The WEEE (Waste Electrical and Electronic Equipment) directive, passed by the European Parliament in October, is facing new challenges. The directive is now in the "linguistic verification" period, where the interpretation is determined, said Laura Heywood of UKCRA.
The directive, which will be implemented in 2004, dictates that manufacturers cannot add "features" that prevent electronic equipment from being reused, unless such a feature presents "overriding advantages." Some worry that because this doesn't specifically state that chips in printer cartridges are outlawed, the directive may be subject to interpretation.
Heywood said, "The entire WEEE Directive is currently subject to legal linguistic verification and still to be approved by the European Parliament and Council between December 16-19. But, like any law, there are interpretations of the directive that are currently taking place even before the full implementation takes place by the 15 Member States that make up the EU (European Union — UK, France, Germany, Spain, etc.)."
The UK has already seen challenges with the interpretation. There is concern that printer cartridges may be excluded from the directive, as the definition of a waste electrical or electronic device includes "all components, sub-assemblies and consumables, which are part of the product at the time of discarding." Some sides interpret this to mean only the cartridge in the printer at the time the printer is discarded qualifies.
"Some of these interpretations have caused concern, but we are dealing with it through the proper channels," Heywood said. "Whatever the opinions the Department of Trade and Industry has (it is the DTI who will be implementing the WEEE in the UK), or a Member Government has, it is EU law and it is up to EU lawyers and the Commission to interpret. What they decide is the (correct) interpretation cannot be challenged.
"We are confident that the European Parliament and Commission will make the right decisions in regard to what is the best environmental objective here — common sense and clear logic upholding the principles of reuse will take precedence over economics," said Heywood.
"There are always different interpretations — you can see what happens already in the UK," said Jan De Kesel, president of CF-Technologies. "Now is the time to act as professionals. Can we do better than them (the OEMs)? In some cases we certainly can. Bringing consistently high-quality products to the marketplace and taking care of the environment (during production and with our waste disposal) is something we all have to commit to. Without that, even with all the new legislation, we will lose the battle. With it, we can only be taken as a serious alternative to OEM or new products."
For more information on the history of the WEEE directive and its current status, see the December Recharger Magazine.
