32 Amendments of Kathleen VAN BREMPT related to 2008/0240(COD)
Amendment 79 #
Proposal for a directive
Recital 3a (new)
Recital 3a (new)
(3a) The study commissioned by the Commission on hazardous substances in electrical and electronic equipment highly recommended a phase-out of organobromines and organochlorines due to their potential to form polybrominated and polychlorinated dioxins and furans in waste treatment operations, and gave priority to the phase-out of PVC over selective risk management options to guarantee a reduced release of PVC, of its additives and of hazardous combustion products. It also recommends the labelling of beryllium metal and beryllium oxide and the voluntary phase-out combined with market surveillance of several other examined substances.
Amendment 80 #
Proposal for a directive
Recital 3b (new)
Recital 3b (new)
(3b) There is scientific uncertainty about the safety of nanomaterials for human health and the environment, no internationally agreed definition of a nanomaterial and no internationally agreed test guidelines; The Commission's Scientific Committee on Emerging and Newly Identified Health Risks (SCENIHR) adopted on 28-29 September 2005 an opinion on nanotechnologies which concluded that there are "major gaps in the knowledge necessary for risk assessment and concludes that "existing toxicological and eco-toxicological methods may not be sufficient to address all of the issues arising in relation to nanoparticles". There is increasing scientific evidence that some carbon nanotubes may behave like asbestos fibres and thus have severe impact on human health. The same holds for nanosilver particles which may end up in the environment and may have severe impact on soil, aquatic and terrestrial organisms.
Amendment 128 #
Proposal for a directive
Article 2 - paragraph 3- point c a (new)
Article 2 - paragraph 3- point c a (new)
(ca) means of transport;
Amendment 132 #
Proposal for a directive
Article 2 - paragraph 3- point c b (new)
Article 2 - paragraph 3- point c b (new)
(cb) large scale fixed industrial installations;
Amendment 133 #
Proposal for a directive
Article 2 - paragraph 3- point c c (new)
Article 2 - paragraph 3- point c c (new)
(cc) large scale industrial tools;
Amendment 135 #
Proposal for a directive
Article 2 - paragraph 3- point c d (new)
Article 2 - paragraph 3- point c d (new)
(cd) equipment which is manufactured in the Community or imported for the purposes of research and development and development vehicles;
Amendment 139 #
Proposal for a directive
Article 2 - paragraph 3- point c e (new)
Article 2 - paragraph 3- point c e (new)
(ce) Spare parts for the repair, or the reuse, updating of functionalities or upgrading of capacity, 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. This applies equally for the case of phase-in provisions for specific categories as detailed in Art. 4 of this Directive.
Amendment 148 #
Proposal for a directive
Article 2 - paragraph 3 a (new)
Article 2 - paragraph 3 a (new)
3a. Notwithstanding the exclusion from the scope of this Directive, economic operators shall take all measures necessary to reduce exposure to the substances listed in Annex IV in materials and components of EEE for consumers, workers and the environment to as low a level as is technically and practically possible.
Amendment 158 #
Proposal for a directive
Article 3 - point l a (new)
Article 3 - point l a (new)
(la) "mechanically disjointed" means materials can, in principle be separated by mechanical actions, such as unscrewing, cutting, crushing, grinding and abrasive process;
Amendment 160 #
Proposal for a directive
Article 3 - point p a (new)
Article 3 - point p a (new)
(pa) ‘nanomaterial’ means any intentionally produced material that has one or more dimensions of the order up to 300 nm or is composed of discrete functional parts, either internally or at the surface, many of which have one or more dimensions up to the order of 300 nm, including structures, agglomerates or aggregates, and those which may have a size above the order of 300 nm but retain properties that are characteristic to the nanoscale: (i) properties related to the large specific surface area of the materials considered; (ii) specific physico-chemical properties that are different from those of the non- nanoform of the same material.
