EUのマルチメディア関連廃棄物に関する規制案-1

The Draft Directive on Waste from Electronic and Electrical Equipment-1

EUのエレクトロニクス・電気機器の廃棄物に関する規制案-1

EU(European Union)が1999年5月5日に、エレクトロニクス製品に使われる鉛、水銀、カドミウム、六価クロム、ハロゲン系難燃剤などを2004年1月1日までに段階的に撤廃を求める規制案として、「エレクトロニクス・電気機器の廃棄物に関する規制案(The Draft Directive on Waste from Electronic and Electrical Equipment)」を提案した。この規制案は、実質上、欧州連合圏内で販売されるあらゆるエレクトロニクス製品が対象となるため、世界中のメーカーに影響し、同時に世界規格になる可能性も高いので、ここに全文を掲載する。EU(欧州連合/European Union)は2003年12月13日に、2003年7月18日に公開された欧州連合憲法(European Union Constitution)案の制定論議を続けていたEU首脳会議は最大の争点だった閣僚理事会の投票での「持ち票」制度をめぐって、人口比を反映する新方式の導入を求めるドイツやフランス、イタリア、ベルギー、ルクセンブルグ、オランダなど多数国と、現状維持を求めるポーランド、スペイン、チェコ共和国、スロバキアなどとの溝が埋まらずに決裂した。EUは2004年5月に、15カ国に中東欧など10カ国が加わって「25カ国体制」になり、2004年6月には欧州議会の選挙も予定されている。詳細情報はURL(http://www.guardian.co.uk/worldlatest/story/0,1280,-3500669,00.html)または、URL(http://european-convention.eu.int/bienvenue.asp?lang=EN)で知ることができる。外務省は2005年12月21日に、EUの経済動向調査報告書を公開した、詳細情報はURL(http://www.mofa.go.jp/mofaj/area/eu/keizai_doukou.html)で知ることができる。VNUnet UKは2007年4月4日に、様々なエレクトロニクス・メーカーのために再生と毒性について評価した「Green Electronics Guide」で、グリーンピース(Greenpeace)は2007年4月3日にApple社を最下位にしたと報告した。その逆に、Lenovoを称賛した。2006年8月に発行された「Green Electronics Guide」で、Lenovoが1位になり、Apple社は14業者中14位であったが、12月に最下位に転落した。グリーンピースは、総売上高の割合として再生された設備の量を報告からLenovoの再生方針を称賛した。
トップ5は、
2位ノキア社
3位ソニーエリクソン社
4位デル社
5位三星
で、グリーンピースは、ランキングが最初に始められて以来、Apple社が全く進歩していないと言った。Apple社は激しく、環境に優しくないというグリーンピースの査定を否定した。スポークスマンはGreen Electronic Councilのランキング用EPEAT(Electronic Product Environmental Assessment Tool)では、Apple社のiMac、MacPro、MacBookを最上位にしていると報告した。ヒッピー道の風上にも置けない!詳細情報はURL( http://www.merit.unu.edu/i&tweekly/ref.php?nid=2984)または、URL(http://www.greenpeace.org/international/campaigns/toxics/electronics/how-the-companies-line-up)で知ることができる。

SECOND DRAFT PROPOSAL FOR A DIRECTIVE ON WASTE FROM ELECTRICAL AND ELECTRONIC EQUIPMENT

Article 1
Objectives

This Directive sets out measures that aim, firstly, at the prevention of waste from electrical and electronic equipment, secondly at the re-use, recycling and other forms of recovery of such wastes, and thirdly at
minimising the risks and impacts to the environment associated with the treatment and disposal of end-of-life electrical and electronic equipment. It is also the aim of this Directive to harmonise national measures concerning end-of-life electrical and electronic equipment in order to ensure the functioning of the internal market and to avoid obstacles to trade and distortion of competition within the Community.

