Go back to the Europarl portal

Choisissez la langue de votre document :

 Index 
 Previous 
 Next 
 Full text 
Procedure : 2000/0158(COD)
Document stages in plenary
Document selected : A5-0148/2001

Texts tabled :

A5-0148/2001

Debates :

Votes :

Texts adopted :

P5_TA(2001)0246

Texts adopted
Tuesday, 15 May 2001 - Strasbourg
Waste electrical and electronic equipment ***I
P5_TA(2001)0246A5-0148/2001
Text
 Resolution

Proposal for a European Parliament and Council directive on waste electrical and electronic equipment (COM(2000) 347 - C5-0414/2000 - 2000/0158(COD) )

The proposal was amended as follows:

Text proposed by the Commission (1)   Amendments by Parliament
Amendment 1
Recital 8
   (8) The objective of improving the management of WEEE cannot be achieved effectively by Member States acting individually. In particular, different national applications of the producer responsibility principle lead to substantial disparities in the financial burden on economic operators. Having different national policies on the management of WEEE hampers the effectiveness of national recycling policies.
   (8) The objective of improving the management of WEEE cannot be achieved effectively by Member States acting individually. In particular, different national applications of the producer responsibility principle lead to substantial disparities in the financial burden on economic operators. Having different national policies on the management of WEEE hampers the effectiveness of national recycling policies. For that reason the essential criteria (definition of terms, scope, collection and recovery objectives ) should be harmonised at European level.
Amendment 2
Recital 8 a (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.
Amendment 3
Recital 9
   (9) The provisions of this Directive should apply to products and producers irrespective of the selling technique, including distance and electronic selling.
   (9) The provisions of this Directive should apply to products and producers irrespective of the selling technique, including distance and electronic selling. In this connection care should be taken that the obligations of producers and distributors using these distribution channels take the same form and are enforced in the same way in order to avoid other distribution channels having to bear the cost of treatment of appliances sold by distance selling.
Amendments 4 and 5
Recital 10
   (10) This Directive should cover all electrical and electronic equipment used by consumers and electrical and electronic equipment intended for professional use which are likely to end up in the municipal waste stream. This Directive should apply without prejudice to Community legislation on safety and health requirements and specific Community waste management legislation, in particular Council Directive 91/157/EEC of 18 March 1991 on batteries and accumulators containing certain dangerous substances, as amended by Commission Directive 98/101/EC.
   (10) This Directive should cover all electrical and electronic equipment used by consumers and electrical and electronic equipment intended for professional use which are likely to end up in the municipal waste stream. This Directive should apply without prejudice to national and Community legislation on safety and health requirements aimed at protecting all actors in contact with WEEE, or to specific Community waste management legislation, in particular Council Directive 91/157/EEC of 18 March 1991 on batteries and accumulators containing certain dangerous substances, as amended by Commission Directive 98/101/EC, which needs to be revised as soon as possible in the light of this Directive .
Amendment 6
Recital 11
   (11) It is necessary to draw up as quickly as possible provisions concerning the design and manufacture of electrical and electronic equipment to minimise their impact on the environment during their life cycle. In the interest of overall consistency between Directives relevant to electrical and electronic equipment, those provisions should be drawn up in accordance with the principles set out in the Council Resolution of 7 May 1985 on a new approach to technical harmonisation and standards.
   (11) It is necessary that the Commission draw up as quickly as possible provisions concerning the design and manufacture of electrical and electronic equipment to minimise their impact on the environment during their life cycle. Member States should encourage the design and production of electrical and electronic equipment which maximises the possibilities of repairing, upgrading, re-using, disassembling and recycling that equipment.
Amendment 7
Recital 11 a (new)
(11a) In order to guarantee the health and safety of distributor personnel involved in the take-back and handling of WEEE, Member States should, in accordance with national and Community health and safety standards, determine under which conditions take-back may be refused by distributors.
Amendment 9
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.
Amendment 10
Recital 13 a (new)
(13a) In accordance with the European Employment Strategy Guidelines, consideration should be given to the promotion of measures to exploit fully the possibilities of job creation at local level and in the social economy. Consideration should be given to the role of the social economy sector and the opportunities for social employment in collection, separation, re-use, recycling and treatment of WEEE.
Amendments 90 and 94
Recital 13 b (new)
