Proposal for a Council Decision amending Directive 2002/95/EC of the European Parliament and of the Council for the purposes of establishing the maximum concentration values for certain hazardous substances in electrical and electronic equipment
Date: 2004-09-23
Institutions: European Commission
Subjects: dangerous substance, electrical equipment, electronic equipment, environmental standard, metal pollution, pollution control measures

COMMISSION OF THE EUROPEAN COMMUNITIES 

Brussels, 23.9.2004 
COM(2004) 606 final 

Proposal for a 

COUNCIL DECISION 

amending Directive 2002/95/EC of the European Parliament and of the Council for the 
purposes of establishing the maximum concentration values for certain hazardous 
substances in electrical and electronic equipment 

(presented by the Commission) 

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EXPLANATORY MEMORANDUM 

1. 

2. 

Article  4(1)  of  Directive  2002/95/EC  on  the  restriction  of  the  use  of  certain 
hazardous  substances  in  electrical  and  electronic  equipment  provides  that  as  from 
1 July  2006,  new  electrical  and  electronic  equipment  put  on  the  market  does  not 
contain  lead,  mercury,  cadmium,  hexavalent  chromium,  polybrominated  biphenyls 
(PBB) or polybrominated dipheny ethers (PBDE). 

Article 5(1)(a) provides for the  establishment  of  maximum  concentration  values  up 
to  which  the  presence  of  the  substances  referred  to  in  Article  4(1)  in  specific 
materials  and  components  of  electrical  and  electronic  equipment  shall  be  tolerated. 
The Commission is assisted in this work by the Committee established by Article 18 
of Directive 75/442/EEC1 on waste. The procedure is set out in Article 7 of Directive 
2002/95/EC. 

Accordingly,  the  Commission  submitted  a  draft  decision  for  vote  in  the  Committee 
established under Article 18 of Directive 75/442/EEC on waste on 10 June 2004. There was 
no qualified majority in favour of the draft decision.  

Thus,  in  accordance  with  the  procedure  set  out  in  Article  18  of  Directive  75/442/EEC  a 
Proposal for a Council Decision is submitted to Council. If Council has not acted within three 
months from the date of referral of the proposal, the proposed measures shall be adopted by 
the Commission. 

1 

As last amended by Council Decision 1999/468/EC (OJ L 184, 17.7.1999, p. 23). 

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Proposal for a 

COUNCIL DECISION 

amending Directive 2002/95/EC of the European Parliament and of the Council for the 
purposes of establishing the maximum concentration values for certain hazardous 
substances in electrical and electronic equipment 

THE COUNCIL OF THE EUROPEAN UNION, 

Having regard to the Treaty establishing the European Community, 

Having  regard  to  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 equipment2, and in particular Article 5(1)(a) thereof,  

Whereas: 

(1) 

(2) 

(3) 

Since  it  is  evident  that  a  total  avoidance  of  heavy  metals  and  brominated  flame 
retardants is in some instances impossible to achieve, certain concentration values for 
lead,  mercury,  cadmium,  hexavalent  chromium,  polybrominated  biphenyls  (PBB)  or 
polybrominated diphenyl ethers (PBDE) in materials should be tolerated. 

The  proposed  maximum  concentration  values  are  based  on  existing  Community 
Chemicals legislation and are considered the most appropriate to ensure a high level of 
protection. 

Pursuant  to  Article  5(2)  the  Commission  has  consulted  producers  of  electric  and 
electronic equipment, recyclers, treatment operators, environmental organisations and 
employee and consumers associations and forwarded the comments to the Committee 
established by Article 18 of Council Directive 75/442/EEC of 15 July 1975 on waste3. 

HAS ADOPTED THIS DECISION:  

In the Annex to Directive 2002/95/EC the following note is added: 

Article 1 

“For  the  purposes  of  Article  5(1)(a),  a  maximum  concentration  value  of  0.1%  by  weight  in 
homogeneous  materials  for  lead,  mercury,  hexavalent  chromium,  polybrominated  biphenyls 
(PBB) and polybrominated diphenyl ethers (PBDE) and of 0.01% by weight in homogeneous 
materials for cadmium shall be tolerated.” 

2 
3 

OJ L 37, 13.2.2003, p. 19 
OJ L 194, 25.7.1975, p.39, Directive as last amended by Commission Decision 96/350/EC (OJ L 135, 
6.6.1996, p.32). 

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This Decision shall apply from 1 July 2006. 

Article 2 

Article 3 

This Decision is addressed to the Member States. 

Done at Brussels,  

For the Council 

The President 

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