28 Amendments of Kathleen VAN BREMPT related to 2008/0241(COD)
Amendment 59 #
Proposal for a directive
Article 1
Article 1
This Directive lays down measures to protect the environment and human health by preventing or reducing the adverse impacts of the generation and management of waste from electrical and electronic equipments and by reducing overall impacts of resource use and improving the efficiency of such use. , in line with articles 1 and 4 of Directive 2008/98/EC. It also contributes to sustainable consumption and production by improving the environmental performance of all operators involved in the life cycle of electrical and electronic equipment.
Amendment 87 #
Council position
Recital 13 a (new)
Recital 13 a (new)
(13a) In order that the polluter pays principle is fully applied, Member States must ensure that costs incurred by (local) authorities for the collection of WEEE are not passed on to taxpayers but are reflected in the product price.
Amendment 98 #
Council position
Article 3 – paragraph 1 – point d
Article 3 – paragraph 1 – point d
(d) ‘non-road mobile machinery’ means machinery, with on-board power sourcenot intended for normal use for a domestic or an office environment, the operation of which requires either mobility or continuous or semi-continuous movement between a succession of fixed working locations while working;
Amendment 104 #
Proposal for a directive
Article 3 – point q
Article 3 – point q
(q)"remove" means manual, mechanical, chemical or metallurgic handling with the result that hazardous substances, preparations and components are contained as an identifiable stream or identifiable part of a streamextracted at the earliest possible stage of the treatment process and as completely ats the end of technically feasible. The treatmentmoval process. A substance, preparation or component is identifiable if it can be monitored to prove environmentally saf has to take place before any other treatment which risks distributing or diluting hazardous components within the waste streatmentm.
Amendment 117 #
Proposal for a directive
Article 5 – paragraph 1
Article 5 – paragraph 1
1. Member States shall adopt appropriate measures to minimise the disposal of WEEE in the form of unsorted municipal waste and to achieve a high level of separate collection of WEEE, notably, and as a matter of priority, for cooling and freezing equipment containing ozone depleting substances and fluorinated greenhouse gases, for mercury containing lamps and for small appliances.
Amendment 126 #
Proposal for a directive
Article 6 – paragraph 2
Article 6 – paragraph 2
2. Member States shall ensure that the collection and transport of separately collected WEEE is carried out in a way which optimises re-use and recycling and the confinement of hazardous substances. In order to maximise reuse of whole appliances, Member States shall also ensure that collection schemes allow for the segregation of reusable appliances from separately collected WEEE at the collection points, prior to any transportation.
Amendment 135 #
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 65%. The collection rate is calculated on the basis of, by 2016, a minimum of 85% of the WEEE that is generated in the Member State is collected. Member States shall ensure that the volume of WEEE collected is gradually increased during the years 2012 to 2016. Member States shall present their improvement plans to the Commission by the end of 2011. Member States shall ensure that for 2011 at least 4kg/capita of WEEE is collected. The collection targets shall be achieved annually. Members States may, if practically motivated, set more ambitious individual targets and shall in such a case report theis 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 pl the Commission. The volume of WEEE that is treated in accordance with Article 8, including the volume prepared for reuse, shall be considered as the yearly volume of WEEE collected. To document achievement of the minimum collection rate, Member States shall ensure that information on volume of WEEE which - has been prepared for reuse or sent to treatment facilities by any actor and treated in accordance with Article 8, - 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 by producers or third parties contracted on the market in the two preceding years into act on their behalf, - or has been separately collected and treated via any means by other WEEE actor Is reported free from charge to thate Member State. This collection rate shall be achieved annually and starting in 2016. in accordance with Article 16 of this Directive. The achievement is to be defined as the actual volume of WEEE prepared for reuse or treated according to article 8.
Amendment 147 #
Proposal for a directive
Article 7 – paragraph 2a (new)
Article 7 – paragraph 2a (new)
2a.) Member States shall report on a yearly basis to the Commission - volume of WEEE generated in the Member State during the preceding year according to the common methodology established in point 3 - volume of WEEE collected in the Member State during the preceding year, - volume of EEE placed on the market in the Member State during the preceding year, +/- the volumes of EEE moved in and out of the Member State - an estimate of the volume of WEEE being improperly treated, landfilled or illegally exported during the preceding year.