(13b) In order to ensure a high level of re-use, Member States should take measures to establish an integrated and adequate network of re-use installations. The network must enable waste electrical and electronic equipment suitable for re-use to be separated from that which is unsuitable in one of the nearest appropriate installations, prior to distribution to a treatment facility.
Amendment 11
Recital 14
   (14) Specific treatment for WEEE is indispensable in order to avoid the dispersion of pollutants into the recycled material or the waste stream. Such treatment is the most effective means of ensuring compliance with the chosen level of protection of the environment of the Community. Recycling facilities should comply with certain minimum standards to prevent negative environmental impacts associated with the treatment of WEEE.
   (14) Specific treatment for WEEE is indispensable in order to avoid the dispersion of pollutants into the recycled material or the waste stream. Such treatment is the most effective means of ensuring compliance with the chosen level of protection of the environment of the Community. Any establishment or undertaking carrying out recycling and treatment operations must comply with the minimum standards for certified management systems to prevent negative environmental impacts associated with the treatment of WEEE. In the interests of high environmental protection standards Member States should ensure that state-of-the-art recovery and recycling technology is used. In addition the Commission should submit proposals for further harmonisation of the provisions in the Member States relating to recycling and treatment facilities and procedures.
Amendment 12
Recital 14 a (new)
(14a) Workers employed in the collection and processing of waste are exposed to a particularly wide variety of factors which adversely affect health. In order to prevent health and safety problems for such persons, implementing measures should also conform to the principles of risk prevention laid down in Article 6 of Council Directive 89/391/EEC of 12 June 1989 on the introduction of measures to encourage improvements in the safety and health of workers at work1 . Member States should set up programmes so that permits pursuant to Article 5 of this Directive are issued only where observance of health and safety requirements to protect the persons employed there is also guaranteed and the required qualifications of such persons have been demonstrated. Minimum requirements for the necessary technical qualifications should be developed.
__________
1 OJ L 183, 29.6.1989, p. 1.
Amendments 82 and 87
Recital 15
   (15) A high level of recovery, in particular re-use or recycling, should be achieved and producers 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 a high level of re-use or recycling should be achieved. Priority should be given to the re-use of WEEE and its components. In addition, producers should be encouraged to integrate recycled material in new equipment. Recycling and re-use targets need to be legally binding. Member States should further consider establishing separate targets for the re-use of whole appliances and/or components, according to the type of equipment, in order to promote re-use and the prevention of waste, on the understanding that re-use should only be encouraged if there is no equivalent new product on the market that has a clear environmental advantage in terms of consumption of energy, water or other resources, use of dangerous substances or a sustainable design. It is important that Member States recognise the important role played by non-profit organisations throughout the European Union in facilitating and promoting product re-use. Member States should, however, ensure that these organisations use the same standards as the other recycling facilities and that there is no distortion of competition.
Amendment 14
Recital 15 a (new)
(15a) Member States should ensure that used electrical and electronic equipment exported to third countries is suitable and intended for re-use and not for recycling, recovery, removal or final processing.
Amendment 15
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.
   (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.
Amendment 16
Recital 17
   (17) Users of electrical and electronic equipment from private households should have the possibility of returning WEEE free of charge. Producers should therefore finance the treatment, recovery and disposal of WEEE. In order to reduce costs for producers resulting from the management of waste from products already on the market (“historical waste”), a transitional period should be laid down. 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.
   (17) Users of electrical and electronic equipment from private households should have the possibility of returning WEEE 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 waste from products already on the market ( historical waste) should on the other hand be shared by all existing producers and fulfilled through either individual or collective systems.
Amendment 17
Recital 17 a (new)
(17a) The costs of collection, treatment and environmentally sound disposal should 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 should be allowed to 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. The responsibility for the financing of the management of historical waste should be shared collectively by all producers existing at the time 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.
Amendment 18
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.
Amendment 19
Recital 19
