39 Amendments of Chris DAVIES related to 2008/0241(COD)
Amendment 46 #
Proposal for a directive
Recital 13
Recital 13
(13) Separate collection is a precondition to ensure specific treatment and recycling of WEEE and is necessary to achieve the chosen level of protection of human health and the environment in the Community. Consumers have to actively contribute to the success of such collection and should be encouraged to return WEEE. For this purpose, convenient facilities should be set up for the return of WEEE, including public collection points, where private households should be able to return their waste at least free of charge. Distributors, municipalities and recyclers all have an important role in contributing to the success of WEEE collection and treatment and thus should be subject to the requirements of this Directive.
Amendment 48 #
Proposal for a directive
Recital 14
Recital 14
(14) In order to attain the chosen level of protection and harmonised environmental objectives of the Community, Member States should adopt appropriate measures to minimise the disposal of WEEE as unsorted municipal waste and to achieve a high level of separate collection of WEEE. In order to ensure that Member States strive to set up efficient collection schemes, they should be required to achieve a high level of collection of WEEE, particularly for cooling and freezing equipment containing ozone depleting substances and fluorinated greenhouse gases, given their high environmental impact and in view of obligations contained in Regulation (EC) 2037/2000 and Regulation (EC) 842/2006. Data included in the impact assessment shows that 65% of electrical and electronic equipment placed on the market is already separately collected today, but more than half of this potentially leaks to improper treatment and illegal exports, or is treated properly but the amounts treated were not reported. This leads to losses of valuable secondary raw materials and, environmental degradation and provision of inconsistent data. To avoid this, it is necessary to set an ambitious collection target, to oblige all actors that collect WEEE to ensure its environmentally sound treatment, and to require them to report the volumes collected, handled and treated. It is of fundamental importance that Member States ensure that the Directive is effectively enforced, in particular as regards checks on used EEE shipped out of the EU.
Amendment 51 #
Proposal for a directive
Recital 19
Recital 19
(19) Users of electrical and electronic equipment from private households should have the possibility of returning WEEE at least free of charge. Producers should finance at least the collection from collection facilities, and the treatment, recovery and disposal of WEEE. Member States should encourage producers to take full ownership of the WEEE collection in particular by financing the collection of WEEE throughout the whole waste chain, including from private households, in order to avoid leakage of separately collected WEEE to sub-optimal treatment and illegal exports, to create a level playing field by harmonising producer financing across the EU, to shift payment for the collection of this waste from general tax payers to the consumers of EEE in line with the polluter pays principle. In order to give maximum effect to the concept of producer responsibility, each producer should be responsible for financing the management of the waste from his own products. The producer should be able to choose to fulfil this obligation either individually or by joining a collective scheme. Each producer, or third party contracted to act on their behalf, should, when placing a product on the market, provide a financial guarantee to prevent costs for the management of WEEE from orphan products from falling on society or the remaining producers. The responsibility for the financing of the management of historical waste should be shared by all existing producers in collective financing schemes to which all producers, existing on the market when the costs occur, contribute proportionately. Collective financing schemes should not have the effect of excluding niche and low- volume producers, importers and new entrants.
