EN    EN EN EN    EN  COMMISSION OF THE E UROPEAN COMMUNITIES 
Brussels, 3.12.2008 
COM(2008) 809 final 
2008/0240 (COD)   
Proposal for a 
DIRECTIVE OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL 
on the restriction of the use of certain haza rdous substances in electrical and electronic 
equipment 
(recast) 
{SEC(2008) 2930} 
{SEC(2008) 2931} EN 2   EN  
Ð . 
EXPLANATORY MEMORANDUM  
Context of the proposal 
110 • Grounds for and objectives of the proposal 
Directive 2002/95/EC (RoHS Di rective) aims to restrict  hazardous substances in 
electrical and electronic equipment so as to contribute to th e protection of human 
health and the environmentally sound recovery  and disposal of waste electrical and 
electronic equipment. Its review is be ing carried out for two main reasons: 
1. The Commission is committed to developing  a better regulatory environment, one 
that is simple, understandable, effective and enforceable. The regulatory environment 
in which businesses operate influences their competitiveness, and their ability to grow and create jobs. The aim for better regulation is an impor tant element in the EU’s 
Partnership for Growth and Jobs (Lisbon) strategy. There is room to improve the 
Directive in terms of implementa tion, enforcement and coherence. 
2. The RoHS Directive calls on the Commission to review th e measures provided for in 
the Directive in particular with regard to the inclusion of two additional categories of 
equipment in the scope (categories 8&9 : medical devices and monitoring and control 
instruments) and the adaptation of  the list of restricted substances The objectives of the 
proposal are a clearer Directiv e that is simpler in its ope ration, improved enforcement 
at national level, adaptation to technical and scientific progress and coherence with 
other pieces of Community legislation.  
120 • General context 
Uncertainty about the scope, lack  of clarity on legal provisions and definitions as well 
as disparities in Member States' appro aches to product compliance and potential 
duplication of procedure with other pieces of EU legislatio n such as REACH generate 
unnecessary administrative cost s. If the RoHS Directive is  not reviewed, environmental 
benefits reaped from the legislation w ill remain sub-optimal; uncertainty among 
manufacturers about legal requirements for demonstrating compliance with the RoHS 
Directive and about enforcement methodologie s in the 27 Member St ates will persist, 
maintaining or increasing administrative burden. 
130 • Existing provisions in the area of the proposal 
The acts related to the present propo sal are the RoHS Directive itself. 
140 • Consistency with the other policies and objectives of the Union 
The RoHS review will enhance its complement arity and coherence with other relevant 
Community legislation, such as th e "Marketing of Products Package"1 of legislation 
                                                 
1 Decision No 768/2008/EC of the European Parliament and of the Council of 9 July 2008 on a common 
framework for the marketing of products, and repealing Decision 93/465/EEC (OJ L 218, 13.8.2008, EN 3   EN (regarding definitions and enforcement), REACH2 (regarding the use of substances), 
the EuP Directive3 (regarding the design of electrical  and electronic equipment (EEE)) 
and legislation related to ma nagement of waste from EEE. It is aimed to reduce the 
administrative burden and make the RoHS  Directive more cost effective. 
Consultation of interested parties and impact assessment 
 • Consultation of interested parties 
211 Consultation methods, main sectors targ eted and general pr ofile of respondents  
Two stakeholder consultations have been launched via the EUROPA website. The first 
stakeholder consultation (22 March – 22 May 2007) invited for comments and 
information supply on potential RoHS Direc tive review topics. A second stakeholder 
consultation (13 December 2007 – 13 February  2008) was held with the main purpose 
of receiving feedback and information on proposed policy options during the first 
stakeholder event. 
212 Summary of responses and how th ey have been taken into account  
The responses to the consultations cove red a large stakehol der and geographical 
spectrum and there were considerable variat ions in the extent and quality of the 
contributions. 
In the first consultation (49 respondents), i ndustry stakeholders focused on the need of 
streamlined and harmonised implementation (i n particular with re gard to scope and 
demonstration of compliance) and that of  speeding up the exemptions mechanism. 
NGOs called for enhancing the environmental an d health benefits of the Directive.  
In the second consultation (62 respondents) stakeholders responded in detail giving a 
clear idea as to their preferences on th e individual options, and on the future 
orientations of the RoHS Directive in ge neral. Some suggested phasing out of the 
RoHS Directive and entrusting the hazardous substances management to REACH, but 
the vast majority of stakeholders did not share this view. In general, stakeholders 
submitted ideas for clarifying concepts and reducing uncertainties. 
The results of the consultations are available at  
http://ec.europa.eu/environmen t/waste/weee/events_rohs2_en.htm. 
 • Collection and use of expertise 
                                                                                                                                                         
p. 82) and Regulation (EC) No 765/2008 of the European Parliament and of the Council of 9 July 2008 
setting out the requirements for accr editation and market surveillance relating to the marketing of 
products, and repealing Regulation (EEC) No 339/93 (OJ L 218, 13.8.2008, p. 30). 
2 OJ L 396, 30.12. 2006, p. 1. 
3 OJ L 191, 22.7.2005, p. 29. EN 4   EN 221 Scientific/expertise domains concerned  
A study regarding the possibility of includi ng medical devices monitoring and control 
instruments, as requested by Article 6 of th e RoHS Directive, was carried out in 20064. 
A study examining the need and feasibil ity of regulating under RoHS additional 
hazardous substances as required by Article s 4(3) and 6 of Ro HS Directive, was 
finalised in June 2008. 
A service contract to assist the Commission services with technical aspects of the 
impact assessment was finalised in July 2008. 
A study focusing on innovation and competition aspects of the WEEE and RoHS 
review was finalised in April 20085. 
The only substance for which updated science justified examining whether it should be 
removed from the ban is Deca-BDE. Si nce 2002, the use of Deca-BDE in EEE has 
been restricted by the RoHS Directive.  In 2005 Deca-BDE was exempted from the 
restriction of use by Co mmission Decision 2005/717/EC.6 On 1st April 2008, the 
European Court of Justice annulled the ex emption decision in this respect, but 
maintained its effects unt il 30 June 2008 inclusive7.  
Since the 1st of July 2008 the original restrictio n of use of Deca-BDE in EEE applies 
again. In the present proposal, Deca-BDE remains included in the list of banned 
substances (Annex IV). There remain uncertain ties about its toxicity  and degradation to 
other banned substances (debromination to PBT/vPvB substances). The risk 
assessment concluded that there is no need  for risk reduction measures beyond those 
which are being applied alrea dy with regard to risk to consumers, human health 
(physico-chemical properties), risks to the atmosphere and risks to micro-organisms in 
the sewage treatment plant, and that there is a need for further information and or 
testing with respect to risks to workers, to humans exposed via the environment and to 
the aquatic and terrestrial ecosystem, in orde r to adequately charac terise the concerns 
regarding the persistent, bio-accumulative and toxic properties of the substance.8 
Commission Regulation 565/2006 required furthe r studies to be carried out for the 
purpose of risk evaluation, including on de velopmental neurotoxicity, human bio-
monitoring and environmen tal monitoring programmes.9 The risks caused by the use of 
Deca-BDE in EEE are aggravated by recent findings10 about uncontrolled dumping of 
waste in the EU and in  particular about illegal trade of WEEE to countries with sub-
standard waste management conditions. User industry can apply for temporary 
exemptions from the ban following the crit eria of Article 5(1 )(b) of the present 
proposal. In line with what is envisaged in Recital 7 of th e present proposal, the current 
restriction of use will be kept  under review and, if necessar y, will be adjusted to take 
account of new technical and scientific information. 
                                                 
4 Final Report available at http://ec.europa.eu/environment/waste/pdf/era_study_final_report.pdf. 
5 Final Report available at http://ec.europa.eu/enterprise/environment/reports_studies/index.htm. 
6 OJ L 271, 15.10.2005, p. 48. 
7 Joined cases C-14/06 and 295/06. The Court found that the decision did not  meet the criteria for 
granting exemptions (Article 5). First, the decision wa s not based on “technical or scientific progress”, 
since the draft conclusions of the risk assessment used to justify the exemption dated from 2002 and the 
conclusions had not changed since then; secondly, the Commission did not assess whether or not EN 5   EN 222 Methodology used  
The methodology used for the above mentione d studies included su rveys, literature 
research, interviews with industry and Memb er States' enforcement authorities' and 
industry representatives. Moreover, technica l workshops with stakeholders were held. 
223 Main organisations/experts consulted  
Industry federations and individual companies, NGOs and Member States. 
2249 Summary of advice received and used  
225 Key points of advice received and used  include harmonisati on of requirements, 
clarification and simplification of the Directive, improvement of exemptions' mechanism and inclusion of me dical devices and control a nd monitoring instruments in 
the scope.  
226 Means used to make the exper t advice publicly available  
Publication of final repo rts on the EUROPA website. 
230 • Impact assessment 
The options considered included: not to make  any clarifications or additions in the 
scope or definitions; to repeal the Directive altogether; to release a substance (DecaBDE) from the ban and to extend the list of restricted substances. 
They were rejected because the impact asse ssment showed that th ey would result in 
suboptimal benefits from the review of th e Directive or because the potential costs 
outweighed the benefits. It is recomm ended to introduce clarifications and 
enforcement-related clauses, to align provi sions where possible with other pieces of 
Community legislation such as REACH, to adapt the exemption mechanism and to include two new categories of equipment. The expected benefits are environmental 
(reduction of quantities of hazardous substanc es released in the environment from 
medical devices and control and monitoring instruments, reduction of number of non-
compliant products in the market) and econom ic (reduction of administrative burden, 
avoidance of duplication of procedures , and increase of legal certainty). 
231 The proposal has been subject to an impact assessment li sted in the Commission's 
Legislative and Work Programme. 
                                                                                                                                                         
