Proposal for a Directive of the European Parliament and of the Council on the restriction of the use of certain hazardous substances in electrical and electronic equipment (recast) {SEC(2008) 2930} {SEC(2008) 2931}
Date: 2008-12-03
Institutions: European Commission
Subjects: EU law, dangerous substance, electrical equipment, electronic equipment, operation of the Institutions, public health, waste management, waste recycling

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COMMISSION OF THE EUROPEAN COMMUNITIES 

Brussels, 3.12.2008 
COM(2008) 809 final 

2008/0240 (COD) 

Proposal for a 

DIRECTIVE OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL 

on the restriction of the use of certain hazardous substances in electrical and electronic 
equipment 

(recast) 

{SEC(2008) 2930} 
{SEC(2008) 2931} 

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EXPLANATORY MEMORANDUM 

(cid:208) . 

Context of the proposal 

110 

•  Grounds for and objectives of the proposal 

Directive  2002/95/EC  (RoHS  Directive)  aims  to  restrict  hazardous  substances  in 
electrical  and  electronic  equipment  so  as  to  contribute  to  the  protection  of  human 
health  and  the  environmentally  sound  recovery  and  disposal  of  waste  electrical  and 
electronic equipment. Its review is being carried out for two main reasons: 

1.  The  Commission  is  committed  to  developing  a  better  regulatory  environment,  one 
that is simple, understandable, effective and enforceable. The regulatory environment 
in which businesses operate influences their competitiveness, and their ability to grow 
and  create  jobs.  The  aim  for  better  regulation  is  an  important  element  in  the  EU’s 
Partnership  for  Growth  and  Jobs  (Lisbon)  strategy.  There  is  room  to  improve  the 
Directive in terms of implementation, enforcement and coherence. 

2. The RoHS Directive calls on the Commission to review the measures provided for in 
the Directive in particular with regard to the inclusion of two additional categories of 
equipment in the scope (categories 8&9 : medical devices and monitoring and control 
instruments) and the adaptation of the list of restricted substances The objectives of the 
proposal are a clearer Directive that is simpler in its operation, improved enforcement 
at  national  level,  adaptation  to  technical  and  scientific  progress  and  coherence  with 
other pieces of Community legislation.  

120 

•  General context 

Uncertainty about the scope, lack of clarity on legal provisions and definitions as well 
as  disparities  in  Member  States'  approaches  to  product  compliance  and  potential 
duplication of procedure with other pieces of EU legislation such as REACH generate 
unnecessary administrative costs. If the RoHS Directive is not reviewed, environmental 
benefits  reaped  from  the  legislation  will  remain  sub-optimal;  uncertainty  among 
manufacturers about legal requirements for demonstrating compliance with the RoHS 
Directive and about enforcement methodologies in the 27 Member States will persist, 
maintaining or increasing administrative burden. 

•  Existing provisions in the area of the proposal 

The acts related to the present proposal are the RoHS Directive itself. 

•  Consistency with the other policies and objectives of the Union 

The RoHS review will enhance its complementarity and coherence with other relevant 
Community  legislation,  such  as  the  "Marketing  of  Products  Package"1  of  legislation 

Decision No 768/2008/EC of the European Parliament and of the Council of 9 July 2008 on a common 
framework  for  the  marketing  of  products,  and  repealing  Decision  93/465/EEC  (OJ  L  218,  13.8.2008, 

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(regarding  definitions  and  enforcement),  REACH2  (regarding  the  use  of  substances), 
the EuP Directive3 (regarding the design of electrical and electronic equipment (EEE)) 
and  legislation  related  to  management  of  waste  from  EEE.  It  is  aimed  to  reduce  the 
administrative burden and make the RoHS Directive more cost effective. 

Consultation of interested parties and impact assessment 

•  Consultation of interested parties 

211 

Consultation methods, main sectors targeted and general profile of respondents 

Two stakeholder consultations have been launched via the EUROPA website. The first 
stakeholder  consultation  (22  March  –  22  May  2007)  invited  for  comments  and 
information  supply  on  potential  RoHS  Directive  review  topics.  A  second  stakeholder 
consultation (13 December 2007 – 13 February 2008) was held with the main purpose 
of  receiving  feedback  and  information  on  proposed  policy  options  during  the  first 
stakeholder event. 

212 

Summary of responses and how they have been taken into account 

The  responses  to  the  consultations  covered  a  large  stakeholder  and  geographical 
spectrum  and  there  were  considerable  variations  in  the  extent  and  quality  of  the 
contributions. 

In the first consultation (49 respondents), industry stakeholders focused on the need of 
streamlined  and  harmonised  implementation  (in  particular  with  regard  to  scope  and 
demonstration  of  compliance)  and  that  of  speeding  up  the  exemptions  mechanism. 
NGOs called for enhancing the environmental and health benefits of the Directive.  

In the second consultation (62 respondents) stakeholders responded in detail giving a 
clear  idea  as  to  their  preferences  on  the  individual  options,  and  on  the  future 
orientations  of  the  RoHS  Directive  in  general.  Some  suggested  phasing  out  of  the 
RoHS Directive and entrusting the hazardous substances management to REACH, but 
the  vast  majority  of  stakeholders  did  not  share  this  view.  In  general,  stakeholders 
submitted ideas for clarifying concepts and reducing uncertainties. 

The results of the consultations are available at 
http://ec.europa.eu/environment/waste/weee/events_rohs2_en.htm. 

•  Collection and use of expertise 

p. 82) and Regulation (EC) No 765/2008 of the European Parliament and of the Council of 9 July 2008 
setting  out  the  requirements  for  accreditation  and  market  surveillance  relating  to  the  marketing  of 
products, and repealing Regulation (EEC) No 339/93 (OJ L 218, 13.8.2008, p. 30). 
OJ L 396, 30.12. 2006, p. 1. 
OJ L 191, 22.7.2005, p. 29. 

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221 

Scientific/expertise domains concerned 

A study regarding the possibility of including medical devices monitoring and control 
instruments, as requested by Article 6 of the RoHS Directive, was carried out in 20064. 

A  study  examining  the  need  and  feasibility  of  regulating  under  RoHS  additional 
hazardous  substances  as  required  by  Articles  4(3)  and  6  of  RoHS  Directive,  was 
finalised in June 2008. 

A  service  contract  to  assist  the  Commission  services  with  technical  aspects  of  the 
impact assessment was finalised in July 2008. 

A  study  focusing  on  innovation  and  competition  aspects  of  the  WEEE  and  RoHS 
review was finalised in April 20085. 

The only substance for which updated science justified examining whether it should be 
removed  from  the  ban  is  Deca-BDE.  Since  2002,  the  use  of  Deca-BDE  in  EEE  has 
been  restricted  by  the  RoHS  Directive.  In  2005  Deca-BDE  was  exempted  from  the 
restriction  of  use  by  Commission  Decision  2005/717/EC.6  On  1st  April  2008,  the 
European  Court  of  Justice  annulled  the  exemption  decision  in  this  respect,  but 
maintained its effects until 30 June 2008 inclusive7.  

Since the 1st of July 2008 the original restriction of use of Deca-BDE in EEE applies 
again.  In  the  present  proposal,  Deca-BDE  remains  included  in  the  list  of  banned 
substances (Annex IV). There remain uncertainties about its toxicity and degradation to 
other  banned  substances  (debromination 
to  PBT/vPvB  substances).  The  risk 
assessment  concluded  that  there  is  no  need  for  risk  reduction  measures  beyond  those 
which  are  being  applied  already  with  regard  to  risk  to  consumers,  human  health 
(physico-chemical properties), risks to the atmosphere and risks to micro-organisms in 
the  sewage  treatment  plant,  and  that  there  is  a  need  for  further  information  and  or 
testing with respect to risks to workers, to humans exposed via the environment and to 
the aquatic and terrestrial ecosystem, in order to adequately characterise the concerns 
regarding  the  persistent,  bio-accumulative  and  toxic  properties  of  the  substance.8 
Commission  Regulation  565/2006  required  further  studies  to  be  carried  out  for  the 
purpose  of  risk  evaluation,  including  on  developmental  neurotoxicity,  human  bio-
monitoring and environmental monitoring programmes.9 The risks caused by the use of 
Deca-BDE in EEE are aggravated by recent findings10 about uncontrolled dumping of 
waste in the EU and in particular about illegal trade of WEEE to countries with sub-
standard  waste  management  conditions.  User  industry  can  apply  for  temporary 
exemptions  from  the  ban  following  the  criteria  of  Article  5(1)(b)  of  the  present 
proposal. In line with what is envisaged in Recital 7 of the present proposal, the current 
restriction of use will be kept under review and, if necessary, will be adjusted to take 
account of new technical and scientific information. 

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5 
6 
7 

Final Report available at http://ec.europa.eu/environment/waste/pdf/era_study_final_report.pdf. 
Final Report available at http://ec.europa.eu/enterprise/environment/reports_studies/index.htm. 
OJ L 271, 15.10.2005, p. 48. 
Joined  cases  C-14/06  and  295/06.  The  Court  found  that  the  decision  did  not  meet  the  criteria  for 
granting exemptions (Article 5). First, the decision was not based on “technical or scientific progress”, 
since the draft conclusions of the risk assessment used to justify the exemption dated from 2002 and the 
conclusions  had  not  changed  since  then;  secondly,  the  Commission  did  not  assess  whether  or  not 

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222 

Methodology used 

The  methodology  used  for  the  above  mentioned  studies  included  surveys,  literature 
research,  interviews  with  industry  and  Member  States'  enforcement  authorities'  and 
industry representatives. Moreover, technical workshops with stakeholders were held. 

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Main organisations/experts consulted 

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Industry federations and individual companies, NGOs and Member States. 

Summary of advice received and used 

Key  points  of  advice  received  and  used  include  harmonisation  of  requirements, 
clarification  and  simplification  of  the  Directive,  improvement  of  exemptions' 
mechanism and inclusion of medical devices and control and monitoring instruments in 
the scope.  

Means used to make the expert advice publicly available 

Publication of final reports on the EUROPA website. 

