(1)

A number of substantial changes are to be made to Directive 2002/96/EC of the European Parliament and of the Council of 27 January 2003 on waste electrical and electronic equipment (WEEE) (4). In the interests of clarity, that Directive should be recast.

(2)

The objectives of the Union’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.

(3)

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.

(4)

This Directive supplements the general EU waste management legislation, such as Directive 2008/98/EC of the European Parliament and of the Council of 19 November 2008 on waste (6). It refers to the definitions of that Directive including the definitions of waste and general waste management operations. The definition of collection according to Directive 2008/98/EC includes the preliminary sorting and preliminary storage of waste for the purposes of transport to a waste treatment facility. Directive 2009/125/EC of the European Parliament and of the Council (7) establishes a framework for setting ecodesign requirements for energy-related products and enables the adoption of specific eco-design requirements for energy-related products which may also be covered by this Directive. Directive 2009/125/EC and the implementing measures adopted pursuant to it are without prejudice to Union waste management legislation. Directive 2002/95/EC of the European Parliament and of the Council of 27 January 2003 on the restriction of the use of certain hazardous substances in electrical and electronic equipment (8) requires the substitution of banned substances for all electrical and electronic equipment (EEE) within its scope.

(5)

Directive 2008/98/EC 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.

(6)

As the market continues to expand and innovation cycles become even shorter, the replacement of equipment accelerates, making WEEE a fast growing waste stream. While Directive 2002/95/EC contributes effectively to reducing hazardous substances in new EEE, hazardous substances such as mercury, cadmium, lead, hexavalent chromium and polychlorinated biphenyls (PCBs) and ozone-depleting substances will still be present in WEEE for many years. The content of hazardous components in EEE is a major concern during the waste management phase and recycling of WEEE is not undertaken to a sufficient extent. A lack of recycling would result in the loss of valuable resources.

(7)

The purpose of this Directive is to contribute to sustainable production and consumption through, as a first priority, the prevention of WEEE, and in addition, through the re-use, recycling and other forms of recovery of WEEE so as to reduce the disposal of waste and contribute to the efficient use of resources and the retrieval of strategic raw materials . It also seeks to improve the environmental performance of all operators involved in the life cycle of EEE, such as producers, distributors and consumers and in particular those operators directly involved in the collection and treatment of WEEE. 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 Union level and harmonised standards for the collection and handling of WEEE should be developed .

(8)

Since the objectives of the action to be taken cannot be sufficiently achieved by the Member States and can be better achieved at Union level by reason of the scale of the problem, the Union may therefore adopt measures, in accordance with the principle of subsidiarity as set out in Article 5 of the Treaty on European Union. In accordance with the principle of proportionality, as set out in that Article, this Directive does not go beyond what is necessary in order to achieve those objectives.

(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 resulting from this Directive concerning WEEE for which the equipment was sold by distance or electronic selling.

(10)

This Directive should cover all EEE used by consumers and EEE intended for professional use. This Directive should apply without prejudice to Union legislation on safety and health requirements protecting all actors in contact with WEEE as well as specific Union waste management legislation, in particular Directive 2006/66/EC of the European Parliament and of the Council of 6 September 2006 on batteries and accumulators and waste batteries and accumulators (9), and Union product design legislation, in particular Directive 2005/32/EC. Large-scale fixed installations should be excluded from the scope of this Directive because they are permanently installed and operated at a particular location, are assembled and disassembled by specialist personnel and therefore represent a controlled waste stream. Large-scale stationary industrial tools installed for operation at a specific location should also be excluded from the scope of this Directive. Mobile machinery operated exclusively by professional users should likewise be excluded because it too is disassembled and disposed of by specialist personnel and it therefore represents a controlled waste stream. Photovoltaic modules, which are also installed and removed by specialist personnel and are instrumental in achieving renewable-energy targets, thus helping to reduce CO2, should also be excluded. Furthermore, the solar industry has concluded a voluntary environmental agreement with the aim of recycling 85 % of photovoltaic modules. The Commission should assess whether that agreement is achieving at least equivalent results as compared to this Directive and whether it covers all photovoltaic modules placed on the market, and it should, if appropriate, on the basis of a report, submit a proposal to include photovoltaic modules in the scope of the Directive.

(11)

The establishment, by this Directive, of producer responsibility is one of the means of encouraging the design and production of EEE which take into full account and facilitate their repair, possible upgrading, re-use, disassembly and recycling.

(12)

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 Union legislation on safety and health requirements, determine the conditions under which take-back may be refused by distributors.

