Emtract Ingest

Overview

Jurisdiction: European Union
Topic: -
Instrument type: Directive
Reference number: 2012/19/EU
Valid from: 2012-08-13
Valid to: 2026-08-06
Modified date: 2012-07-04
Listed at: Unlisted draft
Withdrawn at: -
Description: Regulates the prevention and management of waste electrical and electronic equipment (WEEE), including producer responsibility, separate collection, treatment, recycling and recovery targets, financing, marking, registration and reporting.

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Rule sets

	Label	Effective
	EEE producers during the transitional period	2012-08-13 — 2018-08-14
	Country scope: AT, BE, BG, HR, CY, CZ, DK, EE, FI, FR, DE, EL, HU, IE, IT, LV, LT, LU, MT, NL, PL, PT, RO, SK, SI, ES, SE Applies from milestone: Application Start (2012-08-13) Expires at milestone: - Conditions: Products contains No Linked Attribute Value “electrical and electronic equipment” … Activities contains No Linked Attribute Value “manufactures EEE” “resells EEE under own name or trademark” “places EEE on the market” “sells EEE by means of distance communication” …
	EEE producers under the open scope	2018-08-15 — 9999-12-31
	Country scope: AT, BE, BG, HR, CY, CZ, DK, EE, FI, FR, DE, EL, HU, IE, IT, LV, LT, LU, MT, NL, PL, PT, RO, SK, SI, ES, SE Applies from milestone: Application Start (2018-08-15) Expires at milestone: - Conditions: Products contains No Linked Attribute Value “electrical and electronic equipment” … Activities contains No Linked Attribute Value “manufactures EEE” “resells EEE under own name or trademark” “places EEE on the market” “sells EEE by means of distance communication” …
	Companies collecting or treating WEEE	2012-08-13 — 9999-12-31
	Country scope: AT, BE, BG, HR, CY, CZ, DK, EE, FI, FR, DE, EL, HU, IE, IT, LV, LT, LU, MT, NL, PL, PT, RO, SK, SI, ES, SE Applies from milestone: Application Start (2012-08-13) Expires at milestone: - Conditions: Activities contains No Linked Attribute Value “collects WEEE” “treats WEEE” … Products contains No Linked Attribute Value “waste electrical and electronic equipment” …
	EEE distributors	2012-08-13 — 9999-12-31
	Country scope: AT, BE, BG, HR, CY, CZ, DK, EE, FI, FR, DE, EL, HU, IE, IT, LV, LT, LU, MT, NL, PL, PT, RO, SK, SI, ES, SE Applies from milestone: Application Start (2012-08-13) Expires at milestone: - Conditions: Activities contains No Linked Attribute Value “makes EEE available on the market” … Products contains No Linked Attribute Value “electrical and electronic equipment” …

Questions this regulation asks

Attributes only this regulation asks about — criteria no general attribute expresses. A company answers each once.

This regulation asks no questions of its own — every condition uses a general attribute.

