[ParlTrack]

Proposal for a directive
Citation 1

Having regard to the Treaty ~~establish~~on the Functioning of the European ~~Community~~Union, and in particular Article 95114 thereof,

2010/03/19
Committee: ENVI

Jill EVANS

Proposal for a directive
Citation 5

Acting in accordance with the procedure laid down in Article 25194 of the Treaty,

2010/03/19
Committee: ENVI

Jill EVANS

Proposal for a directive
Recital 14a (new)

(14a) The use of nanomaterials in electrical and electronic equipment may increase with the further development of technology. There is sufficient information available to prohibit the use of nanosilver and certain carbon nanotubes in electrical and electronic equipment. There is inadequate information about the use of other nanomaterials 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 to enable consumers to make an informed choice.

2010/03/19
Committee: ENVI

Jill EVANS

Proposal for a directive
Recital 19

(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. (This amendment is 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 thedeleted Or. en Functioning of the European Union.)

2010/03/19
Committee: ENVI

Jill EVANS

Proposal for a directive
Recital 20

(20) In ~~particular the Commission should be empowered~~order to allow the provisions of this Directive to be adapt ~~Annexes II, III, IV, V and VI~~ed 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~~measures, the Commission should be empowered to adopt delegated acts in accordance with Article 290 of the Tregulatory procedure with scrutiny provided for in Article 5a of Decision 1999/468/EC. (Linked to the amendments of Article 2(1), Article 4(6), Annex I, Annex II and Annex VIa extending the scope to an open scope. Linked to the replacement of the former "regulatory procedure with scrutiny" with the new procedure of delegated acts under Article 290 of theaty in respect of the adaptation of Annexes V, VI, VIa and VIb, the applicability of Annex V for industrial monitoring and control instruments, detailed rules for compliance with maximum concentration values and the application of the labelling of nanomaterials in electrical and electronic equipment, and adaptions to REACH. Or. en Treaty on the Functioning of the European Union.)

2010/03/19
Committee: ENVI

Jill EVANS

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

(pa) "nanomaterial" means any intentionally produced material hat 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.

2010/03/19
Committee: ENVI

Jill EVANS

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

~~Given the interdependence between EEE and consumables, consumables should also be included in the directive, all the more that they are normall~~(pa) “consumable” means any unit, containing one or more electrical or electronic parts, which is necessary mfore 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. the functioning of an EEE and which vice versa cannot function without the EEE; Or. en (Replacement of amendment 26.)Justification

2010/03/19
Committee: ENVI

Jill EVANS

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

~~RoHS should also include accessories. A definition should therefore be included. This definition is limited to units that hav~~(pb) 'accessory' means any unit containing one or more electrical/ or 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.~~, designed to be used with an EEE, which is not necessary for the functioning of the EEE, but that cannot function without the EEE; Or. en (Replacement of amendment 27.)Justification

2010/03/19
Committee: ENVI

Jill EVANS

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

(pc) '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;

2010/03/19
Committee: ENVI

Jill EVANS

Proposal for a directive
Article 4 - paragraph 1

1. Member States shall ensure that, EEE including spare parts for its repair or its reuse, cables, consumables and accessories, and parts for updating of functionalities or upgrading of capacity placed on the market does not contain the substances listed in Annex IV. , Part A. Or. en (Replacement of amendment 28.)

2010/03/19
Committee: ENVI

Jill EVANS

Proposal for a directive
Article 4 - paragraph 1 a (new)

1a. Member States shall ensure that EEE including spare parts for its repair or its reuse, cables, consumables and accessories, and parts for updating of functionalities or upgrading of capacity placed on the market does not contain the substances listed in Annex IV, Part B. Or. en (Replacement of amendment 29.)

2010/03/19
Committee: ENVI

Jill EVANS

Proposal for a directive
Article 4 - paragraph 4 - introductory part

4. Paragraph 1 shall not apply to spare parts for the repair or to the reuse ~~of the following:~~ , cables, consumables and accessories, and parts for updating of functionalities or upgrading of capacity, of the following: Or. en (Replacement of amendment 30. Linked to the amendment on Article 4(1).)

2010/03/19
Committee: ENVI

Jill EVANS

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

5a. Paragraph 1a shall not apply to spare parts for the repair or to the reuse, cables, consumables and accessories, and parts for updating of functionalities or upgrading of capacity of the following: (a) EEE placed on the market before [...*], (b) EEE which benefits from an exemption and was placed on the market before that exemption expired. * insert date 42 months after entry into force. Or. en (Replacement of amendment 32.)

