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An expression ‘things European' acts as an instant turn-off for many people. We have just had a European Parliament election with an embarrassingly low voter turnout. In addition, electors clearly did not go to the polls to vote on European issues. Instead, the vote reflected the present economic crisis and the expenses scandal involving MPs in the Westminster Parliament. Yet the people elected on 7 June are soon going to find themselves deeply involved in issues which affect all of us. Many of these issues directly affect industry and commerce. They relate to trade, economic, environmental and other matters. Of serious concern to the manufacturers and retailers of domestic appliances are the WEEE (Waste Electrical) and RoHS (Hazardous Substances) Directives.
‘Recasting' EU regulations
Both of these are existing Directives are being ‘recast'. The recasting technique was introduced as part of the European Union's ‘Better Regulation Agenda' and is intended to simplify EU legislation. It involves adopting a new text which incorporates the old Directive but introduces substantive new amendments.
Agreement was reached in 2001 between the institutions of the EU (European Parliament, Council and Commission) as to how recasting was to be handled. All of the institutions have a part to play in the decision-making process. Which means that AMDEA, working through its European Trade Association CECED has to enter into serious discussions and negotiations with all of these bodies.
The complexities of having all of the institutions involved means that this process is likely to take some time - though this does not mean we can hold back from intervention at an early stage. AMDEA and CECED's aims throughout the procedure will be to influence the Parliament and Council to introduce amendments to the Commission proposals that will ensure that the interests of the household appliance sector in Europe are protected. The European Commission issued the WEEE and RoHS ‘recast' proposals in December 2008.
Environment Ministers looked at these in March 2009 and Council Working Groups have been meeting regularly since then, under the Czech Presidency and now (since 1 July) under the Swedish one.
The European Parliament is believed to have a pivotal role in the forthcoming negotiations. After a short delay caused by the holding of the Parliament elections, Rapporteurs have been appointed for the two Directives (they co-ordinate the work and are responsible for putting together the Parliamentary Reports on the issues under discussion). The WEEE Rapporteur is a German Christian Democrat, the RoHS one is Jill Evans, a UK Green Party MEP.
The political composition of the Parliament in the light of the recent election will be decisive. Generally speaking, the Centre-Right Parties across Europe did well. This may lead to a Parliament with a greater acceptance of the burdens faced by industry and commerce when dealing with Directives such as WEEE and RoHS. On the other hand, the Greens did well, as did a number of fringe parties whose approach to practical issues raised by these proposals is far from clear.
The RoHS Directive is seen as less controversial than the WEEE Directive. With RoHS there are concerns that exemptions for the use of certain substances might be applied in an arbitrary way. With WEEE there are major concerns about producer responsibility, who is covered by the requirements of WEEE and issues relating to how WEEE should be collected and who should pay.
The ‘new' Commission
Having issued the ‘recast' Directives, the Commission will still have a role to play alongside the other institutions in this ‘co-decision' system. And here too there are changes. There will be a transition from the old to the new Commission in the last part of 2009. The new Commissioners may have a different attitude to Directives such as WEEE and RoHS - and may be more influenced by the strains on industry and commerce caused by the present economic crisis. After all, the EU Impact Assessment of WEEE estimated that the recast version would cost industry 1 billion Euros. So things European are going to be impacting heavily on our businesses during the remainder of 2009 and beyond.
AMDEA will continue to play an active part in seeking to ensure that the interests of those involved in the manufacture and distribution of household appliances are protected.
