COMMUNICATION FROM THE COMMISSION TO THE EUROPEAN PARLIAMENT pursuant to the second subparagraph of Article 251 (2) of the EC Treaty concerning the common position of the Council on the amended proposal for a European Parliament and Council Directive on waste from electrical and electronic equipment

1. Procedural matters

- The Proposals for a European Parliament and Council Directive on electrical and electronic appliances (COM (2000) 347 final) was adopted by the Commission on 13 June 2000 and published in the Official Journal C 365E of 19 December 2000.

The Economic and Social Committee gave its Opinion on 29 November 2000.

The Committee of Regions gave its Opinion on 14 February 2001.

The European Parliament gave its Opinion (First Reading) on 15 May 2001.

The Commission adopted the amended proposal on 6 June 2001 (COM (2001)315 final)

The Council adopted its Common Position on 4.12.2001.

2. Purpose of the Directive

The proposal establishes measures on the prevention of waste from electrical and electronic equipment, on the collection of electrical and electronic equipment as well as their treatment, recycling and recovery. It is proposed that Member States set up separate collection of waste electrical and electronic equipment (WEEE) and ensure the proper treatment, recovery and disposal of WEEE. The treatment, recovery and disposal of WEEE shall be financed by producers to create economic incentives to adapt the design of electrical and electronic equipment to the prerequisites of sound waste management. Consumers shall have the possibility to return their equipment free of charge. Quantified targets for reuse, recycling and recovery are set out.

3. Commission comments

3.1 General comments

The Commission accepted 69 of the 82 amendments proposed by the European Parliament in its first reading, either totally or partially. These amendments were mentioned in the amended Proposal of 6 June 2001 [COM(2001) 315 final].

After the European Parliament first reading, the Council adopted a Common Position unanimously on 4.12.2001.

31 of the 82 amendments proposed by the European Parliament have been incorporated in the Common Position either in full, or in part or principle.

Overall, the Common Position is in line with the original proposal of the Commission, since the general structure as well as the main provisions of the proposal have been approved by the Council.

3.2 Detailed comments

3.2.1 Amendment by the parliament accepted by the Commission and incorporated in full or in part in the Common Position

Amendments 3, 4, 6, 11, 16, 21, 22, 24, 28, 35, 37, 38, 39, 44, 51, 58, 59, 61, 62, 63, 66, 70, 71, 85, 86, 100 have been incorporated in full or in part in the Common Position.

Am. 3 has been incorporated in spirit into recital 9. Am. 4 has been incorporated in part (without the reference to "national legislation") in Recital 10. Am. 6 has been incorporated in part (without the reference to the Commission) in Recital 11. Am. 11 has been incorporated in spirit in Recital 14. Am. 16 has been incorporated in part (without the part referring to the individual responsibility) in recital 17. Am. 21 has been incorporated in part (without the part referring to export ) in Recital 20. Am 22 has been incorporated in Article 1. Am. 24 has been incorporated in Article 2 (deletion of paragraph 2 of Article 2). Am. 28 has been incorporated in part (except the reference to Member States) in Article 3(j). Am. 35 has been incorporated in Article 4(1) as regards the reference to 30 months. Am. 37 has been incorporated in part, as regards the reference to collective and individual systems, in Article 5(1). Am. 38 as been incorporated in spirit in Art. 6(2). Am. 39 has been incorporated in part (quantified targets for recovery of categories 2, 5, 6, 7 and 9) in Article 6(3). Am. 44 has been incorporated in full in Article 7(2). Am. 51 has been incorporated in part (except the part referring to penalties imposed on consumers) in Article 9(2). Am. 58 has been incorporated in Article 11. Am. 59 has been incorporated in full in Article 13. Am. 61 has been incorporated in full in a new Article. Am. 62 and 63 have been incorporated in full in Article 15 and 16 respectively. Am. 66 has been incorporated in full in Annex IA. Ams. 70 and 86 have been incorporated in part (except the heading of paragraph 1, the references to Pb, Cd, Cr VI, PBDE) in Annex II . Am. 71 has been incorporated in part in Annex II, except as regards the reference to GWP. Am. 85 has been incorporated in part (except the reference to a precise timetable for the reporting of information) in Article 11. Am. 100 has been incorporated in Annex III as regards the first two indents of paragraph 1.

3.2.2 Amendments by the Parliament accepted by the Commission in full or in part but not incorporated in the Common Position

Ams. 2, 9,10, 15, 17,18, 19, 20, 23, 25, 26, 27, 29, 30, 32, 36, 41, 42, 43, 46, 47, 48, 49, 50, 52, 55, 56, 60, 64, 68, 75, 95 have been accepted in full or in part by the Commission but have not been incorporated in the Common Position.

