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18.11.2010 A7-0196/ 001-103
AMENDMENTS 001-103
by the Committee on the Environment, Public Health and Food Safety
Report
Jill Evans A7-0196/2010
Restriction of the use of certain hazardous substances in electrical and electronic equipment
Proposal for a directive (COM(2008)0809 C6-0471/2008 2008/0240(COD))
_____________________________________________________________
Amendment 1
Proposal for a directive
Recital 3 a (new)
Text proposed by the CommissionAmendment(3a) Directive 2008/98/EC of the European Parliament and of the Council of 19 November 2008 gives first priority to prevention in waste legislation. Prevention is defined inter alia as measures that reduce the content of harmful substances in materials and products. Justification
The recast of RoHS should be put into the context of the waste hierarchy established in the waste framework directive in 2008. Prevention is the top priority in the binding waste hierarchy. Prevention includes measures to reduce the content of harmful substances in materials and products. The recast of RoHS recast is therefore an important opportunity to translate this obligation into concrete action, all the more that electrical and electronic equipment (EEE) continues to create numerous problems during waste treatment.
Amendment 2
Proposal for a directive
Recital 3 b (new)
Text proposed by the CommissionAmendment(3b) The Council Resolution of 25 January 1988 on a Community action programme to combat environmental pollution by cadmium1 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. That Resolution stresses that the use of cadmium should be limited to cases where such use is suitable and where safer alternatives do not exist.1 OJ C 30, 4.2.1988, p. 1.Justification
The reference to the Council Resolution of 1988 (Recital 4 of current RoHS) should be reinstated as it is the political reference for combating environmental pollution by cadmium.
Amendment 3
Proposal for a directive
Recital 3 c (new)
Text proposed by the CommissionAmendment(3c) The European Parliament, in its resolution of 14 November 1996 on the communication from the Commission on the review of the Community Strategy on Waste Management and the draft Council resolution on waste policy1, asked the Commission to present proposals for directives on a number of priority waste streams, including electrical and electronic waste. The European Parliament, in the same resolution, requested the Council and the Commission to put forward proposals to reduce the presence of hazardous substances in waste such as chlorine, mercury, polyvinyl chloride (PVC), cadmium and other heavy metals.1 OJ C 362, 2.12.1996, p. 241.Justification
The reference to the Parliament Resolution of 1996 (Recital 4 of current RoHS) should be inserted as an important reminder that Parliament already asked for concrete restrictions on PVC back in 1996.
Amendment 4
Proposal for a directive
Recital 3 d (new)
Text proposed by the CommissionAmendment(3d) Regulation (EC) No 850/2004 of the European Parliament and of the Council of 29 April 2004 on persistent organic pollutants and amending Directive 79/117/EEC1 recalls that the objective of protecting the environment and human health from persistent organic pollutants cannot be sufficiently achieved by the Member States, owing to the transboundary effects of those pollutants, and can therefore be better achieved at Union level. Pursuant to that Regulation, releases of persistent organic pollutants, such as dioxins and furans, which are unintentional by-products of industrial processes, should be identified and reduced as soon as possible with the ultimate aim of elimination, where feasible. Thermal treatment or uncontrolled disposal of waste electrical and electronic equipment containing halogenated flame retardants or PVC can contribute significantly to the formation of dioxins and furans. 1 OJ L 158, 30.4.2004, p. 7.Justification
The RoHS recast needs to be put into the context of the EUs international obligations to reduce total releases of dioxins and furans, with the goal of their continuing minimization and, where feasible, ultimate elimination. The final destiny of large quantities of WEEE remains unclear. High-temperature incineration remains the exception. Sub-standard treatment of WEEE in the EU or in third countries - risks remaining a reality for significant amounts. Emissions of dioxins and furans can only be addressed via material choices at design stage.
Amendment 5
Proposal for a directive
Recital 3 e (new)
Text proposed by the CommissionAmendment(3e) The study commissioned by the Commission on hazardous substances in electrical and electronic equipment highly recommended a phase-out of organobromines and organochlorines due to their potential to form polybrominated and polychlorinated dioxins and furans in waste treatment operations, and gave priority to the phase-out of PVC over selective risk management options to guarantee a reduced release of PVC, of its additives and of hazardous combustion products. It also recommends the labelling of beryllium metal and beryllium oxide and the voluntary phase-out combined with market surveillance of several other examined substances.Justification
The recommendations of the ko-Institut with its different options should be referred to, reflecting that the suggestions go beyond the recommendation to include substances into Annex IV.
Amendment 6
Proposal for a directive
Recital 3 f (new)
Text proposed by the CommissionAmendment(3f) There is scientific uncertainty about the safety of nanomaterials for human health and the environment, no internationally agreed definition of a nanomaterial and no internationally agreed test guidelines. The Commission's Scientific Committee on Emerging and Newly Identified Health Risks (SCENIHR) adopted on 28-29 September 2005 an opinion on nanotechnologies which concluded that there were "major gaps in the knowledge necessary for risk assessment and concluded that "existing toxicological and eco-toxicological methods may not be sufficient to address all of the issues arising in relation to nanoparticles". There is increasing scientific evidence that some carbon nanotubes may behave like asbestos fibres and thus have severe impact on human health. The same applies to nanosilver particles which may end up in the environment and may have severe impacts on soil, aquatic and terrestrial organisms.Justification
A 2009 research project on emerging nanotechnologies found that about 807 products are available on the market containing nanomaterials, some of which are EEE. There is a common agreement amongst nanotoxicologists that risks of severe impacts on health and the environment are real, precautious measures are therefore warranted in regards to nanomaterials. This amendment is linked to the amendment of Art. 4 (1) b new, suggesting a labelling for nanosilver and carbon nanotubes.
Amendment 7
Proposal for a directive
Recital 6
Text proposed by the CommissionAmendment(6) 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.(6) The substances covered by this Directive should be scientifically well researched and evaluated prior to establishing restrictions and becoming subject to different measures both at Union and at national level. Substances listed in Annex III should be scientifically well researched and evaluated prior to establishing restrictions.Justification
The assessment of substances listed in annex III has not yet been completed. The substances listed in annex III are scheduled for assessment, which should be done thoroughly; however, this work has not yet been finished.
Amendment 8
Proposal for a directive
Recital 7
Text proposed by the CommissionAmendment(7) 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.(7) 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 Union. The measures should be kept under review and, if necessary, adjusted to take account of available technical and scientific information. In particular, the risks to human health and the environment arising from the use of substances listed in Annex XIV of Regulation (EC) No 1907/2006 with special attention to Hexabromocyclododecane (HBCDD), Bis (2-ethylhexyl) phthalate, Butyl benzyl phthalate (BBP) and Dibutylphthalate (DBP) should be considered as a priority.Justification
Substances about which some concern has been expressed by various bodies.
Amendment 9
Proposal for a directive
Recital 8
Text proposed by the CommissionAmendment(8) This Directive supplements the general Community waste management legislation, such as Directive 2008/[]/EC of the European Parliament and of the Council on waste. (8) This Directive supplements the general EU waste management legislation, such as Directive 2008/[]/EC of the European Parliament and of the Council on waste as well as 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)1. 1 OJ L 396, 30.12.2006, p. 1.Justification
It should be stated specifically that RoHS supplements REACH. RoHS and REACH have different objectives, scope, timelines, and outreach. RoHS was created to address the specific problems of a fast-growing waste stream, REACH addresses chemical substances at a general level, with no special focus on waste. REACH is a regional law still in its infancy, RoHS is already setting a global standard. Key problems with WEEE are due to polymers, which are exempted from REACH. RoHS should be further developed to address the specific problems of the recovery and disposal of WEEE at the origin.
Amendment 10
Proposal for a directive
Recital 11
Text proposed by the CommissionAmendment(11) The technical development of electrical and electronic equipment without heavy metals, PBDE and PBB should be taken into account. (11) The technical development of electrical and electronic equipment without heavy metals, brominated flame retardants, chlorinated flame retardants, PVC and its hazardous plasticisers should be taken into account. Justification
The electronics industry is well-advanced in its global initiative to phase out the use of brominated/chlorinated flame retardants and PVC. Major electronics companies have already phased out the use of these substances in some/all of their products (e.g. 50% of all new mobile phones are already low halogen). Almost all major electronics companies have committed to do so for consumer products (e.g. market share of low-halogen personal computers will be at over 40% in the next 1-2 years). Similar action has already been undertaken by some manufacturers of white goods in the past.
