EC Starts Legal Action for RoHS/WEEE Violations

October 19, 2007 // Published as a news service by IHS

The EC says the three Baltic states have not correctly transposed certain provisions of the Waste Electrical and Electronic Equipment (WEEE) directive, and six member states have not properly done so for the Restriction of Hazardous Substances (RoHS) directive.

The EC is carrying out compliance checks on relevant legislation in other member states and may need to open further infringement procedures.

Stavros Dimas, EC environment commissioner, said, "Electrical and electronic equipment can contain significant levels of hazardous substances. When these appliances become waste, there is the danger that hazardous substances can be released into the environment and pose a danger to human health. These two directives are designed to minimise that risk, but member states need to properly transpose them into national law as quickly as possible to ensure the safety of their citizens."

Waste of electrical and electronic equipment
The WEEE directive (directive 2002/96/EC) seeks to increase the amount of waste electrical and electronic equipment that is recycled. The aim is to limit the total amount of waste that is discarded. The directive obliges producers to take back used equipment and recycle it - without charge to consumers. The legislation covers a wide range of machines and appliances, including refrigerators, computers, hairdryers and mobile phones.

Member states were required to transpose the WEEE directive into national legislation by Aug. 13, 2004 and to put in place take-back and recycling systems by Aug. 13, 2005. According to the EC, the three Baltic states (Estonia, Latvia and Lithuania) have not properly transposed the directive. The shortcomings vary from one country to another. They include incorrect or missing requirements and non-compliant collection and treatment provisions that do not cover waste exports.

The EC is, therefore, sending these member states a first warning letter, the first stage in an infringement procedure. It will decide on the need for further action in the light of the responses received.

Hazardous materials in electrical and electronic equipment
The RoHS directive (directive 2002/95/EC) aims to reduce the amount of hazardous waste generated by the types of electrical and electronic equipment covered by the WEEE directive. To achieve this, for new electrical and electronic equipment, the EC bans the use above certain levels of some heavy metals and brominated flame retardants. The ban applies to all equipment placed on the market as of July 1, 2006.

As with the WEEE directive, member states were required to transpose the RoHS directive into national law by Aug. 13, 2004. The EC considers that Belgium, Denmark, Lithuania, Malta, Finland and Sweden have not properly implemented the RoHS directive into national law. These failings vary from country to country, but problems common to several include incorrect or missing definitions of the concept of "producer," inappropriate or missing penalties for violations of the directive and a failure to specify that the directive applies without prejudice to EU legislation on safety and health requirements and to specific EU waste legislation.

The EC has, therefore, decided to send first written warnings to these six member states. It will decide on the need for further action in the light of the responses received.

Legal process
Article 226 of the treaty by which the EU was formed gives the EC powers to take legal action against a member state that is not respecting its obligations.

If the EC considers that there may be a violation of EU law that warrants the opening of an infringement procedure, it addresses a "Letter of Formal Notice" (first written warning) to the member state concerned, requesting it to submit its observations by a specified date, usually two months.

In the light of the reply or absence of a reply from the member state concerned, the EC may decide to address a "Reasoned Opinion" (final written warning) to the member state. This clearly and definitively sets out the reasons why it considers there to have been an infringement of EU law, and calls upon the member state to comply within a specified period, usually two months.

If the member state fails to comply with the Reasoned Opinion, the EC may decide to bring the case before the European Court of Justice. If that court finds that the treaty has been infringed, the offending member state is required to take the measures necessary to conform.

Article 228 of the treaty gives the EC power to act against a member state that does not comply with a previous judgement of the European Court of Justice. The article also allows the EC to ask the court to impose a financial penalty on the member state concerned.

Rulings by the European Court of Justice are available online.

Source: European Commission.