Explanatory Memorandum to COM(2008)810 - Waste electrical and electronic equipment (WEEE) (Recast) - Main contents
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This page contains a limited version of this dossier in the EU Monitor.
| dossier | COM(2008)810 - Waste electrical and electronic equipment (WEEE) (Recast). |
|---|---|
| source | COM(2008)810  |
| date | 03-12-2008 |
Directive 2002/96/EC on waste electrical and electronic equipment (WEEE) was adopted on 27 January 2003 and entered into force on 13 February 2003. Member States were required to transpose the requirements of the Directive by 13 August 2004. Neither the drivers nor the rationale for collecting and recycling WEEE have changed since the adoption of the Directive.
The following reasons lead to the proposal to review of the WEEE Directive:
– Experience with the first years of implementation of the WEEE Directive has indicated technical, legal and administrative problems that result in unintentionally costly efforts from market actors and administrations, continuing environmental harm, low levels of innovation in waste collection and treatment, a lack of level playing field or even distortion of competition and unnecessary administrative burden.
– The Commission is committed to developing a better regulatory environment, one that is simple, understandable, effective and enforceable. The Commission Communication implementing the Community Lisbon programme 'A strategy for the simplification of the regulatory environment', foresees the review of the WEEE Directive for 2008.
– The WEEE Directive itself foresees the possible revision of the Directive based on the experience of the application of the WEEE Directive. The Directive also sets out for the Commission to propose new mandatory WEEE collection target by 31 December 2008 and new targets for recovery and re-use/recycling, including for the re-use of whole appliances as appropriate, and targets for the products falling under category 8 of Annex IA.
The specific objectives of the review of the WEEE Directive are therefore:
– Reduced administrative costs through the removal of all unnecessary administrative burdens, without lowering the level of environmental protection.
– Improved effectiveness and implementation of the Directive through increased compliance and reduced free-riding.
– Reduced impacts on the environment from the collection, treatment and recovery of WEEE at the levels where the greatest net benefit to society results.
The extensive analysis carried out as part of the WEEE review process led to the identification of the following problems related to the application of the WEEE Directive:
– there is lack of clarity on the products covered by the current WEEE Directive and their categorisation, with different interpretations of the current provisions made by different Member States and stakeholders;
– currently approximately 65% of electrical and electronic equipment (EEE) placed on the market is separately collected, but less than half of this is treated and reported according to the requirements of the Directive; the remainder potentially leaks out to substandard treatment and is illegally exports to third countries, among which non-OECD countries. This leads to losses of valuable secondary raw materials and increases the risk of release of hazardous substances into the environment, including substances with high ozone depleting potential and global warming potential i. In addition to this, the current collection rate, 4kg/inhabitant per year of WEEE from private households, ("one size fits all") does not reflect the economies of individual Member States and thus leads to sub-optimal targets for some countries and too ambitious targets for others;
– currently there are no targets for the re-use of whole appliances in Directive 2002/96/EC;
– there are no detailed enforcement requirements in Directive 2002/96/EC which result in lack of enforcement of the WEEE Directive in Member States;
– diverging producer registration requirements in Member States can result in economic actors having to comply with 27 different producer registration schemes which causes unnecessary administrative burden;
– indications on substandard treatment of WEEE in the EU and illegal export of WEEE outside the EU.
When nothing is undertaken, the above problems will remain.
The acts related to the current proposal are Directive 2002/96/EC itself (as amended) and the Decisions adopted by the Commission related to this Directive.
The objectives of the revised Directive is fully in line with general Community strategies, including the Lisbon Strategy, the Sustainable Development Strategy, the Energy and Climate Package, the 6th Environmental Action Programme and its mid-term review, Integrated Product Policy, the Thematic Strategies on the sustainable use of natural resources and on waste prevention and recycling, the Marketing of Products package, the Commission's recent lead market initiative, and the proposed recast of the Regulation on Substances that Deplete the Ozone Layer.
Consultation methods, main sectors targeted and general profile of respondents
Extensive data collection and studies were carried out for the review of the WEEE Directive. Throughout the review process there was continuous information exchange with stakeholders, an SME panel was organised and an on-line public stakeholder consultation was launched. These consultations and studies helped define and analyse a number of specific policy options.