Amendment 11
Proposal for a directive
Recital 12
Text proposed by the CommissionAmendment(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, 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). Specific account should be taken of the potential impact on SMEs.(12) Periodically, and 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 alternative substances or technologies which ensure at least the same level of protection of consumers should be examined. To this end, the Commission should study the negative impacts of other hazardous substances and the feasibility of substituting them, in particular at the end of life of electrical and electronic equipment, with a view to making legislative proposals to strengthen the provisions of this Directive on a regular basis. This examination should include a full impact assessment with consultation of relevant stakeholders. The examination should also pay attention to coherence with other EU legislation and maximise synergies with the work carried out under Regulation (EC) No 1907/2006. Specific account should be taken of the potential impact on SMEs.Amendment 12
Proposal for a directive
Recital 12 a (new)
Text proposed by the CommissionAmendment(12a) The development of renewable forms of energy is one of the Unions key objectives, and the contribution made by renewable energy sources to environmental and climate objectives is crucial. Directive 2009/28/EC of 23 April 2009 on the promotion of the use of energy from renewable sources and amending and subsequently repealing Directives 2001/77/EC and 2003/30/EC1 recalls that there should be coherence between those objectives and the remainder of the Unions environmental legislation. Consequently, this Directive should not prevent the development of renewable energy technologies that present no danger to the environment and that are sustainable and economically viable, such as photovoltaic solar panels, which should be excluded from the scope of this Directive. Independent impact assessment studies requested by the Commission also recommend the exclusion of photovoltaic solar panels from the scope of this Directive.1 OJ L 140, 05.06.2009, p. 16.Justification
The revision of the RoHS Directive should be coherent with the EUs climate change objectives and should allow the development of sustainable, economically viable forms of energy. It is therefore essential to allow specific exclusions from the scope of this Directive in order to help the EU attain its broader objectives as regards environmental protection, security of energy supply and combating climate change.
Amendment 13
Proposal for a directive
Recital 13
Text proposed by the CommissionAmendment(13) Exemptions from the substitution requirement should be permitted if substitution is not possible from the scientific and technical point of view , taking specific account of the situation of SMEs or if the negative environmental, health or socio-economic impacts caused by substitution are likely to outweigh the health, environmental or socio-economic benefits of the substitution 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. 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. 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. (13) Exemptions from the substitution requirement should be permitted if substitution is not possible from a scientific and technical point of view, taking specific account of the situation of SMEs or if the negative environmental and health impacts caused by substitution are likely to outweigh the health and environmental benefits of the substitution. 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. Socio-economic considerations should be taken into account when deciding on the duration of an exemption. It should be possible to grant a grace period after expiry of an exemption in case more time is required to ensure adequate availability of substitutes, including for reasons of intellectual property restrictions. 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. 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. Amendment 14
Proposal for a directive
Recital 14
Text proposed by the CommissionAmendment(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.(14) Exemptions from the prohibition for certain specific materials or components should be adopted on a case-by-case basis and should be limited in their scope and duration, 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.Amendment 15
Proposal for a directive
Recital 14 a (new)
Text proposed by the CommissionAmendment(14a) The use of nanomaterials in electrical and electronic equipment may increase with the further development of technology. There is inadequate information about the use of nanomaterials other than nanosilver and certain carbon nanotubes in electrical and electronic equipment and the risks associated with such use. In order to enable the Commission to assess the safety of nanomaterials in electrical and electronic equipment, economic operators should notify the use of nanomaterials in electrical and electronic equipment and provide all relevant data with regard to their safety for human health and the environment. The Commission should assess the information received and come forward with a legislative proposal for adequate risk management, if necessary. Producers should label electrical and electronic equipment that contains nanomaterials that can lead to exposure of consumers, in order to enable consumers to make an informed choice.Amendment 16
Proposal for a directive
Recital 19
Text proposed by the CommissionAmendment(19) 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 Commission.deleted(This amendment is linked to the replacement of the former"regulatory procedure with scrutiny"by the new procedure of delegated acts under Article 290 of the Treaty on the Functioning of the European Union.)
Justification
Recital 20 as modified covers the necessary provisions.
Amendment 17
Proposal for a directive
Recital 20
Text proposed by the CommissionAmendment(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.(20) In order to allow the provisions of this Directive to be adapted to technical and scientific progress and to adopt other necessary measures, the Commission should be empowered to adopt delegated acts in accordance with Article 290 of the Treaty on the functioning of the European Union (TFEU) in respect of the adaptation of Annexes V, VI, VIa and VIb, the adoption of a format for applications for exemptions, detailed rules for compliance with maximum concentration values, on sampling and inspection, the definition of nanomaterials, standards for the detection of nanomaterials, the application of the labelling of nanomaterials and adaptations to REACH.Amendment 18
Proposal for a directive
Recital 23 a (new)
Text proposed by the CommissionAmendment(23a) A thorough analysis of the added value of the RoHS Directive should be carried out in the context of the upcoming review of Regulation (EC) No 1907/2006.
Amendment 19
Proposal for a directive
Article 1
Text proposed by the CommissionAmendmentThis 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.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, the environment, and the environmentally sound recovery and disposal of waste electrical and electronic equipment.Justification
The subject matter should reflect the content of the recitals. Recital 4 says: even if WEEE were collected separately and submitted to recycling processes, its content of mercury, cadmium, would be likely to pose risk to health and the environment. Recital 5 then states that the most effective way of ensuring the significant reduction of risks to health and the environment relating to those substances is the substitution. Thus the phase-out of hazardous substances contributes to the protection of the environment as such, not just via environmentally sound recovery and disposal.
Amendment 20
Proposal for a directive
Article 2 paragraph 1
Text proposed by the CommissionAmendment1. This Directive shall apply to electrical and electronic equipment falling under the categories set out in Annex I as specified in Annex II .1. This Directive shall apply to electrical and electronic equipment, including cables, consumables and accessories, falling under the categories set out in Annex I. Justification
RoHS should apply to all EEE, not just to certain categories, and include cables, consumables and accessories. Annex II is confusing: it is said to be a binding list of products, yet the list is not exhaustive, but only gives certain examples: appliances, including. This does not solve the problem of different interpretations of the categories. Annex II should be deleted, instead the general definition of EEE should apply. The categories in Annex I should be kept, completed with a catch-all category, to address different restrictions and timelines for different categories of EEE.
Amendment 21
Proposal for a directive
Article 2 paragraph 1 a (new)
Text proposed by the CommissionAmendment1a. Paragraph 1 shall apply to electrical and electronic equipment that falls into category 11 of Annex I as of 1 July 2014.Justification
The broadening of the scope of RoHS beyond the 10 current categories requires a transitional phase to allow manufacturers to apply for exemptions.
Amendment 22
Proposal for a directive
Article 2 paragraph 2
Text proposed by the CommissionAmendment2. This Directive shall apply without prejudice to requirements ofCommunity legislation on safety and health, on chemicals, in particular Regulation (EC) 1907/2006 as well as of specific Community waste management legislation.2. This Directive shall apply without prejudice to requirements of EU legislation on safety and health, on chemicals, in particular Regulation (EC) 1907/2006 and Directive 2000/53/EC of the European Parliament and of the Council of 18 September 2000 on endoflife vehicles1, as well as of specific EU waste management legislation.____________
1 OJ L 269, 21.10.2000, p. 34.Justification
This amendment explicitly excludes end-of-life vehicles and the electronic components of such vehicles from the scope of the RoHS Directive. These vehicles will never enter the electrical and electronic equipment waste stream. Since they are governed by other legislation, they should be excluded from the scope of the RoHS Directive.
