Procedure : 2017/0013(COD)
Document stages in plenary
Document selected : A8-0205/2017

Texts tabled :

A8-0205/2017

Debates :

Votes :

PV 03/10/2017 - 4.2

Texts adopted :

P8_TA(2017)0362

REPORT     ***I
PDF 485kWORD 77k
1.6.2017
PE 602.843v05-00 A8-0205/2017

on the proposal for a directive of the European Parliament and of the Council amending Directive 2011/65/EU on the restriction of the use of certain hazardous substances in electrical and electronic equipment

(COM(2017)0038 – C8‑0021/2017 – 2017/0013(COD))

Committee on the Environment, Public Health and Food Safety

Rapporteur: Adina-Ioana Vălean

AMENDMENTS
DRAFT EUROPEAN PARLIAMENT LEGISLATIVE RESOLUTION
 EXPLANATORY STATEMENT
 PROCEDURE – COMMITTEE RESPONSIBLE
 FINAL VOTE BY ROLL CALL IN COMMITTEE RESPONSIBLE

DRAFT EUROPEAN PARLIAMENT LEGISLATIVE RESOLUTION

on the proposal for a directive of the European Parliament and of the Council amending Directive 2011/65/EU on the restriction of the use of certain hazardous substances in electrical and electronic equipment

(COM(2017)0038 – C8‑0021/2017 – 2017/0013(COD))

(Ordinary legislative procedure: first reading)

The European Parliament,

–  having regard to the Commission proposal to Parliament and the Council (COM(2017)0038),

–  having regard to Article 294(2) and Article 114 of the Treaty on the Functioning of the European Union, pursuant to which the Commission submitted the proposal to Parliament (C8‑0021/2017),

–  having regard to Article 294(3) of the Treaty on the Functioning of the European Union,

–  after consulting the European Economic and Social Committee,

–  after consulting the Committee of the Regions,

–  having regard to Rule 59 of its Rules of Procedure,

–  having regard to the report of the Committee on the Environment, Public Health and Food Safety (A8-0205/2017),

1.  Adopts its position at first reading hereinafter set out;

2.  Calls on the Commission to refer the matter to Parliament again if it replaces, substantially amends or intends to substantially amend its proposal;

3.  Instructs its President to forward its position to the Council, the Commission and the national parliaments.

Amendment    1

Proposal for a directive

Recital 2

Text proposed by the Commission

Amendment

(2)  Secondary market operations for electrical and electronic equipment (EEE), involving repair, replacement of spare parts, refurbishment and reuse, should be facilitated to promote a circular economy in the Union. A high level of protection of human health and the environment should be ensured, including through the environmentally sound recovery and disposal of waste electrical and electronic equipment. Unnecessary administrative burden on market operators should be avoided. Directive 2011/65/EU allows EEE that fell outside the scope of the previous Directive 2002/95/EC of the European Parliament and of the Council6 , but which would not comply with Directive 2011/65/EU, to continue to be made available on the market until 22 July 2019. After that date, however, both the first placing on the market and secondary market operations of non-compliant EEE are prohibited. Such prohibition of secondary market operations is inconsistent with the general principles underlying Union measures for the approximation of laws relating to products and should therefore be removed.

(2)  Secondary market operations for electrical and electronic equipment (EEE), involving repair, replacement of spare parts, refurbishment and reuse, and retrofitting, should be facilitated to promote a circular economy in the Union. A high level of protection of human health and the environment should be ensured, including through the environmentally sound recovery and disposal of waste electrical and electronic equipment. Unnecessary administrative burden on market operators should be avoided. Directive 2011/65/EU allows EEE that fell outside the scope of the previous Directive 2002/95/EC of the European Parliament and of the Council6 , but which would not comply with Directive 2011/65/EU, to continue to be made available on the market until 22 July 2019. After that date, however, both the first placing on the market and secondary market operations of non-compliant EEE are prohibited. Such prohibition of secondary market operations is inconsistent with the general principles underlying Union measures for the approximation of laws relating to products and should therefore be removed.

_________________

_________________

6 Directive 2002/95/EC of the European Parliament and of the Council of 27 January 2003 on the restriction of the use of certain hazardous substances in electrical and electronic equipment (OJ L 37, 13.2.2003, p. 19).