Throughout the consultations that took place in the framework of the review, the responding stakeholders among others were Member States, NGOs, producers of electrical and electronic equipment, consumers, retail and distribution sector, municipalities, treatment operators, recyclers and recovery operators, producer responsibility organisations and national producer registers.
Stakeholders have been asked to give opinion on the policy options proposed for the clarification of the scope of the WEEE Directive, revision of the target for collection and for re-use/recovery and recycling of WEEE, producer registration and treatment requirements. The public consultation document as well as a summary of opinions is made publicly available. As opinions relate to the measures proposed, responses have been taken fully into account.
An open consultation was conducted over the internet from 11/04/2008 to 05/06/2008. The Commission received 168 response(s). The results are available on circa.europa.eu/Public/irc/env/weee_2008_review .
Scientific/expertise domains concerned
Information gathering exercise by Bio Intelligence Service. The exercise resulted in an assessment of about 132 WEEE reference documents that were made available online together with a synthesis report. This report provided a systematic overview of the content of these reference documents whilst assessing the possible overlaps, contradictions and gaps in the knowledge related to the information needed for the review. The result served as a direct input for the contractors of the research studies and is available in the CIRCA page circa.europa.eu/Public/irc/env/weee_2008/library.
Four research studies have been carried out to give input to the review; they helped the European Commission generate full understanding of implementation of the Directive, to identify the issues at stake for the review, to complete the information needed to perform an analysis of policy options particularly the development and simplification of the Directive in line with the Communication on better regulation. Issues covered are the producer responsibility obligations, the management of WEEE and the impacts on innovation and competition. Further information on the studies (name of study, contractor and date) is available at ec.europa.eu/environment/waste/weee
As part of this study contract an expert stakeholder workshop was organised on 15 March 2007. The conclusions of the workshop are available together with the presentations in the CIRCA page circa.europa.eu/Public/irc/env/weee_2008_ws/home.
The information gathering exercise by Bio Intelligence Service systematically screened available literature resulting in a synthesis report. The other studies (by the United Nations University, Ökopol, Arcadis/Ecolas) were research studies. An expert workshop and SME Panel via the European Information Centres Network was part of the research study carried out by United Nations University.
AEA Technology, Bio Intelligence Service, United Nations University and subcontractors, Ökopol and subcontractors, Ecolas and subcontractors.
The existence of potentially serious risks with irreversible consequences has not been mentioned.
The advice from the above studies has been summarised in the executive summaries of the studies and have been used at various places in the impact assessment of policy options; the text of the impact assessment refers consequently to the study concerned.
Publication of the opinions on the open website circa.europa.eu/Public/irc/env/weee_2008_review
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Several policy options have been assessed for the revision of the Directive, including the option of taking no action. These options have been evaluated on the basis of their economic, social and environmental impacts and to what degree they contribute to the simplification of the regulatory environment. The options considered relate to two areas: options to improve the effectiveness of the WEEE Directive and options to improve the efficiency of the Directive.
· The following options were considered to improve the effectiveness of the Directive: minimum inspection and enforcement requirements for treatment and waste shipment, collection targets for producers set at 85% of WEEE arising (which equals 65% of EEE placed on the market, which is already currently separately collected) including WEEE from business into the rate, collection of all environmentally most relevant streams, collection rate expressed in function of the EEE placed on the market. The options on minimum inspection requirement, setting the collection targets for producers at 65% of the EEE placed on the market in the preceding year were found to result in environmentally, economically and social optimal solution in this area. The IA shows that 65% reflects reality as this amount is already being separately collected on average throughout the EU Member States. This rate would include nearly all the large and medium size WEEE which is economic to collect. Data suggests that the collection costs per unit collected remain the same and environmental benefits will increase as more separately collected WEEE would be properly treated.
· The following options were considered to improve the efficiency of the Directive: Clarify the scope of the Directive using a fixed product list as the scope, define the scope in the RoHS Directive while the WEEE Directive would refer to this under 175 of the EC treaty, define categories of equipments as from private household (B2C) or from users other than private households (B2B). The impact assessment concluded that no action in this area was not a viable policy option and clarifying the scope of the WEEE Directive can best be done with a combination of the last two options. This will result in both positive environmental and economic impacts and it will provide clarity for producers, thereby reducing free riding on the market.