•  Impact assessment 

The  options  considered  included:  not  to  make  any  clarifications  or  additions  in  the 
scope  or  definitions;  to  repeal  the  Directive  altogether;  to  release  a  substance 
(DecaBDE) from the ban and to extend the list of restricted substances. 

the  benefits.  It 

is  recommended 

They  were  rejected  because  the  impact  assessment  showed  that  they  would  result  in 
suboptimal  benefits  from  the  review  of  the  Directive  or  because  the  potential  costs 
outweighed 
introduce  clarifications  and 
enforcement-related  clauses,  to  align  provisions  where  possible  with  other  pieces  of 
Community  legislation  such  as  REACH,  to  adapt  the  exemption  mechanism  and  to 
include  two  new  categories  of  equipment.  The  expected  benefits  are  environmental 
(reduction  of  quantities  of  hazardous  substances  released  in  the  environment  from 
medical devices and control and monitoring instruments, reduction of number of non-
compliant products in the market) and economic (reduction  of administrative burden, 
avoidance of duplication of procedures, and increase of legal certainty). 

to 

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The  proposal  has  been  subject  to  an  impact  assessment  listed  in  the  Commission's 
Legislative and Work Programme. 

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substitutes are available and what are the impacts of the substitutes compared to Deca-BDE; thirdly, the 
exemption was too wide. 
OJ C131/7 of 29.5.2008 
OJ L 99/3 of 7.4.2006 
See Commission Staff Working Document accompanying document to the Proposal for a Directive of 
the European Parliament and of the Council amending Directive 2002/96/EC on Waste Electrical and 
Electronic Equipment (WEEE), page 99. 

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Legal elements of the proposal 

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•  Summary of the proposed action 

It should be noted that the basic objectives and mechanisms of this Directive have not 
been changed. The ultimate aim is the elimination of certain hazardous substances from 
electrical and electronic equipment; where this is temporarily not possible, exemptions 
are granted. No new substances are proposed to be banned. 

The main proposed modifications are as follows: 

Article 2 (scope): Two new annexes describing the Directive scope are added, the first 
describing the broad product categories and the second, amendable by the Commission, 
providing  binding  product  lists  within  each  category.  A  harmonised  scope  improves 
implementation  of  the  Directive  and  reduces  administrative  burden.  Medical  devices 
and  control  and  monitoring  instruments  are  included  to  reap  the  environmental  and 
health  benefits  from  the  reduction  of  use  of  hazardous  substances  in  such  equipment 
but in a staged manner so that adverse socioeconomic impacts are avoided 

Article  3  (definitions):  The  definitions  for  economic  operators  are  aligned  to  the 
"Marketing  of  products"  package  and  new  definitions,  such  as  for  "medical  devices" 
and "homogeneous material" are added. Harmonised definitions, coherent with related 
Community legislation enhance legal clarity and reduce administrative cost. 

Article  4  (substance  ban):  Maximum  concentration  values  for  the  banned  substances 
are  set  (incorporation  in  the  Directive  of  a  Commission  Decision)  and  permission  to 
use non-compliant spare parts is extended to equipment benefitting from an exemption 
when placed on the market, to prevent premature withdrawal of equipment from use; a 
new  annex  with  exemptions  specific  to  the  new  product  categories  (medical  devices 
and  control  and  monitoring  instruments)  is  added  for  cases  where  substitution  is 
currently not feasible; a mechanism for introducing new substance bans in line with the 
REACH methodology is inserted to ensure coherence and maximise synergy with the 
work carried out under the chemicals' legislation. Detailed rules of this process will be 
developed through comitology. When developing these detailed rules, the Commission 
will  give  priority  to  using  the  expertise  available  at  the  European  Chemicals  Agency 
(ECHA). The Commission will invite ECHA to evaluate the substances concerned as a 
priority.  

Article  5  (exemptions  mechanism)  :  a  4-year  maximum  validity  period  for  the 
exemptions is set to stimulate substitution efforts, provide legal security and shift the 
burden of proof to the applicant, in line with REACH. New criteria such as availability 
and  reliability  for  granting  exemptions  are  introduced  to  take  into  account  broader 
socio-economic  aspects;  a  mandate  is  given  to  the  Commission  for  establishing 
detailed rules for the applicants to apply when requesting an exemption for facilitating 
them and speeding the scrutiny process.  

Articles  6-8  are  new  and  introduce  product  conformity  assessment  requirements  and 
market  surveillance  mechanisms  in  line  with  the  "Marketing  of  products"  package. 
Reducing  number  of  non-compliant  products  through  strengthened  and  harmonised 
market surveillance is a cost effective way for increasing the environmental benefit of 
the Directive; harmonised conformity assessment requirements increase legal certainty 

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and reduce administrative cost for Member States and manufacturers 

•  Legal basis 

Article 95 of the Treaty. 

•  Subsidiarity principle 

The  subsidiarity  principle  applies  insofar  as  the  proposal  does  not  fall  under  the 
exclusive competence of the Community. 

The  objectives  of  the  proposal  cannot  be sufficiently  achieved  by  the  Member  States 
for the following reasons: 

Environmental impacts of electrical and electronic products and their free movement in 
the internal market are shared competences between the Community and the Member 
States;  

Reduced environmental protection and problems in the internal market might result in 
case of individual initiatives from the Member States. 

Community action will better achieve the objectives of the proposal for the following 
reasons: 

The transnational nature of the problems makes them appropriate for being regulated at 
Community  level;  harmonisation  of  requirements  for  manufacturers  and  authorities 
throughout the Community will increase cost-efficiency and foster simplification.  

The  need  for  more  advanced  harmonisation  of  the  RoHS  requirements  can  only  be 
addressed through a recast of the Directive; simplification of EU legislation can only 
take place at Community level.  

Fragmented national RoHS-related administrative requirements would increase cost of 
compliance for manufacturers. 

This  recast  is  an  integral  part  of  developing  a  better  regulatory  environment  at 
Community level. 

The proposal therefore complies with the subsidiarity principle. 

•  Proportionality principle 

The proposal complies with the proportionality principle for the following reasons: 

The proposed measure is the recast of an existing Directive on the points indicated by 
Council  and  European  Parliament.  It  is  also  part  of  the  simplification  exercise  and 
increases coherence and synergies with other relevant Community legislation affecting 
the same products. 

The  clarifications  on  scope  and  definitions, 
introduction  of  harmonised 
enforcement-related  clauses  and  the  improvement  of  the  mechanism  for  granting 
exemptions  to  the  restrictions  will  increase  legal  certainty  and  reduce  administrative 

the 

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burden.  

•  Choice of instruments 

Proposed instruments: Directive. 

Other means would not be adequate for the following reasons: 

The proposed measure is a recast of an existing Directive; it incorporates, as necessary, 
elements  from  guidance  documents,  the  harmonisation  effect  of  which  was  deemed 
insufficient.  Self-regulatory  activities  only  would  not  be  sufficient  for  achieving  the 
policy  objectives;  the  option  of  repealing  the  Directive  was  examined  and  discarded 
during the impact assessment. 

Budgetary implication 

409 

The proposal has no implication for the Community budget. 

Additional information 

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•  Simplification 

The  recast  proposal  provides  for  simplification  of  legislation:  simplification  of 
administrative  procedures  for  public  authorities  (EU  and  national);  simplification  of 
administrative procedures for private parties. 

It  clarifies  definitions  and  scope;  harmonises  compliance  assessment  of  products  and 
market surveillance activities; adapts and improves the efficiency of the mechanism for 
granting exemptions to technical and scientific progress. 

Structured  coordination  of  market  surveillance  authorities  and  activities  (including 
exchange of information), clarification of scope and definitions and streamlining of the 
mechanism  for  granting  exemptions  will  facilitate  the  work  of  the  authorities  in 
implementing and enforcing the Directive. 

Clarifications  on  scope  and  definitions  will  facilitate  decisions  on  whether  a  given 
product  falls  within  and  the  scope  and  which  measures  must  be  taken  for  achieving 
compliance;  harmonising  conformity  assessment  procedures  gives  to  manufacturers 
legal certainty as to what they have to provide as proof of compliance to the authorities 
throughout the Community.  

The  proposal  is  included  in  the  Commission's  rolling  programme  for  up-date  and 
simplification of the acquis communautaire and its Work and Legislative Programme 
under the reference 2008/ENV/001. 

•  Recast of existing legislation 

The adoption of the proposal will lead to the recast of existing legislation, namely the 
existing Directive 2002/95/EC. As the Annex V listing exemptions from the substance 
ban of Article 4(1) of the RoHS Directive is being updated on regular basis according 
to technical and scientific progress through the comitology procedure, this Annex is not 

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part of the current co-decision proposal.  

•  Review/revision/sunset clause 

531 

550 

The proposal does not include a review clause. However, the Commission will closely 
monitor the need for revision, in light of the outcome of the review carried out under 
Article 138(6) of Regulation (EC) No 1907/2006. 

•  Correlation table 

The  Member  States  are  required  to  communicate  to  the  Commission  the  text  of 
national  provisions  transposing  the  Directive  as  well  as  a  correlation  table  between 
those provisions and this Directive. 

560 

•  European Economic Area 

The proposed act concerns an EEA matter and should therefore extend to the European 
Economic Area. 

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(cid:208) 2002/95/EC (adapted) 

2008/0240 (COD) 

Proposal for a 

DIRECTIVE OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL 

on the restriction of the use of certain hazardous substances in electrical and electronic 
equipment 

(recast) 
(Text with EEA relevance) 

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 Commission11, 

Having regard to the opinion of the Economic and Social Committee12, 

Having regard to the opinion of the Committee of Regions13, 

Acting in accordance with the procedure laid down in Article 251 of the Treaty in the light of 
the joint text approved by the Conciliation Committee on 8 November 2002 14 , 

Whereas: 

(1) 

A number of substantial changes are to be made to Directive 2002/95/EC of 27 
(1) 
January 2003 on the restriction of the use of certain hazardous substances in electrical 
and electronic equipment15. In the interest of clarity, that Directive should be recast. 

(cid:216) new 

(21)  The disparities between the laws or administrative measures adopted by the Member 
States  as  regards  the  restriction  of  the  use  of  hazardous  substances  in  electrical  and 

(cid:208)2002/95/EC 

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13 
14 

15 

OJ C ⌦ , , p. ⌫ 365 E, 19.12.2000, p. 195 and OJ C 240 E, 28.8.2001, p. 303. 
OJ C ⌦ , , p ⌫ . 116, 20.4.2001, p. 38. 
OJ C ⌦ , , p ; ⌫ 148, 18.5.2001, p. 1. 
 ⌦ OJ C, , p ⌫ Opinion of the European Parliament of 15 May 2001 (OJ C 34 E, 7.2.2002, p. 109), 
Council  Common  Position  of  4  December  2001  (OJ  C  90 E,  16.4.2002,  p.  12)  and  Decision  of  the 
European  Parliament  of  10  April  2002  (not  yet  published  in  the  Official  Journal).  Decision  of  the 
European Parliament of 18 December 2002 and Decision of the Council of 16 December 2002. 
OJ L 37, 13.2.2003, p 19. 

