the following is from an article published in the UK Electronics Weekly
last week.

Regards


Keith



 by Steve Bush

Tuesday 8 March 2005

MEPs call "foul" on Pb-free exemptions



Exemptions granted to the lead-free Directive (RoHS) are to be re-examined
after the European Parliament accused the European Commission of
over-stepping its authority when it sanctioned the exemptions last December.

"We want the Commission to withdraw its decision because it is flawed,"
Greens MEP Satu Hassi told EW. "A number of exemptions have been granted
although alternatives are available."

An adopted part of the Directive explicitly allows exemptions only where
there is no technical alternative to using one of the banned substances, and
does not allow exemptions on cost grounds. But, claims the Greens,
Commission-led stakeholder consultations included discussion of cost.

Greens/EFA alliance MEPs argue with the validity of some, but not all, of
the exemptions granted in the December decision. "We are not challenging the
entire decision, but some of the decision," said Hassi. "If there is no
technical alternative, grant an exemption, [but] the Commission was
super-lenient."

Identifying technical flaws in procedures used by the Commission to notify
the Parliament of RoHS committee work, the Greens have quashed the December
exemption decision.

Greens/EFA MEPs are now hoping the commission will remove the block of
questioned exemptions before its RoHS committee re-votes its decision on
March 16. "If they are clever, they will take it out," Hassi.

If not, the Greens will look for support amongst other parties, from a
Parliament which does not like the Commission to abuse its mandate. "We will
try to adopt a resolution as to why we believe the Commission has exceeded
its implementing power," said Hassi.

The challenge is also a shot across the Commission's bows as it considers a
further 22 completely new exemptions.

Scrutiny of Commission procedures has also put the RoHS Directive's
hard-fought 'maximum concentration' paragraph under a small, but finite,
threat.

Argued over for months last year, the largely-agreed key paragraph was on
the verge of a default acceptance by the Council of Ministers until the
Commissions procedural errors were found.

Now it is likely to be re-presented to the Council of Ministers, opening a
three month period where member states could potentially tear it up


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