High intensity discharge lamps by e9jiKe3G

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									                     COUNCIL OF                           Brussels, 25 May 2001
             THE EUROPEAN UNION


                                                          9075/01
          Interinstitutional File:
            2000/0158 (COD)
            2000/0159 (COD)                               LIMITE

                                                          ENV 247
                                                          CODEC 456



REPORT
from :             Working Party on the Environment
to :               COREPER/Council
No. prev. doc. :   14893/00 ENV 494 ENV 1071
No. Cion prop. :   10802/00 ENV 268 CODEC 602 COM(2000) 347 final
Subject :          – Proposal for a Directive of the European Parliament and of the Council on
                       waste electrical and electronic equipment (WEEE)
                   – Proposal for a Directive of the European Parliament and of the Council on the
                       restriction of the use of certain hazardous substances in electrical and
                       electronic equipment (RoHS)
                    common position



I.   INTRODUCTION


     The Council, during its debates on the above-mentioned subject at its 18/19 December 2000
     meeting, reached agreement on a substantial number of issues and in particular on some of the
     most problematic ones.


     The European Parliament adopted its Opinion at first reading on 15 May 2001 and agreed to
     more than 100 amendments to the Commission proposals.




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                                               DG I                                          EN
     The Working Party on the Environment, which in the meantime had resumed proceedings in
     January 2001, examined all of these amendments and integrated the uncontroversial ones into
     the attached draft . It also solved a series of outstanding issues which could not be dealt with
     in December, mainly concerning the Annexes of the WEEE Directive and exemptions for
     applications of some substances contained in products from the phasing out of the Annex to
     the RoHS Directive.


     However, there are still a number of unresolved issues which mainly relate to:


     A.    matters which were discussed in December but could not be resolved because of
           particular difficulties arising for some Member States:


                 postponing the issue of a possible merge until the EP's Opinion became available
                  (see also the second indent of item B hereafter "dynamics"), and
                 deadlines for reaching the collection and recovery targets.


     B.    other points:


                 for the WEEE Directive,
                        some of the aspects linked to financing (Article 7),
                        scope (Article 2 and Annex IB),
                        separate collection (Article 4),
                        treatment of collected waste (Article 5(1) and Annex II);
                 for the RoHS Directive,
                        introducing dynamics in the absence of a merge (preamble/Articles),
                        exemptions from the phase-out requirement for certain products containing
                         hazardous substances in its Annex (Article 4(1) and Annex).





     New Presidency compromise suggestions have been underlined - on these texts, all delegations/Cion: scrutiny
     reservation.


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                                                     DG I                                                    EN
II.   OUTSTANDING ISSUES


      A.   Discussed by December Council but on which no agreement was reached


           1.    Merger


                 Given the fact that the European Parliament has not adopted an amendment to
                 merge both Directives, the Presidency has questioned delegations about their
                 views on this point again.


                 Five delegations (I/DK/A/P/L/S) explicitly confirmed being in favour of a merge.


                 Two delegations (E/EL) maintained their scrutiny reservation.


                 Four delegations (UK/D/IRL and NL, at least at this stage) and the Commission
                 indicated they were not in favour.


                 Three other delegations did not take a clear stance on this issue.


                 Following this result and after having heard the Council Legal Service's and
                 delegations' reactions on a possible solution for those Member States which have
                 more protective measures in force than those foreseen in the RoHS Directive ,
                 the Presidency suggests that Member States should be given a time span in
                 order to be able to keep them in force. Article 4(1) would therefore read:
                 "By 1 January 2006 at the latest, Member States shall ensure ...".


                 A number of delegations (B/DK/S/A) and the Commission supported this
                 wording, other delegations entered positive scrutiny reservations (UK/E) or
                 scrutiny reservations (e.g. D/F).





      On this issue, DK/F have asked the Council Legal Service to provide a written opinion.

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                                                DG I                                            EN
          2.   Deadlines


               At the December Council several suggestions for compromise texts could not be
               agreed upon, also due to the fact that some Member States were still examining
               their national possibilities for putting the infrastructure in place in order to reach
               the targets provided for. In the meantime, the situation has evolved and
               negotiations have lead the Presidency to suggest a compromise which tries also
               to take as much account as possible of the EP's Opinion as follows:


               (i)    in Article 4(1) (setting up of the separation collection facilities):
                      30 months;
               (ii)   in Article 4(4), first subparagraph (for reaching the collection target):
                      36 months;
               (iii) in Article 6(2) (for reaching recovery/recycling targets):
                      36 months;
               (iv) in Articles 7 and 8 (setting up of financing systems):
                      30 months.


               Moreover, in order to try to meet the need expressed by several delegations to
               have longer periods for reaching collection/recovery targets, the Presidency
               suggests adding the following clause:


               (v)    in Article 15(5) (extending period for 12 and 24 months respectively):


                      "5.   Those Member States which, due to their recycling infrastructure
                            deficit, geographical circumstances - such as the large number of
                            small islands and the presence of rural and mountain areas - low
                            population density, or the low level of EEE consumption, are
                            unable to reach either the collection target mentioned in
                            Article 4(4) first subparagraph or the recovery targets mentioned
                            in Article 6(2) and which, under Article 5(2) third subparagraph
                            of Directive 1999/31/EC on the landfill of waste may apply for an
                            extension of the deadline mentioned in that Article, may extend
                            the period referred to in Articles 4(4) and 6(2) by up to 12 months.
                            Member States intending to make use of this provision shall
                            inform in advance the Commission of their decision.



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                                               DG I                                              EN
                        These Member States may, on the basis of the same criteria
                        mentioned in the former subparagraph, be granted an additional
                        extension to the one mentioned in the former subparagraph by the
                        Commission of a maximum of 24 months, if these Member States:

                            demonstrate that all reasonable measures have been taken to
                             comply with the maximum collection rate and targets, and
                            outline the future developments with regard to the measures
                             which they will take according to Articles 4(4) and 6(2).

                        The Commission shall inform other Member States and the
                        European Parliament of these decisions.".

          Delegations' reactions to this compromise are as follows:
              most delegations can support point i) to iv).
              on i) and iv): DK/NL ask for 18 months whereas D prefers 36 months; E
               tabled a positive scrutiny reservation on i).
              on ii) and iii): P/EL/IRL/UK maintain scrutiny reservations (pending overall
               solution on timetable).
              on v):
               a number of delegations can generally endorse the clause as it stands (e.g.
               S/NL/E/UK); FIN/DK maintain their view that a priori extensions should
               not be granted. Other delegations are of the opinion that, to be entirely
               clear, those Member States in need of extra time should be explicitly named
               (A/D/F). This could be acceptable to DK/EL, but IRL is opposed. Certain
               delegations (e.g. P/FIN/I) still have a scrutiny reservation.


               Concerning in particular the deadlines, IRL/EL would like the periods to be
               longer; to this extent IRL indicated it might help to inverse the periods, i.e.
               to have an initial period of two years and a second one of one year.
               DK/A indicated that the second period of 24 months was too long and D
               suggested that if the periods in the respective Articles (cf. subparagraphs i)
               to iv)) were longer maybe there might not be a need for extensions.




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                                         DG I                                              EN
                     Furthermore, UK asked that Article 5(1) - which as currently drafted does
                     not refer to a specific date - also be brought in line with Articles 4(1) and 7
                     which would result in applying it 30 months after entry into force of the
                     Directive. This would enable Member States to require producers to pay for
                     treatment at the time of the setting-up of infrastructure for collection and
                     financing. The Commission, although open to this request, indicated this
                     did not seem necessary.


     B.   Other points


          WEEE Directive


          1.   Financing aspects (Article 7)


               (a)   A number of delegations have raised the problem of how to finance "orphan
                     products" (from producers no longer on the market) or products coming
                     from producers which can no longer be identified at the time when costs
                     occur (both in the hypothesis of "historical waste" and "new" waste). The
                     Working Party already examined some suggestions in this context.
                     However, the Presidency now suggests adding a separate new
                     paragraph 3a as follows:


                     "3a. The management of WEEE coming from producers that are not
                             longer present on the market or which can no longer be identified
                             at the time when the costs occur shall also be financed by
                             producers, and Member States may provide that it is financed in
                             accordance with paragraph 3.".