(13)

Separate collection is a 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 Union. 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. Distributors , municipalities and recyclers all have an important role in contributing to the success of WEEE collection and treatment and thus should be subject to the requirements of this Directive.

(14)

In order to attain the chosen level of protection and harmonised environmental objectives of the Union, Member States should adopt appropriate measures to minimise the disposal of WEEE as unsorted municipal waste and to achieve a high level of separate collection of WEEE. In order to ensure that Member States strive to set up efficient collection schemes, they should be required to achieve a high level of collection of WEEE, particularly for cooling and freezing equipment containing ozone-depleting substances and fluorinated greenhouse gases, given their high environmental impact and in view of obligations contained in Regulation (EC) No 1005/2009 of the European Parliament and of the Council of 16 September 2009 on substances that deplete the ozone layer (10) and Regulation (EC) No 842/2006of the European Parliament and of the Council of 17 May 2006 on certain fluorinated greenhouse gases (11). Data included in the impact assessment show that 65 % of EEE placed on the market is already separately collected today, but more than half of this potentially leaks to improper treatment and illegal exports , or is treated properly but the amounts treated were not reported . This leads to losses of valuable secondary raw materials, environmental degradation and provision of inconsistent data . To avoid this, it is necessary to set an ambitious collection target , to oblige all actors that collect WEEE to ensure it is treated in an environmentally sound way, and to require such actors to report the volumes collected, handled and treated. It is of fundamental importance that Member States ensure that this Directive is effectively enforced, in particular as regards checks on used EEE shipped out of the Union .

(15)

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 Union. Any establishment or undertakings carrying out collection, recycling and treatment operations should comply with minimum standards to prevent negative environmental impacts associated with the treatment of WEEE. Best available treatment, recovery and recycling techniques should be used provided that they ensure human health and high environmental protection. Best available treatment, recovery and recycling techniques may be further defined in accordance with the procedures of Directive 2008/1/EC of the European Parliament and of the Council of 15 January 2008 concerning integrated pollution prevention and control (12).

(16)

The Scientific Committee on Emerging and Newly Identified Health Risks, in its opinion on ‘Risk Assessment of Products of Nanotechnology’ of 19 January 2009, stated that exposure to nanomaterials that are firmly embedded in large structures, for example in electronic circuits, may occur in the waste phase and during recycling. To control possible risks to human health and the environment from the treatment of WEEE containing nanomaterials, selective treatment may be necessary. It is appropriate for the Commission to assess whether selective treatment should be applied to relevant nanomaterials.

(17)

Where appropriate, priority should be given to the re-use of WEEE and its components, subassemblies and consumables. Where re-use is not preferable, all WEEE collected separately should be sent for recovery, in the course of which a high level of recycling and recovery should be achieved. In addition, producers should be encouraged to integrate recycled material in new equipment.

(18)

The recovery, preparation for re-use and recycling of equipment may count towards achievement of the targets laid down in this Directive only if that recovery or preparation for re-use or recycling does not conflict with other Union and national legislation applicable to the equipment. Ensuring proper recovery and preparation for re-use and recycling of equipment is important for sound resource management and will optimise the resources supply.

(19)

Basic principles with regard to the financing of WEEE management have to be set at Union 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 EEE 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. Member States should encourage all stakeholders handling WEEE to help achieve the objective of this Directive in order to avoid leakage of separately collected WEEE to sub-optimal treatment and illegal exports. In order that payment for the collection of this waste be shifted from general tax payers to the consumers of EEE in line with the ‘polluter pays’ principle , Member States should encourage producers to treat all WEEE collected . In order to make proper treatment possible, consumers should have a responsibility to ensure that end-of-life EEE is taken to collection facilities. In order to give maximum effect to the concept of producer responsibility, each producer should be responsible for financing the management of the waste from his own products. The producer should be able to choose to fulfil this obligation either individually or by joining a collective scheme. Each producer or third party acting on its behalf should, when placing a product on the market, provide a financial guarantee to prevent costs for the management of WEEE from orphan products from falling on society or the remaining producers. The responsibility for the financing of the management of historical waste should be shared by all existing producers in collective financing schemes to which all producers, existing on the market when the costs occur, contribute proportionately. Collective financing schemes should not have the effect of excluding niche and low-volume producers, importers and new entrants.

▐

(21)

Information to users about the requirement not to dispose of WEEE as unsorted municipal waste and to collect WEEE 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 EEE 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 or recycling, of WEEE.