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electronic  equipment  could  create  barriers  to  trade  and  distort  competition  in  the 
Community  and  may  thereby  have  a  direct  impact  on  the  establishment  and 
functioning  of  the  internal  market.  It  therefore  appears  necessary  to  approximate  the 
laws of the Member States in this field and to contribute to the  protection of human 
health  and  the  environmentally  sound  recovery  and  disposal  of  waste  electrical  and 
electronic equipment. 

(cid:208) 2002/95/EC (adapted) 
(cid:214) new 

(3)(2)  The  European  Council  at  its  meeting  in  Nice  on  7,  8  and  9  December  2000 
(cid:214) Directive 2002/95/EC provides that the Commission shall review the provisions of 
that  Directive,  in  particular,  in  order  to  include  in  the  scope,  equipment  which  falls 
under  certain  categories  and  to  study  the  need  to  adapt  the  list  of  substances  on  the 
basis  of  scientific  progress,  taking  into  account  the  precautionary  principle,  as  
endorsed (cid:214) by  the Council Resolution of 4 December 2000. on the precautionary 
principle. 

(3) 

(4) 

The  Commission  Communication  of  30  July  1996  on  the  review  of  the  Community 
strategy  for  waste  management  stresses  the  need  to  reduce  the  content  of  hazardous 
substances  in  waste  and  points  out  the  potential  benefits  of  Community-wide  rules 
limiting the presence of such substances in products and in production processes. 

The  Council  Resolution  of  25  January  1988  on  a  Community  action  programme  to 
combat  environmental  pollution  by  cadmium16  invites  the  Commission  to  pursue 
without  delay  the  development  of  specific  measures  for  such  a  programme.  Human 
health also has to be protected and an overall strategy that in particular restricts the use 
of cadmium and stimulates research into substitutes should therefore be implemented. 
The  Resolution  stresses  that  the  use  of  cadmium  should  be  limited  to  cases  where 
suitable and safer alternatives do not exist. 

(4)(5)  The available evidence indicates that measures on the collection, treatment, recycling 
and  disposal  of  waste  electrical  and  electronic  equipment  (WEEE)  as  set  out  in 
Directive  2002/96/EC  of  27  January  2003  of  the  European  Parliament  and  of  the 
Council  on  waste  electrical  and  electronic  equipment17  are  necessary  to  reduce  the 
waste  management  problems  linked  to  the  heavy  metals  concerned  and  the  flame 
retardants concerned. In spite of those measures, however, significant parts of WEEE 
will continue to be found in the current disposal routes. Even if WEEE were collected 
separately  and  submitted  to  recycling  processes,  its  content  of  mercury,  cadmium, 
lead,  chromium  VI,  PBB  and  PBDE  would  be  likely  to  pose  risks  to  health  or  the 
environment. 

(5)(6)  Taking  into  account  technical  and  economic  feasibility,  (cid:214) including  for  small  and 
medium sized enterprises (SMEs)  the most effective way of ensuring the significant 
reduction of risks to health and the environment relating to those substances which can 
achieve  the  chosen  level  of  protection  in  the  Community  is  the  substitution  of  those 
substances in electrical and electronic equipment by safe or safer materials. Restricting 

16 
17 

OJ C 30, 4.2.1988, p. 1. 
See page 24 of this Official Journal 

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the  use  of  these  hazardous  substances  is  likely  to  enhance  the  possibilities  and 
economic profitability of recycling of WEEE and decrease the negative health impact 
on workers in recycling plants. 

(6)(7)  The  substances  covered  by  this  Directive  are  scientifically  well  researched  and 
evaluated  and  have  been  subject  to  different  measures  both  at  Community  and  at 
national level. 

(7)(8)  The  measures  provided  for  in  this  Directive  take  into  account  existing  international 
guidelines  and  recommendations  and  are  based  on  an  assessment  of  available 
scientific and technical information. The measures are necessary to achieve the chosen 
level of protection of human and animal health and the environment, having regard to 
the risks which the absence of measures would be likely to create in the Community. 
The measures should be kept under review and, if necessary, adjusted to take account 
of available technical and scientific information. 

(cid:216) new 

(8) 

(9) 

This  Directive  supplements  the  general  Community  waste  management  legislation, 
such  as  Directive  2008/[…]/EC  of  the  European  Parliament  and  of  the  Council  on 
waste.  

Directive 2005/32/EC of the European Parliament and of the Council of 6 July 2005 
establishing a framework for the setting of eco-design requirements for energy-using 
products18 enables the adoption of specific eco-design requirements for energy using 
products which may also be covered by this Directive. Directive 2005/32/EC and the 
implementing  measures  adopted  pursuant  to  it  are  without  prejudice  to  Community 
waste management legislation. 

(cid:208) 2002/95/EC (adapted) 
(cid:214) new 

(10)(9) This Directive should apply without prejudice to Community legislation on safety and 
health  requirements  and  specific  Community  waste  management  legislation,  in 
particular ⌦ Directive 2006/66/EC of the European Parliament and of the Council of 
6 September 2006 on batteries and accumulators and waste batteries and accumulators 
⌫ Directive 91/157/EEC of 18 March 1991 on batteries and accumulators containing 
certain  dangerous  substances  19 (cid:214) and  Regulation  (EC)  850/2004  of  the  European 
Parliament and of the Council of 29 April 2004 on persistent organic pollutants20 . 

(11)(10)The  technical  development  of  electrical  and  electronic  equipment  without  heavy 

metals, PBDE and PBB should be taken into account.  

(cid:208) 2002/95/EC (adapted) 
(cid:214) new 

18 
19 

20 

EN 

OJ L 191, 22.7.2005, p. 29-58 
7 
Directive 98/101/EC (OJ L 1, 5.1.1999, p. 1). 
OJ L 229, 30.4.2004, p.5 amending Directive 79/117/EEC 

OJ L ⌦ 266, 26.9.2006, p.1. ⌫ 78, 26.3.1991, p. 38. Directive as amended by Commission 

12 

   EN 

 
 
 
                                                 
(12)  As soon as scientific evidence is available and taking into account the precautionary 
principle, the prohibition of other hazardous substances and their substitution by more 
environmentally friendly alternatives which ensure at least the same level of protection 
of  consumers  should  be  examined  (cid:214) ,  paying  attention  to  coherency  with  other 
Community  legislation,  and  in  particular  to  Regulation  (EC)  No  1907/2006  of  the 
European  Parliament  and  of  the  Council  of  18  December  2006  concerning  the 
Registration,  Evaluation,  Authorisation  and  Restriction  of  Chemicals  (REACH)21. 
Specific account should be taken of the potential impact on SMEs.   

(13)(11) 
Exemptions  from  the  substitution  requirement  should  be  permitted  if 
substitution is not possible from the scientific and technical point of view (cid:214) , taking specific 
account  of  the  situation  of  SMEs   or  if  the  negative  environmental,  or  health  (cid:214) or  socio-
economic  impacts caused by substitution are likely to outweigh the human the health, and 
environmental (cid:214) or socio-economic  benefits of the substitution. (cid:214) or the availability and 
reliability  of  substitutes  is  not  ensured.   Substitution  of  the  hazardous  substances  in 
electrical and electronic equipment should also be carried out in a way so as to be compatible 
with  the health  and safety of users of electrical and electronic equipment (cid:214) The placing on 
the  market  of  medical  devices  requires  a  conformity  assessment  procedure,  according  to 
Directives 93/42/EC and 98/79/EC, which could require the involvement of a notified body 
designated by Competent Authorities of Member States. If such a notified body certifies that 
the safety of the potential substitute for the intended use in medical devices or in vitro medical 
devices  is  not  demonstrated,  this  will  be  viewed  as  a  clear  negative  socio-economic,  health 
and  consumer  safety  impact   (EEE).  (cid:214) It  should  be  possible  to  apply  for  exemptions  of 
equipment coming under the scope of this Directive from the date of its entry into force, even 
when that is before the actual inclusion in the scope of that equipment.  

(14)  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 should become avoidable. 

(cid:216) new 

(15)(12) 

As product reuse, refurbishment and extension of lifetime are beneficial, spare 

parts need to be available. 

(cid:208) 2002/95/EC 

(cid:216) new 

(16)  Procedures for assessing the conformity of electrical and electronic equipment subject 
to this Directive should be consistent with the Community relevant legislation and in 
particular Decision No 768/2008/EC of the European Parliament and of the Council of 9 July 
2008 on a common framework for the marketing of products, and repealing Council Decision 
93/465/EEC22. Harmonising conformity assessment procedures should give manufacturers 
legal certainty as to what they have to provide as proof of compliance to the authorities 
throughout the Community. 

21 
22 

OJ L 396 of 30.12. 2006, p. 1–849. 
OJ L 218, 13.8.2008, p 82-128. 

EN 

13 

   EN 

 
 
 
                                                 
(17)  The  conformity  marking  applicable  for  products  at  Community  level,  CE  marking, 
should also apply to electrical and electronic equipment subject to this Directive. 

(18)  The market  surveillance mechanisms laid  down by  Regulation (EC)  No  765/2008 of 
the  European  Parliament  and  of  the  Council  of  9  July  2008  setting  out  the 
requirements  for  accreditation  and  market  surveillance  relating  to  the  marketing  of 
products  and  repealing  Regulation  (EEC)  No  339/9323  would  ensure  the  safeguard 
mechanisms to check compliance with this Directive. 

(13)  The  adaptation  to  scientific  and  technical  progress  of  the  exemptions  from  the 
requirements concerning phasing out and prohibition of hazardous substances should 
be effected by the Commission under a committee procedure. 

(cid:216) new 

(19)(14) The measures necessary for the implementation of this Directive should 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 Commission24. 

(cid:208) 2002/95/EC 

(cid:216) new 

(20) 

In particular the Commission should be empowered to adapt Annexes II, III, IV, V and 
VI  to  technical  and  scientific  progress  and  to  adopt  other  necessary  implementing 
measures. Since those measures are of general scope and are designed to amend non-
essential elements of Directive 2002/95/EC, they must be adopted in accordance with 
the  regulatory  procedure  with  scrutiny  provided  for  in  Article  5a  of  Decision 
1999/468/EC. 