   (19) Information on treatment facilities provided by producers is important to facilitate the management, and in particular the treatment of WEEE.
   (19) In order to facilitate the management, including the re-use, recycling and environmentally sound treatment, of WEEE, it is important that producers provide information permitting component and material identification .
Amendment 20
Recital 19 a (new)
(19a) Member States should ensure that inspection and monitoring systems are in place for the proper implementation of the requirements of this Directive.
Amendment 21
Recital 20
   (20) Information about the numbers and weight of items of electrical and electronic equipment put on the market in the Community and the rates of collection and recycling of WEEE is necessary to monitor the success of collection schemes .
   (20) Information about the numbers and weight of items of electrical and electronic equipment put on the market in the Community and the rates of collection, recovery, re-use (including re-use of whole appliances), recycling and export of WEEE is necessary to monitor the achievement of the objectives of this Directive .
Amendment 22
Article 1
The purpose of this Directive is, as a first priority, the prevention of waste electrical and electronic equipment (WEEE), and in addition, the reuse, recycling and other forms of recovery of such wastes so as to reduce the disposal of waste. It also seeks to improve the environmental performance of all economic operators involved in the life cycle of electrical and electronic equipment and in particular operators directly involved in the treatment of waste electrical and electronic equipment.
The purpose of this Directive is, as a first priority, the prevention of waste electrical and electronic equipment (WEEE), and in addition, the reuse, recycling and other forms of recovery of such wastes so as to reduce the disposal of waste. It also seeks to improve the environmental performance of all operators involved in the life cycle of electrical and electronic equipment and in particular operators directly involved in the treatment of waste electrical and electronic equipment.
Amendment 23
Article 2, paragraph 1
   1. This Directive shall apply to electrical and electronic equipment falling under the categories set out in Annex I A.
   1. This Directive shall apply to electrical and electronic equipment falling under the categories set out in Annex I A, and to WEEE, including cables and spare and replacement parts thereof, 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.
Amendment 24
Article 2, paragraph 2
   2. Article 4(1),(3),(4) and(5), and Articles 7 and 9 shall not apply to electrical and electronic equipment falling under categories 8, 9 and 10 of Annex I A.
Deleted
Amendment 26
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;
Amendment 27
Article 3, point (d)
   (d) 're-use' means any operation by which WEEE is used for the same purposes for which it was conceived, including the continued use of WEEE, which is returned to collection points, distributors, recyclers or manufacturers;
   (d) 're-use' means any operation by which WEEE is used for the same purposes for which it was conceived, including the continued use of WEEE, as a whole appliance or as components, which is returned to collection points, distributors, recyclers or manufacturers;
Amendment 28
Article 3, point (j), introduction and subparagraph (i)
   (j) "producer” means any person who:
   (j) "producer” means any person who, irrespective of the selling technique used, including by means of distance communication in accordance with European Parliament and Council Directive 97/7/EC of 20 May 1997 on the protection of consumers in respect of distance contracts1 :
   (i) manufactures and sells electrical and electronic equipment under his own brand, irrespective of the selling technique used, including distance and electronic selling,
   (i) manufactures and sells electrical and electronic equipment in a Member State under his own brand,
___________________________
1 OJ L 144, 4.6.1997, p. 19.
Amendment 29
Article 3, point (j), subparagraph (ii)
   (ii) resells under his own brand equipment produced by other suppliers, irrespective of the selling technique used, including distance and electronic selling, or
   (ii) 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 subparagraph (i) appears on the equipment ,
Amendment 25
Article 3, point (j), subparagraph (iii)
   (iii) imports electrical and electronic equipment on a professional basis into a Member State;
   (iii) imports electrical and electronic equipment on a professional basis into a Member State. 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; or
Amendment 30
Article 3, point (j) subparagraph (iii a) (new)
   (iii a) operates the servicing and maintenance of electrical and electronic equipment under arrangement with the producer, importer or seller, when the electrical and electronic equipment is sold by distance and electronic selling not falling within (i) to (iii);
Amendment 31
Article 3, point (m a) (new)
   (ma) '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;
Amendment 32
Article 3, point (m b) (new)
   (mb) 'collection facility' means any establishment taking back WEEE from the final holder. Retailers could also be considered as collection facilities;
Amendment 33
Article 3, point (m c) (new)
   (mc) 'individual financing' means the liability of each producer for the costs associated with its own products;
Amendment 34
Article 3, point (m d) (new)
