title: COMMISSION DELEGATED DIRECTIVE (EU) .../ amending, for the purpose of adapting to technical and scientific progress, Annex III to Directive 2011/65/EU of the European Parliament and of the Council as regards an exemption for the use of mercury in non-linear tri-band phosphor lamps

text:
               EXPLANATORY MEMORANDUM

               1.CONTEXT OF THE DELEGATED ACT

               This Commission Delegated Directive amends, for the purpose of adapting to technical and scientific progress, Annex III to Directive 2011/65/EU of the European Parliament and of the Council on the restriction of the use of certain hazardous substances in electrical and electronic equipment (recast)
                  1
                (the RoHS Directive). The amendment concerns an exemption for specific applications containing mercury in non-linear tri-band phosphor lamps.

               The RoHS Directive restricts the use of certain hazardous substances in electrical and electronic equipment (EEE), as specified in Article 4. Ten substances are currently restricted and listed in Annex II to the Directive: lead, mercury, cadmium, hexavalent chromium, polybrominated biphenyls (PBB), polybrominated diphenyl ethers (PBDE), bis (2‑ethylhexyl) phthalate (DEHP), butyl benzyl phthalate (BBP), dibutyl phthalate (DBP) and diisobutyl phthalate (DIBP). Annexes III and IV list EEE materials and components for specific applications that are exempt from the substance restrictions laid down in Article 4(1).

               Article 5 of the Directive provides for adaptation of Annexes III and IV to scientific and technical progress, which can include granting, renewing or revoking  exemptions. Pursuant to Article 5(1)(a), exemptions are to be included in Annexes III and IV only if this does not weaken the environmental and health protection afforded by Regulation (EC) No 1907/2006 (REACH)
                  2
                and only if they meet any of the following conditions: (i) elimination or substituting the substance via design changes or materials and components which do not require any of the materials or substances listed in Annex II is scientifically or technically impracticable; (ii) the reliability of substitutes is not ensured; (iii) the total negative environmental, health and consumer safety impacts caused by substituting the substance are likely to outweigh the total environmental, health and consumer safety benefits thereof.

               Decisions on exemptions, and their duration, must also take into account the availability of substitutes and the socioeconomic impact of substitution. Decisions on the duration of exemptions must take into account any potential impact on innovation. Life-cycle thinking on the overall impacts of the exemption must be applied, where relevant.

               Article 5(1)(a) also specifies that, to include materials and components of EEE for specific applications listed in Annexes III and IV, the Commission must adopt individual delegated acts. Article 5(3) and Annex V describe the procedure for submitting exemption-related applications.

               2.CONSULTATIONS PRIOR TO THE ADOPTION OF THE ACT

               The Commission received requests
                  3
                from economic operators to grant or renew exemptions under Article 5(3) and Annex V to the RoHS Directive.

               The current Annex III exemption 2(b)(3) permits the use of mercury in non-linear tri-band phosphor lamps with a tube diameter of > 17 mm (e.g. T9): 15 mg.

               The Commission received two applications to renew this exemption in 2015. The applicants in essence claimed that substitutes for the applications covered by that exemption were not available.
                  4
                One of the applications was renewed in January 2020 with additional information, in particular as concerns the practicable mercury limit. In line with the requirements of the RoHS Directive (Article 5(5) (second subparagraph)), an exemption remains valid until the Commission  takes a decision on the renewal application.

               To evaluate the application to renew that exemption, the Commission launched a study
                  5
                in June 2015, concluded in 2016, to carry out the required technical and scientific assessment, including an eight-week online stakeholder consultation.
                  6
                Further to that study assessing the extensive technical and scientific data and contributions received, as documented in the study report, the Commission carried out in 2019
                  7
                an update of the 2016 study, focused on the socioeconomic assessment and on the availability of substitutes of this and other exemptions. The final report of the study was published
                  8
                and stakeholders were notified.

               The Commission consulted the Member State expert group for delegated acts under the RoHS Directive during the expert meetings of 1 September 2016, 29 October 2018 and 21 October 2019 to collect the Member States’ views on an envisaged course of action in line with the conclusions of the evaluations. It carried out all the requisite procedural steps relating to exemptions from the substance restriction under Articles 5(3) to 5(7).
                  9
                The Council and the European Parliament were notified of all activities.

               The final supporting study highlighted that:

               ·substitutes are available at system level (light-emitting diodes (LED) luminaires), but the range of substitutes at component level (replacement LED) and their compatibility with existing installations is yet to be verified in terms of dimensions and electric compatibility;

               ·more time is needed to develop sufficient compatible alternatives, hence the study recommended renewing the exemption for the maximum duration of three years;

               ·however, the reduction in mercury content limits is already technically possible.

               In conclusion, the scientific and technical assessments, including stakeholder consultations, detailed that the exemption criteria continue to be met with regard to exemption 2(b)(3) as reliable substitutes are not yet available. The evaluation results also showed that the specific exemption would not weaken the environmental and health protection afforded by the REACH Regulation, in accordance with Article 5 of Directive 2011/65/EU.

               In accordance with the Better Regulation Guidelines, the draft Delegated Directive was published on the Better Regulation Portal for a four-week public feedback period. During that period , 23 contributions were received. The draft act was revised and clarified taking into consideration some of the points raised.

               3.LEGAL ELEMENTS OF THE DELEGATED ACT

               The delegated directive renews exemption 2(b)(3) listed in Annex III to Directive 2011/65/EU for the use of mercury in specified applications.

               The Commission’s assessment, based on the supporting studies and consultations, concluded that the exemption request meets at least one of the criteria laid down in Article 5(1)(a) of the RoHS Directive that justifies extending the exemption: the substitution of mercury with reliable substitutes in the lamp categories concerned by this exemption cannot currently be ensured.

               In summary, the conditions for the exemption are fulfilled, and exemption 2(b)(3) is to be renewed. The assessment also concluded that the mercury concentration limit in the lamp categories covered by that exemption can be lowered from 15 mg to 10 mg per lamp.

               The expiry date for this exemption is set in line with Article 5(2)(first subparagraph). As concluded by the evaluation, the state of development of substitutes justifies renewing the exemption for three more years. The validity period is not expected to have an adverse impact on innovation.

               The legal instrument is a delegated directive, which is in line with the enabling legal act, Directive 2011/65/EU, in particular with the delegation set out in Article 5(1) and 20 thereof.

               The objective of the delegated directive is to contribute to the protection of human health and the environment and to align the provisions for the functioning of the internal market in the field of electrical and electronic equipment, by allowing the use of otherwise banned substances for specific applications, with the provisions and under the conditions of the RoHS Directive and the procedure for adapting Annexes III and IV to scientific and technical progress.

               The delegated directive has no implications on the EU budget.

               COMMISSION DELEGATED DIRECTIVE (EU) .../…

               of 13.12.2021

               amending, for the purpose of adapting to technical and scientific progress, Annex III to Directive 2011/65/EU of the European Parliament and of the Council as regards an exemption for the use of mercury in non-linear tri-band phosphor lamps

               (Text with EEA relevance)

               THE EUROPEAN COMMISSION,

               Having regard to the Treaty on the Functioning of the European Union,

               Having regard to Directive 2011/65/EU of the European Parliament and of the Council of 8 June 2011 on the restriction of the use of certain hazardous substances in electrical and electronic equipment
                  10
               , and in particular Article 5(1), point (a), thereof,

               Whereas:

               (1)Directive 2011/65/EU requires Member States to ensure that electrical and electronic equipment placed on the market does not contain the hazardous substances listed in Annex II to that Directive. That restriction does not apply to certain exempted applications listed in Annex III to that Directive.

               (2)The categories of electrical and electronic equipment to which Directive 2011/65/EU applies are listed in Annex I to that Directive.

               (3)Mercury is a restricted substance listed in Annex II to Directive 2011/65/EU.

               (4)By Decision 2010/571/EU
                  11
               , the Commission granted, among other things, an exemption for the use of mercury in non-linear tri-band phosphor lamps with tube diameter > 17 mm (e.g. T9) (‘the exemption’), which is now listed as exemption 2(b)(3) in Annex III to Directive 2011/65/EU. The exemption was to expire on 21 July 2016, in accordance with Article 5(2), second subparagraph, point (a), of that Directive.

               (5)Mercury is used in non-linear tri-band phosphor lamps to produce ultraviolet light, which is then converted into visible light by the fluorescent coating on the lamp. The composition of the coating, which contains the mercury, determines light colour and colour rendering.

               (6)On 19 December 2014 and 15 January 2015, the Commission received two applications for renewal of the exemption (‘the renewal application’), that is within the time limit laid down in Article 5(5) of Directive 2011/65/EU, one of which was updated with additional information in January 2020. In accordance with Article 5(5) of Directive 2011/65/EU, an exemption remains valid until a decision on the renewal request has been taken.

               (7)The evaluation of the renewal application, which took into account the availability of substitutes and the socioeconomic impact of substitution, concluded that the substitution or elimination of mercury in the applications concerned is currently technically impracticable. That evaluation further concluded that the mercury concentration limit in the lamp categories covered by that exemption can be lowered from 15 mg to 10 mg per lamp. The evaluation included stakeholder consultations in accordance with Article 5(7) of Directive 2011/65/EU. The comments received during those consultations were made publicly available on a dedicated website.

               (8)The exemption is consistent with Regulation (EC) No 1907/2006 of the European Parliament and of the Council
                  12
                and thus does not weaken the environmental and health protection afforded by it.