Obligations

Title	Kind	Rule set
Proper treatment of WEEE	Due Diligence	-
Description: Subject WEEE to proper treatment; treatment must at least include removal of all fluids and selective treatment in accordance with Annex VII. Frequency: Continuous Check frequency: Continuous Products/Services: Electrical and electronic equipment and resulting waste electrical and electronic equipment (WEEE) Checking responsibility: Companies carrying out collection or treatment operations Check method: Review of treatment processes and technical facilities against Article 8 and Annex VII Rule set: - Source reference: Article 8(2) Source excerpt: Proper treatment, other than preparing for re-use, and recovery or recycling operations shall, as a minimum, include the removal of all fluids and a selective treatment in accordance with Annex VII.
Technically compliant recovery and treatment	Due Diligence	-
Description: Recover WEEE using best available techniques and store and treat WEEE at sites in accordance with the technical requirements of Annex VIII. Frequency: Continuous Check frequency: Continuous Products/Services: WEEE collection, treatment, recovery and recycling services Checking responsibility: Companies carrying out collection or treatment operations Check method: Inspection of storage and treatment sites against the technical requirements in Annex VIII Rule set: - Source reference: Article 8(3) Source excerpt: Member States shall ensure that producers or third parties acting on their behalf set up systems to provide for the recovery of WEEE using best available techniques. ... Member States shall ensure that any establishment or undertaking carrying out collection or treatment operations stores and treats WEEE in compliance with the technical requirements set out in Annex VIII.
Permit for treatment operations	Approval	-
Description: Obtain a permit from the competent authorities, or use an applicable registration, for treatment operations and ensure that it contains all necessary conditions. Frequency: One-time Check frequency: One-time Products/Services: WEEE treatment facilities Checking responsibility: Companies carrying out treatment operations Check method: Verification of the permit or registration by competent authorities Rule set: - Source reference: Article 9(1) Source excerpt: any establishment or undertaking carrying out treatment operations obtains a permit from the competent authorities
Proof of equivalent treatment on export	Record Keeping	-
Description: For exported WEEE, comply with Regulations (EC) No 1013/2006 and 1418/2007 and prove that treatment took place under conditions equivalent to the requirements of this Directive. Frequency: Event-triggered Check frequency: Event-triggered Products/Services: WEEE treated outside the Member State or the Union, or exported from the Union Checking responsibility: Companies exporting WEEE or arranging its treatment Check method: Review of shipment documents and proof of equivalent treatment conditions Rule set: - Source reference: Article 10(2) Source excerpt: WEEE exported out of the Union shall only count towards the fulfilment of obligations and targets set out in Article 11 of this Directive if, in compliance with Regulations (EC) No 1013/2006 and (EC) No 1418/2007, the exporter can prove that the treatment took place in conditions that are equivalent to the requirements of this Directive.
Meeting recovery and recycling targets	Other	-
Description: Meet the minimum recovery, preparing-for-reuse and recycling targets set out in Annex V. Frequency: Annual Check frequency: Annual Products/Services: All separately collected WEEE categories Checking responsibility: Producers or third parties acting on their behalf Check method: Calculation of recovery, preparing-for-reuse and recycling rates based on weights and categories Rule set: - Source reference: Article 11(1) Source excerpt: Member States shall ensure that producers meet the minimum targets set out in Annex V.
WEEE weight records	Record Keeping	-
Description: Keep records of the weight of WEEE, components, materials and substances when leaving collection facilities, entering and leaving treatment facilities, and entering recovery, recycling or preparing-for-reuse facilities. Frequency: Continuous Check frequency: Continuous Products/Services: WEEE, components, materials and substances from collection and treatment Checking responsibility: Producers or third parties acting on their behalf Check method: Review of weight records at the output and input points of collection, treatment and recovery facilities Rule set: - Source reference: Article 11(4) Source excerpt: producers or third parties acting on their behalf keep records on the weight of WEEE, its components, materials or substances when leaving (output) the collection facility, entering (input) and leaving (output) the treatment facilities and when entering (input) the recovery or recycling/preparing for re-use facility.
Financing household WEEE	Other	-
Description: Finance at least the collection, treatment, recovery and environmentally sound disposal of WEEE from private households deposited at the designated collection facilities. Frequency: Continuous Check frequency: Continuous Products/Services: WEEE from private households Checking responsibility: Producers Check method: Review of financing evidence and individual or collective financing schemes Rule set: - Source reference: Article 12(1) Source excerpt: producers provide at least for the financing of the collection, treatment, recovery and environmentally sound disposal of WEEE from private households that has been deposited at collection facilities set up under Article 5(2).
Financial guarantee for WEEE	Other	-
Description: When placing each product on the market, provide a guarantee that management of all resulting WEEE will be financed; the guarantee may be participation in a financing scheme, recycling insurance or a blocked bank account. Frequency: Event-triggered Check frequency: Event-triggered Products/Services: EEE placed on the market after 13 August 2005 Checking responsibility: Producers Check method: Verification of the financing guarantee when placing products on the market Rule set: - Source reference: Article 12(3) Source excerpt: Member States shall ensure that each producer provides a guarantee when placing a product on the market showing that the management of all WEEE will be financed
Financing non-household WEEE	Other	-
Description: Finance the costs of collection, treatment, recovery and environmentally sound disposal of WEEE from users other than private households according to the statutory allocation rules. Frequency: Continuous Check frequency: Continuous Products/Services: WEEE from commercial, industrial, institutional and other users Checking responsibility: Producers and, where applicable, users other than private households Check method: Review of financing arrangements and cost coverage Rule set: - Source reference: Article 13(1) Source excerpt: Member States shall ensure that the financing of the costs for the collection, treatment, recovery and environmentally sound disposal of WEEE from users other than private households resulting from products placed on the market after 13 August 2005 is to be provided for by producers.
Treatment information for facilities	Reporting	-
Description: Within one year after first placing each new type of EEE on the market, provide free information on preparing for reuse and treatment, including information on components, materials and dangerous substances and mixtures. Frequency: Event-triggered Check frequency: Event-triggered Products/Services: EEE first placed on the Union market Checking responsibility: Producers Check method: Review of the technical manuals or electronic information provided Rule set: - Source reference: Article 15(1) Source excerpt: Member States shall take the necessary measures to ensure that producers provide information free of charge about preparation for re-use and treatment in respect of each type of new EEE placed for the first time on the Union market within one year after the equipment is placed on the market.
Marking of EEE	Governance	-
Description: Mark EEE with the separate-collection symbol and, where required, with a mark indicating placement on the market after 13 August 2005. Frequency: Event-triggered Check frequency: Event-triggered Products/Services: EEE placed on the market Checking responsibility: Producers Check method: Visual inspection of marking on the equipment, packaging, instructions or warranty Rule set: - Source reference: Article 14(4) Source excerpt: Member States shall ensure that producers appropriately mark — preferably in accordance with the European standard EN 50419 — EEE placed on the market with the symbol shown in Annex IX.
Producer registration and information reporting	Reporting	-
Description: Be registered in the relevant national register, submit the information required in Annex X, Part A upon registration, and provide the information required in Annex X, Part B. Frequency: Event-triggered Check frequency: Event-triggered Products/Services: Producers, including distance-selling producers, and, where applicable, their authorised representatives Checking responsibility: Producers or appointed authorised representatives Check method: Cross-check against the national producer register and review of submitted registration data Rule set: - Source reference: Article 16(2)(a)-(c) Source excerpt: each producer, or each authorised representative where appointed under Article 17, is registered as required ... upon registering, each producer ... provides the information set out in Annex X, Part A ... each producer ... provides the information set out in Annex X, Part B
Evidence for shipments of used EEE	Record Keeping	-
Description: For shipments claimed to concern used EEE, retain the required evidence, functionality tests, records, transport documents and declarations, and ensure adequate protection against transport damage. Frequency: Event-triggered Check frequency: Event-triggered Products/Services: EEE and WEEE transported in shipments Checking responsibility: Holder arranging transport of used EEE Check method: Review of invoices, contracts, functionality tests, records, transport documents and declarations Rule set: - Source reference: Annex VI, point 1 Source excerpt: In order to distinguish between EEE and WEEE, where the holder of the object claims that he intends to ship or is shipping used EEE and not WEEE, Member States shall require the holder to have available the following to substantiate this claim

