BETA


2023/0025(COD) Waste electrical and electronic equipment (WEEE)

Progress: Procedure completed

RoleCommitteeRapporteurShadows
Lead ENVI ZALEWSKA Anna (icon: ECR ECR) MELBĀRDE Dace (icon: EPP EPP), ENGERER Cyrus (icon: S&D S&D), THUN UND HOHENSTEIN Róża (icon: Renew Renew), GALLÉE Malte (icon: Verts/ALE Verts/ALE), MATIAS Marisa (icon: GUE/NGL GUE/NGL)
Lead committee dossier:
Legal Basis:
TFEU 192-p1

Events

2024/03/19
   Final act published in Official Journal
2024/03/13
   CSL - Draft final act
Documents
2024/03/13
   CSL - Final act signed
2024/03/04
   EP/CSL - Act adopted by Council after Parliament's 1st reading
2024/02/06
   EP - Decision by Parliament, 1st reading
Details

The European Parliament adopted by 628 votes to 3, with 6 abstentions, a legislative resolution on the proposal for a directive of the European Parliament and of the Council amending Directive 2012/19/EU on waste electrical and electronic equipment (WEEE).

Parliament's position adopted at first reading under the ordinary legislative procedure should amend the proposal as follows:

Principle of legal security

To maintain the principle of legal certainty in future revisions of Directive 2012/19/EU, the amended text stressed that it is important to pay particular attention to preventing the adoption of any provisions that could potentially have unjustified retroactive effects. It is necessary to give clarity and predictability to EEE producers with regard to the operating conditions that were in effect when their products were placed on the market. That approach helps to avoid the risk of incurring unpredictable costs associated with future WEEE management. Furthermore, it is important that such revisions respect the waste hierarchy.

Ensure proper treatment of waste from photovoltaic panels

Given that the unsound treatment of waste from photovoltaic panels and of waste from open-scope EEE leads to significant adverse impacts on health and on the environment, the text stressed the need to ensure proper treatment of waste from photovoltaic panels and to maximise the recovery of waste from photovoltaic panels.

Without prejudice to the changes to the financial obligations that are necessary to cover collection and treatment of waste from photovoltaic panels placed on the market before 13 August 2012 and of waste from all open-scope EEE placed on the market before 15 August 2018 introduced by this Directive, it is important that Member States ensure the environmentally sound management of related WEEE.

Member States could encourage producers, through their individual or collective extended producer responsibility schemes, to properly collect and treat the related historical waste from photovoltaic panels and from open-scope EEE.

Review

The amended text stipulated that no later than 31 December 2026, the Commission should assess the need for a revision of this Directive and, where appropriate, present a legislative proposal in that respect, accompanied by a thorough socio-economic and environmental impact assessment.

In the impact assessment, the Commission should consider, in particular, the need for:

- provisions which specifically ensure that the principle of legal certainty is adhered to and that there is no unjustified retroactive effect in any Member State;

- provisions which ensure the implementation of the waste hierarchy as laid down in Article 4 of Directive 2008/98/EC;

- provisions which ensure that citizens and consumers are not burdened with disproportionate costs, in line with the ‘polluter pays’ principle;

- provisions which ensure full implementation and enforcement of this Directive, in particular with regard to adequate collection targets, as well as with regard to preventing illegal trade of WEEE;

- creating a new EEE category for ‘photovoltaic panels’ under this Directive with the aim to disassociate photovoltaic panels from the existing EEE category 4, ‘large equipment’, as referred to in Annexes III and IV, and calculating the collection targets on the basis of waste photovoltaic panels available for collection based on their expected lifetime, rather than on the quantity of products placed on the market;

- establishing a mechanism to ensure that, in the event of failure or liquidation of the producer, the future costs of collection, treatment, recovery and environmentally sound disposal of waste from photovoltaic panels from both private households and users other than private households will be covered financially.

Funding for WEEE from users other than private households

The text stipulates that for historical waste from EEE other than photovoltaic panels, being replaced by new equivalent products or by new products fulfilling the same function, the financing of the costs should be provided for by producers of those products when supplying them. Member States may, as an alternative, provide that users other than private households also be made, partly or totally, responsible for that financing.

For other historical waste from EEE, other than photovoltaic panels, the financing of the costs should be provided for by the users other than private households.

Transposition

This should take place at the latest 18 months from the date of entry into force of this Directive.

Documents
2024/01/16
   EP - Text agreed during interinstitutional negotiations
Documents
2024/01/11
   EP - Approval in committee of the text agreed at 1st reading interinstitutional negotiations
Documents
2023/11/29
   CSL - Coreper letter confirming interinstitutional agreement
2023/11/09
   EP - Results of vote in Parliament
2023/11/09
   EP - Decision by Parliament, 1st reading
Details

The European Parliament adopted by 595 votes to 2, with 3 abstentions, amendments to the proposal for a directive of the European Parliament and of the Council amending Directive 2012/19/EU on waste electrical and electronic equipment (WEEE).

