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Waste Electrical and Electronic Equipment Directive In force

Overview

Jurisdiction
European Union
Topic
Environment
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
2026-08-06
Withdrawn at
-
Description
Rules on the prevention and management of waste electrical and electronic equipment (WEEE), including requirements for producer responsibility, separate collection, treatment, recovery, financing, registration and reporting.

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Sources

Source URL Crawler Publish date
https://publications.europa.eu/resource/celex/32012L0019 Schokolade

Logs

Type Status Started at Finished at
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Rule sets

Label Effective
Producers of EEE during the first transitional phase 2012-08-13 — 2015-08-14
Applies from milestone:
Application Start (2012-08-13)
Expires at milestone:
-
Conditions:
  • Products contains No Linked Attribute Value “EEE falling within the categories set out in Annex I”
Producers of EEE during the second transitional phase 2015-08-15 — 2018-08-14
Applies from milestone:
Application Start (2015-08-15)
Expires at milestone:
-
Conditions:
  • Products contains No Linked Attribute Value “EEE categories in Annex I”
Producers of EEE under the open scope 2018-08-15 — 9999-12-31
Applies from milestone:
Application Start (2018-08-15)
Expires at milestone:
-
Conditions:
  • Products contains No Linked Attribute Value “all EEE”
Companies carrying out WEEE collection or treatment 2012-08-13 — 9999-12-31
Applies from milestone:
Application Start (2012-08-13)
Expires at milestone:
-
Conditions:
  • Activities contains No Linked Attribute Value “WEEE collection” “WEEE treatment”
Companies shipping used EEE across borders 2012-08-13 — 9999-12-31
Applies from milestone:
Application Start (2012-08-13)
Expires at milestone:
-
Conditions:
  • Activities contains No Linked Attribute Value “arranging shipment of used EEE”

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
Finance household WEEE management Other -
Description:
Finance at least the collection, treatment, recovery and environmentally sound disposal of WEEE from private households.
Frequency:
Continuous
Check frequency:
Event-triggered
Products/Services:
Electrical and electronic equipment (EEE)
Checking responsibility:
Competent national authorities
Check method:
Review of market placement and financing arrangements
Rule set:
-
Source reference:
Artikel 12 Absatz 1
Source excerpt:
Member States shall ensure that 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).
Finance waste from own products Other -
Description:
Finance management of waste from the company’s own products individually or through a collective scheme.
Frequency:
Continuous
Check frequency:
Event-triggered
Products/Services:
Products placed on the market after 13 August 2005
Checking responsibility:
Competent national authorities
Check method:
Review of financing and the chosen individual or collective scheme
Rule set:
-
Source reference:
Artikel 12 Absatz 3
Source excerpt:
For products placed on the market later than 13 August 2005, each producer shall be responsible for financing the operations referred to in paragraph 1 relating to the waste from his own products. The producer may choose to fulfil this obligation either individually or by joining a collective scheme.
Provide a financial guarantee Other -
Description:
Provide a guarantee when placing each product on the market showing that management of all WEEE will be financed.
Frequency:
Event-triggered
Check frequency:
Event-triggered
Products/Services:
EEE placed on the market
Checking responsibility:
Competent national authorities
Check method:
Review of the guarantee when placing products on the market
Rule set:
-
Source reference:
Artikel 12 Absatz 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
Mark EEE Other -
Description:
Mark EEE visibly, legibly and indelibly with the separate-collection symbol; exceptionally print it on the packaging, instructions or warranty.
Frequency:
Event-triggered
Check frequency:
Event-triggered
Products/Services:
EEE placed on the market
Checking responsibility:
Competent national authorities
Check method:
Visual review of product marking
Rule set:
-
Source reference:
Artikel 14 Absatz 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.
Provide treatment information Reporting -
Description:
Within one year after placing equipment on the market, provide free information on preparation for re-use and treatment, including components, materials and dangerous substances and mixtures.
Frequency:
Event-triggered
Check frequency:
Event-triggered
Products/Services:
New EEE placed for the first time on the Union market
Checking responsibility:
Competent national authorities
Check method:
Review whether information was provided within one year
Rule set:
-
Source reference:
Artikel 15 Absatz 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.
Register as a producer Record Keeping -
Description:
Register in the relevant national register and provide and update the required information.
Frequency:
One-time
Check frequency:
Event-triggered
Products/Services:
EEE producers and authorised representatives
Checking responsibility:
National registers and competent authorities
Check method:
Cross-check against the national producer register
Rule set:
-
Source reference:
Artikel 16 Absatz 2 Buchstabe a
Source excerpt:
each producer, or each authorised representative where appointed under Article 17, is registered as required and has the possibility of entering online in their national register all relevant information reflecting that producer’s activities in that Member State
Report producer information Reporting -
Description:
Provide the registration and reporting information required by Annex X.
Frequency:
Other
Check frequency:
Other
Products/Services:
EEE producers and authorised representatives
Checking responsibility:
National registers and competent authorities
Check method:
Review of submitted register and activity information
Rule set:
-
Source reference:
Artikel 16 Absatz 2 Buchstabe c
Source excerpt:
each producer, or each authorised representative where appointed under Article 17, provides the information set out in Annex X, Part B
Treat WEEE in accordance with technical requirements Due Diligence -
Description:
Store and treat WEEE during collection or treatment in compliance with the technical requirements in Annex VIII.
Frequency:
Continuous
Check frequency:
Continuous
Products/Services:
WEEE and treatment facilities
Checking responsibility:
Competent authorities
Check method:
Inspection of facilities, processes and technical equipment
Rule set:
-
Source reference:
Artikel 8 Absatz 3
Source excerpt:
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.
Obtain a treatment permit Approval -
Description:
Obtain a permit from the competent authorities before carrying out treatment operations, or complete the required registration.
Frequency:
One-time
Check frequency:
Event-triggered
Products/Services:
Companies carrying out treatment operations
Checking responsibility:
Competent authorities
Check method:
Review of permit or registration
Rule set:
-
Source reference:
Artikel 9 Absatz 1
Source excerpt:
Member States shall ensure that any establishment or undertaking carrying out treatment operations obtains a permit from the competent authorities in compliance with Article 23 of Directive 2008/98/EC.
Keep weight records Record Keeping -
Description:
Keep weight records when WEEE leaves collection facilities, enters and leaves treatment facilities, and enters recovery, recycling or preparation-for-reuse facilities.
Frequency:
Continuous
Check frequency:
Continuous
Products/Services:
WEEE and its components, materials or substances
Checking responsibility:
Competent authorities
Check method:
Review of weight records at collection, treatment and recovery facilities
Rule set:
-
Source reference:
Artikel 11 Absatz 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.
Maintain shipment evidence for used EEE Record Keeping -
Description:
When arranging a shipment, keep the required sale, testing, functionality, transport and liability evidence available and protect the load against transport damage.
Frequency:
Event-triggered
Check frequency:
Event-triggered
Products/Services:
Used EEE shipped as EEE rather than WEEE
Checking responsibility:
Member State authorities
Check method:
Document review, functionality testing and review of transport records
Rule set:
-
Source reference:
Anhang VI Nummer 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:
Collect non-household WEEE Other -
Description:
Provide for the collection of WEEE from users other than private households directly or through third parties.
Frequency:
Continuous
Check frequency:
Continuous
Products/Services:
WEEE from users other than private households
Checking responsibility:
Competent national authorities
Check method:
Review of collection arrangements and contractual responsibility
Rule set:
-
Source reference:
Artikel 5 Absatz 5
Source excerpt:
Member States shall ensure that producers or third parties acting on their behalf provide for the collection of such waste.
Set up WEEE recovery systems and meet targets Governance -
Description:
Set up systems for the recovery of WEEE and meet the minimum recovery targets in Annex V; systems may be operated individually or collectively.
Frequency:
Continuous
Check frequency:
Continuous
Products/Services:
Separately collected WEEE sent for treatment
Checking responsibility:
Competent authorities
Check method:
Review of treatment and recovery evidence
Rule set:
-
Source reference:
Artikel 8 Absatz 3 und Artikel 11 Absatz 1
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. The systems may be set up by producers individually or collectively.
Appoint an authorised representative Governance -
Description:
Where required, appoint an authorised representative in the Member State of sale by written mandate.
Frequency:
Event-triggered
Check frequency:
Event-triggered
Products/Services:
Producers selling EEE cross-border
Checking responsibility:
Competent national authorities
Check method:
Review of the written mandate and representative appointment
Rule set:
-
Source reference:
Artikel 17 Absatz 3
Source excerpt:
Appointment of an authorised representative shall be by written mandate.