               (9)It is therefore appropriate to grant the renewal of the exemption, with a revised wording, setting out the limited scope of the exemption, for a period of three years, in accordance with Article 5(2), first subparagraph, of Directive 2011/65/EU, to collect further data related to the availability of substitutes for the specific lamp types covered by that exemption. In accordance with Article 5(6) of Directive 2011/65/EU, an expiry date of 12 months should be set for the current exemption 2(b)(3). In view of the results of the ongoing efforts to find a reliable substitution, the duration of the exemption is unlikely to have adverse impacts on innovation.

               (10)Directive 2011/65/EU should therefore be amended accordingly,

               HAS ADOPTED THIS DIRECTIVE:

               Article 1

               Annex III to Directive 2011/65/EU is amended as set out in the Annex to this Directive.

               Article 2

               1.Member States shall adopt and publish, by [the last day of the sixth month after the date of entry into force of this Directive] at the latest, the laws, regulations and administrative provisions necessary to comply with this Directive. They shall forthwith communicate to the Commission the text of those provisions.

               They shall apply those provisions from [the last day of the sixth month after the date of entry into force of this Directive + 1 day].

               When Member States adopt those provisions, they shall contain a reference to this Directive or be accompanied by such a reference on the occasion of their official publication. Member States shall determine how such reference is to be made.

               2.Member States shall communicate to the Commission the text of the main provisions of national law which they adopt in the field covered by this Directive.

               Article 3

               This Directive shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.

               Article 4

               This Directive is addressed to the Member States.

               Done at Brussels, 13.12.2021

                     For the Commission

                     The President
                     Ursula VON DER LEYEN

                     (1)

                        OJ L 174, 1.7.2011, p. 88.

                     (2)

                        OJ L 396, 30.12.2006, p. 1.

                     (3)

                        The list is available at:
                  https://ec.europa.eu/environment/waste/rohs_eee/adaptation_en.htm
                  .

                     (4)

                        https://rohs.exemptions.oeko.info/fileadmin/user_upload/RoHS_Pack_9/Exemption_2_b__3-4_/Lighting_Europe/2b3_LE_RoHS_Exemption__Req_Final.pdf and https://rohs.exemptions.oeko.info/fileadmin/user_upload/RoHS_Pack_9/Exemption_2_b__3-4_/NARVA/01_02_a__2b3_4a.pdf.

                     (5)

                        The final report of the study is available at
                  https://op.europa.eu/en/publication-detail/-/publication/a3fdcc8c-4273-11e6-af30-01aa75ed71a1
                  .

                     (6)

                        Consultation period: 21 August 2015 to 16 October 2015,
                  https://rohs.exemptions.oeko.info
                  .

                     (7)

                  https://rohs.exemptions.oeko.info/fileadmin/user_upload/reports/FWCW_RoHS_Lamps_SEA_20190729_Final.pdf

                     (8)

                     https://ec.europa.eu/environment/waste/rohs_eee/studies_rohs1_en.htm
                     .

                     (9)

                        A list of the required administrative steps is available on the
                  Commission website
                  . The current stage of the procedure can be viewed for each draft delegated act in the Inter-institutional Registry of Delegated Acts at
                  https://webgate.ec.europa.eu/regdel/#/home
                  .

                     (10)

                        OJ L 174, 1.7.2011, p. 88.

                     (11)

                        Commission Decision 2010/571/EU of 24 September 2010 amending, for the purposes of adapting to scientific and technical progress, the Annex to Directive 2002/95/EC of the European Parliament and of the Council as regards exemptions for applications containing lead, mercury, cadmium, hexavalent chromium, polybrominated biphenyls or polybrominated diphenyl ethers (OJ L 251, 25.9.2010, p. 28).

                     (12)

                        Regulation (EC) No 1907/2006 of the European Parliament and of the Council of 18 December 2006 concerning the Registration, Evaluation, Authorisation and Restriction of Chemicals (REACH) establishing a European Chemicals Agency, amending Directive 1999/45/EC and repealing Council Regulation (EEC) No 793/93 and Commission Regulation (EC) No 1488/94 as well as Council Directive 76/769/EEC and Commission Directives 91/155/EEC, 93/67/EEC, 93/105/EC and 2000/21/EC (OJ L 396, 30.12.2006, p. 1).

    ---documentbreak---

               ANNEX

               In Annex III to Directive 2011/65/EU, entry 2(b)(3) is replaced by the following:

                        Exemption

                        Scope and dates of applicability

                        ‘2(b)(3)

                        Non-linear tri-band phosphor lamps with tube diameter > 17 mm (e.g. T9): 15 mg

                        Expires on [PO: 12 months after the publication of the Delegated Directive in the Official Journal]; 10 mg may be used per lamp from [PO: 12 months + one day after the publication of the Delegated Directive in the Official Journal] until [PO: three years after the publication of the Delegated Directive in the Official Journal]’


title: COMMISSION DELEGATED DIRECTIVE (EU) .../ amending, for the purposes of adapting to scientific and technical progress, Annex III to Directive 2011/65/EU of the European Parliament and of the Council as regards an exemption for the use of mercury in cold cathode fluorescent lamps and external electrode fluorescent lamps for special purposes

text:
               EXPLANATORY MEMORANDUM

               1.CONTEXT OF THE DELEGATED ACT

               This Commission Delegated Directive amends, for the purpose of adapting to technical and scientific progress, Annex III to Directive 2011/65/EU of the European Parliament and of the Council on the restriction of the use of certain hazardous substances in electrical and electronic equipment (recast)
                  1
                (the RoHS Directive). The amendment concerns an exemption for specified applications containing mercury in cold cathode fluorescent lamps (CCFLs) and external electrode fluorescent lamps (EEFLs) for special purposes.

               Article 4 of the RoHS Directive restricts the use of certain hazardous substances in electrical and electronic equipment (EEE). Restrictions currently apply to 10 substances, which are listed in Annex II to the Directive: lead, mercury, cadmium, hexavalent chromium, polybrominated biphenyls (PBB), polybrominated diphenyl ethers (PBDE), bis (2‑ethylhexyl) phthalate (DEHP), butyl benzyl phthalate (BBP), dibutyl phthalate (DBP) and diisobutyl phthalate (DIBP). Annexes III and IV list the materials and components of EEE for specific applications exempted from the substance restrictions under Article 4(1).

               Article 5 of the Directive provides for Annexes III and IV to be adapted to scientific and technical progress, which can involve granting, renewing and revoking exemptions. Pursuant to Article 5(1)(a), exemptions are to be included in Annexes III and IV only if this does not weaken the environmental and health protection afforded by Regulation (EC) No 1907/2006 (REACH)
                  2
                and only if they meet any of the following conditions: (i) elimination or substituting the substance via design changes or materials and components which do not require any of the materials or substances listed in Annex II is scientifically or technically impracticable; (ii) the reliability of substitutes is not ensured; (iii) the total negative environmental, health and consumer safety impacts caused by substituting the substance are likely to outweigh the total environmental, health and consumer safety benefits thereof.

               Decisions on exemptions and their duration are to take into account the availability of substitutes and the socioeconomic impact of substitution. Decisions on their duration are to take into account any potential impact on innovation. Life-cycle thinking on the overall impacts of the exemption is to apply, where relevant.

               Article 5(1)(a) of the Directive requires the Commission to include materials and components of EEE for specific applications listed in Annexes III and IV by means of individual delegated acts. Article 5(3) and Annex V establish the procedure for submitting exemption‑related applications.

               2.CONSULTATIONS PRIOR TO THE ADOPTION OF THE ACT

               The Commission receives requests
                  3
                from economic operators to grant or renew exemptions pursuant to Article 5(3) of and Annex V to the RoHS Directive.

               The current exemption 3 (a) to (c)  of Annex III permits the use of mercury in cold cathode fluorescent lamps and external electrode fluorescent lamps (CCFL and EEFL) for special purposes not exceeding (per lamp): 3(a) Short length (≤ 500 mm):3,5 mg; 3(b) Medium length (> 500 mm and ≤ 1 500 mm): 5 mg; 3(c) Long length (> 1 500 mm):13 mg.

               The Commission received one application for renewal of this exemption on 15 January 2015. The applicants in essence claimed the lack of availability of substitutes for applications covered by that exemption, which have extremely long effective life and can be replaced by manufacturers and professionals only.
                  4
                An additional renewal application, from the same applicants, was received in January 2020. In line with the requirements of the RoHS Directive (Article 5(5), second subparagraph), the exemption remains valid until the Commission takes a decision on the renewal application.

               To evaluate the application to renew that exemption, the Commission launched a study in June 2015
                  5
               , concluded in 2016, to carry out the required technical and scientific assessment, including an eight-week online stakeholder consultation.
                  6
                Further to that study assessing the extensive technical and scientific data and contributions received, as documented in the study report, the Commission carried out two complementary studies/updates, including stakeholder involvement. The study published in 2019
                  7
                focused on the socioeconomic assessment and on the availability of substitutes, whilst an update based on recent figures and modelling was carried out in 2020
                  8
               . The final reports of the study and of the socioeconomic assessment updates were published
                  9
               ; stakeholders were notified.

               The Commission consulted the Member State expert group for delegated acts under the RoHS Directive during the expert meetings of 1 September 2016, 29 October 2018 and 21 October 2019 to collect Member States’ views on an envisaged course of action in line with the conclusions of the evaluations. It carried out all the requisite procedural steps relating to exemptions from the substance restriction under Article 5(3) to 5(7)
                  10
               . The Council and the European Parliament were notified of all activities.

               The final supporting study pointed out that mercury-free substitutes in the form of light‑emitting diodes (LEDs) are available and are used as lighting sources in new equipment coming onto the market. However, it concluded that it is not feasible to use LED lamps as replacements for the repair of EEE originally designed with CCFL/EEFL light sources. Therefore, the exemption should be renewed for the latter.

