25 Amendments of Corinne LEPAGE related to 2008/0241(COD)
Amendment 42 #
Proposal for a directive
Recital 7
Recital 7
(7) The purpose of this Directive is, to contribute to sustainable production and consumption by as a first priority, the prevention of waste electrical and electronic equipment (WEEE), and in addition, the reuse, recycling and other forms of recovery of such wastes so as to reduce the disposal of waste and contribute to the efficient use of resources and the retrieval of strategic raw materials. It also seeks to improve the environmental performance of all operators involved in the life cycle of electrical and electronic equipment, e.g. producers, distributors and consumers and in particular those operators directly involved in the collection and treatment of waste electrical and electronic equipment. .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 Community level.
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 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 121 #
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 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. Distributors with a surface area of more than 1500m2 shall be responsible for ensuring that consumers can return WEEE to the distributor at least free of charge, and shall have dedicated waterproof collection and storage places. 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 124 #
Proposal for a directive
Article 5 - paragraph 3 a (new)
Article 5 - paragraph 3 a (new)
3a. By 2013, Member States shall implement a WEEE collection improvement plan to increase WEEE collection for all WEEE categories from households, and improve the effectiveness of collection schemes. The collection improvement plan shall enable, as a strict minimum, to reach the collection rate as set in Art 7. The collection improvement plan shall be reviewed on a 3 years basis and regular reports shall be made available to the Commission. This improvement plan should integrate regular studies to assess collection schemes, EEE made available, and the WEEE arising potential at Member State level.
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 162 #
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 pursue the development of harmonised standards for the collection, treatment and recycling of WEEE, which should be available by 12 months after the entry in to force of this Directive, in particular by tasking the European Committee for Standardisation accordingly. These standards shall include methods for evaluation of products end of life characteristics, as required by Art 4, inter alia easiness of dismantling, retrieval of scarce strategic resources, recyclability and reduction of hazardous substance emissions.
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 168 #
Proposal for a directive
Article 9 - paragraph 1
Article 9 - paragraph 1
1. Member States shall ensure that any establishment or undertaking carrying out treatment operations is subject to registration and obtains a permit from the competent authorities, in compliance with Article 23 of Directive 2008/xx/EC on waste. Transactions with non registered and not permitted establishments shall be prohibited.
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 189 #
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 and effectively reused, recycled or recovered.
Amendment 193 #
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 used EEE, WEEE, their components, materials or substances when entering (input) and leaving (output) the treatment or recycling facility and/or when entering (input) the recovery or recycling facility.
Amendment 195 #
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 (from retailers, consumers and producers, but not from taxpayers) 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 operators obliged by law to act as collection points shall hand over all the WEEE collected to producers or 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.
Amendment 205 #
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. Collective schemes shall introduce differentiated fees for producers based on how easily products and the strategic materials they contain can be recycled.
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 240 #
Proposal for a directive
Article 20 - paragraph 1 - subparagraph 2
Article 20 - paragraph 1 - subparagraph 2
Those inspections shall at least cover exports of WEEE outside the Community in accordance with the Waste Shipment Regulation and the operations at treatment facilities in accordance with Directive 2008/xx/EC on waste and Annex II of this Directive. In order to allow a harmonised approach to compliance with the financial guarantee requirements as established in Article 12, the Commission shall, no later than 12 months after the entry into force of this directive, 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 leads to internalisation of the real end-of-life costs of a producer’s product, taking into account the treatment and recycling standards, b) the costs related to a producer’s obligations do not fall on other actors, now or in the future, c) the guarantee will be available in the future and can be used to resolve the outstanding recycling obligation of a producer in case of insolvency.
Amendment 249 #
Proposal for a directive
Article 21 - paragraph 1 - subparagraph 1
Article 21 - paragraph 1 - subparagraph 1
1. Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with Articles 2, 3, 5, 6, 7, 11, 14, 16, 19, 20 and Annex I by at the latest [18 months after the day of this Directive's publication in the Official Journal of the European Union]. They shall forthwith communicate to the Commission the text of those provisions and a correlation table between those provisions and this Directive. Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with Article 12(2)of this Directive so that that each producer only finances the operations relating to the waste from his own products placed on the market later than 13 August 2005, and that the appropriate financial guarantees, as required by Article 12(2)of this Directive, are provided.