DIRECTIVE 2012/19/EU OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL
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of 4 July 2012
on waste electrical and electronic equipment (WEEE)
(recast)
(Text with EEA relevance)
THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE
EUROPEAN UNION,
Having regard to the Treaty on the Functioning of the European Union, and in particular Article 192(1) thereof,
Having regard to the proposal from the European Commission, Having regard to the opinion of the European Economic and Social Committee ( 1 ),
Having regard to the opinion of the Committee of the
Regions ( 2 ),
Acting in accordance with the ordinary legislative procedure ( 3 ), Whereas:
(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 prerve, protect and improve the quality of the environment, to protect human health and to utili natural resources prudently and rationally. That policy is bad on the precautionary principle and the principles that preventive action should be taken, that environ mental 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 ) stated 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 mentioned 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 waste
management legislation of the Union, 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 in that Directive, including the definitions of waste and general waste management operations. The definition of collection in Directive 2008/98/EC includes the preliminary sorting and preliminary storage of waste for the purpos of transport to a waste treatment facility. Directive 2009/125/EC of the European
Parliament and of the Council ( 7 ) establishes a
framework for tting ecodesign requirements for energy-related products and enables the adoption of specific ecodesign requirements for energy-related products which may also be covered by this Directive. Directive 2009/125/EC and the implementing measures adopted pursuant thereto are without prejudice to the waste management legislation of the Union. Directive 2002/95/EC of the European Parliament and of the Council of 27 January 2003 on the restriction of the u of certain hazardous substances in electrical and elec
tronic equipment ( 8 ) requires the substitution of banned
substances in respect of all electrical and electronic equipment (EEE) within its scope.
(5) As
the market continues to expand and innovation cycles become even shorter, the replacement of equipment accelerates, making EEE a fast-growing source of waste. While Directive 2002/95/EC has contributed effectively to reducing hazardous substances contained in new EEE, hazardous substances such as mercury, cadmium, lead, hexavalent chromium and polychlorinated biphenyls (P
CBs) and ozone-depleting substances will still be prent in WEEE for many years. The content of hazardous components in EEE is a major concern during the waste management pha, and recycling of WEEE is not undertaken to a sufficient extent. A lack of recycling results in the loss of valuable resources.
(6) The
purpo of this Directive is to contribute to sustainable production and consumption by, as a first priority, the prevention of WEEE and, in addition, by the re-u, recycling and other forms of recovery of
( 1 ) OJ C 306, 16.12.2009, p. 39. ( 2 ) OJ C 141, 29.5.2010, p. 55.
( 3 ) Position of the European Parliament of 3 February 2011 (not yet published in the Official Journal) and position of the Council at first reading of 19 July 2011 (not yet published in the Official Journal). Position of the European Parliament of 19 January 2012 (not yet published in the Official Journal) and decision of the Council of 7 June 2012. ( 4 ) OJ L 37, 13.2.2003, p. 24. ( 5 ) OJ C 138, 17.5.1993, p. 5.
( 6 ) OJ L 312, 22.11.2008, p. 3. ( 7 ) OJ L 285, 31.10.2009, p. 10. ( 8 ) OJ L 37, 13.2.2003, p. 19.
such wastes so as to reduce the disposal of waste and to
contribute to the efficient u of resources and the retrieval of valuable condary raw materials. It also eks to improve the environmental performance of all operators involved in the life cycle of EEE, e.g. producers, distributors and consumers and, in particular, tho operators directly involved in the collection and treatment of WEEE. In particular, different national appli cations 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 esntial criteria should be laid down at the level of the Union and minimum standards for the treatment of WEEE should be developed.
(7) The provisions of this Directive should apply to products
and producers irrespective of lling technique, including
distance and electronic lling. In this connection, the obligations of producers and distributors using distance and electronic lling channels should, as far as is prac ticable, take the same form, and should be enforced in the same way, as for other distribution channels, in order to avoid tho other distribution channels having to bear the costs resulting from this Directive arising from WEEE for whi
ch the equipment was sold by distance or elec tronic lling.
(8)
In order to fulfil the obligations pursuant to this Directive in a given Member State, a producer should be established in that Member State. By exception, to reduce existing barriers to the proper functioning of the internal market and administrative burdens, Member States should allow producers that are not estab lished on their territory, but that are established in another Member State, to appoint an authorid repre ntative to be responsible for fulfilling the obligations of that producer under this Directive. In addition, adminis trative burdens should be reduced by simplifying regis tration and reporting procedures and by ensuring that duplicate charges are not levied for registrations within individual Member States.
