L 197/38
EN
Official Journal of the European Union
24.7.2012
DIRECTIVE 2012/19/EU OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL
of 4 July 2012
on waste electrical and electronic equipment (WEEE)
(recast)
(Text with EEA relevance)
THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE
inter alia, the reduction of wasteful consumption of
EUROPEAN UNION,
natural resources and the prevention of pollution. It
mentioned waste electrical and electronic equipment
(WEEE) as one of the target areas to be regulated, in
Having regard to the Treaty on the Functioning of the European
view of the application of the principles of prevention,
Union, and in particular Article 192(1) thereof,
recovery and safe disposal of waste.
Having regard to the proposal from the European Commission,
(4) This Directive supplements the general waste
management legislation of the Union, such as Directive
2008/98/EC of the European Parliament and of the
Having regard to the opinion of the European Economic and
Council of 19 November 2008 on waste ( 6 ). It refers to
Social Committee ( 1 ),
the definitions in that Directive, including the definitions
of waste and general waste management operations. The
definition of collection in Directive 2008/98/EC includes
Having regard to the opinion of the Committee of the
the preliminary sorting and preliminary storage of waste
Regions ( 2 ),
for the purposes of transport to a waste treatment
facility. Directive 2009/125/EC of the European
Parliament and of the Council
(
Acting in accordance with the ordinary legislative procedure (

7 ) establishes a

3 ),
framework for setting ecodesign requirements for
energy-related products and enables the adoption of
Whereas:
specific ecodesign requirements for energy-related

products which may also be covered by this Directive.
Directive 2009/125/EC and the implementing measures
(1) A
number
of
substantial
changes
are
to
be
made
to
adopted pursuant thereto are without prejudice to the
Directive 2002/96/EC of the European Parliament and
waste management legislation of the Union. Directive
of the Council of 27 January 2003 on waste electrical
2002/95/EC of the European Parliament and of the
and electronic equipment (WEEE) (
Council of 27 January 2003 on the restriction of the

4 ). In the interests of
clarity, that Directive should be recast.
use of certain hazardous substances in electrical and elec
tronic equipment ( 8 ) requires the substitution of banned
substances in respect of all electrical and electronic
(2) The
objectives
of
the
Union’s
environment
policy
are,
in
equipment (EEE) within its scope.
particular, to preserve, protect and improve the quality of
the environment, to protect human health and to utilise
natural resources prudently and rationally. That policy is
(5) As
the
market
continues
to
expand
and
innovation
cycles
based on the precautionary principle and the principles
become even shorter, the replacement of equipment
that preventive action should be taken, that environ
accelerates, making EEE a fast-growing source of waste.
mental damage should, as a priority, be rectified at
While Directive 2002/95/EC has contributed effectively
source and that the polluter should pay.
to reducing hazardous substances contained in new EEE,
hazardous substances such as mercury, cadmium, lead,
hexavalent chromium and polychlorinated biphenyls
(3) The
Community
programme
of
policy
and
action
in
(PCBs) and ozone-depleting substances will still be
relation to the environment and sustainable development
present in WEEE for many years. The content of
(Fifth Environmental Action Programme) ( 5 ) stated that
hazardous components in EEE is a major concern
the achievement of sustainable development calls for
during the waste management phase, and recycling of
significant changes in current patterns of development,
WEEE is not undertaken to a sufficient extent. A lack
production, consumption and behaviour and advocates,
of recycling results in the loss of valuable resources.
( 1 ) OJ C 306, 16.12.2009, p. 39.
( 2 ) OJ C 141, 29.5.2010, p. 55.
(6) The
purpose
of
this
Directive
is
to
contribute
to
( 3 ) Position of the European Parliament of 3 February 2011 (not yet
sustainable production and consumption by, as a first
published in the Official Journal) and position of the Council at first
priority, the prevention of WEEE and, in addition, by
reading of 19 July 2011 (not yet published in the Official Journal).
the re-use, recycling and other forms of recovery of
Position of the European Parliament of 19 January 2012 (not yet
published in the Official Journal) and decision of the Council of
7 June 2012.
( 6 ) OJ L 312, 22.11.2008, p. 3.
( 4 ) OJ L 37, 13.2.2003, p. 24.
( 7 ) OJ L 285, 31.10.2009, p. 10.
( 5 ) OJ C 138, 17.5.1993, p. 5.
( 8 ) OJ L 37, 13.2.2003, p. 19.

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EN
24.7.2012 Official
Journal
of
the
European
Union L
197/39
such wastes so as to reduce the disposal of waste and to
mixtures or components thereof should be in accordance
contribute to the efficient use of resources and the
with the relevant legislation of the Union, in particular
retrieval of valuable secondary raw materials. It also
Regulation (EC) No
1005/2009 of the European
seeks to improve the environmental performance of all
Parliament and of the Council of 16 September 2009
operators involved in the life cycle of EEE, e.g. producers,
on substances that deplete the ozone layer ( 2 ) and Regu
distributors and consumers and, in particular, those
lation (EC) No 842/2006 of the European Parliament and
operators directly involved in the collection and
of the Council of 17 May 2006 on certain fluorinated
treatment of WEEE. In particular, different national appli
greenhouse gases ( 3 ). The objectives of this Directive can
cations of the ‘producer responsibility’ principle may lead
be achieved without including large-scale fixed instal
to substantial disparities in the financial burden on
lations such as oil platforms, airport luggage transport
economic operators. Having different national policies
systems or elevators within its scope. However, any
on the management of WEEE hampers the effectiveness
equipment which is not specifically designed and
of recycling policies. For that reason, the essential criteria
installed as part of those installations, and which can
should be laid down at the level of the Union and
fulfil its function even if it is not part of those instal
minimum standards for the treatment of WEEE should
lations, should be included in the scope of this Directive.
be developed.
This refers for instance to equipment such as lighting
equipment or photovoltaic panels.
(7) The
provisions
of
this
Directive
should
apply
to
products
and producers irrespective of selling technique, including
(10) A
number
of
definitions
should
be
included
in
this
distance and electronic selling. In this connection, the
Directive in order to specify its scope. However, in the
obligations of producers and distributors using distance
framework of a revision of the scope, the definition of
and electronic selling channels should, as far as is prac
EEE should be further clarified in order to bring Member
ticable, take the same form, and should be enforced in
States’ relevant national measures and current, applied
the same way, as for other distribution channels, in order
and established practices closer together.
to avoid those other distribution channels having to bear
the costs resulting from this Directive arising from WEEE
for which the equipment was sold by distance or elec
tronic selling.
(11) Ecodesign requirements facilitating the re-use,
dismantling and recovery of WEEE should be laid
down in the framework of measures implementing
Directive 2009/125/EC. In order to optimise re-use and
recovery through product design, the whole life cycle of
(8) In order to fulfil the obligations pursuant to this
the product should be taken into account.
Directive in a given Member State, a producer should

be established in that Member State. By exception, to
reduce existing barriers to the proper functioning of
the internal market and administrative burdens,
Member States should allow producers that are not estab
(12) The
establishment,
by
this
Directive,
of
producer
respon
lished on their territory, but that are established in
sibility is one of the means of encouraging design and
another Member State, to appoint an authorised repre
production of EEE which take into full account and
sentative to be responsible for fulfilling the obligations of
facilitate its repair, possible upgrading, re-use,
that producer under this Directive. In addition, adminis
disassembly and recycling.
trative burdens should be reduced by simplifying regis
tration and reporting procedures and by ensuring that
duplicate charges are not levied for registrations within
individual Member States.
(13) In order to guarantee the safety and health of
distributors’ personnel involved in the take-back and
handling of WEEE, Member States should, in accordance
with national and Union legislation on safety and health
(9) This
Directive
should
cover
all
EEE
used
by
consumers
requirements, determine the conditions under which
and EEE intended for professional use. This Directive
take-back may be refused by distributors.
should apply without prejudice to Union legislation on
safety and health requirements protecting all actors in
contact with WEEE, as well as specific Union waste
management legislation, in particular Directive
(14) Separate
collection
is
a
precondition
for
ensuring
specific
2006/66/EC of the European Parliament and of the
treatment and recycling of WEEE and is necessary to
Council of 6 September 2006 on batteries and accumu
achieve the chosen level of protection of human health
lators and waste batteries and accumulators ( 1 ), and
and the environment in the Union. Consumers have to
Union product design legislation, in particular Directive
actively contribute to the success of such collection and
2009/125/EC. The preparing for re-use, recovery and
should be encouraged to return WEEE. For this purpose,
recycling of waste cooling equipment and the substances,
( 2 ) OJ L 286, 31.10.2009, p. 1.
( 1 ) OJ L 266, 26.9.2006, p. 1.
( 3 ) OJ L 161, 14.6.2006, p. 1.

