This document is an excerpt from the EUR-Lex website
Document 02012L0019-20240408
Directive 2012/19/EU of the European Parliament and of the Council of 4 July 2012 on waste electrical and electronic equipment (WEEE) (recast) (Text with EEA relevance)Text with EEA relevance
Consolidated text: Directive 2012/19/EU of the European Parliament and of the Council of 4 July 2012 on waste electrical and electronic equipment (WEEE) (recast) (Text with EEA relevance)Text with EEA relevance
Directive 2012/19/EU of the European Parliament and of the Council of 4 July 2012 on waste electrical and electronic equipment (WEEE) (recast) (Text with EEA relevance)Text with EEA relevance
02012L0019 — EN — 08.04.2024 — 002.001
This text is meant purely as a documentation tool and has no legal effect. The Union's institutions do not assume any liability for its contents. The authentic versions of the relevant acts, including their preambles, are those published in the Official Journal of the European Union and available in EUR-Lex. Those official texts are directly accessible through the links embedded in this document
DIRECTIVE 2012/19/EU OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 4 July 2012 on waste electrical and electronic equipment (WEEE) (recast) (OJ L 197 24.7.2012, p. 38) |
Amended by:
|
|
Official Journal |
||
No |
page |
date |
||
DIRECTIVE (EU) 2018/849 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 30 May 2018 |
L 150 |
93 |
14.6.2018 |
|
DIRECTIVE (EU) 2024/884 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 13 March 2024 |
L 884 |
1 |
19.3.2024 |
DIRECTIVE 2012/19/EU OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL
of 4 July 2012
on waste electrical and electronic equipment (WEEE)
(recast)
(Text with EEA relevance)
Article 1
Subject matter
This Directive lays down measures to protect the environment and human health by preventing or reducing the adverse impacts of the generation and management of waste from electrical and electronic equipment (WEEE) and by reducing overall impacts of resource use and improving the efficiency of such use in accordance with Articles 1 and 4 of Directive 2008/98/EC, thereby contributing to sustainable development.
Article 2
Scope
This Directive shall apply to electrical and electronic equipment (EEE) as follows:
from 13 August 2012 to 14 August 2018 (transitional period), subject to paragraph 3, to EEE falling within the categories set out in Annex I. Annex II contains an indicative list of EEE which falls within the categories set out in Annex I;
from 15 August 2018, subject to paragraphs 3 and 4, to all EEE. All EEE shall be classified within the categories set out in Annex III. Annex IV contains a non-exhaustive list of EEE which falls within the categories set out in Annex III (open scope).
This Directive shall not apply to any of the following EEE:
equipment which is necessary for the protection of the essential interests of the security of Member States, including arms, munitions and war material intended for specifically military purposes;
equipment which is specifically designed and installed as part of another type of equipment that is excluded from or does not fall within the scope of this Directive, which can fulfil its function only if it is part of that equipment;
filament bulbs.
In addition to the equipment specified in paragraph 3, from 15 August 2018, this Directive shall not apply to the following EEE:
equipment designed to be sent into space;
large-scale stationary industrial tools;
large-scale fixed installations, except any equipment which is not specifically designed and installed as part of those installations;
means of transport for persons or goods, excluding electric two-wheel vehicles which are not type-approved;
non-road mobile machinery made available exclusively for professional use;
equipment specifically designed solely for the purposes of research and development that is only made available on a business-to-business basis;
medical devices and in vitro diagnostic medical devices, where such devices are expected to be infective prior to end of life, and active implantable medical devices.
Article 3
Definitions
For the purposes of this Directive, the following definitions shall apply:
‘electrical and electronic equipment’ or ‘EEE’ 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 and designed for use with a voltage rating not exceeding 1 000 volts for alternating current and 1 500 volts for direct current;
‘large-scale stationary industrial tools’ means a large size assembly of machines, equipment, and/or components, functioning together for a specific application, permanently installed and de-installed by professionals at a given place, and used and maintained by professionals in an industrial manufacturing facility or research and development facility;
‘large-scale fixed installation’ means a large-size combination of several types of apparatus and, where applicable, other devices, which:
are assembled, installed and de-installed by professionals;
are intended to be used permanently as part of a building or a structure at a pre-defined and dedicated location; and
can only be replaced by the same specifically designed equipment;
‘non-road mobile machinery’ means machinery, with on-board power source, the operation of which requires either mobility or continuous or semi-continuous movement between a succession of fixed working locations while working;
‘waste electrical and electronic equipment’ or ‘WEEE’ means electrical or electronic equipment which is waste within the meaning of Article 3(1) of Directive 2008/98/EC, including all components, sub-assemblies and consumables which are part of the product at the time of discarding;
‘producer’ means any natural or legal person who, irrespective of the selling technique used, including distance communication within the meaning of 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 ( 2 ):
is established in a Member State and manufactures EEE under his own name or trademark, or has EEE designed or manufactured and markets it under his name or trademark within the territory of that Member State;
is established in a Member State and resells within the territory of that Member State, under his own name or trademark, 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 for in point (i);
is established in a Member State and places on the market of that Member State, on a professional basis, EEE from a third country or from another Member State; or
sells EEE by means of distance communication directly to private households or to users other than private households in a Member State, and is established in another Member State or in a third country.