Amendment 52 #
Proposal for a directive
Recital 19
Recital 19
(19) Users of electrical and electronic equipment from private households should have the possibility of returning WEEE at least free of charge. Producers should finance at least the collection from collection facilities, and the treatment, recovery and disposal of WEEE. Member States should encourage producers to take full ownership of the WEEE collection in particular by financing the collection of WEEE throughout the whole waste chain, including from private households,all stakeholders handling WEEE to help achieve the aim of the Directive in order to avoid leakage of separately collected WEEE to sub-optimal treatment and illegal exports, to create a level playing field by harmonising producer financing across the EU, to shif. All WEEE collected by all participants should be counted and recorded. So that payment for the collection of this waste is shifted from general tax payers to the consumers of EEE in line with the polluter pays principle, Member States should encourage producers to treat all WEEE collected that is handed over to them free of charge by collectors of WEEE. If economic operators choose not to hand over WEEE free of charge and treat WEEE without prior agreement with a producer or producer responsibility organisation, whether there is a net cost or net credit after collection, transport and treatment, then producers shall not be required to finance any cost for this WEEE. So that proper treatment is possible, consumers have responsibility for ensuring that end- of-life EEE is taken to collection facilities. In order to give maximum effect to the concept of producer responsibility, each producer should be responsible for financing the management of the waste from his own products. The producer should be able to choose to fulfil this obligation either individually or by joining a collective scheme. Each producer should, when placing a product on the market, provide a financial guarantee to prevent costs for the management of WEEE from orphan products from falling on society or the remaining producers. The responsibility for the financing of the management of historical waste should be shared by all existing producers in collective financing schemes to which all producers, existing on the market when the costs occur, contribute proportionately. Collective financing schemes should not have the effect of excluding niche and low-volume producers, importers and new entrants.
Amendment 56 #
Proposal for a directive
Recital 26 a (new)
Recital 26 a (new)
(26a) To reduce barriers to the operation of the internal market, administrative burdens should be reduced by standardising registration and reporting and by preventing multiple charges for multiple registrations in individual Member States. In particular, a legal domicile in each Member State should no longer be a requirement in order to be allowed to place EEE on the market; rather, the appointment of a resident agent should be sufficient. For practical enforcement of this legislation it must be possible for Member States to identify the producer that bears responsibility for the product and trace back the supply chain from the final distributor. Member States should ensure that a distributor making equipment available for the first time on a national territory from countries inside the Community (intra-community trade) either concludes an agreement with the producer or provides the registration and the financing of the management of WEEE arising from this equipment.
Amendment 71 #
Proposal for a directive
Article 2 - paragraph 3 - point e a (new)
Article 2 - paragraph 3 - point e a (new)
(ea) fixed installations
Amendment 77 #
Proposal for a directive
Article 3 - point b a (new)
Article 3 - point b a (new)
(ba) "Fixed installation" means a particular combination of several types of apparatus and, where applicable, other devices, which are assembled, installed and intended to be used permanently at a pre-defined location;
Amendment 78 #
Proposal for a directive
Article 3 - point b a (new)
Article 3 - point b a (new)
(ba) "Large scale stationary industrial tools" are machines or systems, consisting of a combination of equipment, systems, finished products and/or components, installed by professionals at a given place in industrial machinery or in an industrial building to perform a specific task;
Amendment 87 #
Proposal for a directive
Article 3 - point k a (new)
Article 3 - point k a (new)
(ka) "Third parties" means organisations appointed by a producer or group of producers for the purpose of carrying out certain obligations of the appointing producer or group of producers.
Amendment 89 #
Proposal for a directive
Article 3 – point l
Article 3 – point l
(l) WEEE from private households’ means WEEE which comes from private households and from commercial, industrial, institutional and other sources which, because of its nature and quantity, is similar to that from private households. Waste from EEE used by both private and other and private households collected through collective and individual systems shall in any case be considered as WEEE from private households.