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L 197/40
EN
Official Journal of the European Union
24.7.2012
convenient facilities should be set up for the return of
the waste stream. Such treatment is the most effective
WEEE, including public collection points, where private
means of ensuring compliance with the chosen level of
households should be able to return their waste at least
protection of the environment of the Union. Any estab
free of charge. Distributors have an important role in
lishment or undertaking carrying out collection, recycling
contributing to the success of WEEE collection.
and treatment operations should comply with minimum
Therefore, collection points set up at retail shops for
standards to prevent negative environmental impacts
very small WEEE should not be subject to the registration
associated with the treatment of WEEE. The best
or permit requirements of Directive 2008/98/EC.
available treatment, recovery and recycling techniques
should be used, provided that they ensure human
health and a high level of environmental protection.
Best available treatment, recovery and recycling tech
(15) In
order
to
attain
the
chosen
level
of
protection
and
the
niques may be further defined in accordance with the
harmonised environmental objectives of the Union,
procedures of Directive 2008/1/EC of the European
Member States should adopt appropriate measures to
Parliament and of the Council of 15 January 2008
minimise the disposal of WEEE as unsorted municipal
concerning integrated pollution prevention and
waste and to achieve a high level of separate collection
control ( 2 ).
of WEEE. In order to ensure that Member States strive to
set up efficient collection schemes, they should be
required to achieve a high level of collection of WEEE,
particularly for cooling and freezing equipment
containing ozone-depleting substances and fluorinated
(18) The Scientific Committee on Emerging and Newly
greenhouse gases, given their high environmental
Identified Health Risks, in its opinion on ‘Risk
impact and in view of the obligations contained in Regu
Assessment of Products of Nanotechnology’ of 19 January
lation (EC) No
842/2006 and Regulation (EC)
2009, stated that exposure to nanomaterials that are
No 1005/2009. Data included in the impact assessment
firmly embedded in large structures, for example in elec
carried out by the Commission in 2008 show that 65 %
tronic circuits, may occur in the waste phase and during
of the EEE placed on the market was already separately
recycling. To control possible risks to human health and
collected then, but more than half of this was potentially
the environment from the treatment of WEEE that
the object of improper treatment and illegal exports, and,
contains nanomaterials, it is appropriate for the
even when properly treated, this was not reported. This
Commission to assess whether specific treatment may
leads to losses of valuable secondary raw materials, envi
be necessary.
ronmental degradation, and provision of inconsistent
data. To avoid this, it is necessary to set an ambitious
collection target and to ensure that WEEE collected is
treated in an environmentally sound way and is
(19) The
collection,
storage,
transport,
treatment
and
recycling
correctly reported. It is appropriate to lay down
of WEEE as well as its preparation for re-use shall be
minimum requirements for shipments of used EEE
conducted with an approach geared to protecting the
suspected to be WEEE, in the application of which
environment and human health and preserving raw
Member States may have regard to any relevant
materials and shall aim at recycling valuable resources
Correspondents’ Guidelines elaborated in the context of
contained in EEE with a view to ensuring a better
the implementation of Regulation (EC) No 1013/2006 of
supply of commodities within the Union.
the European Parliament and of the Council of 14 June
2006 on shipments of waste
( 1 ). Such minimum
requirements should in any case have the purpose of
avoiding unwanted shipments of non-functional EEE to
(20) Where
appropriate,
priority
should
be
given
to
preparing
developing countries.
for re-use of WEEE and its components, sub-assemblies
and consumables. Where this is not preferable, all WEEE
collected separately should be sent for recovery, in the
course of which a high level of recycling and recovery
(16) The
setting
of
ambitious
collection
targets
should
be
should be achieved. In addition, producers should be
based on the amount of WEEE generated where due
encouraged to integrate recycled material in new
account is taken of the differing life cycles of products
equipment.
in the Member States, of non-saturated markets and of

EEE with a long life cycle. Therefore, a methodology for
calculating collection rates based on WEEE generated
should be developed in the near future. According to
current estimates, a collection rate of 85 % of WEEE
(21) The
recovery,
preparation
for
re-use
and
recycling
of
generated is broadly equivalent to a collection rate of
WEEE should be counted towards the achievement of
65 % of the average weight of EEE placed on the
the targets laid down in this Directive only if that
market in the three preceding years.
recovery, preparation for re-use or recycling does not
conflict with other Union or national legislation
applicable to the equipment. Ensuring proper preparation
for re-use, recycling and recovery of WEEE is important
(17) Specific
treatment
for
WEEE
is
indispensable
in
order
to
for sound resource management and will optimise supply
avoid the dispersion of pollutants in recycled material or
of resources.
( 1 ) OJ L 190, 12.7.2006, p. 1.
( 2 ) OJ L 24, 29.1.2008, p. 8.

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European
Union L
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(22) Basic
principles
with
regard
to
the
financing
of
WEEE
collect WEEE separately and about the collection systems
management have to be set at the level of the Union,
and their role in the management of WEEE is indis
and financing schemes have to contribute to high
pensable for the success of WEEE collection. Such
collection rates, as well as to the implementation of
information necessitates the proper marking of EEE
the principle of producer responsibility.
which could end up in rubbish bins or similar means
of municipal waste collection.
(23) Users
of
EEE
from
private
households
should
have
the
possibility of returning WEEE at least free of charge.
Producers should finance at least the collection from
collection facilities, and the treatment, recovery and
(26) Information
on
component
and
material
identification
to
disposal of WEEE. Member States should encourage
be provided by producers is important to facilitate the
producers to take full responsibility for the WEEE
management, and in particular the treatment and
collection, in particular by financing the collection of
recovery or recycling, of WEEE.
WEEE throughout the entire waste chain, including
from private households, in order to avoid separately
collected WEEE becoming the object of suboptimal
treatment and illegal exports, to create a level playing
field by harmonising producer financing across the
Union and to shift payment for the collection of this
(27) Member States should ensure that inspection and moni
waste from general tax payers to the consumers of
toring infrastructure enables the proper implementation
EEE, in line with the ‘polluter pays’ principle. In order
of this Directive to be verified, having regard, inter alia,
to give maximum effect to the concept of producer
to Recommendation 2001/331/EC of the European
responsibility, each producer should be responsible for
Parliament and of the Council of 4 April 2001
financing the management of the waste from his own
providing for minimum criteria for environmental
products. The producer should be able to choose to fulfil
inspections in the Member States (
this obligation either individually or by joining a

1 ).
collective scheme. Each producer should, when placing
a product on the market, provide a financial guarantee to
prevent costs for the management of WEEE from orphan
products from falling on society or the remaining
producers. The responsibility for the financing of the
management of historical waste should be shared by all
(28) Member
States
should
provide
for
effective,
proportionate
existing producers through collective financing schemes
and dissuasive penalties to be imposed on natural and
to which all producers that exist on the market when the
legal persons responsible for waste management, where
costs occur contribute proportionately. Collective
they infringe the provisions of this Directive. Member
financing schemes should not have the effect of
States should also be able to take action to recover the
excluding niche and low-volume producers, importers
costs of non-compliance and remedial measures, without
and new entrants. Collective schemes could provide for
prejudice to Directive 2004/35/EC of the European
differentiated fees based on how easily products and the
Parliament and of the Council of 21 April 2004 on
valuable secondary raw materials that they contain could
environmental liability with regard to the prevention
be recycled. In the case of products which have a long
and remedying of environmental damage ( 2 ).
life cycle and which are now covered by this Directive,
such as photovoltaic panels, the best possible use should
be made of existing collection and recovery systems,
provided that they meet the requirements laid down in
this Directive.
(29) Information
about
the
weight
of
EEE
placed
on
the
market in the Union and the rates of collection, prep
aration for re-use, including as far as possible preparation
(24) Producers
could
be
allowed
to
show
purchasers,
on
a
for re-use of whole appliances, recovery or recycling and
voluntary basis at the time of sale of new products, the
export of WEEE collected in accordance with this
costs of collecting, treating and disposing of WEEE in an
Directive is necessary to monitor the achievement of
environmentally sound way. This is in line with the
the objectives of this Directive. For the purposes of calcu
Commission Communication on Sustainable
lating collection rates, a common methodology for the
Consumption and Production and Sustainable Industrial
calculation of weight of EEE should be developed to
Policy Action Plan, in particular with regard to smarter
ascertain, inter alia, whether this term includes the
consumption and green public procurement.
actual weight of the entire equipment in the form in
which it is marketed, including all components, sub-
assemblies, accessories and consumables but excluding
packaging, batteries, instructions for use and manuals.
(25) Information to users
about the requirement not to
( 1 ) OJ L 118, 27.4.2001, p. 41.
dispose of WEEE as unsorted municipal waste and to
( 2 ) OJ L 143, 30.4.2004, p. 56.

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L 197/42
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Official Journal of the European Union
24.7.2012
(30) It is appropriate to allow Member States to choose to
(36) Since
the
objective
of
this
Directive
cannot
be
sufficiently
implement certain provisions of this Directive by means
achieved by the Member States and can therefore, by
of agreements between the competent authorities and the
reason of the scale of the problem, be better achieved
economic sectors concerned, provided that particular
at the level of the Union, the Union may adopt measures,
requirements are met.
in accordance with the principle of subsidiarity as set out
in Article 5 of the Treaty on European Union. In
accordance with the principle of proportionality, as set
(31) In
order
to
address
difficulties
faced
by
Member
States
in
out in that Article, this Directive does not go beyond
achieving the collection rates, to take into account
what is necessary in order to achieve that objective,
technical and scientific progress and to supplement the
provisions on fulfilment of recovery targets, the power to
adopt acts in accordance with Article 290 of the Treaty
HAVE ADOPTED THIS DIRECTIVE:
on the Functioning of the European Union (TFEU) should
be delegated to the Commission in respect of transitional
adjustments for certain Member States, adaptation to
Article 1
technical and scientific progress and the adoption of
Subject matter
detailed rules on WEEE exported out of the Union
counting towards the fulfilment of recovery targets. It
This Directive lays down measures to protect the environment
is of particular importance that the Commission carry
and human health by preventing or reducing the adverse
out appropriate consultations during its preparatory
impacts of the generation and management of waste from elec
work, including at expert level. The Commission, when
trical and electronic equipment (WEEE) and by reducing overall
preparing and drawing up delegated acts, should ensure a
impacts of resource use and improving the efficiency of such
simultaneous, timely and appropriate transmission of
use in accordance with Articles 1 and 4 of Directive
relevant documents to the European Parliament and to
2008/98/EC, thereby contributing to sustainable development.
the Council.
Article 2
(32) In
order
to
ensure
uniform
conditions
for
the
implemen
Scope
tation of this Directive, implementing powers should be
conferred on the Commission. Those powers should be
1. This
Directive
shall
apply
to
electrical
and
electronic
exercised in accordance with Regulation (EU)
equipment (EEE) as follows:
No 182/2011 of the European Parliament and of the
Council of 16 February 2011 laying down the rules
and general principles concerning mechanisms for
(a) from 13 August 2012 to 14 August 2018 (transitional
control by Member States of the Commission’s exercise
period), subject to paragraph 3, to EEE falling within the
of implementing powers ( 1 ).
categories set out in Annex I. Annex II contains an
indicative list of EEE which falls within the categories set
out in Annex I;
(33) The
obligation
to
transpose
this
Directive
into
national
law should be confined to those provisions which
represent a substantive change as compared with the
(b) from 15 August 2018, subject to paragraphs 3 and 4, to all
earlier Directives. The obligation to transpose the
EEE. All EEE shall be classified within the categories set out
provisions which are unchanged arises under the earlier
in Annex III. Annex IV contains a non-exhaustive list of EEE
Directives.
which falls within the categories set out in Annex III (open

