both of the equipment and of consumables and sub-assemblies such as printer cartridges. Such devices, for example ink-jet cartridges, have been fitted with termination devices which burn out the print heads rather than allow the cartridge to be refilled. Obviously, such measures frustrate Parliament's clearly expressed wish to encourage re-use and recycling. The rapid development of technology makes it likely that practices of this kind will proliferate unless legislative measures are taken to deter them. This amendment reflects more clearly the scope of electrical and electronic equipment which should be covered by this Directive.

Amendment 8
Recital 15 a (new)
 

(15a)   Member States shall ensure that used electrical and electronic equipment exported to non-EU countries is suitable and intended for re-use and not for recycling, recovery, removal or final processing.

Justification

Reintroduces Amendment 14 from first reading.

The risk of WEEE being dumped under the guise of re-use in countries outside the EU is not inconceivable. Member States should ensure that only serviceable electrical and electronic equipment is exported to non-EU countries and actually re-used.

Amendment 9
Recital 16

(16)   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. In order to achieve the benefits of the producer responsibility concept most efficiently, producers should be encouraged to fulfil their responsibility individually, provided that they contribute to the financing of the management of waste from products put on the market before the entry into force of the financing obligation introduced by this Directive and waste coming from producers that are no longer present on the market or which can no longer be identified at the time when the costs occur.

(16)   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.

Justification

Reintroduces Amendment 15 from first reading. It makes more sense to set out the details concerning producer responsibility in recital 17.

Amendment 10
Recital 17

(17)   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 collection from collection facilities, and the treatment, recovery and disposal of WEEE. Such financing could take into account the actual costs for the handling of a product on an individual basis. The responsibility for the financing of the management of historical waste should be shared by all existing producers and fulfilled through either individual or collective systems. Collective systems should not have the effect of excluding niche and low-volume producers, importers and new entrants. The provisions of this Directive do not restrict the sources of contribution available for such financing systems, which could include, for example, contributions through a visible fee, provided it is compatible with internal market and competition rules.

(17)   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 collection from collection facilities, and the treatment, recovery and disposal of WEEE. In order to give maximum effect to the concept of producer responsibility, producers should as far as possible meet the financing requirement individually. The responsibility for the financing of the management of historical waste should, however, be shared collectively by all producers existing at the time when the costs arose, in proportion to their respective share of the market by type of equipment. Member States should ensure that, for a transitional period based on the average life of equipment, but for no longer than ten years after the entry into force of this Directive, producers are allowed to show users the cost of collecting, treating and disposing in an environmentally sound way of historical waste on a voluntary basis at the point of sale of new products. Manufacturers making use of this provision should ensure that the costs mentioned represent the actual costs incurred.

Justification

Reintroduces (in terms of substance) Amendments 16 and 17 from first reading. Corresponds to Compromise Amendment 2 (tabled by Karl-Heinz Florenz, Kathleen Van Brempt, Chris Davies, Dirk Sterckx, Alexander de Roo, Heidi Anneli Hautala, Jonas Sjöstedt and Hans Blokland) adopted by the Committee on the Environment on 24 April 2001.

Amendment 11
Recital 18

(18)   Information to users 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.

(18)   Information to users about the obligation no longer to dispose of waste equipment together with unsorted urban waste and to collect all such waste 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.

Justification

Reintroduces Amendment 18 from first reading. Users must be informed that waste equipment is no longer to be disposed of together with unsorted household rubbish or other unsorted urban waste and is to be collected separately.

Amendment 12
Recital 19a (new)
 

(19 a) Member States should ensure that inspection and monitoring systems are in place for the proper implementation of the requirements of this Directive.

Justification

Reintroduces Amendment 20 from first reading.

One of Parliament's priorities is to make sure that environmental legislation is properly implemented. This was reiterated in the conciliation procedure on an EU recommendation on minimum criteria for environment inspections.

Amendment 13
Recital 20

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

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

Justification

Reintroduces part of Amendment 21 from first reading. To monitor the implementation of the Directive, information on all routes of the waste stream is necessary. Export of WEEE will be allowed within and outside the EU, but this should not lead to excessive waste transport, and a geographical shift of environmental problems should not be encouraged. Monitoring of exports can give the authorities the necessary information on this waste stream.

Amendment 14
Article 2, paragraph 1

1.   This Directive shall apply to electrical and electronic equipment falling under the categories set out in Annex IA 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.

1.   This Directive shall apply to electrical and electronic equipment falling under the categories set out in Annex IA, including cables and spare and replacement parts thereof, and to WEEE regardless of how the equipment was serviced or repaired during its life and whether it was equipped with parts supplied by the producer or other parts whose incorporation as spare or replacement parts complied with the relevant Community or national regulations. Annex IB contains a list of products which fall under the categories set out in Annex IA.

Justification

Reintroduces Amendment 23. Not only spare parts and replacement parts, but also electric cables should be taken into account, as they also contain hazardous substances and should be treated separately.

Amendment 15
Article 2, paragraph 4

4.   Member States may exempt small independent manufacturers as defined in Article 3(i)(a), with a turnover of less than EUR 2 million and fewer than 10 employees, from the financing requirements in Articles 7 and 8 for a period not exceeding 5 years after the entry into force of this Directive. Member States making such exemptions shall report annually to the Commission on the number of firms concerned, the number of products and on any adverse effects whereby particular attention should be given to possible distortions of the internal market.

Deleted.

Justification

This paragraph must be deleted because an exception of this kind

-   would adversely affect the employment potential of firms with fewer than ten employees,

-   could result in firms with ten or more employees cutting jobs so as to come within its scope,

-   would result in distortion of competition owing to unequal treatment of producers, and

-   would imply that the financing responsibility of the firms covered by the exception would have to be borne by all other producers.