(23)

Member States should ensure that inspection and monitoring infrastructure enable the proper implementation of this Directive to be verified, having regard, inter alia, to Recommendation 2001/331/EC of the European Parliament and of the Council of 4 April 2001 providing for minimum criteria for environmental inspections in the Member States (13).

(24)

Information about the weight of EEE placedon the market in the Union and the rates of collection, re-use, including as far as possible re-use of whole appliances, recovery or recycling and export of WEEE collected in accordance with this Directive 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)

To reduce barriers to the proper functioning of the internal market, administrative burdens should be reduced by standardising registration and reporting procedures and by preventing multiple charges for multiple registrations in individual Member States. In particular, a producer should no longer be required to have a legal seat in a Member State in order to be allowed to place EEE on the market in that Member State. Instead, the appointment of a local legal representative resident in that Member State should be sufficient. For practical enforcement of this legislation it must be possible for Member States to identify the producer that is responsible for the product and trace back the supply chain from the final distributor. Member States should ensure that a distributor making EEE available for the first time on the territory of a Member State (intra-Union trade) either concludes an agreement with the producer or takes care of the registration of that equipment and the financing of the management of the waste from that equipment.

(27)

In order to adapt the provisions of this Directive to technical and scientific progress and to adopt other necessary measures, the Commission should be empowered to adopt delegated acts in accordance with Article 290 of the Treaty on the Functioning of the European Union in respect of transitional arrangements, the adaptation of annexes, detailed rules for verifying and monitoring compliance, the minimum requirements and methodology for calculating the level of financial guarantees, the definition of ‘very small volume WEEE’ and of ‘micro enterprises operating on a small surface area’, the format for registration and reporting, the frequency of reporting and amendments to the rules concerning reports on the implementation of this Directive .

(28)

The obligation to transpose this Directive into national law should be confined to those provisions which represent a substantive change as compared with the earlier Directives. The obligation to transpose the provisions which are unchanged arises under the earlier Directives.

(29)

This Directive should be 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 VI, Part B,

(a)

EEE 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.

(b)

EEE which is specifically designed as part of another type of equipment that does not fall within the scope of this Directive and that can fulfill its function only if it is part of that equipment.

▐

(c)

large-scale fixed installations;

(d)

large-scale stationary industrial tools;

(e)

non-road mobile machinery intended exclusively for professional users;

(f)

means of transport for persons or goods;

(g)

photovoltaic modules.

(h)

filament bulbs.

(i)

implanted and infected medical devices.

(a)

‘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 which is designed for use with a voltage rating not exceeding 1000 volts for alternating current and 1500 volts for direct current;

(b)

‘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, subassemblies and consumables which are part of the product at the time of discarding;

(c)

‘medical device’ means EEE falling within the scope of Council Directive 93/42/EEC of 14 June 1993 concerning medical devices (16) or Directive 98/79/EC of the European Parliament and of the Council of 27 October 1998 on in vitro diagnostic medical devices (17);

(d)

‘prevention’ means prevention within the meaning of Article 3(12) of Directive 2008/98/EC;

(e)

‘re-use’ means re-use within the meaning of Article 3(13) of Directive 2008/98/EC;

(f)

‘preparing for re-use’ means preparing for re-use within the meaning of Article 3(16) of Directive 2008/98/EC;

(g)

‘recycling’ means recycling within the meaning of Article 3(17) of Directive 2008/98/EC;

(h)

‘recovery’ means recovery within the meaning of Article 3(15) of Directive 2008/98/EC;

(i)

‘disposal’ means disposal within the meaning of Article 3(19) of Directive 2008/98/EC;

(j)

‘treatment’ means treatment within the meaning of Article 3(14) of Directive 2008/98/EC;

(k)

‘producer’ means any natural or legal person who, irrespective of the selling technique used, including by means of distance communication in accordance with 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 (18):

Whoever exclusively provides financing under, or pursuant to, any finance agreement shall not be deemed a ‘producer’ unless he also acts as a producer within the meaning of subpoints (i) to (iii);

(l)

‘distributor’ means any natural or legal person in the supply chain, who makes an EEE available on the market;

(m)

‘WEEE from private households’ means WEEE that comes from private households, or from commercial, industrial, institutional or other sources, which, because of its nature and quantity, is similar to WEEE from private households, and WEEE which may have been used as EEE by both private households and users other than private households ;

(n)

‘hazardous waste’ means hazardous waste within the meaning of Article 3(2) of Directive 2008/98/EC.

(o)

‘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.

