Restrictions on export of used EEE

A study on the legal possibilities to restrict exports of used electric and electronic equipment

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The purpose of the report is to clarify the legal possibilities of restricting export of certain types of used EEE due to e.g. content of hazardous substances, energy consumption and/or limited market value. The focus is current environmental regulation and trade regulation which have been evaluated in order to identify if they can serve as the legal basis for setting restrictions on export. The analysis concentrates on the legal framework of trade within the rules of the internal market in the EU and the legal concept of the WTO that regulates trade between countries worldwide. The report concludes that waste regulation has very limited possibilities in regards to restricting export of used EEE. In regards to trade restrictions, it cannot be ruled out that such restrictions can be adopted in accordance with the rules of the internal market in the EU and the legal concept of WTO.



Used EEE or WEEE?

An important distinction is to be made between used EEE and WEEE. This distinction is important because the rules applying to waste provide a much stronger basis for authorities to restrict and control the movement of waste between states. In this chapter, the application of the definition of waste and WEEE is evaluated in regards to used EEE. The purpose of the chapter is to describe when the stricter regulatory regime applying to export of WEEE can be applied to used EEE.


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