Amendment 16
Article 3, point b

(b)   "waste electrical and electronic equipment" or "WEEE" means electrical or electronic equipment which is waste within the meaning of Article 1(a) of Directive 75/442/EEC, including all components, sub-assemblies and consumables, which are part of the product at the time of discarding;

(b)   "waste electrical and electronic equipment" or "WEEE" means electrical or electronic equipment which is waste within the meaning of Article 1(a) of Directive 75/442/EEC, including all components, sub-assemblies, and consumables;

Justification

Reintroduces Amendment 26 from first reading.

Amendment 17
Article 3, point (i), sub-point (b)

(b)   resells under his own brand equipment produced by other suppliers, or

(b)   resells under his own brand equipment produced by other suppliers, a reseller not being regarded as the producer if the name of the producer as defined in sub-point (a) appears on the equipment, or

Justification

Reintroduces Amendment 29 from first reading. This amendment takes account of the problems associated with dual branding by ensuring that firms which put their own brand names on products in addition to the names of the actual producers but have no influence over product design are excluded from the definition of the term 'producer' and the associated obligations.

Amendment 18
Article 3, point (i), subpoint ca (new)
 

(ca).   Where a producer supplies and/or provides and/or distributes any electrical or electronic equipment (or products containing electrical and electronic equipment) which that person has imported into any Member State to another person ('first holder') under or pursuant to any finance agreement, the first holder shall be deemed to be the professional importer for the purposes of this Directive.

Justification

Reintroduces Amendment 25 from first reading.

Amendment 19
Article 3, point l a (new)
 

(la)   'individual financing' means the responsibility of each producer for the costs associated with its own products;

Justification

Reintroduces Amendment 33 from first reading. The definition clarifies the wording of Article 7.

Or.   en

Amendment 20
Article 3, point lb (new)
 

(lb)   'collection facility' means any establishment taking back WEEE from the final holder. Retailers could also be considered as collection facilities;

Justification

Reintroduces Amendment 32 from first reading.

This new definition should help increase the clarity of the Directive, especially Article 7(1) thereof.

Amendment 21
Article 3, point lc (new)
 

(lc)   '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;

Justification

Reintroduces Amendment 31 from first reading.

Amendment 22
Article 3 a (new)
 

3a.   Member States shall ensure that producers take all reasonable steps to place on the market only such electrical and electronic equipment which, so far as practical and consistent with safety requirements, has been designed and manufactured in a such a way as not to prevent:

 

(a)   its being re-used, in whole appliances or in parts (components, sub-assemblies and consumables);

 

(b)   its being able to be used in conjunction with re-usable or re-used components, sub-assemblies and consumables;

 

(c)   its being recycled in whole or part.

Justification

Since first reading, a number of major manufacturers have installed a variety of 'clever chip' electronic devices designed to prevent the re-use or recycling both of the equipment and of consumables such as printer cartridges. For example, ink-jet cartridges have been fitted with termination devices which burn out the print heads rather than allow the cartridge to be refilled. Obviously, such measures frustrate Parliament's clearly expressed wish to encourage re-use and recycling. The rapid development of technology makes it likely that practices of this kind will proliferate unless legislative measures are taken to deter them. The legal basis for this article is Article 175. Similar requirements have been included in the End-of-Life Vehicles Directive.

Amendment 23
Article 4
 

-   1. Member States shall ensure that by … [30 months after this Directive comes into force] WEEE is no longer disposed of together with unsorted urban waste and all WEEE is collected separately.

1.   For WEEE from private households, Member States shall ensure that thirty months after the entry into force of this Directive:

1.   For WEEE from private households, Member States shall ensure that thirty months after the entry into force of this Directive:

(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;

(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. Distributors may do so by means of alternative arrangements, such as by accepting the waste at the point of purchase or delivery or by means of equivalent arrangements with third parties acting on their behalf, provided that returning the WEEE remains free of charge and is not made more difficult for the final holder.

(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. Distributors may do so by means of alternative arrangements, such as by accepting the waste at the point of purchase or delivery or by means of equivalent arrangements with third parties acting on their behalf, provided that returning the WEEE remains free of charge and is not made more difficult for the final holder.

However, Member States may, for a period not exceeding 5 years after the entry into force of this Directive, set up or facilitate alternative free take-back systems provided that returning the WEEE is not thereby rendered more difficult for the final holder. Member States making use of this provision shall inform the Commission thereof.

Member States may depart from this provision provided they ensure that returning the WEEE is not thereby rendered more difficult for the final holder. Member States making use of this provision shall inform the Commission thereof.

Without prejudice to the provisions of (a) and (b), Member States may allow producers to set up and operate individual and/or collective take-back systems for their WEEE.

Without prejudice to the provisions of (a) and (b), Member States shall ensure that producers can set up and operate individual and/or collective take-back systems for their 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 or has been contaminated during use (particularly radioactive and biological contaminants).

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.

 

Member States shall ensure that WEEE regarded as externally contaminated, including by radioactive and biological contaminants, or as hazardous and liable to present a health or safety risk to personnel, is taken back in specific collection facilities staffed by personnel trained for the task and equipped with the necessary state-of-the-art technology.

 

In accordance with the provisions of Directives 67/548/EEC and 88/379/EEC, and having regard to national and Community health and safety standards, distributors may refuse to take back WEEE deemed to be contaminated, including by radioactive and biological contaminants, or hazardous and liable to present a health or safety risk to personnel.

2.   In the case of WEEE other than WEEE from private households, and without prejudice to Article 8, Member States shall ensure that producers or third parties acting on their behalf provide for the collection of such waste.

