ECJ clarifies definition of waste electrical equipment

The European Court of Justice (ECJ) has ruled that malfunctioning electrical products should be considered waste under the EU’s waste shipments regulation unless it can be shown that their reuse is certain.

Considering the case of a Dutch electronics wholesaler, the court attempted to clarify ambiguity surrounding how the regulation governed defective electrical equipment intended to be sold on and repaired.

Tronex, the company in question, had been caught by the Dutch authorities trying to export a consignment of electronic products to Tanzania without a notification, as required under EU law. 

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EU Regulation 1013/2006/EC: On shipments of waste

In force/
Current
Legislation
EU
Published
15 Mar 2016

Commentary

10/12/2013 Amending EU Regulation (1257/2013/EU) published., 27/06/2014 Amending EU Regulation (660/2014/EU) published., 19/11/2014 Amending EU Regulation (1234/2014/EU) published., 22/10/2015 EU Corrigendum published.
07/03/2019 Amending Regulations ( SI 2019/473) published, in relation to this EU Regulation’s effect in the UK only.

Compliance Dates

12/07/2007 Comes into force (see Article 64.1)
12/07/2007 Member States must apply this Regulation from 12 July 2007 (see Article 64.1)
01/08/2012 In relation to exports to countries to which OECD Decision C(2001)107/FINAL does not apply, point 3 to Annex IIIA, as amended by EU Regulation 664/2011/EU applies from this date
01/01/2017 Deadline for Member States to prepare inspection plans (see EU Regulation 660/2014/EU)

Characteristics

Subject

Hazardous substances Waste

Source

EU OJ (Official Journal of the European Union)

Affected Sectors

Cross-sector Cement Fabricated Metal Products Electrical And Optical Equipment Recycling Consumer Goods Waste and Cleaning Transport Shipping
ECM

EU Regulation 1013/2006/EC: On shipments of waste

Document Status: In force/Current

Scope: EU

Commentary:

10/12/2013 Amending EU Regulation (1257/2013/EU) published., 27/06/2014 Amending EU Regulation (660/2014/EU) published., 19/11/2014 Amending EU Regulation (1234/2014/EU) published., 22/10/2015 EU Corrigendum published.
07/03/2019 Amending Regulations ( SI 2019/473) published, in relation to this EU Regulation’s effect in the UK only.

Compliance:

12/07/2007 Comes into force (see Article 64.1)
12/07/2007 Member States must apply this Regulation from 12 July 2007 (see Article 64.1)
01/08/2012 In relation to exports to countries to which OECD Decision C(2001)107/FINAL does not apply, point 3 to Annex IIIA, as amended by EU Regulation 664/2011/EU applies from this date
01/01/2017 Deadline for Member States to prepare inspection plans (see EU Regulation 660/2014/EU)

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