                     All delegations and the Commission have a scrutiny reservation on this new
                     text.




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                                               DG I                                             EN
               (b)   Regarding the "historical waste" for which a compromise solution was
                     discussed in December (Article 7(3)), D has asked that the term
                     "proportionately" be clarified by way of an example and therefore asks for
                     the addition of "... e.g. limited up to the mass of EEE they bring on the
                     market each year". A could support this addition, while UK/DK/Cion
                     expressed concerns. Other delegations tabled scrutiny reservations (B/E/F).


                     The Presidency suggests keeping texts as they currently stand.


          2.   Scope (Article 2 and Annex IB)


               (a)   Article 2


                     With the aim of exempting small manufacturers from producers'
                     responsibility under Articles 7 and 8, UK, supported by EL, asked that a
                     clause be added in Article 2 for which it may present an appropriate text at a
                     later stage. A number of delegations (D/A/DK/F/FIN) and the Commission
                     were opposed to this idea, arguing that it would go against one of the basic
                     principles - i.e. of producer responsibility - of the Directive.


                     The Presidency suggests keeping the text as it currently stands.


               (b)   Annex IB


                     Outstanding requests concern:
                          category 5 and particularly
                                luminaires for fluorescent lamps (cf. footnote 17), and
                                filament bulbs (cf. footnote 18),
                           where several delegations have reservations on their inclusion, while
                           other delegations and the Commission oppose deletion.




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                                              DG I                                               EN
                          the insertion of photovoltaic panels - at D's request - either already
                           now in an appropriate category in Annex IB or at a later stage by
                           means of a review.


                     At this stage, the Presidency
                          has maintained the concerned lighting equipment in category 5,
                           and
                          suggests the possible addition of photovoltaic panels at a later
                           stage by means of a review clause (see Article 13) because of
                           lacking information on their recovery/recycling potential.


          3.   Separate collection (Article 4(1)(b))


               D had already asked at the December Council for more flexibility concerning
               distributors' responsibility for the free return of WEEEs. This delegation now
               suggests taking account of EP Amendment 35 which gives Member States the
               option to arrange for other measures, provided free return is guaranteed and that
               such measures do not create more difficulties for the final holder.


               Delegations' reactions (FIN/F/E/NL/B/UK/I) were negative regarding the EP text
               because it is too open-ended.


               The Presidency suggests as a compromise to amend the last sentence of
               Article 4(1)(b) as follows:
               "distributors may do so by means of alternative arrangements, such as by
               accepting the waste at the point of purchase or delivery or by means of
               equivalent arrangements with third parties acting on their behalf, provided
               that returning WEEE remains free of charge and is not made more difficult
               for the final holder;".




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                                               DG I                                             EN
          4.   Treatment of collected waste (Article 5(1) and Annex II)


               (a)   Article 5(1)


                     FIN has asked for an addition to Article 5(1) to avoid situations where
                     operators, by being required to remove different parts of waste (as provided
                     for under Annex II), are unable to apply other treatment technology which
                     would guarantee at least the same impact on the environment.


                     On this request, D/DK/F/A/UK reacted negatively because, according to
                     these delegations, this would render the whole of Annex II optional. DK
                     proposed the idea of maybe considering this in the context of the review
                     clause.


                     The Presidency suggests, as a compromise, adding the following to
                     Article 13:


                     "Any amendments which are necessary in order to adapt ... Annex II
                     (in particular taking into account new technical developments for the
                     treatment of WEEE), ...".


               (b)   Annex II


                     DK/FIN have outstanding requests for additions to Annex II (footnotes 19
                     and 21). DK would like to add "electrolyte capacitors", "flame retardants"
                     and "plastics". FIN asks for the addition of a clause (inspired by EP
                     Amd. 73) ensuring that different methods of treatment of WEEE than those
                     foreseen by the Annex shall ensure that the environment is not affected; DK
                     has proposed that such a clause be inserted in the review clause of
                     Article 13.


                     At this stage, the Presidency suggests keeping the Annex as it stands.




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                                             DG I                                              EN
          RoHS Directive


          5.   Introduction of "dynamics"


               S, supported by DK, has asked that, if the two Directives are kept separate, more
               "dynamics" be introduced in the RoHS Directive to take account of the
               precautionary principle, to enable a rapid adaptation to new scientific knowledge,
               to take into consideration the new chemicals policy currently being discussed, and
               to give more impetus to the development of substitutes for hazardous substances.


               To this effect, DK, supported by S, suggests:


               (a)   introducing a recital on the precautionary principle (as drafted in
                     footnote 22);
               (b)   adding some wording to Article 5(1)(c) (adaptation to scientific and
                     technical progress) to carry out a review of each exemption at regular
                     intervals with the aim of deleting them in the Annex;
               (c)   changing the wording of Article 6 (Review) in a sense that the Commission
                     proposal contains provisions to add substances to Article 4(1) on the basis
                     of scientific evidence and the precautionary principle;


               on (a): support was given by UK, subject to some adaptation of the text, and D,
               which entered a positive scrutiny reservation.
               on (b): UK indicated it could support under the proviso of slight changes to the
               text; F could consider it in the context of a global compromise; E tabled a scrutiny
               reservation.


               At this stage, the Presidency maintains texts as they stand.




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                                             DG I                                             EN
          6.   Exemptions from the phase-out requirement (Article 4(1) and the Annex)


               (a)   Date in Article 4(1)


                     Following various requests to change the date proposed by the Commission
                     (1 January 2008) for requiring substitution of hazardous substances, the
                     Presidency suggests bringing it forward to 1 January 2006 (this is also
                     in line with EP Amds 10 and 22). However, a number of delegations
                     request that it be brought forward even more (DK: 2004; S: at this
                     stage 2005), or ask to return to the date proposed by the Commission (D/UK
                     also preferred by P). One delegation asks that it be fixed at 1 January 2010
                     (IRL). Some delegations (F/S) indicated their willingness to accept 2006 in
                     the context of a satisfactory global compromise. FIN maintained a scrutiny
                     reservation.


               (b)   Annex


                     The Annex to the RoHS Directive is still subject to a series of outstanding
                     reservations. The applications for
                          mercury in straight fluorescent lamps,
                          lead (particularly in light bulbs and solders),
                          Octa BDE and Deca BDE for use as flame retardants
                     have raised particular difficulties for a number of delegations.


                     To try to settle these concerns, the Presidency suggests that all of the
                     most contentious applications be the subject of a rapid evaluation
                     procedure through comitology.




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                                              DG I                                           EN
     C.    Other outstanding issues


           These essentially concern requests made regarding the WEEE proposal in
                Article 3(i) for an addition similar to that in the End-of-life Vehicles Directive
                 (UK),
                Article 4(1) second subparagraph for a clause relating to systems to handle waste
                 (D),
                Article 4(4) first subparagraph to add criteria (as in Article 15(5)) to the collection
                 target (IRL).


                                                  º


                                             º          º


The Permanent Representatives Committee is invited to examine texts in view of their transmission
to Council to enable the adoption of a common position.




                                     _____________________




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                                                 DG I                                             EN
                                                                                              ANNEX A


             Proposal for a Directive of the European Parliament and of the Council
                                                                              1
                             on waste electrical and electronic equipment


                                                Article 1
                                                Objectives


The purpose of this Directive is, 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. 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
treatment of waste electrical and electronic equipment.


                                                Article 2
                                                  Scope


1.    This Directive shall apply to electrical and electronic equipment falling under the categories
      set out in Annex IA provided that the equipment concerned is not part of another type of
      equipment that does not fall within the scope of this Directive. Annex IB contains a list of
      products which fall under the categories set out in Annex IA.