2.   Member States shall ensure that producers provide for the collection of WEEE from holders other than private households. Producers shall be allowed on a voluntary basis to set up and operate take-back systems for WEEE from private households. Member States shall ensure that the collection may be carried out collectively and/or individually

3.   Member States shall ensure that all WEEE collected under paragraphs (1) and (2) above is transported to treatment facilities authorised under Article 5 unless the appliances are re-used as a whole. Member States shall ensure that the envisaged re-use does not lead to a circumvention of this Directive, in particular as regards Articles 5 and 6 thereof. The collection and transport of separately collected WEEE shall be carried out in a way which optimises re-use and recycling of those components or whole appliances capable of being re-used or recycled.

3.   Member States shall ensure that all WEEE collected under paragraphs (-1) (new), (1) and (2) above is transported to treatment facilities authorised under Article 5 unless the appliances are re-used as a whole. Member States shall ensure that the envisaged re-use does not lead to a circumvention of this Directive, in particular as regards Articles 5 and 6 thereof. The collection and transport of separately collected WEEE shall be carried out in a way which optimises re-use and recycling of those components or whole appliances capable of being re-used or recycled.

 

Member States shall ensure that the used electrical and electronic equipment exported to non-EU countries is suitable and intended for re-use and not intended for recycling, recovery or disposal.

4.   Within thirty-six months of the entry into force of this Directive Member States shall endeavour to achieve a minimum rate of separate collection of four kilograms on average per inhabitant per year of WEEE from private households.

4.   Without prejudice to paragraph -1 (new), Member States shall ensure that by 31 December 2005 at the latest a rate of separate collection of six kilograms on average per inhabitant per year of WEEE from private households is shown to have been achieved.

As soon as it is possible, on the basis of the information required under Article 11, to formulate a collection target of WEEE, such as a percentage of the amount of electrical and electronic equipment sold, 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 such a compulsory target.

On the basis of the information required under Article 11, 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 by 31 December 2007 a new rate for the years beyond 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.

Justification

Reintroduces in terms of substance Compromise Amendment 3 (tabled by Karl-Heinz Florenz, Kathleen Van Brempt, Chris Davies, Dirk Sterckx, Alexander de Roo, Heidi Anneli Hautala, Jonas Sjöstedt and Hans Blokland) adopted by the Committee on the Environment on 24 April 2001, which was later incorporated into first-reading Amendment 35. Also reintroduces first-reading Amendment 95.

Paragraph -1 (new): According to Commission figures, some 6 million tonnes of WEEE arose in the EU in 1998, an average of 16 kg per capita. The Commission also predicts average growth of 3-5 per cent a year and that the quantity of waste arising will double over the next 12 years. However, in Article 4(4), the Council proposes a completely optional collection rate for the Member States of an average of 4 kg per capita per year from private households. Even if the Member States met this target, much WEEE would still end up on waste dumps, to which would have to be added residual waste from the recovery of WEEE collected separately. It is contradictory to speak on the one hand of the environmental problems caused by WEEE and then to offer no more than a half-hearted partial solution. This approach does not therefore reflect any sustainable environmental and resources policy. Husbandry of resources and the environmental problems caused by WEEE require that the Member States ensure that, wherever possible, no WEEE gets into household waste and rubbish dumps and that, wherever possible, all WEEE accruing is collected separately and sent for treatment and recovery. This requires a general ban on the disposal of WEEE with unsorted household waste or other unsorted urban waste (i.e. on 'throwing it away'), which would also provide the necessary incentive for consumers to stop dumping WEEE with household waste and hand it in to the facilities provided for the purpose. In economic terms, the cost of recycling can be expected to fall if comprehensive collection and recovery is introduced, making prices for secondary raw materials derived from that process more competitive.

Paragraphs 1 and 2: Under the subsidiarity principle, Member States should be allowed to make alternative arrangements to the requirement that distributors take back WEEE, if the achievement of the objectives of the Directive is not jeopardised as a result.

Producers need flexible arrangements so that they can choose between individual and collective recycling systems. Producers must be able to work together when dealing with waste equipment so as to exploit economies of scale. The nature of a product and/or regional variations are factors which play a part in deciding which is the most efficient way to deal with waste equipment.

Strengthening of provisions on health and safety standards relating to take-back, whereby distributors should be able to refuse to take back waste equipment where it presents a health and safety risk to personnel.

Paragraph 3: technical adaptation to paragraph 1a (new).

Reintroduces Amendment 78 from first reading.

However, to encourage reuse of complete items of equipment is very positive. However, the risk of WEEE being dumped in non-EU countries under the guise of re-use is not inconceivable. Member States should therefore ensure that only serviceable electric and electronic equipment is exported to non-EU countries which is actually to be re-used.

Paragraph 4: As monitoring of the separate collection of all waste equipment is no easy matter and, in the event of infringements, the Commission will need something concrete to go on, the Member States should be required to produce evidence of the collection of the amount to be set at 6 kg, but without prejudice to the general obligation to collect all WEEE separately. A definite date should be set for the entry into force of the new rate to be determined on the basis of the information supplied by the Member States to the Commission. The expression ‘for the years beyond 2008’ corresponds to the date set in Article 6(4) for a review of recovery targets.

Amendment 24
Article 5, paragraph 1

1.   Member States shall ensure that producers or third parties acting on their behalf, either on an individual and/or collective basis, in accordance with Community legislation, set up systems to provide for the treatment of WEEE. 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.

1.   Member States shall ensure that producers or third parties acting on their behalf, in accordance with Community legislation, set up systems to provide for the treatment of WEEE using state-of-the-art recovery and recycling technology. The systems may be set up by producers collectively and/or individually. 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.