   (md) "holder " means anyone who is a final user, or holder, of electrical and electronic equipment. Holders may be private households, distributors, municipalities or any other person who holds electrical and electronic equipment or who accepts WEEE.
Amendments 35, 95 and 78
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. Member States shall ensure that systems are set up so that final holders and distributors can return WEEE from private households free of charge. They shall ensure the availability and accessibility of the necessary collection facilities, taking into account the population density.
   1. Member States shall ensure that by . . . [30 months after this Directive comes into force[ systems are set up so that final holders and distributors can return WEEE from private households free of charge. The systems may involve both the collection of waste from private households and the establishment of collection points . Member States shall ensure by that date the availability and accessibility of the necessary collection facilities, taking into account the population density.
1a. Because of the burden on retailers that the Directive imposes, producers may agree with their distributors on centralised collection points in accordance with the requirements in paragraph 1.
   2. Member States shall ensure that distributors, when supplying a new product, offer to take back free of charge similar WEEE from private households provided that the equipment is free from contaminants, including radioactive and biological contaminants.
   2. Member States shall ensure that by . . . [30 months after the entry into force of this Directive[ distributors, when supplying a new product, offer to take back free of charge similar WEEE from private households.
Member States may depart from this provision provided they ensure that it is not thereby made more difficult for the user to return WEEE and provided that these systems remain free of charge to the consumer.
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.
2a. 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.
   3. Member States shall ensure that producers provide for the collection of WEEE from holders other than private households. They shall be allowed on a voluntary and individual basis to set up and operate take-back systems for WEEE from private households.
   3. 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. They shall also be required to conduct recovery operations pursuant to certified management systems. Member States shall ensure that the collection may be carried out collectively and/or individually.
   4. Member States shall ensure that all WEEE collected is transferred to authorised treatment facilities. The collection and transportation of separately collected WEEE shall be carried out in a way which ensures the suitability for re-use and recycling of those components or whole appliances which might be re-used and/or recycled.
   4. Member States shall ensure that all WEEE collected, except that destined for re-use as complete appliances, is transferred to authorised treatment facilities. The collection and transportation of separately collected WEEE shall be carried out in a way which ensures the suitability for re-use and recycling of those components or whole appliances which might be re-used and/or recycled. Member States shall ensure that the used electrical and electronic equipment exported to third countries is suitable and intended for re-use and not intended for recycling, recovery or disposal.
   5. Member States shall endeavour to achieve by 31 December 2005 at the latest a minimum rate of separate collection of four kilograms on average per inhabitant per year of WEEE from private households.
   5. Without prejudice to paragraph 1a, 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 from private households as a percentage of the amount of electrical and electronic equipment sold to private households , 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 the 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 .
Amendment 36
Article 4, paragraph 5a (new)
5a. Member States shall ensure that the systems to handle the waste may be set up by producers collectively and/or individually.
Amendments 37 and 76
Article 5
   1. Member States shall ensure that producers 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 the present Directive provided that the re-use and recycling of components or whole appliances is not hindered.
   1. Member States shall ensure that producers 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 provided that the re-use and recycling of components or whole appliances is not hindered or provided that it has been established in accordance with the procedure referred to in Article 14(2) that the impact on the environment will be reduced by comparison with the selective treatment as set out in Annex II.
   2. Member States shall ensure that any establishment or undertaking carrying out treatment operations obtains a permit from the competent authorities, in compliance with Articles 9 and 10 of Directive 75/442/EEC .
The derogation from the permit requirement referred to in Article 11(1)(b) of Directive 75/442/EEC may apply to recovery operations concerning WEEE if an inspection is carried out by the competent authorities before the registration in order to ensure compliance with Article 4 of Directive 75/442/EEC .
   2. Member States shall ensure that any establishment or undertaking carrying out treatment operations obtains a permit from the competent authorities, in compliance with Articles 9, 10 and 11 of Directive 75/442/EEC .
