[pic] | COMMISSION OF THE EUROPEAN COMMUNITIES |

Brussels, 06.06.2005

COM(2005)241 final

Proposal for a

COUNCIL DECISION

amending for the purposes of adapting to the technical progress the Annex to Directive 2002/95/EC of the European Parliament and of the Council on the restriction of the use of certain hazardous substances in electrical and electronic equipment

(presented by the Commission)

EXPLANATORY MEMORANDUM

1. Article 4(1) of Directive 2002/95/EC on the restriction of the use of certain hazardous substances in electrical and electronic equipment provides that as from 1 July 2006, new electrical and electronic equipment put on the market does not contain lead, mercury, cadmium, hexavalent chromium, polybrominated biphenyls (PBB) or polybrominated dipheny ethers (PBDE).

2. Article 5(1)(b) provides for adaptation to scientific and technical progress. The Commission is assisted in this work by the Committee established by Article 18 of Directive 75/442/EEC[1] on waste. The procedure is set out in Article 7 of Directive 2002/95/EC.

Accordingly, the Commission submitted a draft decision for vote in the Committee established under Article 18 of Directive 75/442/EEC on waste on 19 April 2005. There was no qualified majority in favour of the draft decision.

Thus, in accordance with the procedure set out in Article 18 of Directive 75/442/EEC a Proposal for a Council Decision is submitted to Council. If Council has not acted within three months from the date of referral of the proposal, the proposed measures shall be adopted by the Commission.

Proposal for a

COUNCIL DECISION

amending for the purposes of adapting to the technical progress the Annex to Directive 2002/95/EC of the European Parliament and of the Council on the restriction of the use of certain hazardous substances in electrical and electronic equipment

(Text with EEA relevance)

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community,

Having regard to Directive 2002/95/EC of the European Parliament and of the Council of 27 January 2003 on the restriction of the use of certain hazardous substances in electrical and electronic equipment[2], and in particular Article 5(1)(b) thereof,

Whereas:

(1) Under Directive 2002/95/EC the Commission is required to evaluate certain hazardous substances prohibited pursuant to Article 4(1) of that Directive.

(2) Certain materials and components containing lead, mercury, cadmium, hexavalent chromium, polybrominated biphenyls (PBB) or polybrominated diphenyl ethers (PBDE) should be exempt from the prohibition, since the elimination or substitution of these hazardous substances in those specific materials and components is still impracticable.

(3) Since the risk assessment of DecaBDE, under Council Regulation (EEC) No 793/93 of 23 March 1993 on the evaluation and control of the risks of existing substances[3], has concluded that there is at present no need for measures to reduce the risks for consumers beyond those which are being applied already, DecaBDE can be exempted from the requirements of Article 4(1) of Directive 2002/95/EC. Additional studies are required under the risk assessment and industry implements a voluntary emissions reduction program.

(4) Exemptions from the prohibition for certain 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 will become avoidable.

(5) Pursuant to Article 5(1)(c) of Directive 2002/95/EC each exemption listed in the Annex to that Directive must be subject to a review at least every four years or four years after an item is added to the list with the aim of considering deletion of materials and components of electrical and electronic equipment if their elimination or substitution via design changes or materials and components which do not require any of the materials or substances refereed to in Article 4(1) is technically or scientifically possible, provided that the negative environmental, health and/or consumer safety impacts caused by substitution do not outweigh the possible environmental, health and/or consumer safety benefits thereof. Therefore, the review of each exemption provided for in this Decision will be done before 2010.

(6) Directive 2002/95/EC should therefore be amended accordingly.

(7) Pursuant to Article 5(2) of Directive 2002/95/EC the Commission has consulted producers of electrical and electronic equipment, recyclers, treatment operators, environmental organisations and employee and consumers associations and forwarded the comments to the Committee established by Article 18 of Council Directive 75/442/EEC of 15 July 1975 on waste[4] hereinafter “the Committee”.

HAS ADOPTED THIS DECISION:

Article 1

The Annex to Directive 2002/95/EC is amended as set out in the Annex to this Decision.

Article 2

This Decision is addressed to the Member States.

Done at Brussels,

For the Council

The President

ANNEX

The Annex to Directive 2002/95/EC is amended as follows:

1. The title is replaced by the following:

“Applications of lead, mercury, cadmium, hexavalent chromium , polybrominated biphenyls (PBB) or polybrominated diphenyl ethers (PBDE) which are exempted from the requirements of Article 4(1)”;

2. Point 10 is replaced by the following:

“10. DecaBDE in polymeric applications;

3. The following point 11 is added:

“11. Lead in lead-bronze bearing shells and bushes”.

[1] As last amended by Council Decision 1999/468/EC (OJ L 184, 17.7.1999, p. 23).

[2] OJ L 37, 13.2.2003, p. 19.

[3] OJ L 84, 5.4.1993, p. 1.

[4] OJ L 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).