Texts adopted - Waste electrical and electronic equipment ***II

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Document selected : A5-0100/2002
Texts tabled : A5-0100/2002		Debates :		Votes :		Texts adopted : P5_TA(2002)0160

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Wednesday, 10 April 2002 - Strasbourg

Waste electrical and electronic equipment ***II

P5_TA(2002)0160

A5-0100/2002

		Resolution
		Consolidated text
		Annex

European Parliament legislative resolution on the Council common position for adopting a European Parliament and Council directive on waste electrical and electronic equipment (WEEE) (11304/2/2001 – C5&nbhy;0636/2001 – 2000/0158(COD))

(Codecision procedure: second reading)

The European Parliament,

– having regard to the Council common position (11304/2/2001 – C5&nbhy;0636/2001),

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

– 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&nbhy;0100/2002),

1. Amends the common position as follows;

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

(1)	OJ C 34 E, 7.2.2002, p. 115.
(2)	OJ C 365 E, 19.12.2000, p. 184.
(3)	OJ C 240 E, 28.8.2001, p. 298.

Position of the European Parliament adopted at second reading on 10 April 2002 with a view to the adoption of European Parliament and Council Directive 2002/…/EC on waste electrical and electronic equipment (WEEE)

P5_TC2-COD(2000)0158

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community, and in particular Article 175(1) thereof,

Having regard to the proposal from the Commission(1),

Having regard to the Opinion of the Economic and Social Committee(2),

Having regard to the Opinion of the Committee of Regions(3),

Acting in accordance with the procedure laid down in Article 251 of the Treaty(4),

Whereas:

(1) The objectives of the Community's environment policy are, in particular, to preserve, protect and improve the quality of the environment, protect human health and utilise natural resources prudently and rationally. That policy is based on the precautionary principle and the principles that preventive action should be taken, that environmental damage should as a priority be rectified at source and that the polluter should pay.

(2) The Community programme of policy and action in relation to the environment and sustainable development ("Fifth Environmental Action Programme")(5) states that the achievement of sustainable development calls for significant changes in current patterns of development, production, consumption and behaviour and advocates, inter alia, the reduction of wasteful consumption of natural resources and the prevention of pollution. It mentions waste electrical and electronic equipment (WEEE) as one of the target areas to be regulated, in view of the application of the principles of prevention, recovery and safe disposal of waste.

(3) The Commission Communication of 30 July 1996 on review of the Community strategy for waste management(6) states that, where the generation of waste cannot be avoided, it should be re-used or recovered for its material or energy.

(4) The Council in its Resolution of 24 February 1997 on a Community strategy for waste management (7) insisted on the need for promoting waste recovery with a view to reducing the quantity of waste for disposal and saving natural resources, in particular by re-use, recycling, composting and recovering energy from waste and recognised that the choice of options in any particular case must have regard to environmental and economic effects but that until scientific and technological progress is made and life-cycle analyses are further developed, re&nbhy;use and material recovery should be considered preferable where and insofar as they are the best environmental options. The Council also invited the Commission to develop, as soon as possible, an appropriate follow-up to the projects of the priority waste streams programme, including WEEE.

(5) The European Parliament, in its Resolution of 14 November 1996(8) on review of the Community strategy for waste management, asked the Commission to present proposals for Directives on a number of priority waste streams, including electrical and electronic waste, and to base such proposals on the principle of producer responsibility. The European Parliament, in the same Resolution, requests the Council and the Commission to put forward proposals for cutting the volume of waste.

(6) Council Directive 75/442/EEC of 15 July 1975 on waste (9) provides that specific rules for particular instances or supplementing those of that Directive on the management of particular categories of waste may be laid down by means of individual Directives.

(7) The amount of WEEE generated in the Community is growing rapidly. The content of hazardous components in electrical and electronic equipment is a major concern during the waste management phase and recycling of WEEE is not undertaken to a sufficient extent.