1
      DK: parliamentary scrutiny reservation.
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ANNEX A                                           DG I                                              EN
2.    This Directive shall apply without prejudice to Community legislation on safety and health
      requirements and specific Community waste management legislation.


3.    Equipment which is connected with the protection of the essential interests of the security of
      Member States, arms, munitions and war material shall be excluded from this Directive. This
      does however not apply to products which are not intended for specifically military purposes.


2


                                                      Article 3
                                                     Definitions


For the purposes of this Directive, the following definitions shall apply:


(a)   "electrical and electronic equipment" 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 IA and designed for use with a voltage rating not exceeding 1000 Volt for alternating
      current and 1500 Volt for direct current;


(b)   "waste electrical and electronic equipment" or "WEEE" means electrical or electronic
      equipment which is waste within the meaning of Article 1(a) of Directive 75/442/EEC,
      including all components, sub-assemblies and consumables, which are part of the product at
      the time of discarding;




2
      UK, supported by EL, asks that a provision be added to exempt small manufacturers from the producer
      responsibility requirements of Articles 7 and 8 of this Directive and said it would present a text in this context;
      on the principle of this request: D/A/DK/F/FIN/Cion: opposed (e.g. for reasons of environmental protection, e.g.
      eco-design, competition, administrative problems).
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ANNEX A                                                  DG I                                                      EN
(c)   "prevention" means measures aimed at reducing the quantity and the harmfulness to the
      environment of WEEE and materials and substances contained therein;


(d)   "re-use" means any operation by which WEEE or components thereof are used for the same
      purpose for which they were conceived, including the continued use of the equipment or
      components thereof which are returned to collection points, distributors, recyclers or
      manufacturers;


(e)   "recycling" means the reprocessing in a production process of the waste materials for the
      original purpose or for other purposes, but excluding energy recovery which means the use of
      combustible waste as a means of generating energy through direct incineration with or
      without other waste but with recovery of the heat;


(f)   ["energy recovery" transferred to (e)]


(g)   "recovery" means any of the applicable operations provided for in Annex IIB to
      Directive 75/442/EEC;


(h)   "disposal" means any of the applicable operations provided for in Annex IIA to
      Directive 75/442/EEC;


(i)   "treatment" means any activity after the WEEE has been handed over to a facility for
      depollution, disassembly, shredding, recovery or preparation for disposal 3and any other
      operation carried out for the recovery and/or the disposal of the WEEE;




3
      UK would prefer to add "of the shredded waste" (cf. ELV text); D/DK: opposed until examination of its impact;
      Cion: against this addition; E asks UK to submit an explanatory note on this request so that the Council Legal
      Service can react.
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ANNEX A                                                DG I                                                    EN
(j)   "producer" means any person who, irrespective of the selling technique used, including by
      means of distance communication according to the European Parliament and Council
      Directive on the protection of consumers in respect of distance contracts (97/7/EC):


       manufactures and sells electrical and electronic equipment under his own brand,


       (i)      resells under his own brand equipment produced by other suppliers, or


       (ii)     imports or exports electrical and electronic equipment on a professional basis into a
                Member State;


(k)   "distributor" means any person who provides electrical or electronic equipment on a
      commercial basis to the party who is going to use it;


(l)   "WEEE from private households" means WEEE which comes from private households and
      from commercial, industrial, institutional and other sources which, because of its nature and
      quantity, is similar to that from private households;


(m) "dangerous substance or preparation" means any substance or preparation which has to be
      considered dangerous under Council Directive 67/548/EEC  or Directive 1999/45/EC of the
      European Parliament and of the Council .





      OJ L 144, 4.6.1997.

      OJ L 196, 16.8.1967, p. 1.

      OJ L 200, 30.7.1999, p. 1.
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ANNEX A                                          DG I                                            EN
                                                    Article 4
                                             Separate collection


1.   For WEEE from private households, Member States shall ensure that thirty 4 months after the
     entry into force of this Directive


     (a)    systems are set up allowing final holders and distributors to return such waste at least
            free of charge. Member States shall ensure the availability and accessibility of the
            necessary collection facilities, taking into account in particular the population density *;


     (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 may do so by means of alternative arrangements, such
            as by accepting the waste at the point of purchase or delivery or by means of equivalent
            arrangements with third parties acting on their behalf, provided that returning WEEE
            remains free of charge and is not made more difficult for the final holder 5;


     Without prejudice to the provisions of (a) and (b), Member States may allow producers to set
     up and operate individual and/or collective take-back systems for their WEEE. 6




4
     F/UK: support; L/I/A/FIN: could accept (provided alignment with Article 7); E: positive scrutiny reservation;
     NL/DK: 18 months; P/IRL: reservation; D: scrutiny reservation (prefers 36 months).
*
     Add the following sentence to recital 12 of the preamble:
     "The provisions of this directive do not restrict the sources of financing available for such collection systems,
     which could include, for example, contributions from distributors and/or producers.".
5
     D asks for more flexibility (for efficiency of collection system) and suggests that text takes account of EP
     Amd. 35 as follows: "Member States may depart from this provision provided they ensure that it is not thereby
     made more difficult for the user to return WEEE and provided that this system remains free of charge to the
     consumer."; FIN/F/E/NL/B/UK/I: against EP text, which is too vague - it should be guaranteed that distributors
     and not the tax-payers pay.
6
     D also asks to insert EP Amd. 36 as follows:
     "Member States shall ensure that the systems to handle the waste may be set up by producers collectively and/or
     individually."
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ANNEX A                                                DG I                                                     EN
     Member States may provide for specific arrangements for the return of WEEE as under (a)
     and (b) if the equipment does not contain the essential components or if the equipment
     contains other waste than WEEE or has been contaminated during use (particularly
     radioactive and biological contaminants).


2.   In the case of WEEE other than WEEE from private households, and without prejudice to
     Article 8, Member States shall ensure that producers or third parties acting on their behalf
     provide for the collection of such waste.


3.   Member States shall ensure that all WEEE collected under paragraphs (1) and (2) above is
     transported to treatment facilities authorised under Article 5 unless the appliances are re-used
     as a whole. Member States shall ensure that the envisaged re-use does not lead to a
     circumvention of the present Directive, in particular as regards Articles 5 and 6 thereof. The
     collection and transport of separately collected WEEE shall be carried out in a way which
     optimises re-use and recycling of those components or whole appliances capable of being
     reused or recycled.


4.   Within thirty-six months of the entry into force of this Directive Member States shall
     endeavour to achieve a minimum rate of separate collection of four kilograms on average per
     inhabitant per year of WEEE from private households 7.


     As soon as it is possible, on the basis of the information required under Article 11, to
     formulate a collection target of WEEE [...], such as a percentage of the amount of electrical
     and electronic equipment sold [...], the European Parliament and the Council, acting on a
     proposal from the Commission and taking account of technical and economic experience in
     the Member States, shall establish such a compulsory target.




7
     P: positive scrutiny reservation; IRL, supported by EL, asks that the following text be added:
     "Member States may in doing so have regard to the geographical circumstances, the population density, and
     recycling infrastructure"; EL asks for 3.5 kg; on this requests: L/D/UK/I/P/E: flexible for Member States having
     specific problems (p.m. cf. Article 15(5)); DK/B: target is not binding.
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ANNEX A                                               DG I                                                     EN
                                                         Article 5
                                                       Treatment


1.   Member States shall ensure that producers or third parties acting on their behalf, either on an
     individual and/or collective basis, in accordance with Community legislation, set up systems
     to provide for the treatment of WEEE. To ensure compliance with Article 4 of Directive
     75/442/EEC, the treatment shall, as a minimum, include the removal of all fluids and a
     selective treatment in accordance with Annex II to the present Directive 8.


     For the purposes of environmental protection, Member States may set up minimum quality
     standards for the treatment of collected WEEE. Member States who opt for such quality
     standards shall inform the Commission thereof who publishes these standards.