Other treatment technologies ensuring at least the same level of protection for human health and the environment may be introduced in Annex II according to the procedure referred to in Article 13(2).

Other treatment technologies ensuring at least the same level of protection for human health and the environment may be introduced in Annex II according to the procedure referred to in Article 13(2).

For the purposes of environmental protection, Member States may set up minimum quality standards for the treatment of collected WEEE. Member States who opt for such quality standards shall inform the Commission thereof who publishes these standards.

For the purposes of environmental protection, Member States may set up minimum quality standards for the treatment of collected WEEE. Member States who opt for such quality standards shall inform the Commission thereof who publishes these standards.

Justification

Reintroduces the first part of Amendment 37 from first reading, which was not adopted by the Council.

The use of state-of-the-art recovery and recycling technology is essential, because the waste equipment contains many environmentally damaging substances, such as mercury, sometimes in considerable quantities. State-of-the-art recovery would ensure, from the very beginning of the Directive's implementation, that pollution is reduced appreciably and that recycling rates are achieved.

Amendment 25
Article 5, paragraph 5, subparagraph 1 a (new)
 

In this case, Member States shall ensure that producers deliver the WEEE to establishments or undertakings which meet minimum standards corresponding to the conditions set out in this Article, unless proof of re-use of whole appliances can be given.

Justification

Reintroduces part of Amendment 37 from first reading. Allowing treatment operations to be undertaken outside the respective Member States must not lead to excessive waste transport to dumping countries with lower standards. The geographical shifting of environmental problems should not be encouraged. Member States should have the opportunity to oppose shipments which comply with shipment rules but not with the treatment requirements in the importing country as imposed in the European Union.

Amendment 26
Article 5, paragraph 5, subparagraph 2

However, Member States may oppose shipments in accordance with Article 4(3)(c), first indent, of Regulation (EEC) No 259/93 if the minimum quality standards for treatment as laid down in paragraph 1 are not fulfilled.

Member States may oppose shipments destined for recovery or disposal which comply with Regulation (EEC) No 259/93 if the minimum quality standards for treatment as laid down in paragraph 1 and the technical requirements as laid down in paragraph 3 are not met (in the importing country).

Justification

Reintroduces part of Amendment 37 from first reading. Allowing treatment operations to be undertaken outside the respective Member States must not lead to excessive waste transport to dumping countries with lower standards. The geographical shifting of environmental problems should not be encouraged. Member States should have the opportunity to oppose shipments which comply with shipment rules but not with the treatment requirements in the importing country as imposed in the European Union.

Amendment 27
Article 6, paragraph 2, introductory part

2.   Regarding WEEE sent to the treatment facilities under Article 5, Member States shall ensure that, within forty-six months of the entry into force of this Directive, producers meet the following targets:

2.   Regarding WEEE sent for treatment as stated under Article 5, Member States shall ensure that, by 31 December 2005 at the latest, producers meet the following targets:

Justification

Reintroduces Amendment 39 from first reading.

Amendment 28
Article 6, paragraph 2, point a, introductory part

(a)   for WEEE falling under category 1 of Annex 1 A,

(a)   For WEEE falling under category 1 (large household appliances) and 10 (automatic dispensers) of Annex 1A,

Justification

This was adopted by Parliament at first reading.

Amendment 29
Article 6, paragraph 2, point a, first indent

-   the rate of recovery shall be increased to a minimum of 80% by an average weight per appliance, and

-   the rate of recovery shall be increased to a minimum of 90% by an average weight par appliance and

Justification

This was adopted by Parliament at first reading.

Amendment 30
Article 6, paragraph 2, point a, second indent

-   component, material and substance re-use and recycling shall be increased to a minimum of 75% by an average weight per appliance;

-   component, material and substance re-use and recycling shall be increased to a minimum of 85% by an average weight per appliance;

Justification

This was adopted by Parliament at first reading.

Amendment 31
Article 6, paragraph 2, point b, introductory part

b)   for WEEE falling under categories 3 and 4 of Annex 1A,

b)   for WEEE falling under categories 3 and 4 of Annex 1A with the exception of equipment that contains cathode-ray tubes,

Justification

This was adopted by Parliament at first reading

Amendment 32
Article 6, paragraph 2, point b, first indent

-   the rate of recovery shall be increased to a minimum of 75% by an average weight per appliance, and

-   - the rate of recovery shall be increased to a minimum of 85% by an average weight per appliance, and

Justification

This was adopted by Parliament at first reading.

Amendment 33
Article 6, paragraph 2, point b, second indent

-   component, material and substance re-use and recycling shall be increased to a minimum of 65% by an average weight per appliance.

-   component, material and substance re-use and recycling shall be increased to a minimum of 70% by an average weight per appliance.

Justification

This was adopted by Parliament at first reading.

Amendment 34
Article 6, paragraph 2, point c, introductory part

(c)   For WEEE falling under categories 2, 5, 6,7,9 and 10 of Annex 1A

(c)   For WEEE falling under categories 2, 5, 6,7 and 9 of Annex 1A with the exception of equipment that contains cathode-ray tubes,

Justification

This was adopted by Parliament at first reading.

Amendment 35
Article 6, paragraph 2, point c, second indent

-   component, material and substance re-use and recycling shall be increased to a minimum of 50% by an average weight per appliance;

-   component, material and substance re-use and recycling shall be increased to a minimum of 60% by an average weight per appliance;

Justification

This was adopted by Parliament at first reading.

Amendment 36
Article 6, paragraph 2, point d

(d)   for gas discharge lamps, the rate of component, material and substance re-use and recycling shall reach a minimum of 80% by weight of the lamps.