The Council did not accept the following amendments:

* Am. 2 relating in particular to the reference to extended producer responsibility;

* Am. 9 as regards the ban on the disposal of unsorted WEEE;

* Am. 10 relating to "job creation in the field of waste management";

* Am. 15 mentioning the term "producer responsibility";

* Am. 17 relating to the financial mechanism for the implementation of the producer responsibility;

* Am. 18 on the information to users on the ban on disposal of unsorted WEEE;

* Am. 19 on information to be provided by producers for the management of WEEE;

* Am. 20 on inspection and monitoring system;

* Am. 23 on the scope of the Directive;

* Ams. 25, 29 and 30 on the definition of "producers";

* Am. 26 referring to "consumables" in the definition of WEEE;

* Am. 27 mentioning "whole appliances and components" in the definition of reuse;

* Am. 32 adding a definition of "collection facilities";

* Am. 36 relating to the use of certified management systems;

* Am. 41 on the rules for calculating the targets of Article 6;

* Am. 42 on the definition of new targets for certain categories of WEEE;

* Am. 43 concerning the development of new waste management technologies;

* Am. 46 referring to internalisation of waste management costs as well as on a mechanism for the financing of WEEE from private households;

* Am. 47 on a ban on disposal of unsorted WEEE;

* Ams. 48, 49, 50 on the information to users;

* Ams. 52 and 75 on the making of WEEE;

* Am. 55 on distant selling;

* Am. 56 on information requirements for producers;

* Am. 60 on waste management plans;

* Am. 64 on enforcement rules;

* Am 68 on category 1 of Annex IB;

* Am. 95 on the separate collection of WEEE.

3.2.3 Amendments by the Parliament not accepted by the Commission but incorporated in the Common Position

Ams. 1, 76, 82, 98 and 99 have not been accepted by the Commission but have been incorporated in full or in part in the Common Position

Am. 1 has been incorporated in Recital 8 as regards the reference to essential criteria.

Am. 76 has been incorporated in Article 5(1) as regards the selective treatment procedure.

Am. 82 has been incorporated in Recital 15 as regards the priority to be given to reuse of WEEE.

Some of the entries referred to in Ams. 98 and 99 have been incorporated in point 1 of Annex II

3.2.4 New provisions introduced by the Council

The main changes adopted by the Council in addition to those resulting from Parliament amendments concern:

Article 2(3): this clause aims at exempting WEEE used in connection with military and security activities.

Article 2(4): this paragraph provides for specific temporary exemption for small businesses in relation to Articles 7 and 8.

Article 4(1)(a): this paragraph introduces the clause "at least free of charge" for the take-back of WEEE by distributors.

Article 4(1)(b): this provision provides precision on the responsibility falling on distributors. In addition, it allows for alternative arrangements for free-take back by distributors.

Article 4(3): this paragraph adds requirements in order to ensure that appliances are treated unless they are reused as a whole.

Article 4(4): this paragraph changes the date for the achievement of the separate collection targets (36 months instead of 31.12.2005 in the Commission Proposal).

Article 5(1) adds possibility for producers to implement treatment requirements through third parties acting on their behalf. In addition, it sets out quality standards for treatment facilities.

Article 5(4) sets out supplementary conditions to be included in the permit for treatment facilities.

Article 6(3) provides for requirements in relation to the calculation of targets, in particular for keeping of records by producers and third parties.

Article 6(2) changes the date for achievements of the targets to 46 months instead of 31.12.2005 in the Commission Proposal. It also introduces quantified targets for recycling and recovery of category 10 appliances.

Article 7(1): the terms "at a minimum" are added in relation to the responsibility of producers.

Article 7(3) rewords the clause referring to the financial requirements, in particular by adding the term "proportionately" to the text.

Article 7(4) introduces a new provision calling on producers to finance the management of "orphan products".

Article 7(5) introduces requirements for producers using distant-selling techniques.

Article 8 provides for precision on the producer responsibility for WEEE from users other than private households.

Article 9(4) provides for additional requirements for information to be provided to users.

Article 11(1)(2nd paragraph) provides for additional requirements for information to be submitted by producers using distant-selling techniques.

Article 13 provides for additional competence to the Committee for adapting the Directive to scientific and technical progress.

Article 15(3) provides for possibility for Member States to transpose certain provisions by means of environmental agreements.

Article 15(4) makes certain derogations possible for Greece and Ireland in relation to Articles 4(4) and 6(2).

Article 15(5) requires reports to be submitted by the Commission on the application of the Directive.

Annex IB, point 6 adds the term "with the exception of large-scale stationary industrial tools".

Annex IIB provides for precision introduced in several categories on the products to be taken into consideration of the purposes of the Directive.

Annex IB, point 5 excludes luminaries in households and filament bulbs.

Annex II, point 1 limits the removal requirement for printed circuit boards. It adds HC (hydrocarbons), external electric cables, ceramic fibres, radioactive substances, black mambas and electrolyte capacitors.

Annex II, point 4 introduces a reference to the Commission having to evaluate certain entries in this Annex.

4. Conclusion

The Commission welcomes the adoption of the Common Position and notes that this is overall in line with the original Commission Proposal.