Considerations on COM(2004)81 - Granting of the Czech Republic, Estonia, Hungary, Latvia, Lithuania, Slovenia and Slovakia certain temporary derogations from Directive 2002/96/EC on waste electrical and electronic equipment

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(1) According to the first subparagraph of Article 5(5) of Directive 2002/96/EC of the European Parliament and of the Council of 27 January 2003 on waste electrical and electronic equipment (WEEE)(1), Member States are to ensure that by 31 December 2006 at the latest a rate of separate collection of at least four kilograms on average per inhabitant per year of waste electrical and electronic equipment from private households is achieved.

(2) Article 7(2) of Directive 2002/96/EC lays down certain minimum targets for the recovery of waste electrical and electronic equipment and for component, material and substance reuse and recycling. The Member States have to ensure that producers meet these targets by 31 December 2006.

(3) In accordance with Article 17(1) of Directive 2002/96/EC, Member States are to bring into force the laws, regulations and administrative provisions necessary to comply with that Directive by 13 August 2004. However, Article 17(4)(a) of Directive 2002/96/EC provides that Greece and Ireland which, because of their overall recycling infrastructure deficit, geographical circumstances such as the large number of small islands and the presence of rural and mountain areas, low population density and low level of consumption of electrical and electronic equipment are unable to reach either the collection target mentioned in the first subparagraph of Article 5(5) of Directive 2002/96/EC or the recovery targets mentioned in Article 7(2) thereof and which, under the third subparagraph of Article 5(2) of Council Directive 1999/31/EC of 26 April 1999 on the landfill of waste(2), may apply for an extension of the deadline mentioned in that Article, may extend the periods referred to in Articles 5(5) and 7(2) of Directive 2002/96/EC by up to 24 months.

(4) On the basis of Article 55 of the 2003 Act of Accession the Czech Republic, Estonia, Hungary, Latvia, Lithuania, Slovakia and Slovenia have requested temporary derogations from the time limits laid down in the first subparagraph of Article 5(5) and Article 7(2) of Directive 2002/96/EC, stating as their reasons their recycling infrastructure deficit, low population density and low level of consumption of electrical and electronic equipment and geographical circumstances, such as the presence of rural areas.

(5) Those reasons justify an extension of the abovementioned time limits for the Czech Republic, Estonia, Hungary, Latvia, Lithuania and Slovakia by 24 months, and for Slovenia by 12 months.