(d)   for gas discharge lamps, the rate of component, material and substance re-use and recycling shall reach a minimum of 85% by weight of the lamps.

Justification

This was adopted by Parliament at first reading.

Amendment 37
Article 6, paragraph 2, point d a (new)
 

(da)   - for WEEE containing a cathode-ray tube, the rate of recovery shall be increased to a minimum of 80% by an average weight per appliance and,

 

-   component, material and substance re-use and recycling shall be increased to a minimum of 75% by an average weight per appliance.

Justification

This was adopted by Parliament at first reading.

Amendment 38
Article 6, paragraph 2a (new)
 

2a.   For electrical and electronic appliances which offer significant and proven environmental benefits over conventional electrical or electronic appliances with the same or similar functions, such as substantially lower consumption of energy, water or other resources, or for radical innovations which allow existing applications to be developed or open up new applications, a recovery rate of 75% of appliance weight shall be laid down by the procedure referred to in Article 13.

Justification

Reintroduces Amendment 40 from first reading.

Future innovations in the electrical and electronics industry opening up new applications and material properties (e.g. miniaturisation and durability), especially when they bring environmental benefits, should not be held back or prevented by the provisions of Article 6.

As an average of 90% of the resources consumed by an electrical or electronic appliance arise during its use and only 10% during its manufacture and disposal, from an overall environmental viewpoint the innovation offers incomparably higher potential savings than does recycling. An innovative component or appliance producing a 10% reduction in resource (e.g. energy) consumption during its useful life will save at least as much energy as is required for its production and disposal. To avoid distortions of competition within the internal market, the demarcation between conventional and innovative products should not be left to the Member States but determined on a uniform European basis.

Amendment 39
Article 6, paragraph 4

4.   Five years after the entry into force of this Directive the European Parliament and the Council, acting on a proposal from the Commission, shall establish 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, for the years thereafter.

4.   The European Parliament and the Council, acting on a proposal from the Commission, shall establish 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, for the years beyond 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 materials and technology development. Technical progress in re-use, recovery and recycling, products and materials, and the experience gained by the Member States and the industry, shall also be taken into account.

Justification

Reintroduces (in terms of substance) Amendment 42 from first reading. Information on technical progress in re-use, recovery and recycling, products and materials, and the experience gained by the Member States and the industry, must also be taken into account in any review. Waste management should not restrict other environmental benefits and innovations in the electrical and electronics industry.

Amendment 40
Article 6, paragraph 4a (new)
 

4a.   Member States shall encourage the development of new recovery, recycling and treatment technologies.

Justification

Reintroduces Amendment 43 from first reading.

In order to ensure that all possible technological options are being explored, Member States should actively encourage the development of new recovery, recycling and treatment technologies.

Amendment 41
Article 7, paragraph 2

2.    The financing referred to in paragraph 1 of the management of WEEE shall be provided by means of collective and/or individual systems in accordance with Community legislation. There shall be no unjustified differentiation between producers who opt for collective systems and those who opt for individual systems.

2.   Member States shall ensure that the financing referred to in paragraph 1 is provided on an individual basis. To this end, Member States shall ensure that producers make provision for appropriate guarantees for the financing of the management of WEEE.

 

A Member State may, following a request to the Commission, use collective financing schemes if it can demonstrate that the introduction of individual financing schemes would involve disproportionately high costs.

 

The costs of collection, treatment and environmentally-sound disposal shall be internalised within the product price.

 

Member States in which other financing agreements are already in place before the entry into force of this Directive may maintain those agreements, subject to the outcome of a review, but for no longer than ten years after the entry into force of this Directive.

Justification

Reintroduces first-reading Amendments 93 and 46 (technically adapted, where necessary, to the common position).

The first three sentences (on individual financing) correspond to Compromise Amendment 6 (tabled by Karl-Heinz Florenz, Chris Davies, Dirk Sterckx and Hans Blokland) adopted by the Committee on the Environment on 24 April 2001.

The remainder corresponds to Compromise Amendment 7 (tabled by Karl-Heinz Florenz, Kathleen Van Brempt, Chris Davies, Dirk Sterckx, Alexander de Roo, Heidi Anneli Hautala, Jonas Sjöstedt and Hans Blokland) adopted by the Environment Committee at first reading on 24 April 2001.

Paragraph 2: Individual financing should be given priority over collective financing, since individual producer responsibility will be a direct incentive to design products to be easier to recycle. Guarantees are therefore required to safeguard the financing of disposal even if a producer leaves the market. It should be possible to use collective financing schemes only where a Member State can demonstrate that individual financing schemes would involve disproportionately high costs.

Producers should, before selling electrical and electronic equipment, provide guarantees for the financing of the equipment's disposal, so as to prevent situations where producers disappear from the market and fail to comply with their financial obligations or benefit from 'free rides'. This would secure the financing needed to dispose of future orphan products. (These arrangements replace paragraph 4 in the common position).

Internalising the disposal costs of products coming on the market in future (i.e. no visible fee for the disposal of new products) is an incentive for producers to design their products to be easier to recycle and recover. Member States where other financing agreements are already in place before this Directive enters into force (e.g. the Netherlands) should be able to maintain those agreements for a maximum of ten years after the entry into force of this Directive.

Amendment 42
Article 7, paragraph 3

3.   The responsibility for the financing of the costs of the management of WEEE from products put on the market before the entry into force of this Directive ("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.

3.   The responsibility for the financing of the costs of the management of WEEE from products put on the market before the expiry of the period referred to in paragraph 1 ("historical waste") shall be shared collectively by all producers existing at the time the costs arise in proportion to their respective share of the market by type of equipment.

