title: Commission Implementing Directive (EU) 2018/100 of 22 January 2018 amending Directives 2003/90/EC and 2003/91/EC setting out implementing measures for the purposes of Article 7 of Council Directive 2002/53/EC and Article 7 of Council Directive 2002/55/EC respectively, as regards the characteristics to be covered as a minimum by the examination and the minimum conditions for examining certain varieties of agricultural plant species and vegetable species (Text with EEA relevance. )

text:
               23.1.2018

               EN

               Official Journal of the European Union

               L 17/34

         COMMISSION IMPLEMENTING DIRECTIVE (EU) 2018/100
   of 22 January 2018
   amending Directives 2003/90/EC and 2003/91/EC setting out implementing measures for the purposes of Article 7 of Council Directive 2002/53/EC and Article 7 of Council Directive 2002/55/EC respectively, as regards the characteristics to be covered as a minimum by the examination and the minimum conditions for examining certain varieties of agricultural plant species and vegetable species
   (Text with EEA relevance)
   THE EUROPEAN COMMISSION,
   Having regard to the Treaty on the Functioning of the European Union,
   Having regard to Council Directive 2002/53/EC of 13 June 2002 on the common catalogue of varieties of agricultural plant species (1), and in particular Article 7(2)(a) and (b) thereof,
   Having regard to Council Directive 2002/55/EC of 13 June 2002 on the marketing of vegetable seed (2), and in particular Article 7(2)(a) and (b) thereof,
   Whereas:

               (1)

               Commission Directives 2003/90/EC (3) and 2003/91/EC (4) were adopted to ensure that the varieties the Member States include in their national catalogues comply with the protocols established by the Community Plant Variety Office (CPVO) as regards the characteristics to be covered as a minimum by the examination of the various species and the minimum conditions for examining the varieties, as far as such protocols had been established. For the species not covered by CPVO protocols those Directives provide that guidelines of the International Union for Protection of New Varieties of Plants (UPOV) are to apply.

               (2)

               Since the last amendment to Directives 2003/90/EC and 2003/91/EC by Commission Implementing Directive (EU) 2016/1914 (5) the CPVO and UPOV have established further protocols and guidelines and have updated existing ones.

               (3)

               Directives 2003/90/EC and 2003/91/EC should therefore be amended accordingly.

               (4)

               The measures provided for in this Directive are in accordance with the opinion of the Standing Committee on Plants, Animals, Food and Feed,

         HAS ADOPTED THIS DIRECTIVE:
   Article 1
   Annexes I and II to Directive 2003/90/EC are replaced by the text set out in part A of the Annex to this Directive.
   Article 2
   The Annexes to Directive 2003/91/EC are replaced by the text set out in part B of the Annex to this Directive.
   Article 3
   For examinations started before 1 September 2018 Member States may apply Directives 2003/90/EC and 2003/91/EC in the version applying before their amendment by this Directive.
   Article 4
   Member States shall adopt and publish, by 31 August 2018 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 1 September 2018.
   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.
   Article 5
   This Directive shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.
   Article 6
   This Directive is addressed to the Member States.

      Done at Brussels, 22 January 2018.

            For the Commission

            The President

         Jean-Claude JUNCKER

      (1)  OJ L 193, 20.7.2002, p. 1.

      (2)  OJ L 193, 20.7.2002, p. 33.

      (3)  Commission Directive 2003/90/EC of 6 October 2003 setting out implementing measures for the purposes of Article 7 of Council Directive 2002/53/EC as regards the characteristics to be covered as a minimum by the examination and the minimum conditions for examining certain varieties of agricultural plant species (OJ L 254, 8.10.2003, p. 7).

      (4)  Commission Directive 2003/91/EC of 6 October 2003 setting out implementing measures for the purposes of Article 7 of Council Directive 2002/55/EC as regards the characteristics to be covered as a minimum by the examination and the minimum conditions for examining certain varieties of vegetable species (OJ L 254, 8.10.2003, p. 11).

      (5)  Commission Implementing Directive (EU) 2016/1914 of 31 October 2016 amending Directives 2003/90/EC and 2003/91/EC setting out implementing measures for the purposes of Article 7 of Council Directive 2002/53/EC and Article 7 of Council Directive 2002/55/EC respectively, as regards the characteristics to be covered as a minimum by the examination and the minimum conditions for examining certain varieties of agricultural plant species and vegetable species (OJ L 296, 1.11.2016, p. 7).

      ANNEX

         PART A

      ‘
            ANNEX I

               List of species referred to in Article 1(2)(a) which are to comply with CPVO technical protocols
                (1)

                        Scientific name

                        Common name

                        CPVO protocol

                           Festuca arundinacea Schreb.

                        Tall fescue

                        TP 39/1 of 1.10.2015

                           Festuca filiformis Pourr.

                        Fine-leaved sheep's fescue

                        TP 67/1 of 23.6.2011

                           Festuca ovina L.

                        Sheep's fescue

                        TP 67/1 of 23.6.2011

                           Festuca pratensis Huds.

                        Meadow fescue

                        TP 39/1 of 1.10.2015

                           Festuca rubra L.

                        Red fescue

                        TP 67/1 of 23.6.2011

                           Festuca trachyphylla (Hack.) Krajina

                        Hard fescue

                        TP 67/1 of 23.6.2011

                           Lolium multiflorum Lam.

                        Italian ryegrass

                        TP 4/1 of 23.6.2011

                           Lolium perenne L.

                        Perennial ryegrass

                        TP 4/1 of 23.6.2011

                           Lolium × hybridum Hausskn.

                        Hybrid ryegrass

                        TP 4/1 of 23.6.2011

                           Pisum sativum L.

                        Field pea

                        TP 7/2 Rev. 2 of 15.3.2017

                           Poa pratensis L.

                        Smooth-stalked meadow grass

                        TP 33/1 of 15.3.2017

                           Vicia sativa L.

                        Common vetch

                        TP 32/1 of 19.4.2016

                           Brassica napus L. var. napobrassica (L.) Rchb.

                        Swede

                        TP 89/1 of 11.3.2015

                           Raphanus sativus L. var. oleiformis Pers.

                        Fodder radish

                        TP 178/1 of 15.3.2017

                           Brassica napus L.

                        Swede rape

                        TP 36/2 of 16.11.2011

                           Cannabis sativa L.

                        Hemp

                        TP 276/1 of 28.11.2012

                           Glycine max (L.) Merr.

                        Soya bean

                        TP 80/1 of 15.3.2017

                           Gossypium spp.

                        Cotton

                        TP 88/1 of 19.4.2016

                           Helianthus annuus L.

                        Sunflower

                        TP 81/1 of 31.10.2002

                           Linum usitatissimum L.

                        Flax/Linseed

                        TP 57/2 of 19.3.2014

                           Sinapis alba L.

                        White mustard

                        TP 179/1 of 15.3.2017

                           Avena nuda L.

                        Small naked oat, Hulless oat

                        TP 20/2 of 1.10.2015

                           Avena sativa L. (includes A. byzantina K. Koch)

                        Oats and Red oat

                        TP 20/2 of 1.10.2015

                           Hordeum vulgare L.

                        Barley

                        TP 19/4 of 1.10.2015

                           Oryza sativa L.