· Harmonise producer registration and reduce unnecessary administrative burden through creating inter-operable registers between Member States or an EU register and harmonise registration and reporting requirements. It was found that creating an interoperable national registers and harmonising registration requirements are the most viable options considering the costs occurring and the significant reduction in administrative burden
· It was also considered to include the re-use of whole appliances into the recycling target and set a new target for medical devices. Both these options have proven viable during the impact assessment.
The proposal has been subject to an impact assessment listed in the Commission's Legislative and Work Programme; it is accessible at….
Contents
- Legal elements of the proposal
- Budgetary implication
- 1.1. Grounds for and objectives of the proposal
- 1.2. General context
- 1.3. Existing provisions in the area of the proposal
- 1.4. Consistency with the other policies and objectives of the Union
- 2. Consultation of interested parties and impact assessment
- 2.1. Consultation of interested parties
- Summary of responses and how they have been taken into account
- 2.2. Collection and use of expertise
- Methodology used
- Main organisations/experts consulted
- Summary of advice received and used
- Means used to make the expert advice publicly available
- 2.3. Impact assessment
- 3.1. Summary of the proposed action
- 3.2. Legal basis
- 3.3. Subsidiarity principle
- 3.4. Proportionality principle
- 3.5. Choice of instruments
- 5. Additional information
- 5.1. 510Simplification
- 5.2. Review/revision/sunset clause
- 5.3. Recasting
- 5.4. Correlation table
- 5.5. Detailed explanation of the proposal
- Article 14: A visible fee is allowed without time limitation in line with the principles of Sustainable Consumption and Production for all products
The following main actions are proposed for the revision of the WEEE Directive:
Scope of the WEEE Directive: It is proposed to bring Annex IA and IB of Directive 2002/96/EC describing the scope for both the WEEE and RoHS Directives under the RoHS Directive which is based on Article 95 of Treaty. The WEEE Directive, based on Article 175 of the EC Treaty, will refer to this scope.
Clarify definitions: Clarification is proposed on the division between WEEE from private household and non household WEEE by classifying the equipments as either B2C or B2B equipments through comitology procedure. These actions will contribute to the further clarification of which products fall under the WEEE Directive and they will further clarify the obligations applying to different equipment producers which will contribute to establishing a level of playing field.
Collection target: a 65% WEEE collection rate (including B2B equipments) is proposed which is set in function of the average amount of EEE placed on the market in the two preceding years. This target reflects the amounts of WEEE which are currently already separately collected in the Member States and takes the variations in EEE consumption in individual Member States into account. Therefore, it will encourage Member States to come to the most optimal separate WEEE collection. The proposed collection rate should be achieved annually, starting in 2016. Several flexibilities are proposed: possible transitional measures for Member States and a re-examination of the rate by the European Parliament and Council in 2012 on the basis of a proposal from the Commission.
Recycling targets: In order to encourage the re-use of whole WEEEs it is proposed to include re-use of whole appliances in the increased (with 5%) target for recycling combined with re-use. The recycling target for medical devices (category 8 equipment) is proposed to be set at the level of those for monitoring and control instruments (category 9 equipment).
Producer Registration: In order to reduce the administrative burden related to the application of the WEEE Directive the harmonisation of the registration and reporting obligations for producers between the national producer registers is proposed including making the registers inter operational.
Enforcement: In order to bridge the implementation gap, it is proposed to set minimum inspection requirements for Member States to strengthen the enforcement of the WEEE Directive. Minimum monitoring requirements are proposed for shipments of WEEE.
Article 175 of the Treaty.
The subsidiarity principle applies insofar as the proposal does not fall under the exclusive competence of the Community.
The objectives of the proposal cannot be sufficiently achieved by the Member States for the following reason(s).
Environmental protection measures fall within the competence of both the Community and the Member States. The pollution caused by the management of WEEE is of trans-boundary nature. This is particularly true for the pollution of air or water and soil resulting from the incineration, landfilling or improper recycling of WEEE. The objective of improving the management of WEEE therefore cannot be achieved effectively by Member States alone, for this Community action is required. In addition, having different national policies on the management of WEEE hampers the effectiveness of recycling policies. Also, different national registration and reporting requirements for producers leads to unnecessary administrative burden. For that reason action should be taken on Community level.
The action by Member States alone would result in reduced level of environmental protection and increased financial and administrative burden on economic operators.
Community action will better achieve the objectives of the proposal for the following reason(s).