2.   Member States shall ensure that any establishment or undertaking carrying out treatment
     operations obtains a permit from the competent authorities, in compliance with Articles 9 and
     10 of Directive 75/442/EEC.


     The derogation from the permit requirement referred to in Article 11(1)(b) of
     Directive 75/442/EEC may apply to recovery operations concerning WEEE if an inspection is
     carried out by the competent authorities before the registration in order to ensure compliance
     with Article 4 of Directive 75/442/EEC.


     The inspection shall verify:


     (a)    the type and quantities of waste to be treated;




8
     FIN asks for the addition of (cf. Amds 37 & 76 modified):
     "... or provide that the impact on the environment will be at least the same by comparison with the selective
     treatment as set out in Annex II.";
     on this request: D/DK/F/A/UK: against, would render Annex II optional; DK: maybe in review clause.
     UK asks to align date of entry into force of this paragraph with Articles 4(1) and 7 (30 months) to enable
     Member States to require producers to pay for treatment at the time of the setting up of infrastructure; Cion: does
     not seem necessary as Member States may anticipate financial responsibility, but open.
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ANNEX A                                                DG I                                                      EN
     (b)    the general technical requirements to be complied with;


     (c)    the safety precautions to be taken.


     The inspection shall be carried out at least once a year and the results shall be communicated
     by the Member States to the Commission.


3.   Member States shall ensure that any establishment or undertaking carrying out treatment
     operations stores and treats WEEE in compliance with the technical requirements set out in
     Annex III.


4.   Member States shall ensure that the permit or the registration referred to in paragraph 2
     includes all conditions necessary for compliance with the requirements of paragraphs 1 and 3
     and for the achievement of the recovery targets set out in Article 6.


5.   The treatment operation may also be undertaken outside the respective Member State or the
     Community provided that the shipment of WEEE is in compliance with Council Regulation
     (EEC) No 259/93 .


     However, Member States may oppose to shipments in compliance with article 4, paragraph 3,
     c) first indent of Council Regulation (EEC) N° 259/93 if the minimum quality standards for
     treatment as laid down in paragraph 1 are not fulfilled.


6.   Member States shall encourage establishments or undertakings which carry out treatment
     operations to introduce certified environmental management systems in accordance with the
     European Parliament and Council Regulation allowing voluntary participation by
     organisations in a Community eco-management and audit system .





     OJ L 30, 6.2.1993, p. 1.

     OJ L 114, 24.4.2001, p. 1.
9075/01                                                                      KC/pc                20
ANNEX A                                           DG I                                           EN
                                                     Article 6
                                                    Recovery 


1.   Member States shall ensure that producers or third parties acting on behalf of them set up
     systems either on an individual or collective basis, in accordance with Community legislation,
     to provide for the recovery of WEEE separately collected in compliance with Article 4.
     Member States shall give priority to the re-use of whole appliances. Until the date referred to
     in paragraph 4, such appliances shall not be taken into account for the calculation of the
     targets set out in paragraph 2.

     9
2.       Regarding WEEE sent to the treatment facilities under Article 5, Member States shall ensure
     that, within thirty-six months of the entry into force of this Directive, producers meet the
     following targets :


     (a)     For WEEE falling under category 1 of Annex I A,
                 the rate of recovery shall be increased to a minimum of 80% by an average weight
                   per appliance, and
                 component, material and substance re-use and recycling shall be increased to a
                   minimum of 75% by an average weight per appliance;

     (b)     For WEEE falling under categories 3 and 4 of Annex IA,
                 the rate of recovery shall be increased to a minimum of 75% by an average weight
                   per appliance, and
                 component, material and substance re-use and recycling shall be increased to a
                   minimum of 65% by an average weight per appliance.





     Add the following recital to the preamble:
     "the Council in its Resolution of 24 February 1997 on a Community strategy for waste management (*) insisted
     on the need for promoting waste recovery with a view to reducing the quantity of waste for disposal and saving
     natural resources, in particular by reuse, recycling, composting and recovering energy from waste and
     recognised that the choice of options in any particular case must have regard to environmental and economic
     effects but that until scientific and technological progress is made and life-cycle analyses are further developed,
     reuse and material recovery should be considered preferable where and insofar as they are the best
     environmental options;
     ________
     (*) OJ C76 of 11.3.97, p. 1."
9
     In general: Cion: scrutiny reservation.
     On targets: could be acceptable for
     D, pending the solution to its request under Article 4(1)(b);
     DK, pending the solution on the timetable and content of Annex II.
     On timetable, EL/IRL/UK: scrutiny reservation; P: reservation (pending overall solution for deadlines - see
     Article 15(5)).
9075/01                                                                                 KC/pc                         21
ANNEX A                                                 DG I                                                      EN
     (c)    For WEEE falling under categories 2, 5, 6, 7, 9 and 10 of Annex I A,
                 the rate of recovery shall be increased to a minimum of 70% by an average weight
                   of the appliances, and
                 component, material and substance re-use and recycling shall be increased to a
                   minimum of 50% by an average weight of the appliances;

     (d)    For gas discharge lamps, the rate of component, material and substance re-use and
            recycling shall reach a minimum of 80% by weight of the lamps.


3.   Member States shall ensure that, for the purpose of calculating these targets, producers or
     third parties acting on behalf of producers 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) the recovery or recycling facility.


     The Commission shall, in accordance with the procedure laid down in Article 14(2), establish
     the detailed rules for monitoring compliance, including specifications for materials, of
     Member States with the targets set out in paragraph 2. The Commission shall submit this
     measure not later than 18 months after the date of entry into force of this Directive.


4.   Five years after the entry into force of this Directive the European Parliament and the
     Council, acting on a proposal from the Commission, shall establish targets for recovery and
     re-use/recycling, including for the re-use of whole appliances as appropriate, and for the
     products falling under category 8 of Annex IA, for the years thereafter.*




*
     Add the following statement to the Council minutes:
     "The Commission states that it shall expeditiously collect the necessary EU wide data do enable category 8 of
     Annex IA to be included in the recovery system as outlined in Article 6(2) of the Directive on WEEE at the latest
     together with its proposal for establishing targets for recovery and re-use/recycling as referred to in Article 6(4)."
9075/01                                                                                  KC/pc                         22
ANNEX A                                                  DG I                                                       EN
                                                     Article 7
                     Financing in respect of WEEE from private households 10


1.   Member States shall ensure that, thirty months 11 after the entry into force of this Directive,
     producers provide at a minimum for the financing of the collection, the treatment, recovery
     and environmentally sound disposal of WEEE from private households deposited at collection
     facilities, set up under Article 4(1), onwards.


2.   The financing referred to in paragraph 1 of the management of WEEE shall be provided by
     means of collective and/or individual systems in accordance with Community legislation.
     There shall be no unjustified differentiation between producers who opt for collective systems
     and those who opt for individual systems. 12


[2a. deleted.]


3.   The responsibility for the financing of the costs of the management of WEEE from products
     put on the market before the entry into force of this Directive ("historical waste") [...] shall be
     provided by one or more systems to which all producers, existing on the market when the
     respective costs occur, contribute proportionately 13.




10
     Cion: scrutiny reservation.
11
     D prefers 36 months; DK/NL ask for and P prefers 18 months.
12
     It was agreed to change recital 17 as follows (cf. EP Amd. 16):
     "Users of electrical and electronic equipment from private households should have the possibility of returning
     WEEE free of charge. Producers should therefore finance collection from collection facilities, and the treatment,
     recovery and disposal of WEEE. Such financing could take into account the actual costs for the handling of a
     product on an individual basis. The responsibility for the financing of the management of historical waste should
     be shared by all existing producers and fulfilled through either individual or collective systems. Collective
     systems should not have the effect of excluding niche and low-volume producers, importers and new entrants.
     The provisions of this Directive do not restrict the sources of contribution available for such financing systems,
     which could include, for example, contributions through a visible fee, provided it is compatible with the internal
     market rules."; on the last nine words of this recital: DK: rather sceptical.
13
     D asks to add "... e.g. limited up to the mass of EEE they bring on the market per year"; on this request: A
     supports; B: positive scrutiny reservation; E/F: scrutiny reservation; UK/DK/Cion: sceptical (current text is
     already compromise).

