title: Commission Implementing Directive (EU) 2021/2171 of 7 December 2021 amending Council Directive 66/402/EEC with regard to the seed lot and sample weights of Avena nuda (Text with EEA relevance)

text:
                  8.12.2021

                  EN

                  Official Journal of the European Union

                  L 438/84

         COMMISSION IMPLEMENTING DIRECTIVE (EU) 2021/2171
         of 7 December 2021
         amending Council Directive 66/402/EEC with regard to the seed lot and sample weights of Avena nuda

         (Text with EEA relevance)
         THE EUROPEAN COMMISSION,
         Having regard to the Treaty on the Functioning of the European Union,
         Having regard to Council Directive 66/402/EEC of 14 June 1966 on the marketing of cereal seed (1), and in particular Article 21a thereof,
         Whereas:

                     (1)

                     Commission Implementing Directive (EU) 2021/415 (2) amended Directive 66/402/EEC and due to a clerical error deleted the name of species Avena nuda from the entry in the third row of the first column of the table in Annex III to Directive 66/402/EEC. As a result, the maximum weight of a seed lot and the minimum weight of a seed sample of the species Avena nuda are no longer regulated. Therefore, the deleted name of species Avena nuda should be reinstated.

                     (2)

                     Directive 66/402/EEC should therefore be amended accordingly.

                     (3)

                     For reasons of legal certainty, the transposition date set out in this Directive should match the transposition date set out in Implementing Directive (EU) 2021/415.

                     (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
            Amendment to Directive 66/402/EEC
            In Annex III to Directive 66/402/EEC, the entry in the third row of the first column of the table is replaced by the following:

               ‘Avena nuda, Avena sativa, Avena strigosa, Hordeum vulgare, Triticum aestivum subsp. aestivum, Triticum turgidum subsp. durum, Triticum aestivum subsp. spelta, Secale cereale, xTriticosecale’.

            Article 2
            Transposition

               1.   Member States shall adopt and publish, by 31 January 2022 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 February 2022.
               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, 7 December 2021.

                  For the Commission

                  The President

               Ursula VON DER LEYEN

            (1)  OJ 125, 11.7.1966, p. 2309.

            (2)  Commission Implementing Directive (EU) 2021/415 of 8 March 2021 amending Council Directives 66/401/EEC and 66/402/EEC in order to adapt to the evolution of scientific and technical knowledge, taxonomic groups and names of certain species of seeds and weeds (OJ L 81, 9.3.2021, p. 65).


title: Commission Delegated Directive (EU) 2022/274 of 13 December 2021 amending, for the purposes of adapting to scientific and technical progress, Annex III to Directive 2011/65/EU of the European Parliament and of the Council as regards an exemption for the use of mercury in cold cathode fluorescent lamps and external electrode fluorescent lamps for special purposes (Text with EEA relevance)

text:
                  24.2.2022

                  EN

                  Official Journal of the European Union

                  L 43/25

         COMMISSION DELEGATED DIRECTIVE (EU) 2022/274
         of 13 December 2021
         amending, for the purposes of adapting to scientific and technical progress, Annex III to Directive 2011/65/EU of the European Parliament and of the Council as regards an exemption for the use of mercury in cold cathode fluorescent lamps and external electrode fluorescent lamps for special purposes
         (Text with EEA relevance)
         THE EUROPEAN COMMISSION,
         Having regard to the Treaty on the Functioning of the European Union,
         Having regard to Directive 2011/65/EU of the European Parliament and of the Council of 8 June 2011 on the restriction of the use of certain hazardous substances in electrical and electronic equipment (1), and in particular Article 5(1), point (a), thereof,
         Whereas:

                     (1)

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

                     (2)

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

                     (3)

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

                     (4)

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

                     (5)

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

                     (6)

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

                     (7)

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

                     (8)

                     The exemption is consistent with Regulation (EC) No 1907/2006 of the European Parliament and of the Council (3) and thus does not weaken the environmental and health protection afforded by it.

                     (9)

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

                     (10)

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

                     (11)

                     Directive 2011/65/EU should therefore be amended accordingly,

               HAS ADOPTED THIS DIRECTIVE:

            Article 1
            Annex III to Directive 2011/65/EU is amended as set out in the Annex to this Directive.