                        Rice

                        TP 16/3 of 1.10.2015

                           Secale cereale L.

                        Rye

                        TP 58/1 of 31.10.2002

                           xTriticosecale Wittm. ex A. Camus

                        Hybrids resulting from the crossing of a species of the genus Triticum and a species of the genus Secale

                        TP 121/2 rev. 1 of 16.2.2011

                           Triticum aestivum L.

                        Wheat

                        TP 3/4 rev. 2 of 16.2.2011

                           Triticum durum Desf.

                        Durum wheat

                        TP 120/3 of 19.3.2014

                           Zea mays L.

                        Maize

                        TP 2/3 of 11.3.2010

                           Solanum tuberosum L.

                        Potato

                        TP 23/3 of 15.3.2017

            ANNEX II

               List of species referred to in Article 1(2)(b) which are to comply with UPOV test guidelines
                (2)

                        Scientific name

                        Common name

                        UPOV guideline

                           Beta vulgaris L.

                        Fodder beet

                        TG/150/3 of 4.11.1994

                           Agrostis canina L.

                        Velvet bent

                        TG/30/6 of 12.10.1990

                           Agrostis gigantea Roth.

                        Red top

                        TG/30/6 of 12.10.1990

                           Agrostis stolonifera L.

                        Creeping bent grass

                        TG/30/6 of 12.10.1990

                           Agrostis capillaris L.

                        Brown top

                        TG/30/6 of 12.10.1990

                           Bromus catharticus Vahl

                        Rescue grass

                        TG/180/3 of 4.4.2001

                           Bromus sitchensis Trin.

                        Alaska brome grass

                        TG/180/3 of 4.4.2001

                           Dactylis glomerata L.

                        Cocksfoot

                        TG/31/8 of 17.4.2002

                           xFestulolium Asch. et Graebn.

                        Hybrids resulting from the crossing of a species of the genus Festuca with a species of the genus Lolium

                        TG/243/1 of 9.4.2008

                           Phleum nodosum L.

                        Small timothy

                        TG/34/6 of 7.11.1984

                           Phleum pratense L.

                        Timothy

                        TG/34/6 of 7.11.1984

                           Lotus corniculatus L.

                        Birdsfoot trefoil

                        TG 193/1 of 9.4.2008

                           Lupinus albus L.

                        White lupine

                        TG/66/4 of 31.3.2004

                           Lupinus angustifolius L.

                        Narrow-leaved lupine

                        TG/66/4 of 31.3.2004

                           Lupinus luteus L.

                        Yellow lupine

                        TG/66/4 of 31.3.2004

                           Medicago doliata Carmign.

                        Straight-spined medic

                        TG 228/1 of 5.4.2006

                           Medicago italica (Mill.) Fiori

                        Disc medic

                        TG 228/1 of 5.4.2006

                           Medicago littoralis Rohde ex Loisel.

                        Shore medic/Strand medic

                        TG 228/1 of 5.4.2006

                           Medicago lupulina L.

                        Trefoil

                        TG 228/1 of 5.4.2006

                           Medicago murex Willd.

                        Sphere medic

                        TG 228/1 of 5.4.2006

                           Medicago polymorpha L.

                        Bur medic

                        TG 228/1 of 5.4.2006

                           Medicago rugosa Desr.

                        Wrinkled medic/Gama medic

                        TG 228/1 of 5.4.2006

                           Medicago sativa L.

                        Lucerne

                        TG/6/5 of 6.4.2005

                           Medicago scutellata (L.) Mill.

                        Snail medic/Shield medic

                        TG 228/1 of 5.4.2006

                           Medicago truncatula Gaertn.

                        Barrel medic

                        TG 228/1 of 5.4.2006

                           Medicago × varia T. Martyn

                        Sand lucerne

                        TG/6/5 of 6.4.2005

                           Trifolium pratense L.

                        Red clover

                        TG/5/7 of 4.4.2001

                           Trifolium repens L.

                        White clover

                        TG/38/7 of 9.4.2003

                           Vicia faba L.

                        Field bean

                        TG/8/6 of 17.4.2002

                           Arachis hypogaea L.

                        Groundnut/Peanut

                        TG/93/4 of 9.4.2014

                           Brassica rapa L. var. silvestris (Lam.) Briggs

                        Turnip rape

                        TG/185/3 of 17.4.2002

                           Carthamus tinctorius L.

                        Safflower

                        TG/134/3 of 12.10.1990

                           Papaver somniferum L.

                        Poppy

                        TG/166/4 of 9.4.2014

                           Sorghum bicolor (L.) Moench

                        Sorghum

                        TG/122/4 of 25.3.2015

                           Sorghum sudanense (Piper) Stapf.

                        Sudan grass

                        TG 122/4 of 25.3.2015

                           Sorghum bicolor (L.) Moench × Sorghum sudanense (Piper) Stapf

                        Hybrids resulting from the crossing of Sorghum bicolor and Sorghum sudanense

                        TG 122/4 of 25.3.2015

                  ’

         PART B

      ‘
            ANNEX I

               List of species referred to in Article 1(2)(a) which are to comply with CPVO test protocols
                (3)

                        Scientific name

                        Common name

                        CPVO protocol

                           Allium cepa L. (Cepa group)

                        Onion and Echalion

                        TP 46/2 of 1.4.2009

                           Allium cepa L. (Aggregatum group)

                        Shallot

                        TP 46/2 of 1.4.2009

                           Allium fistulosum L.

                        Japanese bunching onion or Welsh onion

                        TP 161/1 of 11.3.2010

                           Allium porrum L.

                        Leek

                        TP 85/2 of 1.4.2009

                           Allium sativum L.

                        Garlic

                        TP 162/1 of 25.3.2004

                           Allium schoenoprasum L.

                        Chives

                        TP 198/2 of 11.3.2015

                           Apium graveolens L.

                        Celery

                        TP 82/1 of 13.3.2008

                           Apium graveolens L.

                        Celeriac

                        TP 74/1 of 13.3.2008

                           Asparagus officinalis L.

                        Asparagus

                        TP 130/2 of 16.2.2011

                           Beta vulgaris L.

                        Beetroot including Cheltenham beet

                        TP 60/1 of 1.4.2009

                           Beta vulgaris L.

                        Spinach beet or Chard

                        TP 106/1 of 11.3.2015

                           Brassica oleracea L.

                        Curly kale

                        TP 90/1 of 16.2.2011

                           Brassica oleracea L.

                        Cauliflower

                        TP 45/2 Rev. of 15.3.2017

                           Brassica oleracea L.

                        Sprouting broccoli or Calabrese

                        TP 151/2 Rev. of 15.3.2017

                           Brassica oleracea L.

                        Brussels sprouts

                        TP 54/2 Rev. of 15.3.2017

                           Brassica oleracea L.

                        Kohlrabi

                        TP 65/1 Rev. of 15.3.2017

                           Brassica oleracea L.

                        Savoy cabbage, White cabbage and Red cabbage

                        TP 48/3 Rev. of 15.3.2017

                           Brassica rapa L.

                        Chinese cabbage

                        TP 105/1 of 13.3.2008

                           Capsicum annuum L.

                        Chilli or Pepper

                        TP 76/2 Rev. of 15.3.2017

                           Cichorium endivia L.

