24 Amendments of Åsa WESTLUND related to 2008/0240(COD)
Amendment 79 #
Proposal for a directive
Recital 3a (new)
Recital 3a (new)
(3a) 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.
Amendment 80 #
Proposal for a directive
Recital 3b (new)
Recital 3b (new)
(3b) 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 are "major gaps in the knowledge necessary for risk assessment and concludes 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 holds for nanosilver particles which may end up in the environment and may have severe impact on soil, aquatic and terrestrial organisms.
Amendment 105 #
Proposal for a directive
Article 1
Article 1
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 the environment, human health and the environmentally sound recovery and disposal of waste electrical and electronic equipment.
Amendment 111 #
Proposal for a directive
Article 2 - paragraph 2
Article 2 - paragraph 2
Amendment 148 #
Proposal for a directive
Article 2 - paragraph 3 a (new)
Article 2 - paragraph 3 a (new)
3a. Notwithstanding the exclusion from the scope of this Directive, economic operators shall take all measures necessary to 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 160 #
Proposal for a directive
Article 3 - point p a (new)
Article 3 - point p a (new)
(pa) ‘nanomaterial’ means any intentionally produced material that has one or more dimensions of the order up to 300 nm or is composed of discrete functional parts, either internally or at the surface, many of which have one or more dimensions up to the order of 300 nm, including structures, agglomerates or aggregates, and those which may have a size above the order of 300 nm but retain properties that are characteristic to the nanoscale: (i) properties related to the large specific surface area of the materials considered; (ii) specific physico-chemical properties that are different from those of the non- nanoform of the same material.
Amendment 175 #
Proposal for a directive
Article 3 - point p a (new)
Article 3 - point p a (new)
(pa) “nanomaterial”: any intentionally produced material in which the particle size has been altered.
Amendment 183 #
Proposal for a directive
Article 4 - paragraph 1 b (new)
Article 4 - paragraph 1 b (new)
1b. Member States shall ensure that EEE including substances listed in Annex IVa are labelled as per a methodology to be developed under Article 6 paragraph 1 indent 3 a (new).
Amendment 184 #
Proposal for a directive
Article 4 - paragraph 4
Article 4 - paragraph 4
Amendment 205 #
Proposal for a directive
Article 4 - paragraph 7
Article 4 - paragraph 7
7. When there is an unacceptable risk to human health or the environment, arising from the use of substances, and in particular the substances listed in Annex III, which needs to be addressed on a Community-wide basis, the list of prohibited substances in Annex IV shall be reviewed using a methodology based on the process set out in Articles 69 to 72 of Regulation (EC) No 1907/2006. Those measures designed to amend non essential elements of this Directive shall be adopted in accordance with the regulatory procedure with scrutiny referred to in Article 18(2)
Amendment 216 #
Proposal for a directive
Article 5 - paragraph 1 - point b - 3rd indent
Article 5 - paragraph 1 - point b - 3rd indent
- 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;.
Amendment 228 #
Proposal for a directive
Article 5 - paragraph 2
Article 5 - paragraph 2
2. Measures adopted in accordance with point b of paragraph 1 shall have a maximum validity period of four years and may be renewed. The Commission shall decide in due time on any application for renewal that is submitted no later than 18 months before an exemption expiresvalidity period of up to four years, decided on a case-by-case basis, for categories 1, 2, 3, 4, 5, 6, 7, 10 and 11 of Annex I and a maximum validity period of up to 8 years, decided on a case-by-case basis, for categories 8 and 9 of Annex I. Exemptions may be renewed. The Commission shall decide no later than six months before an exemption expires on any application for renewal that is submitted no later than 18 months before an exemption expires. Where the Commission considers that more than the time until expiry of the exemption is necessary for regulatory certification procedures or to ensure adequate availability of substitutes, it shall grant a grace period after 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 time of expiry of the exemption. Those measures, designed to amend non- essential elements of this Directive, shall be adopted according to Article 290 TFEU.
Amendment 255 #
Proposal for a directive
Article 6 - paragraph 1 - indent 1
Article 6 - paragraph 1 - indent 1
- applications for the exemption including a format and types of verifiable information to be provided and comprehensive guidance when introducing those applications, including analysis of the alternatives on a life-cycle basis and, if suitable alternatives are available, substitution plans as referred to in Regulation (EC) No 1907/2006, including transition times necessary for regulatory certification and sufficient supply of suitable alternatives. A clear timeline for exemption procedures, including relevant references to ECHA procedures, should be available on the Commission's website. Dossiers and documents to be provided for the application for exemption should, as far as possible, refer to data and documentation needed for the authorisation procedure under Regulation (EC) No 1907/2006 (REACH).