(21)  The obligation to transpose this Directive into national law should be confined to those 
provisions  which  represent  a  substantive  change  as  compared  with  the  earlier 
Directive. The obligation to transpose the provisions which are unchanged arises under 
the earlier Directive. 

(22)  This  Directive  should  be  without  prejudice  to  the  obligations  of  the  Member  States 
relating  to  the  time-limits  for  transposition  into  national  law  and  application  of  the 
Directives set out in Annex VIII, Part B, 

(23)  Since the objectives of the action to be taken, namely to establish restrictions on the 
use  of  hazardous  substances  in  electrical  and  electronic  equipment  cannot  be 
sufficiently  achieved  by  the  Member  States  and  can  therefore  be  better  achieved  at 
Community level by reason of the scale of the problem and its implications in respect 
of  other  Community  legislation  on  recovery  and  disposal  of  waste  and  areas  of 
common  interest,  such  as  human  health  protection,  the  Community  may  adopt 
measures, in accordance with the principle of subsidiarity as set out in Article 5 of the 

23 
24 

OJ L 218, 13.8.2008, p.30-47 
OJ L 184, 17.7.1999, p. 23. 

EN 

14 

   EN 

 
 
 
                                                 
Treaty. In accordance with the principle of proportionality, as set out in that Article, 
this Directive does not go beyond what is necessary in order to achieve that objective, 

HAVE ADOPTED THIS DIRECTIVE: 

(cid:208) 2002/95/EC (adapted) 
(cid:214) new 

Article 1 

⌦ Subject matter ⌫ Objectives 

The  purpose  of  this  Directive  is  to  approximate  the  laws  of  the  Member  States  on  the 
restrictions of the use of hazardous substances in electrical and electronic equipment and  

(cid:214) This Directive lays down rules on the restriction of use of hazardous substances in electric 
and electronic equipment with a view  to contribute to the protection of human health and 
the environmentally sound recovery and disposal of waste electrical and electronic equipment. 

Article 2 

Scope 

1.  Without  prejudice  to  Article  6,  tThis  Directive  shall  apply  to  electrical  and  electronic 
equipment  falling  under  the  categories  1,  2,  3,  4,  5,  6,  7  and  10  set  out  in  Annex  IA  as 
(cid:214) specified in Annex II  to Directive No 2002/96/EC (WEEE) and to electric light bulbs, 
and luminaires in households. 

(cid:208) 2002/95/EC 
(cid:214) new 

2.  This  Directive  shall  apply  without  prejudice  to  (cid:214) requirements  of   Community 
legislation on safety and health, (cid:214) on chemicals, in particular Regulation (EC) 1907/2006 as 
well as of  requirements and specific Community waste management legislation. 

3. This Directive does not apply to: spare parts for the repair, or to the reuse, of electrical and 
electronic equipment put on the market before 1 July 2006. 

(a)  (cid:214) equipment which is necessary for the protection of the essential interests of 
the  security  of  Member  States,  including  arms,  munitions  and  war  material 
intended for specifically military purposes ;  

(b)  (cid:214) equipment  which  is  specifically  designed  as  part  of  another  type  of 
equipment that does not fall within the scope of this Directive and can fulfill its 
function only if it is part of that equipment;  

(c)  (cid:214) equipment  which  is  not  intended  to  be  placed  on  the  market  as  a  single 

functional or commercial unit.  

EN 

15 

   EN 

 
 
Article 3 

Definitions 

For the purposes of this Directive, the following definitions shall apply: 

(a) 

(b) 

‘electrical  and  electronic  equipment’  or  (cid:214) (hereinafter   ‘EEE’  means  equipment 
which  is  dependent  on  electric  currents  or  electromagnetic  fields  in  order  to  work 
properly  and  equipment  for  the  generation,  transfer  and  measurement  of  such 
currents  and  fields  falling  under  the  categories  set  out  in  Annex  IA  to  Directive 
2002/96/EC (WEEE) and designed for use with a voltage rating not exceeding 1000 
volts for alternating current and 1500 volts for direct current; 

‘producer’  means  any  person  who,  irrespective  of  the  selling  technique  used, 
including by means of distance communication according to Directive 97/7/EC of the 
European  Parliament  and  of  the  Council  of  20  May  1997  on  the  protection  of 
consumers in respect of distance contracts25: 

(i)  manufactures  and  sells  electrical  and  electronic  equipment  under  his  own 

brand; 

(ii) 

resells under his own brand equipment produced by other suppliers, a reseller 
not being regarded as the ‘producer’ if the brand of the producer appears on the 
equipment, as provided for in subpoint (i); or 

(iii) 

imports or exports electrical and electronic equipment on a professional basis 
into a Member State. 

Whoever exclusively provides financing under or pursuant to any finance agreement shall not 
be deemed a ‘producer’ unless he also acts as a producer within the meaning of subpoints (i) 
to (iii). 

(cid:216) new 

"manufacturer” means any natural or legal person who manufactures an EEE or who 
has an EEE designed or manufactured under his name or trademark; 

“distributor”  means  any  natural  or  legal  person  in  the  supply  chain,  other  than  the 
manufacturer or the importer, who makes an EEE available on the market; 

“importer”  means  any  natural  or  legal  person  established  within  the  Community, 
who places an EEE from a third country on the Community market; 

"making  available  on  the  market”  means  any  supply  of  an  EEE  for  distribution, 
consumption or use on the Community market in the course of a commercial activity, 
whether in return for payment or free of charge; 

“placing  on  the  market”  means  the  first  making  available  of  an  EEE  on  the 
Community market; 

OJ L 144, 4.6.1997, p. 19. Directive as amended by Directive 2002/65/EC (L 271, 9.10.2002, p. 16). 

(b) 

(c) 

(d) 

(e) 

(f) 

25 

EN 

16 

   EN 

 
                                                 
(g) 

(h) 

(i) 

(j) 

(k) 

(l) 

“harmonised  standard”  means  a  standard  adopted  by  one  of  the  European 
standardisation  bodies  listed  in  Annex  I  to  Directive  98/34/EC  on  the  basis  of  a 
request  made  by  the  Commission  in  accordance  with  Article  6  of  Directive 
98/34/EC; 

"authorised representative" means any natural or legal person established within the 
Community who has received a written mandate  from  a  manufacturer  to  act  on  his 
behalf in relation to specified tasks; 

"CE marking” means a marking by which the manufacturer indicates that the product 
is 
in  Community 
harmonization legislation providing for its affixing; 

the  applicable  requirements  set  out 

in  conformity  with 

“conformity assessment” means the process demonstrating whether the requirements 
of the present Directive relating to an EEE, are met; 

“market surveillance” means the activities carried out and measures taken by public 
authorities  to  ensure  that  EEE  complies  with  the  requirements  set  out  in  this 
Directive  and  do  not  endanger  health,  safety  or  other  issues  of  public  interest 
protection ; 

"homogeneous  material"  means  a  material  of  uniform  composition  throughout  that 
can  not  be  mechanically  disjointed  into  different  materials,  meaning  that  the 
materials  can  not,  in  principle,  be  separated  by  mechanical  actions  such  as 
unscrewing, cutting, crushing, grinding and abrasive processes; 

(m) 

"medical device" means a medical device within the meaning of point (a) of Article 
1(2) of Directive 93/42/EC; 

(n) 

(o) 

(p) 

"in vitro diagnostic medical device" means in vitro diagnostic medical device within 
the meaning of point (b) of Article 1(2) of Directive 98/79/EC; 

"active  implantable  medical  device"  means  any  active  implantable  medical  device 
within the meaning of point (c) of Article 1(2) of Directive 90/385/EEC . 

"industrial  monitoring  and  control  instruments"  mean  monitoring  and  control 
instruments designed for exclusively industrial or professional use. 

(cid:208) 2002/95/EC (adapted) 
(cid:214) new 

Article 4 

Prevention 

1. Member States shall ensure that, from 1 July 2006, new electrical and electronic equipment 
⌦ EEE ⌫ (cid:214) including spare parts for its repair or its reuse placed  put on the market does 
not  contain  (cid:214) the  substances  listed  in  Annex  IV.   lead,  mercury,  cadmium,  hexavalent 
chromium,  polybrominated  biphenyls  (PBB)  or  polybrominated  diphenyl  ethers  (PBDE). 
National  measures  restricting  or  prohibiting  the  use  of  these  substances  in  electrical  and 

EN 

17 

   EN 

 
electronic  equipment  which  were  adopted  in  line  with  Community  legislation  before  the 
adoption of this Directive may be maintained until 1 July 2006. 

(cid:208) 2002/95/EC, Annex, pt 29 
(cid:214) new 

2. For the purposes of Article 5(1)(a) (cid:214) this Directive  , thea maximum concentration value 
(cid:214) by  weight  in  homogeneous  materials  as  specified  in  Annex  IV  shall  be  tolerated    of 
0,1 %  by  weight  in  homogeneous  materials  for  lead,  mercury,  hexavalent  chromium, 
polybrominated biphenyls (PBB) and polybrominated diphenyl ethers (PBDE) and of 0,01 % 
by weight in homogeneous materials for cadmium shall be tolerated. 

(cid:216) new 

3. Paragraph 1 shall apply to medical devices and monitoring and control instruments which 
are placed on the market from 1st January 2014, to in vitro medical devices which are placed 
on  the  market  from  1st  January  2016  and  to  industrial  monitoring  and  control  instruments 
which are placed on the market from 1st January 2017.  

4. Paragraph 1 shall not apply to spare parts for the repair or to the reuse of the following: 

(a) EEE placed on the market before 1 July 2006. 

(b) Medical devices placed on the market before 1st January 2014. 

(c) In vitro diagnostic medical devices placed on the market before 1st January 2016. 

(d) Monitoring and control instruments placed on the market before 1st January 2014. 

(e)  Industrial  monitoring  and  control  instruments  placed  on  the  market  before  1st  January 
2017. 

(f)  EEE  which  benefited  from  an  exemption  and  was  placed  on  the  market  before  that 
exemption expired. 

5.  Paragraph  1  shall  not  apply  to  active  implantable  medical  devices.  By  2020  the 
Commission shall review the exclusion of active implantable medical devices with a view to 
propose inclusion. 