Amendment 149 #
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 159 #
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 ratetarget and target date referred to in paragraph 1 also in view of setting a possible separate collection target for cooling and freezing equipments in particular for equipment containing ozone depleting substances or global warming substances such as cooling and freezing appliances, as well as for equipment containing mercury such as fluorescent lamps and small appliances (including toys, appliances containing batteries or accumulators), on the basis of a report of the Commission accompanied by a proposal, if appropriate.
Amendment 163 #
Proposal for a directive
Article 8 – paragraph 1
Article 8 – paragraph 1
1. Member States shall ensure that all separatelyd collected WEEE undergoes treatment. in accordance with the waste hierarchy priority order established by Directive 2008/98/EC. To give priority to preparation for reuse, a check should be implemented prior to any treatment, to ascertain whether the waste equipment or individual components thereof are reusable. This check should be carried out by accredited repair and reuse centres, established according to article 11.1 and Annex IV of Directive 2008/98/EC, or similarly qualified personnel
Amendment 164 #
Council position
Annex 5 – Part 1 – point d
Annex 5 – Part 1 – point d
(d) for gas discharge lamps, 80 % shall be recycled. Irrespective of whether lamps are collected together with luminaires, this recycling percentage shall apply to the lamps themselves.
Amendment 164 #
Proposal for a directive
Article 8 – paragraph 1 a (new)
Article 8 – paragraph 1 a (new)
1a. The Commission shall develop harmonised standards for the collection, treatment and recycling of WEEE, by 12 months after the entry in to force of this Directive, the European Committee for Standardisation shall be tasked to do so. These standards shall include methods for evaluation of end of life characteristics of products, as required by article 4, especially easiness of dismantling, recyclability and reduction of hazardous substance emissions.
Amendment 168 #
Council position
Annex 6 – paragraph 1 – point d
Annex 6 – paragraph 1 – point d
(d) appropriate protection against damage during transportation, loading and unloading in particular through sufficient packaging orand appropriate stacking of the load.
Amendment 175 #
Proposal for a directive
Article 11 – paragraph 1 – point a
Article 11 – paragraph 1 – point a
(a) for WEEE falling under categories 1 and 104 of Annex I to Directive 20xx/xx/EC (RoHS), A - 85% shall be recovered, - 875% shall be recoverycled and - 805% shall be prepared for reuse and recycled;
Amendment 177 #
(b) for WEEE falling under categories 3 and 4 of Annex I to Directive 20xx/xx/EC (RoHS), y 2 of Annex IA - 80% shall be recovered, - 8065% shall be recoverycled, and - 705% shall be prepared for reuse and recycled;
Amendment 182 #
(c) for WEEE falling under categories 2, 5, 6, 7, 8 and 9 of Annex I to Directive 20xx/xx/EC (RoHS)y 5 of Annex IA, - 75% shall be recovered, - 750% shall be recoverycled, and - 55% shall be prepared for reuse and recycled;
Amendment 185 #
Proposal for a directive
Article 11 – paragraph 1 - point -d a (new)
Article 11 – paragraph 1 - point -d a (new)
(da) for WEEE falling under category 6 of Annex IA - 85% shall be recovered, - 75% shall be recycled, and, - 5% shall be prepared for reuse.
Amendment 190 #
Proposal for a directive
Article 11 – paragraph 2
Article 11 – paragraph 2
2. These targets are calculated as weight percentage of separately collected WEEE that is sent to recovery facilities. Storage, sorting and pre-processing operations (other than preparing for reuse) shall not be included in the calculation of these targets.
Amendment 192 #
Proposal for a directive
Article 11 – paragraph 3
Article 11 – paragraph 3
3. Member States shall ensure that, for the purpose of calculating these targets, producers or third parties acting on their behalf keep records on the mass of WEEE, their components, materials or substances when entering (input) and leaving (output) the treatment facility and/or when entering (input) and leaving (output as overall percentage) the recovery or recycling facility.