(p)

‘making available on the market’ means any supply of a product for distribution, consumption or use on the Union market in the course of a commercial activity, whether in return for payment or free of charge;

(q)

‘placing on the market’ means the first making available of a product on the Union market;

(r)

‘remove’ means manual, mechanical, chemical or metallurgic handling with the result that hazardous substances, preparations and components are contained as an identifiable stream or identifiable part of a stream at the end of the treatment process. A substance, preparation or component is identifiable if it can be monitored to prove environmentally safe treatment;

(s)

‘collection’ means collection within the meaning of Article 3(10) of Directive 2008/98/EC;

(t)

‘separate collection’ means separate collection within the meaning of Article 3(11) of Directive 2008/98/EC;

(u)

‘large-scale fixed installations’ means a particular combination of several types of apparatus and, where applicable, other devices, assembled and installed permanently at a predefined location. It does not include lighting products;

(v)

‘large-scale stationary industrial tools’ means an assembly of machines, equipment, and/or components, designed to be used together in industry to perform a specific task, which are installed by specialised personnel and they are permanently located during their phase of use;

(w)

‘non-road mobile machinery’ means machinery the operation of which requires either mobility while working or continuous or semi-continuous movement between a succession of fixed working locations, or machinery which is operated without being moved, but which may be equipped in such a way as to enable it to be moved more easily from one place to another;

(x)

‘means of transport’ means a vehicle used for transporting people or cargo, such as cars, busses, trucks, trams, trains, ships and aeroplanes;

(y)

‘photovoltaic modules’ means only photovoltaic modules which are intended for use in a system designed, assembled and installed for permanent operation at a specified location for power generation for public, commercial and private purposes.

(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 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. 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 for the final holder. Member States making use of this provision shall inform the Commission thereof;

(c)

without prejudice to the provisions of points (a) and (b), producers are allowed to set up and 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;

(d)

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) and (b). Member States shall make specific arrangements for such WEEE.

(a)

prepared for re-use or sent to treatment facilities by any actor;

(b)

taken to collection facilities in accordance with Article 5(2)(a);

(c)

taken to distributors in accordance with Article 5(2)(b);

(d)

separately collected by producers or third parties acting on their behalf; or

(e)

separately collected by other means.

(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.

(a)

for WEEE falling under categories 1 and 4 of Annex IA ,

(b)

for WEEE falling under category 2 of Annex IA,

(c)

for WEEE falling under category 3 of Annex IA,

(d)

for WEEE falling under category 5 of Annex IA ,

(e)

for WEEE falling under category 6 of Annex IA,

(f)

for gas discharge lamps, 80  % shall be ▐ recycled.

a)

the guarantee creates internalisation of the real end-of-life costs of a producer’s product, taking into account the treatment and recycling standards,

b)

the costs related to a producer’s obligation do not fall on other actors, and

c)

the guarantee will be present in the future and can be utilised to resolve the outstanding recycling obligations of a producer in the event of the latter’s insolvency.

(a)

enable end-users to discard very small volume WEEE at an accessible and visible collection point in the retailer’s shop;

(b)

require retailers to take back very small volume WEEE at no charge when supplying very small volume EEE;

(c)

not involve any charge to end-users when discarding very small volume WEEE, nor any obligation to buy a new product of the same type.

(a)

the requirement not to dispose of WEEE as unsorted municipal waste and to collect such WEEE separately;

(b)

the return and collection systems available to them , encouraging the coordination of information serving to identify all available collection points, irrespective of the producers which have set them up ;

(c)

their role in contributing to re-use, recycling and other forms of recovery of WEEE;

(d)

the potential effects on the environment and human health as a result of the presence of hazardous substances in EEE;

(e)

the meaning of the symbol shown in Annex V.

(a)

the quantity of EEE placed on the national market;

(b)

the types of equipment;

(c)

the brands;

(d)

the categories;

(e)

the guarantee, where applicable.

(a)

any economic operator who has supplied them with EEE;

(b)

any economic operator to whom they have supplied EEE.

(a)

agreements shall be enforceable;

(b)

agreements shall 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 ensure that the progress reached under the agreement is examined;

(f)

in the event of non-compliance with the agreement, Member States must implement the relevant provisions of this Directive by legislative, regulatory or administrative measures.