Whoever exclusively provides financing under or pursuant to any finance agreement shall not be deemed to be a ‘producer’ unless he also acts as a producer within the meaning of points (i) to (iv);
‘distributor’ means any natural or legal person in the supply chain, who makes an EEE available on the market. This definition does not prevent a distributor from being, at the same time, a producer within the meaning of point (f);
‘WEEE from private households’ means WEEE which comes from private households and WEEE which comes from commercial, industrial, institutional and other sources which, because of its nature and quantity, is similar to that from private households. Waste from EEE likely to be used by both private households and users other than private households shall in any event be considered to be WEEE from private households;
‘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;
‘making available on the market’ means any supply of a product for distribution, consumption or use on the market of a Member State in the course of a commercial activity, whether in return for payment or free of charge;
‘placing on the market’ means the first making available of a product on the market within the territory of a Member State on a professional basis;
‘removal’ means manual, mechanical, chemical or metallurgic handling with the result that hazardous substances, mixtures and components are contained in an identifiable stream or are an identifiable part of a stream within the treatment process. A substance, mixture or component is identifiable if it can be monitored to verify environmentally safe treatment;
‘medical device’ means a medical device or accessory within the meaning of, respectively, point (a) or (b) of Article 1(2) of Council Directive 93/42/EEC of 14 June 1993 concerning medical devices ( 3 ) which is EEE;
‘in vitro diagnostic medical device’ means an in vitro diagnostic device or accessory within the meaning of, respectively, point (b) or (c) of Article 1(2) of Directive 98/79/EC of the European Parliament and of the Council of 27 October 1998 on in vitro diagnostic medical devices ( 4 ) which is EEE;
‘active implantable medical device’ means an active implantable medical device within the meaning of point (c) of Article 1(2) of Council Directive 90/385/EEC of 20 June 1990 on the approximation of the laws of the Member States relating to active implantable medical devices ( 5 ) which is EEE.
Article 4
Product design
Member States shall, without prejudice to the requirements of Union legislation on the proper functioning of the internal market and on product design, including Directive 2009/125/EC, encourage cooperation between producers and recyclers and measures to promote the design and production of EEE, notably in view of facilitating re-use, dismantling and recovery of WEEE, its components and materials. In this context, Member States shall take appropriate measures so that the ecodesign requirements facilitating re-use and treatment of WEEE established in the framework of Directive 2009/125/EC are applied and producers do not prevent, through specific design features or manufacturing processes, WEEE from being re-used, unless such specific design features or manufacturing processes present overriding advantages, for example, with regard to the protection of the environment and/or safety requirements.
Article 5
Separate collection
For WEEE from private households, Member States shall ensure that:
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;
when supplying a new product, distributors are 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. Member States may derogate from this provision provided that they ensure that returning the WEEE is not thereby made more difficult for the final holder and that it remains free of charge for the final holder. Member States making use of this derogation shall inform the Commission thereof;
distributors provide for the collection, at retail shops with sales areas relating to EEE of at least 400 m2, or in their immediate proximity, of very small WEEE (no external dimension more than 25 cm) free of charge to end-users and with no obligation to buy EEE of an equivalent type, unless an assessment shows that alternative existing collection schemes are likely to be at least as effective. Such assessments shall be available to the public. WEEE collected shall be properly treated in accordance with Article 8;
without prejudice to points (a), (b) and (c), producers are allowed to set up and to operate individual and/or collective take-back systems for WEEE from private households provided that these are in line with the objectives of this Directive;
having regard to national and Union health and safety standards, WEEE that presents a health and safety risk to personnel because of contamination may be refused for return under points (a), (b) and (c). Member States shall make specific arrangements for such WEEE.
Member States may provide for specific arrangements for the return of WEEE pursuant to points (a), (b) and (c) for cases in which the equipment does not contain its essential components or if the equipment contains waste other than WEEE.
Article 6
Disposal and transport of collected WEEE
In order to maximise preparing for re-use, Member States shall promote that, prior to any further transfer, collection schemes or facilities provide, where appropriate, for the separation at the collection points of WEEE that is to be prepared for re-use from other separately collected WEEE, in particular by granting access for personnel from re-use centres.