The matter was referred back to the relevant committee for interinstitutional negotiations.

As a reminder, the proposal seeks to amend Directive 2012/19/EU on waste electrical and electronic equipment (WEEE) following the judgment of the Court of Justice of the European Union in case C-181/20.

Legal certainty

To maintain the principle of legal certainty in the future revisions of Directive 2012/19/EU, Members stressed that it is important to pay particular attention to preventing the adoption of any provisions that could potentially have unjustified retroactive effects . It is necessary to give clarity and predictability to EEE producers with regard to the operating conditions that were in effect when their products were placed on the market. That approach helps to avoid the risk of incurring unpredictable costs associated with future WEEE management. Furthermore, such revisions should respect the waste hierarchy.

Guarantee sound treatment of photovoltaic panels

Given that unsound treatment of waste photovoltaic panels and open scope WEEE leads to significant adverse impacts on health and the environment, Members stressed the need ensure the proper treatment of photovoltaic panels and maximising the recovery of waste from photovoltaic panels at the end of their lifetime.

Without prejudice to the changes to the financial obligations necessary to cover collection and treatment of waste photovoltaic panels placed on the market before 13 August 2012 and of waste from all open scope EEE placed on the market before 15 August 2018 introduced by this Directive, Member States should ensure the environmentally sound management of related WEEE.

Revision of the scope of the Directive

The amended text stipulated that no later than 31 December 2026, the Commission should assess the need for a revision of this Directive and, where appropriate, present a legislative proposal in that respect, accompanied by a thorough socio-economic and environmental impact assessment .

In the impact assessment, the Commission should in particular assess the following:

- provisions which specifically ensure that the principle of legal certainty is adhered to and that there is no provision that could entail unjustified retroactive effect in any Member State;

- provisions to ensure the implementation of the waste hierarchy as laid down in Article 4 of Directive 2008/98/EC;

- provisions to ensure that citizens and consumers are not burdened with disproportionate costs, in line with the polluter pays principle;

- provisions ensuring full implementation and enforcement of this Directive, in particular with regard to adequate collection targets, as well as preventing illegal trade of WEEE;

- creating a new ‘photovoltaic panels’ category under this Directive with the aim to disassociate photovoltaic panels from the existing WEEE category 4, ‘large equipment’, as referred to in Annexes III and IV, and calculating the collection targets on the basis of waste photovoltaic panels available for collection based on their projected lifetime, rather than on the quantity of products placed on the market;

- establishing a mechanism to ensure that in case of failure or liquidation of the producer, the future costs of collection, treatment, recovery and environmentally sound disposal of waste from photovoltaic panels from both private households and users other than private households will be covered financially.

Financing in respect of WEEE from users other than private households

The proposed amendment clarifies that the provisions relating to the costs of historical WEEE apply specifically to WEEE, as set out in Article 2(1)(a), without including photovoltaic panels .

In the case of other historical EEE waste, other than photovoltaic panels, the costs will be financed by users other than private households.

Transposition

This should take place no later than 18 months (instead of one year) after the date of entry into force.

Documents
2023/11/09
   EP - Matter referred back to the committee responsible
2023/10/27
   EP - Committee report tabled for plenary, 1st reading
Details

The Committee on the Environment, Public Health and Food Safety adopted the report by Anna ZALEWSKA (ECR, PL) on the proposal for a directive of the European Parliament and of the Council amending Directive 2012/19/EU on waste electrical and electronic equipment (WEEE).

As a reminder, the proposal seeks to amend Directive 2012/19/EU on waste electrical and electronic equipment (WEEE) following the judgment of the Court of Justice of the European Union in case C-181/20.

The committee recommended that the European Parliament's first-reading position under the ordinary legislative procedure should amend the Commission's proposal as follows:

- provide more clarity to the changes, where it would be useful, as the matter is not immediately obvious, as well as provide changes to other parts of the existing WEEE directive to ensure consistency and coherence;

- highlight the need to respect the principle of legal certainty and introduce provisions which would ensure the prevention of future instances of unjustified retroactivity, particularly in the anticipating upcoming overall revision of the WEEE directive.

Legal certainty

In order to maintain the principle of legal certainty in the future revisions of Directive 2012/19/EU, the report stressed that it is important to pay particular attention to preventing the adoption of any provisions that could potentially have unjustified retroactive effects. It is necessary to give clarity and predictability to EEE producers with regard to the operating conditions that were in effect when their products were placed on the market. That approach helps to avoid the risk of incurring unpredictable costs associated with future WEEE management. Furthermore, such revisions should respect the waste hierarchy as laid down in Article 4 of Directive 2008/98/EC.

The amended text stipulated that no later than 31 December 2026, the Commission should assess the need for a revision of this Directive and, where appropriate, present a legislative proposal in that respect, accompanied by a thorough socio-economic and environmental impact assessment.

