New WEEE Directive n° 2012/19/EUThe Recast of the WEEE Directive on Waste Electrical and Electronic Equipment was published in the Official Journal of European Union on 24 July 2012. It entered into force on 13 August 2012 and shall be transposed into national laws by 14 February 2014.
The main changes entailed by this Recast are summarized below.
Generally speaking, the scope has been extended to all EEE with the exception of the explicitly mentioned exclusions in the WEEE Recast.
There are 2 lists of categories of products covered by the WEEE Recast:
1. The present 10 categories, with the inclusion of photovoltaic panels, which are covered from 13/08/2012 to 14/08/2018 (transitional period),
2. 6 categories (open scope), which will be covered from 15 August 2018.
The 10 categories have been compiled into 6 categories as follows (Annex III of the WEEE Recast):
1. Temperature exchange equipment
2. Screens, monitors, and equipment containing screens having a surface greater than 100 cm 2
4 Large equipment (any external dimension more than 50 cm)
5. Small equipment (no external dimension more than 50 cm)
6. Small IT and telecommunication equipment (no external dimension more than 50 cm)
For the purpose of clarification, the WEEE Recast explicitly mentions and defines exclusions e.g. large-scale fixed installation, large-scale stationary industrial tools; some types of medical devices or in vitro diagnostic medical devices.
Amongst other already known criteria, the WEEE Recast newly defines producer, with reference to the legal base of a company, as natural or legal person
- established in the same Member State in which the product is placed on the market,
- established in another Member State or in a third country, when selling by means of distance communication directly to end-users, irrespective of whether B2C or B2B.
The WEEE Recast allows any producer established in a Member State to appoint an authorised representative to register in another Member State where the producer is not established and to fulfill the obligations of the latter.
From 2016, Member States will be required to collect 45% of the average weight of EEE placed on the market. These targets will then increase further in 2019 to a rate of 65% of the average weight of EEE placed on the market in the three preceding years or of 85% of WEEE generated on the territory of that Member State.
Producers shall meet the following minimum recovery targets set out in Annex V of the WEEE Recast:
Shipments of WEEE
WEEE exporters will have to prove that treatment of WEEE outside the EU takes place in conditions equivalent to those required by the WEEE Recast.
Minimum requirements for shipments
The holder of used EEE who intends to ship used EEE shall have available documentation showing EEE is not WEEE (Annex VI of the WEEE Recast).
Requirements for distributors
Distributors of EEE, who have a retail shop space of at least 400 m2, are obliged to provide facilities for customers to return small WEEE (smaller than 25 cm) free of charge, or show that an alternative system is as effective.
Under the requirements regarding selective and proper treatment of components of WEEE, the WEEE Recast specifies that ozone-depleting gases shall be treated in accordance with the latest Regulation (EC) n° 1005/2009 on substances that deplete the ozone layer.
For more details, please view the full text of Directive 2012/19/EU (Published in OJEU of 24 July 2012) at:
Directive 2002/96/EC shall be repealed on 15 February 2014.
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