               In conclusion, the scientific and technical assessments, including stakeholder consultations, found that:

               –the exemption criteria continue to be met with regard to exemption 3(a) to (c), as it is not feasible to use LED lamps as replacements for the repair of EEE originally designed with CCFL/EEFL light sources; and

               –due to the very long life of CCFLs/EEFLs, the renewal of the exemption for 3 more years is justified.

               The evaluation also found that the renewal would not weaken the environmental and health protection afforded by the REACH Regulation (in accordance with Article 5 of the Directive).

               In accordance with the Better Regulation Guidelines, the draft Delegated Directive was published on the Better Regulation Portal for a four-week public feedback period. During the consultation on the draft act, 10 contributions were received. The exemption wording was clarified based on the comments received from the members of the public. . The draft act was further revised to set a validity period of three years instead of five years as information that the availability of substitutes has advanced in the last years since the assessment in 2016 was provided during the consultation. Moreover, the validity period of three years is in line with the expiry date of the similar exemption 35 in Annex IV of the RoHS Directive concerning also cold cathode fluorescent lamps. The validity period of three years is furthermore coherent with Ecodesign requirements as many lamps, which fall under this exemption under the RoHS Directive, will not meet from September 2021 the energy requirements set by the Ecodesign Regulations 2019/2020
                  11
                and 2019/2021
                  12
               .

               3.LEGAL ELEMENTS OF THE DELEGATED ACT

               The delegated directive renews exemption 3(a) to (c) in Annex III to the RoHS Directive, for the use of mercury in specified applications.

               The Commission’s assessment, based on the supporting studies and consultations, concluded that the exemption request meets at least one of the criteria of Article 5(1)(a) of the RoHS Directive, which justifies extending the exemption: mercury cannot be reliably substituted in the lamp categories covered by this exemption.

               In summary, the conditions for the exemption are fulfilled, and exemption 3 entries (a) to (c) is to be renewed.

               The dates by which the exemption is to expire are set in line with Article 5(2), first subparagraph. The evaluation concluded that the state of development of substitutes justifies renewal for a period of 3 years. This is not expected to have adverse impacts on innovation.

               The legal instrument is a delegated directive, as provided for by Directive 2011/65/EU, in particular to meet the requirements set out in Article 5(1)(a) thereof.

               The objective of the delegated directive is to contribute to the protection of human health and the environment and to align the provisions for the functioning of the internal market in the field of electrical and electronic equipment, by allowing the use of otherwise banned substances for specific applications, with the provisions and under the conditions of RoHS and the therein established procedure for the adaptation of the Annexes III and IV to scientific and technical progress.

               The delegated directive has no implications on the EU budget.

               COMMISSION DELEGATED DIRECTIVE (EU) .../…

               of 13.12.2021

               amending, for the purposes of adapting to scientific and technical progress, Annex III to Directive 2011/65/EU of the European Parliament and of the Council as regards an exemption for the use of mercury in cold cathode fluorescent lamps and external electrode fluorescent lamps for special purposes

               (Text with EEA relevance)

               THE EUROPEAN COMMISSION,

               Having regard to the Treaty on the Functioning of the European Union,

               Having regard to Directive 2011/65/EU of the European Parliament and of the Council of 8 June 2011 on the restriction of the use of certain hazardous substances in electrical and electronic equipment
                  13
               , and in particular Article 5(1), point (a), thereof,

               Whereas:

               (1)Directive 2011/65/EU requires Member States to ensure that electrical and electronic equipment placed on the market does not contain the hazardous substances listed in Annex II to that Directive. That restriction does not apply to certain exempted applications listed in Annex III to that Directive.

               (2)The categories of electrical and electronic equipment to which Directive 2011/65/EU applies are listed in Annex I to that Directive.

               (3)Mercury is a restricted substance listed in Annex II to Directive 2011/65/EU.

               (4)By Decision 2010/571/EU
                  14
               , the Commission granted, among other things, an exemption for the use of mercury in cold cathode fluorescent lamps and external electrode fluorescent lamps (CCFL and EEFL) for special purposes (‘the exemption’), which is now listed as exemption 3(a), 3(b) and 3(c) in Annex III to Directive 2011/65/EU. The exemption was to expire on 21 July 2016, in accordance with Article 5(2), second subparagraph, point (a), of that Directive.

               (5)The exemption covers a heterogeneous group of lamps of different shapes, technologies, applications, and purposes. Mercury is used in the discharge tube, which is essential to convert electrical energy to light.

               (6)On 15 January 2015, the Commission received an application for renewal of the exemption (‘the renewal application’), that is within the time limit laid down in Article 5(5) of Directive 2011/65/EU, which was followed in January 2020 by an additional renewal application from the same applicants. In accordance with Article 5(5) of Directive 2011/65/EU, the exemption remains valid until a decision on the renewal request has been adopted.

               (7)The evaluation of the renewal application, which took into account the availability of substitutes and the socioeconomic impact of substitution, concluded that the substitution or elimination of mercury in the applications concerned is currently technically impracticable. However, that evaluation highlighted that mercury-free substitutes in the form of light emitting diodes lamps (LED) are available, and that they are used as lighting sources in new equipment coming on the market. The evaluation included stakeholder consultations in accordance with Article 5(7) of Directive 2011/65/EU. The comments received during those consultations were made publicly available on a dedicated website.

               (8)The exemption is consistent with Regulation (EC) No 1907/2006 of the European Parliament and of the Council
                  15
                and thus does not weaken the environmental and health protection afforded by it.

               (9)Although CCFL and EEFL in many applications have been replaced by mercury free substitutes, some applications still require such lamps to ensure their functionality and to avoid a premature generation of electrical and electronic waste.

               (10)It is therefore appropriate to grant the renewal of the exemption for a period of three years, in accordance with Article 5(2), first subparagraph, of Directive 2011/65/EU, only for those lamps used in the electrical and electronic equipment that was placed on the market before the adoption of this Directive. In accordance with Article 5(2), first subparagraph, of Directive 2011/65/EU, the duration of the exemption is unlikely to have adverse impacts on innovation.

               (11)Directive 2011/65/EU should therefore be amended accordingly,

               HAS ADOPTED THIS DIRECTIVE:

               Article 1

               Annex III to Directive 2011/65/EU is amended as set out in the Annex to this Directive.

               Article 2

               1.Member States shall adopt and publish, by [the last day of the sixth month after the date of entry into force of this Directive] at the latest, the laws, regulations and administrative provisions necessary to comply with this Directive. They shall forthwith communicate to the Commission the text of those provisions.

               They shall apply those provisions from [the last day of the sixth month after the date of entry into force of this Directive + 1 day].

               When Member States adopt those provisions, they shall contain a reference to this Directive or be accompanied by such a reference on the occasion of their official publication. Member States shall determine how such reference is to be made.

               2.Member States shall communicate to the Commission the text of the main provisions of national law which they adopt in the field covered by this Directive.

               Article 3

               This Directive shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.

               Article 4

               This Directive is addressed to the Member States.

               Done at Brussels, 13.12.2021

                     For the Commission

                     The President
                     Ursula VON DER LEYEN

                     (1)

                        Directive 2011/65/EU of the European Parliament and of the Council of 8 June 2011 on the restriction of the use of certain hazardous substances in electrical and electronic equipment (OJ L 174, 1.7.2011, p. 88).

                     (2)

                        OJ L 396, 30.12.2006, p. 1.

                     (3)

                  https://ec.europa.eu/environment/waste/rohs_eee/adaptation_en.htm
                  .

                     (4)

                        https://rohs.exemptions.oeko.info/fileadmin/user_upload/RoHS_Pack_9/Exemption_3__ac_/
                     3a_3b_3c_LE_RoHS_Exemption_Req__Final.pdf

                     (5)

                        The final report of the study is available at:
                  https://op.europa.eu/en/publication-detail/-/publication/a3fdcc8c-4273-11e6-af30-01aa75ed71a1

                     (6)

                        Consultation period: 21 August to 16 October 2015;
                  https://rohs.exemptions.oeko.info
                  .

                     (7)

                  https://rohs.exemptions.oeko.info/fileadmin/user_upload/reports/FWCW_RoHS_Lamps_SEA_20190729_Final.pdf

                     (8)

                     https://op.europa.eu/en/publication-detail/-/publication/f44f2383-dd0a-11ea-adf7-01aa75ed71a1/language-en/format-PDF/source-146144383

                  , starting on page 92.

                     (9)

                     https://ec.europa.eu/environment/waste/rohs_eee/studies_rohs1_en.htm
                     .

                     (10)

                        A list of the required administrative steps is available on the
                  Commission website
                  . The current stage of the procedure can be viewed for each draft delegated act in the Interinstitutional Registry of Delegated Acts at
                  https://webgate.ec.europa.eu/regdel/#/home
                  .

                     (11)

                        Commission Regulation (EU) 2019/2020 of 1 October 2019 laying down ecodesign requirements for light sources and separate control gears (OJ L 315, 5.12.2019, p. 209–240).

                     (12)

                        Commission Regulation (EU) 2019/2021 of 1 October 2019 laying down ecodesign requirements for electronic displays (OJ L 315, 5.12.2019, p. 241–266).

                     (13)

                        OJ L 174, 1.7.2011, p. 88.

                     (14)

                        Commission Decision 2010/571/EU of 24 September 2010 amending, for the purposes of adapting to scientific and technical progress, the Annex to Directive 2002/95/EC of the European Parliament and of the Council as regards exemptions for applications containing lead, mercury, cadmium, hexavalent chromium, polybrominated biphenyls or polybrominated diphenyl ethers (OJ L 251, 25.9.2010, p. 28).