Measures

No measures.

Penalties

Description Kind Rule set
Effective, proportionate and dissuasive penalties for infringements of national implementing provisions; the specific type and amount are determined by the Member States. Other -
Responsible authority:
Mitgliedstaaten und zuständige nationale Behörden
Source reference:
Artikel 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:
Finale Zeichnungszeile
Source excerpt:
Done at Strasbourg, 4 July 2012.
2012-08-13 Application Start Application starts for EEE in the categories of Annex I
Source reference:
Artikel 2 Absatz 1 Buchstabe 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.
2013-02-14 Other Deadline for the Commission to request European treatment standards
Source reference:
Artikel 8 Absatz 5
Source excerpt:
The Commission shall, not later than 14 February 2013, request the European standardisation organisations to develop European standards for the treatment, including recovery, recycling and preparing for re-use, of WEEE.
2014-02-14 Transposition Deadline Deadline for transposition into national law
Source reference:
Artikel 24 Absatz 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:
Artikel 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
2015-08-15 Application Start Start of the second transitional phase
Source reference:
Anhang V Teil 2
Source excerpt:
Part 2: Minimum targets applicable by category from 15 August 2015 until 14 August 2018
2016-08-13 Application Start Start of the annual minimum collection rate of 45%
Source reference:
Artikel 7 Absatz 1
Source excerpt:
From 2016, the minimum collection rate shall be 45 % calculated on the basis of the total weight of WEEE collected in accordance with Articles 5 and 6 in a given year in the Member State concerned, expressed as a percentage of the average weight of EEE placed on the market in the three preceding years in that Member State.
2018-08-15 Application Start Start of the open scope covering all EEE
Source reference:
Artikel 2 Absatz 1 Buchstabe b
Source excerpt:
from 15 August 2018, subject to paragraphs 3 and 4, to all EEE.
2019-01-01 Application Start Start of the annual minimum collection rate of 65% or 85% of generated WEEE
Source reference:
Artikel 7 Absatz 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 the Member State concerned, 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:
Artikel 7 Absatz 3 Buchstabe 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
Cites REACH Regulation
Cites RoHS Directive (restriction of hazardous substances in EEE)
Cites Environmental Liability Directive
Cites Directive 2004/35/EC