(9) This Directive should cover all EEE ud by consumers
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and EEE intended for professional u. 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 D
irective 2006/66/EC of the European Parliament and of the Council of 6 September 2006 on batteries and accumu lators and waste batteries and accumulators ( 1 ), and Union product design legislation, in particular Directive 2009/125/EC. The preparing for re-u, recovery and recycling of waste cooling equipment and the substances,
mixtures or components thereof should be in accordance with the relevant legislation of the Union, in particular Regulation (EC) No 1005/2009 of the European Parliament and of the Council of 16 September 2009
on substances that deplete the ozone layer ( 2 ) and Regu
lation (EC) No 842/2006 of the European Parliament and of the Council of 17 May 2006 on certain fluorinated greenhou gas ( 3 ). The objectives of this Directive can be achieved without including large-scale fixed instal lations such as oil platforms, airport luggage transport systems or elevators within its scope. However, any equipment which is not specifically designed and installed as part of tho installations, and which can fulfil its function even if it is not part of tho instal lations, should be included in the scope of this Directive. This refers for instance to equipment such as lighting equipment or photovoltaic panels.
(10) A number of definitions should be included in this
Directive in order to specify its scope. However, in the
framework of a revision of the scope, the definition of EEE should be further clarified in order to bring Member States’ relevant national measures and current, applied and established practices clor together.
(11) Ecodesign requirements facilitating the re-u,
dismantling and recovery of WEEE should be laid down in the framework of measures implementing Directive 2009/125/EC. In order to optimi re-u and recovery through product design, the whole life cycle of the product should be taken into account.
(12) The establishment, by this Directive, of producer respon
sibility is one of the means of encouraging design and
production of EEE which take into full account and facilitate its repair, possible upgrading, re-u, disasmbly and recycling.
(13) In order to guarantee the safety and health of
distributors’ personnel involved in the take-back and handling of WEEE, Member States should, in accordance with national and Union legislation on safety and health requirements, determine the conditions under which take-back may be refud by distributors.
(14) Separate collection is a precondition for ensuring specific
treatment and recycling of WEEE and is necessary to
achieve the chon 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 purpo,
( 1 ) OJ L 266, 26.9.2006, p. 1.
( 2 ) OJ L 286, 31.10.2009, p. 1. ( 3 ) OJ L 161, 14.6.2006, p. 1.
convenient facilities should be t up for the return of
WEEE, including public collection points, where private
houholds should be able to return their waste at least
free of charge. Distributors have an important role in
contributing to the success of WEEE collection.
Therefore, collection points t up at retail shops for
very small WEEE should not be subject to the registration
or permit requirements of Directive 2008/98/EC.
(15) In order to attain the chon level of protection and the
harmonid environmental objectives of the Union,
Member States should adopt appropriate measures to
minimi the disposal of WEEE as unsorted municipal
waste and to achieve a high level of parate collection
of WEEE. In order to ensure that Member States strive to
t 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
greenhou gas, given their high environmental
impact and in view of the obligations contained in Regu
lation (EC) No 842/2006 and Regulation (EC) No 1005/2009. Data included in the impact asssment
carried out by the Commission in 2008 show that 65 %
of the EEE placed on the market was already parately
collected then, but more than half of this was potentially
the object of improper treatment and illegal exports, and,
even when properly treated, this was not reported. This
leads to loss of valuable condary raw materials, envi
ronmental degradation, and provision of inconsistent
data. To avoid this, it is necessary to t an ambitious
collection target and to ensure that WEEE collected is
treated in an environmentally sound way and is
correctly reported. It is appropriate to lay down
minimum requirements for shipments of ud EEE
suspected to be WEEE, in the application of which
Member States may have regard to any relevant
Correspondents’ Guidelines elaborated in the context of
the implementation of Regulation (EC) No 1013/2006 of
the European Parliament and of the Council of 14 June
2006 on shipments of waste (1). Such minimum
requirements should in any ca have the purpo of
avoiding unwanted shipments of non-functional EEE to
developing countries.
(16) The tting of ambitious collection targets should be
bad on the amount of WEEE generated where due
account is taken of the differing life cycles of products
in the Member States, of non-saturated markets and of
EEE with a long life cycle. Therefore, a methodology for
calculating collection rates bad on WEEE generated
should be developed in the near future. According to
current estimates, a collection rate of 85 % of WEEE
generated is broadly equivalent to a collection rate of
65 % of the average weight of EEE placed on the
market in the three preceding years.
