Commission adopts proposed Directive on Waste Electrical and Electronic Equipment, 13 June 2000

Author (Person)
Publisher
Series Title
Series Details March 2001
Publication Date 18/06/2000
Content Type , ,

After many years of behind the scenes discussions within the European Commission and consultation with 'stakeholders', the European Commission adopted on 13 June 2000 a proposal for a Directive on Waste Electrical and Electronic Equipment (WEEE) and a proposal for a Directive on the restriction of the use of certain hazardous substances in electrical and electronic equipment.

Background

The issue of waste has become an important concern in the Member States of the European Union. The EU generates each year around 2000 million tonnes of waste, some of it hazardous. In the last few years the amount of waste generated has been increasing by about 10&percent; a year. Strategies have been put in place to attempt to deal with this situation. The five key guidelines are:

  • prevention
  • recycling and reuse
  • optimisation of final disposal
  • regulation of transport
  • remedial action

A good overview of this strategy intended for the general public is to be found in a brochure EU focus on waste management [pdf] issued in 1999. Further general information on the EU's action in connection with all aspects of waste can be seen in:

One of the major aspects of waste is what to do with products which have come to the 'end of their life'. During the early 1990s the European Commission organised the EU Priority Waste Stream Project which sought to define with national governments, industry and environmental concerns the best ways to manage and dispose of certain key end-of-life products in the 'waste stream':

  • used tyres
  • end-of-life vehicles
  • health-care waste
  • electrical and electronics waste
  • demolition waste
  • chlorinated solvent waste.

Reports were submitted in 1995 and 1996. Subsequently, the European Commission has been working on proposals relating to end-of-life vehicles and end-of-life electrical and electronic goods. A formal proposal for the former was introduced in July 1997 and after much amendment was agreed in the Conciliation Committee between the European Parliament and the Council of the European Union in May 2000. Directive 2000/53 of the European Parliament and of the Council of 18 September 2000 is the outcome.

As regards the proposal for dealing with electrical and electronics waste the Directorate General for the Environment of the European Commission (formerly DG XI) has seen a definite need for legislative action. It sees the production of electrical and electronic equipment as one of the fastest growing sectors of manufacturing, which inevitably leads to a large increase in waste electrical and electronic equipment. In 1998 6 million tonnes of WEEE were generated and this is likely to increase by 3-5&percent; each year. However, it is not only the amount of the WEEE which causes concern, but also the nature of the waste. WEEE contains much hazardous content, which causes environmental problems during the waste management phase if not properly pre-treated. Currently, more than 90&percent; of WEEE is landfilled, incinerated or recovered without any pre-treatment and thus causes significant pollution. Some Member States already have national legislation in place.

The European Commission thus sees a need for legislation at an EU level that:

  • prevents waste from electrical and electronic equipment
  • reuses, recycles or otherwise recovers waste from these products
  • minimises the risks to the environment from the treatment and disposal of WEEE
  • harmonises national measures to allow the functioning of the internal market

DG Environment of the European Commission issued in 1997 a draft text for a Directive on Waste from Electrical and Electronic Equipment (WEEE) for consultation with national governments, other Commission departments (most notably DG Industry, subsequently DG Enterprise), industry and environmental groups. Since then further amended draft texts have been issued in April 1998, July 1998 and July 1999. Note, these draft texts have not been formally published, although widely circulated to interested parties ('stakeholders'). The lengthy period of time of pre-legislative consultation indicates considerable disagreement between the stakeholders as to the precise detail of any legislation in this area. Some details of the consultation with stakeholders is described in Section 12 of the Explanatory Memorandum to the formally launched proposal.

Proposed Directive

After many years of discussion the European Commission adopted on 13 June 2000 a proposal for a Directive on waste electrical and electronic equipment (WEEE) and a separate proposal for a Directive on the restriction of the use of certain hazardous substances in electrical and electronic equipment.

The proposed WEEE Directive, (COM (2000)347-1) based upon Article 175 of the Treaty establishing the European Community, will address all electrical and electronic equipment used by consumers (such as fridges, washing machines, toasters, hairdryers,TV and video recorders, and electrical toys) and currently not treated before going to incinerators or landfills.. It also covers a wide range of professionally used electrical and electronic equipment, such as information technology and telecommunications equipment. The objective is that such equipment should be collected separately from other waste and properly treated and recycled. Member States will have to organise for the collection of such material from private households. Producers will then take over the waste from designated collection facilities to be channelled to certified treatment facilities, where further treatment according to the standards set out in the Directive can be ensured. The treatment standards contain minimum percentages for the recovery of this waste. These would come into force no later than 2006, and would range between 60 and 80&percent;, depending on the product category.

In line with the 'polluter pays' principle producers need to organise and finance the treatment, recovery and disposal of waste. The entry into force of the financing obligation will be delayed by five years to minimise the impact on producers of the financing requirements regarding waste from products put on the market before entry into force of the legislation ('historical waste')

The separate proposed Directive on the restriction of the use of certain hazardous substances in electrical and electronic equipment (COM (2000)347-2), based on Article 95 of the Treaty establishing the European Community, introduces a substitution requirement for those substances in electrical and electronic equipment, which pose the main environmental problems during disposal and recycling of such waste. This requirement will support ongoing efforts to substitute these substances by less harmful substances. In line with the proposed Directive on end-of-life vehicles (a final text was agreed on this Directive in the Conciliation Committee between the European Parliament and Council on 23 May 2000 and adopted in September 2000) the targeted substances include the heavy metals, lead, mercury, cadmium and hexavalent chromium. In addition, two types of brominated flame retardants, pbb and pbde, are required to be substituted by 1 January 2008. The substitution of pbb and pbde must not lead to a lowering of the fire safety standards. Accordingly, the directive provides for exemptions from the substitution requirement if such substitution is not possible.