(cid:208) 2002/95/EC (adapted) 
(cid:214) new 

26. Paragraph 1 shall not apply to the applications listed in the Annexes II (cid:214) V and VI . 

3. On the basis of a proposal from the Commission, the European Parliament and the Council 
shall decide, as soon as scientific evidence is available, and in accordance with the principles 
on chemicals policy as laid down in the Sixth Community Environment Action Programme, 
on  the  prohibition  of  other  hazardous  substances  and  the  substitution  thereof  by  more 
environment-friendly  alternatives  which  ensure  at  least  the  same  level  of  protection  for 
consumers. 

EN 

18 

   EN 

 
 
 
(cid:216) new 

7. When there is an unacceptable risk to human health or the environment, arising from the 
use  of  substances,  and  in  particular  the  substances  listed  in  Annex  III,  which  needs  to  be 
addressed on a Community-wide basis, the list of prohibited substances in Annex IV shall be 
reviewed using a methodology based on the process set out in Articles 69 to 72 of Regulation 
(EC)  No  1907/2006.  Those  measures  designed  to  amend  non  essential  elements  of  this 
Directive shall be adopted in accordance with the regulatory procedure with scrutiny referred 
to in Article 18(2)  

(cid:208) 2002/95/EC (adapted) 
(cid:214) new 

Article 5 

Adaptation ⌦ of the Annexes ⌫ to scientific and technical progress  

(cid:208) 2008/35/EC Art. 1.1(a) 
(adapted) 
(cid:214) new 

(cid:214) 1.  The  Commission  shall,  for  the  purposes  of  adapting  the  annexes  to  scientific  and 
technical progress, adopt the following measures:  

1.(a)  Aany ⌦ necessary ⌫ amendments which are necessary in order to adapt the Annex 
(cid:214) II   to  scientific  and  technical  progress  for  the  following  purposes  shall  be 
adopted:. 

(a) 

(b) 

establishing, as necessary, maximum concentration values up to which the presence 
of the substances referred to in Article 4(1) in specific materials and components of 
electrical and electronic equipment shall be tolerated; 

exempting  (cid:214) Include   materials  and  components  of  of  electrical  and  electronic 
equipment ⌦ EEE ⌫ from Article 4(1) (cid:214) in Annexes V and VI where either of the 
following conditions is fulfilled:  

– 

their  elimination  or  substitution  via  design  changes  or  materials  and 
components which do not require any of the materials or substances referred to 
in Article 4(1) is ⌦ scientifically or technically ⌫ impracticable; 

–  (cid:214) the availability and reliability of substitutes is not ensured, 

– 

the  negative  environmental  health  consumer  safety  (cid:214) or  socio-economic  
impacts caused by substitution are likely to outweigh the environmental, health 
or consumer safety (cid:214) and/or socio-economic  benefits thereof; 

(c) 

carrying  out  a  review  of  each  exemption  in  the  Annex  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 from the Annex if 
their  elimination  or  substitution  via  design  changes  or  materials  and  components 

EN 

19 

   EN 

 
 
 
which do not require any of the materials or substances referred 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. 

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). 

(cid:208) 2008/35/EC Art. 1.1(b) 

(cid:216) new 

(c) delete materials and components of EEE from Annexes V and VI where the conditions set 
out in point (b) are no longer fulfilled. 

Those measures designed to amend non essential elements of this directive shall be adopted in 
accordance with the regulatory procedure with scrutiny referred to in Article 18(2). 

2. Measures adopted in accordance with point b of paragraph 1 shall have a maximum validity 
period of four years and may be renewed. The Commission shall decide in due time on any 
application for renewal that is submitted no later than 18 months before an exemption expires. 

(cid:208) 2002/95/EC (adapted) 
(cid:214) new 

32. Before the Annex is (cid:214) Annexes are  amended pursuant to paragraph 1, the Commission 
shall inter alia consult producers of electrical and electronic equipment, recyclers, treatment 
operators, environmental organisations and employee and consumer associations.. Comments 
shall  be  forwarded  to  the  Committee  referred  to  in  Article  7(1).  The  Commission  shall 
provide an account of the information it receives. 

(cid:214) 4. As long as materials or components are included in Annexes V and VI to this Directive, 
on  the  basis  of  Article  5(1)(b)  of  this  Directive,  those  applications  shall  also  be  considered 
exempted from the authorisation requirements set out in Article 58(2) of the regulation (EC) 
No 1907/2006.  

(cid:216) new 

Article 6 
Implementing measures 

The Commission shall adopt detailed rules for: 

– 

applications for the exemption including a format and types of information to 
be  provided  when  introducing  those  applications,  including  analysis  of  the 
alternatives  and,  if  suitable  alternatives  are  available,  substitution  plans  as 
referred to in Regulation (EC) 1907/2006. 

– 

Complying with the maximum concentration values of Article (4) (2)  

EN 

20 

   EN 

 
 
 
 
– 

The  implementation  of  Article  5(2),  taking  into  account  the  need  for  legal 
certainty  for  economic  operators  pending  a  Commission  Decision  on  renewal 
of exemptions.  

Those measures designed to amend non essential elements of this directive shall be adopted in 
accordance with the regulatory procedure with scrutiny referred to in Article 18(2) 

(cid:208) 2002/95/EC 

Article 6 

Review 

Before  13  February  2005,  the  Commission  shall  review  the  measures  provided  for  in  this 
Directive to take into account, as necessary, new scientific evidence. 

In particular the Commission shall, by that date, present proposals for including in the scope 
of  this  Directive  equipment  which  falls  under  categories  8  and  9  set  out  in  Annex  IA  to 
Directive 2002/96/EC (WEEE). 

The Commission shall also study the need to adapt the list of substances of Article 4(1), on 
the  basis  of  scientific  facts  and  taking  the  precautionary  principle  into  account,  and  present 
proposals to the European Parliament and Council for such adaptations, if appropriate. 

Particular attention shall be paid during the review to the impact on the environment and on 
human  health  of  other  hazardous  substances  and  materials  used  in  electrical  and  electronic 
equipment.  The  Commission  shall  examine  the  feasibility  of  replacing  such  substances  and 
materials and shall present proposals to the European Parliament and to the Council in order 
to extend the scope of Article 4, as appropriate. 

(cid:216) new 

Article 7 

Obligations of manufacturers 

1. When placing their products on the market, manufacturers shall ensure that they have been 
designed and manufactured in accordance with the requirements set out in Article 4. 

2.  Manufacturers  shall  draw  up  the  required  technical  documentation  and  carry  out  the 
internal  production  control  procedure  set  out  in  module  A  of  Annex  II  to  Decision  No 
768/2008/EC or have it carried out.  

Where compliance of an EEE with the applicable requirements has been demonstrated by that 
procedure,  manufacturers  shall  draw  up  an  EC  declaration  of  conformity  and  affix  the  CE 
marking. 

3.  Manufacturers  shall  keep  the  technical  documentation  and  the  EC  declaration  of 
conformity for ten years after the EEE has been placed on the market. 

EN 

21 

   EN 

 
 
4. Manufacturers shall ensure that procedures are in place for series production to remain in 
conformity.  Changes  in  product  design  or  characteristics  and  changes  in  the  harmonised 
standards  or  in  technical  specifications  by  reference  to  which  conformity  of  an  EEE  is 
declared shall be adequately taken into account. 

5. When deemed appropriate with regard to the risks presented by a product, manufacturers 
shall, to protect the health and safety of consumers, carry out sample testing of marketed EEE, 
investigate,  and,  if  necessary,  keep  a  register  of  complaints,  of  non-conforming  EEE  and 
product recalls, and shall keep distributors informed of any such monitoring. 

6.  Manufacturers  shall  ensure  that  their  EEE  bear  a  type,  batch  or  serial  number  or  other 
element allowing their identification, or, where the size or nature of the EEE does not allow it, 
that  the  required  information  is  provided  on  the  packaging  or  in  a  document  accompanying 
the EEE. 

7. Manufacturers shall indicate their name, registered trade name or registered trade mark and 
the address at which they can be contacted on the EEE or, where that is not possible, on its 
packaging or in a document accompanying the EEE. The address must indicate a single point 
at which the manufacturer can be contacted. 

8. Manufacturers who consider or have reason to believe that a EEE which they have placed 
on the market is not in conformity with the applicable Community harmonisation legislation 
shall immediately take the necessary corrective measures to bring that EEE into conformity, 
to  withdraw  it  or  recall  it,  if  appropriate.  Furthermore,  where  the  EEE  presents  a  risk, 
manufacturers  shall  immediately  inform  the  competent  national  authorities  of  the  Member 
States in which they made the EEE available to that effect, giving details, in particular, of the 
non-compliance and of any corrective measures taken. 

9.  Manufacturers  shall,  further  to  a  reasoned  request  from  a  competent  national  authority, 
provide  it  with  all  the  information  and  documentation  necessary  to  demonstrate  the 
conformity of the EEE, in a language which can be easily understood by that authority. They 
shall  cooperate  with  that  authority,  at  its  request,  on  any  action  taken  to  eliminate  the  risks 
posed by EEE which they have placed on the market. 

Article 8 
Authorised representatives 

1. A manufacturer may, by a written mandate, appoint an authorised representative. 

The obligations laid down in Article 7(1) and the drawing up of technical documentation shall 
not form part of the authorised representative's mandate. 

2. An authorised representative shall perform the tasks specified in the mandate received from 
the  manufacturer.  The  mandate  shall  allow  the  authorised  representative  to  do  at  least  the 
following: 

(a)  keep  the  EC  declaration  of  conformity  and  the  technical  documentation  at  the 
disposal of national surveillance authorities for ten years ; 

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(b)  further  to  a  reasoned  request  from  a  competent  national  authority,  provide  that 
authority  with  all  the  information  and  documentation  necessary  to  demonstrate  the 
conformity of an EEE ; 

(c)  cooperate  with  the  competent  national  authorities,  at  their  request,  on  any  action 

taken to eliminate the risks posed by EEE covered by their mandate. 

Article 9 

Obligations of importers 

1. Importers shall place only compliant products on the Community market. 

2. Before placing an EEE on the market importers shall ensure that the appropriate conformity 
assessment  procedure  has  been  carried  out  by  the  manufacturer.  They  shall  ensure  that  the 
manufacturer has drawn up the technical documentation, that the EEE bears the CE marking 
and is accompanied by the required documents, and that the manufacturer has complied with 
the requirements set out in Article7(5) and (6) . 

