DIRECTIVE2002/95/EC OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL
of27January2003
on the restriction of the u of certain hazardous substances in electrical and electronic equipment
THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty establishing the European Commu-nity,and in particular Article95thereof,
Having regard to the proposal from the Commission(1),
Having regard to the opinion of the Economic and Social Committee(2),
Having regard to the opinion of the Committee of Regions(3),
Acting in accordance with the procedure laid down in Article 251of the Treaty in the light of the joint text approved by the Conciliation Committee on8November2002(4),
Whereas:
(1)The disparities between the laws or administrative
measures adopted by the Member States as regards the
restriction of the u of hazardous substances in elec-
trical and electronic equipment could create barriers to
trade and distort competition in the Community and
may thereby have a direct impact on the establishment
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and functioning of the internal market.It therefore
appears necessary to approximate the laws of the
Member States in this field and to contribute to the
protection of human health and the environmentally
sound recovery and disposal of waste electrical and elec-
tronic equipment.
(2)The European Council at its meeting in Nice on7,8and
9December2000endord the Council Resolution of4
December2000on the precautionary principle.
(3)The Commission Communication of30July1996on
the review of the Community strategy for waste manage-
ment stress the need to reduce the content of hazar-
dous substances in waste and points out the potential
benefits of Community-wide rules limiting the prence
of such substances in products and in production
process.
(4)The Council Resolution of25January1988on a
Community action programme to combat environmental
pollution by cadmium(5)invites the Commission to
pursue without delay the development of specific
measures for such a programme.Human health also has
to be protected and an overall strategy that in particular
restricts the u of cadmium and stimulates rearch into
substitutes should therefore be implemented.The Reso-
lution stress that the u of cadmium should be limited
to cas where suitable and safer alternatives do not
exist.
(5)The available evidence indicates that measures on the
collection,treatment,recycling and disposal of waste
electrical and electronic equipment(WEEE)as t out in
Directive2002/96/EC of27January2003of the
European Parliament and of the Council on waste elec-
trical and electronic equipment(6)are necessary to
reduce the waste management problems linked to the
heavy metals concerned and the flame retardants
concerned.In spite of tho measures,however,signifi-
cant parts of WEEE will continue to be found in the七世轮回
current disposal routes.Even if WEEE were collected
parately and submitted to recycling process,its
content of mercury,cadmium,lead,chromium VI,PBB
and PBDE would be likely to po risks to health or the
environment.
(6)Taking into account technical and economic feasibility,
the most effective way of ensuring the significant reduc-
tion of risks to health and the environment relating to
tho substances which can achieve the chon level of
protection in the Community is the substitution of tho
substances in electrical and electronic equipment by safe
or safer materials.Restricting the u of the hazardous
substances is likely to enhance the possibilities and
economic profitability of recycling of WEEE and
decrea the negative health impact on workers in recy-
cling plants.
(7)The substances covered by this Directive are scientifically
well rearched and evaluated and have been subject to
different measures both at Community and at national
level.
(8)The measures provided for in this Directive take into
account existing international guidelines and recommen-
dations and are bad on an asssment of available
scientific and technical information.The measures are
necessary to achieve the chon level of protection of
(1)OJ C365E,19.12.2000,p.195and OJ C240E,28.8.2001,p.
303.
(2)OJ C116,20.4.2001,p.38.
(3)OJ C148,18.5.2001,p.1.
(4)Opinion of the European Parliament of15May2001(OJ C34E,
7.2.2002,p.109),Council Common Position of4December2001
(OJ C90E,16.4.2002,p.12)and Decision of the European Parlia-
ment of10April2002(not yet published in the Official Journal).
Decision of the European Parliament of18December2002and
Decision of the Council of16December2002.
(5)OJ C30,4.2.1988,p.1.(6)See page24of this Official Journal.
human and animal health and the environment,having
regard to the risks which the abnce of measures would
be likely to create in the Community.The measures
should be kept under review and,if necessary,adjusted
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to take account of available technical and scientific infor-
mation.
(9)This Directive should apply without prejudice to
Community legislation on safety and health require-
ments and specific Community waste management legis-
lation,in particular Council Directive91/157/EEC of18
March1991on batteries and accumulators containing
certain dangerous substances(1).
(10)The technical development of electrical and electronic
equipment without heavy metals,PBDE and PBB should
be taken into account.As soon as scientific evidence is
available and taking into account the precautionary prin-
ciple,the prohibition of other hazardous substances and
their substitution by more environmentally friendly alter-
natives which ensure at least the same level of protection
of consumers should be examined.