Amendment 23
Proposal for a directive
Article 2 paragraph 3
Text proposed by the CommissionAmendment3. This Directive does not apply to:3. This Directive does not apply to:(a) 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 ;a) 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) 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;(b) 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)equipment which is not intended to be placed on the market as a single functional or commercial unit.(ba) means of transport for persons or goods;(bb) large-scale fixed installations, except monitoring and control equipment;(bc) large-scale stationary industrial tools, except monitoring and control equipment;(bd) renewable energy generation technology intended to be used in a system that is designed, assembled, and installed for permanent use at a defined location to produce energy for public, commercial and residential applications;(be) equipment which is manufactured in the Union or imported, and specifically designed for the purposes of research and development and not made available on the market for sale to the general public;(bf) non-road mobile machinery intended exclusively for professional use;(bg) equipment designed to be sent into space; No later than [...*], the Commission shall submit a report examining the need for further exclusions of equipment in category 11 from the scope of this Directive where the long-term contribution to the objectives of this Directive by the inclusion of such equipment would be disproportionately low as compared to the long-term costs thereof. The report shall be accompanied by a legislative proposal, if appropriate.* Insert date: eighteen months after entry into force of this Directive.Amendment 24
Proposal for a directive
Article 2 paragraph 3 a (new)
Text proposed by the CommissionAmendment3a. Notwithstanding the exclusion from the scope of this Directive of certain EEE, Member States shall take all measures necessary to ensure that economic operators reduce exposure to the substances listed in Annex IV in materials and components of EEE for consumers, workers and the environment to as low a level as is technically and practically possible.Amendment 25
Proposal for a directive
Article 2 paragraph 3 b (new)
Text proposed by the CommissionAmendment3b. By 31 December 2014 at the latest, the Commission shall submit a report to the European Parliament and the Council examining the scope of this Directive with regard to equipment referred to in Article2(3);Justification
While provisions may be made now for exemptions, the scope of the legislation should be subject to a review following appropriate impact assessments
Amendment 26
Proposal for a directive
Article 3 point a a (new)
Text proposed by the CommissionAmendment(aa) "dependent" means needing electricity to fulfil at least one of its basic functions; Amendment 27
Proposal for a directive
Article 3 point b
Text proposed by the CommissionAmendment(b) "manufacturer means any natural or legal person who manufactures an EEE or who has an EEE designed or manufactured under his name or trademark;(b) manufacturer means any natural or legal person who manufactures an EEE or has an EEE designed or manufactured, or who markets such a product under his name or trademark;Justification
As Regulation (EC) 765/2008 serves as a reference for the current RoHS recast, definitions should be aligned to one another to prevent confusion or different interpretations.
Amendment 28
Proposal for a directive
Article 3 point d a (new)
Text proposed by the CommissionAmendment(da)"economic operators" means the manufacturer, the authorised representative, the importer and the distributor;Justification
The term economic operators is used in several places in the directive. The same definition as given in Decision 768/2008/EC on a common framework for the marketing of products should apply.
Amendment 29
Proposal for a directive
Article 3 point g a (new)
Text proposed by the CommissionAmendment(ga) "technical specification" means a document that prescribes technical requirements to be fulfilled by a product, process or service;Justification
The term 'technical specification' is used in several places in the directive. The same definition as given in Decision 768/2008/EC on a common framework for the marketing of products should apply.
Amendment 30
Proposal for a directive
Article 3 point k a (new)
Text proposed by the CommissionAmendment(ka) "recall" means any measure aimed at achieving the return of a product that has already been made available to the end user;Justification
The term 'recall' is used in several places in the directive. The same definition as given in Decision 768/2008/EC on a common framework for the marketing of products should apply.
Amendment 31
Proposal for a directive
Article 3 point k b (new)
Text proposed by the CommissionAmendment(kb) "withdrawal" means any measure aimed at preventing a product in the supply chain from being made available on the market;Justification
The term 'withdrawal' is used in several places in the directive. The same definition as given in Decision 768/2008/EC on a common framework for the marketing of products should apply.
Amendment 32
Proposal for a directive
Article 3 point l
Text proposed by the CommissionAmendment(l) 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;(l) homogeneous material means:
a material that consists of only one material throughout; or a combination of multiple materials that can not be mechanically disjointed into different materials, excluding surface coatings; or a surface coating.Justification
A distinction needs to be made between materials that consist of only one material throughout and those consisting of multiple materials that cannot be mechanically disjointed. Surface coatings should be considered as a homogenous material in their own right.
Amendment 33
Proposal for a directive
Article 3 point l a (new)
Text proposed by the CommissionAmendment(la) "cables" means all cables inside EEE and all cables that serve as a connection or an extension to connect the equipment to the relevant grid;Amendment 34
Proposal for a directive
Article 3 point l b (new)
Text proposed by the CommissionAmendment(lb) "mechanically disjointed" means materials can, in principle, be separated by mechanical actions, such as unscrewing, cutting, crushing, grinding and abrasive processes;Justification
A definition is important to ensure that legal certainty with regards to sampling and testing is achieved. In order to provide legal certainty there should be a separate definition of "mechanical disjointed".
Amendment 35
Proposal for a directive
Article 3 point p
Text proposed by the CommissionAmendment(p)industrial monitoring and control instruments mean monitoring and control instruments designed for exclusively industrial or professional use.(p) industrial monitoring and control instruments means monitoring and control instruments designed for exclusively industrial use.Justification
Community legislation normally distinguishes between the use by the general public, by professionals or within industry. The distinction between the general public and professionals differs from Member State to Member State. The distinction is furthermore blurred, as persons of the general public can have access to professional products, while professionals may use products widely available to the general public. To avoid further confusion, the definition of industrial monitoring and control instruments should be limited to exclusively industrial use.
Amendment 36
Proposal for a directive
Article 3 point p a (new)
Text proposed by the CommissionAmendment(pa) consumable means any unit, containing one or more electrical or electronic parts, which is necessary for the functioning of an EEE and which vice versa cannot function without the EEE; (Replacement of amendment 26.)Justification
Given the interdependence between EEE and consumables, consumables should also be included in the directive, all the more that they are normally more short-lived and thus becoming waste faster than the EEE. A definition should therefore be included. This definition is limited to units that have electrical/electronic parts. It would thus include e.g. current toner cartridges, but exclude CDs, printing paper, powder for dishwashing machines or drill bits.
Amendment 37
Proposal for a directive
Article 3 point p b (new)
Text proposed by the CommissionAmendment(pb) "nanomaterial" means any intentionally produced material that has one or more dimensions of the order of 100 nm or less or is composed of discrete functional parts, either internally or at the surface, many of which have one or more dimensions of the order of 100 nm or less, including structures, agglomerates or aggregates, which may have a size above the order of 100 nm but retain properties that are characteristic to the nanoscale.Properties that are characteristic to the nanoscale include:(i) those related to the large specific surface area of the materials considered, and/or(ii) specific physico-chemical properties that are different from those of the non-nanoform of the same material.Justification
A definition of nanomaterials needs to be introduced. The definition here is the one agreed to by all three institutions in the context of the regulation on novel food.
Amendment 38
Proposal for a directive
Article 3 paragraph 1 a (new)
Text proposed by the CommissionAmendmentIn view of the various definitions of nanomaterials published by different bodies at international level and the constant technical and scientific developments in the field of nanotechnologies, the Commission shall adjust and adapt point (pa) of this Article to technical and scientific progress, taking into account definitions subsequently agreed at international level, by means of delegated acts in accordance with Article 18.Amendment 39
Proposal for a directive
Article 3 - point p c (new)
Text proposed by the CommissionAmendment(pc) "accessory" means any unit containing one or more electrical or electronic parts, designed to be used with an EEE, which is not necessary for the functioning of the EEE, but which cannot function without the EEE;Justification
RoHS should also include accessories. A definition should therefore be included. This definition is limited to units that have electrical/electronic parts. It would thus include e.g. separate lenses for digital cameras, but it would exclude the bag for the camera or the lens.
Amendment 40
Proposal for a directive
Article 3 point p d (new)
Text proposed by the CommissionAmendment(pd) "electrical or electronic part" means any unit with two or more connecting lead or metallic pads, which is part of an electric circuit, to provide a discrete function;Justification
As the newly introduced definitions for "consumable" and "accessory" refer to containing an "electrical or electronic part", a definition for such parts should be given.
