DIRECTIVE 2011/65/EU OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL
of 8 June 2011
on the restriction of the use of certain hazardous substances in electrical and electronic equipment
(recast)
(Text with EEA relevance)
THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE
EUROPEAN UNION,
Having regard to the Treaty on the Functioning of the European
Union, and in particular Article 114 thereof,
Having regard to the proposal from the European Commission,
Having regard to the opinion of the European Economic and
Social Committee (
1
),
Having regard to the opinion of the Committee of Regions (
2
),
Acting in accordance with the ordinary legislative procedure (
3
),
Whereas:
(1)
A number of substantial changes are to be made to
Directive 2002/95/EC of the European Parliament and
of the Council of 27 January 2003 on the restriction
of the use of certain hazardous substances in electrical
and electronic equipment (
4
). In the interest of clarity,
that Directive should be recast.
(2) The disparities between the laws or administrative
measures adopted by the Member States regarding the
restriction of the use of hazardous substances in electrical
and electronic equipment (EEE) could create barriers to
trade and distort competition in the Union and may
thereby have a direct impact on the establishment and
functioning of the internal market. It therefore appears
necessary to lay down rules in this field and to contribute
to the protection of human health and the environ
mentally sound recovery and disposal of waste EEE.
(3)
Directive 2002/95/EC provides that the Commission
shall review the provisions of that Directive, in particular,
in order to include in its scope equipment which falls
within certain categories and to study the need to adapt
the list of restricted substances on the basis of scientific
progress, taking into account the precautionary principle,
as endorsed by Council Resolution of 4 December 2000.
(4)
Directive 2008/98/EC of the European Parliament and of
the Council of 19 November 2008 on waste (
5
) gives first
priority to prevention in waste legislation. Prevention is
defined, inter alia, as measures that reduce the content of
harmful substances in materials and products.
(5)
Council Resolution of 25 January 1988 on a Community
action programme to combat environmental pollution by
cadmium (
6
) invited 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 use of
cadmium and stimulates research into substitutes should
therefore be implemented. The Resolution stresses that
the use of cadmium should be limited to cases where
suitable alternatives do not exist.
(6) Regulation (EC) No 850/2004 of the European
Parliament and of the Council of 29 April 2004 on
persistent organic pollutants (
7
) recalls that the objective
of protecting the environment and human health from
persistent organic pollutants cannot be sufficiently
achieved by the Member States, owing to the trans
boundary effects of those pollutants, and can therefore
be better achieved at Union level. Pursuant to that Regu
lation, releases of persistent organic pollutants, such as
dioxins and furans, which are unintentional by-products
of industrial processes, should be identified and reduced
as soon as possible with the ultimate aim of elimination,
where feasible.
(7)
The available evidence indicates that measures on the
collection, treatment, recycling and disposal of waste
EEE as set out in Directive 2002/96/EC of the
European Parliament and of the Council of 27 January
2003 on waste electrical and electronic equipment
(WEEE) (
8
) are necessary to reduce the waste management
problems associated with the heavy metals and flame
retardants concerned. In spite of those measures,
however, significant parts of waste EEE will continue to
be found in the current disposal routes inside or outside
the Union. Even if waste EEE were collected separately
and submitted to recycling processes, its content of
mercury, cadmium, lead, chromium VI, polybrominated
biphenyls (PBB) and polybrominated diphenyl ethers
(PBDE) would be likely to pose risks to health or the
environment, especially when treated in less than
optimal conditions.
EN
L 174/88 Official Journal of the European Union 1.7.2011
(
1
) OJ C 306, 16.12.2009, p. 36.
(
2
) OJ C 141, 29.5.2010, p. 55.
(
3
) Position of the European Parliament of 24 November 2010 (not yet
published in the Official Journal) and decision of the Council of
27 May 2011.
(
4
) OJ L 37, 13.2.2003, p. 19.
(
5
) OJ L 312, 22.11.2008, p. 3.
(
6
) OJ C 30, 4.2.1988, p. 1.
(
7
) OJ L 158, 30.4.2004, p. 7.
(
8
) OJ L 37, 13.2.2003, p. 24.
