Directive 2012/19/EU of the European Parliament and of the CouncilShow full title

Article 7 Collection rate

1. Without prejudice to Article 5(1), each Member State shall ensure the implementation of the ‘producer responsibility’ principle and, on that basis, that a minimum collection rate is achieved annually. From 2016, the minimum collection rate shall be 45 % calculated on the basis of the total weight of WEEE collected in accordance with Articles 5 and 6 in a given year in the Member State concerned, expressed as a percentage of the average weight of EEE placed on the market in the three preceding years in that Member State. Member States shall ensure that the volume of WEEE collected evolves gradually during the period from 2016 to 2019, unless the collection rate laid down in the second subparagraph has already been achieved.

From 2019, the minimum collection rate to be achieved annually shall be 65 % of the average weight of EEE placed on the market in the three preceding years in the Member State concerned, or alternatively 85 % of WEEE generated on the territory of that Member State.

Until 31 December 2015, a rate of separate collection of at least 4 kilograms on average per inhabitant per year of WEEE from private households or the same amount of weight of WEEE as was collected in that Member State on average in the three preceding years, whichever is greater, shall continue to apply.

Member States may set more ambitious rates for separate collection of WEEE and shall in such a case report this to the Commission.

2. In order to establish whether the minimum collection rate has been achieved, Member States shall ensure that information concerning the WEEE that is separately collected in accordance with Article 5 is transmitted to the Member States free of charge, including at least information on WEEE that has been:

(a) received by collection and treatment facilities;

(b) received by distributors;

(c) separately collected by producers or third parties acting on their behalf.

3. By way of derogation from paragraph 1, Bulgaria, the Czech Republic, Latvia, Lithuania, Hungary, Malta, Poland, Romania, Slovenia and Slovakia may, because of their lack of the necessary infrastructure and their low level of EEE consumption, decide to:

(a) achieve, from 14 August 2016, a collection rate that is lower than 45 % but higher than 40 % of the average weight of EEE placed on the market in the three preceding years; and

(b) postpone the achievement of the collection rate referred to in the second subparagraph of paragraph 1 until a date of their own choice which shall not be later than 14 August 2021.

4. The Commission shall be empowered to adopt delegated acts in accordance with Article 20 laying down the necessary transitional adjustments in order to address difficulties faced by Member States in adhering to the requirements laid down in paragraph 1.

5. In order to ensure uniform conditions for the implementation of this Article, the Commission shall, by 14 August 2015, adopt implementing acts establishing a common methodology for the calculation of the weight of EEE placed on the national market and a common methodology for the calculation of the quantity of WEEE generated by weight in each Member State. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 21(2).

6. The Commission shall, by 14 August 2015, present a report to the European Parliament and to the Council on the re-examination of the deadlines relating to the collection rates referred to in paragraph 1 and on possibly setting individual collection rates for one or more categories set out in Annex III, particularly for temperature exchange equipment, photovoltaic panels, small equipment, small IT and telecommunication equipment and lamps containing mercury. The report shall, if appropriate, be accompanied by a legislative proposal.

7. If the Commission considers, on the basis of an impact study, that the collection rate based on WEEE generated requires revision, it shall submit a legislative proposal to the European Parliament and the Council.