BETA

Procedure completed - delegated act rejected



2015/2651(DEA) Exemption for cadmium in illumination and display lighting applications. Corrigendum
RoleCommitteeRapporteurShadows
Lead ENVI
Lead committee dossier: ENVI/8/03208
Legal Basis RoP 105-p4

Activites

  • 2015/05/20 Results of vote in Parliament
    • Results of vote in Parliament
    • T8-0205/2015 summary
  • 2015/04/15 Committee referral announced in Parliament, 1st reading/single reading
  • 2015/03/24 Initial period for examining delegated act 2 month(s)
  • 2015/03/24 Non-legislative basic document published
    • C(2015)1926

Documents

History

(these mark the time of scraping, not the official date of the change)

activities
  • date: 2015-03-24T00:00:00 body: EP/CSL type: Initial period for examining delegated act 2 month(s)
  • date: 2015-03-24T00:00:00 docs: type: Non-legislative basic document published title: C(2015)1926 body: EC commission: type: Non-legislative basic document published
  • date: 2015-04-15T00:00:00 body: EP type: Committee referral announced in Parliament, 1st reading/single reading committees: body: EP responsible: True committee_full: Environment, Public Health and Food Safety committee: ENVI
  • date: 2015-05-20T00:00:00 docs: url: http://www.europarl.europa.eu/oeil/popups/sda.do?id=25753&l=en type: Results of vote in Parliament title: Results of vote in Parliament url: http://www.europarl.europa.eu/sides/getDoc.do?type=TA&language=EN&reference=P8-TA-2015-0205 type: Decision by Parliament, 1st reading/single reading title: T8-0205/2015 body: EP type: Results of vote in Parliament
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docs
  • date: 2015-03-24T00:00:00 docs: title: C(2015)1926 type: Non-legislative basic document body: EC
  • date: 2015-05-13T00:00:00 docs: url: http://www.europarl.europa.eu/sides/getDoc.do?type=MOTION&reference=B8-2015-0464&language=EN title: B8-0464/2015 type: Motion for a resolution objecting delegated act body: EP
  • date: 2015-09-24T00:00:00 docs: url: /oeil/spdoc.do?i=25753&j=0&l=en title: SP(2015)470 type: Commission response to text adopted in plenary
events
  • date: 2015-03-24T00:00:00 type: Non-legislative basic document published body: EC docs: title: C(2015)01926
  • date: 2015-03-24T00:00:00 type: Initial period for examining delegated act 2 month(s) body: EP/CSL
  • date: 2015-04-15T00:00:00 type: Committee referral announced in Parliament, 1st reading/single reading body: EP
  • date: 2015-05-20T00:00:00 type: Results of vote in Parliament body: EP docs: url: https://oeil.secure.europarl.europa.eu/oeil/popups/sda.do?id=25753&l=en title: Results of vote in Parliament
  • date: 2015-05-20T00:00:00 type: Decision by Parliament, 1st reading/single reading body: EP docs: url: http://www.europarl.europa.eu/sides/getDoc.do?type=TA&language=EN&reference=P8-TA-2015-0205 title: T8-0205/2015 summary: The European Parliament adopted by 618 votes to 33 with 28 abstentions a resolution objecting to the Commission delegated directive of 30 January 2015 amending, for the purposes of adapting to technical progress, Annex III to Directive 2011/65/EU of the European Parliament and of the Council as regards an exemption for cadmium in illumination and display lighting applications. Delegated directive : Directive 2011/65/EU on the restriction of the use of certain hazardous substances in electrical and electronic equipment restricts inter alia the use of cadmium in electrical and electronic equipment. Pursuant to Article 5(1) a, exemptions would be included in Annex III, provided that such inclusion did not weaken the environmental and health protection afforded by Regulation (EC) No 1907/2006 (REACH) and where any of the following conditions was fulfilled: their elimination or substitution via design changes or materials and components which did not require any of the materials or substances listed in Annex II was scientifically or technically impracticable; the reliability of substitutes was not ensured; or the total negative environmental, health and consumer safety impacts caused by substitution were likely to outweigh the total environmental, health and consumer safety benefits. The Commission delegated directive: extended exemption 39 until 30 June 2017 , relabelling it exemption 39(a), and introduced a new more specific exemption 39(b) on ‘Cadmium in downshifting cadmium based semiconductor nanocrystal quantum dots for use in display lighting applications (< 0.2 µg Cd per mm2 of display screen area)’, with an expiry date of 30 June 2018. The extension of exemption 39 and the new exemption 39(b) both concerned cadmium quantum dots, even though a specific reference to quantum dots is given only in exemption 39(b). The extension of exemption 39 concerned two different applications of cadmium quantum dots: one concerned the use in solid state illumination, while the other concerned display systems. The n ew exemption 39(b) only concerned displays . Parliament’s objection : Parliament objected to the delegated directive because it considered that the directive failed to comply with the conditions laid down in Article 5(1)(a) of Directive 2011/65/EU, for both exemptions it inserted in points 39(a) and 39(b) of Annex III to Directive 2011/65/EU. It felt in particular that the justification given for the exemption in point 39(b) was based on an outdated situation with regard to the practicability of replacement of cadmium in quantum dots. It therefore called for a swift reassessment of the existing exemption in point 39 of Annex III to Directive 2011/65/EU against the conditions of Article 5(1)(a) with a view to its revocation. The Commission was asked to submit a new delegated act which took into account the position of Parliament.
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    • The European Parliament adopted by 618 votes to 33 with 28 abstentions a resolution objecting to the Commission delegated directive of 30 January 2015 amending, for the purposes of adapting to technical progress, Annex III to Directive 2011/65/EU of the European Parliament and of the Council as regards an exemption for cadmium in illumination and display lighting applications.