9075/01                                                                               KC/pc                         23
ANNEX A                                                DG I                                                      EN
3a.   The management of WEEE coming from producers that are not longer present on the market
      or which can no longer be identified at the time when the costs occur shall also be financed by
      producers, and Member States may provide that it is financed in accordance with paragraph 3.


4.    Member States shall ensure that producers supplying electrical or electronic equipment by
      means of distance communication also comply with the requirements set out in this Article for
      the equipment supplied in the Member State where the purchaser of that equipment resides.


                                               Article 8

            Financing in respect of WEEE from users other than private households


Member States shall ensure that, thirty months after the entry into force of this Directive, the
financing of the costs for the collection, treatment, recovery and environmentally sound disposal of
waste from electric and electronic equipment from users other than private households put on the
market after the entry into force of this Directive is to be provided for by producers.


For WEEE from products put on the market before the entry into force of this Directive ("historical
waste"), the financing of the costs of management shall be provided for by producers. Member
States may, as an alternative, provide that users other than private households be also made, partly
or totally, responsible for this financing.


Producers and users other than private households may, without prejudice to the provisions of this
Directive, conclude agreements stipulating other financing modalities.




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ANNEX A                                          DG I                                              EN
                                              Article 9
                                       Information for users


1.   Member States shall ensure that users of electrical and electronic equipment in private
     households are given the necessary information about:


     (a)   the return and collection systems available to them,


     (b)   their role in contributing to re-use, recycling and other forms of recovery of WEEE,


     (c)   the meaning of the symbol shown in Annex IV.


2.   Member States shall adopt the measures necessary to encourage consumers to facilitate, and
     thus participate in the process of collection, treatment and recovery of WEEE.


3.   Member States shall ensure that, 24 months after entry into force of this Directive, with a
     view to achieving a high rate of collection, producers appropriately mark electrical and
     electronic equipment, which might normally be disposed of in rubbish bins or similar means
     of municipal waste collection, and their instructions for use, with the symbol shown in Annex
     IV. In exceptional cases, where this is necessary because of the size or the function of the
     product, the symbol shall be printed on the packaging, on the instructions for use and on the
     warranty of the electrical and electronic equipment.


4.   Member States may require that some or all of the information referred to in paragraphs (1)
     to (3) shall be provided by producers and/or distributors, e.g. in the instructions for use or at
     the point of sale.




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ANNEX A                                          DG I                                              EN
                                              Article 10
                                Information for treatment facilities


Member States shall ensure that producers provide information on the different EEE components
and materials as far as it is needed by treatment facilities in order to comply with the provisions of
this Directive, as well as the location of dangerous substances and preparations in EEE.


                                              Article 11
                                     Information and Reporting


1.    Member States shall provide to the Commission information, including substantiated
      estimates, on an annual basis on the quantities and categories of electrical and electronic
      equipment put on their market, collected and reused, recycled and recovered within the
      Member States, [...] by weight and, if this is not possible, by numbers.


      Member States shall ensure that producers supplying electrical and electronic equipment by
      means of distance communication provide information on the compliance with the
      requirements of Article 7(4) and on the quantities and categories of electrical and electronic
      equipment put on the market of the Member States where the purchaser of that equipment
      resides.


      Member States shall ensure that the information required is transmitted to the Commission
      within four years of the entry into force of the Directive and on a three-yearly basis thereafter.
      The information shall be provided in a format which shall be established within one year after
      the entry into force of this Directive in accordance with the procedure referred to in
      Article 14(2).


      Member States shall provide for adequate information exchange in order to comply with this
      paragraph, in particular for treatment operations as referred to in Article 5(5).




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ANNEX A                                          DG I                                               EN
2.    Without prejudice to the requirements of paragraph 1, Member States shall send a report to
      the Commission on the implementation of this Directive at three-year intervals. The report
      shall be drawn up on the basis of a questionnaire or outline drafted by the Commission in
      accordance with the procedure laid down in Article 6 of Council Directive 91/692/EEC  with
      a view to establishing databases on WEEE and their treatment. The questionnaire or outline
      shall be sent to the Member States six months before the start of the period covered by the
      report. The report shall be made available to the Commission within nine months of the end
      of the three-year period covered by it.


      The first 3 year report shall cover the period beginning three years after the entry into force of
      the Directive.


      The Commission shall publish a report on the implementation of this Directive within nine
      months after receiving the reports from the Member States.


                                 Article 12 [incorporated into Article 11]


                                                    Article 13
                           Adaptation to scientific and technical progress 14


Any amendments which are necessary in order to adapt Article 6(3), Annexes IB, [(in particular
with a view to adding photovoltaic products, i.e. solar panels),] II (in particular taking into account
new technical developments for the treatment of WEEE), III and IV to scientific and technical
progress shall be adopted in accordance with the procedure referred to in Article 14(2).


Before the annexes are amended the Commission shall inter alia consult producers of electrical and
electronic equipment, recyclers, treatment operators and environmental organisations and
employees’ and consumer associations.15





      OJ L 377, 31.12.1991, p. 48.
14
      DK asks that the following text be added to ensure a certain level of environmental protection:
      "The use of new technology shall ensure that the overall impact on the environment is lower than by use of the
      selective treatment methods set out in Annex II." (cf. also EP Amd. 73)
15
      EP Amd. 59.
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ANNEX A                                                DG I                                                     EN
                                              Article 14
                                             Committee


1.    The Commission shall be assisted by the committee instituted by Article 18 of
      Directive 75/442/EEC.


2.    Where reference is made to this paragraph, the regulatory procedure laid down in Article 5 of
      Decision 1999/468/EC shall apply, in compliance with Article 7 and Article 8 thereof. The
      period provided for in Article 5(6) of Decision 1999/468/EC shall be three months.


3.    The Committee shall adopt its rules of procedure.




                                             Article 14a
                                              Penalties


Member States shall determine penalties applicable to breaches of the national provisions adopted
pursuant to this Directive. The penalties thus provided for shall be effective, proportionate and
dissuasive.


                                              Article 15
                                           Transposition


1.    Member States shall bring into force the law, regulations and administrative provisions
      necessary to comply with this Directive within eighteen months after the entry into force of
      this Directive. They shall immediately inform the Commission thereof.




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ANNEX A                                         DG I                                                EN
2.   When Member States adopt those provisions, they shall contain a reference to this Directive
     or be accompanied by such a reference on the occasion of their official publication. Member
     States shall determine how such reference is to be made.


3.   Member States shall communicate to the Commission the text of all existing laws, regulations
     and administrative provisions adopted in the field covered by this Directive.


4.   Provided that the objectives set out in this Directive are achieved, Member States may transpose
     the provisions set out in Articles 5(6), 9(1) and 10 by means of agreements between the
     competent authorities and the economic sectors concerned. Such agreements shall meet the
     following requirements:
     (a)   agreements shall be enforceable;
     (b)   agreements need to specify objectives with the corresponding deadlines;
     (c)   agreements shall be published in the national official journal or an official document
           equally accessible to the public and transmitted to the Commission;
     (d)   the results achieved shall be monitored regularly, reported to the competent authorities and
           the Commission and made available to the public under the conditions set out in the
           agreement;
     (e)   the competent authorities shall make provisions to examine the progress reached under the
           agreement;
     (f)   in case of non-compliance with the agreement Member States must implement the relevant
           provisions of this Directive by legislative, regulatory or administrative measures.




