Assessing the Interpretation of the Producer Definition under Directive 2002/96/EC (WEEE)

Published: 27 February 2004

Policies & Issues: Environment

For the Purpose of Transposition in National Laws and for the Purpose of Enforcement at National Levels

With the principle of producer responsibility at the heart of Directive 2002/96/EC on Waste Electrical and Electronic Equipment (WEEE), national law must properly define the obligations of the 'producer' (and other economic operators involved) and must provide for an unambiguous understanding of who the legally responsible person for meeting what kind of obligation is.  Otherwise, severe consequences, including member states of not being in a position to properly enforce the directive as well as legal uncertainty for producers and economic operators, would inevitably arise and put the practicability of the directive at stake.

In this paper, Orgalime reflects on these concerns and elaborates on a possible way forward.

Orgalime believes that when transposing the directive into national laws, Member States should provide a harmonised understanding of who does what, i.e. which economic operators has to fulfil what kind of obligation under the directive. In doing so, member states will guarantee the necessary clarity and certainty to industry and make the directive work in practice.

References: 2002/96/E

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