(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 may lead to substantial disparities in the financial burden on economic operators. Having different national policies on the management of WEEE hampers the effectiveness of recycling policies. For that reason the essential criteria should be laid down at Community level.

(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 the obligations of producers and distributors using distance and electronic selling channels should, as far as is practicable, take the same form and should be enforced in the same way in order to avoid other distribution channels having to bear the costs of the provisions of this Directive concerning WEEE for which the equipment was sold by distance or electronic selling.

(10) This Directive should cover all electrical and electronic equipment used by consumers and electrical and electronic equipment intended for professional use which could end up in the municipal waste stream. This Directive should apply without prejudice to safety and health requirements in Community legislation protecting all actors in contact with WEEE or to requirements in specific Community waste management legislation, in particular Council Directive 91/157/EEC of 18 March 1991 on batteries and accumulators containing certain dangerous substances (10).

(11) Directive 91/157/EEC needs to be revised as soon as possible, particularly in the light of this Directive.

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

(13) In order to guarantee the safety and health of distributors' personnel involved in the take-back and handling of WEEE, Member States should, in accordance with national and Community legislation on safety and health requirements, determine the conditions under which take-back may be refused by distributors.

(14) 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.

(15) 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 WEEE separately, to produce evidence of the collection of an average of at least six kilograms of WEEE from private households per inhabitant per year.

(16) 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 should comply with minimum standards to prevent negative environmental impacts associated with the treatment of WEEE. State-of-the art treatment and recovery and recycling technology should be used provided it ensures human health and high environmental protection.

(17) With the exception of appliances to be re-used as a whole, 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.

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

(19) 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.

(20) 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 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 10 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 when the costs arise, in proportion to their respective share of the market by type of equipment by volume. Member States should ensure that, for a transitional period based on the average life of equipment, but for no longer than 10 years after the entry into force of this Directive, producers are allowed to show users, on a voluntary basis at the time of sale of new products, the cost of collecting, treating and disposing in an environmentally sound way of historical waste. Producers making use of this provision should ensure that the costs mentioned represent the actual costs incurred.

(21) Information to users about the requirement no longer to dispose of WEEE 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.

(22) Information on component and material identification to be provided by producers is important to facilitate the management, and in particular the treatment and recovery/recycling, of WEEE.

(23) Member States should ensure that inspection and monitoring infrastructure is in place to enable the proper implementation of this Directive to be verified.

(24) Information about the weight or, if this is not possible, the 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.

(25) Member States may choose to implement certain provisions of this Directive by means of agreements between the competent authorities and the economic sectors concerned provided that particular requirements are met.

(26) The adaptation to scientific and technical progress of certain provisions of the Directive, the list of products falling under the categories set out in Annex IA, the selective treatment for materials and components of WEEE, the technical requirements for storage and treatment of WEEE and the symbol for the marking of electrical and electronic equipment should be effected by the Commission under a committee procedure.

(27) The measures necessary for the implementation of this Directive should be adopted in accordance with Council Decision 1999/468/EC of 28 June 1999 laying down the procedures for the exercise of implementing powers conferred on the Commission (11),

HAVE ADOPTED THIS DIRECTIVE:

Article 1

Objectives

The purpose of this Directive is, as a first priority, the prevention of waste electrical and electronic equipment (WEEE), and in addition, the re-use, 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, e.g. producers, distributors and consumers and in particular those operators directly involved in the treatment of WEEE.

Article 2

Scope

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.

2. This Directive shall apply without prejudice to Community legislation on safety and health requirements and specific Community waste management legislation.

3. Equipment which is connected with the protection of the essential interests of the security of Member States, arms, munitions and war material shall be excluded from this Directive. This does not, however, apply to products which are not intended for specifically military purposes.