scope).
(34) In
accordance
with
the
Joint
Political
Declaration
of
2. This
Directive
shall
apply
without
prejudice
to
the
28 September 2011 of Member States and the
requirements of Union legislation on safety and health, on
Commission on explanatory documents
( 2 ), Member
chemicals, in particular Regulation (EC) No 1907/2006 of the
States have undertaken to accompany, in justified cases,
European Parliament and of the Council of 18 December 2006
the notification of their transposition measures with one
concerning the Registration, Evaluation, Authorisation and
or more documents explaining the relationship between
Restriction of Chemicals (REACH), establishing a European
the components of a directive and the corresponding
Chemicals Agency ( 3 ), as well as of specific Union waste
parts of national transposition instruments. With regard
management or product design legislation.
to this Directive, the legislator considers the transmission
of such documents to be justified.
3. This
Directive
shall
not
apply
to
any
of
the
following
EEE:
(35) This Directive should be without prejudice to the
obligations of the Member States relating to the time
(a) equipment which is necessary for the protection of the
limits for transposition into national law and application
essential interests of the security of Member States,
of the Directives set out in Annex XI, Part B.
including arms, munitions and war material intended for
specifically military purposes;
( 1 ) OJ L 55, 28.2.2011, p. 13.
( 2 ) OJ C 369, 17.12.2011, p. 14.
( 3 ) OJ L 396, 30.12.2006, p. 1.

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(b) equipment which is specifically designed and installed as
(b) ‘large-scale stationary industrial tools’ means a large size
part of another type of equipment that is excluded from
assembly of machines, equipment, and/or components,
or does not fall within the scope of this Directive, which
functioning together for a specific application, permanently
can fulfil its function only if it is part of that equipment;
installed and de-installed by professionals at a given place,
and used and maintained by professionals in an industrial
manufacturing facility or research and development facility;
(c) filament bulbs.
(c) ‘large-scale fixed installation’ means a large-size
4. In
addition
to
the
equipment
specified
in
paragraph
3,
combination of several types of apparatus and, where appli
from 15 August 2018, this Directive shall not apply to the
cable, other devices, which:
following EEE:
(a) equipment designed to be sent into space;
(i) are assembled, installed and de-installed by profes
sionals;
(b) large-scale stationary industrial tools;
(ii) are intended to be used permanently as part of a
building or a structure at a pre-defined and dedicated
(c) large-scale fixed installations, except any equipment which is
location; and
not specifically designed and installed as part of those instal
lations;
(iii) can only be replaced by the same specifically designed
equipment;
(d) means of transport for persons or goods, excluding electric
two-wheel vehicles which are not type-approved;
(d) ‘non-road mobile machinery’ means machinery, with on-
(e) non-road mobile machinery made available exclusively for
board power source, the operation of which requires either
professional use;
mobility or continuous or semi-continuous movement
between a succession of fixed working locations while
working;
(f) equipment specifically designed solely for the purposes of
research and development that is only made available on a
business-to-business basis;
(e) ‘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, including
(g) medical devices and in vitro diagnostic medical devices,
all components, sub-assemblies and consumables which are
where such devices are expected to be infective prior to
part of the product at the time of discarding;
end of life, and active implantable medical devices.
(f) ‘producer’ means any natural or legal person who, irre
5. No
later
than
14
August
2015,
the
Commission
shall
spective of the selling technique used, including distance
review the scope of this Directive set out in point (b) of
communication within the meaning of Directive 97/7/EC
paragraph 1, including the parameters to distinguish between
of the European Parliament and of the Council of 20 May
large and small equipment in Annex III, and shall present a
1997 on the protection of consumers in respect of distance
report thereon to the European Parliament and to the
contracts ( 1 ):
Council. The report shall be accompanied by a legislative
proposal, if appropriate.
(i) is established in a Member State and manufactures EEE
Article 3
under his own name or trademark, or has EEE
designed or manufactured and markets it under his
Definitions
name or trademark within the territory of that
1. For the purposes of this Directive, the following defi
Member State;
nitions shall apply:
(ii) is established in a Member State and resells within the
(a) ‘electrical and electronic equipment’ or ‘EEE’ means
territory of that Member State, under his own name or
equipment which is dependent on electric currents or elec
trademark, equipment produced by other suppliers, a
tromagnetic fields in order to work properly and
reseller not being regarded as the ‘producer’ if the
equipment for the generation, transfer and measurement
brand of the producer appears on the equipment, as
of such currents and fields and designed for use with a
provided for in point (i);
voltage rating not exceeding 1 000 volts for alternating
current and 1 500 volts for direct current;
( 1 ) OJ L 144, 4.6.1997, p. 19.

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(iii) is established in a Member State and places on the
(m) ‘medical device’ means a medical device or accessory within
market of that Member State, on a professional basis,
the meaning of, respectively, point (a) or (b) of Article 1(2)
EEE from a third country or from another Member
of Council Directive 93/42/EEC of 14 June 1993
State; or
concerning medical devices ( 1 ) which is EEE;
(n) ‘in vitro diagnostic medical device’ means an in vitro diag
(iv) sells EEE by means of distance communication directly
nostic device or accessory within the meaning of, respect
to private households or to users other than private
ively, point (b) or (c) of Article 1(2) of Directive 98/79/EC
households in a Member State, and is established in
of the European Parliament and of the Council of
another Member State or in a third country.
27 October 1998 on in vitro diagnostic medical devices ( 2 )
which is EEE;
Whoever exclusively provides financing under or pursuant
to any finance agreement shall not be deemed to be a
(o) ‘active implantable medical device’ means an active
‘producer’ unless he also acts as a producer within the
implantable medical device within the meaning of point
meaning of points (i) to (iv);
(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 ( 3 ) which is EEE.
(g) ‘distributor’ means any natural or legal person in the supply
chain, who makes an EEE available on the market. This
definition does not prevent a distributor from being, at
2. In
addition,
the
definitions
of
‘hazardous
waste’,
‘collec
the same time, a producer within the meaning of point (f);
tion’, ‘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.
(h) ‘WEEE from private households’ means WEEE which comes
from private households and WEEE which comes from
commercial, industrial, institutional and other sources
Article 4
which, because of its nature and quantity, is similar to
Product design
that from private households. Waste from EEE likely to
be used by both private households and users other than
Member States shall, without prejudice to the requirements of
private households shall in any event be considered to be
Union legislation on the proper functioning of the internal
WEEE from private households;
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, notably in view of facilitating re-use, dismantling and
(i) ‘finance agreement’ means any loan, lease, hiring or
recovery of WEEE, its components and materials. In this
deferred sale agreement or arrangement relating to any
context, Member States shall take appropriate measures so
equipment whether or not the terms of that agreement
that the ecodesign requirements facilitating re-use and
or arrangement or any collateral agreement or arrangement
treatment of WEEE established in the framework of Directive
provide that a transfer of ownership of that equipment will
2009/125/EC are applied and producers do not prevent,
or may take place;
through specific design features or manufacturing processes,
WEEE from being re-used, unless such specific design features
or manufacturing processes present overriding advantages, for
example, with regard to the protection of the environment
(j) ‘making available on the market’ means any supply of a
and/or safety requirements.
product for distribution, consumption or use on the market
of a Member State in the course of a commercial activity,
whether in return for payment or free of charge;
Article 5
Separate collection
(k) ‘placing on the market’ means the first making available of
1. Member
States
shall
adopt
appropriate
measures
to
a product on the market within the territory of a Member
minimise the disposal of WEEE in the form of unsorted
State on a professional basis;
municipal waste, to ensure the correct treatment of all
collected WEEE and to achieve a high level of separate
collection of WEEE, notably, and as a matter of priority, for
temperature exchange equipment containing ozone-depleting
(l) ‘removal’ means manual, mechanical, chemical or metal
substances and fluorinated greenhouse gases, fluorescent lamps
lurgic handling with the result that hazardous substances,
containing mercury, photovoltaic panels and small equipment
mixtures and components are contained in an identifiable
as referred to in categories 5 and 6 of Annex III.
stream or are an identifiable part of a stream within the
treatment process. A substance, mixture or component is
( 1 ) OJ L 169, 12.7.1993, p. 1.
identifiable if it can be monitored to verify environmentally
( 2 ) OJ L 331, 7.12.1998, p. 1.
safe treatment;
( 3 ) OJ L 189, 20.7.1990, p. 17.

