Directive 2008/35/EC of the European Parliament and of the Council of 11 March 2008 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 on the Commission
Date: 2008-03-11
Institutions: Council of the European Union, European Parliament
Subjects: European Commission, dangerous substance, electrical equipment, electronic equipment, powers of the institutions (EU), public health, waste management, waste recycling

20.3.2008

EN

Official Journal of the European Union

L 81/67

DIRECTIVE 2008/35/EC OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL

of 11 March 2008

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 on the
Commission

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE
EUROPEAN UNION,

(4)

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

establishing the European

Having regard to the proposal from the Commission,

Having regard to the opinion of the European Economic and
Social Committee (1),

After consulting the Committee of the Regions,

Acting in accordance with the procedure
Article 251 of the Treaty (2),

laid down in

(5)

(6)

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

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

Since the amendments made to Directive 2002/95/EC by
in nature and concern
this Directive are technical
they do not need to be
committee procedure only,
transposed by the Member States.
is therefore not
necessary to lay down provisions to that effect,

It

Whereas:

(1)

(2)

(3)

Directive 2002/95/EC of the European Parliament and of
the Council (3) provides that certain measures are to be
adopted
Council Decision
1999/468/EC of 28 June 1999 laying down the
procedures for
implementing powers
the exercise of
conferred on the Commission (4).

accordance with

in

the

introduced

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

and

the Council

In accordance with the statement by the European
the Commission (5)
Parliament,
for the regulatory
concerning Decision 2006/512/EC,
procedure with scrutiny to be applicable to instruments
adopted in accordance with the procedure referred to in
Article 251 of the Treaty which are already in force,
those instruments must be adjusted in accordance with
the applicable procedures.

(1) OJ C 161, 13.7.2007, p. 45.
(2) Opinion of

the European Parliament of 11 July 2007 (not yet
published in the Official Journal) and Council Decision of 3 March
2008.

(3) OJ L 37, 13.2.2003, p. 19. Directive as

last amended by
Commission Decision 2006/692/EC (OJ L 283, 14.10.2006, p. 50).
(4) OJ L 184, 17.7.1999, p. 23. Decision as amended by Decision

2006/512/EC (OJ L 200, 22.7.2006, p. 11).

(5) OJ C 255, 21.10.2006, p. 1.

HAVE ADOPTED THIS DIRECTIVE:

Article 1

Amendments

Directive 2002/95/EC is hereby amended as follows:

1. Article 5(1) shall be amended as follows:

(a)

the introductory wording shall be replaced by the
following:

‘1.
Any amendments which are necessary in order to
adapt the Annex to scientific and technical progress for
the following purposes shall be adopted:’;

(b) the following subparagraph shall be added:

‘The measures referred to in points (a), (b) and (c) of 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).’;

L 81/68

EN

Official Journal of the European Union

20.3.2008

2. Article 7 shall be 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/EEC of 15 July
1975 on waste (*).

reference

2. Where
paragraph,
is made
Article 5a(1) to (4) and Article 7 of Decision 1999/468/EC
shall apply, having regard to the provisions of Article 8
thereof.

this

to

___________
(*) 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).’.

Article 2

Entry into force

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

Article 3

Addressees

This Directive is addressed to the Member States.

Done at Strasbourg, 11 March 2008.

For the European Parliament
The President

H.-G. PÖTTERING

For the Council
The President

J. LENARČIČ