Article 3

Definitions

For the purposes of this Directive, the following definitions shall apply:

(a)

"electrical and electronic equipment" means equipment which is dependent on electric currents or electromagnetic fields in order to work properly and equipment for the generation, transfer and measurement of such currents and fields falling under the categories set out in Annex IA and designed for use with a voltage rating not exceeding 1000 Volt for alternating current and 1500 Volt for direct current;

(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;

(c)

"prevention" means measures aimed at reducing the quantity and the harmfulness to the environment of WEEE and materials and substances contained therein;

(d)

"re-use" means any operation by which WEEE or components thereof are used for the same purpose for which they were conceived, including the continued use of the equipment or components thereof which are returned to collection points, distributors, recyclers or manufacturers;

(e)

"recycling" means the reprocessing in a production process of the waste materials for the original purpose or for other purposes, but excluding energy recovery which means the use of combustible waste as a means of generating energy through direct incineration with or without other waste but with recovery of the heat;

(f)

"recovery" means any of the applicable operations provided for in Annex IIB to Directive 75/442/EEC;

(g)

"disposal" means any of the applicable operations provided for in Annex IIA to Directive 75/442/EEC;

(h)

"treatment" means any activity after the WEEE has been handed over to a facility for depollution, disassembly, shredding, recovery or preparation for disposal and any other operation carried out for the recovery and/or the disposal of the WEEE;

(i)

"producer" means any person who, irrespective of the selling technique used, including by means of distance communication according to Directive 97/7/EC of the European Parliament and of the Council of 20 May 1997 on the protection of consumers in respect of distance contracts(12):

	(	i) manufactures and sells electrical and electronic equipment under his own brand,
	(	ii) resells under his own brand equipment produced by other suppliers, a reseller not being regarded as the producer if the brand of the producer appears on the equipment, as provided in sub-point (i), or
	(	iii) imports or exports 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 or 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;

(j)

"distributor" means any person who provides electrical or electronic equipment on a commercial basis to the party who is going to use it;

(k)

"WEEE from private households" means WEEE which comes from private households and from commercial, industrial, institutional and other sources which, because of its nature and quantity, is similar to that from private households;

(l)

"dangerous substance or preparation" means any substance or preparation which has to be considered dangerous under Council Directive 67/548/EEC of 27 June 1967 on the approximation of laws, regulations and administrative provisions relating to the classification, packaging and labelling of dangerous substances(13) or Directive 1999/45/EC of the European Parliament and of the Council of 31 March 1999 on the approximation of the laws, regulations and administrative provisions of the Member States relating to the classification, packaging and labelling of dangerous preparations(14);

(m)

"individual financing"means the responsibility of each producer for the costs associated with its own products;

(n)

"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.

Article 4

Product design

Member States shall ensure that producers take all reasonable steps to place on the market only 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 used in conjunction with re-usable or re-used components, sub-assemblies and consumables;
	(c)	its being recycled in whole or in part.

Article 5

Separate collection

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

2. For WEEE from private households, Member States shall ensure that by ... [30 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;
	(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.

Member States may depart from this provision provided they ensure that returning the WEEE is not thereby made more difficult for the final holder and provided that these systems remain free of charge. Member States making use of this provision shall inform the Commission thereof.

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 WEEE from private households.

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 or biological contaminants, or as hazardous and liable to present a safety or health 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 1999/45/EC, and having regard to national and Community legislation on safety and health requirements, distributors may refuse to take back WEEE deemed to be contaminated, including by radioactive or biological contaminants, or hazardous and liable to present a health or safety risk to personnel.

3. Member States shall ensure that producers provide for the collection of WEEE from holders other than private households.

4. Member States shall ensure that all WEEE collected under paragraphs 1, 2 and 3 above is transported to treatment facilities authorised under Article 6 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 6 and 7. 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 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.

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

On the basis of the information required under Article 12, 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.

Article 6

Treatment

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 individually and/or collectively. 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 14(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 shall publish these standards.

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.

The inspection shall verify:
	(a)	the type and quantities of waste to be treated;
	(b)	the general technical requirements to be complied with;
	(c)	the safety precautions to be taken.

The inspection shall be carried out at least 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.