Article 7
Collection rate
From 2019, the minimum collection rate to be achieved annually shall be 65 % of the average weight of EEE placed on the market in the three preceding years in the Member State concerned, or alternatively 85 % of WEEE generated on the territory of that Member State.
Until 31 December 2015, a rate of separate collection of at least 4 kilograms on average per inhabitant per year of WEEE from private households or the same amount of weight of WEEE as was collected in that Member State on average in the three preceding years, whichever is greater, shall continue to apply.
Member States may set more ambitious rates for separate collection of WEEE and shall in such a case report this to the Commission.
In order to establish whether the minimum collection rate has been achieved, Member States shall ensure that information concerning the WEEE that is separately collected in accordance with Article 5 is transmitted to the Member States free of charge, including at least information on WEEE that has been:
received by collection and treatment facilities;
received by distributors;
separately collected by producers or third parties acting on their behalf.
By way of derogation from paragraph 1, Bulgaria, the Czech Republic, Latvia, Lithuania, Hungary, Malta, Poland, Romania, Slovenia and Slovakia may, because of their lack of the necessary infrastructure and their low level of EEE consumption, decide to:
achieve, from 14 August 2016, a collection rate that is lower than 45 % but higher than 40 % of the average weight of EEE placed on the market in the three preceding years; and
postpone the achievement of the collection rate referred to in the second subparagraph of paragraph 1 until a date of their own choice which shall not be later than 14 August 2021.
Article 8
Proper treatment
The Commission shall evaluate, as a matter of priority, whether the entries regarding printed circuit boards for mobile phones and liquid crystal displays need to be amended. The Commission is invited to evaluate whether amendments to Annex VII are necessary to address nanomaterials contained in EEE.
Member States which opt for such quality standards shall inform the Commission thereof, which shall publish these standards.
The Commission shall, not later than 14 February 2013, request the European standardisation organisations to develop European standards for the treatment, including recovery, recycling and preparing for re-use, of WEEE. Those standards shall reflect the state of the art.
In order to ensure uniform conditions for the implementation of this Article, the Commission may adopt implementing acts laying down minimum quality standards based in particular on the standards developed by the European standardisation organisations. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 21(2).
A reference to the standards adopted by the Commission shall be published.
Article 9
Permits
Article 10
Shipments of WEEE
Article 11
Recovery targets
Preliminary activities including sorting and storage prior to recovery shall not count towards the achievement of these targets.
Member States shall also ensure that, for the purposes of paragraph 6, records on the weight of products and materials when leaving (output) the recovery or recycling/preparing for re-use facility are kept.
Article 12
Financing in respect of WEEE from private households
Member States shall ensure that producers provide at least for the financing of the collection, treatment, recovery and environmentally sound disposal of WEEE from private households that has been deposited at collection facilities set up under Article 5(2) as follows:
for WEEE resulting from EEE referred to in Article 2(1), point (a), other than photovoltaic panels, where such EEE was placed on the market after 13 August 2005;
for WEEE resulting from photovoltaic panels where such photovoltaic panels were placed on the market from 13 August 2012; and
for WEEE resulting from EEE referred to in Article 2(1), point (b), and which does not fall within the scope of Article 2(1), point (a), where such EEE was placed on the market from 15 August 2018.
Member States shall ensure that each producer provides a guarantee when placing a product on the market showing that the management of all WEEE will be financed and shall ensure that producers clearly mark their products in accordance with Article 15(2). This guarantee shall ensure that the operations referred to in paragraph 1 relating to this product will be financed. The guarantee may take the form of participation by the producer in appropriate schemes for the financing of the management of WEEE, a recycling insurance or a blocked bank account.
Article 13
Financing in respect of WEEE from users other than private households
Member States shall ensure that the financing of the costs for the collection, treatment, recovery and environmentally sound disposal of WEEE from users other than private households is to be provided for by producers as follows:
for WEEE resulting from EEE referred to in Article 2(1), point (a), other than photovoltaic panels, where such EEE was placed on the market after 13 August 2005;
for WEEE resulting from photovoltaic panels where such photovoltaic panels were placed on the market from 13 August 2012; and
for WEEE resulting from EEE referred to in Article 2(1), point (b), which does not fall within the scope of Article 2(1), point (a), where such EEE was placed on the market from 15 August 2018.
For historical waste from EEE referred to in Article 2(1), point (a), other than photovoltaic panels, being replaced by new equivalent products or by new products fulfilling the same function, the financing of the costs shall be provided for by producers of those products when supplying them. Member States may, as an alternative, provide that users other than private households also be made, partly or totally, responsible for that financing.