2010/03/19
Committee: ENVI

Jill EVANS

Proposal for a directive
Article 4 - paragraph 6

6. Paragraph 1 and 1a shall not apply to the applications listed in Annexes V, VI and VI a. ~~(Correction of an oversight, replacing amendment 33. Linked to the amendments of Article~~Or. en 2(1) and 4(1a), Annex I and Annex VIa)

2010/03/19
Committee: ENVI

Jill EVANS

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, adopt the following measures: (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 theIn order to allow the Annexes V, VI and VIa to be adapted to scientific and technical progress, the Commission shall adopt, by means of delegated acts in accordance with Article 18, measures that: Or. en European Union.)

2010/03/19
Committee: ENVI

Jill EVANS

Proposal for a directive
Article 5 - paragraph 1 - subparagraph 2

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). (Linked to~~shall be adopted individually. Or. en procedure of delegated acts under Article 290 of the Tre~~placement~~aty ofn the ~~former "regulatory procedure with scrutiny" with the new~~Functioning of the European Union.)

2010/03/19
Committee: ENVI

Jill EVANS

Proposal for a directive
Article 5 - paragraph 2

2. Measures adopted in accordance with point b of paragraph 1 shall have a ~~maximum~~ validity period of up to 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. (Partial replacement of amendment 42 by the rapporteur. Linked to the amendment for a new, to be decided on a case-by-case basis, and may be renewed. Or. en Article 5, paragraph 2c)

2010/03/19
Committee: ENVI

Jill EVANS

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

~~(Linked to the amendment introduc~~2a. Applications for granting or renewing an exemption from Article 4(1) shall be made to the Commission ing a ~~new Annex VIb and to amendment deleting Article 6,~~ccordance with Annex VIb. An application for renewal of an exemption shall update the original request to reflect the latest situation. Or. en paragraph 1, first indent.)

2010/03/19
Committee: ENVI

Jill EVANS

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

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) 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; (c) make a summary of the application available to the public.

2010/03/19
Committee: ENVI

Jill EVANS

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

~~(Partial replacement of amendment 42 by the rapporteur. Linked to the replacement~~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. The Commission shall take into account socio-economic impacts when deciding ofn the ~~former "regulatory procedure with scrutiny" with the new procedure of delegated acts under Article 290~~duration of an exemption or a renewed 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, 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 ofr the ~~Treat~~expiry onf the ~~Functioning of the European Union.)~~exemption. The Commission shall adopt these measures by means of delegated acts in accordance with Article 18. Or. en

2010/03/19
Committee: ENVI

Jill EVANS

Proposal for a directive
Article 5 - paragraph 3

3. Before Annexes V, VI and VIa are amended, the Commission shall inter alia consult ~~producers of electrical and electronic equipment~~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.

2010/03/19
Committee: ENVI

Jill EVANS

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

4a. 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 industrial monitoring and control instruments. In the event that no decision is taken by that time, the exemptions granted in Annex V shall also be valid for industrial monitoring and control instruments. * insert date 18 months after entry into force of this Directive.

2010/03/19
Committee: ENVI

Jill EVANS

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

4b. The Commission may, by means of delegated acts in accordance with Article 18, modify Annex VIb to add further elements to it. Or. en (Linked to the amendment introducing a new Annex VIb.)

2010/03/19
Committee: ENVI

Jill EVANS

Proposal for a directive
Article 5 a (new)

Article 5a Nanomaterials 1. 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 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.

2010/03/19
Committee: ENVI

Jill EVANS

Proposal for a directive
Article 6 - title

~~(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~~Implementing measures Delegated acts Or. en European Union.)

2010/03/19
Committee: ENVI

Jill EVANS

Proposal for a directive
Article 6 - paragraph 1 - introductory part

TNo later than [...*], the Commission shall adopt ~~detailed rules for: (Linked to the replacement of the former "regulatory procedure with scrutiny" with the new~~, by means of delegated acts in accordance with Article 18, detailed rules for: * insert date eighteen months after entry into force of this Directive. Or. en procedure of delegated acts under Article 290 of the Treaty on the Functioning of the European Union.)