 

Member States shall ensure that, for a transitional period based on the average life of equipment, but for no longer than ten years after the entry into force of this Directive, producers are allowed to show users the cost of collecting, treating and disposing in an environmentally sound way of historical waste on a voluntary basis at the point of sale of new products.

 

Producers making use of this provision must ensure that the costs mentioned represent the actual costs incurred.

Justification

Reintroduces first-reading Amendments 93 and 46 (technically adapted, where necessary, to the common position).

The first three sentences (on individual financing) correspond to Compromise Amendment 6 (tabled by Karl-Heinz Florenz, Chris Davies, Dirk Sterckx and Hans Blokland) adopted by the Committee on the Environment on 24 April 2001.

The remainder corresponds to Compromise Amendment 7 (tabled by Karl-Heinz Florenz, Kathleen Van Brempt, Chris Davies, Dirk Sterckx, Alexander de Roo, Heidi Anneli Hautala, Jonas Sjöstedt and Hans Blokland) adopted by the Committee on the Environment at first reading on 24 April 2001.

Paragraph 3: Disposal of historical WEEE can, however, be collectively financed only because a large number of unbranded and orphan products are on the market, i.e. products whose producers can no longer be ascertained or who no longer exist. There have also been in some cases substantial shifts in market share between producers to the extent that individual funding would be an unjustifiable imposition on many producers. The cost of historical WEEE should therefore be apportioned between the producers then existing according to the market shares by volume at the time the costs were incurred.

To mitigate the economic impact of the funding of disposal of historical WEEE for an industry mainly comprising SMUs, producers should be allowed, for a transitional period corresponding to the average life of equipment, to inform consumers of the cost of disposing of historical WEEE on the purchase of new products (i.e. a visible fee for the disposal of historical WEEE). This would be on a voluntary basis and the cost mentioned should correspond to the cost of disposal actually incurred.

This is justified as the producers’ financial responsibility is to be brought forward from 5 years to 30 months after entry into force of the Directive, as producers are also required to bear the cost of disposing of the large volume of unbranded and orphan products among historical WEEE, and in general to mitigate the retroactive nature of the financing requirements. From an environmental point of view there is nothing against mentioning these costs as, unlike new products, the design of old appliances can no longer be influenced.

The common position essentially leaves it to the Member States to decide whether to allow a visible fee, which is already used in some Member States (e.g. the Netherlands). Limiting the possibility of charging a visible fee to a maximum of ten years is, compared with the common position, therefore the most environment- and consumer-friendly solution and moreover is consistent with the aim of aligning Member States' national rules.

Amendment 43
Article 8

Member States shall ensure that, thirty months after the entry into force of this Directive, the financing of the costs for the collection, treatment, recovery and environmentally sound disposal of waste from electric and electronic equipment from users other than private households put on the market after the entry into force of this Directive is to be provided for by producers.

Member States shall ensure that the financing of the costs for the collection, treatment, recovery and environmentally sound disposal of WEEE from users other than private households is covered by agreements between the producer and the user of the equipment at the time of purchase.

For WEEE from products put on the market before the entry into force of this Directive (‘historical waste’), the financing of the costs of management shall be provided for by producers. Member States may, as an alternative, provide that users other than private households also be made, partly or totally, responsible for this financing.

 

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

 

Justification

Reinstates text in the Commission proposal that was approved by Parliament at first reading.

The producer's general financial responsibility in respect of WEEE from users other than private households, as proposed by the Council, goes far beyond what is required in this Directive. Unlike in the case of financing in respect of WEEE from private households (Article 7), industrial, commercial or public users do not have any interests warranting protection that require the setting of detailed targets in a directive.

The Commission's original proposal, which was endorsed by Parliament at first reading, and in accordance with which costs are covered by means of an agreement between the producer and the user at the time of purchase, far better reflects the equal standing of producers and consumers in this case.

Amendment 44
Article 9, paragraph 1, point (-a) (new)
 

(-a) the obligation no longer to dispose of WEEE together with unsorted urban waste and to collect all WEEE arising separately,

Justification

Reintroduces Amendment 47 from first reading.

Users must be informed that WEEE must no longer be disposed of together with unsorted household waste or other unsorted urban waste and that all WEEE must be collected separately.

Amendment 45
Article 9, paragraph 1, point b a (new)
 

(ba)   the presence of hazardous substances in electrical and electronic equipment,

Justification

Reintroduces Amendment 50 from first reading. Consumers should be informed about the contents and hazardous nature of EEE and their recyclability in order to promote a more sustainable consumption pattern.

Amendment 46
Article 9, paragraph 1, point b b (new)
 

(bb)   the extent to which electrical and electronic equipment in private households can be recycled in the form of a histogram or other indicator,

Justification

Reintroduces Amendment 96 from first reading. Consumers should be informed about the contents and hazardous nature of EEE and their recyclability in order to promote a more sustainable consumption pattern.

Amendment 47
Article 9, paragraph 2

2.   Member States shall adopt the measures necessary to encourage consumers to facilitate, and thus participate in the process of collection, treatment and recovery of WEEE.

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

 

Member States may also introduce further measures to enable penalties to be imposed on consumers who fail to comply with the requirement for separate WEEE collection and disposal.

Justification

Reintroduces part of Amendment 51 from first reading.

Merely calling on consumers to participate in collection is not enough to ensure that electrical and electronic waste is no longer disposed of together with unsorted urban waste.

Amendment 48
Article 9, paragraph 3

3.   Member States shall ensure that, 24 months after entry into force of this Directive, with a view to achieving a high rate of collection, producers appropriately mark electrical and electronic equipment, which might normally be disposed of in rubbish bins or similar means of municipal waste collection, and their instructions for use, 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.