9075/01                                                                     KC/pc                    29
ANNEX A                                         DG I                                                EN
     16
5.        Those Member States which, due to their recycling infrastructure deficit, geographical
     circumstances - such as the large number of small islands and the presence of rural and
     mountain areas - low population density, or the low level of EEE consumption, are unable to
     reach either the collection target mentioned in Article 4(4) first subparagraph or the recovery
     targets mentioned in Article 6(2) and which, under Article 5(2) third subparagraph of
     Directive 1999/31/EC on the landfill of waste may apply for an extension of the deadline
     mentioned in that Article, may extend the period referred to in Articles 4(4) and 6(2) by up to
     12 months. Member States intending to make use of this provision shall inform in advance the
     Commission of their decision.

     These Member States may, on the basis of the same criteria mentioned in the former
     subparagraph, be granted an additional extension to the one mentioned in the former
     subparagraph by the Commission for a maximum of 24 months, if these Member States:


            demonstrate that all reasonable measures have been taken to comply with the maximum
             collection rates and targets, and
            outline the future developments with regard to the measures which they will take
             according to Articles 4(4) and 6(2).


     The Commission shall inform other Member States and the European Parliament of these
     decisions.




16
     in general:
     S/NL/E/UK: could accept
     I: still too vague;
     P/FIN (the latter a priori against exemptions): scrutiny reservation;
     A/DK(the latter a priori against exemptions)/ D/F: name Member States concerned;
     EL could accept naming specific areas concerned; IRL: against explicit naming.
     on deadlines:
     IRL: inverse them, i.e. 24 months in first subparagraph and 12 months in second one;
     EL: extend as much as possible;
     D would rather have longer overall deadlines which might make derogations superfluous;
     DK/A: 24 months in second paragraph too long.
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ANNEX A                                              DG I                                          EN
                                               Article 16
                                           Entry into force


This Directive shall enter into force on the day of its publication in the Official Journal of the
European Communities.




                                               Article 17
                                              Addressees


This Directive is addressed to the Member States.

Done at Brussels,


  For the European Parliament                                                   For the Council
          The President                                                         The President




                                        ___________________




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ANNEX A                                           DG I                                               EN
                                                                         ANNEX IA to ANNEX A



          CATEGORIES OF ELECTRICAL AND ELECTRONIC EQUIPMENT
                             COVERED BY THIS DIRECTIVE




1.          Large household appliances

2.          Small household appliances

3.          IT & Telecommunication equipment

4.          Consumer equipment

5.          Lighting equipment

6.          Electrical and electronic tools (with the exception of large-scale stationary industrial
            tools)

7.          Toys, leisure and sports equipment

8.          Medical devices (with the exception of all implanted and infected products)

9.          Monitoring and control instruments

10.         Automatic dispensers




                                     __________________




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ANNEX IA to ANNEX A                           DG I                                             EN
                                                                        ANNEX IB to ANNEX A


     LIST OF PRODUCTS WHICH SHALL BE TAKEN INTO ACCOUNT FOR THE
                PURPOSE OF THIS DIRECTIVE AND FALL UNDER THE
                                CATEGORIES OF ANNEX IA



1.   Large household appliances


     Large cooling appliances
     Refrigerators
     Freezers
     Other large appliances used for refrigeration, conservation and storage of food


     Washing machines
     Clothes dryers
     Dish washing machines
     Cooking
     Electric stoves
     Electric hot plates
     Microwaves
     Other large appliances used for cooking and other processing of food




9075/01                                                                  KC/pc           33
ANNEX IB to ANNEX A                            DG I                                    EN
        Electric heating appliances
        Electric radiators
        Other large appliances for heating rooms, beds, seating furniture


        Electric fans
        Air conditioner appliances
        Other fanning, exhaust ventilation and conditioning equipment


2.      Small household appliances


        Vacuum cleaners
        Carpet Sweepers
        Other appliances for cleaning
        Appliances used for sewing, knitting, weaving and other processing for textiles
        Irons and other appliances for ironing, mangling and other care of clothing


        Toasters
        Fryers
        Grinders, coffee machines and opening or sealing containers or packages equipment
        Electric knives
        Appliances for hair-cutting, hair drying, tooth brushing, shaving, massage and other body care
        appliances
        Clocks, watches and equipment for the purpose of measuring, indicating or registering time
        Scales


[...]




9075/01                                                                     KC/pc                    34
ANNEX IB to ANNEX A                               DG I                                           EN
3.   IT & Telecommunication equipment


     Centralised data processing:
     Mainframes
     Minicomputers
     Printer units
     Personal computing:
     Personal computers (CPU, mouse, screen and keyboard included)
     Lap-top computers (CPU, mouse, screen and keyboard included)
     Note-book computers
     Note-pad computers
     Printers
     Copying equipment
     Electrical and electronic typewriters
     Pocket and desk calculators
     and other products and equipment for the collection, storage, processing, presentation or
     communication of information by electronic means
     User terminals and systems
     Facsimile
     Telex
     Telephones
     Pay telephones
     Cordless telephones
     Cellular telephones
     Answering systems
     and other products or equipment of transmitting sound, images or other information by
     telecommunication




9075/01                                                                  KC/pc                    35
ANNEX IB to ANNEX A                            DG I                                              EN
4.   Consumer equipment


     Radio sets
     Television sets
     Videocameras
     Video recorders
     Hi-fi recorders
     Audio amplifiers
     Musical instruments
     And other products or equipment for the purpose of recording or reproducing sound or
     images, including signals or other technologies for the distribution of sound and image than
     by telecommunication


5.   Lighting equipment


     Luminaires for fluorescent lamps 17
     Straight fluorescent lamps
     Compact fluorescent lamps
     High intensity discharge lamps, including pressure sodium lamps and metal halide lamps
     Low pressure sodium lamps
     Other lighting or equipment for the purpose of spreading or controlling light 18




17
     F/I/E/D/NL/UK: exclude luminaires in households; NL prefers "containing" to "for"; A/DK/S/Cion opposed to
     exclusion because needed for recycling of their metal content (S: also for their PCB content).
18
     E/A/D/UK/F/NL: exclude filament bulbs; S/DK: opposed (because of their lead content and link with RoHS
     Directive); Cion: opposed because of possible confusion for consumers; on this request: B could accept their
     deletion in this Directive if in RoHS EP Amd. 9 is taken on board (by including them in Article 2).
9075/01                                                                             KC/pc                       36
ANNEX IB to ANNEX A                                  DG I                                                    EN
6.   Electrical and electronic tools (with the exception of large-scale stationary industrial
     tools)


     Drills
     Saws
     Sewing machines
     Equipment for turning, milling, sanding, grinding, sawing, cutting, shearing, drilling, making
     holes, punching, folding, bending or similar processing of wood, metal and other materials
     Tools for riveting, nailing or screwing or removing rivets, nails, screws or similar uses
     Tools for welding, soldering or similar use
     Equipment for spraying, spreading, dispersing or other treatment of liquid or gaseous
     substances by other means
     Tools for mowing or other gardening activities




7.   Toys, leisure and sports equipment


     Electric trains or car racing sets
     Hand-held video game consoles
     Video games
     Computers for biking, diving, running, rowing, etc.
     Sports equipment with electric or electronic components
     Coin slot machines




9075/01                                                                   KC/pc                   37
ANNEX IB to ANNEX A                            DG I                                              EN
8.    Medical devices (with the exception of all implanted and infected products)


      Radiotherapy equipment
      Cardiology
      Dialysis
      Pulmonary ventilators
      Nuclear medicine
      Laboratory equipment for in-vitro diagnosis
      Analysers
      Freezers
      Fertilization tests
      Other appliances for detecting, preventing, monitoring, treating, alleviating illness, injury or
      disability


9.    Monitoring and control instruments


      Smoke detector
      Heating regulators
      Thermostats
      Measuring, weighing or adjusting appliances for household or as laboratory equipment
      Other monitoring and control instruments used in industrial installations (e.g. in control
      panels)