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EN
24.7.2012 Official
Journal
of
the
European
Union L
197/45
2. For
WEEE
from
private
households,
Member
States
shall 5. In
the
case
of
WEEE
other
than
WEEE
from
private
house
ensure that:
holds, and without prejudice to Article 13, Member States shall
ensure that producers or third parties acting on their behalf
provide for the collection of such waste.
(a) systems are set up allowing final holders and distributors to
return such waste at least free of charge. Member States
shall ensure the availability and accessibility of the
necessary collection facilities, taking into account, in
Article 6
particular, the population density;
Disposal and transport of collected WEEE
1. Member
States
shall
prohibit
the
disposal
of
separately
(b) when supplying a new product, distributors are responsible
collected WEEE which has not yet undergone the treatment
for ensuring that such waste can be returned to the
specified in Article 8.
distributor at least free of charge on a one-to-one basis as
long as the equipment is of equivalent type and has fulfilled
the same functions as the supplied equipment. Member
States may derogate from this provision provided that
2. Member
States
shall
ensure
that
the
collection
and
they ensure that returning the WEEE is not thereby made
transport of separately collected WEEE is carried out in a way
more difficult for the final holder and that it remains free of
which allows optimal conditions for preparing for re-use,
charge for the final holder. Member States making use of
recycling and the confinement of hazardous substances.
this derogation shall inform the Commission thereof;
(c) distributors provide for the collection, at retail shops with
In order to maximise preparing for re-use, Member States shall
sales areas relating to EEE of at least 400 m 2 , or in their
promote that, prior to any further transfer, collection schemes
immediate proximity, of very small WEEE (no external
or facilities provide, where appropriate, for the separation at the
dimension more than 25 cm) free of charge to end-users
collection points of WEEE that is to be prepared for re-use from
and with no obligation to buy EEE of an equivalent type,
other separately collected WEEE, in particular by granting access
unless an assessment shows that alternative existing
for personnel from re-use centres.
collection schemes are likely to be at least as effective.
Such assessments shall be available to the public. WEEE
collected shall be properly treated in accordance with
Article 8;
Article 7
Collection rate
(d) without prejudice to points (a), (b) and (c), producers are
1. Without prejudice to Article 5(1), each Member State shall
allowed to set up and to operate individual and/or collective
ensure the implementation of the ‘producer responsibility’
take-back systems for WEEE from private households
principle and, on that basis, that a minimum collection rate is
provided that these are in line with the objectives of this
achieved annually. From 2016, the minimum collection rate
Directive;
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
(e) having regard to national and Union health and safety stan
percentage of the average weight of EEE placed on the market
dards, WEEE that presents a health and safety risk to
in the three preceding years in that Member State. Member
personnel because of contamination may be refused for
States shall ensure that the volume of WEEE collected evolves
return under points (a), (b) and (c). Member States shall
gradually during the period from 2016 to 2019, unless the
make specific arrangements for such WEEE.
collection rate laid down in the second subparagraph has
already been achieved.
Member States may provide for specific arrangements for the
return of WEEE pursuant to points (a), (b) and (c) for cases in
which the equipment does not contain its essential components
From 2019, the minimum collection rate to be achieved
or if the equipment contains waste other than WEEE.
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
3. Member
States
may
designate
the
operators
that
are the territory of that Member State.
allowed to collect WEEE from private households as referred
to in paragraph 2.
Until 31 December 2015, a rate of separate collection of at
4. Member
States
may
require
that
the
WEEE
deposited
at least 4 kilograms on average per inhabitant per year of WEEE
collection facilities referred to in paragraphs 2 and 3 is handed
from private households or the same amount of weight of
over to producers or third parties acting on their behalf or is
WEEE as was collected in that Member State on average in
handed over, for purposes of preparing for re-use, to designated
the three preceding years, whichever is greater, shall continue
establishments or undertakings.
to apply.

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L 197/46
EN
Official Journal of the European Union
24.7.2012
Member States may set more ambitious rates for separate
panels, small equipment, small IT and telecommunication
collection of WEEE and shall in such a case report this to the
equipment and lamps containing mercury. The report shall, if
Commission.
appropriate, be accompanied by a legislative proposal.
2. In
order
to
establish
whether
the
minimum
collection
rate 7. If the Commission considers, on the basis of an impact
has been achieved, Member States shall ensure that information
study, that the collection rate based on WEEE generated requires
concerning the WEEE that is separately collected in accordance
revision, it shall submit a legislative proposal to the European
with Article 5 is transmitted to the Member States free of
Parliament and the Council.
charge, including at least information on WEEE that has been:
Article 8
(a) received by collection and treatment facilities;
Proper treatment
1. Member
States
shall
ensure
that
all
separately
collected
(b) received by distributors;
WEEE undergoes proper treatment.
(c) separately collected by producers or third parties acting on
2. Proper
treatment,
other
than
preparing
for
re-use,
and
their behalf.
recovery or recycling operations shall, as a minimum, include
the removal of all fluids and a selective treatment in accordance
with Annex VII.
3. By
way
of
derogation
from
paragraph
1,
Bulgaria,
the
Czech Republic, Latvia, Lithuania, Hungary, Malta, Poland,
Romania, Slovenia and Slovakia may, because of their lack of
the necessary infrastructure and their low level of EEE
3. Member
States
shall
ensure
that
producers
or
third
parties
consumption, decide to:
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. Member States
shall ensure that any establishment or undertaking carrying out
(a) achieve, from 14 August 2016, a collection rate that is
collection or treatment operations stores and treats WEEE in
lower than 45 % but higher than 40 % of the average
compliance with the technical requirements set out in Annex
weight of EEE placed on the market in the three
VIII.
preceding years; and
4. The
Commission
shall
be
empowered
to
adopt
delegated
(b) postpone the achievement of the collection rate referred to
acts in accordance with Article 20 concerning the amendment
in the second subparagraph of paragraph 1 until a date of
of Annex VII in order to introduce other treatment technologies
their own choice which shall not be later than 14 August
that ensure at least the same level of protection for human
2021.
health and the environment.
4. The
Commission
shall
be
empowered
to
adopt
delegated
acts in accordance with Article 20 laying down the necessary
The Commission shall evaluate, as a matter of priority, whether
transitional adjustments in order to address difficulties faced by
the entries regarding printed circuit boards for mobile phones
Member States in adhering to the requirements laid down in
and liquid crystal displays need to be amended. The
paragraph 1.
Commission is invited to evaluate whether amendments to
Annex VII are necessary to address nanomaterials contained
in EEE.
5. In
order
to
ensure
uniform
conditions
for
the
implemen
tation of this Article, the Commission shall, by 14 August
2015, adopt implementing acts establishing a common
5. For
the
purposes
of
environmental
protection,
Member
methodology for the calculation of the weight of EEE placed
States may set up minimum quality standards for the
on the national market and a common methodology for the
treatment of the WEEE that has been collected.
calculation of the quantity of WEEE generated by weight in each
Member State. Those implementing acts shall be adopted in
accordance with the examination procedure referred to in
Member States which opt for such quality standards shall
Article 21(2).
inform the Commission thereof, which shall publish these stan
dards.
6. The
Commission
shall,
by
14
August
2015,
present
a
report to the European Parliament and to the Council on the
The Commission shall, not later than 14 February 2013, request
re-examination of the deadlines relating to the collection rates
the European standardisation organisations to develop European
referred to in paragraph 1 and on possibly setting individual
standards for the treatment, including recovery, recycling and
collection rates for one or more categories set out in Annex III,
preparing for re-use, of WEEE. Those standards shall reflect the
particularly for temperature exchange equipment, photovoltaic
state of the art.

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EN
24.7.2012 Official
Journal
of
the
European
Union L
197/47
In order to ensure uniform conditions for the implementation
this Directive if, in compliance with Regulations (EC)
of this Article, the Commission may adopt implementing acts
No 1013/2006 and (EC) No 1418/2007, the exporter can
laying down minimum quality standards based in particular on
prove that the treatment took place in conditions that are
the standards developed by the European standardisation
equivalent to the requirements of this Directive.
organisations. Those implementing acts shall be adopted in
accordance with the examination procedure referred to in
Article 21(2).
3. The
Commission
shall,
not
later
than
14
February
2014,
adopt delegated acts, in accordance with Article 20, laying
down detailed rules supplementing those in paragraph 2 of
A reference to the standards adopted by the Commission shall
this Article, in particular the criteria for the assessment of
be published.
equivalent conditions.
6. Member
States
shall
encourage
establishments
or
under
takings which carry out treatment operations to introduce
Article 11
certified environmental management systems in accordance
Recovery targets
with Regulation (EC) No
1221/2009 of the European
Parliament and of the Council of 25 November 2009 on the
1. Regarding
all
WEEE
separately
collected
in
accordance
voluntary participation by organisations in a Community eco-
with Article 5 and sent for treatment in accordance with
management and audit scheme (EMAS) ( 1 ).
Articles 8, 9 and 10, Member States shall ensure that
producers meet the minimum targets set out in Annex V.
Article 9
Permits
2. The
achievement
of
the
targets
shall
be
calculated,
for
each category, by dividing the weight of the WEEE that enters
1. Member
States
shall
ensure
that
any
establishment
or the recovery or recycling/preparing for re-use facility, after
undertaking carrying out treatment operations obtains a
proper treatment in accordance with Article 8(2) with regard
permit from the competent authorities in compliance with
to recovery or recycling, by the weight of all separately collected
Article 23 of Directive 2008/98/EC.
WEEE for each category, expressed as a percentage.
2. Exemptions
from
permit
requirements,
conditions
for
Preliminary activities including sorting and storage prior to
exemptions and registration shall be in compliance, respectively,
recovery shall not count towards the achievement of these
with Articles 24, 25 and 26 of Directive 2008/98/EC.
targets.
3. Member States shall ensure that the permit or the regis
tration referred to in paragraphs 1 and 2 includes all the
3. In
order
to
ensure
uniform
conditions
for
the
implemen
conditions that are necessary for compliance with the
tation of this Article, the Commission may adopt implementing
requirements of Article 8(2), (3) and (5) and for the
acts establishing additional rules on the calculation methods for
achievement of the recovery targets set out in Article 11.
the application of the minimum targets. Those implementing
acts shall be adopted in accordance with the examination
procedure referred to in Article 21(2).
Article 10
Shipments of WEEE
4. Member
States
shall
ensure
that,
for
the
purpose
of
calcu
1. The
treatment
operation
may
also
be
undertaken
outside lating these targets, producers or third parties acting on their
the respective Member State or the Union provided that the
behalf keep records on the weight of WEEE, its components,
shipment of WEEE is in compliance with Regulation (EC)
materials or substances when leaving (output) the collection
No 1013/2006
and
Commission
Regulation
(EC)
facility, entering (input) and leaving (output) the treatment
No 1418/2007 of 29 November 2007 concerning the export
facilities and when entering (input) the recovery or recycling/
for recovery of certain waste listed in Annex III or IIIA to
preparing for re-use facility.
Regulation (EC) No 1013/2006 of the European Parliament
and of the Council to certain countries to which the OECD
Decision on the control of transboundary movements of
wastes does not apply (
Member States shall also ensure that, for the purposes of

2 ).
paragraph 6, records on the weight of products and materials
when leaving (output) the recovery or recycling/preparing for
re-use facility are kept.
2. WEEE
exported
out
of
the
Union
shall
only
count
towards
the fulfilment of obligations and targets set out in Article 11 of
( 1 ) OJ L 342, 22.12.2009, p. 1.
5. Member
States
shall
encourage
the
development
of
new
( 2 ) OJ L 316, 4.12.2007, p. 6.
recovery, recycling and treatment technologies.

