Activities of Julie GIRLING related to 2008/0241(COD)
Plenary speeches (2)
Waste electrical and electronic equipment (debate)
Waste electrical and electronic equipment (debate)
Amendments (16)
Amendment 74 #
Proposal for a directive
Article 3 - point a
Article 3 - point a
(a) ‘electrical and electronic equipment’ or ‘EEE’ means equipment which is dependent on electric currents or electromagnetic fields in order to work properly and equipment for the generation, transfer and measurement of such currents and fields falling under the categories set out in Annex I of Directive 20xx/xx/EC (RoHS) and designed for use with a voltage rating not exceeding 1000 Vvolts for alternating current and 1500 Vvolts for direct current; Dependent shall mean that the equipment needs electricity as energy to fulfil its basic function.
Amendment 82 #
Council position
Recital 6
Recital 6
(6) The purpose of this Directive is to contribute to sustainable production and consumption by, as a first priority, the prevention of WEEE and, in addition, by the re-use, recycling and other forms of recovery of such wastes, so as to reduce the disposal of waste and to contribute to the efficient use of resources and to the retrieval of critical raw materials. It also seeks to improve the environmental performance of all operators involved in the life cycle of EEE, e.g. producers, distributors and consumers and, in particular, those operators directly involved in the collection and treatment of WEEE. In particular, different national applications of the producer responsibility principle may lead to substantial disparities in the financial burden on economic operators. Having different national policies on the management of WEEE hampers the effectiveness of recycling policies. For that reason, the essential criteria should be laid down at the level of the Union.
Amendment 90 #
Council position
Recital 19
Recital 19
(19) Users of EEE from private households should have the possibility of returning WEEE at least free of charge. Producers should therefore finance at least the collection from collection facilities, and the treatment, recovery and disposal of WEEE. Member States should encourage producers to take full responsibility for the WEEE collection in particular by financing the collection of WEEE throughout the entire waste chain, including from private households,all stakeholders handling WEEE to help achieve the objectives of this Directive in order to avoid separately collected WEEE becoming the object of suboptimal treatment and illegal exports, to create a level playing field by harmonising producer financing across the Union and to shif. In order to ensure 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. In order to make proper treatment possible, consumers should be offered incentives to ensure 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 through collective financing schemes to which all producers that exist 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. In the case of products which have a long life cycle and which are now covered by the Directive for the first time, such as photovoltaic modules, the best possible use should be made of existing collection and recovery systems, provided that such systems meet the requirements laid down in this Directive. In particular, no obstacles should be placed in the way of the operation of systems established throughout the Union, given their consistency with the aims of the internal market.
Amendment 95 #
Council position
Article 3 – paragraph 1 – point c – point iii
Article 3 – paragraph 1 – point c – point iii
(iii) can only be replaced by the samefunctionally equivalent specifically designed equipment;
Amendment 102 #
Council position
Article 3 – paragraph 1 – point j – subparagraphs 3 and 4 (new)
Article 3 – paragraph 1 – point j – subparagraphs 3 and 4 (new)
Member States may exempt producers which, relative to the size of the national market, place very small quantities of EEE on that market, from the requirements of this Directive, on condition that this does not impede the proper functioning of the collection and recycling schemes set up on the basis of this Directive. Member States shall make public such draft measures and the grounds for proposing them and notify them to the Commission and the other Member States through the committee referred to in Article 21(1). The Commission shall, within six months of notification as referred to in the preceding subparagraph, approve or reject the draft measures after having verified that they are consistent with the considerations set out in that subparagraph and do not constitute a means of arbitrary discrimination or a disguised restriction on trade between Member States. In the absence of a decision by the Commission within this period, the draft measures shall be deemed to have been approved;
Amendment 113 #
Council position
Article 11 – paragraph 1
Article 11 – paragraph 1
1. Regarding all WEEE separately collected in accordance with Article 5 and sent for treatment in accordance with Articles 8, 9 and 10, Member States shall ensure that producers meet the following minimum targets set out in Annex V. as from...*: (a) for WEEE falling under categories 1 and 4 of Annex III, – 85 % shall be recovered and – 75 % shall be recycled; (b) for WEEE falling under category 2 of Annex III, – 80 % shall be recovered and – 65 % shall be recycled; (c) for WEEE falling under category 3 of Annex III, – 75 % shall be recovered and – 50 % shall be recycled; (d) for WEEE falling under category 5 of Annex III, – 75 % shall be recovered and – 50 % shall be recycled; (e) for WEEE falling under category 6 of Annex III, – 85 % shall be recovered and – 75 % shall be recycled; (f) for gas discharge lamps, 80% shall be recycled. _______ * The date of entry into force of this Directive.