(11)Exemptions from the substitution requirement should be
permitted if substitution is not possible from the scien-
tific and technical point of view or if the negative envir-
onmental or health impacts caud by substitution are
likely to outweigh the human and environmental bene-
fits of the substitution.Substitution of the hazardous
substances in electrical and electronic equipment should
also be carried out in a way so as to be compatible with
the health and safety of urs of electrical and electronic
equipment(EEE).
(12)As product reu,refurbishment and extension of life-
time are beneficial,spare parts need to be available.
(13)The adaptation to scientific and technical progress of the
exemptions from the requirements concerning phasing
out and prohibition of hazardous substances should be
effected by the Commission under a committee proce-
dure.
(14)The measures necessary for the implementation of this
Directive should be adopted in accordance with Council
Decision1999/468/EC of28June1999laying down
the procedures for the exerci of implementing powers
conferred on the Commission(2),
HAVE ADOPTED THIS DIRECTIVE:
Article1
Objectives
The purpo of this Directive is to approximate the laws of the Member States on the restrictions of the u of hazardous substances in electrical and electronic equipment and to contri-bute to the protection of human health and the environmen-tally sound recovery and disposal of waste electrical and elec-tronic equipment.
Article2
Scope
1.Without prejudice to Article6,this Directive shall apply to electrical and electronic equipment falling under the cate-gories1,2,3,4,5,6,7and10t out in Annex IA to Direc-tive No2002/96/EC(WEEE)and to electric light bulbs,and luminaires in houholds.
2.This Directive shall apply without prejudice to Commu-nity legislation on safety and health requirements and specific Community waste management legislation.
3.This Directive does not apply to spare parts for the repair, or to the reu,of electrical and electronic equipment put on the market before1July2006.
Article3
Definitions
For the purpos of this Directive,the following definitions shall apply:
(a)‘electrical and electronic equipment’or‘EEE’means equip-
ment which is dependent on electric currents or electro-magnetic fields in order to work properly and equipment for the generation,transfer and measurement of such currents and fields falling under the categories t out in Annex IA to Directive2002/96/EC(WEEE)and designed for u with a voltage rating not exceeding1000volts for alternating current and1500volts for direct current;
(b)‘producer’means any person who,irrespective of the lling
technique ud,including by means of distance communi-cation according to Directive97/7/EC of the European Parliament and of the Council of20May1997on the protection of consumers in respect of distance contracts(3):
(i)manufactures and lls electrical and electronic equip-
ment under his own brand;
(ii)rells under his own brand equipment produced by other suppliers,a reller not being regarded as the
‘producer’if the brand of the producer appears on the
equipment,as provided for in subpoint(i);or (iii)imports or exports electrical and electronic equipment on a professional basis into a Member State. Whoever exclusively provides financing under or pursuant to any finance agreement shall not be deemed a‘producer’unless he also acts as a producer within the meaning of subpoints(i) to(iii).
(1)OJ L78,26.3.1991,p.38.Directive as amended by Commission
Directive98/101/EC(OJ L1,5.1.1999,p.1).
(2)OJ L184,17.7.1999,p.23.(3)OJ L144, 4.6.1997,p.19.Directive as amended by Directive
2002/65/EC(L271,9.10.2002,p.16).
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Article4
Prevention
1.Member States shall ensure that,from1July2006,new electrical and electronic equipment put on the market does not contain lead,mercury,cadmium,hexavalent chromium,poly-brominated biphenyls(PBB)or polybrominated diphenyl ethers (PBDE).National measures restricting or prohibiting the u of the substances in electrical and electronic equipment which were adopted in line with Community legislation before the adoption of this Directive may be maintained until1July 2006.
2.Paragraph1shall not apply to the applications listed in the Annex.
3.On the basis of a proposal from the Commission,the European Parliament and the Council shall decide,as soon as scientific evidence is available,and in accordance with the prin-ciples on chemicals policy as laid down in the Sixth Commu-nity Environment Action Programme,on the prohibition of other hazardous substances and the substitution thereof by more environment-friendly alternatives which ensure at least the same level of protection for consumers.
Article5
Adaptation to scientific and technical progress
1.Any amendments which are necessary in order to adapt the Annex to scientific and technical progress for the following purpos shall be adopted in accordance with the procedure referred to in Article7(2):
(a)establishing,as necessary,maximum concentration values
up to which the prence of the substances referred to in Article4(1)in specific materials and components of elec-trical and electronic equipment shall be tolerated;
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(b)exempting materials and components of electrical and elec-
tronic equipment from Article4(1)if their elimination or substitution via design changes or materials and compo-nents which do not require any of the materials or substances referred to therein is technically or scientifically impracticable,or where the negative environmental,health and/or consumer safety impacts caud by substitution are likely to outweigh the environmental,health and/or consumer safety benefits thereof;
(c)carrying out a review of each exemption in the Annex at
least every four years or four years after an item is added to the list with the aim of considering deletion of materials and components of electrical and electronic equipment from the Annex if their elimination or substitution via design changes or materials and components which do not require any of the materials or substances referred to in
Article4(1)is technically or scientifically possible,provided that the negative environmental,health and/or consumer safety impacts caud by substitution do not outweigh the possible environmental,health and/or consumer safety benefits thereof.
