2005/717/EC: Commission Decision of 13 October 2005 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 (notified under document number C(2005) 3754)   (Text with EEA relevance)
Date: 2005-10-13
Institutions: European Commission
Subjects: dangerous substance, electrical equipment, electronic equipment, environmental protection, waste management, waste recycling

L 271/48

EN

Official Journal of the European Union

15.10.2005

COMMISSION DECISION

of 13 October 2005

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

(notified under document number C(2005) 3754)

(Text with EEA relevance)

(2005/717/EC)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

(4)

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)(b) thereof,

Whereas:

(1)

(2)

(3)

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

and components

cadmium, hexavalent

containing lead,
Certain materials
mercury,
chromium, polybro-
minated 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.

the

risks of

control of

Since the risk assessment of DecaBDE, under Council
Regulation (EEC) No 793/93 of 23 March 1993 on the
evaluation and
existing
substances (2), has concluded that there is at present no
need for measures to reduce the risks for consumers
beyond those which are being applied already, but addi-
tional studies are required under the risk assessment,
further notice from
DecaBDE can be exempted until
of Directive
4(1)
of Article
the
2002/95/EC. Should new evidence lead to a different
conclusion of the risk assessment, this decision would
be re-examined and amended, if appropriate. In parallel
industry is implementing a voluntary emissions reduction
programme.

requirements

in order

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

substances

electrical

and

in

(5)

(6)

(7)

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 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 refered to in Article 4(1) is technically or
scientifically possible, provided that the negative environ-
mental, 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.

equipment,

Pursuant to Article 5(2) of Directive 2002/95/EC, the
Commission has consulted producers of electrical and
treatment operators,
electronic
recyclers,
environmental
and
employee
consumers associations and forwarded the comments to
the Committee established by Article 18 of Council
Directive 75/442/EEC of 15 July 1975 on waste (3) (the
Committee).

organisations

and

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 19 April
2005. 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
Council Decision was submitted to Council on 6 June
2005. Since on the expiry date of the period laid down
in Article 7(2) of Directive 2002/95/EC the Council had
neither adopted the 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 (4) the measures
should be adopted by the Commission,

(1) OJ L 37, 13.2.2003, p. 19.
(2) OJ L 84, 5.4.1993, p. 1. Regulation as 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 194, 25.7.1975, p. 39. Directive as last amended by Regulation

(EC) No 1882/2003.

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

15.10.2005

EN

Official Journal of the European Union

L 271/49

HAS ADOPTED THIS DECISION:

Sole Article

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

This Decision is addressed to the Member States.

Done at Brussels, 13 October 2005.

For the Commission

Stavros DIMAS
Member of the Commission

L 271/50

EN

Official Journal of the European Union

15.10.2005

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. The following point 9a is added:

‘9a. DecaBDE in polymeric applications;’

3. The following point 9b is added:

‘9b. Lead in lead-bronze bearing shells and bushes’.