Amendment 41
Proposal for a directive
Article 3 point p e (new)
Text proposed by the CommissionAmendment(pe) "means of transport" means a vehicle used for transport of people or cargo, such as cars, buses, trucks, trams, trains, ships and aeroplanes;Amendment 42
Proposal for a directive
Article 3 point p f (new)
Text proposed by the CommissionAmendment(pf) "large-scale fixed installation" means a particular combination of several types of apparatus and, where applicable, other devices, assembled and installed permanently at a predefined location. It shall not include electrical and electronic components which may, during the lifespan of the installation concerned, be replaced from time to time and which can also fulfil their function without being part of that installation;Amendment 43
Proposal for a directive
Article 3 point p g (new)
Text proposed by the CommissionAmendment(pg) "large scale stationary industrial tools" mean an assembly of machines, equipment, and/or components, designed to be used together in industry to perform a specific task. It is installed by specialised personnel responsible for the installation activity only, and they are permanently located during their phase of use. It shall not include electrical and electronic components which may, during the lifespan of the tool concerned, be replaced from time to time and which can fulfil their function also by not being part of that tool;Amendment 44
Proposal for a directive
Article 3 point p h (new)
Text proposed by the CommissionAmendment(ph) "non-road mobile machinery intended exclusively for professional use" means equipment as defined in Directive 97/68/EC which is only made available for use by professionals; Amendment 45
Proposal for a directive
Article 4 paragraph 1
Text proposed by the CommissionAmendment1. Member States shall ensure that, EEE including spare parts for its repair or its reuse placed on the market does not contain the substances listed in Annex IV.1. Member States shall ensure that EEE, including spare parts for its repair or its reuse, cables, consumables and accessories, and parts for recalibration or updating of functionalities or upgrading of capacity placed on the market does not contain the substances listed in Annex IV.Amendment 46
Proposal for a directive
Article 4 paragraph 4
Text proposed by the CommissionAmendment4. Paragraph 1 shall not apply to spare parts for the repair or to the reuse of the following:4. Paragraph 1 shall not apply to cables, consumables, accessories or spare parts for the repair or to the reuse, nor to parts for recalibration or updating of functionalities or upgrading of capacity, of the following:(a) EEE placed on the market before 1 July 2006.(a) EEE placed on the market before 1 July 2006.(b) Medical devices placed on the market before 1st January 2014.(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.(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.(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.(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.
(f) EEE which benefited from an exemption and was placed on the market before that exemption expired, as far as the relevant exemption is concerned.Amendment 47
Proposal for a directive
Article 4 paragraph 4 a (new)
Text proposed by the CommissionAmendment4a. Paragraph 1 shall not apply to the re-use of spare parts recovered from EEE put on the market before 1 July 2006 in equipment placed on the market before 1July 2016, under the condition that re-use takes place in auditable closed-loop business-to-business return systems, and that re-use of parts isnotified to the consumer.Justification
To ensure resource efficiency, the EU needs to further promote re-use. The premature disposal, destruction or substitution of well-functioning and re-usable spare parts, due to the fact that they have been put on the market before 1st July 2006 and do not comply to RoHS restrictions, would cause unnecessary environmental burden. Not allowing this temporary exemption will lead to disposal of the entire equipment including a majority of RoHS compliant parts. As re-use takes place in a closed return system, the end-of-life of these parts will be appropriately controlled and managed.
Amendment 48
Proposal for a directive
Article 4 - paragraph 5
Text proposed by the CommissionAmendment5. 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.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 assessing the availability of suitable, safe and reliable alternatives based on scientific and technological advice and to propose inclusion.Justification
Intended to ensure that there is no conflict with the need to ensure that active implantable medical devices are available.
Amendment 49
Proposal for a directive
Article 4 paragraph 6
Text proposed by the CommissionAmendment6. Paragraph 1 shall not apply to the applications listed in Annexes V and VI.6. Paragraph 1 shall not apply to the applications listed in Annexes V, VI and VIa.(Correction of an oversight, replacing amendment 33. Linked to the amendments of Article 2(1) and 4(1a), Annex I and Annex VIa)
Justification
The introduction of an open scope requires a separate Annex to allow for applications exempted from the ban in Article 4(1) for EEE that were currently not in the scope of RoHS as not falling under any of the 10 first categories. There needs to be a possibility for exemptions from the new restriction proposed in paragraph 1.
Amendment 50
Proposal for a directive
Article 4 - paragraph 7
Text proposed by the CommissionAmendment7. 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) deleted(Linked to the amendment reinstating Article 6 of RoHS in a modified form)
Justification
RoHS is a one-issue directive: restricting hazardous substances in EEE. It is not acceptable to delegate the power for decisions on the very essence of RoHS to comitology, let alone to a methodology in comitology which is yet to be defined, all the more that the legislator clearly mandated the Commission to make such proposals in co-decision (Art. 6). And doing so would mean no new restrictions now, which is against the recommendations by the Commission study. To maintain the driving force of RoHS, new restrictions need to be adopted now, and not put off to an undefined time in the future.
Amendment 51
Proposal for a directive
Article 5
Text proposed by the CommissionAmendment1. The Commission shall, for the purposes of adapting the annexes to scientific and technical progress, adopt the following measures:1. The Commission shall, for the purposes of adapting Annexes V, VI and VIa to scientific and technical progress and taking into account the criteria laid down in Article 6a, adopt the following measures:(a) any necessary amendments to Annex II.(b) Include materials and components of EEE in Annexes V and VI where either of the following conditions is fulfilled: (a) Include materials and components of EEE for specific applications in Annexes V, VI and VIa 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;- 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 technically impracticable;
- the availability and reliability of substitutes is not ensured,- the reliability of substitutes is not ensured,- the negative environmental health consumer safety or socio-economic impacts caused by substitution are likely to outweigh the environmental, health or consumer safety and/or socio-economic benefits thereof;- the negative environmental, health and consumer safety impacts caused by substitution are likely to outweigh the environmental, health and consumer safety benefits thereof based, where relevant, on a life-cycle assessment;(c) delete materials and components of EEE from Annexes V and VI where the conditions set out in point (b) are no longer fulfilled.(b) delete materials and components of EEE from Annexes V and VI where the conditions set out in point (a) 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).The Commission shall adopt any such measure by means of an individual delegated act in accordance with Article 18.2. 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.2. Measures adopted in accordance with point (a) of paragraph 1 shall have a validity period of up to four years for categories 1,2, 3, 4, 5, 6, 7, 10 and 11 of Annex I, and a validity period of up to eight years for equipment in category 8 and 9 of Annex I. The validity period shall be decided on a case-by-case basis. Such measures may be renewed.The Commission shall take into account socio-economic impacts as defined in Annex XVI of Regulation (EC) 1907/2006 when deciding on the duration of an exemption or the renewal of an exemption. Where the Commission considers that more than the time until application of the prohibition or until expiry of the exemption, as the case may be, is necessary to ensure adequate availability of substitutes, including reasons due to intellectual property restrictions, it shall grant a grace period after application of the prohibition or expiry of the exemption. The duration of the grace period shall be decided on a case-by-case basis and shall not exceed 18 months from the application of the prohibition or the expiry of the exemption.The specific exemptions in Annexes V, VI and VIa shall indicate the date of granting the exemption, of its renewal, of its expiry, and of the grace period, as applicable. 2a. Applications for granting, renewing or deleting an exemption from Article 4(1) shall be made to the Commission in accordance with Annex VIb. An application for renewal of an exemption shall reflect the latest situation.2b. The Commission shall: (a) acknowledge receipt of an application in writing within 15 days of its receipt. The acknowledgement shall state the date of receipt of the application;(b) assign a number to the application, which is to be used for all correspondence regarding the application until the review is deemed to be complete;(c) inform without delay the Member States of the application and shall make the application and any supplementary information supplied by the applicant
available to them;(d) make a summary of the application available to the public.(e) carry out an independent study on the justification of the application.2c. Applications shall be submitted not later than 18 months before the prohibition applies, or before the exemption expires, as the case may be. The Commission shall take a decision not later than 6 months before the prohibition applies, or before the exemption expires, as the case may be. In the event that the Commission has not taken a decision by that time, the exemption shall be valid or remain valid until six months after the Commission has taken a decision. 3. Before Annexes are amended, the Commission shall inter alia consult producers of electrical and electronic equipment, recyclers, treatment operators, environmental organisations and employee and consumer associations.3. Before Annexes V, VI and VIa are amended, the Commission shall inter alia consult economic operators, recyclers, treatment operators, environmental organisations and employee and consumer associations. Comments received by the Commission in the context of such consultations shall be made publicly available. The Commission shall provide an account of the information it receives and make it publicly available.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. 3a. Notwithstanding the inclusion of materials and components in Annex V, VI or VIa, Member States shall take all measures necessary to ensure that economic operators reduce exposure to the substances listed in Annex IV in materials and components of EEE for consumers, workers and the environment to as low a level as is technically and practically possible.3b. The Commission shall, by means of delegated acts in accordance with Article 18, adopt a harmonised format for applications pursuant to paragraph 2a. 3c. The Commission shall adopt comprehensive guidance on the application of paragraph 2a, taking into account the situation of SMEs.3d. The Commission may, by means of delegated acts in accordance with Article 18, modify Annex VIb to add further elements to it.3e. Not later than [...*], the Commission shall decide , by means of delegated acts in accordance with Article 18, which of the exemptions granted in Annex V shall also apply for equipment in categories 8 and 9. In the event that no decision is taken by that time, the exemptions granted in Annex V shall also be valid for such equipment.* Insert date: eighteen months after entry into force of this Directive.Amendment 52