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L 197/48
EN
Official Journal of the European Union
24.7.2012
6. On the basis of a report of the Commission accompanied,
6. The
Commission
is
invited
to
report,
by
14
August
2015,
if appropriate, by a legislative proposal, the European Parliament
on the possibility of developing criteria to incorporate the real
and the Council shall, by 14 August 2016, re-examine the
end-of-life costs into the financing of WEEE by producers, and
recovery targets referred to in Annex V, Part 3, examine the
to submit a legislative proposal to the European Parliament and
possibility of setting separate targets for WEEE to be prepared
the Council if appropriate.
for re-use and re-examine the calculation method referred to in
paragraph 2 with a view to analysing the feasibility of setting
targets on the basis of products and materials resulting (output)
from the recovery, recycling and preparation for re-use
Article 13
processes.
Financing in respect of WEEE from users other than
private households
1. Member States shall ensure that the financing of the costs
Article 12
for the collection, treatment, recovery and environmentally
Financing in respect of WEEE from private households
sound disposal of WEEE from users other than private
households resulting from products placed on the market
1. Member
States
shall
ensure
that
producers
provide
at
least after 13 August 2005 is to be provided for by producers.
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).
For historical waste being replaced by new equivalent products
or by new products fulfilling the same function, the financing of
the costs shall be provided for by producers of those products
when supplying them. Member States may, as an alternative,
2. Member States may, where appropriate, encourage provide that users other than private households also be made,
producers to finance also the costs occurring for collection of
partly or totally, responsible for this financing.
WEEE from private households to collection facilities.
For other historical waste, the financing of the costs shall be
3. For
products
placed
on
the
market
later
than
13
August provided for by the users other than private households.
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
2. Producers
and
users
other
than
private
households
may,
scheme.
without prejudice to this Directive, conclude agreements stipu
lating other financing methods.
Member States shall ensure that each producer provides a
guarantee when placing a product on the market showing
Article 14
that the management of all WEEE will be financed and shall
Information for users
ensure that producers clearly mark their products in accordance
with Article 15(2). This guarantee shall ensure that the oper
1. Member
States
may
require
producers
to
show
purchasers,
ations referred to in paragraph 1 relating to this product will be
at the time of sale of new products, the costs of collection,
financed. The guarantee may take the form of participation by
treatment and disposal in an environmentally sound way. The
the producer in appropriate schemes for the financing of the
costs mentioned shall not exceed the best estimate of the actual
management of WEEE, a recycling insurance or a blocked bank
costs incurred.
account.
2. Member
States
shall
ensure
that
users
of
EEE
in
private
4. The responsibility for the financing of the costs of the
households are given the necessary information about:
management of WEEE from products placed on the market
on or before 13 August 2005 (‘historical waste’) shall be
borne by one or more systems to which all producers
(a) the requirement not to dispose of WEEE as unsorted
existing on the market when the respective costs occur
municipal waste and to collect such WEEE separately;
contribute proportionately, e.g. in proportion to their respective
share of the market by type of equipment.
(b) the return and collection systems available to them,
encouraging the coordination of information on the
5. Member
States
shall
take
the
necessary
measures
to
ensure
available collection points irrespective of the producers or
that appropriate mechanisms or refund procedures are
other operators which have set them up;
developed for the reimbursement of contributions to the
producers where EEE is transferred for placing on the market
outside the territory of the Member State concerned. Such
mechanisms or procedures may be developed by producers or
(c) their role in contributing to re-use, recycling and other
third parties acting on their behalf.
forms of recovery of WEEE;

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EN
24.7.2012 Official
Journal
of
the
European
Union L
197/49
(d) the potential effects on the environment and human health
Article 16
as a result of the presence of hazardous substances in EEE;
Registration, information and reporting
1. Member
States
shall,
in
accordance
with
paragraph
2,
draw up a register of producers, including producers
(e) the meaning of the symbol shown in Annex IX.
supplying EEE by means of distance communication. That
register shall serve to monitor compliance with the
requirements of this Directive.
3. Member
States
shall
adopt
appropriate
measures
so
that
consumers participate in the collection of WEEE and to
encourage them to facilitate the process of re-use, treatment
Producers supplying EEE by means of distance communication
and recovery.
as defined in Article 3(1)(f)(iv) shall be registered in the Member
State that they sell to. Where such producers are not registered
in the Member State that they are selling to, they shall be
registered through their authorised representatives as referred
4. With
a
view
to
minimising
the
disposal
of
WEEE
as to in Article 17(2).
unsorted municipal waste and to facilitating its separate
collection, Member States shall ensure that producers appro
priately mark — preferably in accordance with the European
standard EN 50419 ( 1 ) — EEE placed on the market with the
2. Member
States
shall
ensure
that:
symbol shown in Annex IX. In exceptional cases, where this is
necessary because of the size or the function of the product, the
symbol shall be printed on the packaging, on the instructions
for use and on the warranty of the EEE.
(a) 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
5. Member
States
may
require
that
some
or
all
of
the
activities in that Member State;
information referred to in paragraphs 2, 3 and 4 shall be
provided by producers and/or distributors, e.g. in the
instructions for use, at the point of sale and through public
awareness campaigns.
(b) upon registering, each producer, or each authorised repre
sentative where appointed under Article 17, provides the
information set out in Annex X, Part A, undertaking to
update it as appropriate;
Article 15
Information for treatment facilities
1. In order to facilitate the preparation for re-use and the
(c) each producer, or each authorised representative where
correct and environmentally sound treatment of WEEE,
appointed under Article 17, provides the information set
including maintenance, upgrade, refurbishment and recycling,
out in Annex X, Part B;
Member States shall take the necessary measures to ensure
that producers provide information free of charge about prep
aration for re-use and treatment in respect of each type of new
(d) national registers provide links to other national registers on
EEE placed for the first time on the Union market within one
their website to facilitate, in all Member States, registration
year after the equipment is placed on the market. This
of producers or, where appointed under Article 17, auth
information shall identify, as far as it is needed by centres
orised representatives.
which prepare for re-use and treatment and recycling facilities
in order to comply with the provisions of this Directive, the
different EEE components and materials, as well as the location
of dangerous substances and mixtures in EEE. It shall be made
3. In
order
to
ensure
uniform
conditions
for
the
implemen
available to centres which prepare for re-use and treatment and
tation of this Article, the Commission shall adopt implementing
recycling facilities by producers of EEE in the form of manuals
acts establishing the format for registration and reporting and
or by means of electronic media (e.g. CD-ROM, online services).
the frequency of reporting to the register. Those implementing
acts shall be adopted in accordance with the examination
procedure referred to in Article 21(2).
2. In
order
to
enable
the
date
upon
which
the
EEE
was
placed on the market to be determined unequivocally,
Member States shall ensure that a mark on the EEE specifies
4. Member States shall collect information, including
that the latter was placed on the market after 13 August 2005.
substantiated estimates, on an annual basis, on the quantities
Preferably, the European Standard EN 50419 shall be applied
and categories of EEE placed on their markets, collected through
for this purpose.
all routes, prepared for re-use, recycled and recovered within the
Member State, and on separately collected WEEE exported, by
( 1 ) Adopted by Cenelec in March 2006.
weight.

