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DRAFT REPORT (COM(2023)0063 – C90016/2023 – 2023/0025(COD))

On the proposal for a directive of the European Parliament and of the Council amending Directive 2012/19/EU on waste electrical and electronic equipment (WEEE)

ENVI-PR-746823

Committee on the Environment, Public Health and Food Safety · Rapporteur: Anna Zalewska

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This is the rapporteur's draft report on the Commission proposal to amend Directive 2012/19/EU on waste electrical and electronic equipment (WEEE). It backs the proposal's targeted fix of the Court of Justice ruling on photovoltaic panels and adds amendments on legal certainty, transposition time and a future revision. The draft adds recitals stating that Articles 8 and 14 of the general waste directive govern disposal of WEEE from photovoltaic panels and open scope EEE, and that future revisions must avoid unjustified retroactive effects. It amends Article 13 so that the financing rules for historical WEEE cover EEE under Article 2(1)(a) other than photovoltaic panels, and extends the deadline for member states to transpose the directive from one year to two years. It requires the Commission to assess by 31 December 2025 whether to revise the WEEE directive, with a legislative proposal and impact assessment ensuring legal certainty, no unjustified retroactivity and no extra costs for citizens or consumers.

Committee position. The rapporteur supports the Commission's targeted revision to implement the Court ruling and proposes amendments to clarify the financing rules in Article 13, add recitals on legal certainty and consumer protection, extend the transposition period to two years, and set a review by the end of 2025.

Key points

  1. Adopts Parliament's first-reading position on the Commission proposal amending Directive 2012/19/EU on waste electrical and electronic equipment (WEEE).
  2. Calls on the Commission to refer the matter to Parliament again if it replaces or substantially amends its proposal.
  3. Adds a recital stating that Articles 8 and 14 of Directive 2008/98/EC govern environmentally sound disposal of WEEE from photovoltaic panels and open scope EEE outside Directive 2012/19/EU.
  4. Amends Recital 4 to state that the Court of Justice judgment of 25 January 2022 came from the Grand Chamber and declared Article 13(1) invalid for photovoltaic panels placed on the market between 13 August 2005 and 12 August 2012.
  5. Adds a recital requiring attention to preventing provisions with unjustified retroactive effects, to give EEE producers clarity and predictability and avoid unpredictable WEEE management costs.
  6. Adds a recital stating that a review of Directive 2012/19/EU should begin shortly after member states transpose the amendments and no later than the end of 2025.
  7. Adds a recital stating that when revising the directive and applying the polluter pays principle, WEEE management costs must not be transferred to consumers or citizens.
  8. Amends Article 13(1), second subparagraph, so that financing of historical WEEE costs by producers applies to EEE under Article 2(1)(a) other than photovoltaic panels.
  9. Amends Article 13(1), third subparagraph, so that for other historical waste from EEE under Article 2(1)(a) other than photovoltaic panels, users other than private households finance the costs.
  10. Amends Article 2(1) to give member states two years after entry into force, instead of one year, to bring into force the laws, regulations and administrative provisions needed to comply.
  11. Inserts a new Article 2a requiring the Commission, no later than 31 December 2025, to assess the need for and where appropriate present a legislative proposal revising the directive with an impact assessment.
  12. Requires that the revision proposal ensure legal certainty, no unjustified retroactive effect in any member state, and no additional costs for citizens or consumers.

Who is affected

  • Producers of electrical and electronic equipment, who would finance historical WEEE costs and gain clarity on operating conditions.
  • Users other than private households, who would finance costs for other historical waste under Article 13(1).
  • Member states, which would have two years to transpose the directive into national law.
  • The Commission, which would have to assess the need for a revision and possibly present a legislative proposal by 31 December 2025.
  • Consumers and citizens, who should not bear additional WEEE management costs.

Figures and deadlines

  • 13 August 2005 to 12 August 2012: period for photovoltaic panels placed on the market covered by the Court's invalidity finding.
  • 13 August 2012: entry into force of Directive 2012/19/EU, before which photovoltaic panels were placed on the market.
  • 25 January 2022: date of the Court of Justice judgment in Case C-181/20.
  • Two years after entry into force: deadline for member states to transpose the directive.
  • 31 December 2025: deadline for the Commission to assess the need for and possibly propose a revision of the directive.
  • 13 August 2012 to 14 August 2018: transitional period for EEE under Article 2(1)(a).
  • 15 August 2018: date from which open scope EEE applies to all EEE with certain exceptions.

Legal basis: Article 294(2) and Article 192(1) of the Treaty on the Functioning of the European Union.