For other historical waste from EEE referred to in Article 2(1), point (a), other than photovoltaic panels, the financing of the costs shall be provided for by the users other than private households.
Article 14
Information for users
Member States shall ensure that users of EEE in private households are given the necessary information about:
the requirement not to dispose of WEEE as unsorted municipal waste and to collect such WEEE separately;
the return and collection systems available to them, encouraging the coordination of information on the available collection points irrespective of the producers or other operators which have set them up;
their role in contributing to re-use, recycling and other forms of recovery of WEEE;
the potential effects on the environment and human health as a result of the presence of hazardous substances in EEE;
the meaning of the symbol shown in Annex IX.
Article 15
Information for treatment facilities
For photovoltaic panels, the obligation referred to in the first subparagraph shall only apply to photovoltaic panels placed on the market from 13 August 2012.
For EEE referred to in Article 2(1), point (b), and which do not fall within the scope of Article 2(1), point (a), the obligation referred to in the first subparagraph of this paragraph shall only apply to the EEE placed on the market from 15 August 2018.
Article 16
Registration, information and reporting
Producers supplying EEE by means of distance communication as defined in Article 3(1)(f)(iv) shall be registered in the Member State that they sell to. Where such producers are not registered in the Member State that they are selling to, they shall be registered through their authorised representatives as referred to in Article 17(2).
Member States shall ensure that:
each producer, or each authorised representative where appointed under Article 17, is registered as required and has the possibility of entering online in their national register all relevant information reflecting that producer’s activities in that Member State;
upon registering, each producer, or each authorised representative where appointed under Article 17, provides the information set out in Annex X, Part A, undertaking to update it as appropriate;
each producer, or each authorised representative where appointed under Article 17, provides the information set out in Annex X, Part B;
national registers provide links to other national registers on their website to facilitate, in all Member States, registration of producers or, where appointed under Article 17, authorised representatives.
▼M1 —————
They shall report the data electronically within 18 months of the end of the reporting year for which the data are collected. The data shall be reported in the format established by the Commission in accordance with paragraph 9.
The first reporting period shall start in the first full calendar year after the adoption of the implementing act that establishes the format for reporting, in accordance with paragraph 9, and it shall cover the data for that reporting period.
Article 16a
Incentives for the application of the waste hierarchy
In order to contribute to the objectives laid down in this Directive, Member States may make use of economic instruments and other measures to provide incentives for the application of the waste hierarchy, such as those indicated in Annex IVa to Directive 2008/98/EC or other appropriate instruments and measures.
Article 17
Authorised representative
Article 18
Administrative cooperation and exchange of information
Member States shall ensure that authorities responsible for implementing this Directive cooperate with each other, in particular to establish an adequate flow of information to ensure that producers comply with the provisions of this Directive and, where appropriate, provide each other and the Commission with information in order to facilitate the proper implementation of this Directive. The administrative cooperation and exchange of information, in particular between national registers, shall include electronic means of communication.
Cooperation shall include, inter alia, granting access to the relevant documents and information including the results of any inspections, subject to the provisions of the data protection law in force in the Member State of the authority which is requested to cooperate.
Article 19
Adaptation to scientific and technical progress
The Commission is empowered to adopt delegated acts in accordance with Article 20 of this Directive concerning the amendments necessary in order to adapt Annexes IV, VII, VIII and IX to this Directive to scientific and technical progress. The Commission shall adopt a separate delegated act in respect of each Annex to be amended. When amending Annex VII to this Directive, the exemptions granted under Directive 2011/65/EU of the European Parliament and of the Council ( 8 ) shall be taken into consideration.
Before the Annexes are amended, the Commission shall, inter alia, consult producers of EEE, recyclers, treatment operators and environmental organisations and employees’ and consumer associations.
Article 20
Exercise of the delegation
Article 21
Committee procedure
Where the committee delivers no opinion, the Commission shall not adopt the draft implementing act and the third subparagraph of Article 5(4) of Regulation (EU) No 182/2011 shall apply.
Article 22
Penalties
The Member States shall lay down the rules on penalties applicable to infringements of the national provisions adopted pursuant to this Directive and shall take all measures necessary to ensure that they are implemented. The penalties provided for must be effective, proportionate and dissuasive. The Member States shall notify those provisions to the Commission by 14 February 2014 at the latest and shall notify it without delay of any subsequent amendment affecting them.
Article 23
Inspection and monitoring
Those inspections shall at least cover:
information reported in the framework of the register of producers;
shipments, in particular exports of WEEE outside the Union in compliance with Regulation (EC) No 1013/2006 and Regulation (EC) No 1418/2007; and
the operations at treatment facilities in accordance with Directive 2008/98/EC and Annex VII of this Directive.