                     (15)

                        Regulation (EC) No 1907/2006 of the European Parliament and of the Council of 18 December 2006 concerning the Registration, Evaluation, Authorisation and Restriction of Chemicals (REACH), establishing a European Chemicals Agency, amending Directive 1999/45/EC and repealing Council Regulation (EEC) No 793/93 and Commission Regulation (EC) No 1488/94 as well as Council Directive 76/769/EEC and Commission Directives 91/155/EEC, 93/67/EEC, 93/105/EC and 2000/21/EC (OJ L 396, 30.12.2006, p. 1).

    ---documentbreak---

               ANNEX

               In Annex III to Directive 2011/65/EU, entries 3, 3(a), 3(b) and 3(c) are replaced by the following:

                        Exemption

                        Scope and dates of applicability

                        ʻ3

                        Mercury in cold cathode fluorescent lamps and external electrode fluorescent lamps (CCFL and EEFL) for special purposes used in EEE placed on the market before [PO: Date of publication of the Delegated Directive in the Official Journal] not exceeding (per lamp):

                        3(a)

                        Short length (≤ 500 mm): 3.5 mg

                        Expires on [PO: 3 years after the publication of the Delegated Directive in the Official Journal]

                        3(b)

                        Medium length (>500 mm and  ≤1500 mm): 5mg

                        Expires on [PO: 3 years after the publication of the Delegated Directive in the Official Journal]

                        3(c)

                        Long length (> 1 500 mm): 13 mg

                        Expires on [PO: 3 years after the publication of the Delegated Directive in the Official Journal]ʼ


title: COMMISSION DELEGATED DIRECTIVE (EU) .../ amending, for the purpose of adapting to technical and scientific progress, Annex III to Directive 2011/65/EU of the European Parliament and of the Council as regards an exemption for the use of mercury in single capped (compact) fluorescent lamps for general lighting purposes < 30 W with a lifetime equal to or above 20 000 h

text:
               EXPLANATORY MEMORANDUM

               1.CONTEXT OF THE DELEGATED ACT

               This Commission Delegated Directive amends, for the purpose of adapting to technical and scientific progress, Annex III to Directive 2011/65/EU of the European Parliament and of the Council on the restriction of the use of certain hazardous substances in electrical and electronic equipment (recast)
                  1
                (the RoHS Directive). The amendment concerns an exemption for specified applications containing mercury in single capped (compact) fluorescent lamps for general lighting purposes < 30 W with a lifetime equal to or above 20 000 h.

               The RoHS Directive restricts the use of certain hazardous substances in electrical and electronic equipment (EEE), as specified in Article 4. Ten substances are currently restricted and listed in Annex II to the Directive: lead, mercury, cadmium, hexavalent chromium, polybrominated biphenyls (PBB), polybrominated diphenyl ethers (PBDE), bis (2‑ethylhexyl) phthalate (DEHP), butyl benzyl phthalate (BBP), dibutyl phthalate (DBP) and diisobutyl phthalate (DIBP). Annexes III and IV list EEE materials and components for specific applications that are exempt from the substance restrictions laid down in Article 4(1).

               Article 5 of the Directive provides for the adaptation of Annexes III and IV to scientific and technical progress, which can include granting, renewing or revoking the exemptions. Pursuant to Article 5(1)(a), exemptions are to be included in Annexes III and IV only if such inclusion does not weaken the environmental and health protection afforded by Regulation (EC) No 1907/2006 (REACH)
                  2
                and where any of the following conditions is fulfilled: (i) elimination or substituting the substance via design changes or materials and components which do not require any of the materials or substances listed in Annex II is scientifically or technically impracticable; (ii) the reliability of substitutes is not ensured; (iii) the total negative environmental, health and consumer safety impacts caused by substituting the substance are likely to outweigh the total environmental, health and consumer safety benefits thereof.

               Decisions on exemptions, and their duration, must also take into account the availability of substitutes and the socioeconomic impact of substitution. Decisions on the duration of exemptions must take into account any potential impact on innovation. Life-cycle thinking on the overall impacts of the exemption must be applied, where relevant.

               Article 5(1) also specifies that, to include or, where applicable, delete materials and components of EEE for specific applications in the lists in Annexes III and IV, the Commission must adopt individual delegated acts. Article 5(3) and Annex V describe the procedure for submitting exemption-related applications.

               2.CONSULTATIONS PRIOR TO THE ADOPTION OF THE ACT

               The Commission receives
                  3
                requests from economic operators to grant or renew exemptions under Article 5(3) and Annex V to the RoHS Directive.

               The current Annex III exemption 1(g) permits the use of mercury in single capped (compact) fluorescent lamps not exceeding the following values (per burner):

               1(g) For general lighting purposes < 30 W with a lifetime equal or above 20 000 h: 3,5 mg.

               The Commission received one application to renew this exemption on 28 June 2016, which was renewed with additional information by the same applicant on 17 January 2020. The applicant in essence claimed that mercury-free substitutes were not available.
                  4
                In line with the requirements of the RoHS Directive (Article 5(5), second subparagraph), the exemption remains valid until a decision on the renewal application is taken by the Commission.

               To evaluate the application to renew that exemption, the Commission launched in June 2017 a study
                  5
               , concluded in 2018, to carry out the required technical and scientific assessment, including an eight-week online stakeholder consultation. One contribution was received during the consultations, followed up by exchanges documented in the study report. The study included extensive information on the availability of substitutes, including 2020 estimates.

               The Commission consulted the Member State expert group for delegated acts under the RoHS Directive during the expert meeting of 29 October 2018 and received their views on a proposed course of action. It carried out all the requisite procedural steps relating to exemptions from the substances restriction under Articles 5(3) to 5(7).
                  6
                The Council and the European Parliament were notified of all activities.

               The supporting study highlighted the following:

               ·mercury-free reliable light-emitting diode (LED) alternatives are available for the lamp categories covered by this exemption;

               ·data shows that, in terms of environmental, health and consumer safety impacts, the substitution would prevent the placing on the market of mercury contained in the applications, whilst also reducing energy consumed for lighting;

               ·regarding the socio-economic impacts of substitution, the costs estimated are only expected to incur prematurely in comparison with costs expected from the natural phase-out already underway and are not to be perceived as additional costs generated due to a forced phase-out.

               In conclusion, the scientific and technical assessments, including stakeholder consultations, detailed that none of the exemption criteria are met with regard to exemption 1(g).

               In accordance with the Better Regulation Guidelines, the draft Delegated Directive was published on the Better Regulation Portal for a four-week public feedback period. During the consultation on the draft act, 13 contributions from members of the public were received. The points raised were considered and no amendment to the draft was deemed necessary.

               3.LEGAL ELEMENTS OF THE DELEGATED ACT

               The delegated directive revokes exemption 1(g) listed in Annex III to Directive 2011/65/EU for the use of mercury in specific applications.

               The Commission’s assessment of the exemption request, based on the supporting studies and consultations, concluded that the request for an exemption does not meet any of the criteria laid down in Article 5(1)(a) that justify a further extension of the exemption. The substitution of mercury, with reliable substitutes, in the lamp categories concerned by this exemption is scientifically and technically practicable, and evidence is provided that the overall impact of substitution, in terms of the environmental, health and consumer safety aspects, largely outweighs any negative impacts.

               In summary, the conditions for granting the exemption are no longer fulfilled, and exemption 1(g) is to be deleted, in accordance with Article 5(1)(b).

               The date by which this exemption will expire is to be set in line with Article 5(6) of the RoHS Directive, according to which, in the event an exemption is revoked, the exemption shall expire at the earliest 12 months, and at the latest 18 months, after the date of that decision.

               In setting the expiry date, it is to be taken into account that a small share of the lamp types
                  7
                covered by this exemption are subject to the criteria, laid down in Annex II of Commission Regulation (EU) 2019/2020 laying down ecodesign requirements for light sources and separate control gears, which are applicable as of 1 September 2021. Having to meet these requirements will lead to the concerned lamps not being placed on the market beyond that date. This is also coherent with the Commission’s assessment under the RoHS Directive, including the socioeconomic analysis, which concluded that sufficiently reliable mercury-free substitutes for the lamp types covered by the exemption are already widely available and that the substitution of mercury in these lamps is scientifically and technically practicable. With regard to the exemption entry as a whole under the RoHS Directive, it is however to be taken into account that the vast majority of lamps covered by that exemption, namely compact fluorescent lamps without integrated control gear, are not affected by the criteria under the above-mentioned Ecodesign Regulation. Hence, the maximum possible validity period of 18 months for a discontinuation following the decision is to be set in light of the specific situation for this predominant part of lamps covered by the exemption, as it is necessary to take into account the circumstances relating to these lamps,  and is needed to avoid unnecessarily high socio-economic costs for market participants linked to the substitution, in particular with respect to lamps that require a replacement that is more complex.

               The legal instrument is a delegated directive, which is in line with the enabling legal act, Directive 2011/65/EU, in particular with the delegation set out in Article 5(1) and 20 thereof.

               The objective of the delegated directive is to contribute to the protection of human health and the environment and align the provisions for the functioning of the internal market in the field of electrical and electronic equipment, by revoking an exemption granted for the use of otherwise banned substances for specific applications, with the provisions and under the conditions of the RoHS Directive and the established procedure for adapting Annexes III and IV to scientific and technical progress.

               The delegated directive has no implications on the EU budget.