4. Member States shall ensure that the permit or the registration referred to in paragraph 2 includes all conditions necessary for compliance with the requirements of paragraphs 1 and 3 and for the achievement of the recovery targets set out in Article 7.

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(15).

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.

In compliance with Regulation (EEC) No 259/93, Member States may oppose shipments destined for recovery or disposal 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.

6. Member States shall encourage establishments or undertakings which carry out treatment operations to introduce certified environmental management systems in accordance with Regulation (EC) No 761/2001 of the European Parliament and of the Council of 19 March 2001 allowing voluntary participation by organisations in a Community eco-management and audit scheme (EMAS) (16).

Article 7

Recovery

1. Member States shall ensure that producers or third parties acting on their behalf set up systems either on an individual or collective basis, in accordance with Community legislation, to provide for the recovery of WEEE collected separately in accordance with Article 5. Member States shall give priority to the re-use of whole appliances. Until the date referred to in paragraph 4, such appliances shall not be taken into account for the calculation of the targets set out in paragraph 2.

2. Regarding WEEE sent for treatment in accordance with Article 6, Member States shall ensure that, by 31 December 2005 at the latest, producers meet the following targets:

(a) for WEEE falling under categories 1 (large household appliances) and 10 (automatic dispensers) of Annex IA,

	–	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 75% by an average weight per appliance;

(b)

for WEEE falling under categories 3 and 4 of Annex IA,

–

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

–

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

(c)

for WEEE falling under categories 2, 5, 6,7 and 9 of Annex IA,

–

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 50% 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.

3. Member States shall ensure that, for the purpose of calculating these targets, producers or third parties acting on their behalf keep records on the mass of WEEE, their components, materials or substances when entering (input) and leaving (output) the treatment facility and/or when entering (input) the recovery or recycling facility.

The Commission shall, in accordance with the procedure laid down in Article 14(2), establish the detailed rules for monitoring compliance, including specifications for materials, of Member States with the targets set out in paragraph 2. The Commission shall submit this measure by... [18 months after the date of entry into force of this Directive].

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 developments in the areas of materials and technology. 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.

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

Article 8

Financing in respect of WEEE from private households

1. Member States shall ensure that, by ... [30 months after the entry into force of this Directive], producers provide at least for the financing of the collection, the treatment, recovery and environmentally sound disposal of WEEE from private households deposited at collection facilities, set up under Article 5(2).

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.

Member States may, following a request to the Commission, use collective financing schemes if they 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 10 years after the entry into force of this Directive.

3. The responsibility for the financing of the costs of the management of WEEE from products put on the market before 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 by volume.

Member States shall ensure that, for a transitional period based on the average life of equipment, but for no longer than 10 years after the entry into force of this Directive, producers are allowed to show users, on a voluntary basis at the time of sale of new products, the cost of collecting, treating and disposing in an environmentally sound way of historical waste.

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

4. To prevent costs for the management of WEEE coming from producers that are no longer present on the market or that can no longer be identified (orphan products and free-riders) from falling on society or the remaining producers, Member States shall ensure that producers provide a guarantee when placing a product on the market, as specified in paragraph 2, and that producers clearly mark products in accordance with Article 10(4) and the second paragraph of Article 11. The guarantee shall be used to finance the management of WEEE from producers that have disappeared. The guarantee may take the form of a recycling insurance, a blocked bank account, or participation by the producer in appropriate financial schemes for the financing of the management of WEEE. Where an importer cannot provide any of the above, customs authorities shall charge a guarantee provision (together with VAT and customs duties) when the product enters the EU.

5. Member States shall ensure that producers supplying electrical or electronic equipment by means of distance communication also comply with the requirements set out in this Article for the equipment supplied in the Member State where the purchaser of that equipment resides.

Article 9

Financing in respect of WEEE from users other than private households

Member States shall ensure that, by ... [30 months after the entry into force of this Directive], the financing of the costs for the collection, treatment, recovery and environmentally sound disposal of WEEE from users other than private households from products put on the market after the entry into force of this Directive is to be provided for by producers.