Article 2
Definitions

For the purposes of this Directive:

1. 'Electrical and Electronic Equipment' shall mean equipment which is dependent on electric currents or electromagnetic fields in order to work properly and equipment for the generation, transfer and measurement of such currents and fields falling under the categories set out in Annex I A and designed for use with a voltage rating not exceeding 1000 Volt for alternating current and 1500 Volt for direct current. Electrical and Electronic Equipment includes all components and sub-assemblies which are part of the product as well as consumables which are referred to in Annex II;

2. 'End of life Electrical and Electronic Equipment' is electrical or electronic equipment which is a waste within the meaning of Article 1(a) of Directive 75/442/EEC;

3. 'Prevention' shall mean measures aiming at the reduction of the quantity and the harmfulness for the environment of end of life electrical and electronic equipment, their materials and substances;

4. 'Re-use' shall mean any operation by which end of life electrical and electronic equipment or its components are used for the same purpose for which they were conceived. 'Re-use' includes the continued use of end of life electrical and electronic equipment which is returned to collection points, distributors or manufacturers.

5. 'Recycling' shall mean the reprocessing in a production process of the waste materials for the original purpose or for other purposes excluding the use and processing for use as fuel or as other means of generating energy;

6. 'Recovery' shall mean any of the applicable operations provided for in Annex II.B to Directive 75/442/EEC;

7. 'Disposal' shall mean any of the applicable operations provided for in Annex II.A to Directive 75/442/EEC;

8. 'Treatment' shall mean any activity after the end of life electrical or electronic equipment has been handed over to a facility for pre-treatment, depollution, dismantling, shredding, recovery or disposal, and any other operation carried out for the recovery and/or the disposal of the end of life electrical or electronic equipment and its components;

9. 'Producer' shall mean manufacturer of electrical and electronic equipment or professional importer of electrical and electronic equipment into a Member State;

10. 'Distributor' shall mean anyone who provides a product on a commercial basis to the party who is going to use that product;

11. 'Waste from private households' shall mean waste from private
households, as well as commercial, industrial, institutional and other waste which, because of its nature and quantity, is similar to waste from private households.

12. 'Dangerous substance or preparation' shall mean any substance or preparation which has to be considered dangerous under Directive 67/548/EEC or Directive 88/379/EEC.

Article 3
Scope

1. This Directive shall cover the categories of electrical and electronic equipment falling under the categories set out in Annex I A, regardless of the date when this equipment was put on the market.

2. This Directive shall apply without prejudice to other Community
legislation in particular as regards safety standards.

Article 4
Measures to improve recycling

1. Member States shall encourage producers to minimise, as far as possible, the use of dangerous substances and preparations as well as the number of different types of plastics in the individual items.

2. Member States shall ensure that measures to improve recycling are implemented. In particular, Member States shall:

a.promote the design and production of electrical and electronic equipment which takes into full account and facilitates their repair, possibility to be upgraded, re-use, dismantling and recycling. In particular, Member States shall encourage the producers to increase the use of materials which can be easily recycled;

b.ensure that producers use common component and material coding standards, in particular to facilitate the identification of those components and materials which are suitable for re-use and recycling. Member States shall ensure that ISO 11469 on the generic identification and marking of plastic products is applied to plastic parts weighing more than 25 grams.

3. The Commission shall promote, as appropriate, the preparation of European standards relating to the design of electrical and electronic equipment according to paragraph 2 a), b) and Article 7 paragraph 5. With regard to the implementation of these paragraphs Member States shall take into account existing international standards.

4. Member States shall ensure that the use of lead, mercury, cadmium, hexavalent chromium and halogenated flame retardants is phased out by 1 January 2004. The applications of lead, mercury, cadmium and halogenated flame retardants listed in Annex III are exempted from this provision. This paragraph shall be inserted in Annex I to Council Directive 76/769/EEC on the approximation of the laws, regulations and administrative provisions of the Member States relating to restrictions on the marketing and use of certain dangerous substances and preparations.

Article 5
Separate Collection

1. Member States shall take the necessary measures to ensure that producers set up systems so that last holders and distributors can return end of life electrical and electronic equipment. They shall ensure the availability and balanced geographical distribution of the necessary collection facilities to meet this obligation.

2. Member States shall ensure that distributors, when supplying a new product, offer to take back free of charge a similar end of life electrical and electronic equipment from private households.

