BETA

Activities of Bogusław SONIK related to 2008/0240(COD)

Plenary speeches (2)

2016/11/22
Dossiers: 2008/0240(COD)

2016/11/22
Dossiers: 2008/0240(COD)

Amendments (34)

Bogusław SONIK

Proposal for a directive
Recital 14

(14) Exemptions from the prohibition for certain specific materials or components should be ~~limited in their scope, in order~~classified into scientific exemptions and technical exemptions. They should be clearly identified and differentiated on the basis of type. Exemptions of a type indicating that it is impossible or technically difficult to use a substitute product should be subject to review every four years. Exemptions of a type indicating that the physicochemical properties of the element or material cannot be replaced by a substitute in a given application should be subject to review every 10 years. The purpose of such reviews is 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~~will become avoidable.

2010/03/19
Committee: ENVI

Bogusław SONIK

Proposal for a directive
Recital 20

(20) In particular the Commission should be empowered to adapt Annexes I~~I, 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.

2010/03/19
Committee: ENVI

Bogusław SONIK

Proposal for a directive
Article 2 - paragraph 1

1. This Directive shall apply to electrical and electronic equipment ~~falling under the categories set out in Annex I as specified in Annex II~~.

2010/03/19
Committee: ENVI

Bogusław SONIK

Proposal for a directive
Article 2 - paragraph 2

2. This Directive shall apply without prejudice to requirements of Community 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 end-of-life vehicles1, as well as of specific Community waste management legislation. ____________ 1 OJ L 269, 21.10.2000, p. 34.

2010/03/19
Committee: ENVI

Bogusław SONIK

Proposal for a directive
Article 2 - paragraph 3

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; (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 fulfil 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 the applications listed in Annex IIIa.

2010/03/19
Committee: ENVI

Bogusław SONIK

Proposal for a directive – amending act
Article 3 - point p a (new)

(pa) 'working properly' refers to the operation of the function using the most energy;

2010/03/19
Committee: ENVI

Bogusław SONIK

Proposal for a directive
Article 3 - point p b (new)

(pb) 'type-A exemption' means an exemption from applications exempted from the ban referred to in Article 4(1) for which technical solutions permitting the production of equipment of the same quality using substitute products do not exist or are not generally available;

2010/03/19
Committee: ENVI

Bogusław SONIK

Proposal for a directive
Article 3 - point p c (new)

(pc) 'type-B exemption' means an exemption from applications exempted from the ban referred to in Article 4(1) for which it is not physically possible to develop a technique for manufacturing equipment of the same quality, or there are no physicochemical elements with which to do so.

2010/03/19
Committee: ENVI

Bogusław SONIK

Proposal for a directive
Article 4 - paragraph 4

4. Paragraph 1 shall not apply to spare parts for the repair or to the reuse of the following: (a) EEE placed on the market before 1 July 2006. (b) Medical devices placed on the market before 1st January 2014. (c) In vitro diagnostic medical devices placed on the market before 1st January 2016. (d) Monitoring and control instruments placed on the market before 1st January 2014. (e) Industrial monitoring and control instruments placed on the market before 1st January 2017. (f) EEE which benefits from an exemption and was placed on the market before that exemption expired.deleted

2010/03/19
Committee: ENVI

Bogusław SONIK

Proposal for a directive
Article 4 - paragraph 5

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

2010/03/19
Committee: ENVI

Bogusław SONIK

Proposal for a directive
Article 4 - paragraph 6

6. Paragraph 1 shall not apply to the applications listed in Annex~~es V and VI~~ V.

2010/03/19
Committee: ENVI

Bogusław SONIK

Proposal for a directive
Article 4 - paragraph 7

7. WThe~~n 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 add~~ Commission shall, taking account of the precautionary principle, review and amend the list of prohibited substances in Annex IV if it is considered that a substance contained in EEE or the waste products from it is detrimental to the environmentally sound recovery and disposal of waste electrical and electronic equipment or has an adverse impact on human health or the environment during use and waste treatment of EEE. For this purposes the Commission shall adopt a methodology to review and amend Annex IV taking special account of whether the substance: (a) could have a negative impact on the possibilities for preparing for the resuse~~d 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~~ of EEE or for recycling of materials from WEEE; (b) could give rise to uncontrolled or diffuse dispersion to the environment of the substance or of hazardous residues or of degradation products during preparations for the reuse, recycling or other treatment of materials from WEEE; (c) could result in unacceptable exposure of workers involved in the collection or treatment of WEEE. Such a methodology shall take into account the need to ensure coherence with other legislation related to chemicals, in particular Regulation (EC) No 1907/2006 (REACH), and shall use the knowledge obtained from the application of such legislation and ECHA guidance and recommendations regarding the list of high-risk substances. The addition of prohibited substances to Annex IV shall be considered following the submission of a request by the Commission or a Member State. 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)

2010/03/19
Committee: ENVI

Bogusław SONIK

Proposal for a directive
Article 4 - paragraph 7a (new)

7a. The Commission shall lay down detailed rules governing sampling, the inspection of electronic equipment and the demonstration of compliance with the maximum concentration values referred to in Article 4(2), taking particular account of SME capacities.