Where an importer considers or has reason to believe that an EEE is not in conformity with 
Article 4, he shall not place the EEE on the market until it has been brought into conformity. 
Furthermore, where the EEE presents a risk, the importer shall inform the manufacturer and 
the market surveillance authorities to that effect. 

3. Importers shall indicate their name, registered trade name or registered trade mark and the 
address  at  which  they  can  be  contacted  on  the  EEE  or,  where  that  is  not  possible,  on  its 
packaging or in a document accompanying the EEE. 

4. Importers shall ensure that, while an EEE is under their responsibility, storage or transport 
conditions do not jeopardise its compliance with the requirements set out in Article 4. 

5. When deemed appropriate with regard to the risks presented by an EEE, importers shall, to 
protect  the  health  and  safety  of  consumers,  carry  out  sample  testing  of  marketed  EEE, 
investigate, and, if necessary, keep a register of complaints, of non-conforming EEE and EEE 
recalls, and shall keep distributors informed of such monitoring. 

6. Importers who consider or have reason to believe that an EEE which they have placed on 
the  market  is  not  in  conformity  with  this  Directive  shall  immediately  take  the  corrective 
measures  necessary  to  bring  that  EEE  into  conformity,  to  withdraw  it  or  recall  it,  if 
appropriate. Furthermore, where the EEE presents a risk, importers shall immediately inform 
the  competent  national  authorities  of  the  Member  States  in  which  they  made  the  EEE 
available  to  that  effect,  giving  details,  in  particular,  of  the  non-compliance  and  of  any 
corrective measures taken. 

7.  Importers  shall,  for  ten  years,  keep  a  copy  of  the  EC  declaration  of  conformity  at  the 
disposal  of  the  market  surveillance  authorities  and  ensure  that  the  technical  documentation 
can be made available to those authorities, upon request. 

8. Importers shall, further to a reasoned request from a competent national authority, provide 
it with all the information and documentation necessary to demonstrate the conformity of an 
EEE  in  a  language  which  can  be  easily  understood  by  that  authority.  They  shall  cooperate 

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with  that  authority,  at  its  request,  on  any  action  taken  to  eliminate  the  risks  posed  by  EEE 
which they have placed on the market. 

Article 10 
Obligations of distributors 

1.  When  making  an  EEE  available  on  the  market  distributors  shall  act  with  due  care  in 
relation to the requirements applicable. 

2. Before making an EEE available on the market distributors shall verify that the EEE bears 
the CE marking, that it is accompanied by the required documents in a language which can be 
easily understood by consumers and other end-users in the Member State in which the EEE is 
to be made available on the market, and that the manufacturer and the importer have complied 
with the requirements set out in Article 7(5) and (6) and Article 9(3). 

Where a distributor considers or has reason to believe that an EEE is not in conformity with 
Article  4,  he  shall  not  make  the  EEE  available  on  the  market  until  it  has  been  brought  into 
conformity.  Furthermore,  where  the  EEE  presents  a  risk,  the  distributor  shall  inform  the 
manufacturer or the importer to that effect as well as the market surveillance authorities. 

3.  Distributors  shall  ensure  that,  while  an  EEE  is  under  their  responsibility,  storage  or 
transport conditions do not jeopardise its compliance with the requirements set out in Article 
4. 

4.  Distributors  who  consider  or  have  reason  to  believe  that  an  EEE  which  they  have  made 
available  on  the  market  is  not  in  conformity  with  this  Directive  shall  make  sure  that  the 
corrective measures necessary to bring that EEE into conformity, to withdraw it or recall it, if 
appropriate,  are  taken.  Furthermore,  where  the  EEE  presents  a  risk,  distributors  shall 
immediately  inform  the  competent  national  authorities  of  the  Member  States  in  which  they 
made the EEE available to that effect, giving details, in particular, of the non-compliance and 
of any corrective measures taken. 

5.  Distributors  shall,  further  to  a  reasoned  request  from  a  competent  national  authority, 
provide  it  with  all  the  information  and  documentation  necessary  to  demonstrate  the 
conformity of an EEE. They shall cooperate with that authority, at its request, on any action 
taken to eliminate the risks posed by EEE which they have made available on the market. 

Article 11 

Cases in which obligations of manufacturers apply to importers and distributors 

An  importer  or  distributor  shall  be  considered  a  manufacturer  for  the  purposes  of  this 
Directive and he shall be subject to the obligations of the manufacturer under Article 7, where 
he  places  an  EEE  on  the  market  under  his  name  or  trademark  or  modifies  an  EEE  already 
placed on the market in such a way that compliance with the applicable requirements may be 
affected. 

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Article 12 

Identification of economic operators 

Economic  operators  shall,  on  request,  identify  the  following  to  the  market  surveillance 
authorities, for ten years: 

(a) any economic operator who has supplied them with an EEE; 

(b) any economic operator to whom they have supplied an EEE. 

Article 13 

EC declaration of conformity 

1. The EC declaration of conformity shall state that the fulfilment of requirements specified in 
Article 4 has been demonstrated. 

2.  The  EC  declaration  of  conformity  shall  have  the  model  structure  and  shall  contain  the 
elements specified in Annex VII and shall be updated.  

3.  By  drawing  up  the  EC  declaration  of  conformity,  the  manufacturer  shall  assume 
responsibility for the compliance of the EEE. 

Article 14 

General principles of the CE marking 

The CE marking shall be subject to the general principles set out in Article 30 of Regulation 
(EC) No 765/2008. 

Article 15 

Rules and conditions for affixing the CE marking 

1.  The  CE  marking  shall  be  affixed  visibly,  legibly  and  indelibly  to  the  EEE  or  to  its  data 
plate. Where that is not possible or not warranted on account of the nature of the EEE, it shall 
be  affixed  to  the  packaging  and  to  the  accompanying  documents,  where  the  legislation 
concerned provides for such documents. 

2.  The  CE  marking  shall  be  affixed  before  the  EEE  is  placed  on  the  market.  It  may  be 
followed by a pictogram or any other mark indicating a special risk or use. 

3. The CE marking shall be followed by the identification number of the notified body, where 
that body is involved in the production control phase. 

The identification number of the notified body shall be affixed by the body itself or, under its 
instructions, by the manufacturer or his authorised representative. 

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4. Member States shall build upon existing mechanisms  to  ensure correct application  of the 
regime governing the CE marking and take appropriate action in the event of improper use of 
the  marking.  Member  States  shall  also  provide  for  penalties  for  infringements,  which  may 
include criminal sanctions for serious infringements. Those penalties shall be proportionate to 
the seriousness of the offence and constitute an effective deterrent against improper use. 

Article 16 

Presumption of conformity 

Member States shall presume electrical and electronic equipment bearing the CE marking as 
conforming to this Directive. 

Electrical and electronic equipment on which tests and measurements have been performed in 
accordance  with  harmonised  standards,  the  references  of  which  have  been  published  in  the 
Official  Journal  of  the  European  Union,  shall  be  presumed  to  comply  with  all  the  relevant 
requirements of this Directive to which such standards relate. 

(cid:216) new 

Article 17 

Market surveillance and controls of EEE entering the Community market  

Member  States  shall  carry  out  market  surveillance,  in  accordance  with  Articles  15  –  29  of 
Regulation (EC) No 765/2008. 

(cid:208) 2008/35/EC Art. 1.2 (adapted) 

Article 187 

Committee 

1.  The  Commission  shall  be  assisted  by  the  Committee  set  up  by  Article  18  of  European 
Parliament and Council Directive 75/442/EEC of 15 July 1975 on waste ⌦ 2006/12/EC of 5 
April 2006 ⌫ 26 . 

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. 

26 

OJ L ⌦ 114, 27.4.2006, p. 9 ⌫.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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(cid:208) 2002/95/EC (adapted) 

Article 198 

Penalties 

Member  States  shall  determine  penalties  applicable  to  breaches  of  the  national  provisions 
adopted  pursuant  to  this  Directive.  The  penalties  thus  provided  for  shall  be  effective, 
proportionate and dissuasive. 

⌦ The  Member  States  shall  lay  down  the  rules  on  penalties  applicable  to  infringements  of 
the  national  provisions  adopted  pursuant  to  this  Directive  and  shall  take  all  measures 
necessary to ensure that they are implemented. The penalties provided for must be effective, 
proportionate  and  dissuasive.  The  Member  States  shall  notify  those  provisions  to  the 
Commission by the date specified in Article 12 at the latest and shall notify it without delay of 
any subsequent amendment affecting them. ⌫ 

Article 209 

Transposition 

1.  Member  States  shall  bring  into  force  the  laws,  regulations  and  administrative  provisions 
necessary  to  comply  with  this  Directive  before  13  August  2004.  They  shall  immediately 
inform the Commission thereof. 

(cid:208) . 

1.  Member  States  shall  adopt  and  publish,  by  at  the  latest  [18  month  after  this  Directive's 
publication  in  the  Official  Journal  of  the  European  Union],  the  laws,  regulations  and 
administrative  provisions  necessary  to  comply  with  this  Directive.  They  shall  forthwith 
communicate to the Commission the text of those provisions and a correlation table between 
those provisions and this Directive. 

They shall apply those provisions from […]. 

(cid:208) 2002/95/EC (adapted) 

When Member States adopt those measures ⌦ provisions ⌫, they shall contain a reference 
to  this  Directive  or  be  accompanied  by  such  a  reference  on  the  occasion  of  their  official 
publication.  The  methods  of  making  such  a  reference  shall  be  laid  down  by  the  Member 
States ⌦ Member States shall determine how such reference is to be made ⌫. 

2.  Member  States  shall  communicate  to  the  Commission  all  laws,  regulations  and 
administrative  provisions  adopted ⌦ the  text  of  the  main  provisions  of  national  law  which 
they adopt ⌫ in the field covered by this Directive. 

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(cid:208) . 

Article21 

Repeal 

Directive  2002/95/EC  as  amended  by  the  acts  listed  in  Annex  VIII  Part  A  is  repealed  with 
effect from the day after the date mentioned in the first subparagraph of Article 20(1) without 
prejudice to the obligations of the Member States relating to the time limits for transposition, 
into national law and application of the Directive set out in Annex VIII, Part B. 

References to the repealed acts shall be construed as references to this Directive and shall be 
read in accordance with the correlation table in Annex IX.. 