               COMMISSION DELEGATED DIRECTIVE (EU) .../…

               of 13.12.2021

               amending, for the purpose of adapting to technical and scientific progress, Annex III to Directive 2011/65/EU of the European Parliament and of the Council as regards an exemption for the use of mercury in single capped (compact) fluorescent lamps for general lighting purposes < 30 W with a lifetime equal to or above 20 000 h

               (Text with EEA relevance)

               THE EUROPEAN COMMISSION,

               Having regard to the Treaty on the Functioning of the European Union,

               Having regard to Directive 2011/65/EU of the European Parliament and of the Council of 8 June 2011 on the restriction of the use of certain hazardous substances in electrical and electronic equipment
                  8
               , and in particular Article 5(1), point (b), thereof,

               Whereas:

               (1)Directive 2011/65/EU requires Member States to ensure that electrical and electronic equipment placed on the market does not contain the hazardous substances listed in Annex II to that Directive. That restriction does not apply to certain exempted applications listed in Annex III to the Directive.

               (2)The categories of electrical and electronic equipment to which Directive 2011/65/EU applies are listed in Annex I to that Directive.

               (3)Mercury is a restricted substance listed in Annex II to Directive 2011/65/EU.

               (4)By Delegated Directive 2014/14/EU
                  9
               , the Commission granted an exemption for the use of mercury, with a maximum content of 3,5 mg, in single capped (compact) fluorescent lamps for general lighting purposes < 30 W with a lifetime equal or above 20 000 h (‘the exemption’), which is now listed as exemption 1(g) in Annex III to Directive 2011/65/EU. The exemption was to expire on 31 December 2017, in accordance with Annex III to Directive 2014/14/EU.

               (5)Mercury is used in single capped (compact) fluorescent lamps to produce ultraviolet light, which is then converted into visible light by the fluorescent coating on the lamp bulb.

               (6)On 28 June 2016, the Commission received an application for renewal of the exemption (‘the renewal application’), that is within the time laid down in Article 5(5) of Directive 2011/65/EU, that was updated with a renewed application on 17 January 2020. In accordance with Article 5(5) of Directive 2011/65/EU, the exemption remains valid until a decision on the renewal application has been adopted.

               (7)The evaluation of the renewal application, which took into account the availability of substitutes and the socioeconomic impact of substitution, concluded that sufficiently reliable mercury-free substitutes for the lamp types covered by the exemption are available and that the substitution is scientifically and technically practicable. Furthermore, that evaluation concluded that the benefits of substitution will clearly outweigh any negative impact. The evaluation included stakeholder consultations in accordance with Article 5(7) of Directive 2011/65/EU. The comments received during these consultations were made publicly available on a dedicated website.

               (8)As the conditions set out in Article 5(1), point (a), of Directive 2011/65/EU are no longer fulfilled, the exemption should be revoked.

               (9)An expiry date for this exemption should be set in accordance with Article 5(6) of Directive 2011/65/EU. While a small share of the lamp types
                  10
                covered by this exemption are subject to the ecodesign criteria laid down in Annex II of Commission Regulation (EU) 2019/2020
                  11
               , which are applicable as of 1 September 2021, and will hence not be placed on the market any longer, the vast majority of lamps covered by the current exemption are not affected by the criteria under the above-mentioned Ecodesign Regulation. Consequently, the maximum possible expiry date of 18 months following the decision should be set with regard to the entire exemption entry in order to avoid unnecessary high socio-economic costs by market participants directly linked to the substitution of the latter category.

               (10)Directive 2011/65/EU should therefore be amended accordingly,

               HAS ADOPTED THIS DIRECTIVE:

               Article 1

               Annex III to Directive 2011/65/EU is amended as set out in the Annex to this Directive.

               Article 2

               1.Member States shall adopt and publish, by [the last day of the sixth month after the date of entry into force of this Directive] at the latest, the laws, regulations and administrative provisions necessary to comply with this Directive. They shall forthwith communicate to the Commission the text of those provisions.

               They shall apply those provisions from [the last day of the sixth month after the date of entry into force of this Directive + 1 day].

               When Member States adopt those provisions, they shall contain a reference to this Directive or be accompanied by such a reference on the occasion of their official publication. Member States shall determine how such reference is to be made.

               2.Member States shall communicate to the Commission the text of the main provisions of national law which they adopt in the field covered by this Directive.

               Article 3

               This Directive shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.

               Article 4

               This Directive is addressed to the Member States.

               Done at Brussels, 13.12.2021

                     For the Commission

                     The President
                     Ursula VON DER LEYEN

                     (1)

                        OJ L 174, 1.7.2011, p. 88.

                     (2)

                        OJ L 396, 30.12.2006, p. 1.

                     (3)

                        The list is available at:
                  https://ec.europa.eu/environment/waste/rohs_eee/adaptation_en.htm
                  .

                     (4)

                        Available at
                  https://rohs.exemptions.oeko.info/fileadmin/user_upload/RoHS_pack_13/Annex_1g/1g LE_RoHS_Exemption_Req_Final.pdf
                  .

                     (5)

                        The final report of the study is available at
                  https://op.europa.eu/en/publication-detail/-/publication/4ae54b9e-e070-11e8-b690-01aa75ed71a1/language-en/format-PDF/source-84895526
                  .

                     (6)

                        A list of the required administrative steps is available on the
                  Commission website
                  . The current stage of the procedure can be viewed for each draft delegated act in the Inter-institutional Registry of Delegated Acts at
                  https://webgate.ec.europa.eu/regdel/#/home
                  .

                     (7)

                        The products in scope are also regulated by Commission Regulation (EU) 2019/2020 of 1 October 2019 laying down ecodesign requirements for light sources and separate control gears that applies from 1 September 2021. Differently from Directive 2011/65/EU, the ecodesign legislation does not restrict substances in products but sets energy efficiency requirements to be respected in order for the products to be placed on the market. CFL with integrated control gear (CFLi) will not de facto be placed on the market from 1 September 2021 due to their non-compliance with these energy efficiency requirements. Commission Regulation (EU) 2019/2020 identifies mercury content as a significant environmental aspect in the life-cycle of a light source, but acknowledges that the use of hazardous substances, including mercury in light sources, is governed by Directive 2011/65/EU.

                     (8)

                        OJ L 174, 1.7.2011, p. 88.

                     (9)

                        Commission Delegated Directive 2014/14/EU of 18 October 2013 amending, for the purposes of adapting to technical progress, the Annex III to Directive 2011/65/EU of the European Parliament and of the Council as regards an exemption for 3,5 mg mercury per lamp in single capped compact fluorescent lamps for general lighting purposes < 30 W with a lifetime equal to or above 20 000 h (OJ L 4, 9.1.2014, p. 71).

                     (10)

                        CFL with integrated control gear (CFLi) are covered by the entry “Other light sources in scope not mentioned above” in Table 1 of Annex II of Commission Regulation (EU) 2019/2020 from 1 September 2021.

                     (11)

                        As stated in Recitals 9 and 10 of Commission Regulation (EU) 2019/2020, no specific ecodesign requirements on mercury content are to be set in that Regulation.

    ---documentbreak---

               ANNEX

               In Annex III to Directive 2011/65/EU, entry 1(g) is replaced by the following:

                        Exemption

                        Scope and dates of applicability

                        ʻ 1(g)

                        For general lighting purposes < 30 W with a lifetime equal or above 20 000 h: 3,5 mg

                        Expires on [PO: 18 months after the publication of the Delegated Directive in the Official Journal]ʼ


title: COMMISSION DELEGATED DIRECTIVE (EU) .../ amending, for the purposes of adapting to scientific and technical progress, Annex III to Directive 2011/65/EU of the European Parliament and of the Council as regards an exemption for the use of mercury in other discharge lamps for special purposes

text:
               EXPLANATORY MEMORANDUM

               1.CONTEXT OF THE DELEGATED ACT

               This Commission Delegated Directive amends, for the purpose of adapting to technical and scientific progress, Annex III to Directive 2011/65/EU of the European Parliament and of the Council on the restriction of the use of certain hazardous substances in electrical and electronic equipment (recast)
                  1
                (the RoHS Directive). The amendment concerns an exemption, currently 4(f), for specified applications containing mercury in other discharge lamps for special purposes.

               The RoHS Directive restricts the use of certain hazardous substances in electrical and electronic equipment (EEE), as specified in Article 4. Ten substances are currently restricted and listed in Annex II to the RoHS Directive: lead, mercury, cadmium, hexavalent chromium, polybrominated biphenyls (PBB), polybrominated diphenyl ethers (PBDE), bis (2‑ethylhexyl) phthalate (DEHP), butyl benzyl phthalate (BBP), dibutyl phthalate (DBP) and diisobutyl phthalate (DIBP). Annexes III and IV list the EEE materials and components for specific applications that are exempt from the substance restrictions laid down in Article 4(1).

               Article 5 of the Directive provides for the adaptation of Annexes III and IV to scientific and technical progress, which can include granting, renewing or revoking exemptions. Pursuant to Article 5(1)(a), exemptions are to be included in Annexes III and IV only if this does not weaken the environmental and health protection afforded by Regulation (EC) No 1907/2006 (REACH)
                  2
                and only if they meet any of the following conditions: (i) elimination or substituting the substance via design changes or materials and components which do not require any of the materials or substances listed in Annex II is scientifically or technically impracticable; (ii) the reliability of substitutes is not ensured; (iii) the total negative environmental, health and consumer safety impacts caused by substituting the substance are likely to outweigh the total environmental, health and consumer safety benefits thereof.

               Decisions on exemptions, and their duration, must also take into account the availability of substitutes and the socioeconomic impact of substitution. Decisions on the duration of exemptions must take into account any potential impact on innovation. Life-cycle thinking on the overall impacts of the exemption must be applied, where relevant.

               Article 5(1)(a) also specifies that, to include materials and components of EEE for specific applications in the lists in Annexes III and IV, the Commission must adopt individual delegated acts. Article 5(3) and Annex V describe the procedure for submitting exemption-related applications.