3.   Member States shall ensure that, with a view to the fact that WEEE may no longer be disposed of together with unsorted urban waste and that all WEEE must be collected separately, producers appropriately mark electrical and electronic equipment put on the market after .... [30 months after the entry into force of this Directive], 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.

Justification

.Reintroduces Amendment 52 from first reading.

Users must be informed that WEEE must no longer be disposed of together with unsorted household waste or other unsorted urban waste and that all WEEE must be collected separately.

As producers will require time to respond after the Directive has been transposed into national law (18 months after the Directive comes into force), this requirement should take effect only 30 months after the Directive comes into force.

Amendment 49
Article 9, paragraph 3 a (new)
 

3a.   Member States shall ensure that any producer of an electrical or electronic appliance put on the market after … [30 months after the entry into force of this Directive] is clearly identifiable by a mark on the appliance. Furthermore, in order to enable the date upon which the appliance was put on the market to be determined unequivocally, a mark on the appliance shall specify that the latter was put on the market after … [30 months after the entry into force of this Directive]

Justification

Reintroduces Amendment 75 from first reading.

Amendment 50
Article 10

Member States shall ensure that producers provide information on the different EEE components and materials as far as it is needed by treatment facilities in order to comply with the provisions of this Directive, as well as the location of dangerous substances and preparations in EEE.

Member States shall ensure that producers provide information on the different EEE components and materials as far as it is needed by re-use centres, treatment and recycling facilities in order to comply with the provisions of this Directive, as well as the location of dangerous substances and preparations in EEE. Producers shall provide manuals for maintenance, re-use, upgrade and refurbishment.

Justification

Reintroduces amendment 54 from first reading. Not only the treatment facilities, but also the re-use centres and recycling industry need more information with regard to these aspects of EEE.

Amendment 51
Article 10, paragraph 1a (new)
 

1a.   Member States shall ensure that any producer of an electrical or electronic appliance put on the market after … [30 months after the entry into force of this Directive] is clearly identifiable by a mark on the appliance.

Justification

Reintroduces the first part of first-reading Amendment 75.

This amendment is, firstly, intended to ensure that treatment undertakings can clearly identify the product's producer and charge him the cost of disposal and, secondly, to reduce to a minimum the proportion of unbranded electrical and electronic appliances.

Amendment 52
Article 11, paragraph 1, subparagraph 1

1.   Member States shall provide to the Commission information, including substantiated estimates, on an annual basis on the quantities and categories of electrical and electronic equipment put on their market, collected and re-used, recycled and recovered within the Member States, by weight and, if this is not possible, by numbers.

1.   Member States shall draw up a register of producers and provide to the Commission information, including substantiated estimates, on an annual basis on the quantities and categories of electrical and electronic equipment put on their market, collected through all routes, re-used, recycled and recovered within the Member States, and on quantities exported, by weight and, if this is not possible, by numbers.

Justification

Reintroduces Amendment 56 from first reading. This amendment provides for incorporation of the statistical information on quantities of WEEE in the report on implementation, which would simplify reporting requirements for Member States. In accordance with the common position, the first report on the implementation would be produced by the Commission sometime after 2010. The amendment would also lead to earlier reports, on the basis of which the review of collection and recycling targets might then take place before 2008.

Amendment 53
Article 11, paragraph 1, subparagraph 3

Member States shall ensure that the information required is transmitted to the Commission within four years of the entry into force of the Directive and on a three-yearly basis thereafter. 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 13(2).

Member States shall ensure that the information required is included in a report to be provided to the Commission at two-yearly intervals on the implementation of this Directive with a view to establishing databases on WEEE and its treatment.

Member States shall ensure that the first of the reports required under paragraph 2 is forwarded to the Commission within 18 months after the date referred to in Article 15.

The information shall be provided in a format which shall be established and communicated to the Member States at the latest 6 months before the date referred to in Article 15 in accordance with the procedure referred to in Article 14(2).

Justification

Reintroduces Amendment 56 from first reading. This amendment provides for incorporation of the statistical information on quantities of WEEE in the report on implementation, which would simplify reporting requirements for Member States. In accordance with the common position, the first report on the implementation would be produced by the Commission sometime after 2010. The amendment would also lead to earlier reports, on the basis of which the review of collection and recycling targets might then take place before 2008.

Amendment 54
Article 11, paragraph 2, subparagraph 1

2.   Without prejudice to the requirements of paragraph 1, Member States shall send a report to the Commission on the implementation of this Directive at three-year intervals. The report shall be drawn up on the basis of a questionnaire 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 rationalisation of certain Directives relating to the environment with a view to establishing databases on WEEE and their treatment. 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.

2.   The report shall be drawn up on the basis of a questionnaire 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 environment.

Justification

Reintroduces Amendment 85 from first reading. This amendment provides for incorporation of the statistical information on quantities of WEEE in the report on implementation, which would simplify reporting requirements for the Member States. In accordance with the common position, the first report on the implementation would be produced by the Commission sometime after 2010. The amendment would also lead to earlier reports, on the basis of which the review of collection and recycling targets might then take place before 2008.

Amendment 55
Article 11, paragraph 2, subparagraph 2

The first three-year report shall cover the period beginning three years after the entry into force of the Directive.

Deleted.

Justification

Reintroduces Amendment 85 from first reading. This amendment provides for incorporation of the statistical information on quantities of WEEE in the report on implementation, which would simplify reporting requirements for the Member States. In accordance with the common position, the first report on the implementation would be produced by the Commission sometime after 2010. The amendment would also lead to earlier reports, on the basis of which the review of collection and recycling targets might then take place before 2008.