Amendment 91 #
Proposal for a directive
Article 3 - point m a (new)
Article 3 - point m a (new)
(ma) "Strategic raw material" means a material of strategic importance for the EU’s competitiveness, including Chromium, Cobalt, Copper, Gallium, Indium, Lithium, Manganese, Molybdenum, Nickel, Niobium, Platinum Group Metals (Palladium, Platinum, Rhodium), Rare Earth Elements, Selenium, Tantalum, Titanium, Vanadium
Amendment 99 #
Council position
Article 3 – paragraph 1 – point e
Article 3 – paragraph 1 – point e
(e) ‘waste electrical and electronic equipment’ or ‘WEEE’ means electrical or electronic equipment which is waste within the meaning of Article 3(1) of Directive 2008/98/EC, including all components, subassemblies and consumables which are part of the product at the time of discarding or which include electrical or electronic parts essential to their function;
Amendment 105 #
Council position
Article 4
Article 4
Member States shall, without prejudice to the requirements of Union legislation on product design, including Directive 2009/125/EC, encourage cooperation between producers and recyclers and measures to promote the design and production of EEE, notably in view of facilitating re-use, dismantling and recovery of WEEE, its components and materials. In this context, Member States shall take appropriate measures so that producers do not prevent, through specific design features or manufacturing processes, WEEE from being re-used, unless such specific design features or manufacturing processes present overriding advantages, for example, with regard to the protection of the environment and/or safety requirements. Eco-design requirements facilitating re-use, dismantling or recovery of WEEE or the reuse of consumables which include electrical or electronic parts essential to their function, and reducing hazardous substance emissions shall be established no later than 31 December 2014 in the framework of the implementing measures adopted pursuant to Directive 2009/125/EC.
Amendment 114 #
Proposal for a directive
Article 4
Article 4
Member States shall, in line with Community product legislation including Directive 2005/32/EC on eco-design, encourage cooperation between producers and recyclers and measures to promote the design and production of electrical and electronic equipment notably in view of facilitating re-use, dismantling and recovery of WEEE, its components and materials. These measures shall respect the proper functioning of the internal market. In this context, Member States shall take appropriate measures so that producers do not prevent, through specific design features or manufacturing processes, WEEE from being re-used, unless such specific design features or manufacturing processes present overriding advantages, for example, with regard to the protection of the environment and/or safety requirements
Amendment 129 #
Council position
Article 23 – paragraphs 3 a to 3 d (new)
Article 23 – paragraphs 3 a to 3 d (new)
3a. Member States shall create a national register of acknowledged collection and treatment facilities. Only those facilities whose operators comply with the requirements set out in Article 8(3) shall be admitted to that national register. Member States shall make the contents of the register publicly available. 3b. Facility operators shall submit annual proof of their compliance with this Directive, and shall submit reports to competent authorities in accordance with paragraphs 3c and 3d in order to maintain their status as acknowledged treatment facilities. 3c. Operators of collection facilities shall submit reports annually to enable national authorities to compare the volume of collected WEEE with the volume of WEEE actually transferred to recovery or recycling facilities. WEEE shall be transferred exclusively to acknowledged recovery and treatment facilities. 3d. Operators of treatment facilities shall submit reports annually to competent authorities to enable national authorities to compare the amount of WEEE taken back from owners or acknowledged collection facilities with the amount of WEEE actually recovered, recycled or, in accordance with Article 10, exported.
Amendment 133 #
Proposal for a directive
Article 7 - paragraph 1
Article 7 - paragraph 1
1. Without prejudice to Article 5(1), Member States shall ensure that producers or third parties acting on their behalf achieve a minimum collection rate of 675% is achieved. The collection rate is calculated on the basis of the total weight of WEEE collected in accordance with Articles 5 and 6 in a given year in that Member State, expressed as a percentage of the average weight of electrical and electronic equipment placed on the market in the two preceding years in that Member State. This collection rate shall be achieved annually and starting in 2016. From 2013 until the end of 2015, Member States shall ensure that an identically calculated minimum collection rate of 50% is achieved monthly.
Amendment 142 #
Proposal for a directive
Article 7 - paragraph 1 a (new)
Article 7 - paragraph 1 a (new)
1a. To establish that the minimum collection rate has been achieved, Member States shall ensure that information on WEEE which: contracted to act on their behalf, - has been taken to collection facilities in accordance with Article 5(2)(a), - has been taken to distributors in accordance with Article 5(2)(b), - has been separately collected and treated or exported by producers or third parties - or has been separately collected via other means is communicated to them free of charge.