(17) Specific treatment for WEEE is indispensable in order to
avoid the dispersion of pollutants in recycled material or
the waste stream. Such treatment is the most effective
means of ensuring compliance with the chon level of
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protection of the environment of the Union. Any estab
lishment or undertaking carrying out collection, recycling
三丫头打一字and treatment operations should comply with minimum
standards to prevent negative environmental impacts
associated with the treatment of WEEE. The best
available treatment, recovery and recycling techniques
should be ud, provided that they ensure human
health and a high level of environmental protection.
Best available treatment, recovery and recycling tech
niques 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 (2).
(18) The Scientific Committee on Emerging and Newly
Identified Health Risks, in its opinion on ‘Risk
Asssment of Products of Nanotechnology’ of 19 January
2009, stated that exposure to nanomaterials that are
firmly embedded in large structures, for example in elec
tronic circuits, may occur in the waste pha and during
recycling. To control possible risks to human health and
the environment from the treatment of WEEE that
contains nanomaterials, it is appropriate for the
Commission to asss whether specific treatment may
be necessary.
(19) The collection, storage, transport, treatment and recycling
of WEEE as well as its preparation for re-u shall be
conducted with an approach geared to protecting the
environment and human health and prerving raw
materials and shall aim at recycling valuable resources
contained in EEE with a view to ensuring a better
supply of commodities within the Union.
(20) Where appropriate, priority should be given to preparing
for re-u of WEEE and its components, sub-asmblies
and consumables. Where this is not preferable, all WEEE
collected parately should be nt for recovery, in the
cour 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.
(21) The recovery, preparation for re-u and recycling of
WEEE should be counted towards the achievement of
the targets laid down in this Directive only if that
recovery, preparation for re-u or recycling does not
conflict with other Union or national legislation
applicable to the equipment. Ensuring proper preparation
for re-u, recycling and recovery of WEEE is important
for sound resource management and will optimi supply
of resources.
(1) OJ L 190, 12.7.2006, p. 1. (2) OJ L 24, 29.1.2008, p. 8.
(22) Basic principles with regard to the financing of WEEE
management have to be t at the level of the Union,
and financing schemes have to contribute to high
collection rates, as well as to the implementation of
the principle of producer responsibility.
(23) Urs of EEE from private houholds should have the
possibility of returning WEEE at least free of charge.
Producers should finance at least the collection from
collection facilities, and the treatment, recovery and
disposal of WEEE. Member States should encourage
producers to take full responsibility for the WEEE
另类重口味collection, in particular by financing the collection of
WEEE throughout the entire waste chain, including
from private houholds, in order to avoid parately
collected WEEE becoming the object of suboptimal
treatment and illegal exports, to create a level playing
field by harmonising producer financing across the
Union and to shift payment for the collection of this
waste from general tax payers to the consumers of
EEE, in line with the ‘polluter pays’ principle. 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 choo to fulfil
this obligation either individually or by joining a
collective scheme. Each producer 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 through collective financing schemes
to which all producers that exist 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. Collective schemes could provide for
differentiated fees bad on how easily products and the
valuable condary raw materials that they contain could
be recycled. In the ca of products which have a long
life cycle and which are now covered by this Directive,
such as photovoltaic panels, the best possible u should
be made of existing collection and recovery systems,
provided that they meet the requirements laid down in
this Directive.
(24) Producers could be allowed to show purchars, on a
voluntary basis at the time of sale of new products, the
costs of collecting, treating and disposing of WEEE in an
environmentally sound way. This is in line with the
Commission Communication on Sustainable Consumption and Production and Sustainable Industrial
Policy Action Plan, in particular with regard to smarter
consumption and green public procurement.
(25) Information to urs about the requirement not to
dispo of WEEE as unsorted municipal waste and to
collect WEEE parately and about the collection systems
and their role in the management of WEEE is indis
pensable for the success of WEEE collection. Such
information necessitates the proper marking of EEE
which could end up in rubbish bins or similar means
of municipal waste collection.
(26) 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.
(27)Member States should ensure that inspection and moni
toring infrastructure enables 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 (1).
(28) Member States should provide for effective, proportionate
and dissuasive penalties to be impod on natural and
legal persons responsible for waste management, where
they infringe the provisions of this Directive. Member
States should also be able to take action to recover the
costs of non-compliance and remedial measures, without
prejudice to Directive 2004/35/EC of the European
Parliament and of the Council of 21 April 2004 on
environmental liability with regard to the prevention
and remedying of environmental damage (2).