(cid:208) 2002/95/EC (adapted) 
(cid:214) new 

Article 2210 

Entry into force 

This  Directive  shall  enter  into  force  on  the  ⌦ 20th ⌫  day  ⌦ following  that ⌫  of  its 
publication in the Official Journal of the European Union. 

Article 2311 

Addressees 

This Directive is addressed to the Member States. 

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(cid:216) new 

ANNEX I 

Categories of electrical and electronic equipment covered by this Directive 

1. Large household appliances 

2. Small household appliances 

3. IT and telecommunications equipment 

4. Consumer equipment 

5. Lighting equipment 

6. Electrical and electronic tools (with the exception of large-scale stationary industrial tools) 
7. Toys, leisure and sports equipment 

8. Medical devices. 

9. Monitoring and control instruments including industrial monitoring and control instruments 

10. Automatic dispensers 

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ANNEX II 

Binding list of products which fall under the Categories listed in Annex I: 

1. Large household appliances, including 

Washing machines 

Clothes dryers 

Dish washing machines 

Large household appliances used for refrigeration, conservation and storage of food, such as:  

Large cooling appliances, Refrigerators, Freezers 

Large household appliances used for cooking and other processing of food, such as: 

Cooking, Electric stoves, Electric hot plates,  

Microwaves 

Large appliances for heating rooms, beds, seating furniture, such as:  

Electric heating appliances, Electric radiators,  

Fanning, exhaust ventilation and conditioning equipment such as: 

Electric fans 

Air conditioner appliances 

2. Small household appliances, including 

Appliances for cleaning, such as vacuum cleaners, carpet sweepers 

Appliances used for sewing, knitting, weaving and other processing for textiles 

Irons and other appliances for ironing, mangling and other care of clothing 

Toasters 

Fryers 

Grinders, coffee machines and equipment for opening or sealing containers or packages 

Electric knives 

Appliances for hair-cutting, hair drying, tooth brushing, shaving, massage and other body care 
appliances 

Clocks, watches and equipment for the purpose of measuring, indicating or registering time 

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Scales 

3. IT and telecommunications equipment, including 

for 

information  by  electronic  means, 

the  collection,  storage,  processing,  presentation  or 
Products  and  equipment 
such  as:  centralised  data 
communication  of 
processing(Mainframes,  Minicomputers,  Printer  units)  and  personal  computing  (Personal 
computers  (CPU,  mouse,  screen  and  keyboard  included),  Laptop  computers  (CPU,  mouse, 
screen and keyboard included), Notebook computers, Notepad computers, Printers, Copying 
equipment, Electrical and electronic typewriters, Pocket and desk calculators) 

Products  or  equipment  of 
information  by 
telecommunications, such as User terminals and systems, Facsimile, Telex, Telephones, Pay 
telephones, Cordless telephones, cellular telephones, Answering systems 

transmitting  sound, 

images  or  other 

4.  Consumer  equipment,  including  products  or  equipment  for  the  purpose  of  recording  or 
reproducing  sound  or  images,  including  signals  or  other  technologies  for  the  distribution  of 
sound  and  image  than  by  telecommunications,  such  as  Radio  sets,  Television  sets, 
Videocameras,  Video  recorders,  Hi-fi  recorders,  Audio  amplifiers,  Musical  instruments 
(excluding pipe organs installed in churches) 

5. Lighting equipment, including  

lighting or equipment for the purpose of spreading or controlling light, such as Luminaires for 
fluorescent  lamps,  Straight  fluorescent  lamps,  Compact  fluorescent  lamps,  High  intensity 
discharge  lamps,  including  pressure  sodium  lamps  and  metal  halide  lamps,  Low  pressure 
sodium lamps 

6. Electrical and electronic tools (with the exception of large-scale stationary industrial tools), 
including  

Drills 

Saws 

Sewing machines 

Equipment for turning, milling, sanding, grinding, sawing, cutting, shearing, drilling, making 
holes, punching, folding, bending or similar processing of wood, metal and other materials 

Tools for riveting, nailing or screwing or removing rivets, nails, screws or similar uses 

Tools for welding, soldering or similar use 

Equipment  for  spraying,  spreading,  dispersing  or  other  treatment  of  liquid  or  gaseous 
substances by other means 

Tools for mowing or other gardening activities 

7. Toys, leisure and sports equipment, including 

Electric trains or car racing sets 

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Hand-held video game consoles 

Video games 

Computers for biking, diving, running, rowing, etc. 

Sports equipment with electric or electronic components 

Coin slot machines 

8. Medical devices (MD):  

– Electrical equipment within the scope of Directive 93/42/EEC 

– Electrical equipment within the scope of Directive 98/79/EC 

9. Monitoring and control instruments, including  

Smoke detector 

Heating regulators 

Thermostats 

Measuring, weighing or adjusting appliances for household or as laboratory equipment 

Industrial monitoring and control instruments 

10.  Automatic  dispensers,  including  all  appliances  which  deliver  automatically  all  kind  of 
products,  such  as  automatic  dispensers  for  hot  drinks,  automatic  dispensers  for  hot  or  cold 
bottles or cans, automatic dispensers for solid products, automatic dispensers for money 

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ANNEX III: Substances referred to in Article 4(7) 

1. Hexabromocyclododecane (HBCDD) 
2. Bis (2-ethylhexyl) phthalate (DEHP)  
3. Butyl benzyl phthalate (BBP) 

4. Dibutylphthalate (DBP) 

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ANNEX IV 
Prohibited substances referred to in Article 4(7) and maximum concentration values 
tolerated by weight in homogeneous materials 

Lead (0,1%) 

Mercury (0,1%) 

Cadmium (0,01%) 

Hexavalent chromium (0,1%) 

Polybrominated biphenyls (PBB) (0,1%) 

Polybrominated diphenyl ethers(PBDE) (0,1%) 

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(cid:208) 2005/717/EC Art. unique and 
Annex .1 (adapted) 

ANNEX VII 

Applications ⌦ exempted from the ban in Article 4(1) ⌫ of lead, mercury, cadmium, 
hexavalent chromium, polybrominated biphenyls (PBB) or polybrominated diphenyl 
ethers (PBDE) which are exempted from the requirements of Article 4(1) 

1. Mercury in compact fluorescent lamps not exceeding 5 mg per lamp. 

2. Mercury in straight fluorescent lamps for general purposes not exceeding: 

(cid:208) 2002/95/EC 

— halophosphate 

— triphosphate with normal 
lifetime 

10 mg 

5 mg 

— triphosphate with long lifetime 

8 mg. 

3. Mercury in straight fluorescent lamps for special purposes. 

4. Mercury in other lamps not specifically mentioned in this Annex. 

5. Lead in glass of cathode ray tubes, electronic components and fluorescent tubes. 

6.  Lead  as  an  alloying  element  in  steel  containing  up  to  0,35 %  lead  by  weight,  aluminium 
containing  up  to  0,4 %  lead  by  weight  and  as  a  copper  alloy  containing  up  to  4 %  lead  by 
weight. 

(cid:208) 2005/747/EC Art. 1 and Annex 
.1 

– 

– 

– 

-Lead  in  high  melting  temperature  type  solders  (i.e.  lead-based  alloys 

7. 
containing 85 % by weight or more lead), 

-lead in solders for servers, storage and storage array systems, network infrastructure 
equipment for switching, signalling, transmission as well as network management for 
telecommunications, 

-lead in electronic ceramic parts (e.g. piezoelectronic devices). 

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(cid:208) 2005/747/EC Art. 1 and Annex 
.2 

8.  Cadmium  and  its  compounds  in  electrical  contacts  and  cadmium  plating  except  for 
applications banned under Directive 91/338/EEC27 amending Directive 76/769/EEC28 relating 
to restrictions on the marketing and use of certain dangerous substances and preparations. 

9. Hexavalent chromium as an anti-corrosion of the carbon steel cooling system in absorption 
refrigerators. 

(cid:208) 2002/95/EC 

9a. DecaBDE in polymeric applications. 

109b. Lead in lead-bronze bearing shells and bushes. 

(cid:208) 2005/717/EC Art. unique and 
Annex .2, Judgement of the ECJ 
(in joined cases C-14/06 and C-
295/06) (adapted) 

(cid:208) 2005/717/EC Art. unique and 
Annex .3 

(cid:208) 2002/95/EC (adapted) 

10.  Within  the  procedure  referred  to  in  Article  7(2),  the  Commission  shall  evaluate  the 
applications for: 

– 

– 

– 

Deca BDE, 

mercury in straight fluorescent lamps for special purposes, 

lead in solders for servers, storage and storage array systems, network infrastructure 
equipment for switching, signalling, transmission as well as network management for 
telecommunications (with a view to setting a specific time limit for this exemption), 
and 

– 

light bulbs, 

as a matter of priority in order to establish as soon as possible whether these items are to be 
amended accordingly. 

27 
28 

OJ L 186, 12.7.1991, p. 59. 
OJ L 262, 27.9.1976, p. 201. 

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(cid:208) 2005/747/EC Art. 1 and Annex 
.3 

11. Lead used in compliant pin connector systems. 

12. Lead as a coating material for the thermal conduction module c-ring. 

13. Lead and cadmium in optical and filter glass. 

14. Lead in solders consisting of more than two elements for the connection between the pins 
and the package of microprocessors with a lead content of more than 80 % and less than 85 % 
by weight. 

15. Lead in solders to complete a viable electrical connection between semiconductor die and 
carrier within integrated circuit Flip Chip packages. 

(cid:208) 2006/310/EC Art. 1 and Annex  

16. Lead in linear incandescent lamps with silicate coated tubes. 

17.  Lead  halide  as  radiant  agent  in  High  Intensity  Discharge  (HID)  lamps  used  for 
professional reprography applications. 

18.  Lead  as  activator  in  the  fluorescent  powder  (1 %  lead  by  weight  or  less)  of  discharge 
lamps  when  used  as  sun  tanning  lamps  containing  phosphors  such  as  BSP  (BaSi2O5:Pb)  as 
well  as  when  used  as  speciality  lamps  for  diazo-printing  reprography,  lithography,  insect 
traps,  photochemical  and  curing  processes  containing  phosphors  such  as  SMS 
((Sr,Ba)2MgSi2O7:Pb). 

19. Lead with PbBiSn-Hg and PbInSn-Hg in specific compositions as main amalgam and with 
PbSn-Hg as auxiliary amalgam in very compact Energy Saving Lamps (ESL). 

20.  Lead  oxide  in  glass  used  for  bonding  front  and  rear  substrates  of  flat  fluorescent  lamps 
used for Liquid Crystal Displays (LCD). 

