Update on pipe organ issue
05 April 2006
Jim Allister MEP, having taken up the issue of the inclusion of pipe organs in the RoHS and WEE Directives, has now received the following Answer from the Commission:-
Reply to oral question
H-0257/06
by Mr Allister
4.4.2006
"Directive 2002/95/EC on the restriction of the use of certain hazardous substances in electrical and electronic equipment - the RoHS Directive - prohibits, amongst others, the use of lead in new electrical and electronic equipment put on the Community market after 1 July 2006.
The RoHS Directive covers equipment depending on or generating, transferring or measuring electric currents or electromagnetic fields as well as equipment falling under Annex IA to Directive 2002/96/EC (Waste Electrical and Electronic Equipment) which does not exceed certain volt limits mentioned in Article 3 (1) of this Directive. In its Frequently Asked Questions (FAQ) document, which is published on the "Europa" web site, the Commission has provided (legally-non binding) guidance for the Member States on the interpretation of the scope of this Directive.
The Commission is, at this moment, analysing whether and, if so, to what extent, organ pipes are covered by the scope of the RoHS Directive. To this end, the Commission has, as a first step, consulted the Member State experts in the Technical Adaptation Committee, in order to obtain an overview of the national situation. Once the Commission has finalised its assessment it will make its findings public in the above-mentioned FAQ document.
The Commission would like to make clear that even if organ pipes were to be covered by the scope of the RoHS Directive, it will have no impact on pipe organs which were already on the market before 1 July 2006 or on their repair even after this date. In this case, producers of 'new' pipe organs, which will be put on the market after 1 July 2006, could apply for an exemption.
Finally, it should be noted that the Commission has committed itself to review the RoHS Directive by 2008 at the latest in order to simplify and clarify its provisions, insofar this would be appropriate. In order to prepare for this review, the Commission has started a fact-finding exercise on the current implementation problems with respect to this Directive, including its scope."
Not satisfied that the producers of new pipe organs should be put to the effort and cost of seeking exemptions, Mr Allister has now tabled the follow-up Question below:-
"Further to the reply to Oral Question H-0257/06, would it not be more pragmatic and satisfactory to proceed by way of amending the Directives to provide a derogation for new pipe organs as the process of seeking an exemption puts the onus and cost on manufacturers who are not the authors of this "faux pas", inevitably involves delay and in any event is time-limited, thus requiring further exemption applications in the future?"
[1] OJ L 37, 13. 2. 2003
[2] http://europa.eu.int/comm/environment/waste/pdf/faq_weee.pdf.