2010/03/19
Committee: ENVI

Bogusław SONIK

Proposal for a directive
Article 4 - paragraph 7b (new)

7b. The Commission shall lay down a standard defining a model materials declaration for EEE materials, components and parts. That declaration shall contain details of the concentration of regulated substances in EEE, the identity of the person issuing the declaration, exemptions applying to EEE components or parts and other fields defined by the Commission.

2010/03/19
Committee: ENVI

Bogusław SONIK

Proposal for a directive
Article 5 - paragraph 1 - introductory part

1. The Commission shall, for the purposes of adapting the annexes to scientific and technical progress and with reference to the criteria laid down in Article 4(7), in particular environmentally sound recovery and disposal of waste electrical and electronic equipment, adopt the following measures:

2010/03/19
Committee: ENVI

Bogusław SONIK

Proposal for a directive
Article 5 - paragraph 1 - point a

~~(a) any necessary amendments to Annex II.~~deleted

2010/03/19
Committee: ENVI

Bogusław SONIK

Proposal for a directive
Article 5 - paragraph 1 - point b - introductory part

(b) Include type-A materials and components of EEE in Annex~~es V and VI~~ V where either of the following conditions is fulfilled:

2010/03/19
Committee: ENVI

Bogusław SONIK

Proposal for a directive
Article 5 - paragraph 1 - point b - indent 1

- 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~~technically difficult or impracticable;

2010/03/19
Committee: ENVI

Bogusław SONIK

Proposal for a directive
Article 5 - paragraph 1 - point b b (new)

(bb) Include type-B materials and components of EEE in Annex V 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 difficult or impracticable owing to the physicochemical properties of those elements or substances; - the availability and reliability of substitutes is not ensured.

2010/03/19
Committee: ENVI

Bogusław SONIK

Proposal for a directive
Article 5 - paragraph 1 - point c

(c) delete type-A materials and components of EEE from Annexes V a~~nd VI~~fter a period of one year where the conditions set out in point (b) are no longer fulfilled.

2010/03/19
Committee: ENVI

Bogusław SONIK

Proposal for a directive
Article 5 - paragraph 1 - point c a (new)

(ca) convert type-B exemptions into type- A exemption where the conditions set out in Article 5(1)(bb) are no longer fulfilled.

2010/03/19
Committee: ENVI

Bogusław SONIK

Proposal for a directive
Article 5 - paragraph 2

2. MType-B 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 a~~be reviewed every four years. At the time of such reviews, the Commission shall, on the basis of the scientific and technical evidence, establish whether the conditions laid down in point (b) are no longer fulfilled. If those conditions are still fulfilled, the Commission shall renew the exemption until the time of the next review. Applications for renew~~al that is submitted no later than 18 months before an exemption expires.~~ exemptions shall be submitted by companies or their representatives in accordance with Article 5a.

2010/03/19
Committee: ENVI

Bogusław SONIK

Proposal for a directive
Article 5 - paragraph 2 a (new)

2a. Type-B measures adopted in accordance with point bb of paragraph 1 shall be reviewed every 10 years and may be renewed. On the basis of the applications submitted, supplemented by its own scientific and technical evidence, the Commission shall establish whether the conditions laid down in point bb of paragraph 1 are no longer fulfilled. If the Commission decides that the requirements laid down in point bb of paragraph 1 continue to be fulfilled, it shall renew the exemption and set a date for the next review, which may not be sooner than five years since the last review. Companies or their representatives shall submit applications for exemptions or renewals thereof in accordance with Article 5a.

2010/03/19
Committee: ENVI

Bogusław SONIK

Proposal for a directive
Article 5 - paragraph 4

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.deleted

2010/03/19
Committee: ENVI

Bogusław SONIK

Proposal for a directive
Article 5 - paragraph 4 a (new)

4a. The Commission shall modify Annex V, detailing the exemptions and defining the type of each exemption individually, in accordance with the criteria laid down in Article 5(1)(b) and (bb). Those measures, designed to amend the non-essential elements of this Directive, shall be adopted in accordance with the regulatory procedure with scrutiny referred to in Article 18(2).