               2.CONSULTATIONS PRIOR TO THE ADOPTION OF THE ACT

               The Commission received requests
                  3
                from economic operators to grant or renew exemptions under Article 5(3) and Annex V to the RoHS Directive.

               The current Annex III exemption 4(f) permits the use of mercury in other discharge lamps for special purposes not specifically mentioned in this Annex.

               The Commission received three applications to renew this exemption in January 2015. One applicant claimed that replacing mercury in the lamps covered by this exemption is scientifically and technically impracticable
                  4
               , whilst the other two applicants focused their requests on specific applications such as high intensity discharge lamps
                  5
                and lamps used for curing / polymerisation and for disinfection
                  6
               , on the same grounds of scientific and technic impracticability. In line with the requirements of the RoHS Directive (Article 5(5), second subparagraph), the exemption remains valid until the Commission takes a decision on the renewal application.

               To evaluate the application to renew that exemption, the Commission launched a study
                  7
                in June 2015, concluded in 2016, to carry out the required technical and scientific assessment, including an eight-week online stakeholder consultation.
                  8
                Further to that study assessing the extensive technical and scientific data and contributions received, as documented in the study report, the Commission carried out in 2019
                  9
                an update of the 2016 study focused on the socioeconomic assessment and on the availability of substitutes regarding this and other exemptions. The final report of the study was published
                  10
                and stakeholders were notified.

               The Commission consulted the Member State expert group for delegated acts under the RoHS Directive during the expert meetings of 1 September 2016, 29 October 2018 and 21 October 2019 to collect Member States’ views on proposals in line with the conclusions of the evaluations. It carried out all the requisite procedural steps relating to exemptions from the substance restriction under Article 5(3) to 5(7) of the RoHS Directive.
                  11
                The Council and the European Parliament were notified of all actions undertaken.

               The supporting study highlighted that:

               ·The exemption covers a wide array of applications such as multiple types of ultraviolet lamps (e.g. curing lamps, lamps used in photochemistry, development of polymers), projector lamps, horticultural lamps etc.

               ·Mercury-free substitutes are understood to be available at system level (for use in new light emitting diode (LED) luminaires), but such substitutes have various limitations and cannot be used in the numerous types of existing discharge lamps for special purposes (component replacement).

               ·Currently, the substitution of mercury in the applications concerned is technically impracticable and the current exemption should be renewed. However, where possible, the applications should be further specified. For part of the exemption, it is already possible to specify in further detail the applications where mercury cannot be substituted. For those, the maximum validity for the exemption should apply. The previous formulation of the exemption regarding ‘other discharge lamps for special purposes not specifically mentioned’ is still necessary for the uses not covered by the specific formulation, but it should be extended for a period shorter than the maximum five years given the prospects of limiting the exemption in future.

               ·In conclusion, the scientific and technical assessments, including stakeholder consultations, detailed that the exemption criteria continue to be met with regard to exemption 4(f), as reworded, as reliable substitutes are not yet available. The evaluation results also showed that renewing the exemption would not weaken the level of environmental and health protection afforded by the REACH Regulation, in accordance with Article 5 of Directive 2011/65/EU.

               In accordance with the Better Regulation Guidelines, the draft Delegated Directive was published on the Better Regulation Portal for a four-week public feedback period. During the consultation on the draft act, 36 contributions were received. The points raised were considered and the draft act was consequently amended.

               3.LEGAL ELEMENTS OF THE DELEGATED ACT

               The delegated directive renews exemption 4(f) in Annex III to Directive 2011/65/EU, for the use of mercury in specified applications.

               The Commission’s assessment, based on the supporting studies and consultations, concluded that the exemption request meets at least one of the criteria laid down in Article 5(1)(a) of the RoHS Directive that justifies extending the exemption: mercury cannot be reliably substituted in the lamp categories covered by this exemption.

               In summary, the conditions for the exemption are fulfilled, and the exemption entry 4(f) is to be renewed. The assessment concluded that, to limit the exemption in light of prospects for substitution, the current broader part of the exemption should be renewed for a shorter duration of three years (entry 4(f)-I).  Where possible, the scope of the exemption should also be narrowed to specified applications as follows:

               ·4(f) –II: Mercury in high pressure mercury vapour lamps used in projectors where an output ≥2000 lumen ANSI is required;

               ·4(f) –III: Mercury in high pressure sodium vapour lamps used for horticulture lighting;

               ·4(f) –IV: Mercury in lamps emitting light in the ultraviolet spectrum.

               Narrowing down the scope of the exemption in this way is in line with the approach expressed in the  recital 19 of the RoHS Directive that exemptions should be limited in their scope and duration in order to achieve a gradual phase-out of hazardous substances in EEE. Where necessary, the list of specified applications should be further adjusted in the future.

               The expiry dates for this exemption are set in line with Article 5(2), first subparagraph. As concluded by the evaluation, the state of development of substitutes justifies renewing the exemption for the maximum validity period of five years for the specific applications. For the broader entry 4 (f)-I for ‘other discharge lamps for special purposes not specifically mentioned’, the validity period should be set at three years. The validity periods are not expected to have an adverse impact on innovation.

               The legal instrument is a delegated directive, as provided for by Directive 2011/65/EU, in particular to meet the requirements set out in Article 5(1)(a) thereof.

               The objective of the delegated directive is to contribute to the protection of human health and the environment and to align the provisions for the functioning of the internal market in the field of electrical and electronic equipment, by allowing the use of otherwise banned substances for specific applications, in line with the provisions and under the conditions of the RoHS and the procedure for adapting Annexes III and IV to scientific and technical progress.

               The delegated directive has no implications on the EU budget.

               COMMISSION DELEGATED DIRECTIVE (EU) .../…

               of 13.12.2021

               amending, for the purposes of adapting to scientific and technical progress, Annex III to Directive 2011/65/EU of the European Parliament and of the Council as regards an exemption for the use of mercury in other discharge lamps for special purposes

               (Text with EEA relevance)

               THE EUROPEAN COMMISSION,

               Having regard to the Treaty on the Functioning of the European Union,

               Having regard to Directive 2011/65/EU of the European Parliament and of the Council of 8 June 2011 on the restriction of the use of certain hazardous substances in electrical and electronic equipment
                  12
               , and in particular Article 5(1), point (a), thereof,

               Whereas:

               (1)Directive 2011/65/EU requires Member States to ensure that electrical and electronic equipment placed on the market does not contain the hazardous substances listed in Annex II to that Directive. That restriction does not apply to certain exempted applications listed in Annex III to that Directive.

               (2)The categories of electrical and electronic equipment to which Directive 2011/65/EU applies are listed in Annex I to that Directive.

               (3)Mercury is a restricted substance listed in Annex II to Directive 2011/65/EU.

               (4)By Decision 2010/571/EU
                  13
               , the Commission granted, among other things, an exemption for the use of mercury in other discharge lamps for special purposes not specifically mentioned (‘the exemption’), which is now listed as exemption 4(f) in Annex III to Directive 2011/65/EU. The exemption was to expire on 21 July 2016, in accordance with Article 5(2), second subparagraph, point (a), of that Directive.

               (5)The function of mercury in gas discharge lamps for special purposes is related to the light generating process to convert electricity into light.

               (6)On 15 January 2015, the Commission received several applications for renewal of the exemption (‘the renewal applications’) that is within the time limit laid down in Article 5(5) of Directive 2011/65/EU. In accordance with Article 5(5) of Directive 2011/65/EU, the exemption remains valid until a decision on the renewal application has been taken.

               (7)The evaluation of the renewal applications, which took into account the availability of substitutes and the socioeconomic impact of substitution, concluded that the substitution or elimination of mercury in the applications concerned by the exemption  is currently technically impracticable. Given the prospects of substitution limiting the exemption in future, it is however appropriate to grant the renewal of the  exemption for a period of three years only. The evaluation also concluded that it is possible to further define the applications that qualify for a renewal of the exemption in accordance with the criteria set out in Article 5(1), point (a), of Directive 2011/65/EU because of their specific functionality and application area, namely high pressure mercury vapour lamps used in projectors, used for horticulture lighting and emitting light in the ultraviolet spectrum. For those specific applications, the exemption should be renewed for a maximum period of five years. The evaluation included stakeholder consultations in accordance with Article 5(7) of Directive 2011/65/EU. The comments received during those consultations were made publicly available on a dedicated website.

               (8)The exemption is consistent with Regulation (EC) No 1907/2006 of the European Parliament and of the Council
                  14
                and thus does not weaken the environmental and health protection afforded by it.

               (9)In view of the results of the ongoing efforts to find a reliable substitution, the duration of the exemption is unlikely to have adverse impacts on innovation.

               (10)Directive 2011/65/EU should therefore be amended accordingly,

               HAS ADOPTED THIS DIRECTIVE:

               Article 1

               Annex III to Directive 2011/65/EU is amended as set out in the Annex to this Directive.

               Article 2

               (1)Member States shall adopt and publish, by [the last day of the sixth month after the date of entry into force of this Directive] at the latest, the laws, regulations and administrative provisions necessary to comply with this Directive. They shall forthwith communicate to the Commission the text of those provisions.

               They shall apply those provisions from [the last day of the sixth month after the date of entry into force of this Directive + 1 day].

               When Member States adopt those provisions, they shall contain a reference to this Directive or be accompanied by such a reference on the occasion of their official publication. Member States shall determine how such reference is to be made.

               (2)Member States shall communicate to the Commission the text of the main provisions of national law which they adopt in the field covered by this Directive.

               Article 3

               This Directive shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.

               Article 4

               This Directive is addressed to the Member States.

