Decision 2005/369 - 2005/369/EC: Commission Decision of 3 May 2005 laying down rules for monitoring compliance of Member States and establishing data formats for the purposes of Directive 2002/96/EC on waste electrical and electronic equipment (notified under document number C(2005) 1355) - Main contents

COMMISSION DECISION

of 3 May 2005

laying down rules for monitoring compliance of Member States and establishing data formats for the purposes of Directive 2002/96/EC of the European Parliament and of the Council on waste electrical and electronic equipment

(notified under document number C(2005) 1355)

(2005/369/EC)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Directive 2002/96/EC of the European Parliament and of the Council of 27 January 2003 on waste electrical and electronic equipment (WEEE) (1), and in particular the second subparagraph of Article 7(3) and the third subparagraph of Article 12(1) thereof,

Whereas:

HAS ADOPTED THIS DECISION:

Article 1

Member States shall report the information required in Article 12(1) of Directive 2002/96/EC using the data formats set out in Table 1 of the Annex to this Decision.

Article 2

• 1. 

  Member States shall demonstrate compliance with the recovery, reuse and recycling rates set out in Article 7(2) of Directive 2002/96/EC by completing Table 2 set out in the Annex to this Decision.

When completing that table, Member States may use an estimate as to the average percentage of reused, recycled and recovered materials, such as metals, glass and plastics, and components of waste electrical and electronic equipment.

• 2. 

  Where waste electrical and electronic equipment is exported for treatment in a third country, or is sent for treatment in another Member State in accordance with Article 6(5) of Directive 2002/96/EC, only the Member State which has collected and exported that waste equipment may count it towards the targets set out in Article 7(2) of that Directive.

• 3. 

  Member States shall determine whether documentary evidence additional to the proof required under the second subparagraph of Article 6(5) of Directive 2002/96/EC is necessary.

Article 3

When transmitting Tables 1 and 2 of the Annex to the Commission, Member States shall provide the Commission with a detailed description of how the data have been compiled, and shall give an explanation of estimates and methodology used.

Article 4

This Decision is addressed to the Member States.

Done at Brussels, 3 May 2005.

For the Commission

Stavros DIMAS

Member of the Commission

• (1) 

  OJ L 37, 13.2.2003, p. 24. Directive as amended by Directive 2003/108/EC (OJ L 345, 31.12.2003, p. 106).

• (2) 

  OJ L 30, 6.2.1993, p. 1. Regulation as last amended by Commission Regulation (EC) No 2557/2001 OJ L 349, 31.12.2001, p. 1).

• (3) 

  OJ L 194, 25.7.1975, p. 39. Directive as last amended by Regulation (EC) No 1882/2003 of the European Parliament and of the Council (OJ L 284, 31.10.2003, p. 1).

ANNEX

Table 1

Waste electrical and electronic equipment (WEEE) collected and exported (Articles 5 and 12 of Directive 2002/96/EC)

Table 2

Recovery, recycling and reuse, targets (Article 7(2) of Directive 2002/96/EC)

• (1) 

  If this is not possible, by numbers.

• (2) 

  If this is not possible, by numbers.

This summary has been adopted from EUR-Lex.