            Article 2

               1.   Member States shall adopt and publish, by 30 September 2022 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 October 2022.
               When Member States adopt those provisions, they shall contain a reference to this Directive or be accompanied by such a reference on the occasion of their official publication. Member States shall determine how such reference is to be made.

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

            Article 3
            This Directive shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.

            Article 4
            This Directive is addressed to the Member States.

            Done at Brussels, 13 December 2021.

                  For the Commission

                  The President

               Ursula VON DER LEYEN

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

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

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

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

                           Exemption

                           Scope and dates of applicability

                           ‘3

                           Mercury in cold cathode fluorescent lamps and external electrode fluorescent lamps (CCFL and EEFL) for special purposes used in EEE placed on the market before 24 February 2022 not exceeding (per lamp):

                           3(a)

                           Short length (≤ 500 mm): 3,5 mg

                           Expires on 24 February 2025

                           3(b)

                           Medium length (> 500 mm and ≤ 1 500  mm): 5 mg

                           Expires on 24 February 2025

                           3(c)

                           Long length (> 1 500  mm): 13 mg

                           Expires on 24 February 2025’


title: Commission Delegated Directive (EU) 2022/275 of 13 December 2021 amending, for the purposes of adapting to scientific and technical progress, Annex III to Directive 2011/65/EU of the European Parliament and of the Council as regards an exemption for the use of mercury in other High Pressure Sodium (vapour) lamps for general lighting purposes (Text with EEA relevance)

text:
                  24.2.2022

                  EN

                  Official Journal of the European Union

                  L 43/29

         COMMISSION DELEGATED DIRECTIVE (EU) 2022/275
         of 13 December 2021
         amending, for the purposes of adapting to scientific and technical progress, Annex III to Directive 2011/65/EU of the European Parliament and of the Council as regards an exemption for the use of mercury in other High Pressure Sodium (vapour) lamps for general lighting purposes
         (Text with EEA relevance)
         THE EUROPEAN COMMISSION,
         Having regard to the Treaty on the Functioning of the European Union,
         Having regard to Directive 2011/65/EU of the European Parliament and of the Council of 8 June 2011 on the restriction of the use of certain hazardous substances in electrical and electronic equipment (1), and in particular Article 5(1), point (a), thereof,
         Whereas:

                     (1)

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

                     (2)

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

                     (3)

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

                     (4)

                     By Decision 2010/571/EU (2), the Commission granted, among other things, an exemption for the use of mercury in other High Pressure Sodium (vapour) lamps for general lighting purposes (‘the exemption’), which is now listed as exemption 4(c)-I, 4(c)-II and 4(c)-III in Annex III to Directive2011/65/EU. The exemption was to expire on 21 July 2016, in accordance with Article 5(2), second subparagraph, point (a), of that Directive.

                     (5)

                     Mercury is used in High Pressure Sodium (vapour) lamps for light colour and colour rendering properties.

                     (6)

                     On 15 January 2015, the Commission received an application for renewal of the exemption (‘the renewal application’), that is within the time limit laid down in Article 5(5) of Directive 2011/65/EU, which was updated with additional information on 20 January 2020. In accordance with Article 5(5) of Directive 2011/65/EU, the exemption remains valid until a decision on the renewal application has been taken.

                     (7)

                     The evaluation of the renewal application, which took into account the availability of substitutes and the socioeconomic impact of substitution, concluded that the substitution or elimination of mercury in the applications concerned is currently technically impracticable. The evaluation also concluded that the content of mercury allowed in those specific applications should be reduced to correspond to the changes in the market for the specific lamps types. The evaluation included stakeholder consultations in accordance with Article 5(7) of Directive 2011/65/EU. The comments received during those consultations were made publicly available on a dedicated website.

                     (8)

                     The exemption is consistent with Regulation (EC) No 1907/2006 of the European Parliament and of the Council (3) and thus does not weaken the environmental and health protection afforded by it.

                     (9)

                     It is therefore appropriate to grant the renewal of the exemption as concerns entries 4(c)-I, 4(c)-II and 4(c)-III in Annex III to Directive 2011/65/EU for a maximum period of five years, as no reliable substitutes are currently available, in accordance with Article 5(2), first subparagraph, of that Directive. In view of the results of the ongoing efforts to find a reliable substitution, the duration of the exemption is unlikely to have adverse impacts on innovation.