In the impact assessment, the Commission should in particular assess the following:

- provisions which specifically ensure that the principle of legal certainty is adhered to and that there is no provision that could entail unjustified retroactive effect in any Member State;

- provisions to ensure the implementation of the waste hierarchy as laid down in Article 4 of Directive 2008/98/EC;

- provisions to ensure that citizens and consumers are not burdened with disproportionate costs, in line with the polluter pays principle;

- provisions ensuring full implementation and enforcement of this Directive, in particular with regard to adequate collection targets, as well as preventing illegal trade of WEEE;

- creating a new ‘photovoltaic panels’ category under this Directive with the aim to disassociate photovoltaic panels from the existing WEEE category 4, ‘large equipment’, as referred to in Annexes III and IV, and calculating the collection targets on the basis of waste photovoltaic panels available for collection based on their projected lifetime, rather than on the quantity of products placed on the market;

- establishing a mechanism to ensure that in case of failure or liquidation of the producer, the future costs of collection, treatment, recovery and environmentally sound disposal of waste from photovoltaic panels from both private households and users other than private households will be covered financially.

Financing in respect of WEEE from users other than private households

The proposed amendment clarifies that the provisions relating to the costs of historical WEEE apply specifically to WEEE, as set out in Article 2(1)(a), without including photovoltaic panels. In the case of other historical EEE waste, other than photovoltaic panels, the costs will be financed by users other than private households.

Transposition

This should take place no later than 18 months (instead of one year) after the date of entry into force.

Documents
2023/10/24
   EP - Vote in committee, 1st reading
2023/07/24
   EP - Amendments tabled in committee
Documents
2023/06/13
   EP - Committee draft report
Documents
2023/04/25
   CZ_CHAMBER - Contribution
Documents
2023/04/11
   EP - ZALEWSKA Anna (ECR) appointed as rapporteur in ENVI
2023/03/22
   ESC - Economic and Social Committee: opinion, report
Documents
2023/02/13
   EP - Committee referral announced in Parliament, 1st reading
2023/02/07
   EC - Legislative proposal published
Details

PURPOSE: amend Directive 2012/19/EU on waste electrical and electronic equipment (WEEE) following the judgment of the Court of Justice of the European Union in case C-181/20.

PROPOSED ACT: Directive of the European Parliament and of the Council.

ROLE OF THE EUROPEAN PARLIAMENT: the European Parliament decides in accordance with the ordinary legislative procedure and on an equal footing with the Council.

BACKGROUND: Directive 2012/19/EU on waste electrical and electronic equipment (WEEE) entered into force on 13 August 2012, replacing Directive 2002/96/EC. Photovoltaic panels, which were not in the scope of Directive 2002/96/EC, were included in the scope of Directive 2012/19/EU from 13 August 2012.

Article 13(1) of Directive 2012/19/EU establishes that producers of electrical and electronic equipment (EEE) are to bear the costs for the collection, treatment, recovery and environmentally sound disposal of waste EEE (WEEE) from users other than private households resulting from products placed on the market after 13 August 2005.

On 25 January 2022, the Court of Justice of the European Union in its judgement in case C-181/20 declared as partially invalid Article 13(1) of Directive 2012/19/EU on waste electrical and electronic equipment (WEEE Directive) by reason of non-justified retroactive effect, insofar as it provides for producers to have to assume the financing of the costs of collection, treatment, recovery and environmentally sound disposal of waste from photovoltaic panels placed on the market between 13 August 2005 and 13 August 2012.

The main objective of the proposed provisions is to ensure compliance with the Court of Justice of the European Union judgement and thus to clarify the time from when producers of different electrical and electronic equipment both for private households and for users other than private households have to provide for the financing of the management of the waste that occur from their products.

CONTENT: the proposal aims to amend Article 12, paragraphs 1, 3 and 4, Article 13(1) and Article 15(2) of the WEEE Directive as a follow-up to the judgement of the Court of Justice of the European Union in case C-181/20.

The proposed amendments aim to:

1) clarify the time from when producers of photovoltaic panels and of electrical and electronic equipment for private households that falls into the scope of the WEEE Directive only from 15 August 2018 (‘open scope’ EEE) have to provide for the financing of the costs for the collection, treatment, recovery and environmentally sound disposal of WEEE from private households. In particular, it clarifies that producers of photovoltaic panels for private households provide for the financing of the collection, treatment, recovery and environmentally sound disposal of WEEE resulting from photovoltaic panels where such photovoltaic panels were placed on the market from 13 August 2012. It also lays down that producers of ‘open scope’ EEE for private households provide for financing regarding the abovementioned costs for the resulting WEEE where the EEE was placed on the market from 15 August 2018.

2) clarify from when producers of photovoltaic panels and of electrical and electronic equipment for users other than private households that falls into the scope of the WEEE Directive only from 15 August 2018 (‘open scope’ EEE) have to provide for the financing of the costs for the collection, treatment, recovery and environmentally sound disposal of WEEE.