                        Curled-leaved endive and Plain-leaved endive

                        TP 118/3 of 19.3.2014

                           Cichorium intybus L.

                        Industrial chicory

                        TP 172/2 of 1.12.2005

                           Cichorium intybus L.

                        Witloof chicory

                        TP 173/1 of 25.3.2004

                           Citrullus lanatus (Thunb.) Matsum. et Nakai

                        Watermelon

                        TP 142/2 of 19.3.2014

                           Cucumis melo L.

                        Melon

                        TP 104/2 of 21.3.2007

                           Cucumis sativus L.

                        Cucumber and Gherkin

                        TP 61/2 of 13.3.2008

                           Cucurbita maxima Duchesne

                        Gourd

                        TP 155/1 of 11.3.2015

                           Cucurbita pepo L.

                        Marrow or Courgette

                        TP 119/1rev. of 19.3.2014

                           Cynara cardunculus L.

                        Globe artichoke and Cardoon

                        TP 184/2 of 27.2.2013

                           Daucus carota L.

                        Carrot and Fodder carrot

                        TP 49/3 of 13.3.2008

                           Foeniculum vulgare Mill.

                        Fennel

                        TP 183/1 of 25.3.2004

                           Lactuca sativa L.

                        Lettuce

                        TP 13/5 Rev. 2 of 15.3.2017

                           Solanum lycopersicum L.

                        Tomato

                        TP 44/4 Rev. 2 of 19.4.2016

                           Petroselinum crispum (Mill.) Nyman ex A. W. Hill

                        Parsley

                        TP 136/1 of 21.3.2007

                           Phaseolus coccineus L.

                        Runner bean

                        TP 9/1 of 21.3.2007

                           Phaseolus vulgaris L.

                        Dwarf French bean and Climbing French bean

                        TP 12/4 of 27.2.2013

                           Pisum sativum L. (partim)

                        Wrinkled pea, Round pea and Sugar pea

                        TP 7/2 Rev. 2 of 15.3.2017

                           Raphanus sativus L.

                        Radish, Black radish

                        TP 64/2 Rev. of 11.3.2015

                           Rheum rhabarbarum L

                        Rhubarb

                        TP 62/1 of 19.4.2016

                           Scorzonera hispanica L.

                        Scorzonera or Black salsify

                        TP 116/1 of 11.3.2015

                           Solanum melongena L.

                        Aubergine or Egg plant

                        TP 117/1 of 13.3.2008

                           Spinacia oleracea L.

                        Spinach

                        TP 55/5 Rev. 2 of 15.3.2017

                           Valerianella locusta (L.) Laterr.

                        Corn salad or Lamb's lettuce

                        TP 75/2 of 21.3.2007

                           Vicia faba L. (partim)

                        Broad bean

                        TP Broadbean/1 of 25.3.2004

                           Zea mays L. (partim)

                        Sweet corn and Pop corn

                        TP 2/3 of 11.3.2010

                           Solanum lycopersicum L. × Solanum habrochaites S. Knapp & D.M. Spooner; Solanum lycopersicum L. × Solanum peruvianum (L.) Mill.; Solanum lycopersicum L. × Solanum cheesmaniae (L. Ridley) Fosberg

                        Tomato rootstocks

                        TP 294/1 Rev. 2 of 15.3.2017

                           Cucurbita maxima × Cucurbita moschata

                        Interspecific hybrids of Cucurbita maxima Duch. × Cucurbita moschata Duch. for use as rootstocks

                        TP 311/1 of 15.3.2017

            ANNEX II

               List of species referred to in Article 1(2)(b) which are to comply with UPOV test guidelines
                (4)

                        Scientific name

                        Common name

                        UPOV guideline

                           Brassica rapa L.

                        Turnip

                        TG/37/10 of 4.4.2001

                           Cichorium intybus L.

                        Large-leaved chicory or Italian chicory

                        TG/154/4 of 5.4.2017

                  ’

         (1)  The text of these protocols can be found on the CPVO web site (www.cpvo.europa.eu).

         (2)  The text of these guidelines can be found on the UPOV web site (www.upov.int).

         (3)  The text of these protocols can be found on the CPVO web site (www.cpvo.europa.eu).

         (4)  The text of these guidelines can be found on the UPOV web site (www.upov.int).


title: Commission Delegated Directive (EU) 2018/739 of 1 March 2018 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 lead as an alloying element in steel (Text with EEA relevance. )

text:
               18.5.2018

               EN

               Official Journal of the European Union

               L 123/103

         COMMISSION DELEGATED DIRECTIVE (EU) 2018/739
   of 1 March 2018
   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 lead as an alloying element in steel
   (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 (1) and in particular Article 5(1)(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 lead.

               (2)

               Point 6(a) of Annex III to Directive 2011/65/EU exempted the use of lead as an alloying element in steel for machining purposes and in galvanised steel containing up to 0,35 % lead by weight until 21 July 2016. The Commission received an application for renewal of this exemption in relation to categories 1 to 7 and 10 before 21 January 2015, in accordance with Article 5(5) of Directive 2011/65/EU.

               (3)

               Lead is added to steel as a machinability enhancer for industrial production. It has a lubrication effect that eases deep drilling and high speed operations. Galvanisation is the process of applying a protective zinc coating to steel in order to prevent corrosion.

               (4)

               Though lead-free steel is available for some specific applications, the substitution in the remaining applications is currently scientifically and technically impracticable. A further narrowing of the scope of the exemption has proven to be currently not feasible due to the high complexity of the supply chain.

               (5)

               Among galvanised steels, lead is still necessary only in batch hot dip galvanised steel and in a lower concentration due to progress in technology.

               (6)

               Since for the applications concerned in categories 1 to 7 and 10, no sufficiently reliable alternatives are available today or are likely to be available on the market in the near future, and in case of hot dip galvanised steel, the lead content results from impurities from recycled zinc, validity period until 21 July 2021 is justified for both application, while a shorter period could generate unnecessary administrative burden for the industry. For categories other than categories 1 to 7 and 10, the existing exemption is valid as per the validity periods set out in the second subparagraph of Article 5(2) of Directive 2011/65/EU.

               (7)

               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 30 June 2019 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 1 July 2019.
   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, 1 March 2018.

            For the Commission

            The President

         Jean-Claude JUNCKER

      (1)  OJ L 174, 1.7.2011, p. 88.

