EU32005D0369Enacted

COMMISSION DECISION of 3 May 2005 laying down rules for monitoring compliance of Member States and establishing data formats for the purposes of Directive 2002/96/EC of the European Parliament and of the Council on waste electrical and electronic equipment (notified under document number C(2005) 1355) (2005/369/EC)

Jurisdiction:: European Union
Type:: EPR · Labeling · Other
Last action:: Jan 1, 2005

Electronics

Next steps for producers

Confirm your obligations with National WEEE Registers (EU) and track its implementing rules

Obligations under this law

·Report WEEE data using the standardized data formats set out in Table 1 of the Annex (quantities put on market, collected from private households, collected from other sources, total collected, treated in Member State, treated in another Member State, treated outside the EC) — all in tonnes by product category
·Demonstrate compliance with recovery, reuse and recycling rate targets using Table 2 of the Annex, reporting recovery weight and rate, reuse and recycling weight and rate, and WEEE reused as whole appliance by product category
·When transmitting Tables 1 and 2 to the Commission, provide a detailed description of how data were compiled, including explanation of any estimates and methodology used

No designated program action is recorded for this measure yet — treat the above as the general obligation and verify against the source text.

Commission Decision establishing monitoring rules and data formats to enforce WEEE Directive 2002/96/EC, which is a foundational EU EPR framework for electrical and electronic equipment; advances compliance infrastructure and transparency mechanisms for the EPR program.

Covered Products

·Large household appliances
·Small household appliances
·IT and telecommunications equipment
·Consumer equipment
·Lighting equipment (including gas discharge lamps)
·Electrical and electronic tools
·Toys, leisure and sports equipment
·Medical devices
·Monitor and control instruments
·Automatic dispensers

Producer Obligations

·Report WEEE data using the standardized data formats set out in Table 1 of the Annex (quantities put on market, collected from private households, collected from other sources, total collected, treated in Member State, treated in another Member State, treated outside the EC) — all in tonnes by product category
·Demonstrate compliance with recovery, reuse and recycling rate targets using Table 2 of the Annex, reporting recovery weight and rate, reuse and recycling weight and rate, and WEEE reused as whole appliance by product category
·When transmitting Tables 1 and 2 to the Commission, provide a detailed description of how data were compiled, including explanation of any estimates and methodology used
·Only the Member State that collected and exported WEEE may count exported quantities toward Article 7(2) targets; producers/systems must ensure traceability of collected and exported WEEE
·Determine whether documentary evidence additional to the proof required under Article 6(5) second subparagraph of Directive 2002/96/EC is necessary when WEEE is exported for treatment in third countries or sent to another Member State

Exemptions

·Gas discharge lamps (category 5a) are exempt from mandatory reporting of reuse and recycling rate data in Table 2 (marked n/a)
·Grey-shaded boxes in Table 2 need only be reported on a voluntary basis
·Member States may use estimates for average percentage of reused, recycled and recovered materials (metals, glass, plastics) and components when completing Table 2

Key Deadlines

—reporting: Periodic reporting to the Commission using Table 1 and Table 2 data formats as required by Article 12(1) of Directive 2002/96/EC; specific reporting intervals governed by that Directive

Enforcement

European Commission (monitoring compliance of Member States); national competent authorities at Member State level:

Tracking dates like these across a whole portfolio of jurisdictions is what Upcoming Deadlines does.

View Source ↗

Full bill text

11.5.2005

Official Journal of the European Union

L 119/13

COMMISSION DECISION

of 3 May 2005

laying down rules for monitoring compliance of Member States and establishing data formats for the purposes of Directive 2002/96/EC of the European Parliament and of the Council on waste electrical and electronic equipment
(notified under document number C(2005) 1355)
(2005/369/EC)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Directive 2002/96/EC of the European Parliament and of the Council of 27 January 2003 on waste electrical and electronic equipment (WEEE) ( 1 ) , and in particular the second subparagraph of Article 7(3) and the third subparagraph of Article 12(1) thereof,

Whereas:

(1)

In order to make the data produced by Member States comparable, the mode of calculating compliance with the targets in Article 7(2) of Directive 2002/96/EC should be harmonised, in terms of presentation.