The derogation from the permit requirement referred to in Article 11(1)(b) of Directive 75/442/EEC may apply to recovery operations concerning WEEE if an inspection is carried out by the competent authorities before the registration in order to ensure compliance with Article 4 of Directive 75/442/EEC .
The inspection shall verify:
The inspection shall verify:
   (a) the type and quantities of waste to be treated;
   (a) the type and quantities of waste to be treated;
   (b) the general technical requirements to be complied with;
   (b) the general technical requirements to be complied with;
   (c) the safety precautions to be taken.
   (c) the safety and workers' health protection precautions to be taken.
The inspection shall be carried out once a year and the results shall be communicated by the Member States to the Commission.
The inspection shall be carried out once a year and the results shall be communicated by the Member States to the Commission.
   3. Member States shall ensure that any establishment or undertaking carrying out treatment operations stores and treats WEEE in compliance with the technical requirements set out in Annex III.
   3. Member States shall ensure that any establishment or undertaking carrying out treatment operations stores and treats WEEE in compliance with the technical requirements set out in Annex III.
   4. Member States shall ensure that the permit referred to in paragraph 2 includes all conditions necessary for compliance with the requirements of paragraphs 1 and 3 as well as Article 6.
   4. Member States shall ensure that the permit referred to in paragraph 2 includes all conditions necessary for compliance with the requirements of paragraphs 1 and 3 as well as Article 6.
   5. The treatment operation may also be undertaken outside the respective Member State or the Community provided that the shipment of WEEE is in compliance with Council Regulation (EEC) No 259/93.
   5. The treatment operation may also be undertaken outside the respective Member State or the Community provided that the shipment of WEEE is in compliance with Council Regulation (EEC) No 259/93 of 1 February 1993 on the supervision and control of shipments of waste within, into and out of the European Community. 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. Member States may oppose shipments which comply with Regulation (EEC) No 259/93 if the minimum quality standards for treatment as laid down in paragraph 1 are not met.
5a. Member States shall ensure that treatment facilities or undertakings introduce certified environmental management systems.
Amendment 38
Article 6, paragraph 1 a (new)
1a. Member States shall ensure that all separately collected WEEE is sent for recovery and that the highest possible re-use and recycling rate is achieved. Equipment which is completely re-used is not covered by this provision.
Amendment 39
Article 6, paragraph 2
   2. Member States shall ensure that, by 31 December 2005 at the latest, the following targets for separately collected waste are met by producers:
   2. Member States shall ensure that, by 31 December 2005 at the latest, the following targets for separately collected waste, less the weight of the complete equipment re-used, are met by producers:
   (a) For WEEE falling under category 1 (large household appliances) of Annex I A, 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;
   (a) For WEEE falling under category 1 (large household appliances) and 10 (automatic dispensers) of Annex I A, the rate of recovery shall be increased to a minimum of 90 % by an average weight per appliance and component, material and substance re-use and recycling shall be increased to a minimum of 85 % by an average weight per appliance;
   b) For WEEE falling under categories 2, 4, 6 and 7 of Annex I A, with the exception of equipment that contains cathode ray tubes, the rate of recovery shall be increased to a minimum of 60 % by weight of the appliances and component, material and substance re-use and recycling shall be increased to a minimum of 50 % by weight of the appliances ;
   (b) For WEEE falling under categories 2, 5, 6, 7 and 9 of Annex I A, with the exception of equipment that contains cathode ray tubes, the rate of recovery shall be increased to a minimum of 70 % by weight of the appliances and component, material and substance re-use and recycling shall be increased to a minimum of 60 % by an average weight per appliance ;
   (c) For WEEE falling under category 3 of Annex I A, with the exception of equipment that contains cathode ray tubes, the rate of recovery shall be increased to a minimum of 75 % by weight of the appliances and component, material and substance re-use and recycling shall be increased to a minimum of 65 % by weight of the appliances ;
   (c) For WEEE falling under category 3 and 4 of Annex I A, with the exception of equipment that contains cathode ray tubes, the rate of recovery shall be increased to a minimum of 85 % by weight of the appliances and component, material and substance re-use and recycling shall be increased to a minimum of 70 % by an average weight per appliance ;
   (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 an average weight of the lamps;
   (e) For WEEE containing a cathode ray tube, the rate of recovery shall be increased to a minimum of 75 % by an average weight per appliance and component, material and substance re-use and recycling shall be increased to a minimum of 70 % by an average weight per appliance.