Proposal for a directive
Article 5 a (new)
Text proposed by the CommissionAmendmentArticle 5aNanomaterials1. Economic operators shall notify the Commission of the use of nanomaterials in EEE and provide all relevant data with regard to their safety for human health and the environment over their life cycle. 2. No later than [...*], having regard to the information provided by economic operators pursuant to paragraph 1, the Commission shall assess the safety of nanomaterials in EEE for human health and the environment, in particular during use and treatment, and communicate its findings in a report to the European Parliament and the Council. This report shall be accompanied by a legislative proposal for adequate risk management of nanomaterials in EEE, if necessary.3. Economic operators shall label EEE that contains nanomaterials that can lead to exposure of consumers no later than [...**].4. The Commission shall develop a standard for the identification and detection of nanomaterials by means of delegated acts in accordance with Article 18 no later than [...***].5. The Commission shall develop detailed rules for the application of the labelling requirements of paragraph 3 by means of delegated acts in accordance with Article 18 no later than [...***].* Insert date: 36 months after entry into force of the Directive.** Insert date: 24 months after entry into force of the Directive.*** Insert date: 18 months after entry into force of the Directive.Amendment 53
Proposal for a directive
Article 6
Text proposed by the CommissionAmendmentImplementing measuresDelegated actsThe Commission shall adopt detailed rules for:No later than [...*], the Commission shall adopt, by means of delegated acts in accordance with Article 18, 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) complying with the maximum concentration values of Article (4)(2), inter alia by defining a de minimis volume, and specific rules for surface coatings, sampling and inspection of electrical and electronic equipment, a harmonised format for a material declaration for EEE materials, components and parts, including details of the concentration of substances regulated under this Directive, 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. the application of the labelling requirements for nanomaterials of Article 5a(3).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).* Insert date: eighteen months after entry into force of this Directive.Amendment 54
Proposal for a directive
Article 6 a (new)
Text proposed by the CommissionAmendmentArticle 6aReviewBefore [...*], and periodically thereafter, the Commission shall, taking account of the precautionary principle, and based on an impact assessment, review and amend the list of prohibited substances in Annex IV if it is considered that a substance, or a group of similar substances in EEE or in the waste derived from it, is detrimental to the environmentally sound recovery or disposal of waste electrical and electronic equipment, or has an adverse impact on human health or the environment during use of EEE or treatment of waste EEE. Particular attention shall be paid during that review to whether such substances or groups of substances: (a) could have a negative impact on the possibilities for preparing for the reuse of EEE or for recycling of materials from WEEE; (b) could give rise to uncontrolled or diffuse release to the environment of the substance or of hazardous residues, transformation or degradation products thereof during its life cycle, and in particular during the preparing for reuse, recycling or other treatment of materials from WEEE, including during sub-standard operations in the European Union and in third countries;(c) could result in unacceptable exposure of workers involved in the collection, reuse, recycling or treatment of WEEE;(d) could give rise to significant quantities of secondary hazardous waste during the preparation for reuse, recycling or other treatment of materials from WEEE;(e) could be replaced by safer substitutes or alternative technologies via design changes or materials and components which have less negative impacts on environmentally sound recovery or disposal of waste EEE or less negative impacts on human health and the environment.During that review, the Commission shall consult interested parties including economic operators, recyclers, treatment operators, environmental organisations and employee and consumer associations. The Commission shall also take into account any relevant dossier submitted to the European Chemical Agency under Regulation (EC) No 1907/2006 or other EU legislation. It shall also take into account the possibility of granting exemptions for those applications where such substitutes or alternative technologies are not yet available.The Commission shall adopt measures to extend the scope of Annex IV, as appropriate, by those dates and periodically thereafter, by means of delegated acts in accordance with Article 18.A Member State or the European Parliament may request the Commission at any time to submit such a proposal. Such a request shall be duly justified on the basis of the criteria set out in this Article. The Commission shall consider the request and adopt measures, if appropriate, no later than twelve months after the reception of the request, by means of delegated acts in accordance with Article 18.* Insert date: four years after entry into force of the Directive.** Insert date: eight years after entry into force of the Directive.Amendment 55
Proposal for a directive
Article 6 b (new)
Text proposed by the CommissionAmendmentArticle 6bAdaptation to REACHWhen new limitations on the placing of the market with regard to substances used in EEE are adopted pursuant to Regulation (EC) No 1907/2006, the relevant Annexes of this Directive shall be amended accordingly, corresponding to the sunset date for substances of very high concern for which no authorisation was granted, or to the date of application of the restriction, as the case may be. The Commission shall adopt such measures by means of delegated acts in accordance with Article 18.(Replacement of amendment 49 by the rapporteur. Linked to the replacement of the former"regulatory procedure with scrutiny"with the new procedure of delegated acts under Article 290 of the Treaty on the Functioning of the European Union.)
Justification
A mechanism needs to be introduced to allow that restrictions or phase-outs under authorisation as adopted under REACH are carried over into RoHS.
Amendment 56
Proposal for a directive
Article 7 - introductory part (new)
Text proposed by the CommissionAmendmentMember States shall ensure that:(This amendment will necessitate consequential changes throughout the article; paragraphs will become points and their grammatical structure will have to be adapted accordingly.) Justification
This is a correction of a drafting error in the Commission proposal. A directive cannot directly establish obligations on economic operators. It can only establish obligations on Member States to ensure that economic operators take certain action.
Amendment 57
Proposal for a directive
Article 7 paragraph 2
Text proposed by the CommissionAmendment2. 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. 2. Manufacturers 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, unless specific legislation requires technical documentation and internal control procedures that are at least as strict as the procedure set out in that module.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.Where compliance of an EEE with the applicable requirements has been demonstrated by those procedures, manufacturers draw up an EC declaration of conformity and affix the CE marking.Justification
Where comparable legislation already applies (e.g. for medical devices), and where it contains at least the elements specified in Annex VII, it should be acceptable to provide the declaration of conformity pursuant to that legislation to avoid double bureaucracy.
Amendment 58
Proposal for a directive
Article 7 paragraph 5
Text proposed by the CommissionAmendment5. 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.5. When deemed appropriate with regard to the risks to human health, the environment or environmentally sound recovery and disposal presented by a product, manufacturers carry out sample testing of marketed EEE, investigate, and, if necessary, keep a register of complaints, of non-conforming EEE and product recalls, and keep distributors informed of any such monitoring.Justification
RoHS has been adopted to address the risks to human health and the environment, in particular during end-of life, due to the use of certain hazardous substances or materials in EEE. This should be reflected in the wording of this article.
Amendment 59
Proposal for a directive
Article 7 paragraph 7
Text proposed by the CommissionAmendment7. 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.7. Manufacturers 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. Where specific applicable legislation already sets out such requirements, the requirements in that legislation shall apply instead. The address must indicate a single point at which the manufacturer can be contacted.Justification
Where comparable legislation already applies (e.g. for medical devices), the provisions of that legislation should apply.
Amendment 60
Proposal for a directive
Article 7 paragraph 8
Text proposed by the CommissionAmendment8. Manufacturers who consider or have reason to believe that an 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.8. Manufacturers who consider or have reason to believe that an EEE which they have placed on the market is not in conformity with this Directive immediately take the necessary corrective measures to bring that EEE into conformity, to withdraw it or recall it, if appropriate. Furthermore, manufacturers 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.Justification
The reference for conformity should be this Directive, which includes relevant references to Community harmonisation legislation, and not just the latter. The deletion of shall follows from the correction of a drafting error by the Commission (see amendment 50. A directive cannot directly establish obligations on economic operators. It can only establish obligations on Member States to ensure that economic operators take certain action.
Amendment 61
Proposal for a directive
Article 7 paragraph 9
Text proposed by the CommissionAmendment9. 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.9. Manufacturers, further to a 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.Justification
Manufacturers obligations with regard to non-compliant products are already regulated in other New Approach Directives regulating product safety.