Amendment 153 #
Proposal for a directive
Article 7 - paragraph 3 – subparagraph 1
Article 7 - paragraph 3 – subparagraph 1
3. ABy 2014 a common methodology shall be established for the calculation of the total weight of electrical and electronic equipment placed on the national marketto determine the volume of WEEE generated (by weight and units) in each Member State.
Amendment 158 #
Proposal for a directive
Article 7 - paragraph 4
Article 7 - paragraph 4
4. By 31 December 2012 at the latest the European Parliament and the Council shall re-examine the collection rate and target date referred to in paragraph 1 also in view of setting a possible separate collection target for cooling and freezing equipmentequipment containing ozone depleting substances or global warming substances such as cooling and freezing appliances, as well as for small appliances (including toys, appliances containing batteries or accumulators), and equipment containing mercury such as fluorescent lamps, on the basis of a report of the Commission accompanied by a proposal, if appropriate.
Amendment 161 #
Proposal for a directive
Article 8 - paragraph 1
Article 8 - paragraph 1
1. Member States shall ensure that all separately collected WEEE undergoes treatment. The Commission shall encourage the development of harmonised standards for the collection, treatment and recycling of WEEE, in particular by tasking the European Committee for Standardisation accordingly. Reference to such harmonised standards shall be published in the Official Journal of the European Communities and this listing shall be updated periodically.
Amendment 166 #
Proposal for a directive
Article 8 - paragraph 2 a (new)
Article 8 - paragraph 2 a (new)
2a. Treatment shall maximise the retrieval of strategic raw materials as defined in Article 3.
Amendment 169 #
Proposal for a directive
Article 10 - paragraph 2
Article 10 - paragraph 2
2. WEEE exported out of the Community in line with Regulation (EC) No 1013/2006 on shipments of waste, and Commission Regulation (EC) No 1418/2007 of 29 November 2007 concerning the export for recovery of certain waste listed in Annex III or Annex IIIA to Regulation (EC) No 1013/2006 of the European Parliament and of the Council to certain countries to which the OECD Decision on the control of transboundary movements of wastes does not apply shall only count for the fulfilment of obligations and targets of Article 11 of this Directivtake place if the exporter can prove that the treatmentcovery took place under conditions that are equivalent to the requirements of this Directive, and in particular to annexes II and III.
Amendment 170 #
Proposal for a directive
Article 10 - paragraph 2 a (new)
Article 10 - paragraph 2 a (new)
2a. Member States shall not permit the shipment of any item of electrical and electronic equipment intended for re-use unless it has been certified by an identified individual or corporate body to be in full working order and bears a label to this effect.
Amendment 173 #
Proposal for a directive
Article 11 - paragraph 1 – point a
Article 11 - paragraph 1 – point a
(a) for WEEE falling under categories 1 and 10 of Annex I to Directive 20xx/xx/EC (RoHS), – 85% shall be recovered, and – 80% of components, materials and substances thereof shall be prepared for reuse and recycled;
Amendment 179 #
Proposal for a directive
Article 11 - paragraph 1 – point b
Article 11 - paragraph 1 – point b
(b) for WEEE falling under categories 3 and 4 of Annex I to Directive 20xx/xx/EC (RoHS), – 80% shall be recovered, and – 70% of components, materials and substances thereof shall be prepared for reuse and recycled;
Amendment 181 #
Proposal for a directive
Article 11 - paragraph 1 – point c
Article 11 - paragraph 1 – point c
(c) for WEEE falling under categories 2, 5, 6, 7 and 9 of Annex I to Directive 20xx/xx/EC (RoHS), – 75% shall be recovered, and – 55% of components, materials and substances thereof shall be prepared for reuse and recycled;
Amendment 184 #
Proposal for a directive
Article 11 - paragraph 1 – point d
Article 11 - paragraph 1 – point d
(d) for gas discharge lamps, 85% of components, materials and substances thereof shall be prepared for reuse and recycled.