Amendment 258 #
Proposal for a directive
Article 6 - paragraph 1 - indent 3
Article 6 - paragraph 1 - indent 3
- The implementation of Article 5(2), taking into account the need for legal certainty for economic operators pending aconcerning review, the latest application and the expiry dates of the Commission Decision on the renewal of exemptions.
Amendment 261 #
Proposal for a directive
Article 6 - paragraph 1 - indent 3 a (new)
Article 6 - paragraph 1 - indent 3 a (new)
- labelling requirements for the substances included in Annex IVa (new) in accordance with Article 4(1)b (new), with regard to the improvement of recyclability. These requirements shall take into account provisions under Directive 2005/32/EC of the European Parliament and of the Council of 6 July 2005 establishing a framework for the setting of eco-design requirements for energy-using products, avoiding the creation of overlaps with the latter but establishing synergies where possible. A standard for the identification and detection of nanomaterials needs to be developed, to be used for this Directive, but also in view of broader application for other legislation with relevance to nanomaterials.
Amendment 262 #
Proposal for a directive
Article 6 - paragraph 1 - indent 3 b (new)
Article 6 - paragraph 1 - indent 3 b (new)
- the broadening and potential institutionalisation of channels for exchange with third countries, be it via regulatory dialogues, international helpdesks or training programmes, so to ensure that information on RoHS provisions is available and understood in third countries.
Amendment 267 #
Proposal for a directive
Article 6 - paragraph 1 b (new)
Article 6 - paragraph 1 b (new)
The Commission shall also, by that date, review the scope and the list of exclusions in Article 2 of this Directive and, based on a comprehensive impact assessment, suggest the inclusion of further product categories if deemed beneficial in view of this Directive's objectives. Specific attention should be given to the potential inclusion of specific consumables and accessories, or of equipment which is part of another type of equipment that does not fall within the scope of this Directive according to Article 2.
Amendment 268 #
Proposal for a directive
Article 6 a (new)
Article 6 a (new)
Amendment 273 #
Proposal for a directive
Article 6 b (new)
Article 6 b (new)
Where new restrictions or authorisation duties are adopted pursuant to Regulation (EC) No 1907/2006 with regard to hazardous substances in EEE, the relevant Annexes of this Directive shall be amended accordingly. Those measures, designed to amend non- essential elements of this Directive, shall be adopted according to Article 290 of the Treaty.
Amendment 274 #
Proposal for a directive
Article 7 - paragraph 5
Article 7 - paragraph 5
5. When deemed appropriate with regard to the risks presented by a product, manufacturers shall, to protect the environment and human 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.
Amendment 275 #
Proposal for a directive
Article 7 - paragraph 8
Article 7 - paragraph 8
8. Manufacturers who consider or have reason to believe that a EEE which they have placed on the market is not in conformity with the applicable Community harmonisation legislation shall immediately take the necessary corrective measures to bring that EEE into conformity, to withdraw it or recall it, if appropriate. Furthermore, where the EEE presents a risk, manufacturers shall immediately inform the competent national authorities of the Member States in which they made the EEE available to that effect, giving details, in particular, of the non- compliance and of any corrective measures taken.
Amendment 276 #
Proposal for a directive
Article 7 - paragraph 9
Article 7 - paragraph 9
9. Manufacturers shall, further to a reasoned request from a competent national authority, provide it with all the information and documentation necessary to demonstrate the conformity of the EEE, in a language which can be easily understood by that authority. They shall cooperate with that authority, at its request, on any action taken to eliminate the risks posed by EEE which they have placed on the market.
Amendment 309 #
Proposal for a directive
Annex III
Annex III
Substances referred to in Article 4(7) 1. Hexabromocyclododecane (HBCDD) 2. Bis (2-ethylhexyl) phthalate (DEHP) 3. Butyl benzyl phthalate (BBP) 4. Dibutylphthalate (DBPArsenic compounds 2. Beryllium and its compounds 3. Antimony trioxide 4. Dinickel trioxide 5. Bisphenol A 6. Brominated organic substances other than brominated flame retardants 7. Chlorinated organic substances other than chlorinated flame retardants or plasticisers 8. Nanomaterial 9. Silver ions used for biocide 10. Substances of very high concern which appear on the candidate list referred to in Article 59(1) of Regulation (EC) No. 1907/2006)
Amendment 317 #
Proposal for a directive
Annex IVa (new)
Annex IVa (new)
(Annex IV a) 1. Nano-silver 2. Asbestos like carbon-nanotubes 3. Beryllium metall 4. Berylllium oxide (BeO)