MEPs to scrutinise planned WEEE Directive changes

However, his report does endorse the Commission's proposals for tougher market-based collection targets to be introduced from 2016, as well as including new proposals for interim targets, tighter controls on export for re-use and widening the scope of the Directive.

Original Commission proposals for the recast Directive, which is set to take effect from 2016, had suggested EU member states “encourage” producers to finance all collections costs of household WEEE, raising the prospect of their compliance costs increasing significantly.

But, Mr Heinz-Florenz's report dismisses this proposal, claiming the requirement would cause disruption to collection arrangements “without any prospect of increased environmental benefit – i.e. of reducing the volume of waste equipment escaping official collection”, and noting that consumers have a “responsibility” for taking WEEE to collection sites..

It also adds that: “In terms of equipment design or environmental benefits, financing collection from households is immaterial, and shifting how the burden is shared does not guarantee a higher collection rate.”

His report represents the first significant stage of the recast Directive's progress through the Parliament side of the co-decision process which is being used to agree on changes to the legislation.

The complex nature of the process – which requires the Parliament and Council of Environment Ministers to agree on the final text of the recast – means that the UK is not expecting agreement until late 2010 (see letsrecycle.com story).

Collection targets

The draft report shows that the rapporteur supports the most contentious aspect of the recast to be outlined in the Commission's proposals – the replacement of weight-based targets for member states, which the UK has easily reached to date, with a 65% collection goal.

In his report, Mr Heinz-Florenz says: “Increasing the rate of separated collection is a means of keeping waste streams within the EU and directing waste equipment to treatment or preparation for re-use. It is therefore very important to set an ambitious collection target.”

In addition to this, he advocates the introduction of an interim target of 45% which member states will be expected to achieve on a monthly basis from 2013 until the end of 2013 to allow “gradual improvement” towards the 2013 goal.

And, he proposes that the percentage target be worked out on the basis of electrical equipment put onto the market over the previous three years, and not two as proposed by the Commission.

“Year-on-year variations and different product service lives will be better offset by means of a longer reference period,” he explained.

Proposals

Other key proposals and amendments in the rapporteur's report are:

• An “open scope” for the Directive, rather than making it “crucial” whether items fall into a particular category to decide whether they are subject to the Directive. The report explains that: ” This reflects one of the major concerns in the review of the directive: the need to create legal certainty.”
• Replacing the current 10 categories of WEEE with just five, to prevent “unnecessary administrative outlay”. The new categories would be cooling appliances and radiators, screens and monitors, lamps, other large appliances, other small appliances.
• Potential for a separate tougher collection rate for mercury-containing lamps, as well as that proposed by the Commission for fridges and freezers due to their environmental impact.
• Tougher export requirements, in particular to address the issue of equipment being labeled for reuse rather than waste and then exported out of the EU. The report states that: “A simpler distinction between waste and used equipment therefore needs to be introduced with the help of the directive.”
• A requirement for exporters to submit “conclusive evidence” of overseas standards both before and after material is exported.
• An emphasis on consumers' role in increasing WEEE recycling rates.
• Extending the definition of 'WEEE from private households' to include equipment that “may be used as EEE both in private households and elsewhere.” This is intended to stop household WEEE being categorized as non-household, which the report claims is “usually more costly”. “There is a risk that such equipment will be designated non-household appliances, thus jeopardising the financing of household waste equipment,” it adds.
• Making member states legally responsible for reaching the 65% collection rate, rather than producers, as the Commission had proposed.
• Support for the Commission's proposals to harmonise producer registration.
• Establishing set collection, treatment and recycling standards.

Next stage

The Parliament has indicated that the next stage for the report will involve its environment committee being given until March 8 to propose amendments to the document.

The document is then expected to be voted on at a meeting of the Committee scheduled for May 4, before being placed on the agenda of a full plenary session of the Parliament on May 18, where it is set to be debated and the amendments will be voted on before it passes back across to the Council.

Second readings can be held in both the Parliament and Council before final agreement is reached on the recast text.