Changes from plenary report to adopted text

RemovedDRAFT EUROPEAN PARLIAMENT LEGISLATIVE RESOLUTION

AddedP9_TA(2023)0392

Changedon the proposal for a directive of the European Parliament and of the Council amending Directive 2012/19/EU on wasteWaste electrical and electronic equipment (WEEE)

Removed(COM(2023)0063 – C90016/2023 – 2023/0025(COD))

AddedCommittee on the Environment, Public Health and Food Safety

AddedPE746.823

AddedAmendments adopted by the European Parliament on 9 November 2023 on the proposal for a directive of the European Parliament and of the Council amending Directive 2012/19/EU on waste electrical and electronic equipment (WEEE) (COM(2023)0063 – C9-0016/2023 – 2023/0025(COD))

(Ordinary legislative procedure: first reading)

Change 1

RemovedThe European Parliament,

Removed– having regard to the Commission proposal to Parliament and the Council (COM(2023)0063),

Removed– having regard to Article 294(2) and Article 192(1) of the Treaty on the Functioning of the European Union, pursuant to which the Commission submitted the proposal to Parliament (C90016/2023),

Removed– having regard to Article 294(3) of the Treaty on the Functioning of the European Union,

Removed– having regard to the opinion of the European Economic and Social Committee of 22 March 2023,

Removed– after consulting the Committee of the Regions,

Removed– having regard to Rule 59 of its Rules of Procedure,

Removed– having regard to the report of the Committee on the Environment, Public Health and Food Safety (A9-0311/2023),

Removed1. Adopts its position at first reading hereinafter set out;

Removed2. Calls on the Commission to refer the matter to Parliament again if it replaces, substantially amends or intends to substantially amend its proposal;

Removed3. Instructs its President to forward its position to the Council, the Commission and the national parliaments.

▸5 unchanged paragraphs

Recital 4 a (new): (4a) The Court also concluded that EU law must be interpreted as meaning that the fact that a Member State adopted legislation contrary to an EU directive prior to the adoption of that directive does not constitute, in itself, a breach of EU law, since the achievement of the result prescribed by the directive cannot be regarded as seriously compromised before the directive forms part of the EU legal order.

Recital 9 a (new): (9a) In order to maintain the principle of legal certainty in the future revisions of Directive 2012/19/EU, it is important to pay particular attention to preventing the adoption of any provisions that could potentially have unjustified retroactive effects. It is necessary to give clarity and predictability to EEE producers with regard to the operating conditions that were in effect when their products were placed on the market. That approach helps to avoid the risk of incurring unpredictable costs associated with future WEEE management. Furthermore, such revisions should respect the waste hierarchy as laid down in Article 4 of Directive 2008/98/EC.

Recital 10 a (new): (10a) Unsound treatment of waste photovoltaic panels and open scope WEEE leads to significant adverse impacts on health and the environment. The proper treatment of photovoltaic panels and maximising the recovery of waste from photovoltaic panels at the end of their lifetime should therefore be ensured. Without prejudice to the changes to the financial obligations necessary to cover collection and treatment of waste photovoltaic panels placed on the market before 13 August 2012 and of waste from all open scope EEE placed on the market before 15 August 2018 introduced by this Directive, Member States should ensure the environmentally sound management of related WEEE. Member States may encourage producers, through their individual or collective extended producers responsibility schemes to properly collect and treat the related historical WEEE of photovoltaic panels and open scope EEE.

Recital 10 b (new): (10b) When revising Directive 2012/19/EU, and addressing its shortcomings, it is crucial to ensure that the costs of managing WEEE are not disproportionately transferred to consumers or citizens. This includes taking into consideration the ‘polluter pays’ principle, addressing potential provisions pertaining to WEEE collection targets and adherence to the waste hierarchy as laid down in Article 4 of Directive 2008/98/EC.

Directive 2012/19/EU

Change 2

ChangedArticle 1 – paragraph 1 – point -1 (new), Article 2 a (new): (-1) The following Article 2a is added: / Article“Article 2a / 1. No later than [31 December 2026], the Commission shall assess the need for a revision of this Directive and, where appropriate, present a legislative proposal in that respect, accompanied by a thorough socio-economic and environmental impact assessment. / 2. In the impact assessment, the Commission shall in particular assess the following: / (a) provisions which specifically ensure that the principle of legal certainty is adhered to and that there is no provision that could entail unjustified retroactive effect in any Member State; / (b) provisions to ensure the implementation of the waste hierarchy as laid down in Article 4 of Directive 2008/98/EC; / (c) provisions to ensure that citizens and consumers are not burdened with disproportionate costs, in line with the polluter pays principle; / (d) provisions ensuring full implementation and enforcement of this Directive, in particular with regard to adequate collection targets, as well as preventing illegal trade of WEEE; / (e) creating a new ‘photovoltaic panels’ category under this Directive with the aim to disassociate photovoltaic panels from the existing WEEE category 4, ‘large equipment’, as referred to in Annexes III and IV, and calculating the collection targets on the basis of waste photovoltaic panels available for collection based on their projected lifetime, rather than on the quantity of products placed on the market; / (f) establishing a mechanism to ensure…ensur…

Directive 2012/19/EU

Change 3

ChangedArticle 1 – paragraph 1 – point 2 a (new), Article 13 – paragraph 1 – subparagraph 2: (2a) in Article 13(1), the second subparagraph is replaced by the following: / "The”The financing of the costs from historical WEEE (‘historical waste’), resulting from EEE referred to in Article 2(1), point (a), other than photovoltaic panels, which is being replaced by new equivalent products or by new products fulfilling the same function, shall be provided for by producers of those products when supplying them. Member States may, as an alternative, provide that users other than private households also be made, partly or totally, responsible for this financing."financing”

Removed(02012L0019)

Directive 2012/19/EU

Change 4

ChangedArticle 1 – paragraph 1 – point 2 b (new), Article 13 – paragraph 1 – subparagraph 3: (2 b) in Article 13(1), the third subparagraph is replaced by the following: / "For“For other historical waste resulting from EEE referred to in Article 2(1), point (a), other than photovoltaic panels, the financing of the costs shall be provided for by the users other than private households."households.”

Removed(02012L0019)

Article 2 – paragraph 1 – subparagraph 1: Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive by [18 months after the entry into force] at the latest. They shall forthwith communicate to the Commission the text of those provisions.