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L 197/50
EN
Official Journal of the European Union
24.7.2012
5. Member
States
shall,
at
three-year
intervals,
send
a
report
Article 19
to the Commission on the implementation of this Directive and
on the information set out in paragraph 4. The implementation
Adaptation to scientific and technical progress
report shall be drawn up on the basis of a questionnaire laid
The Commission shall be empowered to adopt delegated acts in
down in Commission Decisions 2004/249/EC
( 1 ) and
accordance with Article 20 concerning the amendments
2005/369/EC ( 2 ). The report shall be made available to the
necessary in order to adapt Article 16(5) and Annexes IV, VII,
Commission within nine months of the end of the three-year
VIII and IX to scientific and technical progress. When amending
period covered by it.
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
The first report shall cover the period from 14 February 2014
electrical and electronic equipment ( 3 ) shall be taken into
to 31 December 2015.
consideration.
The Commission shall publish a report on the implementation
of this Directive within nine months after receiving the reports
Before the Annexes are amended, the Commission shall, inter
from the Member States.
alia, consult producers of EEE, recyclers, treatment operators
and environmental organisations and employees’ and
consumer associations.
Article 17
Authorised representative
1. Each
Member
State
shall
ensure
that
a
producer
as
defined
Article 20
in Article 3(1)(f)(i) to (iii) established in another Member State is
allowed, by way of exception to Article 3(1)(f)(i) to (iii), to
Exercise of the delegation
appoint a legal or natural person established on its territory
1. The
power
to
adopt
delegated
acts
is
conferred
on
the
as the authorised representative that is responsible for fulfilling
Commission subject to the conditions laid down in this Article.
the obligations of that producer, pursuant to this Directive, on
its territory.
2. The power to adopt delegated acts referred to in
2. Each
Member
State
shall
ensure
that
a
producer
as
defined Article 7(4), Article 8(4), Article 10(3) and Article 19 shall be
in Article 3(1)(f)(iv) and established on its territory, which sells
conferred on the Commission for a period of five years from
EEE to another Member State in which it is not established,
13 August 2012. The Commission shall draw up a report in
appoints an authorised representative in that Member State as
respect of the delegation of power not later than nine months
the person responsible for fulfilling the obligations of that
before the end of the five-year period. The delegation of power
producer, pursuant to this Directive, on the territory of that
shall be tacitly extended for periods of an identical duration,
Member State.
unless the European Parliament or the Council opposes such
extension not later than three months before the end of each
period.
3. Appointment of an authorised representative shall be by
written mandate.
3. The
delegation
of
power
referred
to
in
Article
7(4),
Article 18
Article 8(4), Article 10(3) and Article 19 may be revoked at
Administrative cooperation and exchange of information
any time by the European Parliament or by the Council. A
decision to revoke shall put an end to the delegation of the
Member States shall ensure that authorities responsible for
power specified in that decision. It shall take effect the day
implementing this Directive cooperate with each other, in
following the publication of the decision in the Official Journal
particular to establish an adequate flow of information to
of the European Union or at a later date specified therein. It shall
ensure that producers comply with the provisions of this
not affect the validity of any delegated acts already in force.
Directive and, where appropriate, provide each other and the
Commission with information in order to facilitate the proper
implementation of this Directive. The administrative
cooperation and exchange of information, in particular
4. As
soon
as
it
adopts
a
delegated
act,
the
Commission
shall
between national registers, shall include electronic means of
notify it simultaneously to the European Parliament and to the
communication.
Council.
Cooperation shall include, inter alia, granting access to the
relevant documents and information including the results of
5. A
delegated
act
adopted
pursuant
to
Article
7(4),
any inspections, subject to the provisions of the data protection
Article 8(4), Article 10(3) and Article 19 shall enter into
law in force in the Member State of the authority which is
force only if no objection has been expressed either by the
requested to cooperate.
European Parliament or the Council within a period of two
months of notification of that act to the European Parliament
( 1 ) OJ L 78, 16.3.2004, p. 56.
( 2 ) OJ L 119, 11.5.2005, p. 13.
( 3 ) OJ L 174, 1.7.2011, p. 88.

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and to the Council or if, before the expiry of that period, the
3. The
costs
of
appropriate
analyses
and
inspections,
European Parliament and the Council have both informed the
including storage costs, of used EEE suspected to be WEEE
Commission that they will not object. That period shall be
may be charged to the producers, to third parties acting on
extended by two months at the initiative of the European
their behalf or to other persons arranging the shipment of
Parliament or of the Council.
used EEE suspected to be WEEE.
Article 21
4. In
order
to
ensure
uniform
conditions
for
the
implemen
Committee procedure
tation of this Article and of Annex VI, the Commission may
adopt implementing acts establishing additional rules on
1. The
Commission
shall
be
assisted
by
the
Committee
estab
inspections and monitoring and in particular uniform
lished by Article 39 of Directive 2008/98/EC. That committee
conditions for the implementation of Annex VI, point 2.
shall be a committee within the meaning of Regulation (EU)
Those implementing acts shall be adopted in accordance with
No 182/2011.
the examination procedure referred to in Article 21(2).
2. Where
reference
is
made
to
this
paragraph,
Article
5
of
Regulation (EU) No 182/2011 shall apply.
Article 24
Transposition
Where the committee delivers no opinion, the Commission
1. Member
States
shall
bring
into
force
the
laws,
regulations
shall not adopt the draft implementing act and the third
and administrative provisions necessary to comply with this
subparagraph of Article 5(4) of Regulation (EU) No 182/2011
Directive by 14 February 2014. They shall immediately
shall apply.
communicate to the Commission the text of those provisions.
Article 22
When Member States adopt those provisions, they shall contain
Penalties
a reference to this Directive or shall be accompanied by such
reference on the occasion of their official publication. They shall
The Member States shall lay down the rules on penalties
also include a statement that references in existing laws, regu
applicable to infringements of the national provisions adopted
lations and administrative provisions to the directives repealed
pursuant to this Directive and shall take all measures necessary
by this Directive shall be construed as references to this
to ensure that they are implemented. The penalties provided for
Directive. Member States shall determine how such reference
must be effective, proportionate and dissuasive. The Member
is to be made and how that statement is to be formulated.
States shall notify those provisions to the Commission by
14 February 2014 at the latest and shall notify it without
delay of any subsequent amendment affecting them.
2. Member
States
shall
communicate
to
the
Commission
the
text of the main provisions of national law which they adopt in
the field covered by this Directive.
Article 23
Inspection and monitoring
3. Provided
that
the
objectives
set
out
in
this
Directive
are
1. Member
States
shall
carry
out
appropriate
inspections
and achieved, Member States may transpose the provisions set out
monitoring to verify the proper implementation of this
in Article 8(6), Article 14(2) and Article 15 by means of
Directive.
agreements between the competent authorities and the
economic sectors concerned. Such agreements shall meet the
Those inspections shall at least cover:
following requirements:
(a) information reported in the framework of the register of
(a) agreements shall be enforceable;
producers;
(b) agreements shall specify objectives with the corresponding
(b) shipments, in particular exports of WEEE outside the Union
deadlines;
in compliance with Regulation (EC) No 1013/2006 and
Regulation (EC) No 1418/2007; and
(c) agreements shall be published in the national official journal
(c) the operations at treatment facilities in accordance with
or an official document equally accessible to the public and
Directive 2008/98/EC and Annex VII of this Directive.
transmitted to the Commission;
2. Member
States
shall
ensure
that
shipments
of
used
EEE
(d) the results achieved shall be monitored regularly, reported
suspected to be WEEE are carried out in accordance with the
to the competent authorities and the Commission and made
minimum requirements in Annex VI and shall monitor such
available to the public under the conditions set out in the
shipments accordingly.
agreement;

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(e) the competent authorities shall ensure that the progress
Article 26
achieved under the agreement is examined;
Entry into force
This Directive shall enter into force on the twentieth day
(f) in the case of non-compliance with the agreement, Member
following that of its publication in the Official Journal of the
States must implement the relevant provisions of this
European Union.
Directive by legislative, regulatory or administrative
measures.
Article 27
Article 25
Addressees
Repeal
This Directive is addressed to the Member States.
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
Done at Strasbourg, 4 July 2012.
States relating to the time limits for transposition into
national law and application of the Directives set out in
Annex XI, Part B.
For the European Parliament
For the Council
References to the repealed Directives shall be construed as
references to this Directive and shall be read in accordance
The President
The President
with the correlation table in Annex XII.
M. SCHULZ
A. D. MAVROYIANNIS

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ANNEX I
Categories of EEE covered by this Directive during the transitional period as provided for in Article 2(1)(a)
1. Large household appliances
2. Small household appliances
3. IT and telecommunications equipment
4. Consumer equipment and photovoltaic panels
5. Lighting equipment
6. Electrical and electronic tools (with the exception of large-scale stationary industrial tools)
7. Toys, leisure and sports equipment
8. Medical devices (with the exception of all implanted and infected products)
9. Monitoring and control instruments
10. Automatic dispensers

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ANNEX II
Indicative list of EEE which falls within the categories of Annex I
1. LARGE HOUSEHOLD APPLIANCES
Large cooling appliances
Refrigerators
Freezers
Other large appliances used for refrigeration, conservation and storage of food
Washing machines
Clothes dryers
Dish washing machines
Cookers
Electric stoves
Electric hot plates
Microwaves
Other large appliances used for cooking and other processing of food
Electric heating appliances
Electric radiators
Other large appliances for heating rooms, beds, seating furniture
Electric fans
Air conditioner appliances
Other fanning, exhaust ventilation and conditioning equipment
2. SMALL HOUSEHOLD APPLIANCES
Vacuum cleaners
Carpet sweepers
Other appliances for cleaning
Appliances used for sewing, knitting, weaving and other processing for textiles
Irons and other appliances for ironing, mangling and other care of clothing
Toasters
Fryers
Grinders, coffee machines and equipment for opening or sealing containers or packages
Electric knives

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Appliances for hair cutting, hair drying, tooth brushing, shaving, massage and other body care appliances
Clocks, watches and equipment for the purpose of measuring, indicating or registering time
Scales
3. IT AND TELECOMMUNICATIONS EQUIPMENT
Centralised data processing:
Mainframes
Minicomputers
Printer units
Personal computing:
Personal computers (CPU, mouse, screen and keyboard included)
Laptop computers (CPU, mouse, screen and keyboard included)
Notebook computers
Notepad computers
Printers
Copying equipment
Electrical and electronic typewriters
Pocket and desk calculators
and other products and equipment for the collection, storage, processing, presentation or communication of
information by electronic means
User terminals and systems
Facsimile machine (fax)
Telex
Telephones
Pay telephones
Cordless telephones
Cellular telephones
Answering systems
and other products or equipment of transmitting sound, images or other information by telecommunications
4. CONSUMER EQUIPMENT AND PHOTOVOLTAIC PANELS
Radio sets
Television sets
Video cameras

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Video recorders
Hi-fi recorders
Audio amplifiers
Musical instruments
and other products or equipment for the purpose of recording or reproducing sound or images, including signals or
other technologies for the distribution of sound and image than by telecommunications
Photovoltaic panels
5. LIGHTING EQUIPMENT
Luminaires for fluorescent lamps with the exception of luminaires in households
Straight fluorescent lamps
Compact fluorescent lamps
High intensity discharge lamps, including pressure sodium lamps and metal halide lamps
Low pressure sodium lamps
Other lighting or equipment for the purpose of spreading or controlling light with the exception of filament bulbs
6. ELECTRICAL AND ELECTRONIC TOOLS (WITH THE EXCEPTION OF LARGE-SCALE STATIONARY INDUSTRIAL
TOOLS)
Drills
Saws
Sewing machines
Equipment for turning, milling, sanding, grinding, sawing, cutting, shearing, drilling, making holes, punching, folding,
bending or similar processing of wood, metal and other materials
Tools for riveting, nailing or screwing or removing rivets, nails, screws or similar uses
Tools for welding, soldering or similar use
Equipment for spraying, spreading, dispersing or other treatment of liquid or gaseous substances by other means
Tools for mowing or other gardening activities
7. TOYS, LEISURE AND SPORTS EQUIPMENT
Electric trains or car racing sets
Hand-held video game consoles
Video games
Computers for biking, diving, running, rowing, etc.
Sports equipment with electric or electronic components
Coin slot machines
8. MEDICAL DEVICES (WITH THE EXCEPTION OF ALL IMPLANTED AND INFECTED PRODUCTS)
Radiotherapy equipment
Cardiology equipment