The proposal clarifies that producers of photovoltaic panels for users other than private households provide at least for the financing of the collection, treatment, recovery and environmentally sound disposal of WEEE resulting from photovoltaic panels where such photovoltaic panels were placed on the market from 13 August 2012. It also clarifies that producers of ‘open scope’ EEE for users other than private households shall provide for financing regarding the abovementioned costs for WEEE resulting from such EEE where it was placed on the market from 15 August 2018.

3) update the reference in the WEEE Directive to the European standard EN 50419. Since this standard has been revised in 2022, the proposal is to replace the reference to the 2006 version of the standard with the updated version of 2022.

Documents

  • Draft final act: 00083/2023/LEX
  • Decision by Parliament, 1st reading: T9-0059/2024
  • Text agreed during interinstitutional negotiations: PE757.124
  • Approval in committee of the text agreed at 1st reading interinstitutional negotiations: PE757.124
  • Coreper letter confirming interinstitutional agreement: GEDA/A/(2023)006753
  • Results of vote in Parliament: Results of vote in Parliament
  • Decision by Parliament, 1st reading: T9-0392/2023
  • Committee report tabled for plenary, 1st reading: A9-0311/2023
  • Amendments tabled in committee: PE752.606
  • Committee draft report: PE746.823
  • Contribution: COM(2023)0063
  • Economic and Social Committee: opinion, report: CES0995/2023
  • Legislative proposal published: EUR-Lex
  • Legislative proposal published: COM(2023)0063
  • Economic and Social Committee: opinion, report: CES0995/2023
  • Committee draft report: PE746.823
  • Amendments tabled in committee: PE752.606
  • Coreper letter confirming interinstitutional agreement: GEDA/A/(2023)006753
  • Text agreed during interinstitutional negotiations: PE757.124
  • Draft final act: 00083/2023/LEX
  • Contribution: COM(2023)0063

Votes

Waste electrical and electronic equipment (WEEE) – A9-0311/2023 – Anna Zalewska – Commission proposal and amendments #

2023/11/09 Outcome: +: 595, 0: 3, -: 2
DE IT FR ES PL NL RO CZ SE HU BE AT PT BG EL SK DK IE HR FI LT SI EE LV MT CY LU
Total
81
65
65
54
46
26
20
20
18
18
19
17
17
15
17
13
13
12
11
9
9
8
7
6
5
5
4
icon: PPE PPE
152

Hungary PPE

1

Denmark PPE

For (1)

1

Finland PPE

1

Estonia PPE

For (1)

1

Latvia PPE

2

Malta PPE

For (1)

1

Cyprus PPE

2

Luxembourg PPE

2
icon: S&D S&D
117

Czechia S&D

For (1)

1

Belgium S&D

2

Bulgaria S&D

3

Greece S&D

1

Slovakia S&D

For (1)

1

Lithuania S&D

2

Slovenia S&D

2

Estonia S&D

2

Latvia S&D

For (1)

1

Cyprus S&D

1

Luxembourg S&D

For (1)

1
icon: Renew Renew
84

Poland Renew

1
3

Hungary Renew

For (1)

1

Greece Renew

1

Ireland Renew

2

Croatia Renew

For (1)

1

Finland Renew

For (1)

1

Lithuania Renew

1

Slovenia Renew

2

Estonia Renew

3

Latvia Renew

For (1)

1

Luxembourg Renew

For (1)

1
icon: Verts/ALE Verts/ALE
64

Italy Verts/ALE

3

Spain Verts/ALE

3

Poland Verts/ALE

For (1)

1

Netherlands Verts/ALE

3

Czechia Verts/ALE

3

Sweden Verts/ALE

3

Belgium Verts/ALE

2

Austria Verts/ALE

3

Portugal Verts/ALE

1

Denmark Verts/ALE

2

Ireland Verts/ALE

For (1)

1

Finland Verts/ALE

3

Lithuania Verts/ALE

2
icon: ECR ECR
63

Germany ECR

1

Romania ECR

1

Bulgaria ECR

2

Greece ECR

1

Slovakia ECR

For (1)

1

Croatia ECR

1

Latvia ECR

For (1)

1
icon: ID ID
49

Czechia ID

For (1)

1

Belgium ID

For (1)

Against (1)

2
3

Denmark ID

For (1)

1

Estonia ID

For (1)

1
icon: NI NI
39

Germany NI

2

France NI

For (1)

1

Netherlands NI

Against (1)

1

Belgium NI

For (1)

1

Latvia NI

1
icon: The Left The Left
32

Germany The Left

3

Netherlands The Left

For (1)

1

Czechia The Left

1

Sweden The Left

For (1)

1

Belgium The Left

For (1)