Article 24
Transposition
When Member States adopt those provisions, they shall contain a reference to this Directive or shall be accompanied by such reference on the occasion of their official publication. They shall also include a statement that references in existing laws, regulations and administrative provisions to the directives repealed by this Directive shall be construed as references to this Directive. Member States shall determine how such reference is to be made and how that statement is to be formulated.
Provided that the objectives set out in this Directive are achieved, Member States may transpose the provisions set out in Article 8(6), Article 14(2) and Article 15 by means of agreements between the competent authorities and the economic sectors concerned. Such agreements shall meet the following requirements:
agreements shall be enforceable;
agreements shall specify objectives with the corresponding deadlines;
agreements shall be published in the national official journal or an official document equally accessible to the public and transmitted to the Commission;
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;
the competent authorities shall ensure that the progress achieved under the agreement is examined;
in the case of non-compliance with the agreement, Member States must implement the relevant provisions of this Directive by legislative, regulatory or administrative measures.
Article 24a
Review
In the impact assessment referred to in paragraph 1, the Commission shall consider, in particular, the need for:
provisions which specifically ensure that the principle of legal certainty is adhered to and that there is no unjustified retroactive effect in any Member State;
provisions which ensure the implementation of the waste hierarchy as laid down in Article 4 of Directive 2008/98/EC;
provisions which ensure that citizens and consumers are not burdened with disproportionate costs, in line with the ‘polluter pays’ principle;
provisions which ensure full implementation and enforcement of this Directive, in particular with regard to adequate collection targets, as well as with regard to preventing illegal trade of WEEE;
creating a new EEE category for ‘photovoltaic panels’ under this Directive with the aim to disassociate photovoltaic panels from the existing EEE category 4, ‘large equipment’, as referred to in Annexes III and IV, and calculating the collection targets on the basis of waste photovoltaic panels available for collection based on their expected lifetime, rather than on the quantity of products placed on the market;
establishing a mechanism to ensure that, in the event of failure or liquidation of the producer, the future costs of collection, treatment, recovery and environmentally sound disposal of waste from photovoltaic panels from both private households and users other than private households will be covered financially.
Article 25
Repeal
Directive 2002/96/EC as amended by the Directives listed in Annex XI, Part A is repealed with effect from 15 February 2014, without prejudice to the obligations of the Member States relating to the time limits for transposition into national law and application of the Directives set out in Annex XI, Part B.
References to the repealed Directives shall be construed as references to this Directive and shall be read in accordance with the correlation table in Annex XII.
Article 26
Entry into force
This Directive shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.
Article 27
Addressees
This Directive is addressed to the Member States.
ANNEX I
Categories of EEE covered by this Directive during the transitional period as provided for in Article 2(1)(a)
1. Large household appliances
2. Small household appliances
3. IT and telecommunications equipment
4. Consumer equipment and photovoltaic panels
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 II
Indicative list of EEE which falls within the categories of Annex I
1. LARGE HOUSEHOLD APPLIANCES
2. SMALL HOUSEHOLD APPLIANCES
3. IT AND TELECOMMUNICATIONS EQUIPMENT
4. CONSUMER EQUIPMENT AND PHOTOVOLTAIC PANELS
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 III
CATEGORIES OF EEE COVERED BY THIS DIRECTIVE
1. Temperature exchange equipment
2. Screens, monitors, and equipment containing screens having a surface greater than 100 cm2
3. Lamps
4. Large equipment (any external dimension more than 50 cm) including, but not limited to:
Household appliances; IT and telecommunication equipment; consumer equipment; luminaires; equipment reproducing sound or images, musical equipment; electrical and electronic tools; toys, leisure and sports equipment; medical devices; monitoring and control instruments; automatic dispensers; equipment for the generation of electric currents. This category does not include equipment included in categories 1 to 3.
5. Small equipment (no external dimension more than 50 cm) including, but not limited to:
Household appliances; consumer equipment; luminaires; equipment reproducing sound or images, musical equipment; electrical and electronic tools; toys, leisure and sports equipment; medical devices; monitoring and control instruments; automatic dispensers; equipment for the generation of electric currents. This category does not include equipment included in categories 1 to 3 and 6.
6. Small IT and telecommunication equipment (no external dimension more than 50 cm)
ANNEX IV
Non-exhaustive list of EEE which falls within the categories listed in Annex III
1. Temperature exchange equipment
Refrigerators, Freezers, Equipment which automatically delivers cold products, Air conditioning equipment, Dehumidifying equipment, Heat pumps, Radiators containing oil and other temperature exchange equipment using fluids other than water for the temperature exchange.
2. Screens, monitors, and equipment containing screens having a surface greater than 100 cm2
Screens, Televisions, LCD photo frames, Monitors, Laptops, Notebooks.
