2008/385/EC: Commission Decision of 24 January 2008 amending, for the purposes of adapting to technical progress, the Annex to Directive 2002/95/EC of the European Parliament and of the Council as regards exemptions for applications of lead and cadmium (notified under document number C(2008) 268) (Text with EEA relevance)

24.5.2008 EN Official Journal of the European Union L 136/9
COMMISSION DECISION
of 24 January 2008
amending, for the purposes of adapting to technical progress, the Annex to Directive 2002/95/EC of the European Parliament and of the Council as regards exemptions for applications of lead and cadmium
(notified under document number C(2008) 268)
(Text with EEA relevance)
(2008/385/EC)
THE COMMISSION OF THE EUROPEAN COMMUNITIES
,
Having regard to the Treaty establishing the European Community,
Having regard to Directive 2002/95/EC of the European Parliament and of the Council of 27 January 2003 on the restriction of the use of certain hazardous substances in electrical and electronic equipment (1), and in particular Article 5(1)(b) thereof,
Whereas:
(1) Directive 2002/95/EC requires the Commission to evaluate certain hazardous substances prohibited pursuant to Article 4(1) of that Directive.
(2) Certain materials and components containing lead and cadmium should be exempted from the prohibition, since the use of these hazardous substances in those specific materials and components is still unavoidable. The substitution for cadmium alloys in transducers is not yet feasible. Mercury-free flat panel lamps without lead are not available yet and no feasible substitutes for lead oxide are available for argon and krypton laser tubes.
(3) Directive 2002/95/EC should therefore be amended accordingly.
(4) Pursuant to Article 5(2) of Directive 2002/95/EC, the Commission has consulted the relevant parties.
(5) The measures provided for in this Decision are in accordance with the opinion of the Committee established by Article 18 of Directive 2006/12/EC of the European Parliament and of the Council (2),