Amendment 170 #
Proposal for a directive
Article 3 - point p c (new)
Article 3 - point p c (new)
(pc) 'means of transport' means a vehicle having more than two wheels used for transport of people or cargo, such as airplanes, ships, trains, trams, busses, trucks and cars;
Amendment 171 #
Proposal for a directive
Article 3 - point p d (new)
Article 3 - point p d (new)
(pd) 'large scale fixed industrial installations' means a particular combination of several types of apparatus and, where applicable, other devices, which are intended for use in an industrial environment, assembled and installed permanently at a predefined location and which cannot be removed without destruction of the building or part of the building;
Amendment 172 #
Proposal for a directive
Article 3 - point p e (new)
Article 3 - point p e (new)
(pe) 'large scale industrial tools' means machines or systems designed to be used in industry only. They are installed by specialized personnel employed by the manufacturer, the user, a manufacturer representative or other specialized professionals responsible for the installation activity only. They are permanently located during their phase of use.
Amendment 174 #
Proposal for a directive
Article 3 - point p f (new)
Article 3 - point p f (new)
(pf) 'development vehicles' include boards and systems used for evaluation, validation, demonstration, or development and engineering samples that are not intended to be placed on the market as a single functional or commercial unit;
Amendment 180 #
Proposal for a directive
Article 4 - paragraph 1
Article 4 - paragraph 1
1. Member States shall ensure that, EEE including spare parts for its repair or its reuse, updating of functionalities or upgrading of capacity placed on the market does not contain the substances listed in Annex IV. , Part A.
Amendment 182 #
Proposal for a directive
Article 4 - paragraph 1 a (new)
Article 4 - paragraph 1 a (new)
1a. Member States shall ensure that EEE including spare parts for its repair or its reuse, updating of functionalities or upgrading of capacity placed on the market does not contain the substances listed in Annex IV, Part B.
Amendment 183 #
Proposal for a directive
Article 4 - paragraph 1 b (new)
Article 4 - paragraph 1 b (new)
1b. Member States shall ensure that EEE including substances listed in Annex IVa are labelled as per a methodology to be developed under Article 6 paragraph 1 indent 3 a (new).
Amendment 184 #
Proposal for a directive
Article 4 - paragraph 4
Article 4 - paragraph 4
Amendment 215 #
Proposal for a directive
Article 5 - paragraph 1 - point b - second indent
Article 5 - paragraph 1 - point b - second indent
– the availability and reliability of substitutes is not ensured, . The Commission shall be cautious with respect to monopoly situations or intellectual property restrictions being a potential underlying reason for insufficient availability of substitutes. Such situations shall be referred to in the respective evaluation study of applications for exemption, and recommendations should be presented for addressing the situation with a view to wider distribution of a substitute.
Amendment 232 #
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. validity period up to four years, decided on a case- by-case basis, for categories 1, 2, 3, 4, 5, 6, 7, 10 and 11 of Annex I and a maximum validity period up to 8 years, decided on a case-by-case basis, for category 8 and category 9 industrial equipment of Annex I. Exemptions may be renewed. The Commission shall take into account socio-economic impacts when deciding on the duration of an exemption. The Commission shall decide no later than six months before an exemption expires on any application for renewal that is submitted no later than 18 months before an exemption expires. Where the Commission considers that more than the time until expiry of the exemption is necessary for regulatory certification procedures or to ensure adequate availability of substitutes, it shall grant a grace period after 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 time of expiry of the exemption. The specific exemptions in Annexes V, VI and VIa should clearly indicate key dates and deadlines, i.e. the date of expiry of the exemption, the deadline for the application for renewal, and the expiry date of the transition period in the event that a renewal is not granted. If an application for renewal has been made by the latest application date but no decision has been taken in the timeframe described above, the exemptions shall remain valid after the review date until a decision on the application for renewal has been taken. Those measures, designed to amend non- essential elements of this Directive, shall be adopted according to Article 290 of the Treaty.
