43 Amendments of Chris DAVIES related to 2008/0240(COD)
Amendment 81 #
Proposal for a directive
Recital 6
Recital 6
(6) The substances covered by this Directive arshould be scientifically well researched and evaluated and have beenprior to establishing restrictions and becoming subject to different measures both at Community and at national level.
Amendment 85 #
Proposal for a directive
Recital 7
Recital 7
(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. In particular, the risks to human health and the environment arising from the use of substances listed in Annex XIV of Regulation (EC) n° 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.
Amendment 87 #
Proposal for a directive
Recital 12
Recital 12
(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 alternative substances or technologies which ensure at least the same level of protection of consumers should be examined, paying. To this end, the Commission should study the negative impacts of other hazardous substances and the feasibility of their substitution, 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 as detailed in article 4(7). The examination should also pay attention to coherency with other Community legislation, and in particular tomaximise synergies with the work carried out under 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 Specific account should be taken of the potential impact on SMEs.
Amendment 90 #
Proposal for a directive
Recital 12a (new)
Recital 12a (new)
(12a) A thorough analysis of the added value of Directive 2002/95/EC (RoHS) should be carried out at the upcoming REACH review with a view to integrating the RoHS Directive into Regulation (EC) No 1907/2006.
Amendment 94 #
Proposal for a directive
Recital 14
Recital 14
(14) Exemptions from the prohibition for certain specific materials or components should be limited in their scope, and be subject to time-limited reviews whose periods and duration would be determined on a case-by-case basis, 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 114 #
Proposal for a directive
Article 2 - paragraph 3 - introductory part
Article 2 - paragraph 3 - introductory part
3. TUnless specifically mentioned in Annex II, this Directive does not apply to:
Amendment 126 #
Proposal for a directive
Article 2 - paragraph 3- point c a (new)
Article 2 - paragraph 3- point c a (new)
(ca) parts of and means of transport for persons or goods;
Amendment 127 #
Proposal for a directive
Article 2 - paragraph 3- point c a (new)
Article 2 - paragraph 3- point c a (new)
(ca) means of road transport for persons or goods
Amendment 131 #
Proposal for a directive
Article 2 - paragraph 3- point c a (new)
Article 2 - paragraph 3- point c a (new)
(ca) fixed installations
Amendment 134 #
Proposal for a directive
Article 2 - paragraph 3- point c c (new)
Article 2 - paragraph 3- point c c (new)
(cc) large-scale stationary industrial tools;
Amendment 136 #
Proposal for a directive
Article 2 - paragraph 3- point c b (new)
Article 2 - paragraph 3- point c b (new)
(cb) equipment which is manufactured in the Community or imported for the purposes of research and development.
Amendment 140 #
Proposal for a directive
Article 2 - paragraph 3- point c a (new)
Article 2 - paragraph 3- point c a (new)
(ca) Spare parts for the repair, or the reuse, of electrical and electronic equipment put on the market before 1 July 2006 or for EEE which benefit from an exemption and was placed on the market before that exemption expired
Amendment 144 #
Proposal for a directive
Article 2 - paragraph 3- point c d (new)
Article 2 - paragraph 3- point c d (new)
(cd) 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;
Amendment 145 #
Proposal for a directive
Article 2 - paragraph 3 a (new)
Article 2 - paragraph 3 a (new)
3a. By 31 December 2014 at the latest, the Commission shall submit a report examining the scope of the Directive to the European Parliament and the Council, in view of a possible inclusion of the currently exempted equipment as mentioned in article 2(3) and in annexe VI;
Amendment 152 #
Proposal for a directive
Article 3 - point b
Article 3 - point b
(b) "“manufacturer” means any natural or legal person who manufactures an EEE or who has an EEE designed or manufactured, or who markets that product under his name or trademark;
Amendment 153 #
Proposal for a directive
Article 3 - point c a (new)
Article 3 - point c a (new)
(ca) socio-economic criteria mean impacts – other than those on human health and environment – of imposing a restriction or substitution compared to continued use of the hazardous substance. The socio- economic criteria refer to reliability of substitutes and intellectual property restrictions on substitutes;
Amendment 155 #
Proposal for a directive
Article 3 - point p a (new)
Article 3 - point p a (new)
(pa) “large scale stationary industrial tools” are machines or systems, consisting of a combination of equipment, systems, finished products and/or components, installed by professionals at a given place in industrial machinery or in an industrial building to perform a specific task;
Amendment 164 #
Proposal for a directive
Article 3 - point f a (new)
Article 3 - point f a (new)
(fa) 'fixed installation' means a particular combination of several types of apparatus and, where applicable, other devices, which are assembled, installed and intended to be used permanently at a pre- defined location;
Amendment 168 #
Proposal for a directive
Article 3 - point d a (new)
Article 3 - point d a (new)
(da) 'accessory' means any separate electrical unit used with the EEE to provide functionality, power or user interaction with the EEE.
