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WEEE/RoHS Workshop

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Legal Basis<br />

<strong>WEEE</strong> Directive:<br />

Article 175 EC Treaty – Environmental Protection<br />

It shall « not prevent any Member State from maintaining or introducing more<br />

stringent protective measures » (Art. 176)<br />

<strong>RoHS</strong> Directive:<br />

Article 95 EC Treaty – Harmonisation of EU law / Single Market<br />

National derogations are not possible (except under very strict circumstances)<br />

Therefore, a Member State cannot normally add a 7th or 8th hazardous substance<br />

to the 6 banned under <strong>RoHS</strong><br />

WHITE & CASE LLP

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