Measures

No measures.

Penalties

	Description	Kind	Rule set
	Effective, proportionate and dissuasive penalties for infringements of national provisions implementing the Directive; the specific penalty is determined by the Member States.	Other	-
	Responsible authority: Member States and authorities designated under national implementing law Source reference: Article 22 Source excerpt: The Member States shall lay down the rules on penalties applicable to infringements of the national provisions adopted pursuant to this Directive and shall take all measures necessary to ensure that they are implemented. The penalties provided for must be effective, proportionate and dissuasive.

Milestones

Date	Type	Description
2012-07-04	Adopted	Adoption of Directive 2012/19/EU
Source reference: Final clause Source excerpt: Done at Strasbourg, 4 July 2012.
2012-07-24	Other	Publication in the Official Journal of the European Union
Source reference: Official Journal header Source excerpt: 24.7.2012
2012-08-13	Entry into Force	Entry into force and start of the transitional scope period
Source reference: Article 26 Source excerpt: This Directive shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.
2012-08-13	Application Start	Application starts for EEE in the categories in Annex I
Source reference: Article 2(1)(a) Source excerpt: from 13 August 2012 to 14 August 2018 (transitional period), subject to paragraph 3, to EEE falling within the categories set out in Annex I.
2014-02-14	Transposition Deadline	Deadline for transposition into national law
Source reference: Article 24(1) Source excerpt: Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive by 14 February 2014.
2014-02-15	Repeal	Repeal of Directive 2002/96/EC
Source reference: Article 25 Source excerpt: Directive 2002/96/EC as amended by the Directives listed in Annex XI, Part A is repealed with effect from 15 February 2014
2015-08-14	Other	Deadline for the scope review report and certain implementing measures
Source reference: Article 2(5) Source excerpt: No later than 14 August 2015, the Commission shall review the scope of this Directive
2015-08-15	Application Start	Start of the second recovery and recycling target period
Source reference: Annex V, Part 2 Source excerpt: Minimum targets applicable by category from 15 August 2015 until 14 August 2018
2016-01-01	Application Start	Start of the annual minimum collection rate of 45%
Source reference: Article 7(1) Source excerpt: From 2016, the minimum collection rate shall be 45 %
2018-08-15	Application Start	Start of the open scope covering all EEE
Source reference: Article 2(1)(b) Source excerpt: from 15 August 2018, subject to paragraphs 3 and 4, to all EEE.
2018-08-15	Application Start	Start of the third recovery and recycling target period
Source reference: Annex V, Part 3 Source excerpt: Minimum targets applicable by category from 15 August 2018 with reference to the categories listed in Annex III
2019-01-01	Application Start	Start of the minimum collection rate of 65% or 85% of WEEE generated
Source reference: Article 7(1) Source excerpt: From 2019, the minimum collection rate to be achieved annually shall be 65 % of the average weight of EEE placed on the market in the three preceding years in that Member State, or alternatively 85 % of WEEE generated on the territory of that Member State.
2021-08-14	Other	Latest postponement date for certain Member States to achieve the collection rate
Source reference: Article 7(3)(b) Source excerpt: postpone the achievement of the collection rate referred to in the second subparagraph of paragraph 1 until a date of their own choice which shall not be later than 14 August 2021.

