Electronisch en elektrisch afval: Commissie neemt actie tegen acht lidstaten (en)
The European Commission has formally asked eight Member States (Estonia, Finland, France, Greece, Italy, Malta, Poland and the UK) to transpose into their national laws three EU Directives tackling the environmental problems caused by the growing amount of electronic and electrical waste. This should have been done by 13 August 2004. If a Member State fails to comply with this request, the Commission could take it to the European Court of Justice. The Directives in question aim to ensure that e-waste, which often contains hazardous materials, is not simply thrown away, but is collected, recycled and reused, with the remaining waste being properly treated. The actions are part of a series of environment-related infringement decisions against several Member States which the Commission is currently announcing.
;Environment Commissioner Stavros Dimas said: "Nobody wants to see old computers and television sets piling up at the roadside and polluting the environment. Therefore efficient collection and recycling/reuse is necessary. Member States have agreed on ambitious legislation to tackle the problems caused by rapidly growing amounts of E-waste. But they also have to do the follow-up work and implement what they have agreed."
;EU legislation on electrical and electronic waste
;In 2002, the Council and European Parliament adopted the Directive on Waste Electrical and Electronic Equipment (WEEE Directive)[1]. This Directive requires Member States to ensure the establishment of systems for the collection of e-waste (by August 2005). Furthermore, they have to ensure its reuse, recovery and recycling, and the sound disposal of the remaining waste. When the collection systems are in place, consumers will be able to take these products back to shops and collection points for free. The Directive also sets collection, re-use and recycling targets and outlines the financial obligations of producers. A 2003 amendment to the WEEE Directive[2] further clarifies those obligations with regard to the financing of professional (i.e. non-household) equipment.
;Together with the WEEE Directive, the Council and European Parliament adopted the Directive on the Restriction of the Use of Hazardous Substances (RoHS)[3]. This Directive bans certain hazardous substances from electronic equipment from 1 July 2006 onward to facilitate recycling, and to reduce emissions when the remaining e-waste is landfilled or incinerated.
;The banned substances include heavy metals and a number of hazardous industrial chemicals. They can cause asthma and cancer, and damage the brain, liver, kidneys and the nervous and cardio-vascular systems.
;In the EU, electro-scrap is the fastest growing waste stream, growing at 3-5% per year, which is three times faster than average waste. Each EU citizen currently produces around 17-20 kg of e-waste per year. Some 90% of this waste is still landfilled, incinerated, or recovered without any pre-treatment. This allows the substances it contains to make their way into soil, water and air where they pose a risk to human health.
;The transposition of all three Directives was due before 13 August 2004. France, ;Italy and the United Kingdom have failed to transpose all three Directives. Finland has not yet transposed the three Directives in the province of Aland. Greece has transposed the earlier WEEE and RoHS Directives, but not the amendment to the WEEE Directive. Estonia, Malta and Poland have transposed the RoHS Directive but not yet the WEEE Directive and its amendment.
;The Commission has therefore sent final written warnings - the last step before referral to the European Court of Justice - to the eight Member States
;Legal Process
;Standard procedure
;Article 226 of the Treaty gives the Commission powers to take legal action against a Member State that is not respecting its obligations.
;If the Commission considers that there may be an infringement of EU law that warrants the opening of an infringement procedure, it addresses a "Letter of Formal Notice" (first written warning) to the Member State concerned, requesting it to submit its observations by a specified date, usually two months.
;In the light of the reply or absence of a reply from the Member State concerned, the Commission may decide to address a "Reasoned Opinion" (final written warning) to the Member State. This clearly and definitively sets out the reasons why it considers there to have been an infringement of EU law and calls upon the Member State to comply within a specified period, normally two months.
;If the Member State fails to comply with the Reasoned Opinion, the Commission may decide to bring the case before the European Court of Justice. Where the Court of Justice finds that the Treaty has been infringed, the offending Member State is required to take the measures necessary to conform.
;The infringement actions mentioned in this press release have been taken under Article 226 unless otherwise stated.
;`Follow-up' procedure
;Article 228 of the Treaty gives the Commission power to act against a Member State that does not comply with a previous judgement of the European Court of Justice, again by issuing a first written warning ("Letter of Formal Notice") and then a second and final written warning ("Reasoned Opinion"). The article then allows the Commission to ask the Court to impose a financial penalty on the Member State concerned.
;For current statistics on infringements in general see:
;http://europa.eu.int/comm/secretariat_general/sgb/droit_com/index_en.htm#infractions
;For rulings by the European Court of Justice see:
;http://curia.eu.int/en/content/juris/index.htm
;For more information about the WEEE and RoHS Directives see:
;IP/04/1033, MEMO/05/248 and
;http://europa.eu.int/comm/environment/waste/weee_index.htm
; ;[1] Directive 2002/96/EC of the European Parliament and of the Council of 27 January 2003 on waste electrical and electronic equipment, as amended by Directive 2003/108/EC
;[2] Directive 2003/108/EC of the European Parliament and of the Council of 8 December 2003 amending Directive 2002/96/EC on waste electrical and electronic equipment (WEEE)
;[3] 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