substitutes are available and what are the impacts of the substitutes compared to Deca-BDE; thirdly, the 
exemption was too wide. 
8 OJ C131/7 of 29.5.2008 
9 OJ L 99/3 of 7.4.2006 
10 See Commission Staff Working Document accompanying  document to the Propos al for a Directive of 
the European Parliament and of the Council amendi ng Directive 2002/96/EC on Waste Electrical and 
Electronic Equipment (WEEE), page 99. EN 6   EN Legal elements of the proposal 
305 • Summary of the proposed action 
It should be noted that the basic objectives and mechanisms of this Directive have not 
been changed. The ultimate aim is the elimin ation of certain hazardous substances from 
electrical and electronic equi pment; where this is temporarily not possible, exemptions 
are granted. No new substances  are proposed to be banned. 
The main proposed modifications are as follows: Article 2 (scope): Two new annexes describi ng the Directive scope are added, the first 
describing the broad product categories a nd the second, amendable by the Commission, 
providing binding product lists within eac h category. A harmonised scope improves 
implementation of the Directive and redu ces administrative bur den. Medical devices 
and control and monitoring instruments are included to reap the environmental and 
health benefits from the reduction of use of hazardous substances in such equipment 
but in a staged manner so that adverse socioeconomic impacts are avoided 
Article 3 (definitions): The definitions fo r economic operators are aligned to the 
"Marketing of products" package and new defi nitions, such as for "medical devices" 
and "homogeneous material" are added. Harm onised definitions, coherent with related 
Community legislation enhance legal cl arity and reduce administrative cost. 
Article 4 (substance ban): Maximum concentr ation values for the banned substances 
are set (incorporation in the Directive of  a Commission Decision) and permission to 
use non-compliant spare parts is extended to equipment benefitting from an exemption when placed on the market, to prevent premat ure withdrawal of e quipment from use; a 
new annex with exemptions specific to th e new product categories (medical devices 
and control and monitoring instruments) is added for cases where substitution is currently not feasible; a mechanism for intr oducing new substance bans in line with the 
REACH methodology is inserted to ensure c oherence and maximise synergy with the 
work carried out under the chemicals' legislatio n. Detailed rules of th is process will be 
developed through comitology. When developing  these detailed rules, the Commission 
will give priority to using the expertise available at the European Chemicals Agency (ECHA). The Commission will invite ECHA to ev aluate the substances concerned as a 
priority.  
Article 5 (exemptions mechanism) : a 4-year maximum validity period for the 
exemptions is set to stimulate substitution efforts, provide legal security and shift the burden of proof to the applicant,  in line with REACH. New cr iteria such as availability 
and reliability for granting exemptions are introduced to take in to account broader 
socio-economic aspects; a mandate is gi ven to the Commission for establishing 
detailed rules for the applicants to apply when requesting an exem ption for facilitating 
them and speeding the scrutiny process.  
Articles 6-8 are new and introduce product conformity assessment requirements and 
market surveillance mechanisms in line w ith the "Marketing of products" package. 
Reducing number of non-compliant produc ts through strengthened and harmonised 
market surveillance is a cost effective wa y for increasing the envi ronmental benefit of 
the Directive; harmonised conformity assessm ent requirements increase legal certainty EN 7   EN and reduce administrative cost for Member States and manufacturers 
310 • Legal basis 
Article 95 of the Treaty. 
320 • Subsidiarity principle 
The subsidiarity principle applies inso far as the proposal does not fall under the 
exclusive competence of the Community. 
 The objectives of the proposal cannot be sufficiently achieved by the Member States 
for the following reasons: 
321 Environmental impacts of electrical and elec tronic products and their free movement in 
the internal market are shared competences between the Community and the Member States;  
323 Reduced environmental protection and problems in the internal market might result in 
case of individual initiatives from the Member States. 
 Community action will better achieve the obj ectives of the proposal for the following 
reasons: 
324 The transnational nature of the problems make s them appropriate for being regulated at 
Community level; harmonisation of require ments for manufacturers and authorities 
throughout the Community will increase cost-efficiency  and foster simplification.  
325 The need for more advanced harmonisation of the RoHS requirements can only be 
addressed through a recast of the Directive; simplification of EU legislation can only 
take place at Community level.  
326 Fragmented national RoHS-related administra tive requirements would increase cost of 
compliance for manufacturers. 
327 This recast is an integral part of developing a better regulatory environment at Community level. 
 The proposal therefore complies wi th the subsidiarity principle. 
 • Proportionality principle 
The proposal complies with the proportiona lity principle for the following reasons: 
331 The proposed measure is the recast of an ex isting Directive on th e points indicated by 
Council and European Parliament. It is also  part of the simplification exercise and 
increases coherence and synergies with othe r relevant Community legislation affecting 
the same products. 
332 The clarifications on scope and defi nitions, the introduction of harmonised 
enforcement-related clauses and the impr ovement of the mechanism for granting 
exemptions to the restrictions will increase legal certainty and reduce administrative EN 8   EN burden.  
 • Choice of instruments 
341 Proposed instruments: Directive. 
342 Other means would not be adequate for the following reasons: 
The proposed measure is a recas t of an existing Directive; it incorporates, as necessary, 
elements from guidance documents, the harmonisation effect of which was deemed insufficient. Self-regulatory activities only would not be sufficient for achieving the 
policy objectives; the option of repealing the Directive was examined and discarded during the impact assessment. 
Budgetary implication 
409 The proposal has no implication for the Community budget. 
Additional information 
510 • Simplification 
511 The recast proposal provides for simplifica tion of legislation:  simplification of 
administrative procedures for public authorities (EU and national); simplification of administrative procedures for private parties. 
512 It clarifies definitions and scope; harmonises compliance assessment of products and market surveillance activities; adapts and im proves the efficiency of the mechanism for 
granting exemptions to techni cal and scientific progress. 
513 Structured coordination of ma rket surveillance authorities  and activities (including 
exchange of information), clarification of scope and definitions a nd streamlining of the 
mechanism for granting exemptions will f acilitate the work of the authorities in 
implementing and enforcing the Directive. 
514 Clarifications on scope and definitions will facilitate decisions on whether a given product falls within and the scope and whic h measures must be taken for achieving 
compliance; harmonising conformity assess ment procedures give s to manufacturers 
legal certainty as to what they have to provi de as proof of compliance to the authorities 
throughout the Community.  
515 The proposal is included in the Commission's rolling programme for up-date and simplification of the acquis communautaire  and its Work and Legislative Programme 
under the reference 2008/ENV/001. 
520 • Recast of existing legislation 
The adoption of the proposal will lead to th e recast of existing legislation, namely the 
existing Directive 2002/95/EC. As the Annex V listing exemptions from the substance 
ban of Article 4(1) of the RoHS Directiv e is being updated on re gular basis according 
to technical and scientific progress through the comitology pr ocedure, this Annex is not EN 9   EN part of the current co-decision proposal.  
 • Review/revision/sunset clause 
531 The proposal does not include a review clau se. However, the Commission will closely 
monitor the need for revision, in light of the outcome of the review carried out under 
Article 138(6) of Regulation (EC) No 1907/2006. 
550 • Correlation table 
The Member States are required to comm unicate to the Commi ssion the text of 
national provisions transposing the Direc tive as well as a correlation table between 
those provisions a nd this Directive. 
560 • European Economic Area 
The proposed act concerns an EEA matter a nd should therefore exte nd to the European 
Economic Area. 
 EN 10   EN  
Ð 2002/95/EC (adapted) 
2008/0240 (COD) 
Proposal for a 
DIRECTIVE OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL 
on the restriction of the use of certain haza rdous substances in electrical and electronic 
equipment 
(recast) 
(Text with EEA relevance) 
THE EUROPEAN PARLIAMENT AND THE CO UNCIL OF THE EUROPEAN UNION, 
Having regard to the Treaty esta blishing the European Communit y, and in particular Article 
95 thereof, 
Having regard to the proposal from the Commission11, 
Having regard to the opinion of the Economic and Social Committee12, 
Having regard to the opinion of the Committee of Regions13, 
Acting in accordance with the procedure laid dow n in Article 251 of the Treaty in the light of 
the joint text approved by the Conciliation Committee on 8 November 2002  14 , 
Whereas: 
 
Ø new 
(1) (1) A number of substantial changes are to be made to Directive 2002/95/EC of 27 
January 2003 on the re striction of the use of  certain hazardous subs tances in electrical 
and electronic equipment15. In the interest of clarity, th at Directive should be recast. 
 
Ð2002/95/EC 
(21) The disparities between the laws or admi nistrative measures adopted by the Member 
States as regards the restrict ion of the use of hazardous su bstances in electrical and 
                                                 
11 OJ C ⌦ , , p. ⌫ 365 E, 19.12.2000, p. 195 and OJ C 240  E, 28.8.2001, p. 303.  
12 OJ C ⌦ , , p ⌫ . 116, 20.4.2001, p. 38.  
13 OJ C ⌦ , , p ; ⌫ 148, 18.5 .2001, p. 1.  
14  ⌦ OJ C, , p ⌫ Opinion of the European Parliament of 15 May 2001 (OJ C 34  E, 7.2.2002, p. 109), 
Council Common Position of 4 December 2001 (OJ C 90  E, 16.4.2002, p. 12) and Decision of the 
European Parliament of 1 0 April 2002 (not yet published in the Official Journal). Decision of the 
European Parliament of 18 D ecember 2002 and Decision of the Council of 16 December 2002.  
15 OJ L 37, 13.2.2003, p 19. EN 11   EN electronic equipment could cr eate barriers to trade and distort competition in the 
Community and may thereby have a dire ct impact on the establishment and 
functioning of the inte rnal market. It therefore appear s necessary to approximate the 
laws of the Member States in this field a nd to contribute to th e protection of human 
health and the environmentally sound recovery  and disposal of wa ste electrical and 
electronic equipment. 
 