      ANNEX
      In Annex III to Directive 2011/65/EU, point 6(a) is replaced by the following:

                     ‘6(a)

                     Lead as an alloying element in steel for machining purposes and in galvanised steel containing up to 0,35 % lead by weight

                     Expires on:

                                 —

                                 21 July 2021 for categories 8 and 9 other than in vitro diagnostic medical devices and industrial monitoring and control instruments;

                                 —

                                 21 July 2023 for category 8 in vitro diagnostic medical devices;

                                 —

                                 21 July 2024 for category 9 industrial monitoring and control instruments, and for category 11.

                     6(a)-I

                     Lead as an alloying element in steel for machining purposes containing up to 0,35 % lead by weight and in batch hot dip galvanised steel components containing up to 0,2 % lead by weight

                     Expires on 21 July 2021 for categories 1-7 and 10.’


title: Commission Implementing Directive (EU) 2018/484 of 21 March 2018 amending Directive 93/49/EEC as regards requirements to be fulfilled by the propagating material of certain genera or species of Palmae in respect of Rhynchophorus ferrugineus (Olivier)

text:
               23.3.2018

               EN

               Official Journal of the European Union

               L 81/10

         COMMISSION IMPLEMENTING DIRECTIVE (EU) 2018/484
   of 21 March 2018
   amending Directive 93/49/EEC as regards requirements to be fulfilled by the propagating material of certain genera or species of Palmae in respect of Rhynchophorus ferrugineus (Olivier)
   THE EUROPEAN COMMISSION,
   Having regard to the Treaty on the Functioning of the European Union,
   Having regard to Council Directive 98/56/EC of 20 July 1998 on the marketing of propagating material of ornamental plants (1), and in particular Article 5(5) thereof,
   Whereas:

               (1)

                  Rhynchophorus ferrugineus (Olivier) has been found in most of the endangered Union territories and it has been concluded that this harmful organism is now known to occur in a substantial part of Union territory. Commission Decision 2007/365/EC (2) on emergency measures in respect of Rhynchophorus ferrugineus (Olivier) has therefore been repealed by Commission Implementing Decision (EU) 2018/490 (3).

               (2)

                  Rhynchophorus ferrugineus (Olivier) causes severe damage to plants of host species belonging to the Palmae family with the exception of plants with a diameter of the stem at the base of less than 5 cm.

               (3)

               Those plants are present in many parts of the Union where they are planted in large numbers for ornamental purposes and are of high environmental and economic importance.

               (4)

               It is therefore appropriate to set out specific requirements to ensure the quality of the propagating material of certain genera and species of Palmae, which are most commonly marketed in the Union and which are at risk of being infested by that harmful organism if such requirements are not fulfilled. Those requirements should include specific growing conditions or treatment of that material, as well as the condition of being free of Rhynchophorus ferrugineus (Olivier).

               (5)

               Commission Directive 93/49/EEC (4) should be therefore amended accordingly.

               (6)

               The measures provided for in this Directive are in accordance with the opinion of the Standing Committee on Plants, Animal, Food and Feed,

         HAS ADOPTED THIS DIRECTIVE:
   Article 1
   Amendment of Commission Directive 93/49/EEC
   Commission Directive 93/49/EEC is amended as follows:

               (1)

               The following Article 3a is added:
               ‘Article 3a
               Propagating material of Palmae belonging to the genera and species referred to in the Annex and having a diameter of the stem at the base of over 5 cm shall comply with one of the following requirements:

                           (a)

                           it shall have been grown for their entire life in an area which has been established as free from Rhynchophorus ferrugineus (Olivier) by the responsible official body in accordance with relevant International Standards for Phytosanitary Measures;

                           (b)

                           it shall have been grown in the two years prior to their marketing in a site within the Union with complete physical protection against the introduction of Rhynchophorus ferrugineus (Olivier), or in a site within the Union where the appropriate preventive treatments have been applied with respect to that harmful organism. It shall be subject to visual inspections carried out at least once every four months, confirming freedom of that material from Rhynchophorus ferrugineus (Olivier).

                     This Article shall apply without prejudice to the rules on protected zones adopted pursuant to point (h) of Article 2(1) and Article 5(3) of Directive 2000/29/EC’

               (2)

               The Annex is amended in accordance with the Annex to this Directive.

         Article 2
   Transposition
   1.   Member States shall adopt and publish, by 30 September 2018 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 and a correlation table between those provisions and this Directive.
   They shall apply those provisions from 1 October 2018.
   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
   Entry into force
   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
   Addressees
   This Directive is addressed to the Member States.

      Done at Brussels, 21 March 2018.

            For the Commission

            The President

         Jean-Claude JUNCKER

      (1)  OJ L 226, 13.8.1998, p. 16.

      (2)  Commission Decision 2007/365/EC of 25 May 2007 on emergency measures to prevent the introduction into and the spread within the Community of Rhynchophorus ferrugineus (Olivier) (OJ L 139, 31.5.2007, p. 24).

      (3)  Commission Implementing Decision (EU) 2018/490 of 21 March 2018 repealing Decision 2007/365/EC on emergency measures to prevent the introduction into and the spread within the Community of Rhynchophorus ferrugineus (Olivier) (see p. 22 of this Official Journal).

      (4)  Commission Directive 93/49/EEC of 23 June 1993 setting out the schedule indicating the conditions to be met by ornamental plant propagating material and ornamental plants pursuant to Council Directive 91/682/EEC (OJ L 250, 7.10.1993, p. 9).

      ANNEX
      In the Annex, the following entry is inserted after the entry ‘Narcissus L.’ in the table:

                     Genus or species

                     Specific harmful organisms and diseases

                                 ‘—

                                       Palmae, as regards the following genera and species

                                 —

                                    Areca catechu L.

                                 —

                                    Syagrus romanzoffiana (Cham.) Glassman

                                 —

                                    Arenga pinnata (Wurmb) Merr.

                                 —

                                    Bismarckia Hildebr. & H.Wendl.

                                 —

                                    Borassus flabellifer L.

                                 —

                                    Brahea armata S. Watson

                                 —

                                    Brahea edulis H.Wendl.

                                 —

                                    Butia capitata (Mart.) Becc.

                                 —

                                    Calamus merrillii Becc.

                                 —

                                    Caryota maxima Blume

                                 —

                                    Caryota cumingii Lodd. ex Mart.

                                 —

                                    Chamaerops humilis L.

                                 —

                                    Cocos nucifera L.

                                 —

                                    Corypha utan Lam.

                                 —

                                    Copernicia Mart.

                                 —

                                    Elaeis guineensis Jacq.

                                 —

                                    Howea forsteriana Becc.

                                 —

                                    Jubaea chilensis (Molina) Baill.

                                 —

                                    Livistona australis C. Martius

                                 —

                                    Livistona decora (W. Bull) Dowe

                                 —

                                    Livistona rotundifolia (Lam.) Mart.

                                 —

                                    Metroxylon sagu Rottb.

                                 —

                                    Roystonea regia (Kunth) O.F. Cook

                                 —

                                    Phoenix canariensis Chabaud

                                 —

                                    Phoenix dactylifera L.

                                 —

                                    Phoenix reclinata Jacq.

                                 —

                                    Phoenix roebelenii O'Brien

                                 —

                                    Phoenix sylvestris (L.) Roxb.

                                 —

                                    Phoenix theophrasti Greuter

                                 —

                                    Pritchardia Seem. & H.Wendl.

                                 —

                                    Ravenea rivularis Jum. & H.Perrier

                                 —

                                    Sabal palmetto (Walter) Lodd. ex Schult. & Schult.f.

                                 —

                                    Trachycarpus fortunei (Hook.) H. Wendl.

                                 —

                                    Washingtonia H. Wendl.

                        Insects, mites and nematodes at all stages of their development

                                 —

                                    Rhynchophorus ferrugineus (Olivier)’


title: Commission Delegated Directive (EU) 2018/736 of 27 February 2018 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 certain electrical and electronic components containing lead in glass or ceramic (Text with EEA relevance. )

text:
               18.5.2018

               EN

               Official Journal of the European Union

               L 123/94

         COMMISSION DELEGATED DIRECTIVE (EU) 2018/736
   of 27 February 2018
   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 certain electrical and electronic components containing lead in glass or ceramic
   (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 (1) and in particular Article 5(1)(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 lead.