Amendment 62
Proposal for a directive
Article 8 introductory part (new)
Text proposed by the CommissionAmendmentMember States shall ensure that:(This amendment will necessitate consequential changes throughout the article; paragraphs will become points and their grammatical structure will have to be adapted accordingly.) Amendment 63
Proposal for a directive
Article 8 paragraph 1
Text proposed by the CommissionAmendment1. A manufacturer may, by a written mandate, appoint an authorised representative.1. A manufacturer has the possibility to appoint an authorised representative by written mandate.The obligations laid down in Article 7(1) and the drawing up of technical documentation shall not form part of the authorised representatives mandate.The obligations laid down in Article 7(1) and the drawing up of technical documentation shall not form part of the authorised representatives mandate.Justification
Change in the wording as a consequence of the new introductory part (see amendment 50)./
Amendment 64
Proposal for a directive
Article 8 paragraph 2 point a
Text proposed by the CommissionAmendment(a) keep the EC declaration of conformity and the technical documentation at the disposal of national surveillance authorities for ten years;(a) keep the EC declaration of conformity and the technical documentation at the disposal of national surveillance authorities for ten years after the EEE has been placed on the market;Justification
The reference to made available on the market should be replaced by placed on the market. The New Legislative Framework always refers to placed on the market when defining the starting date for the time period for which the Declaration of Conformity must be retained. This is because placing on the market means the first making available of a product on the Community market (Article R1(2) of Decision No 768/2008/EC) and which is a therefore single fixed date. In contrast, a product can have multiple "made available" dates and such reference would thus lead to legal uncertainty.
Amendment 65
Proposal for a directive
Article 9 introductory part (new)
Text proposed by the CommissionAmendmentMember States shall ensure that:(This amendment will necessitate consequential changes throughout the article; paragraphs will become points and their grammatical structure will have to be adapted accordingly.) Amendment 66
Proposal for a directive
Article 9 paragraph 3
Text proposed by the CommissionAmendment3. 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.3. Unless the authorised representatives name and address is indicated, the importers indicate their name, registered trade name or registered trade mark and the address at which they can be contacted on the EEE or on its packaging or in a document accompanying the EEE. Where specific applicable legislation already sets out such requirements, the requirements in that legislation shall apply instead.Justification
Naming the importer in addition to naming the authorised representative is unnecessary and creates unnecessary administrative burden. This is especially the case when model is imported by several parties. This would avoid unnecessary administrative burden for industry and confusion for customers.
Amendment 67
Proposal for a directive
Article 9 paragraph 5
Text proposed by the CommissionAmendment5. 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.5. When deemed appropriate with regard to the risks to human health, the environment or environmentally sound recovery and disposal presented by an EEE, importers 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.Justification
RoHS has been adopted to address the risks to human health and the environment, in particular during end-of life, due to the use of certain hazardous substances or materials in EEE. This should be reflected in the wording of this article.
Amendment 68
Proposal for a directive
Article 9 paragraph 7
Text proposed by the CommissionAmendment7. 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.7. Importers keep, for ten years after the EEE was placed on the market, 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.(Replacing amendment 59)
Justification
The ten-year timeline needs a clear starting point.
Amendment 69
Proposal for a directive
Article 10 introductory part (new)
Text proposed by the CommissionAmendmentMember States shall ensure that:(This amendment will necessitate consequential changes throughout the article; paragraphs will become points and their grammatical structure will have to be adapted accordingly.) Amendment 70
Proposal for a directive
Article 10 paragraph 1
Text proposed by the CommissionAmendment1. When making an EEE available on the market distributors shall act with due care in relation to the requirements applicable.1. When making an EEE available on the market distributors act with due care in relation to the requirements applicable, in particular 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 Articles 7(6) and 7(7) and Article 9(3).Justification
It is appropriate to highlight specific provisions in the context of the due care obligation of distributors.
Amendment 71
Proposal for a directive
Article 10 paragraph 2 subparagraph 1
Text proposed by the CommissionAmendment2. 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).deletedJustification
This provision would mean that every distributor would have to open up the original packaging of every EEE before making it available on the market. This would go too far. Instead, it is proposed to highlight these issues in the context of the 'due care' obligation in Article 10(1). This ensures that distributors are responsible for ensuring that they only make available products that comply with these provisions, without obliging them to unpack every single item.
Amendment 72
Proposal for a directive
Article 11
Text proposed by the CommissionAmendmentAn 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.Member States shall ensure that an importer or distributor is considered a manufacturer for the purposes of this Directive and that he is 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 EEE already placed on the market in such a way that compliance with the applicable requirements may be affected.Justification
This is a correction of a drafting error in the Commission proposal (see amendment 50). A directive cannot directly establish obligations on economic operators. It can only establish obligations on Member States to ensure that economic operators take certain action.
Amendment 73
Proposal for a directive
Article 12 - introductory part
Text proposed by the CommissionAmendmentEconomic operators shall, on request, identify the following to the market surveillance authorities, for ten years:Member States shall ensure that economic operators, on request, identify the following to the market surveillance authorities, for ten years:Justification
This is a correction of a drafting error in the Commission proposal (see amendment 50). A directive cannot directly establish obligations on economic operators. It can only establish obligations on Member States to ensure that economic operators take certain action.
Amendment 74
Proposal for a directive
Article 13 paragraph 1
Text proposed by the CommissionAmendment1. The EC declaration of conformity shall state that the fulfilment of requirements specified in Article 4 has been demonstrated.1. The EC declaration of conformity shall state that the fulfilment of requirements specified in this Directive has been demonstrated.Justification
Conformity should be declared with the entire Directive.
Amendment 75
Proposal for a directive
Article 13 - paragraph 2
Text proposed by the CommissionAmendment2. The EC declaration of conformity shall have the model structure and shall contain the elements specified in Annex VII and shall be updated. 2. The EC declaration of conformity shall have the model structure and shall contain the elements specified in Annex VII and shall be updated, unless specific legislation requiring a declaration of conformity that contains at least the elements specified in Annex VII applies. It shall be translated into the language or languages required by the Member State in which market the product is placed or made available on the market by a manufacturer, importer or distributor. Justification
Where comparable legislation already applies (e.g. for medical devices), and where it contains at least the elements specified in Annex VII, it should be acceptable to provide that declaration of conformity to avoid double bureaucracy.The EC declaration of conformity shall be available in the respective official languages of each Member State in which the EEE is placed on the market or made available on the market.
Amendment 76
Proposal for a directive
Article 15 paragraph 3
Text proposed by the CommissionAmendment3. The CE marking shall be followed by the identification number of the notified body, where that body is involved in the production control phase.deletedThe identification number of the notified body shall be affixed by the body itself or, under its instructions, by the manufacturer or his authorised representative.Justification
This is a correction of an error in the Commission proposal. There are no notified bodies for RoHS.
Amendment 77
Proposal for a directive
Article 16 paragraph 1
Text proposed by the CommissionAmendmentMember States shall presume electrical and electronic equipment bearing the CE marking as conforming to this Directive.deletedJustification
Because the specified maximum concentration values (i.e. % limits) for RoHS apply at the "homogeneous material" level, compliance testing must also occur at this level. At the finished product level, it is possible to test a finished product, but it is not possible to break the finished product down to thousands of homogeneous materials and test each of them individually. Under the current RoHS it is impractical for manufacturers of finished products to undertake their own testing. Manufacturers therefore control their supply chain and use documentation to demonstrate compliance.
Amendment 78
Proposal for a directive
Article 16 paragraph 2
Text proposed by the CommissionAmendmentElectrical 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.Materials, components, or parts of electrical and electronic equipment which have passed tests or measurements, or which have been assessed, 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.Justification
Finished products cannot be "tested" to prove compliance with this Directive, they can only be "assessed" against specific conformity standards.
Amendment 79
Proposal for a directive
Article 16 a (new)
Text proposed by the CommissionAmendmentArticle 16aFormal objection to a harmonised standardArticle R9 of Decision No 768/2008/EC on a common framework for the marketing of products shall apply.Justification
It should be possible for a Member State or the Commission to formally object to a harmonized standard. Amendment 66 was an exact copy of Article R9 from the new legislative framework (NLF), which contains comitology provisions. Due to the new Treaty, the comitology procedures no longer apply for new legislative acts. However, the recast of RoHS cannot align acts other than RoHS to the provisions of the new Treaty. To introduce the possibility for a formal objection to a harmonised standard without prejudice to a future alignment of NLF, there should only be a reference to the relevant article.