6 Directive 2002/95/EC of the European Parliament and of the Council of 27 January 2003 on the restriction of the use of certain hazardous substances in electrical and electronic equipment (OJ L 37, 13.2.2003, p. 19).

Justification

To support the wide idea of circular economy we should also use retrofit as a process for assessing the condition of existing equipment in order to decide, which components need to be replaced, which ones need to be repaired or modified and which ones can be reused, all based also on the future requirements of the equipment owner/user.

Amendment    2

Proposal for a directive

Article 1 – paragraph 1 – point 4 – point -a (new)

Directive 2011/65/EU

Article 5 – paragraph 1 – subparagraph 1 a (new)

 

Text proposed by the Commission

Amendment

 

(-a)  in paragraph 1, the following subparagraph is added:

 

'An individual delegated act may cover a limited number of technically-related or interdependent measures.'

Amendment    3

Proposal for a directive

Article 1 – paragraph 1 – point 4 – point a a (new)

Directive 2011/65/EU

Article 5 – paragraph 4 – point b a (new)

 

Text proposed by the Commission

Amendment

 

(aa)  in paragraph 4, the following point is inserted:

 

'(ba)   within one month of receipt of an application, provide to the applicant, the Member States and the European Parliament a clear timeline for the adoption of its decision;'

Amendment    4

Proposal for a directive

Article 1 – paragraph 1 – point 4 a (new)

Directive 2011/65/EU

Article 24 – paragraph 2

 

Present text

Amendment

 

(4a)  in Article 24, paragraph 2 is replaced by the following:

2.   No later than 22 July 2021 the Commission shall carry out a general review of this Directive, and shall present a report to the European Parliament and the Council accompanied, if appropriate, by a legislative proposal.

'2.   No later than 22 July 2021 the Commission shall carry out a general review of this Directive, and shall present a report to the European Parliament and the Council accompanied by a legislative proposal.'


EXPLANATORY STATEMENT

Context

EU legislation to restrict the use of certain hazardous substances in electrical and electronic equipment (EEE) has been in force since August 2004. The ‘RoHS legislation’ contributes to reducing the risks to health and the environment relating to those substances. The current Directive, Directive 2011/65/EU on the restriction of the use of certain hazardous substances in EEE (or RoHS 2) entered into force in July 2011. It is a recast of an earlier Directive (Directive 2002/95/EC, or RoHS 1).

The Commission’s proposal amends the scope of RoHS 2. This scope review is explicitly required in the Directive (Article 24(1)). It aims to tackle ‘unintended side-effects’ of the Directive that would arise after 22 July 2019. The proposal comes late, as the deadline stipulated in RoHS 2 is 22 July 2014.

The Rapporteur welcomes the Commission’s legislative proposal as a necessary step to solve pressing issues linked to the current wording of RoHS 2, therefore increasing legal certainty while preserving the environment and public health. The scope review of RoHS 2 will particularly help to preserve jobs in SMEs, support the public health sector relying on refurbished medical equipment, and foster a circular economy.

The Rapporteur would like to stress that the objective of this scope review is not to address the whole functioning of RoHS 2. The Rapporteur believes that possible deeper changes to the RoHS 2 Directive should not be the purpose of this procedure, but rather of the upcoming general review of the Directive, to be carried out by the Commission by 22 July 2021, as laid down in Article 24(2).

RoHS 2

In short, RoHS 2 lays down rules on the restriction of the use of certain hazardous substances in EEE (lead, mercury, cadmium, hexavalent chromium, polybrominated biphenyls (PBB), polybrominated diphenyl ethers (PBDE)). As set out in Commission Delegated Directive (EU) 2015/863, the restriction of four phthalates will apply from 22 July 2019 (Bis(2-ethylhexyl) phthalate (DEHP), butyl benzyl phthalate (BBP), dibutyl phthalate (DBP), diisobutyl phthalate (DIBP)). These substances should not be present above a prescribed amount. The list of restricted substances is reviewed periodically by the Commission on its own initiative or following the submission of a proposal by a Member State (Article 6).

