Proposal for a Council Decision amending for the purposes of adapting to the technical progress the Annex to Directive 2002/95/EC of the European Parliament and of the Council on the restriction of the use of certain hazardous substances in electrical and electronic equipment
Date: 2005-06-06
Institutions: European Commission
Subjects: dangerous substance, electrical equipment, electronic equipment, environmental protection, waste management, waste recycling

COMMISSION OF THE EUROPEAN COMMUNITIES 

Brussels, 06.06.2005 
COM(2005)241 final 

Proposal for a 

COUNCIL DECISION 

amending for the purposes of adapting to the technical progress the Annex to Directive 
2002/95/EC of the European Parliament and of the Council on the restriction of the use 
of 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)(b)  provides  for  adaptation  to  scientific  and  technical  progress.  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 19 April 2005. 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 for the purposes of adapting to the technical progress the Annex to Directive 
2002/95/EC of the European Parliament and of the Council on the restriction of the use 
of certain hazardous substances in electrical and electronic equipment  

(Text with EEA relevance) 

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)(b) thereof, 

Whereas: 

(1) 

(2) 

(3) 

(4) 

Under Directive 2002/95/EC the Commission is required to evaluate certain hazardous 
substances prohibited pursuant to Article 4(1) of that Directive. 

Certain  materials  and  components  containing  lead,  mercury,  cadmium,  hexavalent 
chromium,  polybrominated  biphenyls  (PBB)  or  polybrominated  diphenyl  ethers 
(PBDE) should be exempt from the prohibition, since the elimination or substitution of 
these  hazardous  substances  in  those  specific  materials  and  components  is  still 
impracticable. 

Since the risk assessment of DecaBDE, under Council Regulation (EEC) No 793/93 of 
23 March 1993 on the evaluation and control of the risks of existing substances3, has 
concluded  that  there  is  at  present  no  need  for  measures  to  reduce  the  risks  for 
consumers beyond those which are being applied already, DecaBDE can be exempted 
from the requirements of Article 4(1) of Directive 2002/95/EC. Additional studies are 
required  under  the  risk  assessment  and  industry  implements  a  voluntary  emissions 
reduction program.  

Exemptions from the prohibition for certain specific materials or components should 
be  limited  in  their  scope,  in  order  to  achieve  a  gradual  phase-out  of  hazardous 
substances  in  electrical  and  electronic  equipment,  given  that  the  use  of  those 
substances in such applications will become avoidable. 

(5) 

Pursuant  to  Article  5(1)(c)  of  Directive  2002/95/EC  each  exemption  listed  in  the 
Annex to that Directive must be subject to a review at least every four years or four 

2 
3 

OJ L 37, 13.2.2003, p. 19. 
OJ L 84, 5.4.1993, p. 1. 

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years after an item is added to the list with the aim of considering deletion of materials 
and  components  of  electrical  and  electronic  equipment  if  their  elimination  or 
substitution via design changes or materials and components which do not require any 
of the materials or substances refereed 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.  Therefore,  the  review  of  each  exemption 
provided for in this Decision will be done before 2010. 

(6) 

Directive 2002/95/EC should therefore be amended accordingly. 

(7) 

Pursuant  to  Article  5(2)  of  Directive  2002/95/EC  the  Commission  has  consulted 
producers  of  electrical  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 waste4 hereinafter “the Committee”. 

HAS ADOPTED THIS DECISION:  

The Annex to Directive 2002/95/EC is amended as set out in the Annex to this Decision. 

Article 1 

Article 2 

This Decision is addressed to the Member States. 

Done at Brussels,  

For the Council 
The President 

4 

OJ  L  194,  25.7.1975,  p.  39.  Directive  as  last  amended  by  Regulation  (EC)  No  1882/2003  of  the 
European Parliament and of the Council (OJ L 284, 31.10.2003, p. 1). 

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ANNEX 

The Annex to Directive 2002/95/EC is amended as follows:  

(1) 

The title is replaced by the following: 

“Applications  of  lead,  mercury,  cadmium,  hexavalent  chromium  ,  polybrominated 
biphenyls  (PBB)  or  polybrominated  diphenyl  ethers  (PBDE)  which  are  exempted 
from the requirements of Article 4(1)”; 

(2) 

Point 10 is replaced by the following: 

“10. DecaBDE in polymeric applications; 

(3) 

The following point 11 is added: 

“11. Lead in lead-bronze bearing shells and bushes”. 

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