(1)

(2)

(3)

(4)

(5)

(6)

—

Refrigerators

—

Freezers

—

Appliances for the automatic dispensing or sale of cold products

—

Air-conditioning appliances

—

Oil-containing radiators and other heat-exchange devices using heat-transfer media other than water (e.g. heat pumps and dehumidifiers)

—

Screens

—

Television sets

—

Digital picture frames

—

Monitors

—

Straight fluorescent lamps

—

Compact fluorescent lamps

—

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

—

Low-pressure sodium lamps

—

LED lamps

—

Large appliances used for cooking and other processing of foods (e.g. hot plates, ovens, stoves, microwaves, fixed coffee machines)

—

Extractor hoods

—

Large machines for cleaning (e.g. washing machines, clothes dryers, dishwashers)

—

Large heating appliances (e.g. large heat blowers, electric stoves, systems for heating marble and natural stone and other large appliances for heating rooms, beds and seating furniture)

—

Large body-care appliances (e.g. solariums, saunas, massage chairs)

—

Large IT and telecommunications appliances (e.g. mainframes, servers, fixed network installations and appliances, printers, copiers, coin-operated telephones)

—

Large sports and leisure appliances (e.g. sports equipment with electrical or electronic components, slot machines)

—

Large luminaires and other appliances for spreading or controlling light

—

Large electrical and electronic industrial tools and machinery except large-scale stationary industrial tools and non-road mobile machinery intended exclusively for professional users

—

Large appliances for generating or transferring current (e.g. generators, transformers, uninterruptable power supplies (UPS), inverters)

—

Large medical devices

—

Large monitoring and control instruments

—

Large measuring instruments and installations (e.g. scales, fixed machines)

—

Large appliances for automated product sales or dispensing and for the automated provision of simple services (e.g. product dispensers, cash machines, machines for the return of empties, photo machines)

—

Small appliances used for cooking and other processing of foods (e.g. toasters, hotplates, electric knives, immersion coils, chopping machines)

—

Small cleaning appliances (e.g. vacuum cleaners, irons, etc.)

—

Fans, air fresheners

—

Small heating appliances (e.g. electric blankets)

—

Clocks and watches and other time-measuring instruments

—

Small body-care appliances (e.g. shaving equipment, toothbrushes, hairdryers, massage machines)

—

Cameras

—

Consumer electronics appliances (e.g. radios, audio amplifiers, car radios, DVD players)

—

Musical instruments and sound equipment (e.g. amplifiers, mixing desks, headphones and speakers, microphones)

—

Small luminaires and other appliances for spreading or controlling light

—

Toys (e.g. model railways, model aircraft, etc.)

—

Small items of sports equipment (e.g. computers for biking, diving, running, rowing, etc.)

—

Small leisure appliances (e.g. video games, fishing and golf equipment etc.)

—

Electrical and electronic tools including gardening equipment (e.g. drills, saws, pumps, lawn-mowers)

—

Small appliances for generating or transferring current (e.g. generators, battery chargers, uninterruptable power supplies (UPS), converters)

—

Small medical devices including veterinary devices

—

Small monitoring and control instruments (e.g. smoke detectors, heating regulators, thermostats, movement detectors, monitoring appliances and products, remote handling and control devices)

—

Small measuring appliances (e.g. scales, display devices, telemeters, thermometers)

—

Small appliances for automated product sales or dispensing

—

Laptops

—

Notebook computers

—

Small IT and telecommunications appliances (e.g. PCs, printers, pocket calculators, telephones, mobile phones routers, radio equipment, baby phones, video projectors).

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 State authorities shall request the following to back up this claim:

Points (a) and (b) shall not apply if the used EEE is returned to the producer as a collective consignment of defective products under warranty and intended for re-use.

2.

In order to demonstrate that the items being shipped are used EEE rather than WEEE, Member States shall require the following steps for testing and record keeping for used EEE to be carried out:

3.

In addition to the documents requested in point 1, every load (e. g. shipping container, lorry) of used EEE must be accompanied by a:

4.

In the absence of the appropriate documentation required in points 1 and 3 , or of appropriate packaging or of appropriate stacking of the load , which it is the responsibility of the holder of an appliance intended for shipment to provide, Member State authorities shall presume that an item is hazardous WEEE and presume that the load comprises an illegal shipment. In these circumstances the relevant competent authorities will be informed and the load will be dealt with in accordance with Articles 24 and 25 of the Regulation (EC) No 1013/2006. ▐

1.

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

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

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 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.

1.

Sites for storage (including temporary storage) of WEEE prior to their treatment (without prejudice to the requirements of Council Directive 1999/31/EC of 26 April 1999 on the landfill of waste (1)):

2.

Sites for treatment of WEEE: