Restriction of the use of certain hazardous substances in electrical and electronic equipment

These Briefings are prepared by the Ex-Ante Impact Assessment Unit of the European Parliament for the relavent EP Committee(s) examining the European Commission proposal. The Briefing analyses whether the principal criteria laid down in the Commission’s own Better Regulation Guidelines, as well as additional factors identified by the Parliament in its Impact Assessment Handbook, appear to be met by the IA. It does not attempt to deal with the substance of the proposal. It is drafted for informational and background purposes to assist the relevant parliamentary committee(s) and Members of the European Parliament more widely in their work.The European Commission Impact Assessment (IA) defines in a clear way the problems and the objectives of the proposed initiative, and is based on extensive research conducted by external contractors. However, it omits to explain the sequential process and the underlying assumptions leading to the identification of the four problems analysed, mentioning only the supporting studies. Also, it contains some discrepancies with respect to the supporting studies in terms of terminology and recommendations which are not explained in the IA.

A broad range of stakeholders provided valuable data and information that were used in the IA, even though only 40 (out of 300) provided comments and suggestions. The IA seems to make a reasonable case for the preferred options, which are reflected in the legislative proposal, intending to amend four articles of RoHS 2. However, one of these amendments has been proposed without a clear explanation being provided in the IA. The analysis of competitiveness of SMEs appears to be, in general, insufficiently developed or explained.

• Primary Source

EP: EPRS: Briefing: Implementation Appraisal: Ex-ante Impact Assessment http://www.europarl.europa.eu/thinktank/en/search.html?policyAreas=EXIMAS

ESO: Background information: Proposal for a Directive of the European Parliament and of the Council amending Directive 2011/65/EU on the restriction of the use of certain hazardous substances in electrical and electronic equipment (COM (2017)38) http://www.europeansources.info/record/proposal-to-amend-directive-2011-65-eu-on-the-restriction-of-the-use-of-certain-hazardous-substances-in-electrical-and-electronic-equipment/

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