Amendment 80
Proposal for a directive
Article 18
Text proposed by the CommissionAmendmentCommitteeExercise of the delegation1. The Commission shall be assisted by the Committee set up by Article 18 of European Parliament and Council Directive on waste 2006/12/EC of 5 April 2006.1. The powers to adopt delegated acts referred to in Articles 5 and 6 shall be conferred on the Commission for an indeterminate period of time. 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.2. As soon as it adopts a delegated act, the Commission shall notify it simultaneously to the European Parliament and to the Council.3. The powers to adopt delegated acts are conferred on the Commission subject to the conditions laid down in Articles 18a and 18b.(Linked to the replacement of the former"regulatory procedure with scrutiny"with the new procedure of delegated acts under Article 290 of the Treaty on the Functioning of the European Union.)
Justification
In the context of this directive, it seems appropriate to confer the powers on the Commission to adopt delegated acts for an indeterminate period of time.
Amendment 81
Proposal for a directive
Article 18 paragraph 1 a (new)
Text proposed by the CommissionAmendment1a. The Commission shall ensure that in the conduct of its activities it observes a balanced participation of Member States' representatives and all interested parties concerned, such as industry, including SMEs and craft industry, environmental protection groups and consumer organisations. Those parties shall meet in a consultation forum. The rules of procedure of the forum shall be established by the Commission.Justification
To reduce legal uncertainty and economic risks the exemptions mechanism should become more workable, clear and transparent. The consultation of stakeholder should be improved in establishing clearer rules of procedures. Therefore, a Consultation Forum similar to Directive 2009/125EC on Eco Design should be created to ensure a continuous and structured stakeholder consultation mechanism in the implementation process of the directive.
Amendment 82
Proposal for a directive
Article 18 a (new)
Text proposed by the CommissionAmendmentArticle 18aRevocation of the delegation1. The delegation of power referred to in Article 18 may be revoked at any time by the European Parliament or by the Council2. The institution which has commenced an internal procedure for deciding whether to revoke the delegation of power shall endeavour to inform the other institution and the Commission within a reasonable time before the final decision is taken, indicating the delegated powers which could be subject to revocation and possible reasons for a revocation.3. The decision of revocation shall put an end to the delegation of the powers specified in that decision. It shall take effect immediately or at a later date specified therein. It shall not affect the validity of the delegated acts already in force. It shall be published in the Official Journal of the European Union.(Linked to the replacement of the former"regulatory procedure with scrutiny"with the new procedure of delegated acts under Article 290 of the Treaty on the Functioning of the European Union.)
Justification
The possibility to revoke the delegation of powers should be included.
Amendment 83
Proposal for a directive
Article 18 b (new)
Text proposed by the CommissionAmendmentArticle 18bObjections to delegated acts1. The European Parliament or the Council may object to a delegated act within a period of two months from the date of notification. At the initiative of the European Parliament or the Council this period shall be extended by two months. 2. If, on expiry of that period, neither the European Parliament nor the Council has objected to the delegated act, it shall be published in the Official Journal of the European Union and shall enter into force at the date stated therein.
The delegated act may be published in the Official Journal of the European Union and enter into force before the expiry of that period, if the European Parliament and the Council have both informed the Commission of their intention not to raise objections.3. If the European Parliament or the Council objects to a delegated act, it shall not enter into force. The institution which objects shall state the reasons for objecting to the delegated act.(Linked to the replacement of the former"regulatory procedure with scrutiny"with the new procedure of delegated acts under Article 290 of the Treaty on the Functioning of the European Union.)
Justification
A two+two-month procedure should be included for objections to delegated acts. This would allow a relatively fast entry into force in non-controversial cases, while granting sufficient time in case of controversial cases.
Amendment 84
Proposal for a directive
Article 20 paragraph 2
Text proposed by the CommissionAmendmentThey shall apply those provisions from [].They shall apply those provisions from [*].* Insert date: 18 months after the publication of this Directive in the Official Journal of the European Union.Justification
The Commission did not specify when the provisions shall apply, as they wanted to leave this open to the legislator. In their views, there is no need to defer the application of the measures beyond the date of transposition into national law. It is therefore proposed that Member States shall apply the provisions from 18 months after publication of the Directive.
Amendment 85
Proposal for a directive
Annex I
Text proposed by the CommissionAmendmentCategories of electrical and electronic equipment covered by this DirectiveCategories of electrical and electronic equipment covered by this Directive1. Large household appliances1. Large appliances2. Small household appliances2. Small appliances3. IT and telecommunications equipment3. IT and telecommunications equipment4. Consumer equipment4. Consumer equipment5. Lighting equipment5. Lighting equipment6. Electrical and electronic tools (with the exception of large-scale stationary industrial tools) 6. Electrical and electronic tools7. Toys, leisure and sports equipment7. Toys, leisure and sports equipment8. Medical devices8. Medical devices.9. Monitoring and control instruments including industrial monitoring and control instruments9. Monitoring and control instruments including industrial monitoring and control instruments10. Automatic dispensers10. Automatic dispensers11. Other electrical and electronic equipment not covered by any of the categories aboveJustification
The term "household" has led to confusion and should thus be deleted. It is difficult to see why large scale industrial tools should be excluded from the scope, given that industrial monitoring and control instruments are included. In light of the different scope of restrictions and corresponding timelines for different categories of EEE, a list of categories of EEE should be maintained, but completed by a category that catches all EEE that is not covered by any of the current categories. This would ensure an open scope while allowing differentiation between different categories.
Amendment 86
Proposal for a directive
Annex II
Text proposed by the CommissionAmendmentAnnex deletedJustification
RoHS should apply to all EEE, not just to certain categories. Annex II is very confusing: it is meant to be a binding list of products, yet the list is not exhaustive, but only gives certain examples: ...appliances, including. This does not solve the problem of different interpretations of these categories. Annex II should be deleted, instead the general definition of EEE should apply.
Amendment 87
Proposal for a directive
Annex III
Text proposed by the CommissionAmendmentSubstances referred to in Article 4(7)Substances referred to in Article 6a1. Hexabromocyclododecane (HBCDD)1. Hexabromocyclododecane (HBCDD) and all major diastereoisomers identified;2. Bis (2-ethylhexyl) phthalate (DEHP)2. Bis (2-ethylhexyl) phthalate (DEHP)3. Butyl benzyl phthalate (BBP)3. Butyl benzyl phthalate (BBP)4. Dibutylphthalate (DBP)4. Dibutylphthalate (DBP)5. Arsenic compounds6. Beryllium and its compounds 7. Antimony trioxide8. Dinickeltrioxide9. Bisphenol A10. Organobromines 11. Organochlorines 12. Polyvinylchloride (PVC)13. Dinitrotoluene14. Diaminodiphenylmethane (MDA)15. 5-tert-butyl-2,4,6-trinitro-m-xylene (musk xylene) 16. Alkanes, chloro (Short Chain Chlorinated Paraffins)17. Aluminosilicate RefractoryCeramic Fibres18. Anthracene19. Anthracene oil20. Anthracene oil, anthracene paste21. Anthracene oil, anthracene paste, anthracene fraction22. Anthracene oil, anthracene paste,distn. lights23. Anthracene oil, anthracene-low24. Bis(tributyltin)oxide (TBTO)25. Cobalt dichloride26. Diarsenic pentaoxide27. Diarsenic trioxide28. Diisobutyl phthalate29. Lead chromate30. Lead chromate molybdate sulphate red 31. Lead hydrogen arsenate32. Lead sulfochromate yellow 33. Pitch, coal tar, high temp.34. Sodium dichromate35. Triethyl arsenate36. Tris(2-chloroethyl)phosphate37. Zirconia Aluminosilicate Refractory Ceramic FibresAmendment 88
Proposal for a directive
Annex IV
Text proposed by the CommissionAmendmentProhibited substances referred to in Article 4(7) and maximum concentration values tolerated by weight in homogeneous materialsProhibited substances referred to in Article 4(7) and maximum concentration values tolerated by weight in homogeneous materialsLead (0,1%)Lead (0,1%)Mercury (0,1%)Mercury (0,1%)Cadmium (0,01%)Cadmium (0,01%)Hexavalent chromium (0,1%)Hexavalent chromium (0,1%)Polybrominated biphenyls (PBB) (0,1%)Polybrominated biphenyls (PBB) (0,1%)Polybrominated diphenyl ethers(PBDE) (0,1%)Polybrominated diphenyl ethers(PBDE) (0,1%)Nanosilver (detection limit)Long multi-walled carbon nanotubes (detection limit)Justification
Nanosilver is already being used as an antimicrobial in EEE, e.g. as a coating for mobile phones, or even released by washing machines. Apart from such uses being superfluous, they endanger human health and the environment. Carbon nanotubes may be used in EEE, yet it has been shown that they can have asbestos-like properties. Respected authorities such as the UK Royal Commission on Environmental Pollution, the UK Health and Safety Executive or the German Environment Agency have raised concern about these nanomaterials or even recommended against their use.