                     (10)

                     Directive 2011/65/EU should therefore be amended accordingly,

               HAS ADOPTED THIS DIRECTIVE:

            Article 1
            Annex III to Directive 2011/65/EU is amended as set out in the Annex to this Directive.

            Article 2

               1.   Member States shall adopt and publish, by 30 September 2022 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 October 2022.
               When Member States adopt those provisions, they shall contain a reference to this Directive or be accompanied by such a reference on the occasion of their official publication. Member States shall determine how such reference is to be made.

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

            Article 3
            This Directive shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.

            Article 4
            This Directive is addressed to the Member States.

            Done at Brussels, 13 December 2021.

                  For the Commission

                  The President

               Ursula VON DER LEYEN

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

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

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

            ANNEX
            In Annex III to Directive 2011/65/EU, entries 4(c), 4(c)-I, 4(c)-II and 4(c)-III are replaced by the following:

                           Exemption

                           Scope and dates of applicability

                           ‘4(c)

                           Mercury in other High Pressure Sodium (vapour) lamps for general lighting purposes not exceeding (per burner):

                           4(c)-I

                           P ≤ 155 W: 20 mg

                           Expires on 24 February 2027

                           4(c)-II

                           155 W < P ≤ 405 W: 25 mg

                           Expires on 24 February 2027

                           4(c)-III

                           P > 405 W: 25 mg

                           Expires on 24 February 2027’


title: Commission Delegated Directive (EU) 2022/276 of 13 December 2021 amending, for the purpose of adapting to technical and scientific progress, Annex III to Directive 2011/65/EU of the European Parliament and of the Council as regards an exemption for the use of mercury in single capped (compact) fluorescent lamps for general lighting purposes (Text with EEA relevance)

text:
                  24.2.2022

                  EN

                  Official Journal of the European Union

                  L 43/32

         COMMISSION DELEGATED DIRECTIVE (EU) 2022/276
         of 13 December 2021
         amending, for the purpose of adapting to technical and scientific progress, Annex III to Directive 2011/65/EU of the European Parliament and of the Council as regards an exemption for the use of mercury in single capped (compact) fluorescent lamps for general lighting purposes
         (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), point (b) thereof,
         Whereas:

                     (1)

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

                     (2)

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

                     (3)

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

                     (4)

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

                     (5)

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

                     (6)

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

                     (7)

                     The evaluation of the renewal applications, which took into account the availability of substitutes and the socioeconomic impact of substitution, concluded that sufficiently reliable mercury-free substitutes for the lamp types covered by the exemption are already widely available and that the substitution of mercury in these lamps is scientifically and technically practicable. Furthermore, that evaluation concluded that the benefits of substitution will clearly outweigh any negative impact.

                     (8)

                     The evaluation of the renewal applications included stakeholder consultations in accordance with Article 5(7) of Directive 2011/65/EU. The comments received during those consultations were made publicly available on a dedicated website.

                     (9)

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

                     (10)

                     An expiry date for the exemption should be set in accordance with Article 5(6) of that Directive. The earliest possible date of 12 months from the Commission decision to revoke the exemption should be set given that there are no practical circumstances that would justify a longer expiry time, in particular considering that many of the lamps in question are also covered by Commission Regulation (EU) 2019/2020 which sets minimum energy efficiency requirements to be respected in order for the products to be placed on the market, which will imply that those lamps will not de facto be placed on the market from 1 September 2021.

                     (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 30 September 2022 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 October 2022.
               When Member States adopt those provisions, they shall contain a reference to this Directive or be accompanied by such a reference on the occasion of their official publication. Member States shall determine how such reference is to be made.

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

            Article 3
            This Directive shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.

            Article 4
            This Directive is addressed to the Member States.

            Done at Brussels, 13 December 2021.

                  For the Commission

                  The President

               Ursula VON DER LEYEN

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

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

            ANNEX
            In Annex III to Directive 2011/65/EU, entries 1, 1(a), 1(b), 1(c), 1(d) and 1(e) are replaced by the following:

                           Exemption

                           Scope and dates of applicability

                           ‘1

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

                           1(a)

                           For general lighting purposes < 30 W: 2,5 mg

                           Expires on 24 February 2023

                           1(b)

                           For general lighting purposes ≥ 30 W and < 50 W: 3,5 mg

                           Expires on 24 February 2023

                           1(c)

                           For general lighting purposes ≥ 50 W and < 150 W: 5 mg

                           Expires on 24 February 2023

                           1(d)