1

Portugal The Left

3

Denmark The Left

1

Cyprus The Left

2

A9-0311/2023 – Anna Zalewska – Provisional agreement – Am 9 #

2024/02/06 Outcome: +: 628, 0: 6, -: 3
DE FR IT ES PL RO NL BE PT CZ SE HU AT FI BG EL IE DK SK HR LT LV EE LU SI MT CY
Total
88
72
65
54
48
31
26
21
21
21
18
17
16
14
14
15
13
14
12
12
10
7
7
6
5
5
5
icon: PPE PPE
159

Hungary PPE

1

Denmark PPE

For (1)

1

Estonia PPE

For (1)

1

Luxembourg PPE

2

Slovenia PPE

2

Malta PPE

For (1)

1

Cyprus PPE

For (1)

1
icon: S&D S&D
134

Belgium S&D

2

Czechia S&D

For (1)

1

Greece S&D

1

Slovakia S&D

For (1)

1

Lithuania S&D

2

Latvia S&D

For (1)

1

Estonia S&D

2

Luxembourg S&D

For (1)

1

Slovenia S&D

2

Cyprus S&D

2
icon: Renew Renew
93

Poland Renew

1
3

Hungary Renew

2

Austria Renew

For (1)

1

Finland Renew

3

Bulgaria Renew

2

Greece Renew

1

Ireland Renew

2

Slovakia Renew

2

Croatia Renew

For (1)

1

Lithuania Renew

1

Latvia Renew

For (1)

1

Estonia Renew

3

Luxembourg Renew

2

Slovenia Renew

For (1)

1
icon: Verts/ALE Verts/ALE
68

Italy Verts/ALE

3

Spain Verts/ALE

3

Poland Verts/ALE

For (1)

1

Romania Verts/ALE

1

Netherlands Verts/ALE

3

Belgium Verts/ALE

3

Portugal Verts/ALE

1

Czechia Verts/ALE

3

Sweden Verts/ALE

3

Austria Verts/ALE

2

Finland Verts/ALE

3

Greece Verts/ALE

For (1)

1

Ireland Verts/ALE

2

Denmark Verts/ALE

2

Lithuania Verts/ALE

2

Luxembourg Verts/ALE

For (1)

1
icon: ECR ECR
57

Romania ECR

Abstain (1)

1

Sweden ECR

2

Bulgaria ECR

For (1)

1

Greece ECR

1

Slovakia ECR

For (1)

1

Croatia ECR

1

Lithuania ECR

1

Latvia ECR

For (1)

1
icon: ID ID
51

Czechia ID

Abstain (1)

1
3

Denmark ID

Abstain (1)

1

Estonia ID

For (1)

1
icon: NI NI
42

Spain NI

1

Belgium NI

For (1)

1

Czechia NI

For (1)

1

Croatia NI

Against (1)

2

Latvia NI

1
icon: The Left The Left
33

Netherlands The Left

For (1)

1

Belgium The Left

For (1)

1

Czechia The Left

1

Sweden The Left

For (1)

1

Finland The Left

For (1)

1

Greece The Left

2

Denmark The Left

1

Cyprus The Left

2
AmendmentsDossier
25 2023/0025(COD)
2023/07/24 ENVI 25 amendments...
source: 752.606

History

(these mark the time of scraping, not the official date of the change)