3. Member States shall ensure that collection and transport of end-of-life electrical and electronic equipment is carried out in a way which ensures the suitability for re-use and recycling of those components or whole appliances which might be re-used and/or recycled.

4. Member States shall aim at achieving a minimum rate of separate collection of four kilograms on average per inhabitant per year of end-of-life electrical and electronic equipment from private households.
Member States shall provide information on the achieved rates of collection from private households to the Commission by 1 January 2004 and on a three-yearly basis thereafter. The information shall be provided in a format which shall be adopted by the Commission within one year from the entry into force of this Directive in accordance with the procedure laid down in Article 18 of Directive 75/442/EEC.

5. On the basis of the information gathered under Article 5.4 and taking into account information gathered under Article 11, the Commission will propose that the Council and the Parliament shall establish compulsory targets for collection of end-of-life electrical and electronic equipment from private households from 1 January 2006 onwards.

Article 6
Pre-treatment and Treatment

1. Member States shall ensure pre-treatment in accordance with this Article prior to the landfilling, incineration or recovery of separately collected end-of-life electrical or electronic equipment. Such a pre-treatment shall be carried out in a way which ensures the suitability for re-use and recycling of those components or whole appliances which might be re-used and/or recycled.

2. Member States shall ensure that producers set up systems to provide for the pre-treatment of end-of-life electrical and electronic equipment that is separately collected and destined for landfilling, incineration or recovery. For the purposes of Article 4 of Directive 75/442/EEC this pre-treatment shall, as a minimum, include the removal of all fluids and a selective treatment according to Annex IV.

3. Member States shall take the necessary measures to ensure that any establishment or undertaking carrying out treatment operations shall obtain a permit from the competent authorities, in compliance with Articles 9 and 10 of Directive 75/442/EEC. The derogation from the permit requirement referred to in Article 11, paragraph 1, of Directive 75/442/EEC shall not apply to operations concerning end of life electrical and electronic equipment covered by this Directive.

4. Member States shall take the necessary measures to ensure that any establishment or undertaking carrying out treatment operations shall store and treat the end of life electrical and electronic equipment in compliance with the technical requirements set out in Annex V.

5. Member States shall take the necessary measures to ensure that the permit referred to in paragraph 3 includes all conditions necessary for compliance with the requirements of paragraph 2 and 4 as well as Article 7 paragraph 2 and 3.

6. The treatment operation may also be undertaken outside the respective Member State or the EU. In all cases, Member States shall ensure that producers deliver the end-of-life electrical and electronic equipment to establishments or undertakings which are certified under equivalent conditions as those set out in this Article.

Article 7
Recovery

1. Member States shall take the necessary measures to ensure that producers set up systems to provide for the recovery of the separately collected end of life electrical and electronic equipment in order to meet the objectives laid down in this Directive.

2. Member States shall take the necessary measures to ensure that no later than 1 January 2004 the following targets are attained by producers:

a.For all separately collected end-of-life electrical and electronic equipment that contain CFC, HCFC or HFCs, the rate of component, material and substance re-use and recycling shall reach a minimum of 90 % by weight of the appliances.

b.For all separately collected end-of-life electrical and electronic equipment falling under category 1 (large household appliances) of Annex I A, with the exception of equipment that contain CFC, HCFC or HFCs, the rate of component, material and substance re-use and recycling shall reach a minimum of 90 % by weight of the appliances.

c.For all separately collected end-of-life electrical and electronic equipment falling under the category 2, 3, 4, 5, 7, 8, 9 and 10 of Annex I A the rate of component, material and substance re-use and recycling shall reach a minimum of 70 % by weight of the appliances.

d.For all separately collected end-of-life gas discharge lamps the rate of component, material and substance re-use and recycling shall reach a minimum of 90% by weight of the appliances.

e.For all separately collected end-of-life electrical and electronic equipment containing a Cathode Ray Tube the rate of component, material and substance re-use and recycling shall reach a minimum of 90% by weight of the appliances.

3. For the measurement of the recycling rates the denominator is constituted by the total weight of the materials contained in the appliances sent to the recycler. This weight is calculated on the basis of the average composition of the respective appliances. The numerator is constituted by the weight of the materials sent by the recycler to specialised recycling enterprises.