                           For general lighting purposes ≥ 150 W: 15 mg

                           Expires on 24 February 2023

                           1(e)

                           For general lighting purposes with circular or square structural shape and tube diameter ≤ 17 mm: 5 mg

                           Expires on 24 February 2023’


title: Commission Delegated Directive (EU) 2022/277 of 13 December 2021 amending, for the purpose of adapting to technical and scientific progress, Annex III to Directive 2011/65/EU of the European Parliament and of the Council as regards an exemption for the use of mercury in single capped (compact) fluorescent lamps for general lighting purposes < 30 W with a lifetime equal to or above 20000 h (Text with EEA relevance)

text:
                  24.2.2022

                  EN

                  Official Journal of the European Union

                  L 43/35

         COMMISSION DELEGATED DIRECTIVE (EU) 2022/277
         of 13 December 2021
         amending, for the purpose of adapting to technical and scientific progress, Annex III to Directive 2011/65/EU of the European Parliament and of the Council as regards an exemption for the use of mercury in single capped (compact) fluorescent lamps for general lighting purposes < 30 W with a lifetime equal to or above 20 000 h
         (Text with EEA relevance)
         THE EUROPEAN COMMISSION,
         Having regard to the Treaty on the Functioning of the European Union,
         Having regard to Directive 2011/65/EU of the European Parliament and of the Council of 8 June 2011 on the restriction of the use of certain hazardous substances in electrical and electronic equipment (1), and in particular Article 5(1), point (b), thereof,
         Whereas:

                     (1)

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

                     (2)

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

                     (3)

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

                     (4)

                     By Delegated Directive 2014/14/EU (2), the Commission granted an exemption for the use of mercury, with a maximum content of 3,5 mg, in single capped (compact) fluorescent lamps for general lighting purposes < 30 W with a lifetime equal or above 20 000 h (‘the exemption’), which is now listed as exemption 1(g) in Annex III to Directive 2011/65/EU. The exemption was to expire on 31 December 2017, in accordance with Annex III to Directive 2014/14/EU.

                     (5)

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

                     (6)

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

                     (7)

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

                     (8)

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

                     (9)

                     An expiry date for this exemption should be set in accordance with Article 5(6) of Directive 2011/65/EU. While a small share of the lamp types (3) covered by this exemption are subject to the ecodesign criteria laid down in Annex II of Commission Regulation (EU) 2019/2020 (4), which are applicable as of 1 September 2021, and will hence not be placed on the market any longer, the vast majority of lamps covered by the current exemption are not affected by the criteria under the above-mentioned Ecodesign Regulation. Consequently, the maximum possible expiry date of 18 months following the decision should be set with regard to the entire exemption entry in order to avoid unnecessary high socio-economic costs by market participants directly linked to the substitution of the latter category.

                     (10)

                     Directive 2011/65/EU should therefore be amended accordingly,

               HAS ADOPTED THIS DIRECTIVE:

            Article 1
            Annex III to Directive 2011/65/EU is amended as set out in the Annex to this Directive.

            Article 2

               1.   Member States shall adopt and publish, by 30 September 2022 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 October 2022.
               When Member States adopt those provisions, they shall contain a reference to this Directive or be accompanied by such a reference on the occasion of their official publication. Member States shall determine how such reference is to be made.

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

            Article 3
            This Directive shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.

            Article 4
            This Directive is addressed to the Member States.

            Done at Brussels, 13 December 2021.

                  For the Commission

                  The President

               Ursula VON DER LEYEN

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

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

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

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

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

                           Exemption

                           Scope and dates of applicability

                           ‘1(g)

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

                           Expires on 24 August 2023’


title: Commission Delegated Directive (EU) 2022/278 of 13 December 2021 amending, for the purposes of adapting to scientific and technical progress, Annex III to Directive 2011/65/EU of the European Parliament and of the Council as regards an exemption for the use of mercury in metal halide lamps (Text with EEA relevance)

text:
                  24.2.2022

                  EN

                  Official Journal of the European Union

                  L 43/38

         COMMISSION DELEGATED DIRECTIVE (EU) 2022/278
         of 13 December 2021
         amending, for the purposes of adapting to scientific and technical progress, Annex III to Directive 2011/65/EU of the European Parliament and of the Council as regards an exemption for the use of mercury in metal halide lamps
         (Text with EEA relevance)
         THE EUROPEAN COMMISSION,
         Having regard to the Treaty on the Functioning of the European Union,
         Having regard to Directive 2011/65/EU of the European Parliament and of the Council of 8 June 2011 on the restriction of the use of certain hazardous substances in electrical and electronic equipment (1), and in particular Article 5(1), point (a), thereof,
         Whereas:

                     (1)

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

                     (2)

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

                     (3)

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

                     (4)

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

                     (5)

                     Mercury is used in metal halide lamps to improve the colour, efficiency, lifetime, and the stable operation of those specific lamps.

