Amended proposal for a Directive of the European Parliament and of the Council on the restriction on the use of certain hazardous substances in electrical and electronic equipment (presented by the Commission pursuant to Article 250 (2) of the EC-Treaty)
Date: 2001-06-06
Institutions: European Commission
Subjects: dangerous substance, electronic equipment, industrial waste, waste disposal, waste recycling

28.8.2001

EN

Official Journal of the European Communities

C 240 E/303

Amended proposal for a Directive of the European Parliament and of the Council on the
restriction on the use of certain hazardous substances in electrical and electronic equipment (1)

(2001/C 240 E/37)

(Text with EEA relevance)

COM(2001) 316 final (cid:151) 2000/0159(COD)

(Submitted by the Commission pursuant to Article 250(2) of the EC Treaty on 7 June 2001)

1. BACKGROUND

Transmission of the Proposals to the Council and the European
Parliament
in
(COM(2000) 347 final (cid:151) 2000/0159(COD))
accordance with Article 175(1) of the Treaty: 28 July 2000

As regards adaptation of the Directive to technical and
scientific progress, amendments 12 and 13 which deal
with the consultation process before revising the Annex
can be accepted.

Opinion of the Economic and Social Committee: 29 November
2000

Amendment 17 referring to adequate penalties.

Opinion of the Committee of Regions: 14 February 2001

Amendment 19 changing the date of entry into force (day
of publication instead of 20th day after publication).

Opinion of the European Parliament (cid:151) first reading: 15 May
2001

3.2. Amendments accepted in part or principle by the

Commission

2. OBJECTIVE OF THE COMMISSION PROPOSAL

substances (cid:151) (cid:145)RoHS(cid:146) (cid:151) (heavy metals

The proposal establishes restrictions on the use of certain
hazardous
and
brominated flame retardants)
in electrical and electronic
equipment. The restrictions will take effect in the year 2008.
A technical Annex lists a number of derogations and may be
modified by Committee procedure.

3. COMMISSION OPINION ON THE AMENDMENTS ADOPTED

BY THE PARLIAMENT

3.1. Amendments accepted by the Commission

Amendment 1, referring to the potential for increasing
profitability of
and protecting health by
reducing hazardous substances.

recycling

Amendment 10 (first part) changing the starting date of
phase-out from 2008 to 2006.

As regards the scope of the Directive, amendment 9 is
acceptable. It adds light bulbs, household luminaires and
compact fluorescent lamps in the scope of the Directive;
includes category 10 of Annex I of WEEE in the scope of
the RoHS; excludes spare parts placed on the market
before 2006.

(1) OJ C 365 E, 19.12.2000, p. 195.

subject

(cid:145)On the basis of a proposal

As regards the phase-out of hazardous substances,
the
Commission can accept in principle amendment 4 and
to the following
amendment 10 second part
from the
rewording:
Commission,
the European Parliament and the Council
shall decide, as soon as scientific evidence is available,
in the
and in accordance with the principles set out
Chemicals
other
of
on
hazardous substances and the substitution thereof by
more environment-friendly alternatives which ensure at
least the same level of protection for consumers.(cid:146) This
rewording is necessary in order to link the widening of
the scope of the Directive to the new chemicals strategy.

prohibition

Strategy,

the

The Commission can accept amendment 22 subject to the
following rewording: (cid:145)Member States shall ensure that new
electrical and electronic equipment put on the market
after 1 January 2006 do not contain lead, mercury,
polybrominated
cadmium,
biphenyls
ether
(PBDE).(cid:146) This rewording is only of linguistic nature.

and polybrominated diphenyl

chromium,

hexavalent

(PBB)

The Commission can accept amendment 23 subject to the
following rewording: (cid:145)Article 4 shall not apply to electrical
and electronic equipment falling under categories 8 and 9
of Annex I A to Directive . . . [on waste electrical and
electronic equipment], to spare parts for the repair of
equipment placed on the market before 1 January 2006(cid:146).
The Commission suggests
to
mention the word (cid:145)consumables(cid:146) since it is not necessary
to exclude consumables from the scope of the Directive in
order to ensure that equipment placed on the market
before 1 January could continue to function.

rewording not

in this

C 240 E/304

EN

Official Journal of the European Communities

28.8.2001

The Commission can accept in principle amendment 35
subject to the following rewording in order to provide for
more flexible to the Commission and to take into account
all possible scientific developments:
the
substituting
Commission shall
brominated flame retardants when effective fire prevention
alternatives are available, unless it can be demonstrated
that brominated flame retardants do not give rise to
concern in accordance with the principles set out in the
Chemicals Strategy.(cid:146)

(cid:145)In its review,

to propose

consider

The Commission can accept the reference to consumers
safety in Article 5.1 introduced by amendment 11.

regards

the Annex,

As
principle amendment 21 subject
deletions
accepted whereas
inclusions the Commission can accept:

the Commission accepts
to the following;
regards,

can be

as

in
the
the

(cid:145)(cid:151) Lead in high melting temperature type solders (i.e.
tin-lead solder alloys containing more than 85 % lead)

(cid:151) Lead in glass in electronic components

(cid:151) Lead in piezoelectric devices

(cid:151) Lead in servers, storage and storage array systems

(exemption granted until 2010)(cid:146)

As regards other provisions, the Commission can accept
amendment 7 as follows: (cid:145)Whereas as a general principle,
product reuse, refurbishment and extension of lifetime are
beneficial(cid:146).

Amendment 18 sets the transposition deadline of
the
Directive within 18 months after its entry into force
(Commission proposed 30.6.2004). This can be accepted
in principle subject
the time of
adoption of the Directive.

to possible review at

3.3. Amendments not accepted by the Commission

Amendment 2 states
is without
prejudice to Directive 76/769 on the restrictions on

the Directive

that

substances. The meaning and legal conse-
hazardous
quences of
and the
Commission suggest to avoid drafting that could lead to
possible diverging interpretations in such a delicate area.

are unclear

amendment

this

Amendment 3 refers to workers protection. Since it falls
out of
it should not be
accepted.

the Directive,

the scope of

Amendment 8 deletes the reference to harmonization in
the objectives of the Directive and cannot be accepted,
since it is important to underline that the Directive has
to be based on Article 95 of the Treaty.

Amendment 5 replaces the terms PBB and PBDE with
(cid:145)brominated flame retardants(cid:146) and cannot be accepted
since the scope of the Directive is limited to PBB and
PBDE.

Amendments 6, 11 and 33 add tasks and conditions to the
work of the Committee set up under Article 5 which the
Commission does not consider appropriate in light of the
fact that they are not sufficiently precise and would risk to
undermine the work of the Committee.

Amendment 15 requires the Commission to take into
technical data provided to it by 2003. This
account
accepted,
commitment
in a
into
although the Commission will
account all relevant information made available to it.

cannot be
certainly

legal

take

text

Amendment 34 cannot be accepted since the Commission
has accepted in principle amendments 4 and 35, which
make 34 superfluous.

3.4. Amended proposal

Having regard to Article 250, paragraph 2, of the EC
Treaty,
as
indicated above.

the Commission modifies

its proposals