The transnational nature of the problems related to the review of the WEEE Directive makes them appropriate to be regulated at EU level; harmonisation of requirements for manufacturers and authorities throughout the EU will increase cost-efficiency, foster simplification and achieve higher level of environmental protection across the EU.
Indicators:
avoidance of internal market problems by creating certainty for economic operators covered by the provisions of the Directive on the meaning of definitions and the scope of the WEEE Directive;
reaching optimal environmental results by setting minimum collection and recycling targets at appropriate level across the EU;
reduction of administrative burden by simplified registration and reporting procedures for firms trading in more than one Member State;
more effective application of the WEEE Directive by strengthened enforcement and monitoring of producers and waste management compliance on the EU level.
The Council and the European Parliament in Directive 2002/96/EC called for the revision of the WEEE collection target, targets for recycling and recovery of WEEE including for the re-use of whole appliances as appropriate and for the products falling under category 8 (medical devices). This review is an integral part of developing a better regulatory environment in the EU. Clarification of the scope and of certain definitions in the Directive, setting targets and working towards interoperational producer registration systems is expected not to be effectively achievable by the Member States acting individually.
The proposal therefore complies with the subsidiarity principle.
The proposal complies with the proportionality principle for the following reason(s).
The proposal sets out legal requirements for a harmonised Community strategy for the collection and recycling of WEEE but at the same time leaves Members States free to choose the most appropriate national measures to reach the objective of the proposal. As the Directive is based on Article 175 of the Treaty, it leaves scope for further national measures. The measures in the proposed review of the WEEE Directive tackle the problems encountered during the implementation of Directive 2002/96/EC and the points explicitly indicated by Council and EP for the review.
Cuts in administrative burden:
– reduced administrative burden concerning the registration and reporting for producers marketing products in more than one Member State;
– overall cost savings from harmonised registration and reporting is €66.3 million.
Proposed instruments: directive.
Other means would not be adequate for the following reason(s).
As recent research studies have confirmed that neither the drivers for the problems nor the rationale for collecting and recycling WEEE have changed, the proposed measure is a review of an existing Directive.
The proposal has no implication for the Community budget.
The proposal provides for simplification of legislation, simplification of administrative procedures for private parties, by:
– clarifying of the scope of both the WEEE and RoHS Directives which tackle the same kind of equipment;
– harmonising formats and frequencies concerning the registration and reporting for producers.
The proposal is included in the Commission's rolling programme for up-date and simplification of the Community Acquis and its Work and Legislative Programme under the reference 2008/ENV/002.
The proposal includes a review clause.
The proposal involves recasting.
The Member States are required to communicate to the Commission the text of national provisions transposing the Directive as well as a correlation table between those provisions and this Directive.
The main proposals to recast Directive 2002/96/EC relate to:
Article 2: Scope of the Directive refers to the scope of the RoHS Directive. It is clarified what equipments are exempted from the Directive.
Article 3: Definitions are adapted and new definitions are added to increase legal certainty and coherence with other Community legislation.
Article 7: WEEE a 65% collection rate set in function of the amount of EEE placed on the market in the preceding two years. This collection rate needs to be achieved annually, for the first time in 2016 by producers. Member States may have transitional arrangement granted through comitology in case they have difficulties meeting the rate due to specific national circumstances. The collection rate is proposed to be re-examined by the European Parliament and the Council in 2012, also in view of setting possible separate collection rate for cooling and freezing equipment, on the basis of a report of the Commission.
Article 11: Recovery and recycling targets are modified to include the re-use of whole appliances and the medical devices.
Article 12: Member States, where appropriate, should encourage producers to finance all the cost occurring for collection facilities for WEEE from private households.
Article 14: A visible fee is allowed without time limitation in line with the principles of Sustainable Consumption and Production for all products
Article 16: In order to reduce administrative burden a new provision is added to harmonise the registration of producers and reporting by producers in the EU including by making the national registers interoperable.
Article 20: Minimum inspection requirements are added to improve the application of the WEEE Directive on the EU level.
Annex I of Directive 2002/96/EC is deleted and a new Annex is added establishing minimum monitoring requirements for shipments of WEEE.
Annexes II, III, IV of Directive 2002/96/EC remain unchanged as these are to be updated according to technical and scientific progress on a regular basis through comitology procedure.