The Commission accepts the amendment adopted by the
European Parliament in second reading on the basis of a compromise
text agreed by the Council and the European Parliament.
The amendment containing this compromise package
concerns essentially:
- the establishment of new collection targets per Member
State seven years after entry into force, with an intermediate
target four years after entry into force;
- the take-back of small WEEE at large retail shops
unless alternative schemes can be shown to be at least as
effective;
- the widening of the scope to include all electrical
and electronic equipment, six years after entry into force, with
additional exemptions, and after a review to be carried out by the
Commission;
- the harmonisation of registration and reporting
requirements, while acknowledging that these requirements are in
principle national to allow for effective enforcement;
- the introduction of minimum requirements for shipments
of used equipment which are suspected to be illegal waste
shipments, including reversal of the burden of proof, and specific
derogations.
The Commission underlines that the minimum
requirements for shipments should not hinder the legal trade of
used equipment. Where there is a suspicion that the shipment is de
facto an
illegal shipment of waste, Annex VI gives Member
States the legal instrument to clarify the situation.
The Commission adopted four declarations
on:
- Product design: the
Commission will, if and when introducing new or reviewing the
implementing measures adopted pursuant to Directive 2009/125/EC on
products also covered by the WEEE Directive, take into account the
parameters for re-use and recycling as set out in Annex 1 part 1 of
the Directive 2009/125/EC, and assess the feasibility of
introducing requirements on re-usability, easy dismantling and
recyclability of such products.
- Specific derogations from the collection
targets: the Commission underlines that high collection targets
of WEEE are important for a resource-efficient Europe and that the
transitional arrangements can only be applied in exceptional
circumstances. The difficulties faced and the specific
circumstances on which they are based must be objective, well
documented, and verifiable.
- Nanomaterials:
where specific nanomaterials have been
shown to pose risks to human health or the environment, the
Commission will assess whether specific treatment may be necessary
and amend Annex VII as appropriate.
- The use of implementing acts: the Commission considers that the powers conferred
on the Commission in Articles 7(5) and 23(4) should be delegated
powers, in order to properly reflect the nature of the powers
conferred, in accordance with Article 290 of the Treaty on the
Functioning of the EU. The Commission reserves its right to avail
itself of the legal remedies provided by the Treaty with a view to
seeking clarification by the Court on the issue of delimitation
between Articles 290 and 291.