Amendment 255 #
Proposal for a directive
Article 6 - paragraph 1 - indent 1
Article 6 - paragraph 1 - indent 1
- applications for the exemption including a format and types of verifiable information to be provided and comprehensive guidance when introducing those applications, including analysis of the alternatives on a life-cycle basis and, if suitable alternatives are available, substitution plans as referred to in Regulation (EC) No 1907/2006, including transition times necessary for regulatory certification and sufficient supply of suitable alternatives. A clear timeline for exemption procedures, including relevant references to ECHA procedures, should be available on the Commission's website. Dossiers and documents to be provided for the application for exemption should, as far as possible, refer to data and documentation needed for the authorisation procedure under Regulation (EC) No 1907/2006 (REACH).
Amendment 258 #
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 aconcerning review, the latest application and the expiry dates of the Commission Decision on the renewal of exemptions.
Amendment 261 #
Proposal for a directive
Article 6 - paragraph 1 - indent 3 a (new)
Article 6 - paragraph 1 - indent 3 a (new)
- labelling requirements for the substances included in Annex IVa (new) in accordance with Article 4(1)b (new), with regard to the improvement of recyclability. These requirements shall take into account provisions under Directive 2005/32/EC of the European Parliament and of the Council of 6 July 2005 establishing a framework for the setting of eco-design requirements for energy-using products, avoiding the creation of overlaps with the latter but establishing synergies where possible. A standard for the identification and detection of nanomaterials needs to be developed, to be used for this Directive, but also in view of broader application for other legislation with relevance to nanomaterials.
Amendment 262 #
Proposal for a directive
Article 6 - paragraph 1 - indent 3 b (new)
Article 6 - paragraph 1 - indent 3 b (new)
- the broadening and potential institutionalisation of channels for exchange with third countries, be it via regulatory dialogues, international helpdesks or training programmes, so to ensure that information on RoHS provisions is available and understood in third countries.
Amendment 265 #
Proposal for a directive
Article 6 - paragraph 1 a (new)
Article 6 - paragraph 1 a (new)
The Commission shall mandate European standardisation bodies without delay to develop harmonised standards for RoHS compliance for each product category listed in Annex I.
Amendment 267 #
Proposal for a directive
Article 6 - paragraph 1 b (new)
Article 6 - paragraph 1 b (new)
The Commission shall also, by that date, review the scope and the list of exclusions in Article 2 of this Directive and, based on a comprehensive impact assessment, suggest the inclusion of further product categories if deemed beneficial in view of this Directive's objectives. Specific attention should be given to the potential inclusion of specific consumables and accessories, or of equipment which is part of another type of equipment that does not fall within the scope of this Directive according to Article 2.
Amendment 268 #
Proposal for a directive
Article 6 a (new)
Article 6 a (new)
Amendment 273 #
Proposal for a directive
Article 6 b (new)
Article 6 b (new)
Where new restrictions or authorisation duties are adopted pursuant to Regulation (EC) No 1907/2006 with regard to hazardous substances in EEE, the relevant Annexes of this Directive shall be amended accordingly. Those measures, designed to amend non- essential elements of this Directive, shall be adopted according to Article 290 of the Treaty.
Amendment 292 #
Proposal for a directive
Article 16 - paragraph 2
Article 16 - paragraph 2
Amendment 310 #
Proposal for a directive
Annex III
Annex III
Substances referred to in Article 4(7) 1. Hexabromocyclododecane (HBCDD) 2. Bis (2-ethylhexyl) phthalate (DEHP) 3. Butyl benzyl phthalate (BBP) 4. Dibutylphthalate (DBP)6a 1. Polyvinylchloride (PVC) 2. Nano-materials, especially asbestos-like carbon-nanotubes and nanosilver
Amendment 315 #
Proposal for a directive
Annex IV
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 Medium-chain chlorinated paraffins (MCCP)
Amendment 317 #
Proposal for a directive
Annex IVa (new)
Annex IVa (new)
(Annex IV a) 1. Nano-silver 2. Asbestos like carbon-nanotubes 3. Beryllium metall 4. Berylllium oxide (BeO)