               (2)

               Point 7(c)-I of Annex III to Directive 2011/65/EU exempted the use of lead in electrical and electronic components containing lead in a glass or ceramic other than dielectric ceramic in capacitors, e.g. piezoelectronic devices, or in a glass or ceramic matrix compound until 21 July 2016. The Commission received an application for renewal of this exemption in relation to categories 1 to 7 and 10 before 21 January 2015, in accordance with Article 5(5) of Directive 2011/65/EU. Moreover, the Commission received in November 2014 a request for a new exemption (request No 2015-1) for lead use in thin film electronic sensor elements such as pyroelectric sensors or piezoelectric sensors, which is an application covered by point 7(c)-I. During the following stakeholder consultations it has been agreed with the applicant to evaluate the exemption request 2015-1 in the broader context of the exemption 7(c)-I.

               (3)

               In ceramics, lead provides particular dielectric, piezoelectric, pyroelectric, ferroelectric, semiconductor, magnetic properties over a wide use ranges in terms of temperatures, voltages or frequencies. In glass, lead provides crucial properties such as lowering the melting and softening points, improving workability, machinability, and chemical stability and others. Lead-containing glass can be used over a wide range of applications, including insulation, protection, resistance, bonding or hermetic sealing.

               (4)

               Currently, substitution or elimination of lead in glass and/or ceramic is still scientifically or technically impracticable.

               (5)

               Since for the applications concerned in categories 1 to 7 and 10, no reliable alternatives are available on the market or are likely to be available on the market in the near future, a renewal of the exemption with a validity period until 21 July 2021 is justified, while nonessential splitting of the wording and a shorter period could generate unnecessary administrative burden. In order to avoid overlapping scopes of exemptions within the Annex III to Directive 2011/65/EU, the proposed wording clarifies that the applications covered by exemption 34 are excluded from the exemption 7(c)-I. For categories other than categories 1 to 7 and 10, the existing exemption is valid as per the validity periods set out in in the second subparagraph of Article 5(2) of Directive 2011/65/EU.

               (6)

               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 30 June 2019 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 1 July 2019.
   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, 27 February 2018.

            For the Commission

            The President

         Jean-Claude JUNCKER

      (1)  OJ L 174, 1.7.2011, p. 88.

      ANNEX
      In Annex III to Directive 2011/65/EU, point 7(c)-I is replaced by the following:

                     ‘7(c)-I

                     Electrical and electronic components containing lead in a glass or ceramic other than dielectric ceramic in capacitors, e.g. piezoelectronic devices, or in a glass or ceramic matrix compound

                     Applies to categories 1-7 and 10 (except applications covered under point 34) and expires on 21 July 2021.
                     For categories 8 and 9 other than in vitro diagnostic medical devices and industrial monitoring and control instruments expires on 21 July 2021.
                     For category 8 in vitro diagnostic medical devices expires on 21 July 2023.
                     For category 9 industrial monitoring and control instruments, and for category 11 expires on 21 July 2024.’


title: Commission Delegated Directive (EU) 2018/737 of 27 February 2018 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 lead in solders for the soldering to machined through hole discoidal and planar array ceramic multilayer capacitors (Text with EEA relevance. )

text:
               18.5.2018

               EN

               Official Journal of the European Union

               L 123/97

         COMMISSION DELEGATED DIRECTIVE (EU) 2018/737
   of 27 February 2018
   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 lead in solders for the soldering to machined through hole discoidal and planar array ceramic multilayer capacitors
   (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 (1) and in particular Article 5(1)(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 lead.

               (2)

               Point 24 of Annex III to Directive 2011/65/EU exempted the use of lead in solders for the soldering to machined through hole discoidal and planar array ceramic multilayer capacitors until 21 July 2016. The Commission received an application for renewal of this exemption in relation to categories 1 to 7 and 10 before 21 January 2015, in accordance with Article 5(5) of Directive 2011/65/EU.

               (3)

               Discoidal and planar array capacitors are derivations of multi-layer ceramic capacitors. They are specialist capacitors used in electromagnetic interference filters and electromagnetic interference filtered connectors for high end applications, where the elimination of electrical interference is critical. Typical applications for assemblies incorporating those components include professional audio equipment, maritime monitoring and video surveillance systems.

               (4)

               Lead-containing solders used in discoidal and planar array capacitors provide the combination of a suitable melting point and ductility. The ductility of that solder avoids cracking of the ceramic layer during and after soldering due to thermal mismatch between the ceramic capacitor and the copper pin.

               (5)

               Currently, the substitution of lead is scientifically and technically impracticable.

               (6)

               Since for the applications concerned in categories 1 to 7 and 10, no sufficiently reliable alternatives are available on the market or are likely to be available on the market in the near future, validity period until 21 July 2021 is justified. For categories other than categories 1 to 7 and 10, the existing exemption is valid as per the validity periods set out in the second subparagraph of Article 5(2) of Directive 2011/65/EU.

               (7)

               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 30 June 2019 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 1 July 2019.
   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, 27 February 2018.

            For the Commission

            The President

         Jean-Claude JUNCKER

      (1)  OJ L 174, 1.7.2011, p. 88.

      ANNEX
      In Annex III to Directive 2011/65/EU, point 24 is replaced by the following:

                     ‘24

                     Lead in solders for the soldering to machined through hole discoidal and planar array ceramic multilayer capacitors

                     Expires on:

                                 —

                                 21 July 2021 for categories 1-7 and 10,

                                 —

                                 21 July 2021 for categories 8 and 9 other than in vitro diagnostic medical devices and industrial monitoring and control instruments,

                                 —

                                 21 July 2023 for category 8 in vitro diagnostic medical devices,

                                 —

                                 21 July 2024 for category 9 industrial monitoring and control instruments, and for category 11.’


title: Commission Delegated Directive (EU) 2018/738 of 27 February 2018 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 lead in cermet-based trimmer potentiometer elements (Text with EEA relevance. )

text:
               18.5.2018

               EN

               Official Journal of the European Union

               L 123/100

         COMMISSION DELEGATED DIRECTIVE (EU) 2018/738
   of 27 February 2018
   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 lead in cermet-based trimmer potentiometer elements
   (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 (1) and in particular Article 5(1)(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 lead.

               (2)

               Point 34 of Annex III to Directive 2011/65/EU exempted the use of lead in cermet-based trimmer potentiometer elements until 21 July 2016. The Commission received an application for renewal of this exemption in relation to categories 1 to 7 and 10 before 21 January 2015, in accordance with Article 5(5) of Directive 2011/65/EU.

               (3)

               Trimmer potentiometers are variable resistors. They work with a wiper to adjust the resistance of the circuit. They are applied in a wide range of products like, e.g. audiovisual equipment, communication equipment, toys and measuring devices, electrical household appliances. They contain lead as lead oxide in resistive inks where it acts as a bonding agent.

               (4)

               Currently, there are no reliable lead-free alternatives available so that substitution of lead is still scientifically and technically impracticable.

