To ask the Secretary of State for Trade and Industry what assessment he has made of the compatibility of the interpretation and implementation of the restriction of hazardous substances directive in the UK with that in (a) Germany, (b) Spain and (c) other European member states; and what assessment he has made of the extent of a risk of an illegal barrier to trade being created. (81663)

The assessment of legislation in other member states is a matter for the European Commission. Owing to the single-market legal basis of the RoHS Directive, the Commission is obliged to take action where any member state's legislation does not fully meet the aims and objectives. In addition, it should be noted that member states cannot go beyond the requirements imposed by a single-market directive.

To ask the Secretary of State for Trade and Industry what assessment he has made of the published guidance by ORGALIME, The European Engineering Industries Association representing the interests of the mechanical, electrical, electronic and metalworking industries, on the scope of products included in the restriction of hazardous substances and waste electrical and electronic equipment directives; and whether the European Commission has informed him that it has accepted this guidance. (81664)

The DTI has published its own guidance material for these two directives and the development of guidance by the industries affected by legislation is encouraged by the Department. It has to be understood, however, that such guidance is not legally binding and it should not conflict with the overall aims and objectives of the directives. The directives themselves, at a European level, and the regulations, at a UK level, are the only legally binding texts.

To ask the Secretary of State for Trade and Industry whether the National Weights and Measures Laboratory's proposed guidance on the Restriction of Hazardous Substances Directive will bring into its ambit a significant proportion of fixed industrial manufacturing machinery; what assessment he has made of the extent to which the proposed guidance will conform with the EC's original intention for the Directive not to include large-scale stationary industrial tools; and whether the proposed guidance will expand on the requirements of the Directive. (81665)

The DTI’s and NWML's guidance reflects the scope of the Directive and the Commission's frequently asked questions document.