(2)

Balancing the risks of inaccuracies against the administrative burden of achieving precise information, Member States should be allowed to use estimates when determining the amount of materials and components of waste electrical and electronic equipment which is recovered, reused or recycled.

(3)

Pursuant to Article 6(5) of Directive 2002/96/EC the treatment operation may also be undertaken outside the respective Member State or the Community, provided that the shipment of waste is in compliance with Council Regulation (EEC) No 259/93 of 1 February 1993 on the supervision and control of shipments of waste within, into and out of the European Community ( 2 ) . Member States sending waste electrical and electronic equipment for treatment in other Member States or exporting such waste for treatment in third countries should be allowed to count the exported amount towards the targets set out in Article 7(2) of Directive 2002/96/EC on condition that the waste was collected by the exporting Member State.

(4)

The measures provided for in this Decision are in accordance with the opinion of the Committee established by Article 18 of Council Directive 75/442/EEC ( 3 ) ,

HAS ADOPTED THIS DECISION:

Article 1
Member States shall report the information required in Article 12(1) of Directive 2002/96/EC using the data formats set out in Table 1 of the Annex to this Decision.

Article 2

1. Member States shall demonstrate compliance with the recovery, reuse and recycling rates set out in Article 7(2) of Directive 2002/96/EC by completing Table 2 set out in the Annex to this Decision.
When completing that table, Member States may use an estimate as to the average percentage of reused, recycled and recovered materials, such as metals, glass and plastics, and components of waste electrical and electronic equipment.

2. Where waste electrical and electronic equipment is exported for treatment in a third country, or is sent for treatment in another Member State in accordance with Article 6(5) of Directive 2002/96/EC, only the Member State which has collected and exported that waste equipment may count it towards the targets set out in Article 7(2) of that Directive.

3. Member States shall determine whether documentary evidence additional to the proof required under the second subparagraph of Article 6(5) of Directive 2002/96/EC is necessary.

Article 3
When transmitting Tables 1 and 2 of the Annex to the Commission, Member States shall provide the Commission with a detailed description of how the data have been compiled, and shall give an explanation of estimates and methodology used.

Article 4
This Decision is addressed to the Member States.

Done at Brussels, 3 May 2005.

For the Commission

Stavros DIMAS

Member of the Commission

( 1 )
OJ L 37, 13.2.2003, p. 24 . Directive as amended by Directive 2003/108/EC ( OJ L 345, 31.12.2003, p. 106 ).

( 2 )
OJ L 30, 6.2.1993, p. 1 . Regulation as last amended by Commission Regulation (EC) No 2557/2001 OJ L 349, 31.12.2001, p. 1 ).

( 3 )
OJ L 194, 25.7.1975, p. 39 . Directive as last amended by Regulation (EC) No 1882/2003 of the European Parliament and of the Council ( OJ L 284, 31.10.2003, p. 1 ).

ANNEX
Table 1
Waste electrical and electronic equipment (WEEE) collected and exported (Articles 5 and 12 of Directive 2002/96/EC)

Column number

Product category

Put on the market

Collected from private households

Collected other than from private households

Total WEEE collected

Treated in the Member State

Treated in another Member State

Treated outside the EC

Total weight ( 1 )

tonnes

Total weight
tonnes

Large household appliances

Small household appliances

IT and telecommunications equipment

Consumer equipment

Lighting equipment

5a.

Gas discharge lamps

Electrical and electronic tools

Toys, leisure and sports equipment

Medical devices

Monitor and control instruments

10.

Automatic dispensers

Table 2
Recovery, recycling and reuse, targets (Article 7(2) of Directive 2002/96/EC)

Column number

Product category

Recovery

Recovery rate

Reuse and recycling

Reuse and recycling rate

WEEE reused as whole appliance

Total weight ( 2 )