2.Before the Annex is amended pursuant to paragraph1, the Commission shall inter alia consult producers of electrical and electronic equipment,recyclers,treatment operators,envir-onmental organisations and employee and consumer associa-tions.Comments shall be forwarded to the Committee referred to in Article7(1).The Commission shall provide an account of the information it receives.
Article6
Review
Before13February2005,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,prent propo-sals for including in the scope of this Directive equipment which falls under categories8and9t out in Annex IA to Directive2002/96/EC(WEEE).
The Commission shall also study the need to adapt the list of substances of Article4(1),on the basis of scientific facts and taking the precautionary principle into account,and prent proposals to the European Parliament and Council for such adaptations,if appropriate.
Particular attention shall be paid during the review to the impact on the environment and on human health of other hazardous substances and materials ud in electrical and elec-tronic equipment.The Commission shall examine the feasibility of replacing such substances and materials and shall prent proposals to the European Parliament and to the Council in order to extend the scope of Article4,as appropriate.
Article7
Committee
1.The Commission shall be assisted by the Committee t up by Article18of Council Directive75/442/EEC(1).
2.Where reference is made to this paragraph,Articles5and 7of Decision1999/468/EC shall apply,having regard to Article8thereof.
The period provided for in Article5(6)of Decision1999/468/ EC shall be t at three months.
3.The Committee shall adopt its rules of procedure.
(1)OJ L194,25.7.1975,p.39.
Article8
Penalties
Member States shall determine penalties applicable to breaches of the national provisions adopted pursuant to this Directive. The penalties thus provided for shall be effective,proportionate and dissuasive.
Article9
Transposition
1.Member States shall bring into force the laws,regulations and administrative provisions necessary to comply with this Directive before13August2004.They shall immediately inform the Commission thereof.
When Member States adopt tho measures,they shall contain a reference to this Directive or be accompanied by such a refer-ence on the occasion of their official publication.The methods of making such a reference shall be laid down by the Member States.2.Member States shall communicate to the Commission the text of all laws,regulations and administrative provisions adopted in the field covered by this Directive.
Article10
Entry into force
This Directive shall enter into force on the day of its publica-tion in the Official Journal of the European Union.
Article11
Addres
This Directive is addresd to the Member States.
Done at Brusls,27January2003.
For the European Parliament
The President
P.COX
家常红烧排骨简单做法For the Council
The President
G.DRYS
ANNEX
Applications of lead,mercury,cadmium and hexavalent chromium,which are exempted from the requirements
折纸步骤of Article4(1)
1.Mercury in compact fluorescent lamps not exceeding5mg per lamp.
2.Mercury in straight fluorescent lamps for general purpos not exceeding:
—halophosphate10mg
—triphosphate with normal lifetime5mg
—triphosphate with long lifetime8mg.
3.Mercury in straight fluorescent lamps for special purpos.
4.Mercury in other lamps not specifically mentioned in this Annex.
5.Lead in glass of cathode ray tubes,electronic components and fluorescent tubes.
6.Lead as an alloying element in steel containing up to0,35%lead by weight,aluminium containing up to0,4%lead
by weight and as a copper alloy containing up to4%lead by weight.
7.—Lead in high melting temperature type in-lead solder alloys containing more than85%lead),
—lead in solders for rvers,storage and storage array systems(exemption granted until2010),
—lead in solders for network infrastructure equipment for switching,signalling,transmission as well as network management for telecommunication,
—lead in electronic ceramic piezoelectronic devices).产品陈列
8.Cadmium plating except for applications banned under Directive91/338/EEC(1)amending Directive76/769/EEC(2)
relating to restrictions on the marketing and u of certain dangerous substances and preparations.
9.Hexavalent chromium as an anti-corrosion of the carbon steel cooling system in absorption refrigerators.
10.Within the procedure referred to in Article7(2),the Commission shall evaluate the applications for:
—Deca BDE,
—mercury in straight fluorescent lamps for special purpos,
—lead in solders for rvers,storage and storage array systems,network infrastructure equipment for switching, signalling,transmission as well as network management for telecommunications(with a view to tting a specific time limit for this exemption),and
—light bulbs,
as a matter of priority in order to establish as soon as possible whether the items are to be amended accordingly.
(1)OJ L186,12.7.1991,p.59.
(2)OJ L262,27.9.1976,p.201.
