Practicability and Enforceability of the WEEE Recast Proposal

AUTHORS: Andrew Farmer – Emma Watkins

In December 2008 the Commission adopted a Recast Proposal for the WEEE Directive. The WEEE Directive has been a challenge to implement in many Member States, from ensuring effective collection and treatment to controlling shipments outside the EU. IMPEL, therefore, undertook a study to examine views of its members of the practicability and enforceability of the changes proposed by the Commission.

The report, written by Andrew Farmer and Emma Watkins, found that most IMPEL members have positive views on many proposed changes, including greater clarity in the scope and definitions, improved coherence with the new Directive on waste, clarification of producer registration, clarification of WEEE reporting and a greater emphasis on inspection and enforcement. However, some members raised concerns over the clarity and consistency of certain new and changed terms and definitions, in particular on the definition and interpretation of ‘producer’ and in being clear on what is WEEE. Concern was also raised on the extent to which requirements on disposal and treatment will address leakage of WEEE and preventing hazardous substances from returning to the environment or recycled products.

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