Amendment 187 #
Proposal for a directive
Article 4 - paragraph 4 - introductory part
Article 4 - paragraph 4 - introductory part
4. Paragraph 1 shall not apply to spare parts for the repair or to the reusewarranty or to support repairs or recalibration of industrial monitoring and control instruments or to the reuse, updating of functionalities or upgrading of capacity, of the following:
Amendment 189 #
Proposal for a directive
Article 4 - paragraph 4 - introductory part
Article 4 - paragraph 4 - introductory part
4. Paragraph 1 shall not apply to spare parts for the repair or to the reusewarranty or to support repairs or recalibration of industrial monitoring and control instruments or to the reuse, updating of functionalities or upgrading of capacity, of the following:
Amendment 190 #
Proposal for a directive
Article 4 - paragraph 4 - point a a (new)
Article 4 - paragraph 4 - point a a (new)
(aa) business to business equipment whereby parts are recovered from equipment put on the market before 1 July 2006 and where the reuse of the recovered parts are traceable and verifiable, the reuse process can be audited to prescribed standards and the reuse of parts is clearly notified to the consumer. This exemption would be valid for a period of 10 years after the entry into force of the Directive.
Amendment 193 #
Proposal for a directive
Article 4 - paragraph 5
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 assess the availability of suitable safe and reliable alternatives based on scientific and technological advice and to propose inclusion.
Amendment 197 #
Proposal for a directive
Article 4 - paragraph 7
Article 4 - paragraph 7
7. WThen 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 Commission shall amend the list of prohibited substances in Annex IV if it is considered that the presence of a substance in WEEE poses a risk to human health or the environment that is due to its hazardous properties, that is not adequately controlled and that needs to be addressed on a Union-wide basis. The evaluation of substances for future restrictions as well as exemptions under this Directive shall: - be based on sound science, - include the impact of alternatives, and - take into account: (a) socio-economic considerations, and (b) availability and reliability of alternatives. The methodology for evaluating substance restrictions and exemptions shall take into consideration positive and negative impacts on human health and safety of substances and potential alternatives to them, related to: - all relevant life phases including end-of- life scenarios of reuse, recycling and treatment of WEEE, - uncontrolled or diffuse dispersion to the environment, and - exposure of these substances to workers and the environment. The addition of new substances into Annex IV shall be reviewed using a methodology based on the process set out in Articles 69 to 72 ofconsidered following the submission of a dossier by the Commission or a Member State and after the consultation of: -the Committee established under 18 of Directive 2006/12/EC; -the Risk Assessment Committee of the European Chemicals Agency established under 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). ; - interested parties including economic operators, recyclers, treatment operators, environmental organisations and employee and consumer associations. The dossier shall make reference to any chemical safety report or risk assessment submitted under Regulation (EC) No 1907/2006 and any relevant risk assessment submitted for the purposes of other Union Regulations or Directives.
Amendment 225 #
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 expires. may be renewed on a case-by-case basis and shall be valid until the Commission decides to either renew or delete the exemption in the context of a time-limited review, provided an application for renewal is submitted no later than 18 months before an exemption expires. The Commission shall decide no later than six months before an exemption expires on any application for renewal that is submitted within the specified timeframes. The Commission shall decide within 12 months after receiving an application for exemption for products which are currently not included in the scope, whether or not the exemption is awarded or rejected. (a) Whenever a decision is taken to include materials and components of EEE in Annexes V and VI, it shall specify: – the specific materials and components of EEE to be included in Annexes V and VI; – if applicable, the amendment(s) to numberings in Annexes V and VI; – transitional arrangements: – the date or dates at which the exemption(s) will either be renewed or deleted (hereinafter referred to as "the review date(s)"); The Commission shall acknowledge receipt of each application for exemptions and 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. Applications to include materials and components of EEE in Annexes V and VI shall contain the information defined in accordance with Article 6 following the regulatory procedure with scrutiny referred to in Article 18(2). b) Whenever a decision is taken to delete materials and components of EEE from Annexes V and VI it shall specify for each exemption: – the materials and components of EEE to be deleted from the Annexes V and VI and/or, where measures have the effect of limiting the scope of an existing exemption(s), the required amendments to materials and components of EEE in Annexes V and VI; – if applicable, the amendments to numberings in Annexes V and VI; – transitional arrangements: – the date(s) at which materials and components of EEE in Annexes V and VI will be deleted.
Amendment 235 #
Proposal for a directive
Article 5 - paragraph 2 a (new)
Article 5 - paragraph 2 a (new)
2a. In cases where an exemption is not awarded or renewed, there shall be a minimum transition period of 12 months in order to allow the economic operator time to adapt. Where the Commission considers that more than 12 months is needed, the transition period can be extended on a case-by-case basis.
