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EU
Sues Member States over RoHS Failures
Europa
Press Release
On October 17, 2007,
the European Commission (EC) initiated legal proceedings against eight
Member States that have failed to adequately
transpose
RoHS or
WEEE into national law. The deadline for
transposition of both directives was August 13, 2004. Legal action
against other Member States is possible because compliance checking by
the Commission is ongoing.
According to the
Commission, Estonia, Latvia and Lithuania
have not properly implemented (or transposed) the WEEE directive into
the national law of their respective countries. Shortcomings include
incorrect or missing requirements, non-compliant collection or treatment
provisions, and failure to include waste that is exported.
The Commission also
charges that Belgium, Denmark, Lithuania,
Malta, Finland and Sweden have not properly transposed the
RoHS directive. Common problems include incorrect or missing definitions
of the term 'producer', inappropriate or missing penalties for
violations, and failure to specify that the directive applies 'without
prejudice' to other EU safety, health and waste legislation.
The Commission will
follow a three-step legal process. The "Letter
of Formal Notice" is the first written warning, after which
the Member State has two months to submit its observations, rationale
and justification. The "Reasoned Opinion" is the final written warning,
after which the Member State has two months to comply with the opinion.
As a last resort, the Commission may bring the case before the Court of
Justice.
Apparently,
manufacturers and producers are not the only ones having difficulty
implementing RoHS and WEEE.
This summary is
intended to give you an easy-to-understand overview and does not
constitute legal advice. The actual standard in the original language
should be reviewed and used for all business, legal, and product
compliance purposes.
If you would like assistance in
preparing your company to meet the challenges of a continuously changing
regulatory environment, please
email
or call at 972-679-8996.
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