   (e) 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.
Amendment 40
Article 6, paragraph 2 a (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 14(2).
Amendment 41
Article 6, paragraph 3
   3. By 31 December 2004 at the latest, the detailed rules for monitoring compliance by Member States with the targets referred to in paragraph 2 of this Article shall be adopted in accordance with the procedure referred to in Article 14(2).
   3. By 31 December 2004 at the latest, the detailed rules for calculating the targets referred to in paragraph 2 of this Article and for monitoring Member States" compliance therewith shall be adopted in accordance with the procedure referred to in Article 14(2).
Amendment 42
Article 6, paragraph 4
   4. The European Parliament and the Council, acting on a proposal from the Commission, shall establish targets for recovery, re-use and recycling for the years beyond 2008.
   4. The European Parliament and the Council, acting on a proposal from the Commission, shall establish targets for recovery, re-use (of whole appliances or components) and recycling of all categories in Annex IA for the years beyond 2008. This shall be done taking into account environmental benefits of electrical and electronic equipment in use, such as improved resource efficiency due to 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 .
Amendment 43
Article 6, paragraph 4 a (new)
4a. Member States shall encourage the development of new recovery, recycling and treatment technologies.
Amendment 44
Article 7, paragraph 2
   2. Member States shall ensure that by ... five years after the entry into force of this Directive, producers provide for the financing of the collection of WEEE from private households deposited at collection facilities, set up under Article 4(1), as well as of the treatment, recovery and environmentally sound disposal of WEEE.
   2. Member States shall ensure that by ... [ 30 months after the entry into force of this Directive[ , producers provide for the financing of the collection of WEEE from private households deposited at collection facilities, set up under Article 4(1), as well as of the treatment, recovery and environmentally sound disposal of WEEE.
Where Member States have established systems pursuant to Article 4(1) for collecting waste from private households for transfer to collection facilities, producers may also be called upon to finance or part-finance them.
Amendment 93
Article 7, paragraph 3, subparagraph 1
   3. The financing referred to in paragraph 2 may be provided by means of collective or individual systems. There shall be no discrimination between producers who opt for collective systems and those who opt for individual systems.
3. Member States shall ensure that the financing referred to in paragraph 2 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.
Amendment 46
Article 7, paragraph 3, subparagraph 2, and paragraph 3a (new)
The responsibility for the financing of the management of waste from products put on the market before the expiry of the period referred to in paragraph 2 ("historical waste”) shall be shared by all existing producers. Where a producer who opts for an individual system cannot prove that he is discharging his responsibility with respect to a fair share of the historical waste, he shall contribute to the financing of an alternative system .
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.
The responsibility for the financing of the management of waste from products put on the market before the expiry of the period referred to in paragraph 2 ("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 .
3a. 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. Manufacturers making use of this provision must ensure that the costs mentioned represent the actual costs incurred.
Amendment 47
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,
Amendment 48
Article 9, paragraph 1, point (b)
   (b) their role in contributing to re-use, recycling and other forms of recovery of WEEE,
   (b) their role in contributing to a reduction in the quantities of WEEE and to the re-use, recycling and other forms of recovery of WEEE,
Amendment 49
Article 9, paragraph 1, point (c a) (new)
   (ca) the potential negative environmental impacts of WEEE if not disposed of in accordance with this Directive.
Amendment 50
Article 9, paragraph 1, point (c b) (new)
   (cb) the presence of hazardous substances in electrical and electronic equipment.
Amendment 96
Article 9, paragraph 1, point (c c) (new)
   (cc) the extent to which electrical and electronic equipment in private households can be recycled in the form of a histogram or other indicator.
Amendment 51
Article 9, paragraph 2
   2. Member States shall encourage consumers to contribute to collection, treatment and recovery of WEEE.
   2. Member States shall adopt measures to ensure that consumers contribute to collection and re-use of WEEE.
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.
Amendment 52
Article 9, paragraph 3
   3. Member States shall ensure that, 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 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 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 of the electrical and electronic equipment.
Amendment 75
Article 9 a, 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[.
Amendment 54
Article 10
   10. Member States shall ensure that producers provide such information as is needed by treatment facilities to identify the different electrical and electronic equipment components and materials, and the location of dangerous substances and preparations in the electrical and electronic equipment.