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.

Article 10

Information for users

1. Member States shall ensure that users of electrical and electronic equipment in private households are given the necessary information about:

	(	a) the requirement no longer to dispose of WEEE together with unsorted urban waste and to collect all WEEE separately;
	(	b) the return and collection systems available to them;
	(	c) their role in contributing to re-use, recycling and other forms of recovery of WEEE;
	(	d) the presence of hazardous substances in electrical and electronic equipment;
	(	e) the meaning of the symbol shown in Annex IV.

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

3. In order to comply with the requirement that WEEE may no longer be disposed of together with unsorted urban waste and that all WEEE must be collected separately, Member States shall ensure that 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.

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

5. Member States may require that some or all of the information referred to in paragraphs 1 to 3 shall be provided by producers and/or distributors, e.g. in the instructions for use or at the point of sale.

Article 11

Information for treatment facilities

Member States shall ensure that producers provide information on the different components and materials contained in electrical and electronic equipment as far as it is needed by re-use centres and 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 such equipment. Producers shall provide manuals for maintenance, re-use, upgrade and refurbishment.

Member States shall ensure that producers of electrical or electronic equipment put on the market after … [30 months after the entry into force of this Directive] are clearly identifiable by a mark on the equipment.

Article 12

Information and reporting

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 or, if this is not possible, by numbers.

Member States shall ensure that producers supplying electrical and electronic equipment by means of distance communication provide information on the compliance with the requirements of Article 8(5) and on the quantities and categories of electrical and electronic equipment put on the market of the Member State where the purchaser of that equipment resides.

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 these reports is forwarded to the Commission within 18 months after the date referred to in Article 17.

The information shall be provided in a format which shall be established in accordance with the procedure referred to in Article 14(2) and communicated to the Member States at the latest six months before the date referred to in Article 17.

Member States shall provide for adequate information exchange in order to comply with this paragraph, in particular for treatment operations as referred to in Article 6(5).

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(17).

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 to be made 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.

Article 13

Adaptation to scientific and technical progress

Any amendments which are necessary in order to adapt Article 7(3), Annex IB, (in particular with a view to possibly adding luminaires in households, filament bulbs and photovoltaic products, i.e. solar panels), Annex II (in particular taking into account new technical developments for the treatment of WEEE), Annexes 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 inter alia consult producers of electrical and electronic equipment, recyclers, treatment operators and environmental organisations and employees' and consumer associations.

Article 14

Committee

1. The Commission shall be assisted by the Committee set up by Article 18 of Directive 75/442/EEC.

2. Where reference is made to this paragraph, Articles 5 and 7 of Decision 1999/468/EC shall apply, having regard to Article 8 thereof.

The period laid down in Article 5(6) of Decision 1999/468/EC shall be set at three months.

3. The Committee shall adopt its rules of procedure.

Article 15

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.

Article 16

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 Recommendation 2001/331/EC of the European Parliament and the Council of 4 April 2001 providing for minimum criteria for environmental inspections in the Member States(18).

Article 17

Transposition

1. Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive by .... [18 months after the entry into force of this Directive]. They shall immediately inform the Commission thereof.

When Member States adopt these measures, they shall contain a reference to this Directive or be accompanied by such reference on the occasion of their official publication. The methods of making such a reference shall be laid down by the Member States.

2. Member States shall communicate to the Commission the text of all laws, regulations and administrative provisions adopted in the field covered by this Directive.

Provided that the objectives set out in this Directive are achieved, Member States may transpose the provisions set out in Articles 6(6), 10(1) and 11 by means of agreements between the competent authorities and the economic sectors concerned. Such agreements shall meet the following requirements:

	(a)	agreements shall be enforceable;
	(b)	agreements need to specify objectives with the corresponding deadlines;
	(c)	agreements shall be published in the national official journal or an official document equally accessible to the public and transmitted to the Commission;
	(d)	the results achieved shall be monitored regularly, reported to the competent authorities and the Commission and made available to the public under the conditions set out in the agreement;
	(e)	the competent authorities shall make provisions to examine the progress reached under the agreement;
	(f)	in case of non-compliance with the agreement Member States must implement the relevant provisions of this Directive by legislative, regulatory or administrative measures.

