EU directives(欧盟指令条款分析)

2021年1月26日发(作者：高温钢)
ITT Dublin
School of Engineering
Official record of school work

Think Safety at all times
Students
are reminded
of their
obligation
to behave
and work
in
the
safety
conscious
manner
are
all
time,
but
particularly
in
laboratories.
Failure
to
comply with this requirement will be treated seriously by the Department.

Department of Electronic Engineering
Laboratory and CA work
Program Module

Laboratory Experiment
Lecturer
ID number
Class group
Product Development
Assignment 1
Mr Michael Craig
X00097450
NJUTA

Declaration

I declare that this report is my own work and that all of contributions from
other people and sources are referenced in the body of the report and fully
listed in the reference section at the end of the report. I accept that presenting
other people’s work as my own is a serious offence and it is also a serious
breach of the Institute’s regulations.




Student:Silver(Guo Qi)

Objective
This
assignment
aims
to
critically
analyse
the directives produced
by
the
EU
which
are
in
the
context
of
a
technology
or
telecommunication
company.
In
this
case,
I
need to choose four directives and the four directives are WEEE, EMC,


Analysis
1.

DIRECTIVES
(1)

Understanding of the directives
A
directive
is
a
legal
act
of
the
European
Union,
which
requires
member
states
to
achieve a particular result without dictating the means of achieving that result. It can
be
distinguished
from
regulations
which
are
self-executing
and
do
not
require
any
implementing
measures.
Directives
normally
leave
member
states
with
a
certain
amount of leeway as to the exact rules to be adopted. Directives can be adopted by
means of a variety of legislative procedures depending on their subject matter. [1]

(2)

Implementation of the directives
When adopted, directives give member states a timetable for the implementation of
the intended outcome. Occasionally, the laws of a member state may already comply
with this outcome, and the state involved would be required only to keep its laws in
place. More commonly, member states are required to make changes to their laws
(commonly referred to as transposition) in order for the directive to be implemented
correctly. This is done in approximately 99% of the cases.[2] If a member state fails to
pass
the
required
national
legislation,
or
if
the
national
legislation
does
not
adequately comply with the requirements of the directive, the European Commission
may initiate legal action against the member state in the European Court of Justice.
This may also happen when a member state has transposed a directive in theory but
has failed to abide by its provisions in practice.

(3)Effect of the directives
Even though directives were not originally thought to be binding before they were
implemented
by
member
states,
the
European
Court
of
Justice
developed
the
doctrine of direct effect where unimplemented or badly implemented directives can
actually
have
direct
legal
force.
Also,
in
Francovich
v.
Italy,
the
court
found
that
member states could be liable to pay damages to individuals and companies who had
been adversely affected by the non-implementation of a directive. [3]

2.

WEEE Directive
Company: IBM
Product: Thinkpad x240 (laptop)

(1)

What is the legal basis for WEEE directive?
WEEE
directive
is
based
on
article
175
of
the
Treaty
of
European
Economic
Community
(EEC
Treaty).
Members
can
use
stringent
environmental
protection
measures, as long as these measures compliance with community law (such as treaty
principle
of
free
flow
of
goods
as
stipulated
in
article
28
to
30).
One
annexof
theWEEE directive, IA, includes coverage of product category;Annex IB contains the
product catalog under these categories.


(2)

Whatis thestandardthat a product is belonging to WEEE directive?
‘
Electrical and electronic e
quipment’ or ‘EEE’ means equipment which is dependent
on
electric
currents
or
electromagnetic
fields
in
order
to
work
properly
and
equipment for the generation, transfer and measurement of such currents and fields
falling under the categories set out in Annex IA and designed for use with a voltage
rating
not
exceeding
1000
Volt
for
alternating
current
and
1500
Volt
for
direct
current.

(3)Arebatteries of theThinkpad x240included in the WEEE directive?
The
batteryused
inWEEE
(waste
electrical
and
electronic
equipment)
should
be
collected according to the WEEE directive, on this basis, the battery will be takenfrom