4. Without prejudice to paragraph 2 Member States shall also promote the recovery of energy from end of life electrical and electronic equipment.

5. Member States shall encourage producers to integrate an increasing quantity of recycled or used material in electrical and electronic equipment. Member States shall take this requirement into account with regard to national legislation on public procurement. Member States shall ensure that the share of recycled plastic in new electrical and electronic equipment amounts at least to five percent of the total plastic content by 1 January 2004.

6. On the basis of a Proposal from the Commission, the Council and the Parliament shall establish targets for re-use and recycling of end-of-life electrical and electronic equipment as well as the minimum content of recycled plastic in new electrical and electronic equipment from 1 January 2006 onwards.

Article 8
Financing

1. Member States shall ensure that private households can return end-of-life electrical and electronic equipment free of charge. To this end Member States shall ensure that the costs for collection, treatment, the recovery and the environmentally sound disposal of electrical and electronic equipment from private households are borne by producers.

2. Member States shall ensure that producers may create collective systems to provide for the financing in accordance with paragraph 1. Member States shall ensure that producers individually or collectively provide for appropriate guarantees for the financing of the management of waste of electrical and electronic equipment used by private households and put on the market after entry into force of this Directive.

3. Member States shall ensure that producers are allowed to comply with the obligation of paragraph 1 individually under the condition that they contribute to the financing of the management of waste from electrical and electronic equipment put on the market before the entry into force of this Directive. The share of this contribution shall be in proportion to the individual producer's market share at the time of payment.

Article 9
Information for users

1. Member States shall ensure that users of electrical and electronic equipment, including in particular private households, obtain the necessary information about: the return and collection systems available to them, their role in contributing to re-use, recycling and other forms of recovery of end of life electrical and electronic equipment, the meaning of the symbol shown in Annex VI.

2. With a view to achieving a high rate of collection Member States shall ensure that producers appropriately mark electrical and electronic equipment falling under the categories 2, 3, 4, 5, 6, 7, 8, 9 and 10 of Annex I A, as well as the consumables listed in Annex II with the symbol shown in Annex VI.

Article 10
Information for recyclers

Member States shall ensure that producers provide manuals which identify, as far as it is needed by treatment facilities, the different electrical and electronic equipment components and materials, and the location of all dangerous substances and preparations in the electrical and electronic equipment.

Article 11
Information for authorities

1. Member States shall ensure that producers provide information yearly on the quantities of electrical and electronic equipment put on the market within the Member States, both by numbers and by weight as well as on the market saturation in the respective product sectors. It has to be indicated under which of the categories of Annex IA the equipment falls and whether it is sold to professional users or private households.

2. Member States shall ensure that the information required in paragraph 1 is transmitted to the Commission by 1 January 2004 and every three years from that date in accordance with Article 5.5.

Article 12
Management Plans

In pursuance of the objectives and measures referred to in this Directive, Member States shall include in the waste management plans required pursuant to Article 7 of Directive 75/442/EEC, a specific chapter on the management of end of life electrical and electronic equipment.

Article 13
Obligation to report

Member States shall report to the Commission on the application of this Directive in accordance with Article 5 of Council Directive 91/692/EEC. The first report shall cover the period 2002-2004.

Article 14
Implementation in national law

1. Member States shall bring into force the law, regulations and administrative provisions necessary to comply with this Directive within 18 months from the adoption of this Directive. They shall immediately inform the Commission thereof.

2. When Member States adopt these provisions, these shall contain a reference to this Directive or shall be accompanied by such reference at the time of their official publication. The procedure for such reference shall be adopted by Member States.

3. Member States shall communicate to the Commission all existing laws, regulations and administrative provisions adopted within the scope of this Directive.

Article 15
Committee procedure

The Commission shall be assisted by the committee established by Article 18 of Directive 75/442/EEC, and according to the procedure laid down therein, in order to adopt the amendment necessary for adapting the Annexes to this Directive to scientific and technical progress.

Article 16
Entry into force

This Directive shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Communities.