Work
19.February 2007 - 00:00
Recycling of waste electrical and electronic equipment
The EU directive on waste electrical and electronic equipment (the WEEE Directive 2002/96/EC(1)) entered into force on 23 January 2003. The directive requires Member States to bring their legislation into line with its provisions, which means in practice that manufacturers or importers have to arrange for the disposal of products after the end of their useful life. The manner of giving effect to the substance of the directive is a matter for the Member States. In some Member States, however, problems have arisen at the practical level, especially as regards small entrepreneurs. In Finland, for example, small entrepreneurs have found that the recycling arrangement is forcing them out of the market. Several firms newly set up in Finland take care of the recycling of waste electrical and electronic equipment in return for payment. From the point of view of small entrepreneurs this system is bad because the membership fee and the fixed charge (EUR 1220 a year, say) payable on top of the recycling charge are high when measured against the value of a small firm's imports, which might be as low as a few thousand euros. As far as they are concerned, the EU principle of free movement of goods is under threat because the high advance payments are impeding free competition and, above all, the business of small firms.
Does the Council consider it necessary to look again at the implementation of the directive in some Member States in the light of the difficulties which it has caused for small entrepreneurs? Small entrepreneurs are calling for the charges payable in the EU area to be levied directly on the manufacturers at the time when equipment being imported into the EU is cleared through customs. How workable does the Council believe this option to be? In addition, according to what has been seen in some quarters, it makes no practical sense to put products on the EU market and afterwards embark on a huge reporting operation in order to establish who has sold them. What kind of experience has the Council acquired regarding the feasibility of this practice?
Reply on behalf of the Council
The Council considers the management of waste from electrical and electronic equipment as a crucial part of waste management and recognises its growing importance at national, European and global level. Financing aspects of the management of WEEE are covered by the provisions of Articles 8 & 9 in combination with paragraph i of Article 3 of the WEEE Directive.
In implementing these provisions, Member States shall ensure (a) that steps are taken by producers to finance the end-of-life management of WEEE; the directive sets out a number of options for how this might be done and (b) that the WEEE management system(s) established do not lead to unjustified restrictions of competition on the downstream or the upstream markets or de facto monopoly.
Concerning the effective implementation of the directive on waste from electric and electronic equipment (WEEE), the Council expects a Commission proposal for the review of the WEEE Directive, which should address the issues raised by the Honorable Member, by the end of 2008.
The EU directive on waste electrical and electronic equipment (the WEEE Directive 2002/96/EC(1)) entered into force on 23 January 2003. The directive requires Member States to bring their legislation into line with its provisions, which means in practice that manufacturers or importers have to arrange for the disposal of products after the end of their useful life. The manner of giving effect to the substance of the directive is a matter for the Member States. In some Member States, however, problems have arisen at the practical level, especially as regards small entrepreneurs. In Finland, for example, small entrepreneurs have found that the recycling arrangement is forcing them out of the market. Several firms newly set up in Finland take care of the recycling of waste electrical and electronic equipment in return for payment. From the point of view of small entrepreneurs this system is bad because the membership fee and the fixed charge (EUR 1220 a year, say) payable on top of the recycling charge are high when measured against the value of a small firm's imports, which might be as low as a few thousand euros. As far as they are concerned, the EU principle of free movement of goods is under threat because the high advance payments are impeding free competition and, above all, the business of small firms.
Does the Council consider it necessary to look again at the implementation of the directive in some Member States in the light of the difficulties which it has caused for small entrepreneurs? Small entrepreneurs are calling for the charges payable in the EU area to be levied directly on the manufacturers at the time when equipment being imported into the EU is cleared through customs. How workable does the Council believe this option to be? In addition, according to what has been seen in some quarters, it makes no practical sense to put products on the EU market and afterwards embark on a huge reporting operation in order to establish who has sold them. What kind of experience has the Council acquired regarding the feasibility of this practice?
Reply on behalf of the Council
The Council considers the management of waste from electrical and electronic equipment as a crucial part of waste management and recognises its growing importance at national, European and global level. Financing aspects of the management of WEEE are covered by the provisions of Articles 8 & 9 in combination with paragraph i of Article 3 of the WEEE Directive.
In implementing these provisions, Member States shall ensure (a) that steps are taken by producers to finance the end-of-life management of WEEE; the directive sets out a number of options for how this might be done and (b) that the WEEE management system(s) established do not lead to unjustified restrictions of competition on the downstream or the upstream markets or de facto monopoly.
Concerning the effective implementation of the directive on waste from electric and electronic equipment (WEEE), the Council expects a Commission proposal for the review of the WEEE Directive, which should address the issues raised by the Honorable Member, by the end of 2008.