               Done at Brussels, 13.12.2021

                     For the Commission

                     The President
                     Ursula VON DER LEYEN

                     (1)

                        OJ L 174, 1.7.2011, p. 88.

                     (2)

                        OJ L 396, 30.12.2006, p. 1.

                     (3)

                        The list is available at:
                  https://ec.europa.eu/environment/waste/rohs_eee/adaptation_en.htm
                  .

                     (4)

                  https://rohs.exemptions.oeko.info/fileadmin/user_upload/RoHS_Pack_9/Exemption_4_f_/Lighting_Europe /4f_LE_RoHS_Exemption_Req_Final.pdf
                   .

                     (5)

                  https://rohs.exemptions.oeko.info/fileadmin/user_upload/RoHS_Pack_9/Exemption_4_f_/Vske/4f_201412-09_RoHS_Application_VskE.pdf
                   .

                     (6)

                  https://rohs.exemptions.oeko.info/fileadmin/user_upload/RoHS_Pack_9/Exemption_4_f_/VDMA/4f_VDM A_excempt_req_4f_RoHS_16Jan14.pdf
                   .

                     (7)

                        The final report of the study is available at
                  https://op.europa.eu/en/publication-detail/-/publication/a3fdcc8c-4273-11e6-af30-01aa75ed71a1
                  .

                     (8)

                        Consultation period: 21 August 2015 to 16 October 2015,
                  https://rohs.exemptions.oeko.info
                  .

                     (9)

                  https://rohs.exemptions.oeko.info/fileadmin/user_upload/reports/FWCW_RoHS_Lamps_SEA_20190729_Final.pdf

                     (10)

                     https://ec.europa.eu/environment/waste/rohs_eee/studies_rohs1_en.htm
                     .

                     (11)

                        A list of the required administrative steps is available on the
                  Commission website
                  . The current stage of the procedure can be viewed for each draft delegated act in the Interinstitutional Registry of Delegated Acts at
                  https://webgate.ec.europa.eu/regdel/#/home
                  .

                     (12)

                        OJ L 174, 1.7.2011, p. 88.

                     (13)

                        Commission Decision 2010/571/EU of 24 September 2010 amending, for the purposes of adapting to scientific and technical progress, the Annex to Directive 2002/95/EC of the European Parliament and of the Council as regards exemptions for applications containing lead, mercury, cadmium, hexavalent chromium, polybrominated biphenyls or polybrominated diphenyl ethers (OJ L 251, 25.9.2010, p. 28).

                     (14)

                        Regulation (EC) No 1907/2006 of the European Parliament and of the Council of 18 December 2006 concerning the Registration, Evaluation, Authorisation and Restriction of Chemicals (REACH), establishing a European Chemicals Agency, amending Directive 1999/45/EC and repealing Council Regulation (EEC) No 793/93 and Commission Regulation (EC) No 1488/94 as well as Council Directive 76/769/EEC and Commission Directives 91/155/EEC, 93/67/EEC, 93/105/EC and 2000/21/EC (OJ L 396, 30.12.2006, p. 1).

    ---documentbreak---

               ANNEX

               In Annex III to Directive 2011/65/EU, entry 4(f) is replaced by the following:

                        Exemption

                        Scope and dates of applicability

                        ‘4(f) -I

                        Mercury in other discharge lamps for special purposes not specifically mentioned in this Annex

                        Expires on [PO: 3 years after the publication of the Delegated Directive in the Official Journal]

                        4(f) -II

                        Mercury in high pressure mercury vapour lamps used in projectors where an output ≥2000 lumen ANSI is required

                        Expires on [PO: 5 years after the publication of the Delegated Directive in the Official Journal]

                        4(f) -III

                        Mercury in high pressure sodium vapour lamps used for horticulture lighting

                        Expires on [PO: 5 years after the publication of the Delegated Directive in the Official Journal]

                        4(f) -IV

                        Mercury in lamps emitting light in the ultraviolet spectrum

                        Expires on [PO: 5 years after the publication of the Delegated Directive in the Official Journal]’


title: COMMISSION DELEGATED DIRECTIVE (EU) .../ amending, for the purpose of adapting to technical and scientific progress, Annex III to Directive 2011/65/EU of the European Parliament and of the Council as regards an exemption for the use of mercury in single capped (compact) fluorescent lamps for special purposes

text:
               EXPLANATORY MEMORANDUM

               1.CONTEXT OF THE DELEGATED ACT

               This Commission Delegated Directive amends, for the purpose of adapting to technical and scientific progress, Annex III to Directive 2011/65/EU of the European Parliament and of the Council on the restriction of the use of certain hazardous substances in electrical and electronic equipment (recast)
                  1
                (the RoHS Directive). The amendment concerns an exemption for specified applications containing mercury in single capped (compact) fluorescent lamps for special purposes.

               The RoHS Directive restricts the use of certain hazardous substances in electrical and electronic equipment (EEE), as specified in Article 4. Ten substances are currently restricted and listed in Annex II to the Directive: lead, mercury, cadmium, hexavalent chromium, polybrominated biphenyls (PBB), polybrominated diphenyl ethers (PBDE), bis (2‑ethylhexyl) phthalate (DEHP), butyl benzyl phthalate (BBP), dibutyl phthalate (DBP) and diisobutyl phthalate (DIBP). Annexes III and IV list the EEE materials and components for specific applications that are exempt from the substance restrictions laid down in Article 4(1).

               Article 5 of the Directive provides for the adaptation Annexes III and IV to scientific and technical progress, which can include granting, renewing and revoking exemptions.

               Pursuant to Article 5(1)(a), exemptions are to be included in Annexes III and IV only if this does not weaken the environmental and health protection afforded by Regulation (EC) No 1907/2006 (REACH)
                  2
                and only if they meet any of the following conditions: (i) elimination or substituting the substance via design changes or materials and components which do not require any of the materials or substances listed in Annex II is scientifically or technically impracticable; (ii) the reliability of substitutes is not ensured; (iii) the total negative environmental, health and consumer safety impacts caused by substituting the substance are likely to outweigh the total environmental, health and consumer safety benefits thereof.

               Decisions on exemptions, and their duration, must also take into account the availability of substitutes and the socioeconomic impact of substitution. Decisions on the duration of exemptions must also take into account any potential impact on innovation. Life-cycle thinking on the overall impacts of the exemption must be applied, where relevant.

               Article 5(1)(a) also specifies that, to include materials and components of EEE for specific applications listed in Annexes III and IV, the Commission must adopt individual delegated acts. Article 5(3) and Annex V describe the procedure for submitting exemption-related applications.

               2.CONSULTATIONS PRIOR TO THE ADOPTION OF THE ACT

               The Commission received requests
                  3
                from economic operators to grant or renew exemptions under Article 5(3) and Annex V to the RoHS Directive.

               The current Annex III exemption 1(f) permits the use of mercury in single capped (compact) fluorescent lamps not exceeding the following values (per burner): for special purposes: 5 mg.

               The Commission received two applications to renew this exemption in December 2014 and January 2015. One of the applications was renewed with additional information in entries in January 2020. The applicants in essence claimed that substitutes for applications covered by that exemption were not available and explained that a further reduction of the mercury threshold specified in the exemption was not practicable.
                  4
                In line with the requirements of the RoHS Directive (Article 5(5) (second sub-paragraph)), an exemption remains valid until the Commission takes a decision on the renewal application.

               To evaluate the applications to renew that exemption, the Commission launched a study in June 2015
                  5
               , concluded in 2016, to carry out the required technical and scientific assessment, including an eight-week online stakeholder consultation.
                  6
                Further to that study assessing the extensive technical and scientific data and contributions received, as documented in the study report, the Commission carried out two complementary studies/updates, including stakeholder involvement. The study published in 2019
                  7
                focused on the socioeconomic assessment and availability of substitutes, whilst an update based on recent figures and modelling was carried out in 2020
                  8
               . The final reports of the study and of the socioeconomic assessment updates were published
                  9
               ; stakeholders were notified.

               The Commission consulted the Member State expert group for delegated acts under the RoHS Directive during the expert meetings of 1 September 2016, 29 October 2018 and 21 October 2019 to collect Member States’ views on an envisaged course of action in line with the conclusions of the evaluations. It carried out all the requisite procedural steps relating to exemptions from the substance restriction under Articles 5(3) to 5(7).
                  10
                The Council and the European Parliament were notified of all activities.

               The supporting study highlighted that:

               ·due to their special design, materials and manufacturing process, compact fluorescent lamps (CFL) for special purposes cover a very broad range of lamps, with multiple characteristics;

               ·for special purpose CFL lamps designed to emit light in the ultraviolet spectrum, there is sufficient information that substituting mercury in the applications concerned is technically impracticable, hence the study recommended renewing the exemption for the maximum duration of a further five years;

               ·for other special purpose CFL lamps, where information on the substitution of mercury in the broad range of applications concerned is lacking, the exemption should be extended for three years to allow more detailed information to justify the exemption for other types of lamps that are understood to be covered by the term ‘special purpose’, if new applications are made.

               In conclusion, the scientific and technical assessments, including stakeholder consultations, detailed that the exemption criteria continue to be met with regard to exemption 1(f) as reliable substitutes are not yet available. The evaluation results also show that the specific exemption would not weaken the environmental and health protection afforded by the REACH Regulation, in accordance with Article 5 of Directive 2011/65/EU.

               In accordance with the Better Regulation Guidelines, the draft Delegated Directive was published on the Better Regulation Portal for a four-week public feedback period. During the consultation on the draft act, two contributions were received. The points raised were considered and no amendment to the draft was deemed necessary.