4.(a) Greece and Ireland which, due to their overall

	–	recycling infrastructure deficit,
	–	geographical circumstances such as the large number of small islands and the presence of rural and mountain areas,
	–	low population density, and
	–	low level of consumption of electrical and electronic equipment,
	are unable to reach either the collection target mentioned in Article 5(5) first subparagraph or the recovery targets mentioned in Article 7(2) and which, under Article 5(2) third subparagraph of Council Directive 1999/31/EC of 26 April 1999 on the landfill of waste (19), may apply for an extension of the deadline mentioned in that Article,
	may extend the periods referred to in Articles 5(5) and 7(2) of this Directive by up to 24 months.

These Member States shall inform the Commission of their decisions at the latest at the time of transposition of this Directive.

(b) The Commission shall inform other Member States and the European Parliament of these decisions.

5. Within five years after the entry into force of this Directive, the Commission shall submit a report to the European Parliament and the Council based on the experience of the application of this Directive, in particular as regards separate collection, treatment, recovery and financing systems. Furthermore the report shall be based on the development of the state of technology, experience gained, environmental requirements and the functioning of the internal market . The report shall, as appropriate, be accompanied by proposals for revision of the related provisions of this Directive.

Article 18

Entry into force

This Directive shall enter into force on the day of its publication in the Official Journal of the European Communities.

Article 19

Addressees

This Directive is addressed to the Member States.

Done at

For the European Parliament For the Council

The President The President

(1)	OJ C 365 E, 19.12.2000, p. 184 and OJ C 240 E, 28.8.2001, p. 298.
(2)	OJ C 116, 20.4.2001, p. 38.
(3)	OJ C 148, 18.5.2001, p. 1.
(4)	Position of the European Parliament of 15 May 2001 (OJ C 34 E, 7.2.2002, p. 115), Council Common Position of 4 December 2001 and Position of the European Parliament of 10 April 2002.
(5)	OJ C 138, 17.5.1993, p. 5.
(6)	COM(96) 399.
(7)	OJ C 76, 11.3.1997, p. 1.
(8)	OJ C 362, 2.12.1996, p. 241.
(9)	OJ L 194, 25.7.1975, p.47. Directive as last amended by Commission Decision 96/350/EC (OJ L 135, 6.6.1996, p. 32).
(10)	OJ L 78, 26.3.1991, p. 38. Directive as amended by Commission Directive 98/101/EC (OJ L 1, 5.1.1999, p. 1).
(11)	OJ 184, 17.7.1999, p. 23.
(12)	OJ L 144, 4.6.1997, p. 19.
(13)	OJ 196, 16.8.1967, p. 1. Directive as last amended by Commission Directive 2001/59/EC (OJ L 225, 21.8.2001, p. 1).
(14)	OJ L 200, 30.7.1999, p. 1. Directive as last amended by Commission Directive 2001/60/EC (OJ L 226, 22.8.2001, p. 5).
(15)	OJ L 30, 6.2.1993, p. 1. Regulation as last amended by Commission Decision 1999/816/EC (OJ L 316, 10.12.1999, p. 45).
(16)	OJ L 114, 24.4.2001, p. 1.
(17)	OJ L 377, 31.12.1991, p. 48
(18)	OJ L 118, 27.4.2001, p. 41.
(19)	OJ L 182, 16.7.1999, p. 1.