Ð 2002/95/EC (adapted) 
Ö new 
(3)(2)  The European Council at its meeting in Nice on 7, 8 and 9 December 2000  
Ö Directive 2002/95/EC provides that the Co mmission shall review  the provisions of 
that Directive, in particular, in order to include in the scope, equipment which falls 
under certain categories and to study the need  to adapt the list of substances on the 
basis of scientific progress, taking into  account the precautionary principle, as  
endorsed Ö by  the Council Resolution of 4 December 2000. on the precautionary 
principle.  
(3) The Commission Communication of 30 July 1996 on the review of the C ommunity 
strategy for waste management stresses the need to reduce the content of hazardous 
substances in waste and points out the potential benefits of Community -wide rules 
limiting the presence of such substances  in products and in production processes.  
(4) The Council Resolution of 25 January 1988 on a Community action programme to 
combat environmental pollution by cadmium16 invites the Commission to pursue 
without delay the development of specifi c measures for such a programme. Human 
health also has to b e protected and an overall strategy that  in particular restricts the use 
of cadmium and stimulates research into su bstitutes should therefore be implemented. 
The Resolution stresses that the use of cadmium should be limited to cases where 
suitable and safe r alternatives do not exist.  
(4)(5)  The available evidence indicat es that measures on the co llection, treatment, recycling 
and disposal of waste elec trical and electronic equi pment (WEEE) as set out in 
Directive 2002/96/EC of 27 January 2003 of the Europea n Parliament and of the 
Council on waste electrical and electronic equipment17 are necessary to reduce the 
waste management problems linked to the heavy metals concerned and the flame 
retardants concerned. In spite of those m easures, however, significant parts of WEEE 
will continue to be found in the current disp osal routes. Even if WEEE were collected 
separately and submitted to recycling processes, its content of mercury, cadmium, lead, chromium VI, PBB and PBDE would be likely to pose risks to health or the 
environment. 
(5)(6)  Taking into account technica l and economic feasibility, Ö including for small and 
medium sized enterprises (SMEs)  the most effective way of ensuring the significant 
reduction of risks to health and the environm ent relating to those substances which can 
achieve the chosen level of protection in the Community is the substitution of those substances in electrical and electronic equipm ent by safe or safer materials. Restricting 
                                                
 
16 OJ C 30, 4.2.1988, p. 1.  
17 See page 24 of this Official Journal  EN 12   EN the use of these hazardous substances is likely to enhance the possibilities and 
economic profitability of recycling of WEEE and decrease the negative health impact 
on workers in recycling plants. 
(6)(7)  The substances covered by this Directive are scientifically well researched and 
evaluated and have been subject to diffe rent measures both at Community and at 
national level. 
(7)(8)  The measures provided for in this Directiv e take into account existing inte rnational 
guidelines and recommendations and are based on an assessment of available 
scientific and technical info rmation. The measures are necessary to achieve the chosen 
level of protection of human and animal hea lth and the environment, having regard to 
the risks which the absence of measures w ould be likely to create in the Community. 
The measures should be kept under review a nd, if necessary, adjusted to take account 
of available technical an d scientific information. 
 
Ø new 
(8) This Directive supplements the genera l Community waste management legislation, 
such as Directive 2008/[…]/EC of the Eu ropean Parliament and of the Council on 
waste.  
(9) Directive 2005/32/EC of th e European Parliament and of  the Council of 6 July 2005 
establishing a framework for the setting of eco-design requirements for energy-using 
products18 enables the adoption of specific eco-design requirements for energy using 
products which may also be covered by this  Directive. Directive 2005/32/EC and the 
implementing measures adopted pursuant to it are without prej udice to Community 
waste management legislation. 
 
Ð 2002/95/EC (adapted) 
Ö new 
(10)(9)  This Directive should apply without prejudice to  Community legislation on safety and 
health requirements and specific Commun ity waste management legislation, in 
particular ⌦ Directive 2006/66/EC of the European  Parliament and of the Council of 
6 September 2006 on batteries and accumulato rs and waste batteries and accumulators 
⌫ Directive 91/157/EEC of 18 March 1991 on batteries and accumulators containing  
certain dangerous substances  19 Ö and Regulation (EC) 850/2004 of the European 
Parliament and of the Council of 29 Apr il 2004 on persistent organic pollutants20 . 
 
Ð 2002/95/EC (adapted) 
Ö new 
(11)(10 )The technical development of  electrical and electronic equipment without heavy 
metals, PBDE and PBB should be taken into account.  
                                                 
18 OJ L 191, 22.7.2005, p. 29-58 
19 7 OJ L ⌦ 266, 26.9.2006, p.1. ⌫ 78, 26.3.1991, p. 38. Directive as amended by Commission 
Directive 98/101/EC (OJ L 1, 5.1.1999, p. 1).  
20 OJ L 229, 30.4.2004, p.5 amending Directive 79/117/EEC EN 13   EN (12) As soon as scientific evid ence is available and taking in to account the precautionary 
principle, the prohibition of other hazardous substances and their substitution by more 
environmentally friendly alternatives which en sure at least the same level of protection 
of consumers should be examined Ö , paying attention to coherency with other 
Community legislation, and in particular to Regulat ion (EC) No 1907/2006 of the 
European Parliament and of the C ouncil of 18 December 2006 concerning the 
Registration, Evaluation, Authorisation and Restriction of Chemicals (REACH)21. 
Specific account should be taken of  the potential impact on SMEs.   
(13)(11)  Exemptions from the substitution requirement should be permitted if 
substitution is not possible from the sc ientific and techni cal point of view Ö , taking specific 
account of the situation of SMEs  or if the negative environmental, or  health Ö or socio-
economic  impacts caused by substitution ar e likely to outweigh the human  the health, and  
environmental Ö or socio-economic  benefits of the substitution. Ö or the availability and 
reliability of substitutes is not ensured.  Substitution of the hazardous substances in 
electrical and electr onic equipment should also be carried ou t in a way so as to be compatible 
with the health and safety of users of electrical and electronic equipment Ö The placing on 
the market of medical devices requires a co nformity assessment procedure, according to 
Directives 93/42/EC and 98/79/EC, which coul d require the involvement of a notified body 
designated by Competent Authorities of Member States. If such a notified body certifies that 
the safety of the potential substitute for the inte nded use in medical devices or in vitro medical 
devices is not demonstrated, this will be view ed as a clear negative socio-economic, health 
and consumer safety impact  (EEE) . Ö It should be possible to apply for exemptions of 
equipment coming under the scope of this Directive from the date of its entry into force, even 
when that is before the actual inclus ion in the scope of that equipment.  
 
Ø new 
(14) Exemptions from the prohibition for certa in specific materials or components should 
be limited in their scope, in order to  achieve a gradual phase-out of hazardous 
substances in electrical and electronic equipment, given that the use of those 
substances in such applications should become avoidable. 
 
Ð 2002/95/EC 
(15)(12)  As product reuse, refurbishment and exte nsion of lifetime are beneficial, spare 
parts need to be available. 
 
Ø new 
(16) Procedures for assessing the conformity of electrical and elec tronic equipment subject 
to this Directive should be consistent with the Community relevant legislation and in 
particular Decision No 768/2008/EC of the Europ ean Parliament and of the Council of 9 July 
2008 on a common framework for the marketing of products, and repealing Council Decision 
93/465/EEC22. Harmonising conformity assessment pr ocedures should give manufacturers 
legal certainty as to what they have to provi de as proof of compliance to the authorities 
throughout the Community. 
                                                 
21 OJ L 396 of 30.12. 2006, p. 1–849. 
22 OJ L 218, 13.8.2008, p 82-128. EN 14   EN (17) The conformity marking applicable fo r products at Community  level, CE marking, 
should also apply to electri cal and electronic equipment subject to this Directive. 
(18) The market surveillance mechanisms laid down by Regulation (EC) No 765/2008 of 
the European Parliament and of the Council of 9 July 2008 setting out the 
requirements for accreditation and market su rveillance relating to the marketing of 
products and repealing Re gulation (EEC) No 339/9323 would ensure the safeguard 
mechanisms to check compliance with this Directive. 
 
Ø new 
(13) The adaptation to scientific and technical progress of the exempt ions from the 
requirements concerning phasing out and pr ohibition of hazardous substances should 
be effected by the Commission under a committee procedure.  
 
Ð 2002/95/EC 
(19)(14)  The measures necessary for the implementa tion of this Directive should be adopted 
in accordance with Council Decision 1999/468/EC of 28 June 1999 laying down the procedures for the exercise of impl ementing powers conferred on the Commission
24. 
 