(cid:208) 2006/691/EC Art. 1 and Annex  

21. Lead and cadmium in printing inks for the application of enamels on borosilicate glass. 

22.  Lead  as  impurity  in  RIG  (rare  earth  iron  garnet)  Faraday  rotators  used  for  fibre  optic 
communications systems. 

23. Lead in finishes of fine pitch components other than connectors with a pitch of 0.65 mm 
or  less  with  NiFe  lead  frames  and  lead  in  finishes  of  fine  pitch  components  other  than 
connectors with a pitch of 0.65 mm or less with copper lead frames. 

24.  Lead  in  solders  for  the  soldering  to  machined  through  hole  discoidal  and  planar  array 
ceramic multilayer capacitors. 

25.  Lead  oxide  in  plasma  display  panels  (PDP)  and  surface  conduction  electron  emitter 
displays (SED) used in structural elements; notably in the front and rear glass dielectric layer, 

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the bus electrode, the black stripe, the address electrode, the barrier ribs, the seal frit and frit 
ring as well as in print pastes. 

26. Lead oxide in the glass envelope of Black Light Blue (BLB) lamps. 

27.  Lead  alloys  as  solder  for  transducers  used  in  high-powered  (designated  to  operate  for 
several hours at acoustic power levels of 125 dB SPL and above) loudspeakers. 

28. Hexavalent chromium in corrosion preventive coatings of unpainted metal sheetings and 
fasteners  used  for  corrosion  protection  and  Electromagnetic  Interference  Shielding  in 
equipment falling under category three of Directive 2002/96/EC (IT and telecommunications 
equipment). Exemption granted until 1 July 2007. 

(cid:208) 2006/692/EC Art. 1 (adapted) 

29. Lead bound in crystal glass as defined in Annex I (Categories 1, 2, 3 and 4) of Council 
Directive 69/493/EEC29. 

(cid:208) 2006/690/EC Art. 1 

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

(cid:208) 2005/618/EC Art. 1 (adapted) 

(cid:208) 2008/385/EC Art. 1 and Annex  

30.  Cadmium  alloys  as  electrical/mechanical  solder  joints  to  electrical  conductors  located 
directly  on  the  voice  coil  in  transducers  used  in  high-powered  loudspeakers  with  sound 
pressure levels of 100 dB (A) and more. 

31. Lead in soldering materials in mercury free flat fluorescent lamps (which e.g. are used for 
liquid crystal displays, design or industrial lighting). 

32. Lead oxide in seal frit used for making window assemblies for Argon and Krypton laser 
tubes. 

29 

OJ L 326, 29.12.1969, p. 36. Directive as last amended by 2003 Act of Accession. 

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(cid:216) new 

ANNEX VI  

Applications exempted from the ban in Article 4(1) as regards Categories 8 and 9  

Equipment utilising or detecting ionising radiation 

1 

2 

Lead, cadmium and mercury in detectors for ionising radiation 

Lead bearings in X-ray tubes  

Lead  in  electromagnetic  radiation  amplification  devices:  micro-channel  plate  and 

3 
capillary plate  

4 
Lead in glass frit of X-ray tubes and image intensifiers and lead in glass frit binder for 
assembly  of  gas  lasers  and  for  vacuum  tubes  that  convert  electromagnetic  radiation  into 
electrons 

5 

6 

7 

8 

1a 

1b 

1c 

Lead in shielding for ionising radiation 

Lead in X-ray test objects. 

Lead stearate X-ray diffraction crystals 

Radioactive cadmium isotope source for portable X-ray fluorescence spectrometers 

Sensors, detectors and electrodes (plus item 1) 

Lead and cadmium in ion selective electrodes including glass of pH electrodes 

Lead anodes in electrochemical oxygen sensors 

Lead, cadmium and mercury in infra-red light detectors 

1d  Mercury in reference electrodes: low chloride mercury chloride, mercury sulphate and 
mercury oxide  

Others 

Cadmium in helium-cadmium lasers  

Lead and cadmium in atomic adsorption spectroscopy lamps 

Lead in alloys as a superconductor and thermal conductor in MRI  

9 

10 

11 

Lead and cadmium in metallic bonds to superconducting materials in MRI and SQUID 

12 
detectors 

13 

14 

EN 

Lead in counterweights 

Lead in single crystal piezoelectric materials for ultrasonic transducers 

39 

   EN 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
15 

Lead in solders for bonding to ultrasonic transducers 

16  Mercury in very high accuracy capacitance and loss measurement bridges and in high 
frequency RF switches and relays in monitoring and control instruments not exceeding 20 mg 
of mercury per switch or relay 

17 

Lead in solders in portable emergency defibrillators 

Lead in solders of high performance infrared imaging modules to detect in the range 8 

18 
– 14 µm 

19 

20 

Lead in Liquid crystal on silicon (LCoS) displays 

Cadmium in X-ray measurement filters 

EN 

40 

   EN 

 
 
 
 
 
ANNEX VII 

EC DECLARATION OF CONFORMITY 

1. No … (unique identification of the EEE): 

2. Name and address of the manufacturer or his authorised representative: 

3. This declaration of conformity is issued under the sole responsibility of the manufacturer 
(or installer): 

4.  Object  of  the  declaration  (identification  of  EEE  allowing  traceability.  It  may  include  a 
photograph, where appropriate): 

5.  The  object  of  the  declaration  described  above  is  in  conformity  with  Directive…on  the 
restriction of the use of certain hazardous substances in electrical and electronic equipment 

6. Where applicable, references to the relevant harmonised standards used or references to the 
specifications in relation to which conformity is declared: 

7.  Where  applicable,  the  notified  body  ...  (name,  number)  …  performed  …  (description  of 
intervention) … and issued the certificate: … 

8. Additional information: 

Signed for and on behalf of: ………………………………… 

(place and date of issue): 

(name, function) (signature): 

EN 

41 

   EN 

(cid:215) 

ANNEX VIII 

Part A 

Repealed Directive with its successive amendments 

(referred to in Article 12) 

Directive 2002/95/EC of the European Parliament 
and of the Council  

(OJ L 37, 13.2.2003, p. 19) 

Commission Decision 2005/618/EC 

(OJ L 214, 19.8.2005, p. 65) 

Commission Decision 2005/717/EC  

(OJ L 271, 15.10.2005, p. 219) 

Commission Decision 2005/747/EC 

(OJ L 280, 25.10.2005, p. 18) 

Commission Decision 2006/310/EC 

(OJ L 115, 28.4.2006, p. 38) 

Commission Decision 2006/690/EC  

(OJ L 283, 14.10.2006, p. 47) 

Commission Decision 2006/691/EC  

(OJ L 283, 14.10.2006, p. 48) 

Commission Decision 2006/692/EC  

(OJ L 283, 14.10.2006, p. 50) 

Directive 2008/35/EC of the European 
Parliament and of the Council 

(OJ L 81, 20.3.2008, p. 67) 

Commission Decision 2008/385/EC 

(OJ L 136, 24.5.2008, p. 9) 

Part B 

List of time-limits for transposition into national law 

(referred to in Article 13) 

Directive 

Deadline for transposition 

2002/95/EC 

2008/35/EC 

12 August 2004 

- 

EN 

42 

   EN 

 
 
ANNEX IX 

Correlation table  

Directive 2002/95/EC 

This Directive 

Article 1 

Article 2(1) 

Article 2(2) 

Article 2(3) 

- 

Article 3(a) 

Article 3(b) 

- 

Article 4(1) 

- 

Article 4(2) 

Article 4(3) 

- 

- 

Article 1 

Article 2(1) 

Article 2(2) 

Article 2(3), introductory wording 

Article 2(3)(a) and (b) 

Article 3(a) 

- 

Article 3(b)-(o) 

Article 4(1) 

Article 4(3)-(6) 

Article 4(7) 

- 

Article 4(8) 

Article 5(1), introductory wording 

Article  5(1),  first  subparagraph,  introductory 
wording 

Article 5(1)(a) 

Article 5(1), first subparagraph, (a) 

- 

Article 5(1), first subparagraph, (b) 

Article 5(1)(b), introductory wording and first 
and third indents 

- 

Article 5(1)(b), second indent 

Article 5(1), first subparagraph, (c) 

Article 5(1), second subparagraph 

- 

- 

Article 5(2) 

- 

EN 

Article 5(2) 

Article 5(3) 

43 

   EN 

Article 6 

- 

Article 7 

Article 8 

Article 9 

- 

Article 10 

Article 11 

- 

- 

Article 6-17 

Article 18 

Article 19 

Article 20 

Article 21 

Article 22 

Article 23 

Annex I- IV 

Annex, points 1-28 

Annex V, points 1-28 

Annex, point 29, first subparagraph 

Annex V, point 29, first subparagraph 

Annex, point 29, second subparagraph 

Article 4(2) 

Annex, points 30-32 

Annex, points 30-32 

- 

Annex VI-IX 

EN 

44 

   EN 

 
LEGISLATIVE FINANCIAL STATEMENT FOR PROPOSALS HAVING A 
BUDGETARY IMPACT EXCLUSIVELY LIMITED TO THE REVENUE SIDE 

1. 

NAME OF THE PROPOSAL: 

Directive  on  the  restriction  of  the  use  of  certain  hazardous  substances  in  electrical 
and electronic equipment repealing Directive 2002/95/EC 

2. 

BUDGET LINES: 

Chapter and Article: 

Amount budgeted for the year concerned: 

3. 

FINANCIAL IMPACT  

(cid:133)x  Proposal has no financial implications 

(cid:133) 

Proposal has no financial impact on expenditure but has a financial impact on 
revenue – the effect is as follows: 

(€ million to one decimal place)  

Budget line 

Revenue30 

12 month period, 
starting dd/mm/yyyy 

[Year n] 

Article … 

Impact on own resources 

Article … 

Impact on own resources 

Situation following action 

[n+1] 

[n+2] 

[n+3] 

[n+4] 

[n+5] 

Article … 

30 

Regarding  traditional  own  resources  (agricultural  duties,  sugar  levies,  customs  duties)  the  amounts 
indicated must be net amounts, i.e. gross amounts after deduction of 25 % of collection costs. 

EN 

45 

   EN 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                 
Article … 

4. 

ANTI-FRAUD MEASURES 

… 

5. 

OTHER REMARKS 

… 

EN 

46 

   EN