ANNEX IA

Categories of electrical and electronic equipment covered by this Directive

1. Large household appliances

2. Small household appliances

3. IT and telecommunications equipment

4. Consumer equipment

5. Lighting equipment

6. Electrical and electronic tools (with the exception of large-scale stationary industrial tools)

7. Toys, leisure and sports equipment

8. Medical devices (with the exception of all implanted and infected products)

9. Monitoring and control instruments

10. Automatic dispensers

ANNEX IB

List of products

falling under the categories set out in Annex IA

1. Large household appliances

Large cooling appliances

Refrigerators

Freezers

Other large appliances used for refrigeration, conservation and storage of food

Washing machines

Clothes dryers

Dish washing machines

Cooking

Electric stoves

Electric hot plates

Microwaves

Other large appliances used for cooking and other processing of food

Electric heating appliances

Electric radiators

Other large appliances for heating rooms, beds, seating furniture

Electric fans

Air conditioner appliances

Other fanning, exhaust ventilation and conditioning equipment

2. Small household appliances

Vacuum cleaners

Carpet sweepers

Other appliances for cleaning

Appliances used for sewing, knitting, weaving and other processing for textiles

Irons and other appliances for ironing, mangling and other care of clothing

Toasters

Fryers

Grinders, coffee machines and equipment for opening or sealing containers or packages

Electric knives

Appliances for hair-cutting, hair drying, tooth brushing, shaving, massage and other body care appliances

Clocks, watches and equipment for the purpose of measuring, indicating or registering time

Scales

3. IT and telecommunications equipment

Centralised data processing:

Mainframes

Minicomputers

Printer units

Personal computing:

Personal computers (CPU, mouse, screen and keyboard included)

Lap-top computers (CPU, mouse, screen and keyboard included)

Note-book computers

Note-pad computers

Printers

Copying equipment

Electrical and electronic typewriters

Pocket and desk calculators

and other products and equipment for the collection, storage, processing, presentation or communication of information by electronic means

User terminals and systems

Facsimile

Telex

Telephones

Pay telephones

Cordless telephones

Cellular telephones

Answering systems

and other products or equipment of transmitting sound, images or other information by telecommunications

4. Consumer equipment

Radio sets

Television sets

Videocameras

Video recorders

Hi-fi recorders

Audio amplifiers

Musical instruments

And other products or equipment for the purpose of recording or reproducing sound or images, including signals or other technologies for the distribution of sound and image than by telecommunications

5. Lighting equipment

Luminaires for fluorescent lamps with the exception of luminaires in households

Straight fluorescent lamps

Compact fluorescent lamps

High intensity discharge lamps, including pressure sodium lamps and metal halide lamps

Low pressure sodium lamps

Other lighting or equipment for the purpose of spreading or controlling light with the exception of filament bulbs

6. Electrical and electronic tools (with the exception of large-scale stationary industrial tools)

Drills

Saws

Sewing machines

Equipment for turning, milling, sanding, grinding, sawing, cutting, shearing, drilling, making holes, punching, folding, bending or similar processing of wood, metal and other materials

Tools for riveting, nailing or screwing or removing rivets, nails, screws or similar uses

Tools for welding, soldering or similar use

Equipment for spraying, spreading, dispersing or other treatment of liquid or gaseous substances by other means

Tools for mowing or other gardening activities

7. Toys, leisure and sports equipment

Electric trains or car racing sets

Hand-held video game consoles

Video games

Computers for biking, diving, running, rowing, etc.

Sports equipment with electric or electronic components

Coin slot machines

8. Medical devices (with the exception of all implanted and infected products)

Radiotherapy equipment

Cardiology

Dialysis

Pulmonary ventilators

Nuclear medicine

Laboratory equipment for in-vitro diagnosis

Analysers

Freezers

Fertilization tests

Other appliances for detecting, preventing, monitoring, treating, alleviating illness, injury or disability

9. Monitoring and control instruments

Smoke detector

Heating regulators

Thermostats

Measuring, weighing or adjusting appliances for household or as laboratory equipment

Other monitoring and control instruments used in industrial installations (e.g. in control panels)

10. Automatic dispensers

Automatic dispensers for hot drinks

Automatic dispensers for hot or cold bottles or cans

Automatic dispensers for solid products

Automatic dispensers for money

All appliances which deliver automatically all kind of products

ANNEX II

Selective treatment for materials and components of

WEEE in accordance with Article 6(1)