The progress of the two proposed Directives can be followed through:

(COM (2000)347-1)

(COM (2000)347-2)

The Explanatory Memorandum to the proposal contains much useful background information on the following:

  • Policy consideration
  • Objectives and main elements of the proposal
  • Environmental problems addressed in the proposal
  • Current management of WEEE
  • Incineration of WEEE
  • Landfilling of WEEE
  • Recycling of WEEE
  • Resource aspects
  • The principle of producer responsibility
  • Legislation on hazardous substances
  • Internal Market aspects - Situation in the Member States
  • International aspects
  • Legal basis
  • Subsidiarity and proportionality
  • Consistency with other Community policies
  • Economic assessment
  • Implementation costs
  • Separate collection and re-use/recycling
  • Collection costs for household equipment
  • Recycling costs for household equipment
  • Hazardous substance reductions in new equipment
  • Benefits of the proposed Directives
  • Financial benefits
  • External benefits
  • Life-cycle assessment and life cycle financial analysis
  • Macroeconomic effects
  • Consultation of stakeholders
  • Data/Scientific basis

Annex III contains a bibliography of information sources on the subject.

The two proposals issued in June 2000 will be followed by a further proposal on the design and manufacture of electrical and electronic equipment later.

Reaction to the proposal is divided between industrial interests arguing the proposed Directive goes too far, and environmental groups saying it does not go far enough. Orgalime, representing twenty eight trade federations in the manufacturing, electrical, electronic and metalworking industries in eighteen countries, said that the proposal will have a significant impact on the electrical and electronics industries and that the economic impact assessment within the proposed Directive grossly underestimates the financial impact the legislation will have on industry. Like other industrial interests Orgalime strongly argues that industry should not be responsible within the terms of the Directive for the waste from products produced before the Directive comes into force ('historical waste'). Legislation should not be retrospective.

On the other hand, the environmental pressure group, the European Environmental Bureau, called the proposals a painful compromise between protection of the environment and the self-interest of powerful industries that have found an ally in DG Enterprise. It specifically regrets:

  • a 5 years delay in the implementation of the producer responsibility principle
  • a considerable reduction of the recycling and reuse targets
  • a low collection target,
  • an abolishment of obligatory individual producers responsibility,
  • the absence of requirements for producers to integrate environmental precautions into the design
  • a 4 years delay for substitution of hazardous substances, compared with respect to the July 1999 draft.

For further detailed reactions see the external links below.

Further information within European Sources Online:

European Sources Online: Topic Guide

  • The environment policy of the European Union

European Sources Online: European Voice

  • 25.9.97: Electrical waste plan 'too late'
  • 9.10.97: Time to take new approach to recycling of electronic goods
  • 11.12.97: Electrical industry bids to throw out EU recycling proposals
  • 18.6.98: Electrical recyling targets ring alarms
  • 10.9.98: Electronics recycling proposals under fire
  • 10.6.99: Bjerregaard to push ahead with electronic waste rules
  • 18.11.99: Wallström to water down planned new rules on recycling
  • 6.1.00: Commission lawyers raise doubts about end-of-life vehicles plan
  • 10.2.00: Battle rages over waste plans
  • 16.3.00: Electronic waste plan under review
  • 18.5.00: Wallström dilutes electrical recycling plan

Further information can be seen in these external links:
(long-term access cannot be guaranteed)

European Commission:

European Union: EUR-LEX

American Electronics Association

Clean Computer Campaign

European Public Telecommunications Network Operators' Association

Orgalime: Liaison Group of the European Mechanical, Electrical, Electronic and Metalworking Industries:

European Association of Consumer Electronics Manufacturers (NB: EACEM has merged to form EICTA. EACEM papers are not available on this website)

  • The WEEE Directive. The need for a visible fee on top of the regular product price, June 1999
  • Position paper, January 2001

European Information and Communications Technology Industry Association (EICTA)

  • Response to the proposed Directives on waste of electrical and electronic equipment (WEEE) and on the restriction of the use of certain hazardous substances in electrical and electronic equipment, 14.6.00
  • Basic requirements for the EEE Directive, November 2000

Various Electronic Companies

European Association of Manufacturers of Business Machines and Information Technology Industry (EUROBIT)

Industry Council for Electronic Equipment Recycling (ICER)

Federation of the Electronics Industries (FEI)

Japan Business Council in Europe (JBCE)

European Environmental Bureau (EEB)

Organisation for Economic Cooperation and Development

United Nations: United Nations Environment Programme:

United Kingdom: Department for Environment, Food and Rural Affairs

European Committee for Electrotechnical Standardisation (CENELEC)

Further and subsequent information on the subject of this week's In Focus can be found by an 'Advanced Search' in European Sources Online by inserting 'Electrical and Electronic Waste' in the keyword field.

Ian Thomson
Executive Editor, European Sources Online
Compiled: 18 June 2000. Revised: March 2001

The European Commission adopted on 13 June 2000 a proposal for a Directive on Waste Electrical and Electronic Equipment and a proposal for a Directive on the restriction of the use of certain hazardous substances in electrical and electronic equipment.

Subject Categories ,