Amendment 241 #
Proposal for a directive
Article 5 - paragraph 3
Article 5 - paragraph 3
3. Before Annexes are amended, the Commission shall inter aliamake an impact assessment. It shall also consult producers of electrical and electronic equipment, recyclers, treatment operators, environmental organisations and employee and consumer associations.
Amendment 259 #
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 a Commission Decision on renewalregarding review, latest application and expiry dates of exemptions.
Amendment 264 #
Proposal for a directive
Article 6 - paragraph 1 - indent 3 a (new)
Article 6 - paragraph 1 - indent 3 a (new)
- The format and content of dossiers submitted under Article 4(7).
Amendment 280 #
Proposal for a directive
Article 8- paragraph 2 - point a
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 after the EEE has been placed on the market;
Amendment 282 #
Proposal for a directive
Article 9- paragraph 3
Article 9- paragraph 3
3. 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.
Amendment 285 #
Proposal for a directive
Article 9- paragraph 7
Article 9- paragraph 7
7. Importers shall, for ten years after the EEE has been placed on the market, 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.
Amendment 288 #
Proposal for a directive
Article 13- paragraph 1
Article 13- paragraph 1
1. The EC declaration of conformity shall state that the fulfilment of requirements specified in Article 4this Directive has been demonstrated.
Amendment 304 #
Proposal for a directive
Annex II - point 1
Annex II - point 1
Binding list of products which fall under the Categories listed in Annex I: 1. Large household appliances, including Washing machines Clothes dryers Dish washing machines Large household appliances used for refrigeration, conservation and storage of food, such as: Large cooling appliances, Refrigerators, Freezers Large household appliances used for cooking and other processing of food, such as: Cooking, Electric stoves, Electric hot plates, Microwaves Large appliances for heating rooms, beds, seating furniture, such as: Electric heating appliances, Electric radiators, including in-, outdoor and single packaged units of heat pumps up to 12 kW. Fanning, exhaust ventilation and conditioning equipment such as: Electric fans Air conditioner appliances, including in- , outdoor and single packaged units of air conditioning appliances up to 12 kW.
Amendment 311 #
Proposal for a directive
Annex III
Annex III
1. Hexabromocyclododecane (HBCDD) 2Dinitrotoluene 2. Diaminodiphenylmethane (MDA) 3. 5-tert-butyl-2,4,6-trinitro-m-xylene (musk xylene) 4. Alkanes, chloro (Short Chain Chlorinated Paraffins) 5. Aluminosilicate RefractoryCeramic Fibres 6. Anthracene 7. Anthracene oil 8. Anthracene oil, anthracene paste 9. Anthracene oil, anthracene paste, anthracene fraction 10. Anthracene oil, anthracene paste,distn. lights 11. Anthracene oil, anthracene-low 12. Benzyl butyl phthalate (BBP) 13. Bis (2-ethylhexyl) phthalate (DEHP) 314. Butyl benzis(tributyltin)oxide (TBTO) 15. Cobalt dichloride 16. Diarsenic pentaoxide 17. Diarsenic trioxide 18. Dibutyl phthalate (BDBP) 419. Diisobutyl phthalate (DBP) 20. Hexabromocyclododecane (HBCDD) and all major diastereoisomers identified; 21. Lead chromate 22. Lead chromate molybdate sulphate red 23. Lead hydrogen arsenate 24. Lead sulfochromate yellow 25. Pitch, coal tar, high temp. 26. Sodium dichromate 27. Triethyl arsenate 28. Tris(2-chloroethyl)phosphate 29. Zirconia Aluminosilicate Refractory Ceramic Fibres 30. Bisphenol A.
Amendment 320 #
Proposal for a directive
Annex VI - introductory part
Annex VI - introductory part
Amendment 322 #
Proposal for a directive
Annex VI - point 5
Annex VI - point 5
5 Lead in shielding, collimators and scattering control devices and grids for ionising radiation
Amendment 324 #
Proposal for a directive
Annex VI - point 6
Annex VI - point 6
6 Lead in X-ray test objects.ionising radiation test objects and X-ray markers
Amendment 326 #
Proposal for a directive
Annex VI - point 8
Annex VI - point 8
8 Radioactive cadmium isotope source for portable X-ray fluorescence spectrometers Sensors, detectors and electrodes (plus item1).
Amendment 328 #
Proposal for a directive
Annex VI - subtitle
Annex VI - subtitle
Amendment 331 #
Proposal for a directive
Annex VI - point 11
Annex VI - point 11
11 Lead in alloys as a superconductor and thermal conductor in MRI and MEG
Amendment 333 #
Proposal for a directive
Annex VI - point 17
Annex VI - point 17
17 Lead in solders in portable emergency defibrillators- Class II portable defibrillators, - Class II patient-worn devices and portable ultrasound equipment and portable patient monitoring equipment
Amendment 334 #
Proposal for a directive
Annex VI - point 20a - 20w (new)
Annex VI - point 20a - 20w (new)