   10. Member States shall ensure that producers provide such information as is needed by re-use centres , treatment and recycling facilities to identify the different electrical and electronic equipment components and materials, and the location of dangerous substances and preparations in the electrical and electronic equipment. Producers shall provide manuals for maintenance, re-use, upgrade and refurbishment.
Amendment 55
Article 10 a (new)
Article 10a
Distance Selling
Where a producer sells electrical or electronic equipment which is imported into the Community by means of distance selling, he must designate to the Member States" supervisory authorities a firm established in a Member State which is jointly liable for meeting the producers" obligations set out in this Directive and has sufficient financial assets for that purpose.
Amendment 56
Article 11, paragraph 1
   1. Member States shall provide to the Commission information on an annual basis on the quantities and categories of electrical and electronic equipment put on the market, collected and recycled within the Member States, both by numbers and by weight.
   1. Member States shall draw up a register of producers and provide to the Commission information on an annual basis on the quantities and categories of electrical and electronic equipment put on the market, collected through all routes, re-used, handed over to treatment facilities, recycled and recovered within the Member States, and on the quantities exported, both by numbers and by weight, and information on the technical standard of the recycling, recovery and treatment routes and data on the charges for disposal and the costs of collection and recovery. The data shall be laid out so that the respective recovery and disposal routes are documented and the respective material streams may be monitored.
Amendment 85
Article 11, paragraph 2
   2. Member States shall ensure that the information required under paragraph 1 is transmitted to the Commission by 1 January 2007 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 14 (2).
   2. Member States shall ensure that the information required under paragraph 1 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.
2a. 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.
2b. 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). 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(1 ).
2c. 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.
_______________
   (1) OJ L 377, 31.12.1991, p. 48.
Amendment 58
Article 12
Article 12
Reporting obligation
Deleted
Without prejudice to the requirements of Article 11, 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 with a view of 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.
The first report shall cover a period of three years from 1 January 2006.
The Commission shall publish a report on the implementation of this Directive within nine months after receiving the reports from the Member States.1
___________________________
1 OJ L 377, 31.12.1991, p. 48
Amendment 59
Article 13
Any amendments which are necessary in order to adapt Annexes II, III and IV to scientific and technical progress shall be adopted in accordance with the procedure referred to in Article 14(2).
Any amendments which are necessary in order to adapt Annexes IB , II, III and IV to scientific and technical progress shall be adopted in accordance with the procedure referred to in Article 14(2).
Before the annexes are amended the Commission shall consult producers of electrical and electronic products and environmental, employees" and consumer associations.
Amendment 60
Article 13 a (new)
Article 13a
Waste management plans
In pursuance of the objectives and measures referred to in this Directive, Member States shall include in the waste management plans required pursuant to Article 7 of Directive 75/442/EEC a specific chapter on the management of WEEE .
Amendment 61
Article 14 a (new)
Article 14a
Penalties
Member States shall determine penalties applicable to breaches of the national provisions adopted pursuant to this Directive. The penalties thus provided for shall be effective, proportionate and dissuasive.
Amendment 62
Article 15, paragraph 1
   1. Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive by 30 June 2004 [18 months after adoption [ at the latest. They shall immediately inform the Commission thereof.
   1. Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive by . . . [18 months after its entry into force [ at the latest. They shall immediately inform the Commission thereof.
Amendment 63
Article 16
This Directive shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Communities.
This Directive shall enter into force on the day of its publication in the Official Journal of the European Communities.
Amendment 64
Article 16 a (new)
Article 16a
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 4 April 2001 providing for minimum criteria for environmental inspections in the Member States.1
_______________
1 OJ L 118, 27.4.2001, p. 41.
Amendment 66
Annex I A, point 7
   7. Toys
   7. Toys, leisure and sports equipment
Amendment 68
Annex I B, point 1
   1. Large household appliances
Large cooling appliances
Refrigerators
Freezers
Washing machines
Clothes dryers
Dish-washing machines
Cooking
Electric stoves
Electric hot plates
Microwaves
Heating appliances
Electric heaters
Electric fans
Air conditioners
   1. Large household appliances, such as
Large cooling appliances
Refrigerators