3. Lamps
Straight fluorescent lamps, Compact fluorescent lamps, Fluorescent lamps, High intensity discharge lamps - including pressure sodium lamps and metal halide lamps, Low pressure sodium lamps, LED.
4. Large equipment
Washing machines, Clothes dryers, Dish washing machines, Cookers, Electric stoves, Electric hot plates, Luminaires, Equipment reproducing sound or images, Musical equipment (excluding pipe organs installed in churches), Appliances for knitting and weaving, Large computer-mainframes, Large printing machines, Copying equipment, Large coin slot machines, Large medical devices, Large monitoring and control instruments, Large appliances which automatically deliver products and money, Photovoltaic panels.
5. Small equipment
Vacuum cleaners, Carpet sweepers, Appliances for sewing, Luminaires, Microwaves, Ventilation equipment, Irons, Toasters, Electric knives, Electric kettles, Clocks and Watches, Electric shavers, Scales, Appliances for hair and body care, Calculators, Radio sets, Video cameras, Video recorders, Hi-fi equipment, Musical instruments, Equipment reproducing sound or images, Electrical and electronic toys, Sports equipment, Computers for biking, diving, running, rowing, etc., Smoke detectors, Heating regulators, Thermostats, Small Electrical and electronic tools, Small medical devices, Small Monitoring and control instruments, Small Appliances which automatically deliver products, Small equipment with integrated photovoltaic panels.
6. Small IT and telecommunication equipment (no external dimension more than 50 cm)
Mobile phones, GPS, Pocket calculators, Routers, Personal computers, Printers, Telephones.
ANNEX V
MINIMUM RECOVERY TARGETS REFERRED TO IN ARTICLE 11
Part 1: Minimum targets applicable by category from 13 August 2012 until 14 August 2015 with reference to the categories listed in Annex I:
for WEEE falling within category 1 or 10 of Annex I,
for WEEE falling within category 3 or 4 of Annex I,
for WEEE falling within category 2, 5, 6, 7, 8 or 9 of Annex I,
for gas discharge lamps, 80 % shall be recycled.
Part 2: Minimum targets applicable by category from 15 August 2015 until 14 August 2018 with reference to the categories listed in Annex I:
for WEEE falling within category 1 or 10 of Annex I,
for WEEE falling within category 3 or 4 of Annex I,
for WEEE falling within category 2, 5, 6, 7, 8 or 9 of Annex I,
for gas discharge lamps, 80 % shall be recycled.
Part 3: Minimum targets applicable by category from 15 August 2018 with reference to the categories listed in Annex III:
for WEEE falling within category 1 or 4 of Annex III,
for WEEE falling within category 2 of Annex III,
for WEEE falling within category 5 or 6 of Annex III,
for WEEE falling within category 3 of Annex III, 80 % shall be recycled.
ANNEX VI
MINIMUM REQUIREMENTS FOR SHIPMENTS
1. In order to distinguish between EEE and WEEE, where the holder of the object claims that he intends to ship or is shipping used EEE and not WEEE, Member States shall require the holder to have available the following to substantiate this claim:
a copy of the invoice and contract relating to the sale and/or transfer of ownership of the EEE which states that the equipment is destined for direct re-use and that it is fully functional;
evidence of evaluation or testing in the form of a copy of the records (certificate of testing, proof of functionality) on every item within the consignment and a protocol containing all record information according to point 3;
a declaration made by the holder who arranges the transport of the EEE that none of the material or equipment within the consignment is waste as defined by Article 3(1) of Directive 2008/98/EC; and
appropriate protection against damage during transportation, loading and unloading in particular through sufficient packaging and appropriate stacking of the load.
2. By way of derogation, point 1(a) and (b) and point 3 do not apply where it is documented by conclusive proof that the shipment is taking place in the framework of a business-to-business transfer agreement and that:
the EEE is sent back to the producer or a third party acting on his behalf as defective for repair under warranty with the intention of re-use; or
the used EEE for professional use is sent to the producer or a third party acting on his behalf or a third-party facility in countries to which Decision C(2001)107/Final of the OECD Council concerning the revision of Decision C(92)39/Final on control of transboundary movements of wastes destined for recovery operations applies, for refurbishment or repair under a valid contract with the intention of re-use; or
the defective used EEE for professional use, such as medical devices or their parts, is sent to the producer or a third party acting on his behalf for root cause analysis under a valid contract, in cases where such an analysis can only be conducted by the producer or third parties acting on his behalf.