Amendment 89
Proposal for a directive
Annex V title and introductory part (new)
Text proposed by the CommissionAmendmentApplications exempted from the ban in Article 4(1)Applications exempted from the ban in Article 4(1) as regards categories 1, 2, 3, 4, 5, 6, 7 and 10Unless otherwise stated, the exemptions of the applications in this Annex shall expire on [*].* Insert date: 48 months after entry into force.Justification
Clarification of the Commission's intention that Annex V is not valid for categories 8 and 9. This is to be read in conjunction with compromise 2a point 4a, which creates a review mechanism of the application of the exemptions in this Annex for categories 8 and 9, with default application of the exemptions in this annex to categories 8 and 9 in case no decision is taken within 18 months.
Amendment 90
Proposal for a directive
Annex VI subheading 1
Text proposed by the CommissionAmendmentEquipment utilising or detecting ionising radiationdeletedJustification
ERA concluded in its study asked for by the Commission (2006-0383) that the inclusion of medical devices in the scope would be possible, but manufacturers would require certain exemptions. ERA also recommended that a temporary exemption for lead in solders should be re-considered nearer to the time that the RoHS Directive is amended. In the course of a new ERA Report (2009-0394) manufacturers of some complex medical apparatus have discovered that these cannot yet ensure long term reliability without lead. This should be taken into consideration in the recast.
Amendment 91
Proposal for a directive
Annex VI introductory part (new)
Text proposed by the CommissionAmendmentUnless stated differently, the applications in this Annex shall expire eight years after the dates referred to in Article 4(3).Amendment 92
Proposal for a directive
Annex VI point 5
Text proposed by the CommissionAmendment5 Lead in shielding for ionising radiation5 Lead in shielding, collimators and scattering control devices and grids for ionising radiationJustification
See justification to Annex VI - introductory part
Amendment 93
Proposal for a directive
Annex VI point 6
Text proposed by the CommissionAmendment6 Lead in X-ray test objects.6 Lead in ionising radiation test objects and X-ray markersJustification
See justification to Annex VI - introductory part.
Amendment 94
Proposal for a directive
Annex VI point 8
Text proposed by the CommissionAmendment8 Radioactive cadmium isotope source for portable X-ray fluorescence spectrometers Sensors, detectors and electrodes (plus item 1)8 Radioactive cadmium isotope source for portable X-ray fluorescence spectrometers Justification
See justification to Annex VI - introductory part
Amendment 95
Proposal for a directive
Annex VI subheading 2
Text proposed by the CommissionAmendmentOthersdeletedJustification
See justification for Annex VI - introductory part.
Amendment 96
Proposal for a directive
Annex VI point 10
Text proposed by the CommissionAmendment10 Lead and cadmium in atomic adsorption spectroscopy lamps10 Lead and cadmium in atomic absorption spectroscopy lampsJustification
See justification to Annex VI - introductory part.
Amendment 97
Proposal for a directive
Annex VI point 11
Text proposed by the CommissionAmendment11 Lead in alloys as a superconductor and thermal conductor in MRI11 Lead in alloys as a superconductor and thermal conductor in MRI and MEGJustification
See justification to Annex VI - introductory part
Amendment 98
Proposal for a directive
Annex VI point 17
Text proposed by the CommissionAmendment17 Lead in solders in portable emergency defibrillators17 Lead in solders in Class II portable defibrillators, Class II patient-worn devices and portable ultrasound equipment and portable patient monitoring equipmentJustification
See justification to Annex VI - introductory part.
Amendment 99
Proposal for a directive
Annex VI point 20 a 20 w (new)
Text proposed by the CommissionAmendment20a Lead in sold e r s a n d i n c o m p o n e n t t e r m i n a t i o n s a n d c o n n e c t o r t e r m i n a l s o f M a g n e t i c R e s o n a n c e I m a g i n g a n d M a g n e t o e n c e p h a l o g r a p h y t h a t o p e r a t e a t t e m p e r a t u r e s l o w e r t h a n - 5 0 %C 2 0 b L e a d i n t e r m i n a t i o n c o a t i n g s o f n o n - m a g n e t i c c o m p o n e n t s u s e d i n M a g n e t i c R e s o n a n c e I m a g i ng and Magnetoencephalography and solders used to bond these non-magnetic components20c Lead in solders and in component termination coatings used for assembly of printed circuit boards of medical devices that include BGA, CSP, QFN, and similar devices and medical devices used for imaging including CT, PET, SPECT, MEG, MRI and molecular imaging and for medical devices used for radiation and particle therapy20d Lead in solder used for assembly of printed circuit boards used for mounting semiconductor digital array detectors, e.g. cadmium zinc telluride and pin-grid array digital X-ray detectors20e Lead and hexavalent chromium in components specifically designed for industry sectors that are out of scope of the RoHS directive and utilised as components in medical devices20f Lead as a dry lubricant in copper and aluminium alloys for locations exposed to ionising radiation20g Lead for vacuum-tight seals of image intensifiers20h Hexavalent chromium in in-situ alkali dispensers20i Cadmium in output phosphors of image intensifiers20j Lead acetate marker for use in stereotactic head-frames for use with CT and MRI20k Lead and hexavalent chromium in component parts from used X-ray tubes that were put onto the EU market prior to 1 January 2014 and re-used in new X-ray tubes from 1 January 2014 until 31 December 2019.20l Mercury in straight fluorescent lamps for special purposes.20m Lead in the glass of cathode ray tubes, electronic components and fluorescent tubes.20n 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 weight20o - Lead in high melting temperature type solders (i.e. lead based alloys 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 telecommunication. Lead in electronic ceramic parts (e.g. piezo-electronic devices). 20p Cadmium and its compounds in electrical contacts and cadmium plating except for applications banned under Directive 91/338/EEC amending Directive 76/769/EEC20q Lead used in compliant pin connector systems 20r Lead and cadmium in optical and filter glass 20s 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.20t Lead in solders to complete a viable electrical connection between semiconductor die and carrier within integrated circuit Flip Chip packages.20u 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. 20v Lead in solders for the soldering to machines through hole discoidial and planar array ceramic multilayer capacitors.20w Lead oxide in seal frit used for making window assemblies for Argon and Krypton laser tubes.Justification
See justification for Annex VI - introductory part.
Amendment 100
Proposal for a directive
Annex VI a (new)
Text proposed by the CommissionAmendmentAnnex VIaApplications exempted from the ban in Article 4(1) as regards Category 11Unless stated differently, the applications in this Annex shall expire four years after the date referred to in Article 2(1a).Amendment 101
Proposal for a directive
Annex VI b (new)
Text proposed by the CommissionAmendmentAnnex VIbApplication for exemption from Article 4(1) or for renewal or deletion of such an exemptionApplications may be submitted by a manufacturer, an authorised representative of a manufacturer, or any actor in the supply chain and shall include at least the following:(a) the name, address and contact details of the applicant;(b) information on the material or component and the specific uses of the substance in the material and component concerned and its particular characteristics;(c) a verifiable and fully referenced justification on the basis of the conditions established in Article 5;(d) an analysis of possible alternative substances, materials or designs on a life-cycle basis, including, when available, information and peer-reviewed studies about independent research, and development activities by the applicant;(e) an analysis of the availability of the alternatives referred to in point (d);(f) a timetable for proposed actions by the applicant to develop, to request the development and/or to apply possible alternatives referred to in point (d);(g) where appropriate, an indication of the information which should be regarded as proprietary accompanied by verifiable justification;(h) a proposal for a precise and clear wording for the exemption;(i) a summary of the application.Amendment 102
Proposal for a directive
Annex VII point 6
Text proposed by the CommissionAmendment6. Where applicable, references to the relevant harmonised standards used or references to the specifications in relation to which conformity is declared:6. Where applicable, references to the relevant harmonised standards used or references to the technical specifications in relation to which conformity is declared:Justification
This is an alignment in line with the introduction of a definition for a 'technical specification'.
Amendment 103
Proposal for a directive
Annex VII point 7
Text proposed by the CommissionAmendment7. Where applicable, the notified body ... (name, number) performed (description of intervention) and issued the certificate: deletedJustification
This is a correction of an error in the Commission proposal. There are no notified bodies for RoHS.
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