Commission Decision of 3 May 2005 laying down rules for monitoring compliance of Member States and establishing data formats for the purposes of Directive 2002/96/EC of the European Parliament and of the Council on waste electrical and electronic equipment (notified under document number C(2005) 1355) (2005/369/EC)
Grade B
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Address https://gelex.eu/eli/EU/decision/2005/369@2005-05-03/en
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Directive 2002/96/EC of the European Parliament and of the Council of 27 January 2003 on waste electrical and electronic equipment (WEEE), and in particular the second subparagraph of Article 7(3) and the third subparagraph of Article 12(1) thereof,
Whereas:
(1) In order to make the data produced by Member States comparable, the mode of calculating compliance with the targets in Article 7(2) of Directive 2002/96/EC should be harmonised, in terms of presentation.
(2) Balancing the risks of inaccuracies against the administrative burden of achieving precise information, Member States should be allowed to use estimates when determining the amount of materials and components of waste electrical and electronic equipment which is recovered, reused or recycled.
(3) Pursuant to Article 6(5) of Directive 2002/96/EC the treatment operation may also be undertaken outside the respective Member State or the Community, provided that the shipment of waste is in compliance with Council Regulation (EEC) No 259/93 of 1 February 1993 on the supervision and control of shipments of waste within, into and out of the European Community. Member States sending waste electrical and electronic equipment for treatment in other Member States or exporting such waste for treatment in third countries should be allowed to count the exported amount towards the targets set out in Article 7(2) of Directive 2002/96/EC on condition that the waste was collected by the exporting Member State.
(4) The measures provided for in this Decision are in accordance with the opinion of the Committee established by Article 18 of Council Directive 75/442/EEC,
HAS ADOPTED THIS DECISION:
Article 1
Member States shall report the information required in Article 12(1) of Directive 2002/96/EC using the data formats set out in Table 1 of the Annex to this Decision.
Article 2
1. Member States shall demonstrate compliance with the recovery, reuse and recycling rates set out in Article 7(2) of Directive 2002/96/EC by completing Table 2 set out in the Annex to this Decision. When completing that table, Member States may use an estimate as to the average percentage of reused, recycled and recovered materials, such as metals, glass and plastics, and components of waste electrical and electronic equipment.
2. Where waste electrical and electronic equipment is exported for treatment in a third country, or is sent for treatment in another Member State in accordance with Article 6(5) of Directive 2002/96/EC, only the Member State which has collected and exported that waste equipment may count it towards the targets set out in Article 7(2) of that Directive.
3. Member States shall determine whether documentary evidence additional to the proof required under the second subparagraph of Article 6(5) of Directive 2002/96/EC is necessary.
Article 3
When transmitting Tables 1 and 2 of the Annex to the Commission, Member States shall provide the Commission with a detailed description of how the data have been compiled, and shall give an explanation of estimates and methodology used.
Article 4
This Decision is addressed to the Member States.
Done at Brussels, 3 May 2005. For the Commission Stavros Dimas Member of the Commission
ANNEX
ANNEX Table 1 1.2.3.4.5.5a.6.7.8.9.10. Table 2 1.2.3.4.5.5a.6.7.8.9.10. Waste electrical and electronic equipment (WEEE) collected and exported (Articles 5 and 12 of Directive 2002/96/EC) Recovery, recycling and reuse, targets (Article 7(2) of Directive 2002/96/EC)
Column number 1 2 3 4 5 6 7 Product category Put on the market Collected from private households Collected other than from private households Total WEEE collected Treated in the Member State Treated in another Member State Treated outside the EC Total weight tonnes Total weight tonnes Total weight tonnes Total weight tonnes Total weight tonnes Total weight tonnes Total weight tonnes Large household appliances Small household appliances IT and telecommunications equipment Consumer equipment Lighting equipment Gas discharge lamps Electrical and electronic tools Toys, leisure and sports equipment Medical devices Monitor and control instruments Automatic dispensers NB: Grey boxes mean that the data need only be reported on a voluntary basis. Column number 1 2 3 4 5 Product category Recovery Recovery rate Reuse and recycling Reuse and recycling rate WEEE reused as whole appliance Total weight tonnes % Total weight tonnes % Total weight tonnes Large household appliances Small household appliances IT and telecommunications equipment Consumer equipment Lighting equipment Gas discharge lamps n/a n/a Electrical and electronic tools Toys, leisure and sports equipment Medical devices Monitor and control instruments Automatic dispensers
Versions
Cited by
- Directive 2008/34/EC of the European Parliament and of the Council of 11 March 2008 amending Directive 2002/96/EC on waste electrical and electronic equipment (WEEE), as regards the implementing powers conferred on the Commission Act · Grade B
Since the Commission has laid down the detailed rules referred to in Article 7(3) of Directive 2002/96/EC by means of Decision 2005/369/EC, it is appropriate to delete the reference to the deadline of 13 August 2004.
- Thursday 3 February 2011Waste electrical and electronic equipment ***I P7_TA(2011)0037 European Parliament legislative resolution of 3 February 2011 on the proposal for a directive of the European Parliament and of the Council on waste electrical and electronic equipment (WEEE) (recast) (COM(2008)0810 – C6-0472/2008 – 2008/0241(COD)) 2012/C 182 E/13 Notice · Grade B
Member States shall send a report to the Commission on the implementation of this Directive and on the information set out in paragraph 5 at three-year intervals. The implementation report shall be drawn up on the basis of a questionnaire laid down in Commission Decision 2004/249/EC of 11 March 2004 concerning a questionnaire for Member States reports on the implementation of Directive 2002/96/EC of the European Parliament and of the Council on waste electrical and electronic equipment (WEEE) and Commission Decision 2005/369/EC of 3 May 2005 laying down rules for monitoring compliance of Membe