3. In order to demonstrate that the items being shipped constitute used EEE rather than WEEE, Member States shall require the following steps for testing and record keeping for used EEE to be carried out:
Functionality shall be tested and the presence of hazardous substances shall be evaluated. The tests to be conducted depend on the kind of EEE. For most of the used EEE a functionality test of the key functions is sufficient.
Results of evaluation and testing shall be recorded.
The record shall be fixed securely but not permanently on either the EEE itself (if not packed) or on the packaging so it can be read without unpacking the equipment.
The record shall contain the following information:
4. In addition to the documentation requested in points 1, 2 and 3, every load (e.g. shipping container, lorry) of used EEE shall be accompanied by:
a relevant transport document, e.g. CMR or waybill;
a declaration by the liable person on its responsibility.
5. In the absence of proof that an object is used EEE and not WEEE through the appropriate documentation required in points 1, 2, 3 and 4 and of appropriate protection against damage during transportation, loading and unloading in particular through sufficient packaging and appropriate stacking of the load, which are the obligations of the holder who arranges the transport, Member State authorities shall consider that an item is WEEE and presume that the load comprises an illegal shipment. In these circumstances the load will be dealt with in accordance with Articles 24 and 25 of Regulation (EC) No 1013/2006.
ANNEX VII
Selective treatment for materials and components of waste electrical and electronic equipment referred to in Article 8(2)
1. As a minimum the following substances, mixtures and components have to be removed from any separately collected WEEE:
These substances, mixtures and components shall be disposed of or recovered in compliance with Directive 2008/98/EC.
2. The following components of WEEE that is separately collected have to be treated as indicated:
3. Taking into account environmental considerations and the desirability of preparation for re-use and recycling, points 1 and 2 shall be applied in such a way that environmentally-sound preparation for re-use and recycling of components or whole appliances is not hindered.
ANNEX VIII
TECHNICAL REQUIREMENTS REFERRED TO IN ARTICLE 8(3)
1. Sites for storage (including temporary storage) of WEEE prior to its treatment (without prejudice to the requirements of Council Directive 1999/31/EC of 26 April 1999 on the landfill of waste ( 12 )):
2. Sites for treatment of WEEE:
ANNEX IX
SYMBOL FOR THE MARKING OF EEE
The symbol indicating separate collection for EEE consists of the crossed-out wheeled bin, as shown below. The symbol must be printed visibly, legibly and indelibly.
ANNEX X
INFORMATION FOR REGISTRATION AND REPORTING REFERRED TO IN ARTICLE 16
A. Information to be submitted upon registration:
Name and address of the producer or of the authorised representative where appointed under Article 17 (postal code and location, street name and number, country, telephone and fax number, e-mail, as well as a contact person). In the case of an authorised representative as defined in Article 17, also the contact details of the producer that is represented.
National identification code of the producer, including European tax number or national tax number of the producer.
Category of EEE set out in Annex I or III, as appropriate.
Type of EEE (household or other than household equipment).
Brand name of EEE.
Information on how the producer meets its responsibilities: individual or collective scheme, including information on financial guarantee.
Selling technique used (e.g. distance selling).
Declaration stating that the information provided is true.
B. Information to be submitted for reporting:
National identification code of the producer.
Reporting period.
Category of EEE set out in Annex I or III, as appropriate.
Quantity of EEE placed on the national market, by weight.
Quantity, by weight, of waste of EEE separately collected, recycled (including prepared for re-use), recovered and disposed of within the Member State or shipped within or outside the Union.
Note: information set out in points 4 and 5 must be given by category.
