The Assessment of the Scope of Directive 2002/96/EC on WEEE and Directive 2002/95/EC on RoHS

After its entry into force on 13 February 2003, Directive 2002/96/EC on Waste Electrical and Electronic Equipment (WEEE) and Directive 2002/95/EC on Restriction of certain Hazardous Substances (RoHS) are currently under transposition into national law of EU Member States.

In addition to our work on interpretative guidelines to the WEEE and RoHS directives, Orgalime has issued this position paper concerning the assessment of the scope of WEEE and RoHS footing on three key principles:

Based on EC Treaty article 95, the scope of the ROHS directive is harmonised at European level.

Though based on EC Treaty article 175, it is equally important that Member States agree on one single, harmonised scope of the WEEE directive.

The definition of the scope of the directives should not have as a result that the responsibility and the cost for the recycling of a particular product type is shifted to an industry sector - or a group of producers - that does not manufacture these products.

Apart from some general criteria for the transposition, we address the question of possibly further criteria apart from the text of the directives for defining equipment, which would be considered falling under WEEE and RoHS.
 

References: 2002/96/EC - 2002/95/EC