MEPs walked away from the final conciliation committee meeting on the WEEE and RoHS directives in the early hours of this morning with most of their demands answered. Most significantly, they established a presumption in favour of individual producer responsibility as the pivotal principle in the law. In return, they had to settle for the council's preferred annual waste collection target of four kilograms per head. The assembly had wanted six kilos. Further details of the agreement are summarised below. Most provisions will enter into force 30 months after the legislation is officially published later this year or early next. The full parliament and council must still approve the final texts, though this is a formality.

Parliamentary delegation leader Karl-Heinz Florenz said the deal "meets the needs of consumers, environmentalists and industry". EU environment commissioner Margot Wallström hailed it as a "landmark in achieving a more sustainable waste management". "I am particularly happy we could convince member states to strengthen individual responsibility," she said. Debate over producer responsibility had dominated inter-institutional talks on the two laws, with the UK and the Netherlands pushing right to the end for more subsidiarity over how companies would be asked to finance waste treatment. A shift in the council towards the parliament's position on responsibility had begun some weeks ago, however (ED 19/09/02 http://www.environmentdaily.com/articles/index.cfm?action=a- article&ref=12902

The final text leaves ample scope for collective financing. It says producers are responsible for funding the treatment of their own products, but may execute this obligation through collective or individual financing schemes. This wording is subtly different from proposals previously emanating from either side, but much closer to the parliament's. Industry sources believe the reference to "own products" is the key, giving legal backing to firms wanting to reduce costs through better product design. "There is now a real incentive for every manufacturer to create products of which more parts can be recycled more completely," Henrik Sundström of appliance maker Electrolux said today.

Green campaigners agreed: the European environmental bureau was "delighted" at seeing a precedent set for individual responsibility. Attention will now turn to implementation of the laws in member states, likely to prove a daunting task for authorities: a UK survey by Mirec Environmental found that fewer than one in five companies were aware of the directives. The agreement in summary: Member states try to ensure no waste electronic and electrical equipment enters the municipal waste stream; average of four kilos annually must be collected per inhabitant by end 2006. Members of the public able to return waste equipment free of charge.

Equipment producers responsible for financing waste treatment of their own products; wording allows collective or individual financing schemes. Historical waste generated before the directive enters into force to be treated through collective financing; producers able to recoup this cost through a "visible fee" sales tax on new products for eight years, or ten in the case of large household items such as fridges.

"Orphan" waste to be avoided through a system of financial guarantees required from all firms before their products can be placed on the market. Labelling of goods with the producer's name mandatory. Firms will have to meet recycling targets of between 50% and 75% of product weight depending on appliance type. Recovery targets slightly higher. Small businesses not exempted from the law.

Companies "encouraged" to make all products and components reusable. Lead, mercury, cadmium, hexavalent chromium and the brominated flame retardants PBDE and PBB to be banned in manufacture from July 2006. National bans in place before entry into force may remain.

Follow-up:
EU council of ministers http://www.consilium.eu.int/, tel: +32 2 285 6211;
European parliament http://www.europarl.eu.int/, tel: +32 2 284 2111,
press releases from Karl-Heinz Florenz http://www.environmentdaily.com/docs/florenz1.doc (German), European Commission http://europa.eu.int/rapid/start/cgi/guesten.ksh?p_action.g-gettxt=gt&doc=IP/02/1463|0|RAPID&lg=EN&di splay=,
the EEB http://www.eeb.org/press/press_release_electro_scrap_11_10_- _02.htm,
Electrolux http://www.environmentdaily.com/docs/electrolux1.doc,
Mirec http://www.environmentdaily.com/docs/mirec1.