Ø new 
(20) In particular the Commission should be empowered to adapt Annexes II, III, IV, V and 
VI to technical and scientific progress and to adopt other necessary implementing 
measures. Since those measures are of ge neral scope and are designed to amend non-
essential elements of Directive 2002/95/EC, th ey must be adopted in accordance with 
the regulatory procedure with scrutiny pr ovided for in Arti cle 5a of Decision 
1999/468/EC. 
(21) The obligation to transpose this Directive into national law should be confined to those 
provisions which represent a substantive change as compared with the earlier 
Directive. The obligation to  transpose the provisions which are unchanged arises under 
the earlier Directive. 
(22) This Directive should be without prejudice to the obliga tions of the Member States 
relating to the time-limits for transposition into national law and application of the 
Directives set out in Annex VIII, Part B, 
(23) Since the objectives of th e action to be taken, namely to  establish restrictions on the 
use of hazardous substances in electri cal and electronic equipment cannot be 
sufficiently achieved by the Member States  and can therefore be better achieved at 
Community level by reason of the scale of the problem and its implications in respect 
of other Community legisla tion on recovery and dispos al of waste and areas of 
common interest, such as human health  protection, the Community may adopt 
measures, in accordance with the principle of subsidiarity as set out in Article 5 of the 
                                                 
23 OJ L 218, 13.8.2008, p.30-47 
24 OJ L 184, 17.7.1999, p. 23. EN 15   EN Treaty. In accordance with the principle of proportionality, as  set out in that Article, 
this Directive does not go beyond what is necessary in order to achieve that objective, 
 
Ð 2002/95/EC (adapted) 
Ö new 
HAVE ADOPTED THIS DIRECTIVE: 
Article 1 
⌦ Subject matter  ⌫ Objectives  
The pur pose of this Directive is to approximate the laws of the Member States on the 
restrictions of the use of h azardous substances in electrical  and electronic equipment and  
Ö This Directive lays down rules on the restrict ion of use of hazardous substances in electric 
and electronic equipment with a view  to contribute to the prot ection of human health and 
the environmentally sound recovery and disposal of waste electrical and electronic equipment. 
Article 2 
Scope 
1. Without prejudi ce to Article 6,  tThis Directive shall apply to electrical and electronic 
equipment falling under the cate gories 1, 2, 3, 4, 5, 6, 7 and 10  set out in Annex IA  as 
Ö specified in Annex II  to Directive No 2002/96/EC (WEEE) and t o electric light bulbs, 
and luminaires in households . 
 
Ð 2002/95/EC 
Ö new 
2. This Directive shall apply without prejudice to Ö requirements of  Community 
legislation on safety and health, Ö on chemicals, in particular Regulation (EC) 1907/2006 as 
well as of  requirements  and specific Community waste management legislation. 
3. This Directive does not apply to: spare parts for the repair, or to the re use, of electrical and 
electronic equipment put on the market before 1 July 2006.  
(a) Ö equipment which is necessary for the pr otection of the essential interests of 
the security of Member States, incl uding arms, munitions and war material 
intended for specifically military purposes ;  
(b) Ö equipment which is specifically desi gned as part of another type of 
equipment that does not fall within the sc ope of this Directive and can fulfill its 
function only if it is pa rt of that equipment;  
(c) Ö equipment which is not intended to be placed on the market as a single 
functional or commercial unit.  EN 16   EN Article 3 
Definitions 
For the purposes of this Directive, the following definitions shall apply: 
(a) ‘electrical and electronic equipment’ or  Ö (hereinafter  ‘EEE’ means equipment 
which is dependent on electric currents or electromagnetic fields in order to work 
properly and equipment for the generati on, transfer and measurement of such 
currents and fields falling under the categories set out in Annex IA to Directive 
2002/96/EC (WEEE)  and designed for use with a vol tage rating not exceeding 1000 
volts for alternating current and 1500 volts for direct current; 
(b) ‘producer’ means any person who, irrespective of the selling technique used, 
including by means of distance communicati on according to Directive 97/7/EC of the 
European Parliament and of the C ouncil of 20 May 1997 on the protection of 
consumers in respect of distance contracts25: 
(i) manufactures and sells electrical and electroni c equipment under his own 
brand;  
(ii) resells under his own brand equipment pr oduced by other suppliers, a reseller 
not being regarded as the ‘producer’ if the brand of the producer appears on the 
equipment, a s provided for in subpoint (i); or  
(iii) imports or exports electrical and elec tronic equipment on a professional basis 
into a Member State.  
Whoever exclusively provides financing under or pursuant to any finance agreement shall not 
be deemed a ‘producer’ unless he also acts as a producer wi thin the meaning of subpoints (i) 
to (iii).  
 
Ø new 
(b) "manufacturer” means any natural or le gal person who manufact ures an EEE or who 
has an EEE designed or manufactured  under his name or trademark; 
(c) “distributor” means any natural or lega l person in the supply chain, other than the 
manufacturer or the importer, who ma kes an EEE available on the market; 
(d) “importer” means any natural or legal person established within the Community, 
who places an EEE from a third co untry on the Community market; 
(e) "making available on the market” mean s any supply of an EEE for distribution, 
consumption or use on the Community market in the course of a commercial activity, 
whether in return for payment or free of charge; 
(f) “placing on the market” means the first making available of an EEE on the 
Community market; 
                                                 
25 OJ L 144, 4.6.1997, p. 19. Directive as amended by Directive 2002/65/EC (L 271, 9.10.2002, p. 16).  EN 17   EN (g) “harmonised standard” means a standa rd adopted by one of the European 
standardisation bodies listed in Annex I to Directive 98/34/EC on the basis of a 
request made by the Commission in acco rdance with Article 6 of Directive 
98/34/EC; 
(h) "authorised representative" means any natural or legal person established within the 
Community who has received a written manda te from a manufacturer to act on his 
behalf in relation to specified tasks; 
(i) "CE marking” means a marking by which the manufacturer indicates that the product 
is in conformity with the applicable  requirements set out in Community 
harmonization legislation pr oviding for its affixing; 
(j) “conformity assessment” means the pro cess demonstrating whether the requirements 
of the present Directive re lating to an EEE, are met; 
(k) “market surveillance” means the activities carried out and measures taken by public 
authorities to ensure that EEE complies with the requirements set out in this 
Directive and do not endanger health, safety  or other issues of public interest 
protection ; 
(l) "homogeneous material" means a materi al of uniform comp osition throughout that 
can not be mechanically disjointed into different materials, meaning that the 
materials can not, in principle, be se parated by mechanical actions such as 
unscrewing, cutting, crushing, grin ding and abrasive processes; 
(m) "medical device" means a medical device w ithin the meaning of point (a) of Article 
1(2) of Directive 93/42/EC; 
(n) "in vitro diagnostic medical  device" means in vitro dia gnostic medical device within 
the meaning of point (b) of Artic le 1(2) of Directive 98/79/EC; 
(o) "active implantable medi cal device" means any active implantable medical device 
within the meaning of point (c) of Ar ticle 1(2) of Dir ective 90/385/EEC . 
(p) "industrial monitoring a nd control instruments" mean monitoring and control 
instruments designed for exclusivel y industrial or professional use. 
 
Ð 2002/95/EC (adapted) 
Ö new 
Article 4 
Prevention 
1. Member States shall ensure  that, from 1 July 2006, new  electrical and electronic equipment  
⌦ EEE ⌫ Ö including spare parts for its  repair or its reuse placed  put on the market does 
not contain Ö the substances listed in Annex IV.  lead, mercury, cadmium, hexavalent 
chromium, polybrominated biphenyls (PBB) or  polybrominated diphenyl ethers (PBDE).  
National meas ures restricting or prohibi ting the use of these subs tances in electrical and EN 18   EN electronic equipment which were adopted in li ne with Community legislation before the 
adoption of this Directive may be  maintained until 1 July 2006.  
 
Ð 2002/95/EC, Annex, pt 29 
Ö new 
2. For the purposes of Article 5(1)(a)  Ö this Directive  , thea  maximum concentration value 
Ö by weight in homogeneous materials as sp ecified in Annex IV shall be tolerated  of 
0,1 % by weight in homogeneous  materials for lead, mercury, hexavalent chromium, 
polybrominated biphenyls (PBB) and polybromin ated diphenyl ethers (PBDE) and of 0,01  % 
by weight in homogeneous material s for cadmium shall be tolerated.  
 
Ø new 
3. Paragraph 1 shall apply to medical devices and monitoring and control instruments which 
are placed on the market from 1st January 2014, to in vitro medical devices which are placed 
on the market from 1st January 2016 and to industrial mo nitoring and control instruments 
which are placed on the market from 1st January 2017.  
4. Paragraph 1 shall not apply to spare parts for the repair or to the reuse of the following: 
(a) EEE placed on the market before 1 July 2006. 
(b) Medical devices placed on the market before 1st January 2014. 
(c) In vitro diagnostic medical devices placed on the market before 1st January 2016. 
(d) Monitoring and control instrument s placed on the market before 1st January 2014. 
(e) Industrial monitoring and control in struments placed on the market before 1st January 
2017. 
(f) EEE which benefited from an exemption and was placed on the market before that 
exemption expired. 
5. Paragraph 1 shall not apply to active implantable medical devices. By 2020 the 
Commission shall review the exclusion of active implantable medical devices with a view to 
propose inclusion. 
 