events/11
date
2024-03-19T00:00:00
type
Final act published in Official Journal
procedure/final
title
Directive 2024/884
url
https://eur-lex.europa.eu/smartapi/cgi/sga_doc?smartapi!celexplus!prod!CELEXnumdoc&lg=EN&numdoc=32024L0884
procedure/stage_reached
Old
Procedure completed, awaiting publication in Official Journal
New
Procedure completed
docs/5
date
2024-03-13T00:00:00
docs
title: 00083/2023/LEX
type
Draft final act
body
CSL
events/10
date
2024-03-13T00:00:00
type
Final act signed
body
CSL
procedure/stage_reached
Old
Awaiting signature of act
New
Procedure completed, awaiting publication in Official Journal
docs/5
date
2024-03-13T00:00:00
docs
title: 00083/2023/LEX
type
Draft final act
body
CSL
events/10
date
2024-03-13T00:00:00
type
Final act signed
body
CSL
procedure/stage_reached
Old
Awaiting signature of act
New
Procedure completed, awaiting publication in Official Journal
docs/5
date
2024-03-13T00:00:00
docs
title: 00083/2023/LEX
type
Draft final act
body
CSL
docs/5
date
2024-03-13T00:00:00
docs
title: 00083/2023/LEX
type
Draft final act
body
CSL
docs/5
date
2024-03-13T00:00:00
docs
title: 00083/2023/LEX
type
Draft final act
body
CSL
docs/5
date
2024-03-13T00:00:00
docs
title: 00083/2023/LEX
type
Draft final act
body
CSL
docs/5
date
2024-03-13T00:00:00
docs
title: 00083/2023/LEX
type
Draft final act
body
CSL
docs/4
date
2024-01-16T00:00:00
docs
url: https://www.europarl.europa.eu/RegData/commissions/envi/inag/2024/01-16/ENVI_AG(2024)757124_EN.docx title: PE757.124
type
Text agreed during interinstitutional negotiations
body
EP
events/7/docs
  • url: https://www.europarl.europa.eu/RegData/commissions/envi/inag/2024/01-16/ENVI_AG(2024)757124_EN.docx title: PE757.124
events/9
date
2024-03-04T00:00:00
type
Act adopted by Council after Parliament's 1st reading
body
EP/CSL
procedure/stage_reached
Old
Awaiting Council's 1st reading position
New
Awaiting signature of act
docs/4
date
2024-02-06T00:00:00
docs
url: https://www.europarl.europa.eu/doceo/document/TA-9-2024-0059_EN.html title: T9-0059/2024
type
Text adopted by Parliament, 1st reading/single reading
body
EP
events/8/summary
  • The European Parliament adopted by 628 votes to 3, with 6 abstentions, a legislative resolution on the proposal for a directive of the European Parliament and of the Council amending Directive 2012/19/EU on waste electrical and electronic equipment (WEEE).
  • Parliament's position adopted at first reading under the ordinary legislative procedure should amend the proposal as follows:
  • Principle of legal security
  • To maintain the principle of legal certainty in future revisions of Directive 2012/19/EU, the amended text stressed that it is important to pay particular attention to preventing the adoption of any provisions that could potentially have unjustified retroactive effects. It is necessary to give clarity and predictability to EEE producers with regard to the operating conditions that were in effect when their products were placed on the market. That approach helps to avoid the risk of incurring unpredictable costs associated with future WEEE management. Furthermore, it is important that such revisions respect the waste hierarchy.
  • Ensure proper treatment of waste from photovoltaic panels
  • Given that the unsound treatment of waste from photovoltaic panels and of waste from open-scope EEE leads to significant adverse impacts on health and on the environment, the text stressed the need to ensure proper treatment of waste from photovoltaic panels and to maximise the recovery of waste from photovoltaic panels.
  • Without prejudice to the changes to the financial obligations that are necessary to cover collection and treatment of waste from photovoltaic panels placed on the market before 13 August 2012 and of waste from all open-scope EEE placed on the market before 15 August 2018 introduced by this Directive, it is important that Member States ensure the environmentally sound management of related WEEE.
  • Member States could encourage producers, through their individual or collective extended producer responsibility schemes, to properly collect and treat the related historical waste from photovoltaic panels and from open-scope EEE.
  • Review
  • The amended text stipulated that no later than 31 December 2026, the Commission should assess the need for a revision of this Directive and, where appropriate, present a legislative proposal in that respect, accompanied by a thorough socio-economic and environmental impact assessment.
  • In the impact assessment, the Commission should consider, in particular, the need for:
  • - provisions which specifically ensure that the principle of legal certainty is adhered to and that there is no unjustified retroactive effect in any Member State;
  • - provisions which ensure the implementation of the waste hierarchy as laid down in Article 4 of Directive 2008/98/EC;
  • - provisions which ensure that citizens and consumers are not burdened with disproportionate costs, in line with the ‘polluter pays’ principle;
  • - provisions which ensure full implementation and enforcement of this Directive, in particular with regard to adequate collection targets, as well as with regard to preventing illegal trade of WEEE;
  • - creating a new EEE category for ‘photovoltaic panels’ under this Directive with the aim to disassociate photovoltaic panels from the existing EEE category 4, ‘large equipment’, as referred to in Annexes III and IV, and calculating the collection targets on the basis of waste photovoltaic panels available for collection based on their expected lifetime, rather than on the quantity of products placed on the market;
  • - establishing a mechanism to ensure that, in the event of failure or liquidation of the producer, the future costs of collection, treatment, recovery and environmentally sound disposal of waste from photovoltaic panels from both private households and users other than private households will be covered financially.
  • Funding for WEEE from users other than private households
  • The text stipulates that for historical waste from EEE other than photovoltaic panels, being replaced by new equivalent products or by new products fulfilling the same function, the financing of the costs should be provided for by producers of those products when supplying them. Member States may, as an alternative, provide that users other than private households also be made, partly or totally, responsible for that financing.
  • For other historical waste from EEE, other than photovoltaic panels, the financing of the costs should be provided for by the users other than private households.