Amendment 56
Article 11, paragraph 2, subparagraph 3

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

The Commission shall publish a first report on the implementation of this Directive within nine months after the end of the first reporting period, and a further report within nine months after the end of each subsequent reporting period. The reports shall enable a direct comparison of the progress of the Member States as regards the collection, re-use, recycling and recovery of WEEE. They shall be posted on the Internet.

Justification

Reintroduces Amendment 85 from first reading. This amendment provides for incorporation of the statistical information on quantities of WEEE in the report on implementation, which would simplify reporting requirements for the Member States. In accordance with the common position, the first report on the implementation would be produced by the Commission sometime after 2010. The amendment would also lead to earlier reports, on the basis of which the review of collection and recycling targets might then take place before 2008.

Amendment 57
Article 16 a (new)
 

Article 16a (new)

Enforcement

 

1.   Member States shall ensure that they have the necessary inspection and monitoring infrastructure in place to enable the Commission to verify compliance with this Directive.

 

2.   For the purposes of this Article, Member States shall have regard, in particular, to the Recommendation of the European Parliament and the Council of . . . providing for minimum criteria for environmental inspections in the Member States.1

_______________________

1 COM(1999) 652

Justification

Reintroduces Amendment 64 from first reading.

Ensures coherence and uniformity of application of Community law, in accordance with the political commitment made by the members of the European Parliament delegation to the conciliation procedure on environmental inspections.

Amendment 58
Annex II, paragraph 1, indent –1 (new)
 

Lead

Justification

Reinstatement of original Commission wording.

Amendment 59
Annex II, paragraph 1, first indent

-   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)

-   Polychlorinated biphenyls (PCB)

Justification

Reintroduces part of Amendments 86/99/70/98/77 from first reading.

Amendment 60
Annex II, paragraph 1, second indent

Mercury containing components, such as switches or backlighting lamps

Mercury

Justification

Reintroduces part of Amendments 86/99/70/98/77 from first reading.

Amendment 61
Annex II, paragraph 1, third indent a (new)
 

Cadmium

Justification

Reintroduces part of Amendments 86/99/70/98/77 from first reading.

Amendment 62
Annex II, paragraph 1, third indent b (new)
 

Hexavalent chromium

Justification

Reintroduces part of Amendments 86/99/70/98/77 from first reading.

Amendment 63
Annex II, paragraph 1, fourth indent

-   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

Deleted.

Justification

Existing recovery technologies using shredding and melting enable treatment operators to process mobile phones and other electronic devices without removing the printed circuit board. Accordingly, a requirement for selective treatment would only add unjustified costs to the recovery process and not enhance the recoverability of materials and substances. If there is to be a requirement on selective treatment of printed circuit boards, it should, at least be neutral and apply to all appliances containing printed circuit boards of a certain size; at all events, the reference to mobile phones should be deleted. The most environmentally friendly solution, however, would be to let recovery processes develop freely and not to have any general requirement for printed circuit board removal at all.

Amendment 64
Annex II, paragraph 1, seventh indent

Asbestos waste

Asbestos

Justification

Reintroduces part of Amendments 86/99/70/98/77 from first reading.

Amendment 65
Annex II, paragraph 1, ninth indent

Chlorofluorocarbons (CFC), hydrochlorofluorocarbons (HCFC) or hydrofluorocarbons (HFC), hydrocarbons (HC)

Chlorofluorocarbons (CFC), hydrochlorofluorocarbons (HCFC) or hydrofluorocarbons (HFC)

Justification

Reinstatement of original Commission wording.

Amendment 66
Annex II, paragraph 2, second indent

Equipment containing CFC, HCFC, HFC or HC: The CFC, HCFC present in the foam and the refrigerating circuit must be properly dealt with according to Regulation (EC) No 2037/2000 of the European Parliament and of the Council of 29 June 2000 on substances that deplete the ozone layer. The HFC and HC present in the foam and refrigerating circuit must be extracted and properly treated.

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

Justification

Reintroduces Amendment 71 from first reading. Instead of limiting the treatment requirement simply refrigerators and freezers, any component containing gases that are ozone depleting or have a global warming potential (GWP) should be properly treated. The GWP limit of 15 is based on the EU criteria for ECO labelling of refrigerators and freezers.

Amendment 67
Annex II, paragraph 2 a (new)
 

2a.   As a minimum, 5 % of the plastic components of WEEE (by weight) must be recycled.

Justification

Reintroduces Amendment 72 from first reading. Plastic recycling is still underdeveloped. A legislative incentive towards this specific material recycling target could boost the industry’s initiative.

(1)Text adopted on 15.5.2001, Item 14.
(2)OJ C 365, 19.12.2000, p. 184.
(3)OJ C 240, 28.8.2001, p. 298.


EXPLANATORY STATEMENT

In its common position, the Council incorporated 42 of Parliament's 70 or so first-reading amendments, either in substance or in part or, in some cases, in their entirety.

However, this does not hide the fact that the Council took very little or no account at all of Parliament's amendments concerning the key areas of separate collection (Article 4), treatment (Article 5), recovery (Article 6), financing (Article 7) and information for users (Article 9).

Your rapporteur has therefore concentrated in particular on those areas and is proposing above all the reintroduction (where appropriate in terms of substance only) of amendments, either in full or in part, from first reading:

The amendments thus correspond in part to the compromise amendments tabled by Karl-Heinz Florenz, Kathleen Van Brempt, Chris Davies, Dirk Sterckx, Alexander de Roo, Heidi Anneli Hautala, Jonas Sjöstedt and Hans Blokland adopted by the Committee on the Environment on 24 April 2001 on Article 4 (separate collection) and Article 7 (financing).

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