Opinion of the Commission pursuant to Article 251 (2), third subparagraph, point (c) of the EC Treaty, on the European Parliament's amendments to the Council's common position regarding the 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
Date: 2002-06-27
Institutions: European Commission
Subjects: dangerous substance, electrical equipment, electronic equipment, electronic waste, environmental impact, environmental law, industrial waste, waste disposal, waste recycling

COMMISSION OF THE EUROPEAN COMMUNITIES

Brussels, 27.6.2002
COM(2002) 354 final

2000/0159 (COD)

OPINION OF THE COMMISSION

pursuant to Article 251 (2), third subparagraph, point (c) of the EC Treaty,
on the European Parliament's amendments
to the Council's common position regarding the
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

AMENDING THE PROPOSAL OF THE COMMISSION
 pursuant to Article 250 (2) of the EC Treaty

2000/0159 (COD)

OPINION OF THE COMMISSION

pursuant to Article 251 (2), third subparagraph, point (c) of the EC Treaty,
on the European Parliament's amendments
to the Council's common position regarding the
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.

BACKGROUND

The proposal for a European Parliament and Council Directive on the restriction on
the use of certain hazardous substances in electrical and electronic equipment (COM
(2000) 347 final) was adopted by the Commission on 13 June 2000 and published in
the Official Journal C 365E of 19 December 2000.

The Economic and Social Committee gave its Opinion on 29 November 2000.

The Committee of Regions gave its Opinion on 14 February 2001.

The European Parliament gave its Opinion (First Reading) on 15 May 2001.

The  Commission  adopted  the  amended  proposal  on  6  June  2001  (COM  (2001)316
final)

The Council adopted its Common Position on 4 December 2001.

The European Parliament gave its Opinion (Second Reading) on 10 April 2002.

This  opinion  sets  out  the  Commission's  position  on  the  European  Parliament's
amendments in accordance with Article 251 (2)(c) of the EC Treaty.

2.

AIM OF COMMISSION PROPOSAL

The  proposal  establishes  restrictions  on  the  use  of  certain  hazardous  substances
(heavy  metals  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.

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3.

COMMISSION'S OPINION ON THE AMENDMENTS PROPOSED BY THE PARLIAMENT

3.1.

Summary of the Commission's position

The  European  Parliament  has  adopted  9  amendments.  8  amendments  can  been
accepted by the Commission in full (Amendments 2, 3, 4, 5, 7, 9, 10 and 17) and 1 in
principle (amendment 8).

3.2.

Parliament's amendments on second reading

3.2.1.

Amendments accepted

The Commission agrees on amendment 2 introducing a new recital on spare parts for
re-use  and  refurbishment  and  amendment  17  concerning  recital  10  (adaptation  of
directive  should  take  into  account  all  scientific  evidence).  The  Commission  also
agrees  on  amendment  3  excluding  re-used  equipment  and  components  from  the
scope of the Directive, amendment 4 clarifying that a reseller should not be regarded
as the producer if the name of the producer appears on the equipment, amendment 5
fixing the phase-out date  for  lead, mercury, cadmium, hexavalent chromium, PBBs
and PBDEs to 1 January 2006, amendment 7 excluding repaired equipment and spare
parts from the application of the substance bans, amendment 9 on taking into account
possible  design  changes  in  the  further  evaluation  of  the  annex  and  providing  an
account of received information and amendment 10 stating that the list of substances
covered by the directive should be reviewed with particular attention to the impact on
the environment and on human health of other hazardous substances and materials.

3.2.2.

Amendments accepted in principle

The  Commission  agrees  in  principle  on  amendment  8.  However,  it  is  important  to
clarify that any decision on the prohibition of other substances can only be made on
the basis of a Commission proposal and in accordance with the principles set out in
the  Chemicals  Strategy.  Therefore,  the  Commission  can  agree  to  the  amendment
subject  to  the  following  rewording:  “On  the  basis  of  a  proposal  from  the
Commission, the EP and the Council shall decide, as soon as  scientific evidence is
available,  and  in  accordance with the principles set out  in the  Chemicals Strategy,
on  the  prohibition  of  other  hazardous  substances  and  the  substitution  thereof  by
more  environment-friendly  alternatives  which  ensure  at  least  the  same  level  of
protection for consumers.”

4.

CONCLUSION

Pursuant to Article 250(2) of the EC Treaty, the Commission amends its proposal as
set out above.

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