               (5)

               Since for the applications concerned in categories 1 to 7 and 10, no sufficiently reliable alternatives are available on the market or are likely to be available on the market in the near future, validity period until 21 July 2021 is justified. For categories other than categories 1 to 7 and 10, the existing exemption is valid as per the validity periods set out in the second subparagraph of Article 5(2) of Directive 2011/65/EU.

               (6)

               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 30 June 2019 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 1 July 2019.
   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, 27 February 2018.

            For the Commission

            The President

         Jean-Claude JUNCKER

      (1)  OJ L 174, 1.7.2011, p. 88.

      ANNEX
      In Annex III to Directive 2011/65/EU, point 34 is replaced by the following:

                     ‘34

                     Lead in cermet-based trimmer potentiometer elements

                     Applies to all categories; expires on:

                                 —

                                 21 July 2021 for categories 1-7 and 10,

                                 —

                                 21 July 2021 for categories 8 and 9 other than in vitro diagnostic medical devices and industrial monitoring and control instruments,

                                 —

                                 21 July 2023 for category 8 in vitro diagnostic medical devices,

                                 —

                                 21 July 2024 for category 9 industrial monitoring and control instruments, and for category 11.’


title: Commission Delegated Directive (EU) 2019/170 of 16 November 2018 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 lead in PZT based dielectric ceramic materials for certain capacitors (Text with EEA relevance.)

text:
                  5.2.2019

                  EN

                  Official Journal of the European Union

                  L 33/8

         COMMISSION DELEGATED DIRECTIVE (EU) 2019/170
         of 16 November 2018
         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 lead in PZT based dielectric ceramic materials for certain capacitors
         (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 (1) and in particular Article 5(1)(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 certain hazardous substances listed in Annex II to that Directive. That requirement does not apply to the applications listed in Annex III to Directive 2011/65/EU.

                     (2)

                     The different categories of electrical and electronic equipment for which Directive 2011/65/EU applies (categories 1 to 11) are listed in Annex I to that Directive.

                     (3)

                     Lead is a restricted substance listed in Annex II to Directive 2011/65/EU. The use of lead in PZT based dielectric ceramic materials for capacitors which are part of integrated circuits or discrete semiconductors was, however, exempted from the restriction and is currently listed in entry 7(c)-IV of Annex III to that Directive. The expiry date of that exemption was 21 July 2016.

                     (4)

                     The Commission received an application for renewal of that exemption before 21 January 2015, in accordance with Article 5(5) of Directive 2011/65/EU. The exemption remains valid until a decision on that application has been adopted.

                     (5)

                     Ceramic capacitors which are part of integrated circuits or discrete semiconductors use dielectric ceramic materials based on PZT (lead-zirconium-titanate) ceramics. Lead containing PZT ceramics offer high piezoelectric effect, high dielectric constant, pyroelectric behaviour and ferroelectric properties.

                     (6)

                     A complete substitution or elimination of lead in such capacitors is still scientifically and technically impracticable due to the lack of reliable substitutes. The exemption does not weaken the environmental and health protection afforded by Regulation (EC) No 1907/2006 of the European Parliament and of the Council (2). The exemption for the use of lead in PZT based dielectric ceramic materials for capacitors which are part of integrated circuits or discrete semiconductors should therefore be renewed.

                     (7)

                     Since, for the applications concerned, no reliable alternatives are available today or are likely to be available on the market in the near future, the exemption for categories 1 to 7 and 10 should be renewed for the maximum duration of five years until 21 July 2021. 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.

                     (8)

                     For categories other than 1 to 7 and 10, the existing exemption remains valid as per the validity periods set out in the second subparagraph of Article 5(2) of Directive 2011/65/EU. For reasons of clarity, the dates of expiry should be added in Annex III to that Directive.

                     (9)

                     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 29 February 2020 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 1 March 2020.
               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, 16 November 2018.

                  For the Commission

                  The President

               Jean-Claude JUNCKER

            (1)  OJ L 174, 1.7.2011, p. 88.

            (2)  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) and establishing a European Chemicals Agency (OJ L 396, 30.12.2006, p. 1).

            ANNEX
            In Annex III, entry 7(c)-IV is replaced by the following:

                           ‘7(c)-IV

                           Lead in PZT based dielectric ceramic materials for capacitors which are part of integrated circuits or discrete semiconductors

                           Expires on:

                                       —

                                       21 July 2021 for categories 1-7 and 10;

                                       —

                                       21 July 2021 for categories 8 and 9 other than in vitro diagnostic medical devices and industrial monitoring and control instruments;

                                       —

                                       21 July 2023 for category 8 in vitro diagnostic medical devices;

                                       —

                                       21 July 2024 for category 9 industrial monitoring and control instruments, and for category 11.’


title: Commission Delegated Directive (EU) 2018/741 of 1 March 2018 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 lead as an alloying element in copper (Text with EEA relevance. )

text:
               18.5.2018

               EN

               Official Journal of the European Union

               L 123/109

         COMMISSION DELEGATED DIRECTIVE (EU) 2018/741
   of 1 March 2018
   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 lead as an alloying element in copper
   (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 (1) and in particular Article 5(1)(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 lead.

               (2)

               Point 6(c) of Annex III to Directive 2011/65/EU exempted the use of lead as an alloying element in copper containing up to 4 % lead by weight until 21 July 2016. The Commission received an application for renewal of this exemption in relation to categories 1 to 7 and 10 before 21 January 2015, in accordance with Article 5(5) of Directive 2011/65/EU.

               (3)

               Lead in copper alloys acts as chip breaker and lubricant, gives copper alloys a favourable machinability, and provides the finished component also with other properties, such as corrosion resistance.

               (4)

               Currently, alternatives to the use of copper alloys containing lead up to 4 % by weight cannot be identified as scientifically or technically practicable. Therefore, a renewal of the exemption for the duration of 5 years after the former expiry date is justified to allow carrying out a comprehensive survey of the supply chain.

               (5)

               For categories 1 to 7 and 10, the exemption should be renewed until 21 July 2021 to allow performing a comprehensive survey of the supply chain in order to narrow the scope of the exemption at the time of the next review. For categories other than categories 1 to 7 and 10, the existing exemption is valid as per the validity periods set out in Article 5(2) of Directive 2011/65/EU.

               (6)

               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 30 June 2019 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 1 July 2019.
   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, 1 March 2018.

            For the Commission

            The President

         Jean-Claude JUNCKER

      (1)  OJ L 174, 1.7.2011, p. 88.

      ANNEX
      In Annex III to Directive 2011/65/EU, point 6(c) is replaced by the following:

                     ‘6(c)

                     Copper alloy containing up to 4 % lead by weight

                     Expires on:

                                 —

                                 21 July 2021 for categories 1-7 and 10,

                                 —

                                 21 July 2021 for categories 8 and 9 other than in vitro diagnostic medical devices and industrial monitoring and control instruments,

                                 —

                                 21 July 2023 for category 8 in vitro diagnostic medical devices,

                                 —

                                 21 July 2024 for category 9 industrial monitoring and control instruments, and for category 11.’


title: Commission Delegated Directive (EU) 2018/742 of 1 March 2018 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 lead in high melting temperature solders (Text with EEA relevance. )

text:
               18.5.2018

               EN

               Official Journal of the European Union

               L 123/112

         COMMISSION DELEGATED DIRECTIVE (EU) 2018/742
   of 1 March 2018
   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 lead in high melting temperature solders
   (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 (1), and in particular Article 5(1)(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 lead.

