2005/618/EC: Commission Decision of 18 August 2005 amending Directive 2002/95/EC of the European Parliament and of the Council for the purpose of establishing the maximum concentration values for certain hazardous substances in electrical and electronic equipment (notified under document number C(2005) 3143)
Date: 2005-08-18
Institutions: European Commission
Subjects: chemical product, dangerous substance, electrical equipment, electronic device, heavy metal, product safety

19.8.2005

EN

Official Journal of the European Union

L 214/65

COMMISSION DECISION

of 18 August 2005

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

(notified under document number C(2005) 3143)

(2005/618/EC)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty
Community,

establishing the European

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 elec-
trical and electronic equipment (1), and in particular Article
5(1)(a) thereof,

Whereas:

(1)

(2)

(3)

(4)

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, polybro-
minated 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 consumer associations and forwarded the
comments to the Committee established by Article 18 of
Council Directive 75/442/EEC of 15 July 1975 on
waste (2).

The Commission submitted the measures provided for in
this 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 these
measures. Thus, in accordance with the procedure set out
in Article 18 of Directive 75/442/EEC, a proposal for a

laid

down

submitted

to Council

Council Decision was
on
23 September 2004. Since on the expiry date of the
of Directive
period
7(2)
in Article
adopted the
2002/95/EC the Council had neither
proposed measures nor
indicated its opposition to
them in accordance with Article 5(6) of Council
Decision 1999/468/EC of 28 June 1999 laying down
the procedures for the exercise of implementing powers
conferred on the Commission (3) the measures should be
adopted by the Commission,

HAS ADOPTED THIS DECISION:

Article 1

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

‘For the purposes of Article 5(1)(a), a maximum concen-
tration value of 0,1 % by weight
in homogeneous
materials for lead, mercury, hexavalent chromium, polybro-
(PBB) and polybrominated diphenyl
minated biphenyls
ethers (PBDE) and of 0,01 % by weight in homogeneous
materials for cadmium shall be tolerated.’

Article 2

This Decision shall apply from 1 July 2006.

Article 3

This Decision is addressed to the Member States.

Done at Brussels, 18 August 2005.

For the Commission

Stavros DIMAS
Member of the Commission

(1) OJ L 37, 13.2.2003, p. 19.
(2) 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).

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