Ð 2002/95/EC (adapted) 
Ö new 
26. Paragraph 1 shall not apply to the applications listed in the  Annexes II  Ö V and VI . 
3. On the basis of a proposal from the Comm ission, the European Parliament and the Council 
shall decide, as soon as scientific evidence is av ailable, and in accordance with the principles 
on chemicals policy as laid dow n in the Sixth Community Env ironment Action Programme, 
on the prohibition of other hazardous substa nces and the substitution thereof by more 
environment -friendly alternatives which ensure at least the same level of protection for 
consumers.  EN 19   EN  
Ø new 
7. When there is an unacceptable risk to human health or the environment, arising from the 
use of substances, and in particular the substances listed in Annex III, which needs to be 
addressed on a Community-wide basis, the list of  prohibited substances in Annex IV shall be 
reviewed using a methodology based on the proce ss set out in Articles 69 to 72 of Regulation 
(EC) No 1907/2006. Those measures designed to amend non essential elements of this 
Directive shall be adopted in accordance with the regulatory procedure with scrutiny referred 
to in Article 18(2)  
 
Ð 2002/95/EC (adapted) 
Ö new 
Article 5 
Adaptation ⌦ of the Annexes  ⌫ to scientific and technical progress  
 
Ð 2008/35/EC Art. 1.1(a) 
(adapted) 
Ö new 
Ö 1. The Commission shall, for the purposes of  adapting the annexes to scientific and 
technical progress, adop t the following measures:  
1.(a) A any ⌦ necessary ⌫ amendments which are necessa ry in order  to adapt  the Annex 
Ö II  to scientific and technical progress for  the following purposes shall be 
adopted :. 
(a) establishing, as necessary, maximum concen tration values up to which the presence 
of the substances ref erred to in Article 4(1) in sp ecific materials and components of 
electrical and electronic e quipment shall be tolerated;  
(b) exempting  Ö Include  materials and components of of elec trical and electronic 
equipment  ⌦ EEE ⌫ from Article 4(1)  Ö in Annexes V and VI where either of the 
following conditions is fulfilled:  
– their elimination or substitution vi a design changes or materials and 
components which do not require any of th e materials or substances referred to 
in Article 4(1) is ⌦ scientifically or technically ⌫ impracticable; 
– Ö the availability and reliability  of substitutes is not ensured,  
– the negative environmental health consumer safety Ö or socio-economic  
impacts caused by substitution are likely to outweigh the environmental, health 
or consumer safety Ö and/or socio-economic  benefits thereof; 
(c) carryi ng out a review of each exemption in th e Annex at least every four years or 
four years after an item is added to the li st with the aim of considering deletion of 
materials and components of electrical and electronic equipment from the Annex if 
their elimin ation or substitution via design changes or materials and components EN 20   EN which do not require any of the materials or su bstances referred to in Article 4(1) is 
technically or scientifically possible, provided that the negative environmental, 
health and/or cons umer safety impacts caused by substitution do not outweigh the 
possible environmental, health and/or  consumer safety benefits thereof.  
 
Ð 2008/35/EC Art. 1.1(b) 
The measures referred to in points (a), (b) and (c) of  the first subparagraph, de signed to 
amend non -essential elements of this Directive, sh all be adopted in accordance with the 
regulatory procedure with scruti ny referred to in Article 7(2).  
 
Ø new 
(c) delete materials and compone nts of EEE from Annexes V a nd VI where the conditions set 
out in point (b) are no longer fulfilled. 
Those measures designed to amend non essential elem ents of this directiv e shall be adopted in 
accordance with the regulatory procedure with scrutiny referred to in Article 18(2). 
2. Measures adopted in accordance with point b of paragraph 1 shall have a maximum validity 
period of four years and may be renewed. The Commission shall decide in due time on any 
application for renewal that is submitted no late r than 18 months before an exemption expires. 
 
Ð 2002/95/EC (adapted) 
Ö new 
32. Before the  Annex  is Ö Annexes are  amended pursuant to paragraph 1 , the Commission 
shall inter alia consult producers of electrical and elect ronic equipment, recyclers, treatment 
operators, environmental organi sations and employee and cons umer associations.. Comments 
shall be  forwarded to the Committee referred to in Article  7(1). The Commission  shall 
provide an account of the information it receives.  
Ö 4. As long as materials or components are incl uded in Annexes V and VI to this Directive, 
on the basis of Article 5(1)(b) of  this Directive, those applications shall also be considered 
exempted from the authorisation requirements se t out in Article 58(2) of the regulation (EC) 
No 1907/2006.  
 
Ø new 
Article 6 
Implementing measures 
The Commission shall adopt detailed rules for: 
– applications for the exemption including a format and types of information to 
be provided when introducing those appl ications, including analysis of the 
alternatives and, if suitabl e alternatives are available, substitution plans as 
referred to in Regulation (EC) 1907/2006. 
– Complying with the maximum concentr ation values of Article (4) (2)  EN 21   EN – The implementation of Article 5(2), ta king into account the need for legal 
certainty for economic operators pend ing a Commission Decision on renewal 
of exemptions.  
Those measures designed to amend non essential elem ents of this directiv e shall be adopted in 
accordance with the regulatory procedure with scrutiny referred to in Article 18(2) 
 
Ð 2002/95/EC 
Article 6  
Review  
Before 13 February 2005, the Commission shall review the measures provided for in this 
Directive to take into acc ount, as necessary, new sci entific evidence.  
In particular the Commission shall, by that da te, present proposals for including in the scope 
of this Directive equipment which falls under categories 8 and 9 set out in Annex IA to 
Directive 2002/96/EC (WEEE).  
The Commission shall also study the need to adapt the list of  substances of Article 4(1), on 
the basis of scientific facts and taking the pr ecautionary principle in to account, and present 
proposals to the European Parliament and C ouncil for such adaptations, if appropriate.  
Particu lar attention shall be paid during the revi ew to the impact on the environment and on 
human health of other hazardous substances and materials used in electrical and electronic 
equipment. The Commission shall examine th e feasibility of replacing such subst ances and 
materials and shall present proposals to the Eur opean Parliament and to the Council in order 
to extend the scope of Ar ticle 4, as appropriate.  
 