Amendment 120 #
Council position
Article 14 – title
Article 14 – title
Amendment 123 #
Council position
Article 14 – paragraph 1
Article 14 – paragraph 1
1. Member States may require producers to show purchasers, at the time of sale of new products, the costs of collection, treatment and disIn order to raise users’ awareness, Member States may require that all distributors of very small EEE put in place appropriate collection schemes for very small volume EEE which: (a) enable end-users to discard very small volume WEEE at an accessible and visible collection point in the retailer’s shop; (b) require retailers to take back very small volume WEEE at no charge; (c) do not involve any charge to end-users when discarding very small volume WEEE, nor any obligation to buy a new product of the same type. Distributors may be also required to actively inform the end-users where and how the latter can dispose of their small volume WEEE in a correct and safe way. Distributors supplying EEE directly to private households or users other than private households solely by means of distance communication shall only be subject to the obligations under subparagraph 1 points b and c. The collection scheme put in place by these distributors shall enable end-users to return very small volume WEEE without those users having to incur any charges, including delivery or postal in an environmentally sound way. The costs mentioned shall not exceed the best estimate of the actual costs incurred. charges. No later than ...*, the Commission shall adopt delegated acts, in accordance with Article 20, with respect to a definition of ‘very small volume WEEE’, taking into account the risk of such waste not being separately collected due to its very small size. The obligations in this paragraph shall not apply to micro enterprises operating on a very small surface area. No later than ...*, the Commission shall adopt delegated acts, in accordance with Article 20, with respect to a definition of ‘micro enterprises operating on a very small surface area’. ___________ * Date 12 months after the entry into force of this Directive.
Amendment 123 #
Proposal for a directive
Article 5 - paragraph 2 - point b
Article 5 - paragraph 2 - point b
(b) when supplying a new product, distributors shall be responsible for ensuring that such waste can be returned to the distributor at least free of charge or with some reimbursement paid by the distributor on a one-to-one basis as long as the equipment is of equivalent type and has fulfilled the same functions as the supplied equipment. Member States may depart from this provision provided they ensure that returning the WEEE is not thereby made more difficult for the final holder and provided that these systems remain free of charge for the final holder. Member States making use of this provision shall inform the Commission thereof;
Amendment 128 #
Council position
Article 23 – paragraph 3
Article 23 – paragraph 3
3. The costs of appropriate analyses and inspections, including storage costs, of used EEE suspected to be WEEE may be charged to the producers, to third parties acting on their behalf or to other persons arranging the shipment of used EEE suspectedwhere it is proven to be WEEE.
Amendment 156 #
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 targets for equipment falling under Annex 1 of Directive 20xx/xx/EC (RoHS), in particular for cooling and freezing equipment, and mercury-containing lamps, on the basis of a report of the Commission accompanied by a proposal, if appropriate.
Amendment 165 #
Council position
Annex 6 – paragraph 1 – introductory part
Annex 6 – paragraph 1 – introductory part
1. In order to distinguish between EEE and WEEE, where the holder of the object claims that he intends to ship or is shipping functioning or non-functioning used EEE and not WEEE, Member State authorities shall, in cases of used EEE suspected to be WEEE request the following to back up this claim:
Amendment 166 #
Council position
Annex 6 – paragraph 1 – point a
Annex 6 – paragraph 1 – point a
(a) a copy of the invoice and contract relating to the sale, customs valuation, insurance statements, and a relevant contract, such as warranty, scope of work or after sales service contract, relating to the sale, transfer of holding and/or transfer of ownership of the EEE which states that the equshipment is destined for direct re-use and that it is fully functional; pursuant to the original commercial purpose of the EEE with the aim of: (i) re-use; (ii) repair or refurbishment with the intention of re-use; (iii) return under warranty; or (iv) root cause failure analysis, particularly with regard to medical devices sent under a valid contract or meeting regulatory requirements under Directive 93/42/EC or Directive 98/79/EC, in case such an analysis can only be conducted by the producer or third parties acting on his behalf.
Amendment 167 #
Council position
Annex 6 – paragraph 1 – point b
Annex 6 – paragraph 1 – point b
(b) a description of the level of functionality for each EEE in the shipment based on the evidence of evaluation or testing in the form of a copy of the records (certificate of testing, proof of functionality) on every item within the consignment and a protocol containing all record information according to point 3;
Amendment 169 #
Council position
Annex 6 – paragraph 2
Annex 6 – paragraph 2
Amendment 219 #
Proposal for a directive
Article 14 - paragraph 2 a (new)
Article 14 - paragraph 2 a (new)
2a. Member States shall ensure that the information mentioned in Article 14(2) is given in a visible way, by clear indication on the product, in a separate instruction attached to a product or in an outlet available to the consumer at the point of purchase.