                     (6)

                     On 15 January 2015, the Commission received an application for renewal of the exemption (‘the renewal application’) that is within the time limit laid down in Article 5(5) of Directive 2011/65/EU. An updated renewal application was submitted on 20 January 2020. In accordance with Article 5(5) of that Directive, the exemption remains valid until a decision on the renewal application has been adopted.

                     (7)

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

                     (8)

                     The exemption is consistent with Regulation (EC) No 1907/2006 of the European Parliament and of the Council (3) and thus does not weaken the environmental and health protection afforded by it.

                     (9)

                     It is therefore appropriate to grant the renewal of the exemption for a maximum period of five years, in accordance with Article 5(2), first subparagraph, of Directive 2011/65/EU. In view of the results of the ongoing efforts to find a reliable substitution, the duration of the exemption is unlikely to have adverse impacts on innovation.

                     (10)

                     Directive 2011/65/EU should therefore be amended accordingly,

               HAS ADOPTED THIS DIRECTIVE:

            Article 1
            Annex III to Directive 2011/65/EU is amended as set out in the Annex to this Directive.

            Article 2

               1.   Member States shall adopt and publish, by 30 September 2022 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 October 2022.
               When Member States adopt those provisions, they shall contain a reference to this Directive or be accompanied by such a reference on the occasion of their official publication. Member States shall determine how such reference is to be made.

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

            Article 3
            This Directive shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.

            Article 4
            This Directive is addressed to the Member States.

            Done at Brussels, 13 December 2021.

                  For the Commission

                  The President

               Ursula VON DER LEYEN

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

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

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

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

                           ‘Exemption

                           Scope and dates of applicability

                           4(e)

                           Mercury in metal halide lamps (MH)

                           Expires on 24 February 2027’


title: Commission Delegated Directive (EU) 2022/279 of 13 December 2021 amending, for the purposes of adapting to scientific and technical progress, Annex III to Directive 2011/65/EU of the European Parliament and of the Council as regards an exemption for the use of mercury in other discharge lamps for special purposes (Text with EEA relevance)

text:
                  24.2.2022

                  EN

                  Official Journal of the European Union

                  L 43/41

         COMMISSION DELEGATED DIRECTIVE (EU) 2022/279
         of 13 December 2021
         amending, for the purposes of adapting to scientific and technical progress, Annex III to Directive 2011/65/EU of the European Parliament and of the Council as regards an exemption for the use of mercury in other discharge lamps for special purposes
         (Text with EEA relevance)
         THE EUROPEAN COMMISSION,
         Having regard to the Treaty on the Functioning of the European Union,
         Having regard to Directive 2011/65/EU of the European Parliament and of the Council of 8 June 2011 on the restriction of the use of certain hazardous substances in electrical and electronic equipment (1), and in particular Article 5(1), point (a), thereof,
         Whereas:

                     (1)

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

                     (2)

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

                     (3)

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

                     (4)

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

                     (5)

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

                     (6)

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

                     (7)

                     The evaluation of the renewal applications, which took into account the availability of substitutes and the socioeconomic impact of substitution, concluded that the substitution or elimination of mercury in the applications concerned by the exemption is currently technically impracticable. Given the prospects of substitution limiting the exemption in future, it is however appropriate to grant the renewal of the exemption for a period of 3 years only. The evaluation also concluded that it is possible to further define the applications that qualify for a renewal of the exemption in accordance with the criteria set out in Article 5(1), point (a), of Directive 2011/65/EU because of their specific functionality and application area, namely high pressure mercury vapour lamps used in projectors, used for horticulture lighting and emitting light in the ultraviolet spectrum. For those specific applications, the exemption should be renewed for a maximum period of 5 years. The evaluation included stakeholder consultations in accordance with Article 5(7) of Directive 2011/65/EU. The comments received during those consultations were made publicly available on a dedicated website.