Linked regulations

	Type	Regulation
	Repeals	Directive 2002/96/EC
	Source reference: Article 25 Source excerpt: Directive 2002/96/EC as amended by the Directives listed in Annex XI, Part A is repealed with effect from 15 February 2014, without prejudice to the obligations of the Member States relating to the time limits for transposition into national law and application of the Directives set out in Annex XI, Part B.
	Cites	Directive 2008/98/EC
	Source reference: Recital (4) Source excerpt: This Directive supplements the general waste management legislation of the Union, such as Directive 2008/98/EC of the European Parliament and of the Council of 19 November 2008 on waste
	Cites	Directive 2009/125/EC
	Source reference: Recital (4) Source excerpt: Directive 2009/125/EC of the European Parliament and of the Council establishes a framework for setting ecodesign requirements for energy-related products and enables the adoption of specific ecodesign requirements for energy-related products which may also be covered by this Directive.
	Cites	Directive 2002/95/EC
	Source reference: Recital (4) Source excerpt: Directive 2002/95/EC of the European Parliament and of the Council of 27 January 2003 on the restriction of the use of certain hazardous substances in electrical and electronic equipment requires the substitution of banned substances in respect of all electrical and electronic equipment (EEE) within its scope.
	Cites	Directive 2006/66/EC
	Source reference: Recital (9) Source excerpt: in particular Directive 2006/66/EC of the European Parliament and of the Council of 6 September 2006 on batteries and accumulators and waste batteries and accumulators
	Cites	Regulation (EC) No 1005/2009
	Source reference: Recital (9) Source excerpt: in particular Regulation (EC) No 1005/2009 of the European Parliament and of the Council of 16 September 2009 on substances that deplete the ozone layer
	Cites	Regulation (EC) No 842/2006
	Source reference: Recital (9) Source excerpt: and Regulation (EC) No 842/2006 of the European Parliament and of the Council of 17 May 2006 on certain fluorinated greenhouse gases.
	Cites	Regulation (EC) No 1013/2006
	Source reference: Recital (15) Source excerpt: It is appropriate to lay down minimum requirements for shipments of used EEE suspected to be WEEE, in the application of which Member States may have regard to any relevant Correspondents’ Guidelines elaborated in the context of the implementation of Regulation (EC) No 1013/2006 of the European Parliament and of the Council of 14 June 2006 on shipments of waste
	Cites	Directive 2008/1/EC
	Source reference: Recital (17) Source excerpt: The best available treatment, recovery and recycling techniques may be further defined in accordance with the procedures of Directive 2008/1/EC of the European Parliament and of the Council of 15 January 2008 concerning integrated pollution prevention and control
	Cites	Environmental Liability Directive
	Source reference: Recital (28) Source excerpt: without prejudice to Directive 2004/35/EC of the European Parliament and of the Council of 21 April 2004 on environmental liability with regard to the prevention and remedying of environmental damage
	Cites	Directive 2008/98/EC
	Source reference: Article 1 Source excerpt: This Directive lays down measures to protect the environment and human health by preventing or reducing the adverse impacts of the generation and management of waste from electrical and electronic equipment (WEEE) and by reducing overall impacts of resource use and improving the efficiency of such use in accordance with Articles 1 and 4 of Directive 2008/98/EC, thereby contributing to sustainable development.
	Cites	REACH Regulation
	Source reference: Article 2(2) Source excerpt: This Directive shall apply without prejudice to the requirements of Union legislation on safety and health, on chemicals, in particular Regulation (EC) No 1907/2006 of the European Parliament and of the Council of 18 December 2006 concerning the Registration, Evaluation, Authorisation and Restriction of Chemicals (REACH), establishing a European Chemicals Agency
	Cites	Directive 2008/98/EC
	Source reference: Article 3(1)(e) Source excerpt: ‘waste electrical and electronic equipment’ or ‘WEEE’ means electrical or electronic equipment which is waste within the meaning of Article 3(1) of Directive 2008/98/EC
	Cites	Directive 97/7/EC