2010/03/19
Committee: ENVI

Jill EVANS

Proposal for a directive
Article 6 - paragraph 1 - indent 1

- 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. (Replacing amendment 46, linked to the amendment inserting a new Article 5(2a) and Annex This amendment is inspired by the current discussions in Council. There should be clear requirements for applicants that request an exemption or a renewal of an exemption.deleted Or. en VIb.)Justification

2010/03/19
Committee: ENVI

Jill EVANS

Proposal for a directive
Article 6 - paragraph 1 - indent 3

- 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 appropriate application of Article 5(2) is proposed to be laid down in the ordinary legislative procedure.deleted Or. en (Linked to the amendment inserting a new Article 5(2b))Justification

2010/03/19
Committee: ENVI

Jill EVANS

Proposal for a directive
Article 6 - paragraph 1 - indent 3 a (new)

- the application of the labelling requirements for nanomaterials of Article 5a(3). Or. en (Linked to the new Article 5a(3).)

2010/03/19
Committee: ENVI

Jill EVANS

Proposal for a directive
Article 6 - paragraph 2

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). (Linked to the amendment to the introduction of Article 6(1).Linked to the replacement of the former "regulatory procedure with scrutiny" with the new procedure of delegated acts underdeleted Or. en Article 290 of the Treaty on the Functioning of the European Union.)

2010/03/19
Committee: ENVI

Jill EVANS

Proposal for a directive
Article 6 a (new)

Article 6a Review Before [...*], the Commission shall review the measures provided for in this Directive to take into account, as necessary, new scientific evidence. In particular the Commission shall, by that date, present proposals for subjecting equipment which falls under categories 8, 9 and 11 to Article 4(1a). The Commission shall also study, by that date, and every four years thereafter, the need to extend the list of substances or groups of substances in Annex IV, in particular with regard to the substances listed in Annex III, on the basis of scientific facts and taking the precautionary principle into account. Particular attention shall be paid during that review to the following impacts of such substances or materials: - the feasibility and profitability of reuse and recycling; - the exposure of workers involved in the collection, reuse, recycling or treatment, in a cumulative manner, where applicable; - the potential for release of those substances and materials or their hazardous transformation or degradation products or secondary wastes to the environment during use, reuse, recovery or disposal, including during sub- standard operations in the Union and in third countries, in particular thermal treatment processes. The Commission shall examine the feasibility of replacing such substances and materials with safer substitutes via design changes or materials and components which do not require any of the materials or substances referred to in Article 4(1) and shall present proposals to the European Parliament and to the Council by that date, and every four years thereafter, in order to extend the scope of Annex IV, as appropriate. * insert date four years after entry into force of the Directive. Or. en (Replacing amendment 48)

2010/03/19
Committee: ENVI

Jill EVANS

Proposal for a directive
Article 6 b (new)

~~(Replacement of amendment 49 by~~ Article 6b Adaptation to REACH When new limitations on the placing of the market withe r~~apporteur. Linked to the replacement of the former "regulatory procedure with scrutiny" with the new procedure of delegated acts under~~egard 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. Or. en Article 290 of the Treaty on the Functioning of the European Union.)

2010/03/19
Committee: ENVI

Jill EVANS

Proposal for a directive
Article 8- paragraph 2 - point a

(a) keep the EC declaration of conformity and the technical documentation at the disposal of national surveillance authorities for ten years~~; The ten-year timeline needs a clear starting point.~~ after the EEE has been placed on the market; Or. en (Replacing amendment 56)Justification

2010/03/19
Committee: ENVI

Jill EVANS

Proposal for a directive
Article 9- paragraph 7

7. Importers shall keep, for ten years~~, keep~~ after the EEE has been 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. Or. en (Replacing amendment 59)

2010/03/19
Committee: ENVI

Jill EVANS

Proposal for a directive
Article 10- paragraph 1

1. When making an EEE available on the market distributors shall 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). Or. en (Linked to the deletion of Article 10, paragraph 2, first)

2010/03/19
Committee: ENVI

Jill EVANS

Proposal for a directive
Article 10- paragraph 2 - subparagraph 1

2. 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).deleted

2010/03/19
Committee: ENVI

Jill EVANS

Proposal for a directive
Article 16 a (new)

~~(Replacement of amendment 66 by the rapporteur. Linked to~~Article 16a Formal objection to a harmonised standard Article R9 of Decision No 768/2008/EC on a common framework for the marketing of products shall apply. Or. en procedures by the Tre~~peal~~aty ofn the ~~comitology~~Functioning of the European Union.)