      Delegated directive: Directive 2011/65/EU on the restriction of the use of certain hazardous substances in electrical and electronic equipment restricts inter alia the use of cadmium in electrical and electronic equipment.

      Pursuant to Article 5(1) a, exemptions would be included in Annex III, provided that such inclusion did not weaken the environmental and health protection afforded by Regulation (EC) No 1907/2006 (REACH) and where any of the following conditions was fulfilled:

      • their elimination or substitution via design changes or materials and components which did not require any of the materials or substances listed in Annex II was scientifically or technically impracticable;
      • the reliability of substitutes was not ensured; or the total negative environmental, health and consumer safety impacts caused by substitution were likely to outweigh the total environmental, health and consumer safety benefits.

      The Commission delegated directive:

      • extended exemption 39 until 30 June 2017, relabelling it exemption 39(a), and
      • introduced a new more specific exemption 39(b) on ‘Cadmium in downshifting cadmium based semiconductor nanocrystal quantum dots for use in display lighting applications (< 0.2 µg Cd per mm2 of display screen area)’, with an expiry date of 30 June 2018.

      The extension of exemption 39 and the new exemption 39(b) both concerned cadmium quantum dots, even though a specific reference to quantum dots is given only in exemption 39(b). The extension of exemption 39 concerned two different applications of cadmium quantum dots: one concerned the use in solid state illumination, while the other concerned display systems. The new exemption 39(b) only concerned displays.

      Parliament’s objection: Parliament objected to the delegated directive because it considered that the directive failed to comply with the conditions laid down in Article 5(1)(a) of Directive 2011/65/EU, for both exemptions it inserted in points 39(a) and 39(b) of Annex III to Directive 2011/65/EU.

      It felt in particular that the justification given for the exemption in point 39(b) was based on an outdated situation with regard to the practicability of replacement of cadmium in quantum dots. It therefore called for a swift reassessment of the existing exemption in point 39 of Annex III to Directive 2011/65/EU against the conditions of Article 5(1)(a) with a view to its revocation.

      The Commission was asked to submit a new delegated act which took into account the position of Parliament.

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    • url: http://www.europarl.europa.eu/sides/getDoc.do?type=TA&language=EN&reference=P8-TA-2015-0205 type: Decision by Parliament, 1st reading/single reading title: T8-0205/2015
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    • date: 2015-03-24T00:00:00 docs: type: Non-legislative basic document published title: C(2015)1926 type: Non-legislative basic document published body: EC commission:
    • date: 2015-04-15T00:00:00 body: EP type: Committee referral announced in Parliament, 1st reading/single reading committees: body: EP responsible: True committee_full: Environment, Public Health and Food Safety committee: ENVI
    committees
    • body: EP responsible: True committee_full: Environment, Public Health and Food Safety committee: ENVI
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      2015/2651(DEA)
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      Exemption for cadmium in illumination and display lighting applications. Corrigendum
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