Commission Implementing Decision (EU) 2019/2193 of 17 December 2019 laying down rules for the calculation, verification and reporting of data and establishing data formats for the purposes of Directive 2012/19/EU of the European Parliament and of the Council on waste electrical and electronic equipment (WEEE) (notified under document C(2019) 8995) (Text with EEA relevance)

1 The weight of waste electrical and electronic equipment (WEEE) reported as prepared for re-use shall be the weight of whole appliances, which have become waste, and of components of WEEE that, following checking, cleaning or repairing operations, can be re-used without any further sorting or pre-processing. Where components are prepared for reuse, only the weight of the component itself shall be reported as prepared for re-use. Where whole appliances are prepared for reuse, and only components representing in total less than 15 % of the entire weight of the appliance are replaced by new components during the preparation for re-use process, the entire weight of the appliance shall be reported as prepared for re-use. Appliances and components that are separated at WEEE treatment facilities and are to be re-used without any further sorting or pre-processing shall also be reported as prepared for re-use.

2 The weight of WEEE entering a recycling facility shall be the weight of materials originating from WEEE that, after proper treatment in accordance with Article 8(2) of Directive 2012/19/EU, enter the recycling operation whereby waste materials are reprocessed into products, materials or substances that are not waste. Preliminary activities including sorting, dismantling, shredding or other preliminary treatment to remove waste materials that are not destined for subsequent reprocessing shall not be considered recycling. The points where certain waste materials originating from WEEE are considered to enter the recycling operation are specified in Annex I. Where waste materials cease to be waste as a result of preliminary treatment at the points specified in Annex I, the amount of those materials shall be included in the amount of WEEE reported as recycled. Where a recycling facility carries out preliminary treatment, the weight of the materials removed during preliminary treatment that are not recycled shall not be included in the quantity of WEEE reported as recycled or recovered by that facility and shall not count towards the achievement of the recycling and recovery targets.

3 The weight of WEEE reported as recovered shall include preparing for re-use, recycling and other recovery, including energy recovery.

4 The weight of WEEE reported as treated in a given Member State shall not include the weight of WEEE sorted and stored in that Member State prior to its export to another Member State or outside the Union for treatment.

5 The weight of WEEE reported by a Member State as treated in another Member State or as treated outside the Union shall include respectively the quantities of WEEE that are whole appliances, which have become waste, and are sent to another Member State or outside the Union in order to be de-polluted, dismantled, shredded, recycled or recovered. This weight shall not include the quantities of exports of materials derived from the treatment of WEEE taking place in the reporting Member State.

6 Where WEEE is sent for treatment in another Member State or exported for treatment in a third country in accordance with Article 10 of Directive 2012/19/EU, only the Member State that has collected and sent or exported that WEEE for treatment may count it towards the minimum recovery targets referred to in Article 11(1) of Directive 2012/19/EU.

7 Member States may use substantiated estimates as referred to in Article 16(4) of Directive 2012/19/EU to calculate the average percentage of recycled and recovered materials originating from WEEE and of components of WEEE.

1 Member States shall report the quantities of electrical and electronic equipment (EEE) placed on their markets, of WEEE collected through all routes, the collection rate achieved and, where applicable, the quantity of WEEE generated, using the format set out in Table 1 of Annex II. That data shall be reported per category of EEE set out in Annex III to Directive 2012/19/EU. For category 4 ‘large equipment’, data shall be reported under two sub-categories, namely ‘4a: Large equipment excluding photovoltaic panels’ and ‘4b: Photovoltaic panels’.

2 Member States shall report the quantities of WEEE prepared for re-use, recycled and recovered, the combined rate achieved for preparing for re-use and recycling, the recovery rate achieved and the quantities of WEEE treated in the Member State and, where relevant, treated in another Member State or outside the Union using the format set out in Table 2 of Annex II. That data shall be reported per category of EEE set out in Annex III to Directive 2012/19/EU. For category 4 ‘large equipment’, data shall be reported under two sub-categories, namely ‘4a: Large equipment excluding photovoltaic panels’ and ‘4b: Photovoltaic panels’.

3 Member States shall report the data referred to in paragraphs 1 and 2 in electronic form, by means of an interchange standard set up by the Commission.

4 Member States shall report the data on the weight of EEE placed on the market as calculated in accordance with Article 3 of Implementing Regulation (EU) 2017/699.

5 Member States shall report the data on the weight of WEEE generated as calculated in accordance with to Article 4 of Implementing Regulation (EU) 2017/699.

6 Member States shall report the collection rate attained in a reporting year calculated on the basis of the average weight of EEE placed on their markets in the three preceding years. Where a Member State calculates the collection rate on the basis of the quantity of WEEE generated in its territory, it shall report data on the weight of WEEE generated and data on the WEEE collection rate based on WEEE generated. Where a Member State calculates the collection rate on the basis of the average weight of EEE placed on the market in the three preceding years, it may report, on a voluntary basis, data on the weight of WEEE generated and data on the WEEE collection rate based on WEEE generated.

7 Member States shall submit a quality check report using the format set out in Annex III to this Decision. Where Member States use substantiated estimates to report data on the quantities and categories of WEEE collected through all routes, on WEEE treated within the Member State, or on the average percentage of recycled and recovered materials originating from WEEE and of components of WEEE, the methodology used for those estimates shall be described in the quality check report.

This Decision is addressed to the Member States.