1. As a minimum the following substances, preparations and components have to be removed from any separately collected WEEE:

	–	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) (1)
	–	Mercury containing components, such as switches or backlighting lamps
	–	Batteries
	–	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
	–	Toner cartridges, liquid and pasty, as well as colour toner
	–	Plastic containing brominated flame retardants
	–	Asbestos
	–	Cathode ray tubes
	–	Chlorofluorocarbons (CFC), hydrochlorofluorocarbons (HCFC) or hydrofluorocarbons (HFC), hydrocarbons (HC)
	–	Gas discharge lamps
	–	Liquid crystal displays (together with their casing where appropriate) of a surface greater than 100 square centimetres and all those back&nbhy;lighted with gas discharge lamps
	–	External electric cables
	−	Components containing refractory ceramic fibres as described in Commission Directive 97/69/EC of 5 December 1997 adapting to technical progress Council Directive 67/548/EEC relating to the classification, packaging and labelling of dangerous substances(2)
	−	Components containing radioactive substances with the exception of components that are below the exemption thresholds set in Article 3 of and Annex I to Council Directive 96/29/Euratom of 13 May 1996 laying down basic safety standards for the protection of the health of workers and the general public against the dangers arising from ionising radiation(3)
	−	Electrolyte capacitors containing substances of concern (height > 25 mm, diameter > 25 mm or proportionately similar volume)

These substances, preparations and components shall be disposed of or recovered in compliance with Article 4 of Directive 75/442/EEC.

2. The following components of WEEE that is separately collected have to be treated as indicated:

	−	Cathode ray tubes: The fluorescent coating has to be removed.
	−	Equipment containing gases that are ozone depleting or have a global warming potential (GWP) above 15, such as those contained in foams and refrigeration circuits: The gases must be properly extracted and destroyed. Ozone-depleting gases shall be treated in accordance with Regulation (EC) No 2037/2000 of the European Parliament and the Council of 29 June 2000 on substances that deplete the ozone layer(4).
	−	Gas discharge lamps: The mercury shall be removed.

3. Taking into account environmental considerations and the desirability of re-use and recycling, paragraphs 1 and 2 shall be applied in such a way that environmentally sound re-use and recycling of components or whole appliances is not hindered.

4. Within the procedure referred to in Article 14(2), the Commission shall evaluate as a matter of priority whether the entries regarding:

	–	printed circuit boards for mobile phones, and
	–	liquid crystal displays
	are to be amended.

ANNEX III

Technical requirements in accordance with Article 6(3)

1. Sites for storage (including temporary storage) of WEEE prior to their treatment (without prejudice to the requirements of Directive 1999/31/EC):

	–	Impermeable surfaces for appropriate areas with the provision of spillage collection facilities and, where appropriate, decanters and cleanser-degreasers
	–	Weatherproof covering for appropriate areas

2. Sites for treatment of WEEE:

	–	Balances to measure the weight of the treated waste
	–	Impermeable surfaces and waterproof covering for appropriate areas with the provision of spillage collection facilities and, where appropriate, decanters and cleanser&nbhy;degreasers
	–	Appropriate storage for disassembled spare parts
	–	Appropriate containers for storage of batteries, PCBs/PCTs containing capacitors and other hazardous waste such as radioactive waste
	–	Equipment for the treatment of water in compliance with health and environmental regulations

ANNEX IV

Symbol for the marking of electrical and electronic equipment

The symbol indicating separate collection for electrical and electronic equipment consists of the crossed-out wheeled bin, as shown below. The symbol must be printed visibly, legibly and indelibly.

(1)	OJ L 243, 24.9.1996, p. 31.
(2)	OJ L 343, 13.12.1997, p. 19.
(3)	OJ L 159, 29.6.1996, p. 1.
(4)	OJ L 244, 29.9.2000, p. 1.

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