               (2)

               Point 7(a) of Annex III to Directive 2011/65/EU exempted the use of lead in high melting temperature type solders (i.e. lead-based alloys containing 85 % by weight or more lead) until 21 July 2016. The Commission received an application for renewal of this exemption in relation to categories 1 to 7 and 10 before 21 January 2015, in accordance with Article 5(5) of Directive 2011/65/EU.

               (3)

               Lead gives solders crucial properties such as high melting point, electrical conductivity, thermal conductivity, ductility, corrosion-resistivity, appropriate oxidation nature, and wettability.

               (4)

               Currently, substitution or elimination of lead in high melting temperature solders is still scientifically or technically impracticable. Neither is it at current stage possible to narrow the scope of the exemption due to the high diversity of the applications concerned.

               (5)

               Since for the applications concerned in categories 1 to 7 and 10 no reliable alternatives are available on the market or are likely to be available on the market in the near future, a renewal of the exemption with a validity period until 21 July 2021 is justified, while nonessential splitting of the wording and a shorter period could generate unnecessary administrative burden for the industry. In order to avoid overlapping scopes of exemptions within the Annex III to Directive 2011/65/EU, the proposed wording clarifies that the applications covered by exemption 24 (solders for the soldering to machined through hole discoidal and planar array ceramic multilayer capacitors) are excluded from the exemption 7(a). For categories other than categories 1 to 7 and 10, the existing exemption is valid as per the validity periods set out in the second subparagraph of Article 5(2) of Directive 2011/65/EU.

               (6)

               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 30 June 2019 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 1 July 2019.
   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, 1 March 2018.

            For the Commission

            The President

         Jean-Claude JUNCKER

      (1)  OJ L 174, 1.7.2011, p. 88.

      ANNEX
      In Annex III to Directive 2011/65/EU, point 7(a) is replaced by the following:

                     ‘7(a)

                     Lead in high melting temperature type solders (i.e. lead-based alloys containing 85 % by weight or more lead)

                     Applies to categories 1-7 and 10 (except applications covered by point 24 of this Annex) and expires on 21 July 2021.
                     For categories 8 and 9 other than in vitro diagnostic medical devices and industrial monitoring and control instruments expires on 21 July 2021.
                     For category 8 in vitro diagnostic medical devices expires on 21 July 2023.
                     For category 9 industrial monitoring and control instruments, and for category 11 expires on 21 July 2024.’


title: Commission Delegated Directive (EU) 2019/169 of 16 November 2018 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 lead in dielectric ceramic in certain capacitors (Text with EEA relevance.)

text:
                  5.2.2019

                  EN

                  Official Journal of the European Union

                  L 33/5

         COMMISSION DELEGATED DIRECTIVE (EU) 2019/169
         of 16 November 2018
         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 lead in dielectric ceramic in certain capacitors
         (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 (1) and in particular Article 5(1)(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 certain hazardous substances listed in Annex II to that Directive. That requirement does not apply to the applications listed in Annex III to Directive 2011/65/EU.

                     (2)

                     The different categories of electrical and electronic equipment for which Directive 2011/65/EU applies (categories 1 to 11) are listed in Annex I to that Directive.

                     (3)

                     Lead is a restricted substance listed in Annex II to Directive 2011/65/EU. The use of lead in dielectric ceramic in capacitors for a rated voltage of 125 V AC or 250 V DC or higher was, however, exempted from the restriction and is currently listed in entry 7(c)-II of Annex III to that Directive. The expiry date of that exemption was, for categories 1 to 7 and 10, 21 July 2016.

                     (4)

                     The Commission received an application for renewal of that exemption before 21 January 2015, in accordance with Article 5(5) of Directive 2011/65/EU. The exemption remains valid until a decision on that application has been adopted.

                     (5)

                     Discrete ceramic capacitors for a rated voltage of 125 V AC or 250 V DC or higher bear the capability of storing and releasing electric charges (electrostatic capacitance) and are incorporated into high voltage circuits in a wide variety of electrical and electronic equipment. They are used in all types of markets and applications, for example social infrastructure systems, industry automation, oil and mineral exploration, power conversion, high power supplies, telecommunication, and medical devices.

                     (6)

                     The function of lead in the dielectric ceramic is to obtain high dielectric constant at high operating voltage, high energy storage capability (also at high temperatures), low leakage at high voltage and high temperatures, and low loss at high current, frequency, and temperatures.

                     (7)

                     A substitution or elimination of lead is still scientifically and technically impracticable for certain ceramic capacitors due to the lack of reliable substitutes. The exemption does not weaken the environmental and health protection afforded by Regulation (EC) No 1907/2006 of the European Parliament and of the Council (2). The exemption for the use of lead in dielectric ceramic in capacitors for a rated voltage of 125 V AC or 250 V DC or higher should therefore be renewed. For reasons of clarity, it should be added in Annex III to Directive 2011/65/EU that applications covered by entries 7(c)-I and 7(c)-IV are excluded from entry 7(c)-II.

                     (8)

                     Since, for the applications concerned, no reliable alternatives are yet available on the market, the exemption for categories 1 to 7 and 10 should be renewed for the maximum duration of five years until 21 July 2021. 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.

                     (9)

                     For categories other than 1 to 7 and 10, the existing exemption remains valid as per the validity periods set out in the second subparagraph of Article 5(2) of Directive 2011/65/EU. For reasons of clarity, the dates of expiry should be added in Annex III to that Directive.

                     (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 29 February 2020 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 1 March 2020.
               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, 16 November 2018.

                  For the Commission

                  The President

               Jean-Claude JUNCKER

            (1)  OJ L 174, 1.7.2011, p. 88.

            (2)  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) and establishing a European Chemicals Agency (OJ L 396, 30.12.2006, p. 1).

            ANNEX
            In Annex III, entry 7(c)-II is replaced by the following:

                           ‘7(c)-II

                           Lead in dielectric ceramic in capacitors for a rated voltage of 125 V AC or 250 V DC or higher

                           Does not apply to applications covered by point 7(c)-I and 7(c)-IV of this Annex.
                           Expires on:

                                       —

                                       21 July 2021 for categories 1-7 and 10;

                                       —

                                       21 July 2021 for categories 8 and 9 other than in vitro diagnostic medical devices and industrial monitoring and control instruments;

                                       —

                                       21 July 2023 for category 8 in vitro diagnostic medical devices;

                                       —

                                       21 July 2024 for category 9 industrial monitoring and control instruments, and for category 11.’


title: Commission Delegated Directive (EU) 2019/171 of 16 November 2018 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 cadmium and its compounds in electrical contacts (Text with EEA relevance.)

text:
                  5.2.2019

                  EN

                  Official Journal of the European Union

                  L 33/11

         COMMISSION DELEGATED DIRECTIVE (EU) 2019/171
         of 16 November 2018
         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 cadmium and its compounds in electrical contacts
         (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 (1) and in particular Article 5(1)(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 certain hazardous substances listed in Annex II to that Directive. That requirement does not apply to the applications listed in Annex III to Directive 2011/65/EU.

                     (2)

                     The different categories of electrical and electronic equipment for which Directive 2011/65/EU applies (categories 1 to 11) are listed in Annex I to that Directive.