Freezers
Washing machines
Clothes dryers
Dish-washing machines
Cooking
Electric stoves
Electric hot plates
Microwaves
Heating appliances
Electric heaters
Electric fans
Air conditioners (not built in)
Amendments 86, 99, 70, 98 and 77
Annex II, point 1
   1. As a minimum the following substances, preparations and components have to be removed from any separately collected WEEE:
   1. As a minimum the following substances, preparations and components have to be removed from any separately collected WEEE (equipment which is completely re-used is not covered by this provision ):
   - PCB containing capacitors
   - Lead
   - Electrolyte capacitors (height: > 25 mm, diameter > 25 mm or proportionately similar volume)
   - Mercury containing components, such as switches
   - Mercury
   - Batteries
   - Cadmium
   - Printed circuit boards
   - Hexavalent chromium
   - Toner cartridges, liquid and pasty, as well as colour toner
   - Polybrominated biphenyls (PBBs) and polybrominated diphenyl ether (PBDE) and other brominated flame retardants
   - Plastic containing brominated flame retardants
   - PCBs
   - Asbestos waste
   - Asbestos
   - Cathode ray tubes
   - CFC, HCFC or HFCs
   - CFC, HCFC or HFCs
   - External electric cable
   - Components containing refractory ceramic fibres
   - Components containing radioactive substances
   - Liquid crystal displays of a surface greater than 100 square centimetres and all those back-lighted with gas discharge lamps
   - Liquid crystal displays of a surface greater than 100 squre centimetres and all those back-lighted with gas discharge lamps.
These substances, preparations and components shall be disposed of or recovered in compliance with Article 4 of Council Directive 75/442/EEC .
These substances, preparations and components shall be disposed of or recovered in compliance with Article 4 of Directive 75/442/EEC .
Amendment 71
Annex II, point 2, subparagraph 2
   - Equipment containing CFC, HCFC or HFCs: The CFC present in the foam and the refrigerating circuit must be properly extracted and destroyed. HCFC or HFCs present in the foam and the refrigerating circuit must be properly extracted and destroyed or recycled
   - 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 layer1 .
______________
1 OJ L 244, 29.9.2000, p. 1.
Amendments 72 and 99
Annex II, point 2 a (new)
2a. As a minimum, 5 % of the plastic components of WEEE (by weight) have to be recycled.
Amendment 73
Annex II, point 2 b (new)
2b. WEEE has to be treated using methods that ensure that the overall impact on the environment is less than the selective treatment methods set out in this Annex.
Amendment 100
Annex III
   1. Sites for storage of WEEE (without prejudice to the requirements of Directive 1999/31/EC on the landfill of waste):
   1. Sites for storage of WEEE (without prejudice to the requirements of Directive 1999/31/EC on the landfill of waste):
   - impermeable surfaces
   - impermeable surfaces with collection devices for any escaping liquids
   - weatherproof covering
   - weatherproof roofing of the site or covering for storage containers
   - appropriate equipment for the treatment of water, including rainwater, pursuant to health and environmental provisions, for example by light fluid separators in connection with the drainage of unroofed areas.
   2. Sites for treatment of WEEE:
   2. Sites for treatment of WEEE:
   - balances to measure the weight of the treated waste
   - balances to measure the weight of the treated waste
   - Impermeable surfaces and waterproof covering for appropriate areas
   - Impermeable surfaces and waterproof covering for appropriate areas
   - special explosion protection arrangements for dismantling charged articles (condensators and batteries)
   - appropriate storage for disassembled spare parts
   - appropriate storage for disassembled spare parts
   - appropriate containers for storage of batteries, PCB/PCT containing condensators and other hazardous waste
   - appropriate containers for separate storage of batteries, PCB/PCT containing condensators and other hazardous waste, with particular consideration being given to explosion protection
   - Equipment for the treatment of water, including rainwater.
   - Appropriate equipment for the treatment of water, including rainwater, pursuant to health and environmental provisions, for example by light fluid separators in connection with the drainage of unroofed areas .

(1) OJ C 365 E, 19.12.2000, p.184.


European Parliament legislative resolution on the proposal for a European Parliament and Council directive on waste electrical and electronic equipment (COM(2000) 347 - C5-0414/2000 - 2000/0158(COD) )

(Codecision procedure: first reading)

The European Parliament,

-  having regard to the Commission proposal to the European Parliament and the Council (COM(2000) 347 )(1) ,

-  having regard to Articles 251(2) and 175(1) of the EC Treaty, pursuant to which the Commission submitted the proposal to Parliament (C5-0414/2000 ),

-  having regard to Rule 67 of its Rules of Procedure,

-  having regard to the report of the Committee on the Environment, Public Health and Consumer Policy and the opinion of the Committee on Industry, External Trade, Research and Energy (A5-0148/2001 ),

1.  Approves the Commission proposal as amended;

2.  Asks to be consulted again should the Commission intend to amend its proposal substantially or replace it with another text;

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

(1) OJ C 365 E,19.12.2000, p.184.

Legal notice - Privacy policy