WRITTEN QUESTION E-0789/03

by Ria Oomen-Ruijten (PPE-DE)and Alexander de Roo (Verts/ALE) to the Commission

(14 March 2003)

Subject: Interpretation of the RoHS Directive

Directive 2002/95/EC(1) on the restriction of the use of certain hazardous substances in electrical and electronic equipment (RoHS), which recently came into force, stipulates that equipment placed on the market as of 1 July 2006 may not contain any hazardous substances, in the sense that Article 2(3) states that the directive does not apply to the reuse of electrical and electronic equipment put on the market before 1 July 2006. The RoHS Directive, unlike the Directive on waste from electric and electronic equipment (WEEE), does not give any definition of the term reuse. Both directives were introduced simultaneously by the ICE, and both came into force at the same time. The way in which the definition of reuse is treated suggests that reuse of the components referred to here is authorised, even in new equipment.

The outcome of the conciliation process on this directive was, however, that the last part of Amendment 3 (including the reuse of these components in new electrical and electronic equipment put on the market) was not adopted. This suggests that reuse of the components in question in new equipment is not permitted. One important reason why this part of Amendment 3 was not adopted was that in this way any form of misuse was prevented from the outset.

In order to avoid any misuse of the provisions of Article 2(3), manufacturers can, however, take a number of measures, for example:

(a) manufacturer declarations: in these declarations manufacturers state as of what date and with what batch number (the only identification for a batch of components) components containing no further substances forbidden by the RoHS were supplied.

(b) administrative measures: records are kept of components containing substances forbidden by the RoHS which are to be reused in new equipment. All components of equipment have a identification number. The list of components of a new piece of equipment should contain a list of components containing substances forbidden by the RoHS taken from used equipment.

(c) controlled disposal: collection, disposal and processing of components containing substances forbidden by the RoHS which have been definitively withdrawn from use takes place in a controlled way in accordance with legislation.

(d) controlled management process: application of the above procedure is guaranteed by its inclusion in the ISO-certified quality system and in the company's environmental protection system.

Reuse of components in new equipment takes place mainly in the case of a relatively small number of large items of equipment in the business-to-business market. These items of equipment remain the property of the manufacturer and are taken back when the contract expires or at end-of-life. For repair purposes items of equipment that are taken back supply enough spare parts with components containing substances forbidden by the RoHS to ensure that no new spare parts with components containing substances forbidden by the RoHS are needed for these large items.

1. Does the Commission take the view that reuse of components from equipment that was placed on the market before 1 July 2006 and which contains substances forbidden by the RoHS is therefore authorised?

2. If not, does the Commission take the view that the requirements of the RoHS Directive are met if a guarantee can be given that misuse will be prevented by compliance with the abovementioned measures in the event of any reuse in new equipment of components taken from equipment placed on the market before 1 July 2006 containing substances forbidden by the RoHS?

(1) OJ L 37, 13.2.2003, p. 19.

Answer given by Mrs Wallström on behalf of the Commission

(8 May 2003)

Directive 2002/95/EC of the Parliament and of the Council of 27 January 2003 on the restriction of use of certain hazardous substances in electrical and electronic equipment(1) (ROHS) considers spare parts in Article 2(3). It provides that the RoHS 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.

Article 2(3) does not provide for their use in new electrical and electronic equipment put on the market from 1 July 2006.

As to the second question, the details of the implementation and enforcement are a matter for the Member States.

Although the measures mentioned by the Honourable Members may be useful to check compliance, they are not foreseen in the Directive. Therefore, the Commission cannot give an opinion whether they are sufficient to guarantee the enforcement of the relevant provisions of the Directive.

(1) OJ L 37, 13.2.2003.