Amendment 202 #
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). In addition, Member States, where appropriate, shall encourage producers to finance all the cost occurring for collection facilities for WEEE from private households. sure that, to improve the collection of WEEE, sufficient financial resources are raised according to the polluter pays principle (where the polluters are to be considered to be the retailers, consumers and producers, but not the taxpayers) at the moment of selling new EEE to cover the cost of collection of WEEE from households, including the cost of running the collection facilities and associated awareness-raising campaigns on the management of WEEE. These financial resources shall be available only to operators legally obliged to collect WEEE. Where receiving full coverage for their costs, municipalities and private collection points shall hand over all the WEEE collected to producer responsibility schemes. The financing of the collection of WEEE from households for removal to collection facilities should not fall under the individual producer responsibility for financing provided for in Article 12.2. Additional rules on the calculation methods regarding the costs of collection and collection facilities may be laid down by Member States.
Amendment 213 #
Proposal for a directive
Article 14 – paragraph 1
Article 14 – paragraph 1
1. Member States shall ensure that producers are allowed to show purchasers, at the timepoint 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 incurredrelevant lifecycle and environmental information on the sound collection, treatment and disposal of the product concerned, with, as a minimum, information concerning chemical content and toxicity, reparability and recyclability. This environmental information could also include the cost associated with the end-of-life of the product concerned. Neither Member States nor producers are allowed to establish a mandatory or fixed visible fee to be applied across an overall product range or an overall product category.
Amendment 221 #
Proposal for a directive
Article 15 – paragraph 1
Article 15 – paragraph 1
1. In order to facilitate the preparation for reuse and the correct and environmentally sound treatment of WEEE, including maintenance, upgrade, reuse, preparation for reuse, refurbishment and recycling, Member States shall take the necessary measures to ensure that producers provide free of charge reuse and treatment information for each type of new EEE placed on the market within one year after the equipment is placed on the market. This information shall identify, as far as it is needed by reuse centres, treatment and recycling facilities in order to comply with the provisions of this Directive, the different EEE components and materials, as well as the location of dangerous substances and preparations in EEE. It shall be made available to reuse centres, treatment and recycling facilities by producers of EEE in the form of manuals or by means of electronic media (e.g. CD- ROM, online services).
Amendment 222 #
Proposal for a directive
Article 16 – paragraph 1 – subparagraph 2
Article 16 – paragraph 1 – subparagraph 2
That register shall serve for monitoring compliance with the financing obligations under Articles 12 and 13. The financial guarantee obligation for end of life of products should be calculated to ensure the internalisation of the real end-of-life costs of a producer's product, taking into account treatment and recycling standards as referred to in Article 8.
Amendment 230 #
Proposal for a directive
Article 16 – paragraph 3 a (new)
Article 16 – paragraph 3 a (new)
3a. In order to permit a harmonised approach to compliance with the financial guarantee requirements as established in Article 12, the Commission shall, no later than [12 months after entry into force] establish the minimum requirements and methodology for calculating the level of these guarantees, and establish guidelines for their verification and auditing. These requirements should at least ensure that: a) the guarantee creates internalisation of the real end-of-life costs of a producer’s product, taking into account the treatment and recycling standards, b) the cost related to a producer’s obligation are not falling on other actors, now or in the future and c) the guarantee will be present in the future and can be utilised to resolve the outstanding recycling obligation of a producer in case of insolvency.
Amendment 242 #
Proposal for a directive
Article 20 – paragraph 1 – subparagraph 2b (new)
Article 20 – paragraph 1 – subparagraph 2b (new)
2b. The financial guarantee should be calculated to ensure the internalisation of the real end-of-life costs of a producer’s product as required by Article 12(2), taking into account treatment and recycling standards, as foreseen by Article 8.
Amendment 267 #
Proposal for a directive
Annex I A (new)
Annex I A (new)
ANNEX IA Categories of equipment in accordance with Article 11 (1) Cooling appliances and radiators (2) Separate screens and monitors (3) Lamps (4) Large appliances other than cooling appliances and radiators, screens and monitors and lamps. Large appliances are all those appliances which are not in principle movable or which are intended in principle to remain in their place of use for the duration of their service life. (5) Small appliances other than cooling appliances and radiators, screens and monitors and lamps and IT and telecommunication equipment. Small appliances are all those appliances which are in principle movable and which are not intended in principle to remain in their place of use for the duration of their service life. (6) Small IT and telecommunications equipment.
Amendment 272 #
Proposal for a directive
Annex I B (new)
Annex I B (new)