Several product groups are explicitly excluded from the scope of the Directive (Article 2(4)), such as equipment designed to be sent into space. In addition, materials and components of EEE for specific applications may be exempted from the substance restriction for a limited period of time, by means of delegated acts. Exemptions should not weaken the environmental and health protection afforded by Regulation (EC) No 1907/2006 (REACH) and any of the following conditions should be fulfilled: the reliability of substitutes is not ensured, or the elimination or substitution of the restricted substances is scientifically or technically impracticable, or the total negative environmental, health and consumer safety impacts caused by substitution are likely to outweight the total environmental, health and consumer safety benefits thereof (Article 5).

The Rapporteur believes that the upcoming general review of RoHS 2 should be accompanied by a legislative proposal.

RoHS 2 has an expanded scope compared to RoHS 1: it covers medical devices and monitoring and control instruments, and is characterised by the so-called ‘open scope’ linked to the setting up of a new category 11 (‘Other EEE not covered by any of the other categories’) in Annex I, listing the categories of EEE covered by RoHS 2. Furthermore, the definition of EEE is broader than in RoHS 1: EEE is any piece of equipment that needs electric currents or electromagnetic fields for at least one intended function. In this context, the notion of ‘new-in-scope EEE’ refers to EEE that was outside the scope of RoHS 1 but that is now covered by RoHS 2.

The proposal

As mentioned above, the Commission proposal aims at tackling scope problems of RoHS 2, which would arise after 22 July 2019. This date corresponds to the end of the transitional period of eight years introduced by RoHS 2 during which new-in-scope EEE does not need to comply with the requirements of RoHS 2 and is still allowed to be made available on the EU market (Article 2(2)). The proposal particularly introduces provisions solving the following four problems:

  The current wording of RoHS 2 means that secondary market operations (e.g. reselling, second-hand market) for medical devices, monitoring and control instruments and other new-in-scope EEE (e.g. lawnmowers with electric ignition, electric bicycles) would be forbidden after 22 July 2019. This situation would be against the principles of a circular economy, particularly as it would reduce the lifetime of many products, especially when secondary markets for refurbished equipment exist. In addition, this situation would not be in line with the general harmonisation of EU product legislation.

  After 22 July 2019, it would not be possible to repair new-in-scope EEE other than medical devices and monitoring and control instruments with spare parts that are not compliant with RoHS 2. This situation would also shorten the lifetime of this category of EEE, which would need to be scrapped earlier.

  Due to the current wording of the definition of Non-Road Mobile Machinery made available exclusively for professional use (NRMM), two very similar types of NRMM would be treated differently after 22 July 2019: NRMM with an on-board power source (battery or engine) would be excluded from the scope of RoHS 2, whereas NRMM with an external power source (cord-connected) would fall within the scope of RoHS 2. Certain types of NRMM are produced on the same production lines, the only difference being the power source. This situation could lead to a phase out of cord-powered models, while the environmental benefits of these NRMM being in scope would be limited.

  Pipe organs placement on the EU market would be prohibited. Pipe organs are new-in-scope products, as they use electrical components (i.e. electric blowers), and their pipes are made of lead alloys, for which there are no substitutes. Due to the presence of electrical components, the whole organ, including the pipes, falls under the scope of RoHS 2, which means that pipe organs would not be RoHS 2 compliant after 22 July 2019 and their sale would be prohibited.

The proposal also amends Article 5 on exemptions, setting a maximum validity period for exemptions applicable to category 11 EEE and deleting the deadline for the Commission’s decision on the renewal of existing exemptions. In any case, exemptions remain valid until a decision on the renewal application is taken by the Commission, and at least 12 months afterwards in case it is revoked. In view of the growing number and complexity of exemptions under RoHS, and for the sake of better regulation and legal predictability, the Rapporteur introduces a requirement for the Commission to provide to the applicant, the Member States and the European Parliament a clear timeline for the adoption of its decision, within one month after receipt of an application for an exemption.