2010/03/19
Committee: ENVI

Bogusław SONIK

Proposal for a directive
Article 5 a (new)

Article 5a Application for an exemption and renewal of an exemption 1. An application for an exemption shall be submitted in accordance with the following paragraphs. 2. The application shall be sent to the Commission. The Commission shall: (a) acknowledge receipt of the application in writing within 14 days thereof. The acknowledgement shall indicate the date of receipt of the application; (b) inform the Member States about the application without delay and make it available to them, together with any other information supplied by the applicant which is not proprietary information; (c) make publicly available a summary of the application referred to in point 3(e), having regard for commercial confidentiality and intellectual property. 3. The application shall contain the following information: (a) the name and address of the manufacturer; (b) the material or component and specific applications for which the exemption is requested, as well as the characteristics of that material or component; (c) a justification of the exemption in accordance with the conditions laid down in Article 5, including an analysis of any alternative substances or techniques. That justification may be presented in the form of a description of studies undertaken, particularly, where available, independent studies verified by other entities; (d) where appropriate, an indication of the information which should be regarded as proprietary, accompanied by verifiable justification; (e) a summary of the application; (f) the type of exemption (A or B) to which the application applies. 4. The Commission shall examine the application for an exemption and carry out an independent study of the justification for it. 5. In its examination of the application the Commission shall take into account the possibilities for SMEs to comply with points 3(b) and 3(c). 6. The Commission shall decide in due time on all applications, including applications for renewal. Applications for a renewal pursuant to Article 4(2a) shall be submitted not later than 24 months prior to the review date of the exemption, taking into account the need for legal certainty for economic operators pending a Commission decision. 7. The Commission shall adopt implementing rules on the application of this article, taking into account the situation of SMEs, including rules on the format and type of information to be provided when submitting an application for an exemption or a renewal, including an analysis of alternatives and, if suitable alternatives are available, substitution plans as referred to in Regulation (EC) 1907/2006. Those measures, designed to amend the non-essential elements of this Directive, shall be adopted in accordance with the regulatory procedure with scrutiny referred to in Article 18(2).

2010/03/19
Committee: ENVI

Bogusław SONIK

Proposal for a directive
Article 6

The Commission shall adopt detailed rules for: applications for the exemption including a format and types of information to be provided when introducing those applications, including analysis of the alternatives and, if suitable alternatives are available, substitution plans as referred to in Regulation (EC) 1907/2006. - Complying with the maximum concentration values of Article (4) (2) - The implementation of Article 5(2), taking into account the need for legal certainty for economic operators pending a Commission Decision on renewal of exemptions. Those measures designed to amend non essential elements of this Directive shall be adopted in accordance with the regulatory procedure with scrutiny referred to in Article 18(2)Implementing measures deleted

2010/03/19
Committee: ENVI

Bogusław SONIK

Proposal for a directive
Article 16 - subparagraph 2

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

2010/03/19
Committee: ENVI

Bogusław SONIK

Proposal for a directive
Annex I

Annex I deleted

2010/03/19
Committee: ENVI

Bogusław SONIK

Proposal for a directive
Annex II

Annex II deleted

2010/03/19
Committee: ENVI

Bogusław SONIK

Proposal for a directive
Annex III

Annex III deleted

2010/03/19
Committee: ENVI

Bogusław SONIK

Proposal for a directive
Annex III a (new)

Annex IIIa Appliances, equipment and spare parts for appliances exempted from the scope of the Directive 1. Equipment which is necessary for the protection of the essential interests of the security of Member States, including arms, munitions and military material intended exclusively for military purposes. 2. Equipment which is not intended to be placed on the market as a single functional or commercial unit. 3. Spare parts intended for repair or re- use of EEE placed on the market before 1 July 2006. 4. Spare parts intended for repair or re- use of medical devices placed on the market before 1 January 2014. 5. Spare parts intended for repair or re- use of in vitro diagnostic medical devices placed on the market before 1 January 2016. 6. Spare parts intended for repair or re- use of monitoring and control instruments placed on the market before 1 January 2014. 7. Spare parts intended for repair or re- use of industrial monitoring and control instruments placed on the market before 1 January 2017. 8. Spare parts intended for repair or re- use of EEE which benefit from an exemption and were placed on the market before that exemption expired. 9. Active implantable medical devices. 10. Various types of appliances, tools and other devices assembled, installed and designed for work in a specific location for industrial use. 11. Consumables for appliances not corresponding to the definition of electrical and electronic equipment. 12. Substances intended to be released under normal or reasonably foreseeable conditions of use of EEE.

2010/03/19
Committee: ENVI

Bogusław SONIK

Proposal for a directive
Annex VI

Annex IV deleted

2010/03/19
Committee: ENVI

Bogusław SONIK

Proposal for a directive
Annex VII - point 7

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

2010/03/19
Committee: ENVI