                     (8)

                     The exemption is consistent with Regulation (EC) No 1907/2006 of the European Parliament and of the Council (3) and thus does not weaken the environmental and health protection afforded by it.

                     (9)

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

                     (10)

                     Directive 2011/65/EU should therefore be amended accordingly,

               HAS ADOPTED THIS DIRECTIVE:

            Article 1
            Annex III to Directive 2011/65/EU is amended as set out in the Annex to this Directive.

            Article 2

               (1)   Member States shall adopt and publish, by 30 September 2022 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 October 2022.
               When Member States adopt those provisions, they shall contain a reference to this Directive or be accompanied by such a reference on the occasion of their official publication. Member States shall determine how such reference is to be made.

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

            Article 3
            This Directive shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.

            Article 4
            This Directive is addressed to the Member States.

            Done at Brussels, 13 December 2021.

                  For the Commission

                  The President

               Ursula VON DER LEYEN

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

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

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

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

                           ‘Exemption

                              Scope and dates of applicability

                           4(f) -I

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

                           Expires on 24 February 2025

                           4(f) -II

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

                           Expires on 24 February 2027

                           4(f) -III

                           Mercury in high pressure sodium vapour lamps used for horticulture lighting

                           Expires on 24 February 2027

                           4(f) -IV

                           Mercury in lamps emitting light in the ultraviolet spectrum

                           Expires on 24 February 2027’


title: Commission Delegated Directive (EU) 2022/280 of 13 December 2021 amending, for the purposes of adapting to scientific and technical progress, Annex III to Directive 2011/65/EU of the European Parliament and of the Council as regards an exemption for the use of mercury in other low pressure discharge lamps (Text with EEA relevance)

text:
                  24.2.2022

                  EN

                  Official Journal of the European Union

                  L 43/44

         COMMISSION DELEGATED DIRECTIVE (EU) 2022/280
         of 13 December 2021
         amending, for the purposes of adapting to scientific and technical progress, Annex III to Directive 2011/65/EU of the European Parliament and of the Council as regards an exemption for the use of mercury in other low pressure discharge lamps
         (Text with EEA relevance)
         THE EUROPEAN COMMISSION,
         Having regard to the Treaty on the Functioning of the European Union,
         Having regard to Directive 2011/65/EU of the European Parliament and of the Council of 8 June 2011 on the restriction of the use of certain hazardous substances in electrical and electronic equipment (1), and in particular Article 5(1), point (a), thereof,
         Whereas:

                     (1)

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

                     (2)

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

                     (3)

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

                     (4)

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

                     (5)

                     Mercury is used in low pressure discharge lamps to produce ultraviolet light used for ultraviolet germicidal or bacterial disinfection and/or purification of air, water and surfaces.

                     (6)

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

                     (7)

                     The evaluation of the renewal application, which took into account the availability of substitutes and the socioeconomic impact of substitution, concluded that the elimination of mercury in the applications concerned or its substitution by a substance of comparable performance is currently technically impracticable. That evaluation further concluded that the current scope of the exemption can be limited to low pressure discharge lamps that are not phosphor-coated and emit light in the ultraviolet range. The evaluation included stakeholder consultations in accordance with Article 5(7) of Directive 2011/65/EU. The comments received during these consultations were made publicly available on a dedicated website.

                     (8)

                     The exemption is consistent with Regulation (EC) No 1907/2006 of the European Parliament and of the Council (3) and thus does not weaken the environmental and health protection afforded by it.

                     (9)

                     It is therefore appropriate to grant the renewal of the exemption, with a revised wording, setting out the limited scope of the exemption, for a maximum period of 5 years, in accordance with Article 5(2), first subparagraph, of Directive 2011/65/EU. In accordance with Article 5(6) of Directive 2011/65/EU, an expiry date of 12 months should be set for the current exemption 4(a). In view of the results of the ongoing efforts to find a reliable substitution, the duration of the exemption is unlikely to have adverse impacts on innovation.

                     (10)

                     Directive 2011/65/EU should therefore be amended accordingly,

               HAS ADOPTED THIS DIRECTIVE:

            Article 1
            Annex III to Directive 2011/65/EU is amended as set out in the Annex to this Directive.