Ø new 
Article 7 
Obligations of manufacturers 
1. When placing their products on the market, manuf acturers shall ensure th at they have been 
designed and manufactured in accordance with the requireme nts set out in Article 4. 
2. Manufacturers shall draw up the required technical docu mentation and carry out the 
internal production control procedure set out in module A of Annex II to Decision No 
768/2008/EC or have it carried out.  
Where compliance of an EEE with the applicable requirements ha s been demonstrated by that 
procedure, manufacturers shall draw up an EC declaration of conformity and affix the CE 
marking. 
3. Manufacturers shall keep the technical documentation and the EC declaration of 
conformity for ten years after the EEE has been placed on the market. EN 22   EN 4. Manufacturers shall ensure that procedures ar e in place for series production to remain in 
conformity. Changes in product design or char acteristics and changes in the harmonised 
standards or in technical specifications by reference to which conformity of an EEE is 
declared shall be adequately taken into account. 
5. When deemed appropriate with regard to the risks presented by a product, manufacturers 
shall, to protect the health and safety of cons umers, carry out sample testing of marketed EEE, 
investigate, and, if necessary, keep a regi ster of complaints, of non-conforming EEE and 
product recalls, and shall keep distributors informed of any such monitoring. 
6. Manufacturers shall ensure th at their EEE bear a type, batc h or serial number or other 
element allowing their identification, or, where th e size or nature of the EEE does not allow it, 
that the required information is provided on the packaging or in a document accompanying 
the EEE. 
7. Manufacturers shall indicate their name, register ed trade name or registered trade mark and 
the address at which they can be contacted on the EEE or, where that is not possible, on its 
packaging or in a document accompanying the EEE.  The address must indicate a single point 
at which the manufactur er can be contacted. 
8. Manufacturers who consider or have reason to  believe that a EEE whic h they have placed 
on the market is not in conformity with the applicable Community harmonisation legislation 
shall immediately take the necessary corrective measures to bring that EEE into conformity, 
to withdraw it or recall it, if appropriate. Furthermore, where the EEE presents a risk, 
manufacturers shall immediately inform the co mpetent national authorities of the Member 
States in which they made the EEE available to th at effect, giving details, in particular, of the 
non-compliance and of any corrective measures taken. 
9. Manufacturers shall, further to a reasoned request from a compet ent national authority, 
provide it with all the information and do cumentation necessary to demonstrate the 
conformity of the EEE, in a language which can be easily understood by that authority. They 
shall cooperate with that authority, at its re quest, on any action taken to eliminate the risks 
posed by EEE which they have placed on the market. 
Article 8 
Authorised representatives 
1. A manufacturer may, by a written mandate, appoint an authorised representative. 
The obligations laid down in Article 7(1) and the drawing up of technical documentation shall 
not form part of the author ised representative's mandate. 
2. An authorised representative shall perform the tasks specified in the mandate received from 
the manufacturer. The mandate shall allow the au thorised representative to do at least the 
following: 
 (a) keep the EC declaration of conform ity and the technical documentation at the 
disposal of national surveillan ce authorities for ten years ; EN 23   EN  (b) further to a reasoned request from a competent national authority, provide that 
authority with all the information and doc umentation necessary to demonstrate the 
conformity of an EEE ; 
 (c) cooperate with the competent national authorities, at their request, on any action 
taken to eliminate the risks posed  by EEE covered by their mandate. 
Article 9 
Obligations of importers 
1. Importers shall place only compliant  products on the Community market. 
2. Before placing an EEE on the market importers sh all ensure that the a ppropriate conformity 
assessment procedure has been carried out by th e manufacturer. They shall ensure that the 
manufacturer has drawn up the technical docum entation, that the EEE bears the CE marking 
and is accompanied by the required documents, a nd that the manufacturer has complied with 
the requirements set out in Article7(5) and (6) . 
Where an importer considers or has reason to be lieve that an EEE is not in conformity with 
Article 4, he shall not place the EEE on the market until it has been brought into conformity. 
Furthermore, where the EEE presents a risk, th e importer shall inform the manufacturer and 
the market surveillance aut horities to that effect. 
3. Importers shall indicate their name, registered trade name or registered trade mark and the 
address at which they can be contacted on th e EEE or, where that is not possible, on its 
packaging or in a document accompanying the EEE. 
4. Importers shall ensure that, while an EEE is u nder their responsibility, storage or transport 
conditions do not jeopardise its compliance with  the requirements set out in Article 4. 
5. When deemed appropriate with regard to the risks presented by an EEE, importers shall, to 
protect the health and safety of consumers,  carry out sample test ing of marketed EEE, 
investigate, and, if necessary, keep a regist er of complaints, of non-conforming EEE and EEE 
recalls, and shall keep distributors informed  of such monitoring. 
6. Importers who consider or have reason to be lieve that an EEE which they have placed on 
the market is not in conform ity with this Directive shall immediately take the corrective 
measures necessary to bring that EEE into c onformity, to withdraw  it or recall it, if 
appropriate. Furthermore, wher e the EEE presents a risk, impor ters shall immediately inform 
the competent national authorities of the Me mber States in which they made the EEE 
available to that effect, gi ving details, in particular, of  the non-compliance and of any 
corrective measures taken. 
7. Importers shall, for ten years, keep a copy of the EC declaration of conformity at the 
disposal of the market surveillance authoritie s and ensure that the technical documentation 
can be made available to t hose authorities, upon request. 
8. Importers shall, further to a reasoned request  from a competent nati onal authority, provide 
it with all the information and documentation nece ssary to demonstrate the conformity of an 
EEE in a language which can be easily underst ood by that authority. Th ey shall cooperate EN 24   EN with that authority, at its request, on any ac tion taken to eliminate the risks posed by EEE 
which they have placed on the market. 
Article 10 
Obligations of distributors 
1. When making an EEE available on the market distributors shall act  with due care in 
relation to the requi rements applicable. 
2. Before making an EEE available on the market di stributors shall verify  that the EEE bears 
the CE marking, that it is accompanied by the re quired documents in a language which can be 
easily understood by consumers and other end-user s in the Member State in which the EEE is 
to be made available on the market, and that the manufacturer and the importer have complied 
with the requirements set out in Ar ticle 7(5) and (6) and Article 9(3). 
Where a distributor considers or has reason to be lieve that an EEE is not in conformity with 
Article 4, he shall not make the EEE availabl e on the market until it has been brought into 
conformity. Furthermore, where the EEE presents a risk, the distributor shall inform the 
manufacturer or the importer to that effect as well as the ma rket surveillance authorities. 
3. Distributors shall ensure that, while an EEE is under their responsibility, storage or 
transport conditions do not jeopardise its complia nce with the requirement s set out in Article 
4. 
4. Distributors who consider or have reason to believe that an EEE which they have made 
available on the market is not in conformity with this Directive shall make sure that the 
corrective measures necessary to bring that EEE into confor mity, to withdraw it or recall it, if 
appropriate, are taken. Furthe rmore, where the EEE presents a risk, distributors shall 
immediately inform the competent national author ities of the Member States in which they 
made the EEE available to that effect, giving de tails, in particular, of the non-compliance and 
of any corrective measures taken. 
5. Distributors shall, further to a reasoned request from a competent national authority, 
provide it with all the information and do cumentation necessary to demonstrate the 
conformity of an EEE. They shall cooperate wi th that authority, at its request, on any action 
taken to eliminate the risks posed by EEE whic h they have made available on the market. 
Article 11 
Cases in which obligations of manufactu rers apply to importers and distributors 
An importer or distributor shall be consider ed a manufacturer for the purposes of this 
Directive and he shall be subjec t to the obligations of the ma nufacturer under Article 7, where 
he places an EEE on the market under his name  or trademark or mo difies an EEE already 
placed on the market in such a way that compliance with the applicable requirements may be 
affected. EN 25   EN Article 12 
Identification of economic operators 
Economic operators shall, on request, identify the following to the market surveillance 
authorities, for ten years: 
 (a) any economic operator who ha s supplied them with an EEE; 
 (b) any economic operator to w hom they have supplied an EEE. 
Article 13 
EC declaration of conformity 
1. The EC declaration of conformity shall state th at the fulfilment of re quirements specified in 
Article 4 has been demonstrated. 
2. The EC declaration of confor mity shall have the model structure and shall contain the 
elements specified in Annex VII and shall be updated.  
3. By drawing up the EC declaration of c onformity, the manufacturer shall assume 
responsibility for the compliance of the EEE. 
Article 14 
General principles of the CE marking 
The CE marking shall be subject to the general principles set out in Article 30 of Regulation 
(EC) No 765/2008. 
Article 15 
Rules and conditions for affixing the CE marking 
1. The CE marking shall be affi xed visibly, legibly and indelibly  to the EEE or to its data 
plate. Where that is not possibl e or not warranted on account of the nature of the EEE, it shall 
be affixed to the packaging and to the acco mpanying documents, where the legislation 
concerned provides for such documents. 
2. The CE marking shall be affixed before the EEE is placed on the market. It may be 
followed by a pictogram or any other mark  indicating a special risk or use. 
3. The CE marking shall be followed by the iden tification number of the notified body, where 
that body is involved in the production control phase. 
The identification number of the notified body sh all be affixed by the body itself or, under its 
instructions, by the manufacturer or  his authorised representative. EN 26   EN 4. Member States shall build upon existing mechan isms to ensure correct application of the 
regime governing the CE marking and take appropr iate action in the even t of improper use of 
the marking. Member States shall also provide  for penalties for infringements, which may 
include criminal sanctions for serious infringeme nts. Those penalties shall be proportionate to 
the seriousness of the offence and constitute an effective deterrent against improper use. 
Article 16 
Presumption of conformity 
Member States shall presume electrical and el ectronic equipment bearing the CE marking as 
conforming to this Directive. 
Electrical and electronic equipment on which test s and measurements have been performed in 
accordance with harmonised standa rds, the references of which have been published in the 
Official Journal of the European Union , shall be presumed to comp ly with all the relevant 
requirements of this Directive to  which such standards relate. 
 
Ø new 
Article 17 
Market surveillance and controls of EEE entering the Community market  
Member States shall carry out market survei llance, in accordance w ith Articles 15 – 29 of 
Regulation (EC) No 765/2008. 
 
Ð 2008/35/EC Art. 1.2 (adapted) 
Article 187  
Committee 
1. The Commission shall be assisted by the Committee set up by Arti cle 18 of European 
Parliament and Council Direct ive 75/442/EEC of 15 July 1975  on waste ⌦ 2006/12/EC of 5 
April 2006 ⌫ 26 . 
2. Where reference is made to this paragraph, Ar ticle 5a(1) to (4) and Article 7 of Decision 
1999/468/EC shall apply, having regard to the provisions of Article 8 thereof. 
                                                 
26 OJ L ⌦ 114, 27.4.2006, p. 9 ⌫.194, 25.7.1975, p. 39. Directive as last amended by Regulation (EC) 
No 1882/2003 of the European Parliament and of the Council (OJ L 284, 31.10.2003, p. 1).  EN 27   EN  
Ð 2002/95/EC (adapted) 
Article 198  
Penalties 
Member States shall determine penalties applicable to breaches of the na tional provisions 
adopted pursuant to this Directive. The pena lties thus provided for shall be effective, 
proportionate and dissuasive.  
⌦ The Member States shall lay down the rules on penalties applicable to infringements of 
the national provisions adopted pursuant to th is Directive and shall take all measures 
necessary to ensure that they are implemented. The penalties pr ovided for must be effective, 
proportionate and dissuasive. The Member States shall no tify those provisions to the 
Commission by the date specified in Article 12 at the latest and shall notif y it without delay of 
any subsequent amendment affecting them. ⌫ 
Article 209  
Transposition 
1. Member States shall bring into force the laws, regulations and administrative pr ovisions 
necessary to comply with this Directive before 13 August 2004. They shall immediately 
inform the Commission thereof.  
 
Ð . 
1. Member States shall adopt and publish, by at the latest [18 month af ter this Directive's 
publication in the Official J ournal of the European Union], the laws, regulations and 
administrative provisions necessary to comply with this Directive. They shall forthwith 
communicate to the Commission the text of thos e provisions and a corr elation table between 
those provisions a nd this Directive. 
They shall apply those provisions from […]. 
 
Ð 2002/95/EC (adapted) 
When Member States adopt those measures  ⌦ provisions ⌫, they shall contain a reference 
to this Directive or be accompanied by such a reference on the occasion of their official 
publication. The methods of ma king such a reference shall be laid down by the Member 
States  ⌦ Member States shall determine how such reference is to be made ⌫. 
2. Member States shall communicate to th e Commission all laws, regulations and 
administrative provisions adopted  ⌦ the text of the main provi sions of national law which 
they adopt ⌫ in the field covered by this Directive. EN 28   EN  
Ð . 
Article21 
Repeal 
Directive 2002/95/EC as amended by the acts liste d in Annex VIII Part A is repealed with 
effect from the day after the date mentioned in  the first subparagraph of  Article 20(1) without 
prejudice to the obligatio ns of the Member States relating to the time limits for transposition, 
into national law and application of the Directive set out in Annex VIII, Part B. 
References to the repealed acts shall be construe d as references to this Directive and shall be 
read in accordance with the co rrelation table in Annex IX.. 
 