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Dialysis equipment
Pulmonary ventilators
Nuclear medicine equipment
Laboratory equipment for in vitro diagnosis
Analysers
Freezers
Fertilization tests
Other appliances for detecting, preventing, monitoring, treating, alleviating illness, injury or disability
9. MONITORING AND CONTROL INSTRUMENTS
Smoke detector
Heating regulators
Thermostats
Measuring, weighing or adjusting appliances for household or as laboratory equipment
Other monitoring and control instruments used in industrial installations (e.g. in control panels)
10. AUTOMATIC DISPENSERS
Automatic dispensers for hot drinks
Automatic dispensers for hot or cold bottles or cans
Automatic dispensers for solid products
Automatic dispensers for money
All appliances which deliver automatically all kinds of products

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Official Journal of the European Union
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ANNEX III
CATEGORIES OF EEE COVERED BY THIS DIRECTIVE
1. Temperature exchange equipment
2. Screens, monitors, and equipment containing screens having a surface greater than 100 cm 2
3. Lamps
4. Large equipment (any external dimension more than 50 cm) including, but not limited to:
Household appliances; IT and telecommunication equipment; consumer equipment; luminaires; equipment reproducing
sound or images, musical equipment; electrical and electronic tools; toys, leisure and sports equipment; medical
devices; monitoring and control instruments; automatic dispensers; equipment for the generation of electric
currents. This category does not include equipment included in categories 1 to 3.
5. Small equipment (no external dimension more than 50 cm) including, but not limited to:
Household appliances; consumer equipment; luminaires; equipment reproducing sound or images, musical equipment;
electrical and electronic tools; toys, leisure and sports equipment; medical devices; monitoring and control instruments;
automatic dispensers; equipment for the generation of electric currents. This category does not include equipment
included in categories 1 to 3 and 6.
6. Small IT and telecommunication equipment (no external dimension more than 50 cm)

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ANNEX IV
Non-exhaustive list of EEE which falls within the categories listed in Annex III
1. Temperature exchange equipment
Refrigerators, Freezers, Equipment which automatically delivers cold products, Air conditioning equipment, Dehumid
ifying equipment, Heat pumps, Radiators containing oil and other temperature exchange equipment using fluids other
than water for the temperature exchange.
2. Screens, monitors, and equipment containing screens having a surface greater than 100 cm 2
Screens, Televisions, LCD photo frames, Monitors, Laptops, Notebooks.
3. Lamps
Straight fluorescent lamps, Compact fluorescent lamps, Fluorescent lamps, High intensity discharge lamps - including
pressure sodium lamps and metal halide lamps, Low pressure sodium lamps, LED.
4. Large equipment
Washing machines, Clothes dryers, Dish washing machines, Cookers, Electric stoves, Electric hot plates, Luminaires,
Equipment reproducing sound or images, Musical equipment (excluding pipe organs installed in churches), Appliances
for knitting and weaving, Large computer-mainframes, Large printing machines, Copying equipment, Large coin slot
machines, Large medical devices, Large monitoring and control instruments, Large appliances which automatically
deliver products and money, Photovoltaic panels.
5. Small equipment
Vacuum cleaners, Carpet sweepers, Appliances for sewing, Luminaires, Microwaves, Ventilation equipment, Irons,
Toasters, Electric knives, Electric kettles, Clocks and Watches, Electric shavers, Scales, Appliances for hair and body
care, Calculators, Radio sets, Video cameras, Video recorders, Hi-fi equipment, Musical instruments, Equipment repro
ducing sound or images, Electrical and electronic toys, Sports equipment, Computers for biking, diving, running,
rowing, etc., Smoke detectors, Heating regulators, Thermostats, Small Electrical and electronic tools, Small medical
devices, Small Monitoring and control instruments, Small Appliances which automatically deliver products, Small
equipment with integrated photovoltaic panels.
6. Small IT and telecommunication equipment (no external dimension more than 50 cm)
Mobile phones, GPS, Pocket calculators, Routers, Personal computers, Printers, Telephones.

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ANNEX V
MINIMUM RECOVERY TARGETS REFERRED TO IN ARTICLE 11
Part 1: Minimum targets applicable by category from 13 August 2012 until 14 August 2015 with reference to the
categories listed in Annex I:
(a) for WEEE falling within category 1 or 10 of Annex I,
— 80 % shall be recovered, and
— 75 % shall be recycled;
(b) for WEEE falling within category 3 or 4 of Annex I,
— 75 % shall be recovered, and
— 65 % shall be recycled;
(c) for WEEE falling within category 2, 5, 6, 7, 8 or 9 of Annex I,
— 70 % shall be recovered, and
— 50 % shall be recycled;
(d) for gas discharge lamps, 80 % shall be recycled.
Part 2: Minimum targets applicable by category from 15 August 2015 until 14 August 2018 with reference to the
categories listed in Annex I:
(a) for WEEE falling within category 1 or 10 of Annex I,
— 85 % shall be recovered, and
— 80 % shall be prepared for re-use and recycled;
(b) for WEEE falling within category 3 or 4 of Annex I,
— 80 % shall be recovered, and
— 70 % shall be prepared for re-use and recycled;
(c) for WEEE falling within category 2, 5, 6, 7, 8 or 9 of Annex I,
— 75 % shall be recovered, and
— 55 % shall be prepared for re-use and recycled;
(d) for gas discharge lamps, 80 % shall be recycled.
Part 3: Minimum targets applicable by category from 15 August 2018 with reference to the categories listed in
Annex III:
(a) for WEEE falling within category 1 or 4 of Annex III,
— 85 % shall be recovered, and
— 80 % shall be prepared for re-use and recycled;
(b) for WEEE falling within category 2 of Annex III,
— 80 % shall be recovered, and
— 70 % shall be prepared for re-use and recycled;
(c) for WEEE falling within category 5 or 6 of Annex III,
— 75 % shall be recovered, and
— 55 % shall be prepared for re-use and recycled;
(d) for WEEE falling within category 3 of Annex III, 80 % shall be recycled.

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ANNEX VI
MINIMUM REQUIREMENTS FOR SHIPMENTS
1. 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:
(a) a copy of the invoice and contract relating to the sale and/or transfer of ownership of the EEE which states that
the equipment is destined for direct re-use and that it is fully functional;
(b) evidence of evaluation or testing in the form of a copy of the records (certificate of testing, proof of func
tionality) on every item within the consignment and a protocol containing all record information according to
point 3;
(c) a declaration made by the holder who arranges the transport of the EEE that none of the material or equipment
within the consignment is waste as defined by Article 3(1) of Directive 2008/98/EC; and
(d) appropriate protection against damage during transportation, loading and unloading in particular through
sufficient packaging and appropriate stacking of the load.
2. By way of derogation, point 1(a) and (b) and point 3 do not apply where it is documented by conclusive proof that
the shipment is taking place in the framework of a business-to-business transfer agreement and that:
(a) the EEE is sent back to the producer or a third party acting on his behalf as defective for repair under warranty
with the intention of re-use; or
(b) the used EEE for professional use is sent to the producer or a third party acting on his behalf or a third-party
facility in countries to which Decision C(2001)107/Final of the OECD Council concerning the revision of
Decision C(92)39/Final on control of transboundary movements of wastes destined for recovery operations
applies, for refurbishment or repair under a valid contract with the intention of re-use; or
(c) the defective used EEE for professional use, such as medical devices or their parts, is sent to the producer or a
third party acting on his behalf for root cause analysis under a valid contract, in cases where such an analysis
can only be conducted by the producer or third parties acting on his behalf.
3. In
order
to
demonstrate
that
the
items
being
shipped
constitute
used
EEE
rather
than
WEEE,
Member
States
shall
require the following steps for testing and record keeping for used EEE to be carried out:
Step 1: Testing
(a) Functionality shall be tested and the presence of hazardous substances shall be evaluated. The tests to be
conducted depend on the kind of EEE. For most of the used EEE a functionality test of the key functions is
sufficient.
(b) Results of evaluation and testing shall be recorded.
Step 2: Record
(a) The record shall be fixed securely but not permanently on either the EEE itself (if not packed) or on the
packaging so it can be read without unpacking the equipment.
(b) The record shall contain the following information:
— name of item (name of the equipment if listed in Annex II or Annex IV, as appropriate, and category set out
in Annex I or Annex III, as appropriate),
— identification number of the item (type No) where applicable,
— year of production (if available),
— name and address of the company responsible for evidence of functionality,

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— result of tests as described in step 1 (including date of the functionality test),
— kind of tests performed.
4. In addition to the documentation requested in points 1, 2 and 3, every load (e.g. shipping container, lorry) of used
EEE shall be accompanied by:
(a) a relevant transport document, e.g. CMR or waybill;
(b) a declaration by the liable person on its responsibility.
5. In the absence of proof that an object is used EEE and not WEEE through the appropriate documentation required
in points 1, 2, 3 and 4 and of appropriate protection against damage during transportation, loading and unloading
in particular through sufficient packaging and appropriate stacking of the load, which are the obligations of the
holder who arranges the transport, Member State authorities shall consider that an item is WEEE and presume that
the load comprises an illegal shipment. In these circumstances the load will be dealt with in accordance with Articles
24 and 25 of Regulation (EC) No 1013/2006.

