🌱 What does the directive set out?
The Waste Electrical and Electronic Equipment Directive (WEEE Directive) was first adopted in 2002 and later revised in 2012. It applies to a variety of waste from electrical and electronic equipment and aims to reduce environmental impact and human health risks in the EU. Under the directive, e-waste must be collected separately and treated properly. The directive sets out collection, recovery, and recycling targets. It also harmonizes registration and reporting of e-waste across the EU and aims to combat illegal waste exports. The revised directive from 2012 brought photovoltaic panels into scope and included a so-called “open scope” as of 15 August 2018. Under the “open scope”, all electrical and electronic equipment was to be considered in scope unless a given product was explicitly excluded.
🌱 What is extended producer responsibility?
Extended producer responsibility makes “the manufacturer of [a given] product responsible for the entire life-cycle of the product and especially for the take-back, recycling and final disposal of the product.” Amongst others, it includes “the financing of waste collection, treatment, recovery and disposal costs”.
🌱 Why were changes needed?
On 25 January 2022, the EU Court of Justice ruled that the directive was partially invalid due to “non-justified retroactive effects” and therefore also violated the principle of legal certainty. In its ruling, the court held that the “retroactive application of extended producer responsibility to waste from photovoltaic panels placed on the market between 13 August 2005 and 13 August 2012” was unjustified. Following from the court’s reasoning, “extended producer responsibility also [appeared to have been] applied retroactively to products which were added to the [directive’s] scope in 2018”.
🌱 What has changed?
On 4 March 2024, the Council adopted new amendments that clarify who must pay for the management costs of e-waste. With the amendments, the Council aims to align the directive with the 2022 judgment. For photovoltaic panels that were placed on the market after 13 August 2012, the management and waste disposal costs must be covered by the producer of the panels. For the electrical and electronic equipment that became part of the directive’s scope in 2018, extended producer responsibility will apply only to the products placed on the market after that date. Moreover, a review clause has been added to the directive. Under this clause, the Commission will assess, latest in 2026, whether the directive needs to be revised. It has also been agreed that the Commission should make sure that “the costs of managing [e-waste] are not disproportionately transferred on to consumers or citizens”. EU Member States now have 18 months to transpose the amendments into their national laws.
Read more about the WEEE Directive here:
- https://ec.europa.eu/environment/pdf/waste/weee/final_rep_okopol.pdf