Decision 2009/428 - 2009/428/EC: Commission Decision of 4 June 2009 amending, for the purposes of adapting to technical progress, the Annex to Directive 2002/95/EC as regards the exemption for an application of lead as impurity in RIG Faraday rotators used for fibre optic communication systems (notified under document number C(2009) 4165)

Please note

This page contains a limited version of this dossier in the EU Monitor.

Contents

  1. Current status
  2. Key information
  3. Key dates
  4. Legislative text
  5. Sources and disclaimer
  6. Full version
  7. EU Monitor

1.

Current status

This decision was in effect until January  3, 2013 and should have been implemented in national regulation on June  5, 2009 at the latest.

2.

Key information

official title

2009/428/EC: Commission Decision of 4 June 2009 amending, for the purposes of adapting to technical progress, the Annex to Directive 2002/95/EC of the European Parliament and of the Council as regards the exemption for an application of lead as impurity in RIG Faraday rotators used for fibre optic communication systems (notified under document number C(2009) 4165)
 
Legal instrument Decision
Number legal act Decision 2009/428
CELEX number i 32009D0428

3.

Key dates

Document 04-06-2009
Publication in Official Journal 05-06-2009; OJ L 139 p. 32-33
Effect 05-06-2009; Takes effect Date notif.
End of validity 03-01-2013; Repealed by 32011L0065
Notification 05-06-2009

4.

Legislative text

5.6.2009   

EN

Official Journal of the European Union

L 139/32
 

COMMISSION DECISION

of 4 June 2009

amending, for the purposes of adapting to technical progress, the Annex to Directive 2002/95/EC of the European Parliament and of the Council as regards the exemption for an application of lead as impurity in RIG Faraday rotators used for fibre optic communication systems

(notified under document number C(2009) 4165)

(Text with EEA relevance)

(2009/428/EC)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard 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 (1), and in particular Article 5(1)(c) thereof,

Whereas:

 

(1)

Directive 2002/95/EC requires the Commission to review the exempting for certain materials and components of electric and electronic equipment from Article 4(1) of that Directive.
 

(2)

Having carried out the required technical and scientific assessment, the Commission considers that RIG (rare earth iron garnet) Faraday rotators which meet the maximum concentration values set by Directive 2002/95/EC are currently available and that the exemption granted in this regard should be reviewed.
 

(3)

Directive 2002/95/EC should therefore be amended accordingly.
 

(4)

Pursuant to Article 5(2) of Directive 2002/95/EC, the Commission has consulted the relevant parties. During the consultation the need to ensure that producers are given sufficient time for the appropriate qualification of RIG Faraday rotators with the restriction of lead as laid down by Directive 2002/95/EC emerged. It should therefore be ensured that the health or consumer safety impacts caused by substitution are not likely to outweigh the environmental, health or consumer safety benefits of the substitution, in particular in safety-relevant equipment such as communication systems.
 

(5)

The measures provided for in this Decision are in accordance with the opinion of the Committee established by Article 18 of Directive 2006/12/EC of the European Parliament and of the Council (2),

HAS ADOPTED THIS DECISION:

Article 1

The Annex to Directive 2002/95/EC is amended as set out in the Annex to this Decision.

Article 2

This Decision is addressed to the Member States.

Done at Brussels, 4 June 2009.

For the Commission

Stavros DIMAS

Member of the Commission

 
 

ANNEX

In the Annex to Directive 2002/95/EC, point 22 is replaced by the following:

 

‘22.

Lead as impurity in RIG (rare earth iron garnet) Faraday rotators used for fibre optic communication systems until 31 December 2009.’
 

More

This text has been adopted from EUR-Lex.

 

5.

Sources and disclaimer

For further information you may want to consult the following sources that have been used to compile this dossier:

This dossier is compiled each night drawing from aforementioned sources through automated processes. We have invested a great deal in optimising the programming underlying these processes. However, we cannot guarantee the sources we draw our information from nor the resulting dossier are without fault.

 

6.

Full version

This page is also available in a full version containing the legal context, de Europese rechtsgrond, other dossiers related to the dossier at hand and the related cases of the European Court of Justice.

The full version is available for registered users of the EU Monitor by ANP and PDC Informatie Architectuur.

7.

EU Monitor

The EU Monitor enables its users to keep track of the European process of lawmaking, focusing on the relevant dossiers. It automatically signals developments in your chosen topics of interest. Apologies to unregistered users, we can no longer add new users.This service will discontinue in the near future.