  • Transposition
  • This should take place at the latest 18 months from the date of entry into force of this Directive.
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  • The European Parliament adopted by 595 votes to 2, with 3 abstentions, amendments to the proposal for a directive of the European Parliament and of the Council amending Directive 2012/19/EU on waste electrical and electronic equipment (WEEE).
  • The matter was referred back to the relevant committee for interinstitutional negotiations.
  • As a reminder, the proposal seeks to amend Directive 2012/19/EU on waste electrical and electronic equipment (WEEE) following the judgment of the Court of Justice of the European Union in case C-181/20.
  • Legal certainty
  • To maintain the principle of legal certainty in the future revisions of Directive 2012/19/EU, Members stressed that it is important to pay particular attention to preventing the adoption of any provisions that could potentially have unjustified retroactive effects . It is necessary to give clarity and predictability to EEE producers with regard to the operating conditions that were in effect when their products were placed on the market. That approach helps to avoid the risk of incurring unpredictable costs associated with future WEEE management. Furthermore, such revisions should respect the waste hierarchy.
  • Guarantee sound treatment of photovoltaic panels
  • Given that unsound treatment of waste photovoltaic panels and open scope WEEE leads to significant adverse impacts on health and the environment, Members stressed the need ensure the proper treatment of photovoltaic panels and maximising the recovery of waste from photovoltaic panels at the end of their lifetime.
  • Without prejudice to the changes to the financial obligations necessary to cover collection and treatment of waste photovoltaic panels placed on the market before 13 August 2012 and of waste from all open scope EEE placed on the market before 15 August 2018 introduced by this Directive, Member States should ensure the environmentally sound management of related WEEE.
  • Revision of the scope of the Directive
  • The amended text stipulated that no later than 31 December 2026, the Commission should assess the need for a revision of this Directive and, where appropriate, present a legislative proposal in that respect, accompanied by a thorough socio-economic and environmental impact assessment .
  • In the impact assessment, the Commission should in particular assess the following:
  • - provisions which specifically ensure that the principle of legal certainty is adhered to and that there is no provision that could entail unjustified retroactive effect in any Member State;
  • - provisions to ensure the implementation of the waste hierarchy as laid down in Article 4 of Directive 2008/98/EC;
  • - provisions to ensure that citizens and consumers are not burdened with disproportionate costs, in line with the polluter pays principle;
  • - provisions ensuring full implementation and enforcement of this Directive, in particular with regard to adequate collection targets, as well as preventing illegal trade of WEEE;
  • - creating a new ‘photovoltaic panels’ category under this Directive with the aim to disassociate photovoltaic panels from the existing WEEE category 4, ‘large equipment’, as referred to in Annexes III and IV, and calculating the collection targets on the basis of waste photovoltaic panels available for collection based on their projected lifetime, rather than on the quantity of products placed on the market;
  • - establishing a mechanism to ensure that in case of failure or liquidation of the producer, the future costs of collection, treatment, recovery and environmentally sound disposal of waste from photovoltaic panels from both private households and users other than private households will be covered financially.
  • Financing in respect of WEEE from users other than private households
  • The proposed amendment clarifies that the provisions relating to the costs of historical WEEE apply specifically to WEEE, as set out in Article 2(1)(a), without including photovoltaic panels .
  • In the case of other historical EEE waste, other than photovoltaic panels, the costs will be financed by users other than private households.
  • Transposition
  • This should take place no later than 18 months (instead of one year) after the date of entry into force.
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  • The Committee on the Environment, Public Health and Food Safety adopted the report by Anna ZALEWSKA (ECR, PL) on the proposal for a directive of the European Parliament and of the Council amending Directive 2012/19/EU on waste electrical and electronic equipment (WEEE).
  • As a reminder, the proposal seeks to amend Directive 2012/19/EU on waste electrical and electronic equipment (WEEE) following the judgment of the Court of Justice of the European Union in case C-181/20.
  • The committee recommended that the European Parliament's first-reading position under the ordinary legislative procedure should amend the Commission's proposal as follows:
  • - provide more clarity to the changes, where it would be useful, as the matter is not immediately obvious, as well as provide changes to other parts of the existing WEEE directive to ensure consistency and coherence;
  • - highlight the need to respect the principle of legal certainty and introduce provisions which would ensure the prevention of future instances of unjustified retroactivity, particularly in the anticipating upcoming overall revision of the WEEE directive.
  • Legal certainty
  • In order to maintain the principle of legal certainty in the future revisions of Directive 2012/19/EU, the report stressed that it is important to pay particular attention to preventing the adoption of any provisions that could potentially have unjustified retroactive effects. It is necessary to give clarity and predictability to EEE producers with regard to the operating conditions that were in effect when their products were placed on the market. That approach helps to avoid the risk of incurring unpredictable costs associated with future WEEE management. Furthermore, such revisions should respect the waste hierarchy as laid down in Article 4 of Directive 2008/98/EC.
  • The amended text stipulated that no later than 31 December 2026, the Commission should assess the need for a revision of this Directive and, where appropriate, present a legislative proposal in that respect, accompanied by a thorough socio-economic and environmental impact assessment.