(29) Information about the weight of EEE placed on the
market in the Union and the rates of collection, prep
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aration for re-u, including as far as possible preparation
for re-u 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. For the purpos of calcu
lating collection rates, a common methodology for the
calculation of weight of EEE should be developed to
ascertain, inter alia, whether this term includes the
actual weight of the entire equipment in the form in
which it is marketed, including all components, sub-
浅水鱼asmblies, accessories and consumables but excluding
packaging, batteries, instructions for u and manuals.
(1) OJ L 118, 27.4.2001, p. 41.
(2) OJ L 143, 30.4.2004, p. 56.
(30)It is appropriate to allow Member States to choo to去新加坡留学
implement certain provisions of this Directive by means
of agreements between the competent authorities and the
economic ctors concerned, provided that particular
requirements are met.
(31) In order to address difficulties faced by Member States in
achieving the collection rates, to take into account
technical and scientific progress and to supplement the
provisions on fulfilment of recovery targets, the power to
adopt acts in accordance with Article 290 of the Treaty
on the Functioning of the European Union (TFEU) should
be delegated to the Commission in respect of transitional
adjustments for certain Member States, adaptation to
technical and scientific progress and the adoption of
detailed rules on WEEE exported out of the Union
counting towards the fulfilment of recovery targets. It
is of particular importance that the Commission carry
out appropriate consultations during its preparatory
work, including at expert level. The Commission, when
preparing and drawing up delegated acts, should ensure a
simultaneous, timely and appropriate transmission of
relevant documents to the European Parliament and to
the Council.
(32) In order to ensure uniform conditions for the implemen
tation of this Directive, implementing powers should be
conferred on the Commission. Tho powers should be
exercid in accordance with Regulation (EU) No 182/2011 of the European Parliament and of the
Council of 16 February 2011 laying down the rules
and general principles concerning mechanisms for
control by Member States of the Commission’s exerci
of implementing powers (1).
(33) The obligation to transpo this Directive into national
law should be confined to tho provisions which
reprent a substantive change as compared with the
earlier Directives. The obligation to transpo the
provisions which are unchanged aris under the earlier
Directives.
(34) In accordance with the Joint Political Declaration of
28 September 2011 of Member States and the
Commission on explanatory documents (2), Member
States have undertaken to accompany, in justified cas,
the notification of their transposition measures with one
or more documents explaining the relationship between
the components of a directive and the corresponding
parts of national transposition instruments. With regard
to this Directive, the legislator considers the transmission
of such documents to be justified.
(35) 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 t out in Annex XI, Part B.(36) Since the objective of this Directive cannot be sufficiently
achieved by the Member States and can therefore, by
reason of the scale of the problem, be better achieved
at the level of the Union, the Union may adopt measures,
in accordance with the principle of subsidiarity as t out
in Article 5 of the Treaty on European Union. In
accordance with the principle of proportionality, as t
out in that Article, this Directive does not go beyond
what is necessary in order to achieve that objective, HAVE ADOPTED THIS DIRECTIVE:
Article 1
Subject matter
This Directive lays down measures to protect the environment and human health by preventing or reducing the adver impacts of the generation and management of waste from electrical and electronic equipment (WEEE) and by reducing overall impacts of resource u and improving the effi
ciency of such u in accordance with Articles 1 and 4 of Directive 2008/98/EC, thereby contributing to sustainable development.
Article 2
Scope
1. This Directive shall apply to electrical and electronic equipment (EEE) as follows:
(a) from 13 August 2012 to 14 August 2018 (transitional
period), subject to paragraph 3, to EEE falling within the categories t out in Annex I. Annex II contains an indicative list of EEE which falls within the categories t out in Annex I;
(b) from 15 August 2018, subject to paragraphs 3 and 4, to all
EEE. All EEE shall be classified within the categories t out in Annex III. Annex IV contains a non-exhaustive list of EEE
which falls within the categories t out in Annex III (open scope).
2. This Directive shall apply without prejudice to the requirements of Union legislation on safety and health, on chemicals, in particular Regulation (EC) No 1907/2006 of the European Parliament and of the Council of 18 December 2006 concerning the Registration, Evaluation, Authorisation and Restriction of Chemicals (REACH), establishing a European Chemicals Agency (3), as well as of specific Union waste management or product design legislation.
3. This Directive
shall not apply to any of the following EEE:
(a) equipment which is necessary for the protection of the
esntial interests of the curity of Member States, including arms, munitions and war material intended for specifically military purpos;
(1) OJ L 55, 28.2.2011, p. 13.
(2) OJ C 369, 17.12.2011, p. 14. (3) OJ L 396, 30.12.2006, p. 1.
