WRITTEN QUESTION E-0789/03 by Ria Oomen-Ruijten (PPE-DE)and Alexander de Roo (Verts/ALE) to the Commission. Interpretation of the RoHS Directive.
Date: 2003-03-14
Institutions: European Parliament, Provisional data
Subjects: EC Directive, dangerous substance, electrical equipment, electronic equipment, interpretation of the law, spare part

C 11 E/118

Official Journal of the European Union

EN

15.1.2004

As already mentioned in its report of 19 December 2002 (1) on implementation of Article 299(2), the
Commission has maintained the partnership established with the ORs and taken steps to ensure continuing
coordination of its initiatives within its own departments.

A policy and a comprehensive programme for sustainable development of the ORs as desired by the
Seville Council can only be generated following consultation and discussion between the Commission and
these regions and will involve consideration of the memoranda that the Member States in question will be
sending the Commission in the first half of 2003.

The contribution of the Structural Funds to the ORs’ socio-economic development is highly important, not
only because they benefit from Community assistance under Objective 1 as a cohesion policy priority but
also in consideration of the recognition of their specific handicaps.
It must however be noted that
accession to the Union of ten new Member States containing many regions lagging behind in development
by comparison with the Community average imposes a need to settle the questions this new situation
presents. The second progress report adopted by the Commission on 30 January (2) provides an updated
examination of these. The challenges of enlargement are the subject of a very extensive reflection exercise
the proposed measures emerging from which will have to be geared to the specific situations of the ORs
and furnish adequate responses as regards both the legal framework and Community resources.

Promoting sustainable development of the ORs is not merely a matter of Structural Fund and Cohesion
Fund financing. It is an aim that must continue to feature in the whole range of Community policies, as
indicated in Article 299(2).

The report on a comprehensive sustainable development programme for the ORs, as requested by the
Seville Council, will be discussed and adopted at the same time as the Third Report on Economic and
Social Cohesion, at the end of 2003.

(1) COM(2002) 723 final.
(2) COM(2003) 34 final.

(2004/C 11 E/118)

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.

15.1.2004

EN

Official Journal of the European Union

C 11 E/119

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.

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

If not, does the Commission take the view that the requirements of the RoHS Directive are met if a
2.
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.