10.   Automatic dispensers


      Automatic dispensers for hot drinks
      Automatic dispensers for hot or cold bottles or cans
      Automatic dispensers for solid products
      Automatic dispensers for money
      All appliances which deliver automatically all kind of products
                                         ________________




9075/01                                                                     KC/pc                    38
ANNEX IB to ANNEX A                              DG I                                              EN
                                                                                         ANNEX II to ANNEX A



      Selective Treatment for Materials and Components of Waste Electrical and Electronic
                            Equipment in accordance with Article 5.1



1. As a minimum the following substances, preparations and components have to be removed from
   any separately collected WEEE 19:


      Polychlorinated biphenyls (PCB) containing capacitors in accordance with Directive
        96/59/EC on the disposal of PCBs and PCTs
      Mercury containing components, such as switches or backlighting lamps
      Batteries
      Printed circuit boards of mobile phones generally, and of other devices if the surface of the
        printed circuit board is greater than 10 square centimetres 20
      Toner cartridges, liquid and pasty, as well as colour toner
      Plastic containing brominated flame retardants
      Asbestos waste
      Cathode ray tubes
      Chlorofluorocarbons (CFC), hydrochlorofluorocarbons (HCFC) or hydrofluorocarbons
        (HFC), hydrocarbons (HC)
      Gas discharge lamps
      Liquid crystal displays (together with their casing where appropriate) of a surface greater than
        100 square centimetres and all those back-lighted with gas discharge lamps
      External electric cables
      Components containing refractory ceramic fibres as described in Directive 97/69
      Components containing radioactive substances with the exception of components that are
        below the exemption thresholds set in the BSS Directive (Euratom 96/29, Article 3 and
        Annex I)

     These substances, preparations and components shall be disposed of or recovered in compliance
     with Article 4 of Council Directive 75/442/EEC.




19
        DK asks for addition of "Electrolyte capacitors containing hazardous substances"; Cion/A support; UK: rather
        in general review clause; DK: against UK suggestion. DK also asks for addition of "all kinds of flame retardant
        and plastics" (cf. also EP Amds relating to Annex II).
20
        FIN: reservation on circuit boards of mobile phones generally.
9075/01                                                                                 KC/pc                        39
ANNEX II to ANNEX A                                      DG I                                                    EN
2. The following components of WEEE that is separately collected has to be treated as indicated:

      Cathode ray tubes: The fluorescent coating has to be removed
      Equipment containing CFC, HCFC, HFC or HC: The CFC, HCFC present in the foam and the
        refrigerating circuit must be properly dealt with according to Regulation (EC) N°2037/2000
        on substances that deplete the ozone layer. The HFC and HC present in the foam and the
        refrigerating circuit must be extracted and properly treated.
      Gas discharge lamps: The mercury shall be removed.

21



3. Taking into account environmental considerations and the desirability of re-use and recycling,
     paragraphs 1 and 2 shall be applied in such a way that environmentally-sound re-use and
     recycling of components or whole appliances is not hindered.


4. Within the procedure referred to in Article 14(2), the Commission shall evaluate as a matter of
     priority whether the entries regarding:
            printed circuit boards for mobile phones, and
            liquid crystal displays
     are to be amended accordingly.



                                              ____________________




21
         FIN asks to add EP Amd. 73 as follows:
         "2b. WEEE will be treated using methods that ensure that the overall impact on the environment is less than the
         selective treatment methods set out in this Annex.".

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ANNEX II to ANNEX A                                       DG I                                                    EN
                                                                           ANNEX III to ANNEX A


                        Technical requirements in accordance with Article 5(3)




1. Sites for storage (including temporary storage) of WEEE prior to their treatment (without
    prejudice to the requirements of Council Directive 1999/31/EC on the landfill of waste):

    – Impermeable surfaces for appropriate areas with the provision of spillage collection facilities
      and, where appropriate, decanters and cleanser-degreasers

    – Weatherproof covering for appropriate areas


2. Sites for treatment of WEEE:

    – Balances to measure the weight of the treated waste

    – Impermeable surfaces and waterproof covering for appropriate areas with the provision of
      spillage collection facilities and, where appropriate, decanters and cleanser-degreasers

    – Appropriate storage for disassembled spare parts

    – Appropriate containers for storage of batteries, PCB/PCT containing condensers and other
      hazardous waste such as radioactive waste

    – Equipment for the treatment of water in compliance with health and environmental
      regulations


                                          ______________________




*      OJ L 282, 5.11.1999, p. 16.

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ANNEX III to ANNEX A                             DG I                                            EN
                                                                          ANNEX IV to ANNEX A


                 Symbol for the marking of electrical and electronic equipment




The symbol indicating separate collection for electrical and electronic equipment consists of the
crossed-out wheeled bin, as shown below. The symbol must be printed visibly, legibly and
indelibly.




                                         ______________________




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ANNEX IV to ANNEX A                             DG I                                            EN
                                                                                                         ANNEX B



            Proposal for a Directive of the European Parliament and of the Council

            on the restriction of the use of certain hazardous substances in electrical

                                        and electronic equipment 22


                                                    Article 1
                                                   Objectives


The purpose of this Directive is to approximate the laws of the Member States on the restrictions of
the use of hazardous substances in electrical and electronic equipment and to contribute to the
protection of human health and the environmentally sound recovery and disposal of waste electrical
and electronic equipment.



                                                    Article 2

                                                      Scope


1.   Without prejudice to Article 6, this Directive shall apply to electrical and electronic
     equipment falling under the categories 1, 2, 3, 4, 5, 6, 7 and 10 set out in Annex I A to
     Directive …… [on waste electrical and electronic equipment].




22
     DK: parliamentary scrutiny reservation; D: general scrutiny reservation; S, supported by DK, underlines the need
     for more dynamics in this Directive if it remains separate from the WEEE one (justified by rapid scientific
     knowledge/progress, new chemicals policy, to keep pressure on development of substitutes, the precautionary
     principle, also after the review (currently 2003)). To this extent, DK asks inter alia for the addition of the
     following recital:
     "The Council Resolution on the precautionary principle considers that the precautionary principle applies to the
     policies and action of the Community and its Member States and concerns action by public authorities both at
     the level of the Community institutions and the Member States; that use should be made of this principle where
     the possibility of harmful effects on health or the environment has been identified and preliminary scientific
     evaluation, based on the available data, proves inconclusive for assessing the level of risk; calls on the
     Commission to incorporate the precautionary principle, wherever necessary, in drawing up its legislative
     proposals and in all its actions;" on this request: UK: delete last part concerning the Commission; E: not restate
     what is in Treaty; D: positive scrutiny reservation.
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ANNEX B                                                DG I                                                     EN
2.    [deleted.]


3.    This Directive shall apply without prejudice to Community legislation on safety and health
      requirements and specific Community waste management legislation.


                                               Article 3
                                              Definitions


For the purposes of this Directive, the following definitions shall apply:


(a)   "electrical and electronic equipment" 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 A and designed for use with a voltage rating not exceeding 1000 Volt for alternating
      current and 1500 Volt for direct current;


(b)   "producer" means any person who, irrespective of the selling technique used, including by
      means of distance communication according to the European Parliament and Council
      Directive on the protection of consumers in respect of distance contracts (97/7/EC):


      (i)     manufactures and sells electrical and electronic equipment under his own brand,


      (ii)    resells under his own brand equipment produced by other suppliers, or


      (iii)    imports or exports electrical and electronic equipment on a professional basis into a
               Member State.





      OJ L 144, 4.6.1997.
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ANNEX B                                           DG I                                            EN
                                                     Article 4
                                                   Prevention


1.   By 1 January 2006 at the latest, Member States shall ensure that new electrical and electronic
     equipment put on the market [...] does not contain lead, mercury, cadmium, hexavalent
     chromium, polybrominated biphenyls (PBB) and/or polybrominated diphenyl ether
     (PBDE) 23.