  • In the impact assessment, the Commission should in particular assess the following:
  • - provisions which specifically ensure that the principle of legal certainty is adhered to and that there is no provision that could entail unjustified retroactive effect in any Member State;
  • - provisions to ensure the implementation of the waste hierarchy as laid down in Article 4 of Directive 2008/98/EC;
  • - provisions to ensure that citizens and consumers are not burdened with disproportionate costs, in line with the polluter pays principle;
  • - provisions ensuring full implementation and enforcement of this Directive, in particular with regard to adequate collection targets, as well as preventing illegal trade of WEEE;
  • - creating a new ‘photovoltaic panels’ category under this Directive with the aim to disassociate photovoltaic panels from the existing WEEE category 4, ‘large equipment’, as referred to in Annexes III and IV, and calculating the collection targets on the basis of waste photovoltaic panels available for collection based on their projected lifetime, rather than on the quantity of products placed on the market;
  • - establishing a mechanism to ensure that in case of failure or liquidation of the producer, the future costs of collection, treatment, recovery and environmentally sound disposal of waste from photovoltaic panels from both private households and users other than private households will be covered financially.
  • Financing in respect of WEEE from users other than private households
  • The proposed amendment clarifies that the provisions relating to the costs of historical WEEE apply specifically to WEEE, as set out in Article 2(1)(a), without including photovoltaic panels. In the case of other historical EEE waste, other than photovoltaic panels, the costs will be financed by users other than private households.
  • Transposition
  • This should take place no later than 18 months (instead of one year) after the date of entry into force.
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  • PURPOSE: amend Directive 2012/19/EU on waste electrical and electronic equipment (WEEE) following the judgment of the Court of Justice of the European Union in case C-181/20.
  • PROPOSED ACT: Directive of the European Parliament and of the Council.
  • ROLE OF THE EUROPEAN PARLIAMENT: the European Parliament decides in accordance with the ordinary legislative procedure and on an equal footing with the Council.
  • BACKGROUND: Directive 2012/19/EU on waste electrical and electronic equipment (WEEE) entered into force on 13 August 2012, replacing Directive 2002/96/EC. Photovoltaic panels, which were not in the scope of Directive 2002/96/EC, were included in the scope of Directive 2012/19/EU from 13 August 2012.
  • Article 13(1) of Directive 2012/19/EU establishes that producers of electrical and electronic equipment (EEE) are to bear the costs for the collection, treatment, recovery and environmentally sound disposal of waste EEE (WEEE) from users other than private households resulting from products placed on the market after 13 August 2005.
  • On 25 January 2022, the Court of Justice of the European Union in its judgement in case C-181/20 declared as partially invalid Article 13(1) of Directive 2012/19/EU on waste electrical and electronic equipment (WEEE Directive) by reason of non-justified retroactive effect, insofar as it provides for producers to have to assume the financing of the costs of collection, treatment, recovery and environmentally sound disposal of waste from photovoltaic panels placed on the market between 13 August 2005 and 13 August 2012.
  • The main objective of the proposed provisions is to ensure compliance with the Court of Justice of the European Union judgement and thus to clarify the time from when producers of different electrical and electronic equipment both for private households and for users other than private households have to provide for the financing of the management of the waste that occur from their products.
  • CONTENT: the proposal aims to amend Article 12, paragraphs 1, 3 and 4, Article 13(1) and Article 15(2) of the WEEE Directive as a follow-up to the judgement of the Court of Justice of the European Union in case C-181/20.
  • The proposed amendments aim to:
  • 1) clarify the time from when producers of photovoltaic panels and of electrical and electronic equipment for private households that falls into the scope of the WEEE Directive only from 15 August 2018 (‘open scope’ EEE) have to provide for the financing of the costs for the collection, treatment, recovery and environmentally sound disposal of WEEE from private households. In particular, it clarifies that producers of photovoltaic panels for private households provide for the financing of the collection, treatment, recovery and environmentally sound disposal of WEEE resulting from photovoltaic panels where such photovoltaic panels were placed on the market from 13 August 2012. It also lays down that producers of ‘open scope’ EEE for private households provide for financing regarding the abovementioned costs for the resulting WEEE where the EEE was placed on the market from 15 August 2018.
  • 2) clarify from when producers of photovoltaic panels and of electrical and electronic equipment for users other than private households that falls into the scope of the WEEE Directive only from 15 August 2018 (‘open scope’ EEE) have to provide for the financing of the costs for the collection, treatment, recovery and environmentally sound disposal of WEEE.
  • The proposal clarifies that producers of photovoltaic panels for users other than private households provide at least for the financing of the collection, treatment, recovery and environmentally sound disposal of WEEE resulting from photovoltaic panels where such photovoltaic panels were placed on the market from 13 August 2012. It also clarifies that producers of ‘open scope’ EEE for users other than private households shall provide for financing regarding the abovementioned costs for WEEE resulting from such EEE where it was placed on the market from 15 August 2018.
  • 3) update the reference in the WEEE Directive to the European standard EN 50419. Since this standard has been revised in 2022, the proposal is to replace the reference to the 2006 version of the standard with the updated version of 2022.
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