2010/03/19
Committee: ENVI

Jill EVANS

Proposal for a directive
Article 18

~~1. The Commission~~Committee Exercise of the delegation 1. The powers to adopt the delegated acts referred to in Articles 5 and 6 shall be ~~assist~~conferred byon the Commi~~ttee set up by Article 18 of European Parliament and Council Directive on waste 2006/12/EC of 5 April 2006~~ssion for an indeterminate period of time. 2. As soon as it adopts a delegated act, the Commission shall notify it simultaneously to the European Parliament and to the Council. 23. ~~Where reference is made to thi~~The powers to adopt delegated acts par~~agraph, Article 5a(1) to (4) and Article 7 of Decision 1999/468/EC shall apply, having regard to the provisions of Article 8 the~~e conferred on the Commission subject to the conditions laid down in Articles 18a and 18b. Or. en procedure of~~. (Linked to the replacement of the former "regulatory procedure with scrutiny" with the new~~ delegated acts under Article 290 of the Treaty on the Functioning of the European Union.)

2010/03/19
Committee: ENVI

Jill EVANS

Proposal for a directive
Article 18 a (new)

~~(Linked to the replacement of the former "regulatory procedure with scrutiny" with the new~~Article 18a Revocation of the delegation 1. The delegation of power referred to in Article 18 may be revoked at any time by the European Parliament or by the Council 2. 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. Or. en procedure of delegated acts under Article 290 of the Treaty on the Functioning of the European Union.)

2010/03/19
Committee: ENVI

Jill EVANS

Proposal for a directive
Article 18 b (new)

~~(Linked to the replace~~Article 18b Objections to delegated acts 1. The European Parliament ofr the ~~former "regulatory procedure with scrutiny" w~~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 neither the ~~new procedure of delegated acts under Article 290 of the Treaty~~European Parliament nor the Council has objected to the delegated act, it shall be published in the Official Journal of the European Union and enter into force at the date stated therein. 3. If the European Parliament onr the FCounc~~tion~~il objects to the adopted delegated act, it shall not enter into force. The institution which objects shall state the reasons for objecting tof the delegated act. Or. en European Union.)

2010/03/19
Committee: ENVI

Jill EVANS

Proposal for a directive
Annex I

Categories of electrical and electronic equipment covered by this Directive 1. Large ~~household~~ appliances 2. Small ~~household~~ appliances 3. IT and telecommunications equipment 4. Consumer equipment 5. Lighting equipment 6. Electrical and electronic tools ~~(with the exception of large-scale stationary industrial tools)~~ 7. Toys, leisure and sports equipment 8. Medical devices. 9. Monitoring and control instruments including industrial monitoring and control instruments 10. Automatic dispensers 11. Other electrical and electronic equipment not covered by any of the categories above Or. en (This replaces amendment 68 by the rapporteur.)

2010/03/19
Committee: ENVI

Jill EVANS

Proposal for a directive
Annex IV

Prohibited substances referred to in Article 4(7) and maximum concentration values tolerated by weight in homogeneous materials Part A Lead (0,1%) Mercury (0,1%) Cadmium (0,01%) Hexavalent chromium (0,1%) Polybrominated biphenyls (PBB) (0,1%) Polybrominated diphenyl ethers(PBDE) (0,1%) Part B Brominated flame retardants (0,1 %) Chlorinated flame retardants (0,1 %) Polyvinylchloride (PVC) (0,1 %) Chlorinated plasticisers (0,1 %) Phthalates meeting the criteria for classification as carcinogenic, mutagenic or toxic to reproduction category 1A or 1B in accordance with Regulation (EC) No 1272/2008.

2010/03/19
Committee: ENVI

Jill EVANS

Proposal for a directive
Annex IV

Prohibited substances referred to in Article 4(7) and maximum concentration values tolerated by weight in homogeneous materials Lead (0,1%) Mercury (0,1%) Cadmium (0,01%) Hexavalent chromium (0,1%) Polybrominated biphenyls (PBB) (0,1%) Polybrominated diphenyl ethers(PBDE) (0,1%) Nanosilver (detection limit) Long multi-walled carbon nanotubes (detection limit)

2010/03/19
Committee: ENVI

Jill EVANS

Proposal for a directive
Annex VI b (new)

Annex VIb Application for exemption from Article 4(1) or for renewal of such an exemption Applications 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 for which an exemption is requested and its particular characteristics; (c) a verifiable and fully referenced justification for an exemption 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 described in point (d); (f) a substitution plan as referred to in Regulation (EC) No 1907/2006 including a timetable for proposed actions by the applicant; (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.

2010/03/19
Committee: ENVI

44 Amendments of Jill EVANS related to 2008/0240(COD)

ParlTrack - 2011-2024