	Source reference: Article 3(1)(f) Source excerpt: ‘producer’ means any natural or legal person who, irrespective of the selling technique used, including distance communication within the meaning of Directive 97/7/EC of the European Parliament and of the Council of 20 May 1997 on the protection of consumers in respect of distance contracts
	Cites	Council Directive 93/42/EEC
	Source reference: Article 3(1)(m) Source excerpt: ‘medical device’ means a medical device or accessory within the meaning of, respectively, point (a) or (b) of Article 1(2) of Council Directive 93/42/EEC of 14 June 1993 concerning medical devices
	Cites	Directive 98/79/EC
	Source reference: Article 3(1)(n) Source excerpt: ‘in vitro diagnostic medical device’ means an in vitro diagnostic device or accessory within the meaning of, respectively, point (b) or (c) of Article 1(2) of Directive 98/79/EC of the European Parliament and of the Council of 27 October 1998 on in vitro diagnostic medical devices
	Cites	Council Directive 90/385/EEC
	Source reference: Article 3(1)(o) Source excerpt: ‘active implantable medical device’ means an active implantable medical device within the meaning of point (c) of Article 1(2) of Council Directive 90/385/EEC of 20 June 1990 on the approximation of the laws of the Member States relating to active implantable medical devices
	Cites	Directive 2008/98/EC
	Source reference: Article 3(2) Source excerpt: In addition, the definitions of ‘hazardous waste’, ‘collection’, ‘separate collection’, ‘prevention’, ‘re-use’, ‘treatment’, ‘recovery’, ‘preparing for re-use’, ‘recycling’ and ‘disposal’ laid down in Article 3 of Directive 2008/98/EC shall apply.
	Cites	Directive 2009/125/EC
	Source reference: Article 4 Source excerpt: Member States shall, without prejudice to the requirements of Union legislation on the proper functioning of the internal market and on product design, including Directive 2009/125/EC, encourage cooperation between producers and recyclers and measures to promote the design and production of EEE
	Cites	Regulation (EC) No 1013/2006
	Source reference: Article 10(1) Source excerpt: The treatment operation may also be undertaken outside the respective Member State or the Union provided that the shipment of WEEE is in compliance with Regulation (EC) No 1013/2006 and Commission Regulation (EC) No 1418/2007 of 29 November 2007 concerning the export for recovery of certain waste listed in Annex III or IIIA to Regulation (EC) No 1013/2006
	Cites	Commission Regulation (EC) No 1418/2007
	Source reference: Article 10(1) Source excerpt: The treatment operation may also be undertaken outside the respective Member State or the Union provided that the shipment of WEEE is in compliance with Regulation (EC) No 1013/2006 and Commission Regulation (EC) No 1418/2007 of 29 November 2007 concerning the export for recovery of certain waste listed in Annex III or IIIA to Regulation (EC) No 1013/2006
	Cites	RoHS Directive (restriction of hazardous substances in EEE)
	Source reference: Article 19 Source excerpt: When amending Annex VII, the exemptions granted under Directive 2011/65/EU of the European Parliament and of the Council of 8 June 2011 on the restriction of the use of certain hazardous substances in electrical and electronic equipment shall be taken into consideration.
	Cites	Directive 2008/98/EC
	Source reference: Article 21(1) Source excerpt: The Commission shall be assisted by the Committee established by Article 39 of Directive 2008/98/EC.
	Cites	Directive 2008/98/EC
	Source reference: Article 22 Source excerpt: The Member States shall lay down the rules on penalties applicable to infringements of the national provisions adopted pursuant to this Directive and shall take all measures necessary to ensure that they are implemented.
	Cites	Regulation (EC) No 1013/2006
	Source reference: Article 23(1)(b) Source excerpt: shipments, in particular exports of WEEE outside the Union in compliance with Regulation (EC) No 1013/2006 and Regulation (EC) No 1418/2007
	Cites	Regulation (EC) No 1418/2007
	Source reference: Article 23(1)(b) Source excerpt: shipments, in particular exports of WEEE outside the Union in compliance with Regulation (EC) No 1013/2006 and Regulation (EC) No 1418/2007
	Cites	Directive 2008/98/EC
	Source reference: Annex VII, point 1 Source excerpt: These substances, mixtures and components shall be disposed of or recovered in compliance with Directive 2008/98/EC.
	Cites	Regulation (EC) No 1005/2009
	Source reference: Annex VII, point 2 Source excerpt: Ozone-depleting gases must be treated in accordance with Regulation (EC) No 1005/2009.

WEEE Directive In force Unlisted