PROCEDURE – COMMITTEE RESPONSIBLE

Title

Restriction of the use of certain hazardous substances in electrical and electronic equipment

References

COM(2017)0038 – C8-0021/2017 – 2017/0013(COD)

Date submitted to Parliament

25.1.2017

 

 

 

Committee responsible

       Date announced in plenary

ENVI

1.2.2017

 

 

 

Committees asked for opinions

       Date announced in plenary

ITRE

1.2.2017

JURI

1.2.2017

 

 

Not delivering opinions

       Date of decision

ITRE

28.2.2017

JURI

28.2.2017

 

 

Rapporteurs

       Date appointed

Adina-Ioana Vălean

31.1.2017

 

 

 

Discussed in committee

4.5.2017

 

 

 

Date adopted

30.5.2017

 

 

 

Result of final vote

+:

–:

0:

59

1

0

Members present for the final vote

Marco Affronte, Margrete Auken, Pilar Ayuso, Zoltán Balczó, Catherine Bearder, Ivo Belet, Simona Bonafè, Biljana Borzan, Paul Brannen, Nessa Childers, Birgit Collin-Langen, Mireille D’Ornano, Miriam Dalli, Seb Dance, Mark Demesmaeker, Stefan Eck, Bas Eickhout, José Inácio Faria, Karl-Heinz Florenz, Francesc Gambús, Elisabetta Gardini, Gerben-Jan Gerbrandy, Arne Gericke, Jens Gieseke, Julie Girling, Françoise Grossetête, Jytte Guteland, Anneli Jäätteenmäki, Benedek Jávor, Josu Juaristi Abaunz, Karin Kadenbach, Kateřina Konečná, Urszula Krupa, Giovanni La Via, Jo Leinen, Norbert Lins, Valentinas Mazuronis, Susanne Melior, Miroslav Mikolášik, Massimo Paolucci, Gilles Pargneaux, Pavel Poc, Frédérique Ries, Annie Schreijer-Pierik, Davor Škrlec, Renate Sommer, Claudiu Ciprian Tănăsescu, Ivica Tolić, Nils Torvalds, Adina-Ioana Vălean, Jadwiga Wiśniewska, Damiano Zoffoli

Substitutes present for the final vote

Jørn Dohrmann, Eleonora Evi, Robert Jarosław Iwaszkiewicz, Merja Kyllönen, Stefano Maullu, Christel Schaldemose

Substitutes under Rule 200(2) present for the final vote

Pál Csáky, Siôn Simon

Date tabled

1.6.2017


FINAL VOTE BY ROLL CALL IN COMMITTEE RESPONSIBLE

59

+

ALDE

Catherine Bearder, Gerben-Jan Gerbrandy, Anneli Jäätteenmäki, Valentinas Mazuronis, Frédérique Ries, Nils Torvalds

ECR

Mark Demesmaeker, Jørn Dohrmann, Arne Gericke, Julie Girling, Urszula Krupa, Jadwiga Wiśniewska

EFDD

Eleonora Evi, Robert Jarosław Iwaszkiewicz

GUE/NGL

Stefan Eck, Josu Juaristi Abaunz, Kateřina Konečná, Merja Kyllönen

NI

Zoltán Balczó

PPE

Pilar Ayuso, Ivo Belet, Birgit Collin-Langen, Pál Csáky, José Inácio Faria, Karl-Heinz Florenz, Francesc Gambús, Elisabetta Gardini, Jens Gieseke, Françoise Grossetête, Giovanni La Via, Norbert Lins, Stefano Maullu, Miroslav Mikolášik, Annie Schreijer-Pierik, Renate Sommer, Ivica Tolić, Adina-Ioana Vălean

S&D

Simona Bonafè, Biljana Borzan, Paul Brannen, Nessa Childers, Miriam Dalli, Seb Dance, Jytte Guteland, Karin Kadenbach, Jo Leinen, Susanne Melior, Massimo Paolucci, Gilles Pargneaux, Pavel Poc, Christel Schaldemose, Siôn Simon, Claudiu Ciprian Tănăsescu, Damiano Zoffoli

VERTS/ALE

Marco Affronte, Margrete Auken, Bas Eickhout, Benedek Jávor, Davor Škrlec

1

-

ENF

Mireille D'Ornano

0

0

 

 

Key to symbols:

+  :  in favour

-  :  against

0  :  abstention

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