               3.LEGAL ELEMENTS OF THE DELEGATED ACT

               The delegated directive renews exemption 1(f) listed in Annex III to Directive 2011/65/EU, for the use of mercury in specified applications.

               The Commission’s assessment, based on the supporting studies and consultations, concluded that the exemption request meets at least one of the criteria laid down in Article 5(1)(a) of the RoHS Directive that justifies extending the exemption: mercury cannot be reliably substituted in the lamp categories covered by this exemption.

               In summary, the conditions for the exemption are fulfilled, and exemption entry 1(f) is to be renewed. The assessment also concluded that, on one hand, the scope of the exemption should be narrowed to further specified applications and, on the other hand, the duration of the current broad exemption can be shortened as follows:

               I.to five years for special purpose lamps designed to emit light in the ultraviolet spectrum as no reliable alternatives are currently available;

               II.to three years for all other special purpose lamps to allow the industry to prepare detailed information to justify keeping the exemptions for specific special purpose lamp categories.

               The expiry dates for this exemption are set in line with Article 5(2) (first sub-paragraph). The validity periods are not expected to have an adverse impact on innovation.

               The legal instrument is a delegated directive, as provided for by Directive 2011/65/EU, in particular to meet the requirements set out in Article 5(1)(a) thereof.

               The objective of the delegated directive is to contribute to the protection of human health and the environment and to align the provisions for the functioning of the internal market in the field of electrical and electronic equipment, by allowing the use of otherwise banned substances for specific applications, with the provisions and under the conditions of the RoHS Directive and the procedure for adapting Annexes III and IV to scientific and technical progress.

               The delegated directive has no implications on the EU budget.

               COMMISSION DELEGATED DIRECTIVE (EU) .../…

               of 13.12.2021

               amending, for the purpose of adapting to technical and scientific progress, Annex III to Directive 2011/65/EU of the European Parliament and of the Council as regards an exemption for the use of mercury in single capped (compact) fluorescent lamps for special purposes

               (Text with EEA relevance)

               THE EUROPEAN COMMISSION,

               Having regard to the Treaty on the Functioning of the European Union,

               Having regard to Directive 2011/65/EU of the European Parliament and of the Council of 8 June 2011 on the restriction of the use of certain hazardous substances in electrical and electronic equipment
                  11
               , and in particular Article 5(1), point (a), thereof,

               Whereas:

               (1)Directive 2011/65/EU requires Member States to ensure that electrical and electronic equipment (EEE) placed on the market does not contain the hazardous substances listed in Annex II to that Directive. That restriction does not apply to certain exempted applications listed in Annexes III to that Directive.

               (2)The categories of electrical and electronic equipment to which Directive 2011/65/EU applies are listed in Annex I to that Directive.

               (3)Mercury is a restricted substance listed in Annex II to Directive 2011/65/EU.

               (4)By Decision 2010/571/EU
                  12
               , the Commission granted, among other things, an exemption for the use of mercury in single capped (compact) fluorescent lamps for special purposes (‘the exemption’), which is now listed as exemption 1(f) in Annex III to Directive 2011/65/EU. The exemption was to expire on 21 July 2016, in accordance with Article 5(2), second subparagraph, point (a), of that Directive.

               (5)Mercury is used in single capped (compact) fluorescent lamps (CFL) for special purposes to produce ultraviolet light, which is then converted into visible light by the fluorescent coating on the lamp bulb.

               (6)On 19 December 2014 and 15 January 2015, the Commission received two applications for renewal of the exemption (‘the renewal applications’), that is within the time limit laid down in Article 5(5) of Directive 2011/65/EU, of which one was updated with a renewed application on 20 January 2020. In accordance with Article 5(5), second subparagraph, of Directive 2011/65/EU, an exemption remains valid until a decision on the renewal request has been taken.

               (7)The evaluation of the renewal applications, which took into account the availability of substitutes and the socioeconomic impact of substitution, concluded that the elimination of mercury in the applications concerned or its substitution by a substance of comparable performance is currently technically impracticable. The evaluation included stakeholder consultations in accordance with Article 5(7) of Directive 2011/65/EU. The comments received during those consultations were made publicly available on a dedicated website.

               (8)Exemptions from the restriction for certain specific materials or components should be limited in their scope and duration, in order to achieve a gradual phase-out of hazardous substances in EEE, the assessment also concluded that, on one hand, the scope of the exemption should be narrowed to further specified applications and, on the other hand, the duration of the current broad exemption can be shortened

               (9)The exemption is consistent with Regulation (EC) No 1907/2006 of the European Parliament and of the Council
                  13
                and thus does not weaken the environmental and health protection afforded by it.

               (10)It is therefore appropriate to grant the renewal of the exemption for a maximum period of five years, in accordance with Article 5(2), first subparagraph, of Directive 2011/65/EU, for CFL lamps for special purposes designed to emit light in the ultraviolet spectrum, as no reliable alternatives are currently available. For all other types of CFL lamps falling into the category of CFL lamps for special purposes, the exemption should be renewed for three years, to allow the industry to prepare detailed information to justify the continuation of this exemption for specified special lamp categories, in line with the Directive’s aim that exemptions should be limited in their scope and duration. In view of the results of the ongoing efforts to find a reliable substitution, the duration of the exemption is unlikely to have adverse impacts on innovation.

               (11)Directive 2011/65/EU should therefore be amended accordingly,

               HAS ADOPTED THIS DIRECTIVE:

               Article 1

               Annex III to Directive 2011/65/EU is amended as set out in the Annex to this Directive.

               Article 2

               1.Member States shall adopt and publish, by [the last day of the sixth month after the date of entry into force of this Directive] at the latest, the laws, regulations and administrative provisions necessary to comply with this Directive. They shall forthwith communicate to the Commission the text of those provisions.

               They shall apply those provisions from [the last day of the sixth month after the date of entry into force of this Directive + 1 day].

               When Member States adopt those provisions, they shall contain a reference to this Directive or be accompanied by such a reference on the occasion of their official publication. Member States shall determine how such reference is to be made.

               2.Member States shall communicate to the Commission the text of the main provisions of national law which they adopt in the field covered by this Directive.

               Article 3

               This Directive shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.

               Article 4

               This Directive is addressed to the Member States.

               Done at Brussels, 13.12.2021

                     For the Commission

                     The President
                     Ursula VON DER LEYEN

                     (1)

                        OJ L 174, 1.7.2011, p. 88.

                     (2)

                        OJ L 396, 30.12.2006, p. 1.

                     (3)

                        The list is available at:
                  https://ec.europa.eu/environment/waste/rohs_eee/adaptation_en.htm
                  .

                     (4)

                        https://rohs.exemptions.oeko.info/fileadmin/user_upload/RoHS_Pack_9/Exemption_1_f/Lighting_Europe/ 1f_LE_RoHS_Exemption_Req_Final.pdf and http://rohs.exemptions.oeko.info/fileadmin/user_upload/RoHS_Pack_9/Exemption_1_ae_/NARVA/01_02_a__2b3_4a.pdf

                     (5)

                        The final report of the study is available at
                  https://op.europa.eu/en/publication-detail/-/publication/a3fdcc8c-4273-11e6-af30-01aa75ed71a1
                  .

                     (6)

                        Consultation period: 21 August 2015 to 16 October 2015,
                  http://rohs.exemptions.oeko.info
                  .

                     (7)

                  https://rohs.exemptions.oeko.info/fileadmin/user_upload/reports/FWCW_RoHS_Lamps_SEA_20190729_Final.pdf

                     (8)

                     https://op.europa.eu/en/publication-detail/-/publication/f44f2383-dd0a-11ea-adf7-01aa75ed71a1/language-en/format-PDF/source-146144383

                  , starting on page 92.

                     (9)

                     https://ec.europa.eu/environment/waste/rohs_eee/studies_rohs1_en.htm
                     .

                     (10)

                        A list of the required administrative steps is available on the
                  Commission website
                  . The current stage of the procedure can be viewed for each draft delegated act in the Interinstitutional Registry of Delegated Acts at
                  https://webgate.ec.europa.eu/regdel/#/home
                  .

                     (11)

                        OJ L 174, 1.7.2011, p. 88.

                     (12)

                        Commission Decision 2010/571/EU of 24 September 2010 amending, for the purposes of adapting to scientific and technical progress, the Annex to Directive 2002/95/EC of the European Parliament and of the Council as regards exemptions for applications containing lead, mercury, cadmium, hexavalent chromium, polybrominated biphenyls or polybrominated diphenyl ethers (OJ L 251, 25.9.2010, p. 28).

                     (13)

                        Regulation (EC) No 1907/2006 of the European Parliament and of the Council of 18 December 2006 concerning the Registration, Evaluation, Authorisation and Restriction of Chemicals (REACH), establishing a European Chemicals Agency, amending Directive 1999/45/EC and repealing Council Regulation (EEC) No 793/93 and Commission Regulation (EC) No 1488/94 as well as Council Directive 76/769/EEC and Commission Directives 91/155/EEC, 93/67/EEC, 93/105/EC and 2000/21/EC (OJ L 396, 30.12.2006, p. 1).

    ---documentbreak---

               ANNEX

               In Annex III to Directive 2011/65/EU, entry 1(f) is replaced by the following:

                        Exemption

                        Scope and dates of applicability

                        ʻ1

                        Mercury in single capped (compact) fluorescent lamps not exceeding (per burner):

                        1(f) - I

                        For lamps designed to emit mainly light in the ultraviolet spectrum: 5 mg

                        Expires on [PO: 5 years after the publication of the Delegated Directive in the Official Journal]

                        1(f) - II

                        For special purposes: 5 mg

                        Expires on [PO: 3 years after the publication of the Delegated Directive in the Official Journal]ʼ