The Council of the European Union has adopted amendments to EU law on waste electrical and electronic equipment (WEEE), which includes a variety of products such as computers, refrigerators and photovoltaic panels.
These amendments aim to align the WEEE directive with a ruling by the EU Court of Justice in 2022 on the partial invalidity of the directive due to the unjustified retroactive application of extended producer responsibility to waste photovoltaic panels placed on the market between 13 August 2005 and 13 August 2012.
The amendments clarify that:
– The costs of management and disposal of waste photovoltaic panels placed on the market after 13 August 2012 are borne by the producer of the electrical and electronic equipment (EEE).
– The extended producer responsibility for EEE products that were added to the scope of the directive in 2018 will apply to those electronic products that have been placed on the market after that date.
In addition, the amendments introduce a review clause, whereby the Commission must assess, by 2026 at the latest, the need for a revision of the directive.