ANNEX XI
PART A
Repealed Directive with its successive amendments
(referred to in Article 25)
Directive 2002/96/EC on waste electrical and electronic equipment (WEEE) |
(OJ L 37, 13.2.2003, p. 24) |
Directive 2003/108/EC of the European Parliament and of the Council |
(OJ L 345, 31.12.2003, p. 106) |
Directive 2008/34/EC of the European Parliament and of the Council |
(OJ L 81, 20.3.2008, p. 65) |
PART B
List of time limits for transposition into national law
(referred to in Article 25)
Directive |
Deadline for transposition |
2002/96/EC |
13 August 2004 |
2003/108/EC |
13 August 2004 |
2008/34/EC |
— |
ANNEX XII
CORRELATION TABLE
Directive 2002/96/EC |
This Directive |
Article 1 |
— |
— |
Article 1 |
Article 2(1) |
Article 2(1) |
Article 2(2) |
Article 2(2) |
Article 2(3) |
Article 2(3)(a) |
Article 2(1) (partly) |
Article 2(3)(b) |
Annex IB, point 5, last item |
Article 2(3)(c) |
Annex IB, point 8 |
Article 2(4)(g) |
— |
Article 2(4)(a) to (f) and 2(5) |
Article 3(a) |
Article 3(1)(a) |
— |
Article 3(1)(b) to (d) |
Article 3(b) |
Article 3(1)(e) |
Article 3(c) to (h) |
Article 3(2) |
Article 3(i) |
Article 3(1)(f) |
Article 3(j) |
Article 3(1)(g) |
Article 3(k) |
Article 3(1)(h) |
Article 3(l) |
— |
Article 3(m) |
Article 3(1)(i) |
— |
Article 3(1)(j) to (o) |
Article 4 |
Article 4 |
Article 5(1) to (2) |
Article 5(1) to (2) |
— |
Article 5(3) to (4) |
Article 5(3) |
Article 5(5) |
— |
Article 6(1) |
Article 5(4) |
Article 6(2) |
Article 5(5) |
Article 7(1) and (2) |
— |
Article 8(1) |
Article 6(1), first and second subparagraphs, and (3) |
Article 8(2), (3) and (4) |
Annex II(4) |
Article 8(4), second subparagraph, first sentence |
Article 6(1), third subparagraph |
Article 8(5) |
Article 6(6) |
Article 8(6) |
Article 6(2) |
Article 9(1) and (2) |
Article 6(4) |
Article 9(3) |
Article 6(5) |
Article 10(1) and (2) |
— |
Article 10(3) |
Article 7(1) |
— |
Article 7(2) |
Article 11(1) and Annex V |
— |
Article 11(2) |
— |
Article 11(3) |
Article 7(3), first subparagraph |
Article 11(4) |
Article 7(3), second subparagraph |
— |
Article 7(4) |
— |
Article 7(5) |
Article 11(5) |
— |
Article 11(6) |
Article 8(1) |
Article 12(1) |
— |
Article 12(2) |
Article 8(2), first and second subparagraphs |
Article 12(3) |
Article 8(2), third subparagraph |
Article 14(1) (partly) |
Article 8(3), first subparagraph |
Article 12(4) |
— |
Article 12(5) |
Article 8(3), second subparagraph |
Article 14(1) (partly) |
Article 8(4) |
— |
Article 9(1), first subparagraph |
Article 13(1), first subparagraph |
Article 9(1), second subparagraph |
— |
Article 9(1), third subparagraph |
Article 13(1), second subparagraph |
Article 9(1), fourth subparagraph |
Article 13(1), third subparagraph |
Article 9(2) |
Article 13(2) |
Article 10(1) |
Article 14(2) |
Article 10(2) |
Article 14(3) |
Article 10(3) |
Article 14(4) |
Article 10(4) |
Article 14(5) |
Article 11 |
Article 15 |
Article 12(1) (partly) |
Article 16(1) to (3) |
Article 12(1), first subparagraph (partly) |
Article 16(4) |
Article 12(1), second subparagraph |
Article 16(1) and (2) and Article 17(2) and (3) |
Article 12(1), third subparagraph |
Article 16(3) and (5) |
— |
Article 17(1) |
Article 12(1), fourth subparagraph |
Article 18 |
Article 12(2) |
Article 16(5) |
Article 13 |
Article 19 |
— |
Article 20 |
Article 14 |
Article 21 |
Article 15 |
Article 22 |
Article 16 |
Article 23(1) |
— |
Article 23(2) to (4) |
Article 17(1) to (3) |
Article 24(1) to (3) |
Article 17(4) |
Article 7(3) |
Article 17(5) |
Article 7(4) to (7), Article 11(6) and Article 12(6) |
— |
Article 25 |
Article 18 |
Article 26 |
Article 19 |
Article 27 |
Annex IA |
Annex I |
Annex IB |
Annex II |
— |
Annexes III, IV and VI |
Annexes II to IV |
Annexes VII to IX |
— |
Annexes X and XI |
— |
Annex XII |
( 1 ) OJ L 396, 30.12.2006, p. 1.
( 2 ) OJ L 144, 4.6.1997, p. 19.
( 3 ) OJ L 169, 12.7.1993, p. 1.
( 4 ) OJ L 331, 7.12.1998, p. 1.
( 5 ) OJ L 189, 20.7.1990, p. 17.
( 6 ) OJ L 342, 22.12.2009, p. 1.
( 7 ) OJ L 316, 4.12.2007, p. 6.
( 8 ) Directive 2011/65/EU of the European Parliament and of the Council of 8 June 2011 on the restriction of the use of certain hazardous substances in electrical and electronic equipment (OJ L 174, 1.7.2011, p. 88).
( 9 ) OJ L 243, 24.9.1996, p. 31.
( 10 ) OJ L 343, 13.12.1997, p. 19.
( 11 ) OJ L 159, 29.6.1996, p. 1.
( 12 ) OJ L 182, 16.7.1999, p. 1.