After a lengthy decision-making process that lasted more than 3 years, the text adopted at the second reading by the European Parliament on 19 January 2012 constituted the main point of the debates on the amendments of the compromise text agreed by the European Parliament, the European Commission and the European Council in March this year. Once the debates ended and the text was translated into the EU official languages, the legislative process was completed by the explicit agreement of the Council of Ministers at the European Council on 7 June 2012.
On 4 July 2012 the new directive was signed by the president of the European institutions in Strasbourg and received the number 2012/19/UE. The directive was published in the Official Journal of EU on 24 July and will enter into force on the twentieth day following that of its publication. The full text is available on the official website of the EU, at eur-lex.europa.eu/LexUriServ/LexUriServ.do. Romania should ensure that the directive will be transposed into national law by 14 February 2014.
Since December 2008, the European stakeholders in WEEE management have several times expressed criticism on the first recast draft of the European Commission. These critics were further supported and extended by debates within the Parliament and the Council on the proposed amendments that prolonged the legislative process to three years. Against this background, the stances taken by the European producers, through the active voice of CECED Brussels, were in agreement with our producers’ principles and had several times the desired impact, although not in all regards.
We present below the main provisions of interest of the new text and we will come back with a further analysis of the consequences and perspectives of transposing the Directive 19 into national law.
The scope of the Directive extends the range of electrical and electronic equipment to photovoltaic panels and LED lighting sources, with immediate effect.
The definitions were revised to eliminate confusion and interpretation and clarify notions and terms that allowed for administrative abuses in the past. For example, “waste electrical and electronic equipment from private households” define a category of dual use WEEE that can come from commercial sources and can be used in private households.
New provisions on separate collection are:
(a) distributors provide for the collection, at retails shops with sales area 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 no obligation to buy EEE of an equivalent type (obligation usually known as 1:0 exchange)
(b) Member States may require that the WEEE deposited at collection facilities is handed over to producers or third parties acting on their behalf or is handed over, for purposes of preparing for re-use, to designated establishments or undertakings.
The collection rate is one of the main points of Directive 19 providing that:
(a) from 2016, the minimum collection rate shall be 45% calculated as percentage of the average weight of EEE placed on the market in the three preceding years;
(b) from 2019, the minimum collection rate shall be 65% of the average weight of EEE placed on the market in the three preceding years or alternatively 85% of WEEE generated on the territory of that Member State;
(c) 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.
By way of derogation from the minimum collection rate, Romania and other 9 member States, under certain conditions, may decide to:
(1) achieve, from 14 August 2016, a collection rate lower than 45% but higher than 40%;
(2) postpone the achievement of the collection rate of 65% of EEE placed on the market or alternatively 85% of WEEE until a date of own choice which shall not be later than 14 August 2021.
Proper treatment of e-waste requires the fulfillment of specific standards. Thus, no later than 14 February 2013, the Commission shall request the European standardization 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. Also, the establishments or undertakings which carry out treatment operation shall introduce certified environmental management systems, in accordance with the minimum treatment standards as provided by the Directive.
The transport of collected WEEE is also carefully scrutinised. Minimum requirements are established for shipments 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.
Recovery targets are revised. Until 14 August 2015 the requirements of the old directive remain in force. From this moment and until 14 August 2018, the targets increase annually by 5%, calculated based on the “preparing for re-use” and “recycling” weight. After 15 august 2018 a new annex with 6 EEE categories (instead of 10) enters into force. The targets increased by 5% remain the same but they apply to new categories. Furthermore, the way to calculate these targets is specified.
Romania Recycling Association – RoRec
Bucharest, 25 July 2012