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
Date: 2003-01-27
Institutions: Council of the European Union, European Parliament
Subjects: consumer protection, dangerous substance, electrical equipment, electronic device, electronic waste, environmental protection, spare part, waste recycling

13.2.2003

EN

Official Journal of the European Union

L 37/19

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

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE
EUROPEAN UNION,

Having regard to the Treaty establishing the European Commu-
nity, and in particular Article 95 thereof,

Having regard to the proposal from the Commission (1),

Having regard to the opinion of the Economic and Social
Committee (2),

Having regard to the opinion of the Committee of Regions (3),

Acting in accordance with the procedure laid down in Article
251 of the Treaty in the light of the joint text approved by the
Conciliation Committee on 8 November 2002 (4),

Whereas:

(1)

(2)

(3)

(4)

The disparities between the laws or administrative
measures adopted by the Member States as regards the
restriction of the use of hazardous substances in elec-
trical and electronic equipment could create barriers to
trade and distort competition in the Community and
may thereby have a direct impact on the establishment
therefore
and functioning of
appears necessary to approximate the laws of
the
Member States in this field and to contribute to the
protection of human health and the environmentally
sound recovery and disposal of waste electrical and elec-
tronic equipment.

the internal market.

It

The European Council at its meeting in Nice on 7, 8 and
9 December 2000 endorsed the Council Resolution of 4
December 2000 on the precautionary principle.

The Commission Communication of 30 July 1996 on
the review of the Community strategy for waste manage-
ment stresses the need to reduce the content of hazar-
dous substances in waste and points out the potential
benefits of Community-wide rules limiting the presence
of
in products and in production
processes.

such substances

The Council Resolution of 25 January 1988 on a
Community action programme to combat environmental
pollution by cadmium (5)
invites the Commission to
pursue without delay the development of
specific
measures for such a programme. Human health also has

(1) OJ C 365 E, 19.12.2000, p. 195 and OJ C 240 E, 28.8.2001, p.

303.

(2) OJ C 116, 20.4.2001, p. 38.
(3) OJ C 148, 18.5.2001, p. 1.
(4) 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 Parlia-
ment of 10 April 2002 (not yet published in the Official Journal).
Decision of the European Parliament of 18 December 2002 and
Decision of the Council of 16 December 2002.

(5) OJ C 30, 4.2.1988, p. 1.

to be protected and an overall strategy that in particular
restricts the use of cadmium and stimulates research into
substitutes should therefore be implemented. The Reso-
lution stresses that the use of cadmium should be limited
to cases where suitable and safer alternatives do not
exist.

(5)

(6)

(7)

(8)

The available evidence indicates that measures on the
collection, treatment, recycling and disposal of waste
electrical and electronic equipment (WEEE) as set out in
Directive 2002/96/EC of 27 January 2003 of
the
European Parliament and of the Council on waste elec-
trical and electronic equipment (6) are necessary to
reduce the waste management problems linked to the
heavy metals
retardants
concerned. In spite of those measures, however, signifi-
cant parts of WEEE will continue to be found in the
current disposal routes. Even if WEEE were collected
its
separately and submitted to recycling processes,
content of mercury, cadmium, lead, chromium VI, PBB
and PBDE would be likely to pose risks to health or the
environment.

concerned and the

flame

Taking into account technical and economic feasibility,
the most effective way of ensuring the significant reduc-
tion of risks to health and the environment 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 equipment by safe
or safer materials. Restricting 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 recy-
cling plants.

The substances covered by this Directive are scientifically
well researched and evaluated and have been subject to
different measures both at Community and at national
level.

The measures provided for in this Directive take into
account existing international guidelines and recommen-
dations and are based on an assessment of available
scientific and technical
information. The measures are
necessary to achieve the chosen level of protection of

(6) See page 24 of this Official Journal.

L 37/20

EN

Official Journal of the European Union

13.2.2003

(9)

(10)

(11)

human and animal health and the environment, having
regard to the risks which the absence of measures would
be likely to create in the Community. The measures
should be kept under review and, if necessary, adjusted
to take account of available technical and scientific infor-
mation.

should apply without prejudice

This Directive
to
Community legislation on safety and health require-
ments and specific Community waste management legis-
lation, in particular Council Directive 91/157/EEC of 18
March 1991 on batteries and accumulators containing
certain dangerous substances (1).

The technical development of electrical and electronic
equipment without heavy metals, PBDE and PBB should
be taken into account. As soon as scientific evidence is
available and taking into account the precautionary prin-
ciple, the prohibition of other hazardous substances and
their substitution by more environmentally friendly alter-
natives which ensure at least the same level of protection
of consumers should be examined.