                     (3)

                     Cadmium is a restricted substance listed in Annex II to Directive 2011/65/EU. The use of cadmium and its compounds in electrical contacts was, however, exempted from the restriction and is currently listed in entry 8(b) of Annex III to that Directive. The expiry date of that exemption was, for categories 1 to 7 and 10, 21 July 2016.

                     (4)

                     The Commission received an application for renewal of that exemption before 21 January 2015, in accordance with Article 5(5) of Directive 2011/65/EU. The exemption remains valid until a decision on that application has been adopted.

                     (5)

                     Electrical contact materials containing cadmium are used in many electromechanical devices as components which can carry current intermittently through contact surfaces. Devices concerned are in particular power switching of electric motors, relays and contactors, switches for power tools, appliance switches, circuit breakers for switching equipment, power packs, occupancy/time delay sensors, and lighting control panels.

                     (6)

                     Cadmium in electrical contacts provides essential properties such as superior performance, arc-quenching, higher conductivity, less contact erosion and relatively easy manufacture compared to the alternatives.

                     (7)

                     For certain applications covered by the current exemption, a substitution or elimination of cadmium is still scientifically and technically impracticable due to the lack of reliable substitutes or requires more time to ensure the reliability of the available substitutes. The exemption does not weaken the environmental and health protection afforded by Regulation (EC) No 1907/2006 of the European Parliament and of the Council (2). It should therefore be renewed for those particular applications.

                     (8)

                     For all other applications currently covered by the exemption, the conditions for renewal are not fulfilled. The exemption for those applications should continue to apply for 12 months after the date of entry into force of this Delegated Directive in accordance with Article 5(6) of Directive 2011/65/EU.

                     (9)

                     Since, for the applications concerned by that renewal, no reliable alternatives are available on the market or more time is needed to ensure the reliability of such alternatives, the exemption for those applications should be renewed for categories 1 to 7 and 10 for the maximum duration validity period of five years until 21 July 2021. 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)

                     For categories other than 1 to 7 and 10, the existing exemption remains valid as per the validity periods set out in the second subparagraph of Article 5(2) of Directive 2011/65/EU. For reasons of clarity, the dates of expiry should be added in Annex III to that Directive.

                     (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 29 February 2020 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 1 March 2020.
               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, 16 November 2018.

                  For the Commission

                  The President

               Jean-Claude JUNCKER

            (1)  OJ L 174, 1.7.2011, p. 88.

            (2)  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) and establishing a European Chemicals Agency (OJ L 396, 30.12.2006, p. 1).

            ANNEX
            In Annex III to Directive 2011/65/EU, entry 8(b) is replaced by the following:

                           ‘8(b)

                           Cadmium and its compounds in electrical contacts

                           Applies to categories 8, 9 and 11 and expires on:

                                       —

                                       21 July 2021 for categories 8 and 9 other than in vitro diagnostic medical devices and industrial monitoring and control instruments;

                                       —

                                       21 July 2023 for category 8 in vitro diagnostic medical devices;

                                       —

                                       21 July 2024 for category 9 industrial monitoring and control instruments, and for category 11.

                           8(b)-I

                           Cadmium and its compounds in electrical contacts used in:

                                       —

                                       circuit breakers,

                                       —

                                       thermal sensing controls,

                                       —

                                       thermal motor protectors (excluding hermetic thermal motor protectors),

                                       —

                                       AC switches rated at:

                                                   —

                                                   6 A and more at 250 V AC and more, or

                                                   —

                                                   12 A and more at 125 V AC and more,

                                       —

                                       DC switches rated at 20 A and more at 18 V DC and more, and

                                       —

                                       switches for use at voltage supply frequency ≥ 200 Hz.

                           Applies to categories 1 to 7 and 10 and expires on 21 July 2021.’


title: Commission Delegated Directive (EU) 2019/175 of 16 November 2018 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 lead oxide in seal frit used for making window assemblies for certain laser tubes (Text with EEA relevance.)

text:
                  5.2.2019

                  EN

                  Official Journal of the European Union

                  L 33/23

         COMMISSION DELEGATED DIRECTIVE (EU) 2019/175
         of 16 November 2018
         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 lead oxide in seal frit used for making window assemblies for certain laser tubes
         (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 (1) and in particular Article 5(1)(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 certain hazardous substances listed in Annex II to that Directive. That requirement does not apply to the applications listed in Annex III to Directive 2011/65/EU.

                     (2)

                     The different categories of electrical and electronic equipment for which Directive 2011/65/EU applies (categories 1 to 11) are listed in Annex I to that Directive.

                     (3)

                     Lead is a restricted substance listed in Annex II to Directive 2011/65/EU. The use of lead oxide in seal frit used for making window assemblies for Argon and Krypton laser tubes was, however, exempted from the restriction and is currently listed in entry 32 of Annex III to that Directive. The expiry date of that exemption was, for categories 1 to 7 and 10, 21 July 2016.

                     (4)

                     The Commission received an application for renewal of that exemption before 21 January 2015, in accordance with Article 5(5) of Directive 2011/65/EU. The exemption remains valid until a decision on that application has been adopted.

                     (5)

                     Lead-containing laser products are used as coherent light sources in a broad range of critical scientific and industrial applications, such as spectroscopy, microscopy and holography. Lead oxide-based material in Argon and Krypton laser products provides a critical thermo-mechanically stable and vacuum-tight seal between the optics and laser tube.

                     (6)

                     A substitution or elimination of lead is still scientifically and technically impracticable for Argon and Krypton laser tubes due to the lack of reliable substitutes. The exemption does not weaken the environmental and health protection afforded by Regulation (EC) No 1907/2006 of the European Parliament and of the Council (2). The exemption for the use of lead oxide in seal frit used for making window assemblies for Argon and Krypton laser tubes should therefore be renewed for categories 1 to 7 and 10.

                     (7)

                     Since, for the applications concerned, no reliable alternatives are available today or are likely to be available on the market in the near future, the exemption for categories 1 to 7 and 10 should be renewed for the maximum duration of five years until 21 July 2021. 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.

                     (8)

                     For categories other than 1 to 7 and 10, the existing exemption remains valid as per the validity periods set out in the second subparagraph of Article 5(2) of Directive 2011/65/EU. For reasons of clarity, the dates of expiry should be added in Annex III to that Directive.

                     (9)

                     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 29 February 2020 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 1 March 2020.
               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, 16 November 2018.

                  For the Commission

                  The President

               Jean-Claude JUNCKER

            (1)  OJ L 174, 1.7.2011, p. 88.

            (2)  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) and establishing a European Chemicals Agency (OJ L 396, 30.12.2006, p. 1).

            ANNEX
            In Annex III, entry 32 is replaced by the following:

                           ‘32

                           Lead oxide in seal frit used for making window assemblies for Argon and Krypton laser tubes

                           Expires on:

                                       —

                                       21 July 2021 for categories 1-7 and 10,

                                       —

                                       21 July 2021 for categories 8 and 9 other than in vitro diagnostic medical devices and industrial monitoring and control instruments,

                                       —

                                       21 July 2023 for category 8 in vitro diagnostic medical devices,

                                       —

                                       21 July 2024 for category 9 industrial monitoring and control instruments, and for category 11.’