Electrical waste: MEPs agree to modification of producer responsibility rules 

The take-back obligation for waste equipment put on the market in the past creates a retroactive liability. Concern has been expressed that, depending upon the size of the liability, companies already in difficulties might be forced into insolvency.

During their conciliation meeting on 10 October 2002, the Parliament, the Council and the Commission agreed that if the concerns about the financial implications of the producer responsibility prove to be founded, the Commission would make a proposal to amend Article 9 of the Directive.

After intensive lobbying, the Commission agreed with producers that the current wording of article 9 creates a disproportionate burden on some companies with a large market share in the past. On 29 April 2003, it made a proposal shifting the responsibility for financing the take back of historical equipment from the producer of the waste equipment to the producer of the new equipment when selling a new product that replaces products of equivalent type or fulfilling the same function. Where waste from professional goods is not replaced by new products, the professional users should be responsible.