Exemptions from the substitution requirement should be
permitted if substitution is not possible from the scien-
tific and technical point of view or if the negative envir-
onmental or health impacts caused by substitution are
likely to outweigh the human and environmental bene-
fits of the substitution. Substitution of the hazardous
substances in electrical and electronic equipment should
also be carried out in a way so as to be compatible with
the health and safety of users of electrical and electronic
equipment (EEE).

(12) As product reuse, refurbishment and extension of life-
time are beneficial, spare parts need to be available.

(13)

(14)

The adaptation to scientific and technical progress of the
exemptions from the requirements concerning phasing
out and prohibition of hazardous substances should be
effected by the Commission under a committee proce-
dure.

The measures necessary for the implementation 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 implementing powers
conferred on the Commission (2),

HAVE ADOPTED THIS DIRECTIVE:

Article 1

Objectives

The purpose of this Directive is to approximate the laws of the
Member States on the restrictions of the use of hazardous
substances in electrical and electronic equipment and to contri-

bute to the protection of human health and the environmen-
tally sound recovery and disposal of waste electrical and elec-
tronic equipment.

Article 2

Scope

1. Without prejudice to Article 6, this 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 to Direc-
tive No 2002/96/EC (WEEE) and to electric light bulbs, and
luminaires in households.

2.
This Directive shall apply without prejudice to Commu-
nity legislation on safety and health requirements and specific
Community waste management legislation.

3.
This Directive does not apply to spare parts for the repair,
or to the reuse, of electrical and electronic equipment put on
the market before 1 July 2006.

Article 3

Definitions

For the purposes of this Directive, the following definitions
shall apply:

(a) ‘electrical and electronic equipment’ or ‘EEE’ means equip-
ment which is dependent on electric currents or electro-
magnetic fields in order to work properly and equipment
for the generation,
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 voltage rating not exceeding 1 000 volts for
alternating current and 1 500 volts for direct current;

(b) ‘producer’ means any person who, irrespective of the selling
technique used, including by means of distance communi-
the European
cation according to Directive 97/7/EC of
Parliament and of the Council of 20 May 1997 on the
protection of consumers in respect of distance contracts (3):

(i) manufactures and sells electrical and electronic equip-

ment under his own brand;

(ii) resells under his own brand equipment produced by
other suppliers, a reseller not being regarded as the
‘producer’ if the brand of the producer appears on the
equipment, as provided for in subpoint (i); or

(iii) imports or exports electrical and electronic 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 within the meaning of subpoints (i)
to (iii).

(1) OJ L 78, 26.3.1991, p. 38. Directive as amended by Commission

Directive 98/101/EC (OJ L 1, 5.1.1999, p. 1).

(2) OJ L 184, 17.7.1999, p. 23.

(3) OJ L 144, 4.6.1997, p. 19. Directive as amended by Directive

2002/65/EC (L 271, 9.10.2002, p. 16).

13.2.2003

EN

Official Journal of the European Union

L 37/21

Article 4

Prevention

1. Member States shall ensure that, from 1 July 2006, new
electrical and electronic equipment put on the market does not
contain lead, mercury, cadmium, hexavalent chromium, poly-
brominated biphenyls (PBB) or polybrominated diphenyl ethers
(PBDE). National measures restricting or prohibiting the use of
these substances in electrical and electronic equipment which
were adopted in line with Community legislation before the
adoption of this Directive may be maintained until 1 July
2006.

Paragraph 1 shall not apply to the applications listed in

2.
the Annex.

3.
On the basis of a proposal from the Commission, the
European Parliament and the Council shall decide, as soon as
scientific evidence is available, and in accordance with the prin-
ciples on chemicals policy as laid down in the Sixth Commu-
nity Environment Action Programme, 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.

Article 5

Adaptation to scientific and technical progress

1.
Any amendments which are necessary in order to adapt
the Annex to scientific and technical progress for the following
purposes shall be adopted in accordance with the procedure
referred to in Article 7(2):

(a) establishing, as necessary, maximum concentration values
up to which the presence of the substances referred to in
Article 4(1) in specific materials and components of elec-
trical and electronic equipment shall be tolerated;

(b) exempting materials and components of electrical and elec-
tronic equipment from Article 4(1) if their elimination or
substitution via design changes or materials and compo-
nents which do not
the materials or
substances referred to therein is technically or scientifically
impracticable, or where the negative environmental, health
and/or consumer safety impacts caused by substitution are
likely to outweigh the
environmental, health and/or
consumer safety benefits thereof;

require any of

(c) carrying out a review of each exemption in the Annex 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
from the Annex if their elimination or substitution via
design changes or materials and components which do not
require any of the materials or substances referred 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.