Ð 2002/95/EC (adapted) 
Ö new 
Article 2210  
Entry into force 
This Directive shall enter into force on the ⌦ 20th ⌫ day ⌦ following that ⌫ of its 
publication in the Official Journal of the European Union . 
Article 2311  
Addressees 
This Directive is addressed to the Member States. EN 29   EN  
Ø new 
ANNEX I  
Categories of electrical and electronic equipment covered by this Directive 
1. Large household appliances 
2. Small household appliances 
3. IT and telecommunications equipment 
4. Consumer equipment 
5. Lighting equipment 
6. Electrical and electronic tools (with the exception of large-scal e stationary industrial tools) 
7. Toys, leisure and sports equipment 
8. Medical devices. 
9. Monitoring and control instruments includi ng industrial monitoring a nd control instruments 
10. Automatic dispensers EN 30   EN ANNEX II  
Binding list of products which fall unde r the Categories listed in Annex I: 
1. Large household appliances, including 
Washing machines 
Clothes dryers 
Dish washing machines 
Large household appliances used for refrigeration, conservation and storage of food, such as:  
Large cooling appliances, Refrigerators, Freezers 
Large household appliances used for cooki ng and other processing of food, such as: 
Cooking, Electric stoves, Electric hot plates,  
Microwaves 
Large appliances for heating rooms, beds, seating furniture, such as:  
Electric heating appliances , Electric radiators,  
Fanning, exhaust ventilation and conditioning equipment such as: 
Electric fans 
Air conditioner appliances 
2. Small household appliances, including 
Appliances for cleaning, such as vacuum cleaners, carpet sweepers 
Appliances used for sewing, knitting, w eaving and other processing for textiles 
Irons and other appliances for ironing, mangling and other care of clothing 
Toasters 
Fryers 
Grinders, coffee machines and equipment for opening or sealing containers or packages 
Electric knives 
Appliances for hair-cutting, hair drying, toot h brushing, shaving, massage and other body care 
appliances 
Clocks, watches and equipment for the purpose of measuring, indicatin g or registering time EN 31   EN Scales 
3. IT and telecommunications equipment, including 
Products and equipment for the collection, storage, processing, presentation or 
communication of information by electronic means, such as: centralised data 
processing(Mainframes, Minicomputers, Prin ter units) and personal computing (Personal 
computers (CPU, mouse, screen and keyboard  included), Laptop computers (CPU, mouse, 
screen and keyboard included), Notebook computer s, Notepad computers, Printers, Copying 
equipment, Electrical and el ectronic typewriters, Pock et and desk calculators) 
Products or equipment of transmitting sound, images or other information by 
telecommunications, such as User terminals a nd systems, Facsimile, Telex, Telephones, Pay 
telephones, Cordless telephones, cellul ar telephones, Answering systems 
4. Consumer equipment, including products or equipment for the purp ose of recording or 
reproducing sound or images, including signals or  other technologies for the distribution of 
sound and image than by telecommunications, such as Radio sets, Television sets, 
Videocameras, Video recorders, Hi-fi record ers, Audio amplifiers, Musical instruments 
(excluding pipe organs installed in churches) 
5. Lighting equipment, including  
lighting or equipment for the purpose of spreadi ng or controlling light, such as Luminaires for 
fluorescent lamps, Straight fluorescent lamp s, Compact fluorescent lamps, High intensity 
discharge lamps, including pre ssure sodium lamps and metal halide lamps, Low pressure 
sodium lamps 
6. Electrical and electronic tools (with the excep tion of large-scale statio nary industrial tools), 
including  
Drills 
Saws 
Sewing machines 
Equipment for turning, milling, sanding, grindi ng, sawing, cutting, shearing, drilling, making 
holes, punching, folding, bending or similar pr ocessing of wood, metal and other materials 
Tools for riveting, nailing or screwing or re moving rivets, nails, screws or similar uses 
Tools for welding, soldering or similar use 
Equipment for spraying, spreading, dispersing  or other treatment of liquid or gaseous 
substances by other means 
Tools for mowing or other gardening activities 
7. Toys, leisure and sports equipment, including 
Electric trains or car racing sets EN 32   EN Hand-held video game consoles 
Video games 
Computers for biking, divi ng, running, rowing, etc. 
Sports equipment with electri c or electronic components 
Coin slot machines 
8. Medical devices (MD):  
– Electrical equipment within th e scope of Directive 93/42/EEC 
– Electrical equipment within th e scope of Directive 98/79/EC 
9. Monitoring and control instruments, including  
Smoke detector 
Heating regulators 
Thermostats 
Measuring, weighing or adjusti ng appliances for household or  as laboratory equipment 
Industrial monitoring an d control instruments 
10. Automatic dispensers, includ ing all appliances which deliv er automatically all kind of 
products, such as automatic dispensers for hot drinks, automatic dispensers for hot or cold 
bottles or cans, automatic dispensers for so lid products, automatic dispensers for money EN 33   EN ANNEX III: Substances referred to in Article 4(7)  
1. Hexabromocyclododecane (HBCDD) 
2. Bis (2-ethylhexyl) phthalate (DEHP)  
3. Butyl benzyl phthalate (BBP) 
4. Dibutylphthalate (DBP) EN 34   EN ANNEX IV  
Prohibited substances referred  to in Article 4(7) and maximum concentration values 
tolerated by weight in homogeneous materials 
Lead (0,1%) 
Mercury (0,1%) 
Cadmium (0,01%) 
Hexavalent chromium (0,1%) 
Polybrominated biphenyls (PBB) (0,1%) 
Polybrominated diphenyl ethers(PBDE) (0,1%) EN 35   EN  
Ð 2005/717/EC Art. unique and 
Annex .1 (adapted) 
ANNEX VII 
Applications ⌦ exempted from the ban in Article 4(1)  ⌫ of lead, mercury, cadmium, 
hexavalent chromium, po lybrominated biphenyls (PBB) or polybrominated diphenyl 
ethers (PBDE) which are exempted fr om the requirements of Article 4(1)  
 
Ð 2002/95/EC 
1. Mercury in compact fluorescent lamps not exceeding 5 mg per lamp. 
2. Mercury in straight fluorescent la mps for general purposes not exceeding: 
— halophosphate 10 mg 
— triphosphate with normal 
lifetime 5 mg 
— triphosphate with long lifetime 8 mg. 
 
3. Mercury in straight fluores cent lamps for special purposes. 
4. Mercury in other lamps not specif ically mentioned in this Annex. 
5. Lead in glass of cathode ray tubes, el ectronic components and fluorescent tubes. 
6. Lead as an alloying element in steel cont aining up to 0,35 % lead by weight, aluminium 
containing up to 0,4 % lead by weight and as a copper alloy containi ng up to 4 % lead by 
weight. 
 
Ð 2005/747/EC Art. 1 and Annex 
.1 
– 7. -Lead in high melting temperature type solders (i.e. lead-based alloys 
containing 85 % by weight or more lead), 
– -lead in solders for servers, storage and st orage array systems, ne twork infrastructure 
equipment for switching, signa lling, transmission as well as network management for 
telecommunications, 
– -lead in electronic cer amic parts (e.g. piezo electronic devices). EN 36   EN  
Ð 2005/747/EC Art. 1 and Annex 
.2 
8. Cadmium and its compounds in electrical contacts and cadmium plating except for 
applications banned under Directive 91/338/EEC27 amending Directive 76/769/EEC28 relating 
to restrictions on the marketing and use of cer tain dangerous substan ces and preparations. 
 
Ð 2002/95/EC 
9. Hexavalent chromium as an anti-corrosion of  the carbon steel cooling system in absorption 
refrigerators. 
 
Ð 2005/717/EC Art. unique and 
Annex .2, Judgement of the ECJ 
(in joined cases C-14/06 and C-
295/06) (adapted) 
9a. DecaBDE in polymeric applications.  
 
Ð 2005/717/EC Art. unique and 
Annex .3 
109b . Lead in lead-bronze b earing shells and bushes. 
 
Ð 2002/95/EC (adapted) 
10. Within the procedure referre d to in Article 7(2), the Co mmission shall evaluate the 
applications for:  
– Deca BDE,  
– mercury in straight fluorescen t lamps for special purposes,  
– lead in solders for servers, storage and st orage array systems, network infrastructure 
equipment for switching, si gnalling, transmission as well as network management for 
telecommunications (with a view to setting a specific time limit for this exemption), 
and 
– light bulbs,  
as a matter of priority in orde r to establish as soon as possibl e whether these ite ms are to be 
amended accordingly.  
                                                 
27 OJ L 186, 12.7.1991, p. 59. 
28 OJ L 262, 27.9.1976, p. 201. EN 37   EN  
Ð 2005/747/EC Art. 1 and Annex 
.3 
11. Lead used in compliant pin connector systems. 
12. Lead as a coating material fo r the thermal conduction module c-ring. 
13. Lead and cadmium in optical and filter glass. 14. Lead in solders consisting of more than tw o elements for the connection between the pins 
and the package of microprocessors with a lead  content of more than 80 % and less than 85 % 
by weight. 
15. Lead in solders to complete a viable elec trical connection between semiconductor die and 
carrier within integrated circuit Flip Chip packages. 
 
Ð 2006/310/EC Art. 1 and Annex  
16. Lead in linear incandescent la mps with silicate coated tubes. 
17. Lead halide as radiant agent in High Intensity Discharge (HID) lamps used for 
professional reprography applications. 
18. Lead as activator in the fluorescent powder (1 % lead by weight or  less) of discharge 
lamps when used as sun tanning lamps containing phosphors su ch as BSP (BaSi 2O5:Pb) as 
well as when used as speciality lamps for diazo-printing reprogra phy, lithography, insect 
traps, photochemical and curing proce sses containing phosphors such as SMS 
((Sr,Ba) 2MgSi 2O7:Pb). 
19. Lead with PbBiSn-Hg and PbInSn-Hg in specific compositions as main amalgam and with 
PbSn-Hg as auxiliary amalgam in very compact Energy Saving Lamps (ESL). 
20. Lead oxide in glass used fo r bonding front and rear substrat es of flat fluorescent lamps 
used for Liquid Crystal Displays (LCD). 
 