2.   Paragraph 1 shall not apply to the applications listed in the Annex. 24


                                                     Article 5

                            Adaptation to scientific and technical progress


1.   Any amendments which are necessary in order to adapt the Annex to scientific and technical
     progress for the following purposes shall be adopted in accordance with the procedure
     referred to in Article 7(2):


     (a)    establishing, as necessary, maximum concentration values up to which the presence of
            the substances referred to in Article 4(1) in specific materials and components of
            electrical and electronic equipment shall be tolerated;


     (b)    exempting materials and components of electrical and electronic equipment from
            Article 4(1) if the use of the substances referred to therein in those materials and
            components is technically or scientifically unavoidable or where the negative
            environmental and/or health impacts caused by substitution are likely to outweigh the
            environmental and/or health benefits thereof;




23
     on "at the latest": B/DK/A/S: support; UK/E/Cion: positive scrutiny reservation; F/DK ask that the Council
     Legal Service provide a written opinion.
     on date: FIN: scrutiny reservation; DK: 2004; S, at this stage, asks for 2005, but could accept 2006 in view of
     global compromise; F can accept 2006 pending content of the Annex; P prefers 2008; D/UK: 2008. IRL, in
     view of the seven year lead-in period needed for manufacturing processes, asks for 2010.
24
     DK: reservation on this paragraph; asks that Commission text be maintained.
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ANNEX B                                                DG I                                                      EN
             25
      (c)         deleting materials and components of electrical and electronic equipment from the
             Annex if the use of the substances referred to in Article 4(1) in these materials and
             components is avoidable, provided that the negative environmental and/or health
             impacts caused by substitution do not outweigh the possible environmental and/or
             health benefits thereof.


2.    Before the Annex is amended pursuant to paragraph 1, the Commission shall inter alia
      consult producers of electrical and electronic equipment, recyclers, treatment operators,
      environmental organisations and employee and consumer associations. Comments shall be
      forwarded to the committee referred to in Article 7(2).


                                                       Article 6
                                                        Review


Within two years of the entry into force of this Directive, the Commission shall review the
measures provided for in this Directive to take into account, as necessary, new scientific evidence.


In particular the Commission shall by this date present proposals:
    for including in the scope of this Directive equipment which falls under categories 8 and 9 set
      out in Annex IA to the WEEE Directive, and
    for amendments to Article 4(1),
if appropriate. 26




25
      DK, supported by S/Cion, suggests reading (c) as follows (aim is to strike a balance in context of legal basis vis-
      à-vis environmental protection):
      "carrying out a review of each exemption in the Annex at least every four years with the aim of deleting
      materials ...";
      on this request: UK supports if text reads "carrying out ... every four years or four years after an item is added to
      the list with the aim of considering to delete ..."; E: scrutiny reservation; F could consider in context of balanced
      global package (together with date and new wording in Article 4).
26
      DK, supported by S, asks that from the second indent onwards, text read as follows:
      "- to add substances to Article 4(1) on the basis of new scientific evidence and the precautionary principle."
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ANNEX B                                                  DG I                                                       EN
                                              Article 7
                                             Committee


1.    The Commission shall be assisted by the committee instituted by Article 18 of
      Directive 75/442/EEC .


2.    Where reference is made to this paragraph, the regulatory procedure laid down in Article 5 of
      Decision 1999/468/EC shall apply, in compliance with Article 7 and Article 8 thereof. The
      period provided for in Article 5(6) of Decision 1999/468/EC shall be three months.


3.    The Committee shall adopt its rules of procedure.


                                              Article 7a
                                              Penalties

Member States shall determine penalties applicable to breaches of the national provisions adopted
pursuant to this Directive. The penalties thus provided for shall be effective, proportionate and
dissuasive.


                                              Article 8
                                           Transposition


1.    Member States shall bring into force the laws, regulations and administrative provisions
      necessary to comply with this Directive within 18 months after the entry into force of this
      Directive. They shall immediately inform the Commission thereof.





      OJ L 194, 25.7.1975, p. 39.
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ANNEX B                                         DG I                                                EN
2.    When Member States adopt those provisions, they shall contain a reference to this Directive
      or be accompanied by such a reference on the occasion of their official publication. Member
      States shall determine how such reference is to be made.


3.    Member States shall communicate to the Commission the text of all existing laws, regulations
      and administrative provisions adopted in the field covered by this Directive.


                                               Article 9
                                           Entry into force


This Directive shall enter into force on the day of its publication in the Official Journal of the
European Communities.


                                               Article 10
                                              Addressees


This Directive is addressed to the Member States.


Done at Brussels,

For the European Parliament                              For the Council

The President                                            The President



                                        ___________________




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ANNEX B                                           DG I                                               EN
                                                                                       ANNEX to ANNEX B 27




                 Applications of lead, mercury, cadmium and hexavalent chromium,
                     which are exempted from the requirements of Article 4(1)




1.    Mercury in compact fluorescent lamps not exceeding 5 mg per lamp

      28
2.         Mercury in straight fluorescent lamps for general purposes not exceeding
            halophosphate                                                        10 mg
            triphosphate with normal lifetime                                    5 mg
            triphosphate with long lifetime                                      8 mg


2a.   Mercury in straight fluorescent lamps for special purposes


3.    Mercury in other lamps not specifically mentioned in this Annex


4.    [...]


5.    [...]


6.    Lead in glass of cathode ray tubes, [light bulbs], electronic components and fluorescent
      tubes 29


7.    Lead as an alloying element in steel containing up to 0.35% lead by weight, aluminium
      containing up to 0.4% lead by weight and as a copper alloy containing up to 4% lead by
      weight




27
      D: scrutiny reservation.
28
      F/E: scrutiny reservation on point 2; UK prefers previous draft.
29
      S/B/DK/FIN/Cion: delete "light bulbs"; F: scrutiny reservation; E/UK: reservation.
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ANNEX to ANNEX B                                       DG I                                           EN
      30
8.         -   Lead in high melting temperature 31 type solders (i.e. tin-lead solder alloys containing
               more than 85% lead),
      -        Lead in solders for servers, storage and storage array systems (exemption granted until
               2010 32),
      -        Lead in solders for network infrastructure equipment for switching, signalling,
               transmission as well as network management for telecommunication,
      -        Lead in electronic ceramic parts (e.g. piezoelectronic devices).


9.    [...]


10.   Cadmium plating except for applications banned under Directive 91/338/EEC amending
      Directive 76/769/EEC relating to restrictions on the marketing and use of certain dangerous
      substances and preparations


11.   [...]


12.   Hexavalent chromium as an anti-corrosion of the carbon steel cooling system in absorption
      refrigerators.
      [...]


33


                                                               º


                                                       º              º




30
      I: scrutiny reservation on point 8; D: exempt lead in solder; F/FIN ask that EP Amd. 21 be taken over as a whole;
      UK: open to Pres/EP.
31
      DK: clarify "high melting temperature".
32
      IRL: asks for 2013; DK, supported by UK, indicates date is not necessary if proposals for review are taken on
      board.
33
      F/UK ask for addition of Octa BDE and Deca BDE for use as a flame retardant (pending outcome of rapid
      review).
      Cion/B/DK: against addition at this stage (through comitology if need be); I: scrutiny reservation on inclusion; S:
      doubts on methodology of risk assessment which is not properly developed yet and as a matter of consequence
      Deca and Octa are not analysed as they should be; recent findings on especially Deca are alarming.
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ANNEX to ANNEX B                                           DG I                                                   EN
Within the procedure referred to in Article 5(1), the Commission shall evaluate the applications for:
     Octa BDE, Deca BDE,
     mercury in straight fluorescent lamps for special purposes, and
     lead in solders for servers, storage and storage array systems, network infrastructure
      equipment for switching, signalling, transmission as well as network management for
      telecommunication (with the view of fixing a specific time limit for this exemption)
as a matter of priority in order to establish as soon as possible whether these items are to be
amended accordingly.




                                         ________________




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ANNEX to ANNEX B                                 DG I                                             EN

								
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