2.
Before the Annex is amended pursuant to paragraph 1,
the Commission shall inter alia consult producers of electrical
and electronic equipment, recyclers, treatment operators, envir-
onmental organisations and employee and consumer associa-
tions. Comments shall be forwarded to the Committee referred
to in Article 7(1). The Commission shall provide an account of
the information it receives.

Article 6

Review

Before 13 February 2005, the Commission shall review the
measures provided for in this Directive to take into account, as
necessary, new scientific evidence.

In particular the Commission shall, by that date, present propo-
sals 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 precautionary principle into account, and present
proposals to the European Parliament and Council for such
adaptations, if appropriate.

Particular attention shall be paid during the review to the
impact on the environment and on human health of other
hazardous substances and materials used in electrical and elec-
tronic equipment. The Commission shall examine the feasibility
of replacing such substances and materials and shall present
proposals to the European Parliament and to the Council in
order to extend the scope of Article 4, as appropriate.

Article 7

Committee

The Commission shall be assisted by the Committee set

1.
up by Article 18 of Council Directive 75/442/EEC (1).

2. Where reference is made to this paragraph, Articles 5 and
7 of Decision 1999/468/EC shall apply, having regard to
Article 8 thereof.

The period provided for in Article 5(6) of Decision 1999/468/
EC shall be set at three months.

3.

The Committee shall adopt its rules of procedure.

(1) OJ L 194, 25.7.1975, p. 39.

L 37/22

EN

Official Journal of the European Union

13.2.2003

Article 8

Penalties

2. Member States shall communicate to the Commission the
text of all
regulations and administrative provisions
adopted in the field covered by this Directive.

laws,

Member States shall determine penalties applicable to breaches
of the national provisions adopted pursuant to this Directive.
The penalties thus provided for shall be effective, proportionate
and dissuasive.

Article 9

Transposition

1. Member States shall bring into force the laws, regulations
and administrative provisions necessary to comply with this
Directive before 13 August 2004. They shall
immediately
inform the Commission thereof.

When Member States adopt those measures, they shall contain
a reference to this Directive or be accompanied by such a refer-
ence on the occasion of their official publication. The methods
of making such a reference shall be laid down by the Member
States.

Article 10

Entry into force

This Directive shall enter into force on the day of its publica-
tion in the Official Journal of the European Union.

Article 11

Addressees

This Directive is addressed to the Member States.

Done at Brussels, 27 January 2003.

For the European Parliament

The President

P. COX

For the Council

The President

G. DRYS

13.2.2003

EN

Official Journal of the European Union

L 37/23

Applications of lead, mercury, cadmium and hexavalent chromium, which are exempted from the requirements
of Article 4(1)

ANNEX

1. Mercury in compact fluorescent lamps not exceeding 5 mg per lamp.

2. Mercury in straight fluorescent lamps for general purposes not exceeding:

— halophosphate

— triphosphate with normal lifetime

— triphosphate with long lifetime

10 mg

5 mg

8 mg.

3. Mercury in straight fluorescent lamps for special purposes.

4. Mercury in other lamps not specifically mentioned in this Annex.

5. Lead in glass of cathode ray tubes, electronic components and fluorescent tubes.

6. Lead as an alloying element in steel containing up to 0,35 % lead by weight, aluminium containing up to 0,4 % lead

by weight and as a copper alloy containing up to 4 % lead by weight.

7. — Lead in high melting temperature type solders (i.e. tin-lead solder alloys containing more than 85 % lead),

— lead in solders for servers, storage and storage array systems (exemption granted until 2010),

— lead in solders for network infrastructure equipment for switching, signalling, transmission as well as network

management for telecommunication,

— lead in electronic ceramic parts (e.g. piezoelectronic devices).

8. Cadmium plating except for applications banned under Directive 91/338/EEC (1) amending Directive 76/769/EEC (2)

relating to restrictions on the marketing and use of certain dangerous substances and preparations.

9. Hexavalent chromium as an anti-corrosion of the carbon steel cooling system in absorption refrigerators.

10. Within the procedure referred to in Article 7(2), the Commission shall evaluate the applications for:

— Deca BDE,

— mercury in straight fluorescent lamps for special purposes,

— lead in solders for servers, storage and storage array systems, network infrastructure equipment for switching,
signalling, 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 order to establish as soon as possible whether these items are to be amended accordingly.

(1) OJ L 186, 12.7.1991, p. 59.
(2) OJ L 262, 27.9.1976, p. 201.