Ð 2006/691/EC Art. 1 and Annex  
21. Lead and cadmium in printing inks for the application of enamels on borosilicate glass. 
22. Lead as impurity in RIG (rare  earth iron garnet) Faraday ro tators used for fibre optic 
communications systems. 
23. Lead in finishes of fine pitch component s other than connectors with a pitch of 0.65 mm 
or less with NiFe lead frames and lead in finishes of fine pitch components other than 
connectors with a pitch of 0.65 mm or  less with copper lead frames. 
24. Lead in solders for the soldering to mach ined through hole discoidal and planar array 
ceramic multilayer capacitors. 
25. Lead oxide in plasma display panels (PDP) and surface conduction electron emitter 
displays (SED) used in structural elements; notab ly in the front and rear  glass dielectric layer, EN 38   EN the bus electrode, the black stripe, the address el ectrode, the barrier ribs, the seal frit and frit 
ring as well as in print pastes. 
26. Lead oxide in the glass envelope of Black Light Blue (BLB) lamps. 
27. Lead alloys as solder for transducers used in high-powere d (designated to operate for 
several hours at acoustic power levels of 125 dB SPL and above) loudspeakers. 
 
Ð 2006/692/EC Art. 1 (adapted) 
28. Hexavalent chromium in corrosion preventiv e coatings of unpainted metal sheetings and 
fasteners used for corrosi on protection and Electrom agnetic Interference Shielding in 
equipment falling under category three of Directive 2002/96/EC (IT and telecommunications 
equipment). Exemption granted until 1 July 2007.  
 
Ð 2006/690/EC Art. 1 
29. Lead bound in crystal glass as defined in A nnex I (Categories 1, 2, 3 and 4) of Council 
Directive 69/493/EEC29. 
 
Ð 2005/618/EC Art. 1 (adapted) 
For the purposes of Article 5(1)(a), a maximum concentration value of 0,1  % by weight in 
homogeneous materials for l ead, mercury, hexavalent c hromium, polybrominated biphenyls 
(PBB) and polybrominated diphenyl  ethers (PBDE) and of 0,01  % by weight in homogeneous 
materials for cadmium shall be tolerated.  
 
Ð 2008/385/EC Art. 1 and Annex  
30. Cadmium alloys as electrical/mechanical sold er joints to electric al conductors located 
directly on the voice coil in transducers us ed in high-powered loudspeakers with sound 
pressure levels of 100 dB (A) and more. 
31. Lead in soldering materials in mercury free flat fluorescent lamps (w hich e.g. are used for 
liquid crystal displays, desi gn or industrial lighting). 
32. Lead oxide in seal frit used for making window assemblies for Argon and Krypton laser 
tubes. 
                                                 
29 OJ L 326, 29.12.1969, p. 36. Directive as last amended by 2003 Act of Accession. EN 39   EN  
Ø new 
ANNEX VI   
Applications exempted from the ban in Ar ticle 4(1) as regards Categories 8 and 9  
Equipment utilising or de tecting ionising radiation 
1 Lead, cadmium and mercury in detectors for ionising radiation  
2 Lead bearings in X-ray tubes  
3 Lead in electromagnetic radiation amplif ication devices: micr o-channel plate and 
capillary plate  
4 Lead in glass frit of X-ray tubes and image intensifiers and lead in glass frit binder for 
assembly of gas lasers and for vacuum tubes that convert electromagnetic radiation into 
electrons  
5 Lead in shielding for ionising radiation  
6 Lead in X-ray test objects.  
7 Lead stearate X-ray diffraction crystals  
8 Radioactive cadmium isotope source for portable X-ray fluorescence spectrometers 
 Sensors, detectors and electrodes (plus item 1) 
1a Lead and cadmium in ion selective el ectrodes including glass of pH electrodes  
1b Lead anodes in electrochemical oxygen sensors  
1c Lead, cadmium and mercury in  infra-red light  detectors  
1d Mercury in reference electrodes: low chlori de mercury chloride, mercury sulphate and 
mercury oxide  
 Others 
9 Cadmium in helium-cadmium lasers  
10 Lead and cadmium in atomic adsorption spectroscopy lamps  
11 Lead in alloys as a superconduc tor and thermal conductor in MRI  
12 Lead and cadmium in meta llic bonds to superconducting materials in MRI and SQUID 
detectors  
13 Lead in counterweights  
14 Lead in single crystal piezoelectri c materials for ultrasonic transducers  EN 40   EN 15 Lead in solders for bonding to ultrasonic transducers  
16 Mercury in very high accuracy capacitan ce and loss measurement bridges and in high 
frequency RF switches and relays in monitori ng and control instruments not exceeding 20 mg 
of mercury per switch or relay  
17 Lead in solders in portab le emergency defibrillators 
18 Lead in solders of high performance infrared  imaging modules to detect in the range 8 
– 14 µm  
19 Lead in Liquid crystal on silicon (LCoS) displays  
20 Cadmium in X-ray measurement filters  EN 41   EN ANNEX VII  
EC DECLARATION OF CONFORMITY 
1. No … (unique identification of the EEE): 
2. Name and address of the manufacturer  or his authorised representative: 
3. This declaration of conformity is issued unde r the sole responsibility of the manufacturer 
(or installer): 
4. Object of the declaration (identification of EEE allowing traceability. It may include a 
photograph, where appropriate): 
5. The object of the declaration described abov e is in conformity with Directive…on the 
restriction of the use of certain hazardous substa nces in electrical and electronic equipment 
6. Where applicable, references to the relevant harmonised standards used or references to the 
specifications in relation to which conformity is declared: 
7. Where applicable, the notif ied body ... (name, number) … performed … (description of 
intervention) … and issued the certificate: … 
8. Additional information: 
Signed for and on behalf of: ………………………………… 
(place and date of issue): 
(name, function) (signature): EN 42   EN  
× 
ANNEX VIII  
Part A 
Repealed Directive with its successive amendments 
(referred to in Article 12)  
Directive 2002/95/EC of the European Parliament 
and of the Council  (OJ L 37, 13.2.2003, p. 19) 
Commission Decision 2005/618/EC (OJ L 214, 19.8.2005, p. 65) 
Commission Decision 2005/717/EC  (OJ L 271, 15.10.2005, p. 219) Commission Decision 2005/747/EC (OJ L 280, 25.10.2005, p. 18) Commission Decision 2006/310/EC (OJ L 115, 28.4.2006, p. 38) Commission Decision 2006/690/EC  (OJ L 283, 14.10.2006, p. 47) Commission Decision 2006/691/EC  (OJ L 283, 14.10.2006, p. 48) Commission Decision 2006/692/EC  (OJ L 283, 14.10.2006, p. 50) Directive 2008/35/EC of the European 
Parliament and of the Council (OJ L 81, 20.3.2008, p. 67) 
Commission Decision 2008/385/EC (OJ L 136, 24.5.2008, p. 9) 
 
Part B 
List of time-limits for tran sposition into national law 
(referred to in Article 13)  
Directive Deadline for transposition 
2002/95/EC 12 August 2004 
2008/35/EC - EN 43   EN ANNEX IX  
Correlation table  
Directive 2002/95/EC This Directive 
Article 1 Article 1 
Article 2(1) Article 2(1) 
Article 2(2) Article 2(2) 
Article 2(3) Article 2( 3), introductory wording 
- Article 2(3)(a) and (b) 
Article 3(a) Article 3(a) 
Article 3(b) - 
- Article 3(b)-(o) 
Article 4(1) Article 4(1) 
- Article 4(3)-(6) 
Article 4(2) Article 4(7) 
Article 4(3) - 
- Article 4(8) 
- Article 5(1), introductory wording 
Article 5(1), first subparagraph, introductory 
wording Article 5(1)(a) 
Article 5(1), first subparagraph, (a) - 
Article 5(1), first subparagraph, (b) Article  5(1)(b), introductory wording and first 
and third indents 
- Article 5(1)(b), second indent 
Article 5(1), first subparagraph, (c) - 
Article 5(1), second subparagraph - 
Article 5(2) Article 5(2) 
- Article 5(3) EN 44   EN Article 6 - 
- Article 6-17 
Article 7 Article 18 
Article 8 Article 19 
Article 9 Article 20 
- Article 21 
Article 10 Article 22 
Article 11 Article 23 
- Annex I- IV 
Annex, points 1-28 Annex V, points 1-28 
Annex, point 29, first subparagraph A nnex V, point 29, first subparagraph 
Annex, point 29, second subpa ragraph Article 4(2) 
Annex, points 30-32 Annex, points 30-32 
- Annex VI-IX 
 EN 45   EN LEGISLATIVE FINANCIAL STATEM ENT FOR PROPOSALS HAVING A 
BUDGETARY IMPACT EXCLUSIVELY LIMITED TO THE REVENUE SIDE  
1. NAME  OF THE  PROPOSAL: 
Directive on the restriction of the use of certain hazardous substa nces in electrical 
and electronic equipment re pealing Directive 2002/95/EC 
2. BUDGET  LINES: 
Chapter and Article: 
Amount budgeted for the year concerned: 
3. FINANCIAL  IMPACT   
x Proposal has no financial implications 
 Proposal has no financial impact on expe nditure but has a fi nancial impact on 
revenue – the effect is as follows: 
(€ million to one decimal place)  
  
Budget line Revenue30 12 month period, 
starting dd/mm/yyyy  [Year n]  
Article … 
 Impact on own resources   
Article … 
 Impact on own resources   
 
Situation following action 
 [n+1]  [n+2]  [n+3]  [n+4]  [n+5]  
Article … 
      
                                                 
30 Regarding traditional own resources (agricultural duties, sugar levies, customs duties) the amounts 
indicated must be net amounts, i.e. gross amounts after deduction of 25 % of collection costs. EN 46   EN Article … 
      
4. ANTI-FRAUD  MEASURES 
… 
5. OTHER  REMARKS 
…