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ANNEX VII
Selective treatment for materials and components of waste electrical and electronic equipment referred to in
Article 8(2)
1. As a minimum the following substances, mixtures and components have to be removed from any separately
collected WEEE:
— polychlorinated biphenyls (PCB) containing capacitors in accordance with Council Directive 96/59/EC of
16 September 1996 on the disposal of polychlorinated biphenyls and polychlorinated terphenyls (PCB/PCT) ( 1 ),
— mercury containing components, such as switches or backlighting lamps,
— batteries,
— printed circuit boards of mobile phones generally, and of other devices if the surface of the printed circuit board is
greater than 10 square centimetres,
— toner cartridges, liquid and paste, as well as colour toner,
— plastic containing brominated flame retardants,
— asbestos waste and components which contain asbestos,
— cathode ray tubes,
— chlorofluorocarbons (CFC), hydrochlorofluorocarbons (HCFC) or hydrofluorocarbons (HFC), hydrocarbons (HC),
— gas discharge lamps,
— liquid crystal displays (together with their casing where appropriate) of a surface greater than 100 square
centimetres and all those back-lighted with gas discharge lamps,
— external electric cables,
— components containing refractory ceramic fibres as described in Commission Directive 97/69/EC of 5 December
1997 adapting to technical progress for the 23rd time Council Directive 67/548/EEC on the approximation of the
laws, regulations and administrative provisions relating to the classification, packaging and labelling of dangerous
substances ( 2 ),
— components containing radioactive substances with the exception of components that are below the exemption
thresholds set in Article 3 of and Annex I to Council Directive 96/29/Euratom of 13 May 1996 laying down basic
safety standards for the protection of the health of workers and the general public against the dangers arising from
ionizing radiation ( 3 ),
— electrolyte capacitors containing substances of concern (height > 25 mm, diameter > 25 mm or proportionately
similar volume).
These substances, mixtures and components shall be disposed of or recovered in compliance with Directive
2008/98/EC.
2. The following components of WEEE that is separately collected have to be treated as indicated:
— cathode ray tubes: the fluorescent coating has to be removed,
( 1 ) OJ L 243, 24.9.1996, p. 31.
( 2 ) OJ L 343, 13.12.1997, p. 19.
( 3 ) OJ L 159, 29.6.1996, p. 1.

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— equipment containing gases that are ozone depleting or have a global warming potential (GWP) above 15, such as
those contained in foams and refrigeration circuits: the gases must be properly extracted and properly treated.
Ozone-depleting gases must be treated in accordance with Regulation (EC) No 1005/2009,
— gas discharge lamps: the mercury shall be removed.
3. Taking into account environmental considerations and the desirability of preparation for re-use and recycling, points 1
and 2 shall be applied in such a way that environmentally-sound preparation for re-use and recycling of components
or whole appliances is not hindered.

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ANNEX VIII
TECHNICAL REQUIREMENTS REFERRED TO IN ARTICLE 8(3)
1. Sites for storage (including temporary storage) of WEEE prior to its treatment (without prejudice to the requirements
of Council Directive 1999/31/EC of 26 April 1999 on the landfill of waste ( 1 )):
— impermeable surfaces for appropriate areas with the provision of spillage collection facilities and, where appro
priate, decanters and cleanser-degreasers,
— weatherproof covering for appropriate areas.
2. Sites for treatment of WEEE:
— scales to measure the weight of the treated waste,
— impermeable surfaces and waterproof covering for appropriate areas with the provision of spillage collection
facilities and, where appropriate, decanters and cleanser-degreasers,
— appropriate storage for disassembled spare parts,
— appropriate containers for storage of batteries, PCBs/PCTs containing capacitors and other hazardous waste such as
radioactive waste,
— equipment for the treatment of water in compliance with health and environmental regulations.
( 1 ) OJ L 182, 16.7.1999, p. 1.

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ANNEX IX
SYMBOL FOR THE MARKING OF EEE
The symbol indicating separate collection for EEE consists of the crossed-out wheeled bin, as shown below. The symbol
must be printed visibly, legibly and indelibly.

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ANNEX X
INFORMATION FOR REGISTRATION AND REPORTING REFERRED TO IN ARTICLE 16
A. Information to be submitted upon registration:
1. Name and address of the producer or of the authorised representative where appointed under Article 17 (postal
code and location, street name and number, country, telephone and fax number, e-mail, as well as a contact
person). In the case of an authorised representative as defined in Article 17, also the contact details of the producer
that is represented.
2. National identification code of the producer, including European tax number or national tax number of the
producer.
3. Category of EEE set out in Annex I or III, as appropriate.
4. Type of EEE (household or other than household equipment).
5. Brand name of EEE.
6. Information on how the producer meets its responsibilities: individual or collective scheme, including information
on financial guarantee.
7. Selling technique used (e.g. distance selling).
8. Declaration stating that the information provided is true.
B. Information to be submitted for reporting:
1. National identification code of the producer.
2. Reporting period.
3. Category of EEE set out in Annex I or III, as appropriate.
4. Quantity of EEE placed on the national market, by weight.
5. Quantity, by weight, of waste of EEE separately collected, recycled (including prepared for re-use), recovered and
disposed of within the Member State or shipped within or outside the Union.
Note: information set out in points 4 and 5 must be given by category.

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ANNEX XI
PART A
Repealed Directive with its successive amendments
(referred to in Article 25)
Directive 2002/96/EC on waste electrical and electronic
(OJ L 37, 13.2.2003, p. 24)
equipment (WEEE)
Directive 2003/108/EC of the European Parliament and
(OJ L 345, 31.12.2003, p. 106)
of the Council
Directive 2008/34/EC of the European Parliament and of
(OJ L 81, 20.3.2008, p. 65)
the Council
PART B
List of time limits for transposition into national law
(referred to in Article 25)
Directive Deadline
for
transposition
2002/96/EC 13
August
2004
2003/108/EC 13
August
2004
2008/34/EC
—

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European
Union L
197/69
ANNEX XII
CORRELATION TABLE
Directive 2002/96/EC This
Directive
Article 1
—
— Article
1
Article 2(1) Article
2(1)
Article 2(2) Article
2(2)
Article 2(3) Article
2(3)(a)
Article 2(1) (partly) Article
2(3)(b)
Annex IB, point 5, last item Article
2(3)(c)
Annex IB, point 8 Article
2(4)(g)
— Article
2(4)(a)
to
(f)
and
2(5)
Article 3(a) Article
3(1)(a)
— Article
3(1)(b)
to
(d)
Article 3(b) Article
3(1)(e)
Article 3(c) to (h) Article
3(2)
Article 3(i) Article
3(1)(f)
Article 3(j) Article
3(1)(g)
Article 3(k) Article
3(1)(h)
Article 3(l)
—
Article 3(m) Article
3(1)(i)
— Article
3(1)(j)
to
(o)
Article 4 Article
4
Article 5(1) to (2) Article
5(1)
to
(2)
— Article
5(3)
to
(4)
Article 5(3) Article
5(5)
— Article
6(1)
Article 5(4) Article
6(2)
Article 5(5) Article
7(1)
and
(2)
— Article
8(1)
Article 6(1), first and second subparagraphs, and (3) Article
8(2),
(3)
and
(4)
Annex II(4) Article
8(4),
second
subparagraph,
first
sentence
Article 6(1), third subparagraph Article
8(5)
Article 6(6) Article
8(6)

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L 197/70
EN
Official Journal of the European Union
24.7.2012
Directive 2002/96/EC This
Directive
Article 6(2) Article
9(1)
and
(2)
Article 6(4) Article
9(3)
Article 6(5) Article
10(1)
and
(2)
— Article
10(3)
Article 7(1)
—
Article 7(2) Article
11(1)
and
Annex
V
— Article
11(2)
— Article
11(3)
Article 7(3), first subparagraph Article
11(4)
Article 7(3), second subparagraph
—
Article 7(4)
—
Article 7(5) Article
11(5)
— Article
11(6)
Article 8(1) Article
12(1)
— Article
12(2)
Article 8(2), first and second subparagraphs Article
12(3)
Article 8(2), third subparagraph Article
14(1)
(partly)
Article 8(3), first subparagraph Article
12(4)
— Article
12(5)
Article 8(3), second subparagraph Article
14(1)
(partly)
Article 8(4)
—
Article 9(1), first subparagraph Article
13(1),
first
subparagraph
Article 9(1), second subparagraph
—
Article 9(1), third subparagraph Article
13(1),
second
subparagraph
Article 9(1), fourth subparagraph Article
13(1),
third
subparagraph
Article 9(2) Article
13(2)
Article 10(1) Article
14(2)
Article 10(2) Article
14(3)
Article 10(3) Article
14(4)
Article 10(4) Article
14(5)
Article 11 Article
15
Article 12(1) (partly) Article
16(1)
to
(3)
Article 12(1), first subparagraph (partly) Article
16(4)
Article 12(1), second subparagraph
Article 16(1) and (2) and Article 17(2) and (3)

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EN
24.7.2012 Official
Journal
of
the
European
Union L
197/71
Directive 2002/96/EC This
Directive
Article 12(1), third subparagraph Article
16(3)
and
(5)
— Article
17(1)
Article 12(1), fourth subparagraph Article
18
Article 12(2) Article
16(5)
Article 13 Article
19
— Article
20
Article 14 Article
21
Article 15 Article
22
Article 16 Article
23(1)
— Article
23(2)
to
(4)
Article 17(1) to (3) Article
24(1)
to
(3)
Article 17(4) Article
7(3)
Article 17(5)
Article 7(4) to (7), Article 11(6) and Article 12(6)
— Article
25
Article 18 Article
26
Article 19 Article
27
Annex IA Annex
I
Annex IB Annex
II
— Annexes
III,
IV
and
VI
Annexes II to IV Annexes
VII
to
IX
— Annexes
X
and
XI
— Annex
XII

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