Amendment 200 #
Proposal for a directive
Article 12 - paragraph 1
Article 12 - paragraph 1
1. Member States shall ensure that producers provide at least for the financing of the collection, treatment, recovery and environmentally sound disposal of WEEE from private households deposited at collection facilities set up under Article 5(2). Member States, where appropriate, shall encourage produc which is handed overs to finance all the cost occurring for collection facilities for WEEE from private householdsthem free of charge.
Amendment 204 #
Proposal for a directive
Article 12 - paragraph 2 – subparagraph 1
Article 12 - paragraph 2 – subparagraph 1
2. For products placed on the market later than 13 August 2005, each producer shall be responsible for financing the operations referred to in paragraph 1 relating to the waste from his own products. The producer can choose to fulfil this obligation either individually or by joining a collective scheme. A producer should be able to fulfil its obligation through either one or a combination of these methods.
Amendment 211 #
Proposal for a directive
Article 12 - paragraph 3 a (new)
Article 12 - paragraph 3 a (new)
3a. Member States shall require producers or third parties contracted to act on their behalf to publish annually a report on the financing and costs of the systems for collection, treatment and disposal.
Amendment 214 #
Proposal for a directive
Article 14 – paragraph 1
Article 14 – paragraph 1
1. Member Sstates shall ensure thapermit producers are allowedvoluntarily to show purchasers, at the time of sale of new products, the costs of collection, treatment and disposal in an environmentally sound way. The costs mentioned shall not exceed the actual costs incurred.
Amendment 232 #
Proposal for a directive
Article 16 - paragraph 5
Article 16 - paragraph 5
5. Member States shall draw up a register of producers and collect information, including substantiated estimates, on an annual basis on the quantities and categories of electrical and electronic equipment placedmade available on their markets, and WEEE collected through all routes, reused, recycled and recovered within the Member States, and on separately collected WEEE exported, by weight or, if this is not possible, by numbersby producers, third parties contracted by producers or any other WEEE actors, and on separately collected WEEE exported, moved to or received from another Member State, by weight.
Amendment 234 #
Proposal for a directive
Article 16 a (new)
Article 16 a (new)
Amendment 244 #
Proposal for a directive
Article 20 – paragraph 3 a (new)
Article 20 – paragraph 3 a (new)
Amendment 245 #
Proposal for a directive
Article 20 – paragraph 3 b (new)
Article 20 – paragraph 3 b (new)
3b. Facility operators shall submit annual proof of their adherence to the requirements of the Directive, and report in compliance with (6) and (7) in order to preserve their status as acknowledged treatment facilities.
Amendment 246 #
Proposal for a directive
Article 20 – paragraph 3 c (new)
Article 20 – paragraph 3 c (new)
3c. Operators of collection facilities shall provide reports annually to enable national authorities to compare the volume of collected WEEE with the volume of WEEE actually transferred to recovery or recycling facilities. WEEE shall be exclusively transferred to acknowledged recovery and treatment facilities.
Amendment 247 #
Proposal for a directive
Article 20 – paragraph 3 d (new)
Article 20 – paragraph 3 d (new)
3d. Operators of treatment facilities shall provide reports annually to enable national authorities to compare the amount of WEEE taken back from owners or acknowledged collection facilities with the amount of WEEE actually recovered, recycled or, in accordance with Article 10, exported.
Amendment 248 #
Proposal for a directive
Article 20 – paragraph 3 e (new)
Article 20 – paragraph 3 e (new)
3e. Member States shall ensure that owners hand their WEEE over exclusively to registered and acknowledged collection, recovery and/or recycling facilities.
Amendment 268 #
Proposal for a directive
Annex I B (new)
Annex I B (new)
ANNEX IB Categories of electrical and electronic equipment covered by this Directive (1) Cooling equipment (2) Display equipment (3) Lighting equipment (4) Large equipment (5) Small equipment (6) ICT equipment