Proposal for a Directive of the European Parliament and the Council Amending Directive 2002/95/EC on the restriction of the use of certain hazardous substances in electrical and electronic equipment, as regards the implementing powers conferred to the Commission
Date: 2006-12-22
Institutions: European Commission
Subjects: EU law, dangerous substance, electrical equipment, electronic equipment, operation of the Institutions, public health, waste management, waste recycling

COMMISSION OF THE EUROPEAN COMMUNITIES 

Brussels, 22.12.2006 
COM(2006) 915 final 

2006/0303 (COD) 

Proposal for a 

DIRECTIVE OF THE EUROPEAN PARLIAMENT AND THE COUNCIL 

Amending 
Directive 2002/95/EC 
on the restriction of the use of certain hazardous substances in electrical and electronic 
equipment, as regards the implementing powers conferred to the Commission 

(presented by the Commission) 

EN 

   EN 

 
 
 
  
2006/0303 (COD) 

Proposal for a 

DIRECTIVE OF THE EUROPEAN PARLIAMENT AND THE COUNCIL 

Amending 
Directive 2002/95/EC 
on the restriction of the use of certain hazardous substances in electrical and electronic 
equipment, as regards the implementing powers conferred to the Commission 

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION, 

Having regard to the Treaty establishing the European Community, and in particular Article 
95 thereof, 

Having regard to the proposal from the Commission1, 

Having regard to the opinion of the European Economic and Social Committee2, 

Having regard to the opinion of the Committee of the Regions3, 

Acting in accordance with the procedure laid down in Article 251 of the Treaty4 

Whereas: 

(1) 

(2) 

Directive  2002/95/EC  of  the  European  Parliament  and  of  the  Council5  provides  that 
certain measures are to be adopted in accordance with Council Decision 1999/468/EC 
of 28 June 1999 laying down the procedures for the exercise of implementing powers 
conferred on the Commission6. 

Decision 1999/468/EC has been amended by Decision 2006/512/EC, which introduced 
a  regulatory  procedure  with  scrutiny  to  be  used  for  the  adoption  of  implementing 
measures  of  general  scope  which  seek  to  amend  non-essential  elements  of  a  basic 
instrument adopted in accordance with the procedure referred to in Article 251 of the 
Treaty,  including  by  deleting  some  of  those  elements  or  by  supplementing  the 
instrument by the addition of new non-essential elements. 

1 
2 
3 
4 
5 
6 

OJ C […], […], p. […]. 
OJ C […], […], p. […]. 
OJ C […], […], p. […]. 
… 
OJ L 37, 13.2.2003, p. 19–23 
OJ L 184, 17.7.1999, p. 23. Decision as amended by Decision 2006/512/EC (OJ L 200, 22.7.2006, p. 
11). 

EN 

2 

   EN 

 
                                                 
(3) 

(4) 

In accordance with the joint statement of the European Parliament, the Council and the 
Commission7 on Decision 2006/512/EC, instruments which are already in force must 
be  adjusted  in  accordance  with  the  applicable  procedures.  That  statement  indicates  a 
list of instruments that should be adjusted as a matter of urgency, including Directive 
2002/95/EC. 

In particular power should be conferred on the Commission to adapt Annexes .Since 
those measures are of general scope and are designed to amend non-essential elements 
of  Directive  2002/95/EC,  they  should  be  adopted  in  accordance  with  the  regulatory 
procedure with scrutiny provided for in Article 5a of Decision 1999/468/EC. 

(5) 

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

(6) 

Since  the  amendments  to  be  made  to  Directive  2002/95/EC  are  adjustments  of  a 
technical nature which only concern the committee procedures, they do not need to be 
transposed by the Member States. It is therefore not necessary to lay down provisions 
to that effect. 

HAVE ADOPTED THIS DIRECTIVE: 

Article 1 

Directive 2002/95/EC is amended as follows: 

(1) Article 5 (1) is amended as follows: 

(a) The introductory phrase is replaced as follows: 

"The Commission shall adopt any amendments which are necessary in order to adapt 
the Annex to scientific and technical progress for the following purposes:" 

(b) The following subparagraph is added: 

"The measures referred to in the first subparagraph, designed to amend non-essential 
elements  of  this  Directive,  shall  be  adopted  in  accordance  with  the  regulatory 
procedure with scrutiny referred to in Article 7(2)." 

(2) Article 7 is replaced by the following: 

"Article 7 

Committee 
1.  The  Commission  shall  be  assisted  by  the  Committee  set  up  by  Article  18  of 
Council Directive 75/442/EEC8. 
2. Where reference is made to this paragraph, Article 5a(1) to (4), and Article 7 of 
Decision  1999/468/EC  shall  apply,  having  regard  to  the  provisions  of  Article  8 
thereof." 

7 
8 

OJ C 255, 21.10.2006, p.1  
OJ L 194, 25.7.1975, p. 39. 

EN 

3 

   EN 

 
                                                 
This  Directive  shall  enter  into  force  on  the  [..]  day  following  that  of  its  publication  in  the 
Official Journal of the European Union. 

Article 2 

Article 3 

This Directive is addressed to the Member States.  

Done at Brussels, […] 

For the European Parliament 
The President 

For the Council 
The President 

EN 

4 

   EN