            Article 2

               1.   Member States shall adopt and publish, by 30 September 2022 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 October 2022.
               When Member States adopt those provisions, they shall contain a reference to this Directive or be accompanied by such a reference on the occasion of their official publication. Member States shall determine how such reference is to be made.

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

            Article 3
            This Directive shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.

            Article 4
            This Directive is addressed to the Member States.

            Done at Brussels, 13 December 2021.

                  For the Commission

                  The President

               Ursula VON DER LEYEN

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

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

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

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

                           Exemption

                           Scope and dates of applicability

                           ‘4(a)

                           Mercury in other low pressure discharge lamps (per lamp): 15 mg

                           Expires on 24 February 2023

                           4(a)-I

                           Mercury in low pressure non-phosphor coated discharge lamps, where the application requires the main range of the lamp-spectral output to be in the ultraviolet spectrum: up to 15 mg mercury may be used per lamp

                           Expires on 24 February 2027’


title: Commission Delegated Directive (EU) 2022/281 of 13 December 2021 amending, for the purpose of adapting to technical and scientific progress, Annex III to Directive 2011/65/EU of the European Parliament and of the Council as regards an exemption for the use of mercury in single capped (compact) fluorescent lamps for special purposes (Text with EEA relevance)

text:
                  24.2.2022

                  EN

                  Official Journal of the European Union

                  L 43/47

         COMMISSION DELEGATED DIRECTIVE (EU) 2022/281
         of 13 December 2021
         amending, for the purpose of adapting to technical and scientific progress, Annex III to Directive 2011/65/EU of the European Parliament and of the Council as regards an exemption for the use of mercury in single capped (compact) fluorescent lamps for special purposes
         (Text with EEA relevance)
         THE EUROPEAN COMMISSION,
         Having regard to the Treaty on the Functioning of the European Union,
         Having regard to Directive 2011/65/EU of the European Parliament and of the Council of 8 June 2011 on the restriction of the use of certain hazardous substances in electrical and electronic equipment (1), and in particular Article 5(1), point (a), thereof,
         Whereas:

                     (1)

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

                     (2)

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

                     (3)

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

                     (4)

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

                     (5)

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

                     (6)

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

                     (7)

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

                     (8)

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

                     (9)

                     The exemption is consistent with Regulation (EC) No 1907/2006 of the European Parliament and of the Council (3) and thus does not weaken the environmental and health protection afforded by it.

                     (10)

                     It is therefore appropriate to grant the renewal of the exemption for a maximum period of 5 years, in accordance with Article 5(2), first subparagraph, of Directive 2011/65/EU, for CFL lamps for special purposes designed to emit light in the ultraviolet spectrum, as no reliable alternatives are currently available. For all other types of CFL lamps falling into the category of CFL lamps for special purposes, the exemption should be renewed for 3 years, to allow the industry to prepare detailed information to justify the continuation of this exemption for specified special lamp categories, in line with the Directive’s aim that exemptions should be limited in their scope and duration. In view of the results of the ongoing efforts to find a reliable substitution, the duration of the exemption is unlikely to have adverse impacts on innovation.

                     (11)

                     Directive 2011/65/EU should therefore be amended accordingly,

               HAS ADOPTED THIS DIRECTIVE:

            Article 1
            Annex III to Directive 2011/65/EU is amended as set out in the Annex to this Directive.

            Article 2

               1.   Member States shall adopt and publish, by 30 September 2022 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 October 2022.
               When Member States adopt those provisions, they shall contain a reference to this Directive or be accompanied by such a reference on the occasion of their official publication. Member States shall determine how such reference is to be made.

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

            Article 3
            This Directive shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.

            Article 4
            This Directive is addressed to the Member States.

            Done at Brussels, 13 December 2021.

                  For the Commission

                  The President

               Ursula VON DER LEYEN

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

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

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

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

                           Exemption

                           Scope and dates of applicability

                           ‘1

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

                           1(f) – I

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

                           Expires on 24 February 2027

                           1(f) – II

                           For special purposes: 5 mg

                           Expires on 24 February 2025’


title: Commission Delegated Directive (EU) 2022/282 of 13 December 2021 amending, for the purpose of adapting to technical and scientific progress, Annex III to Directive 2011/65/EU of the European Parliament and of the Council as regards an exemption for the use of mercury in non-linear tri-band phosphor lamps (Text with EEA relevance)

text:
                  24.2.2022

                  EN

                  Official Journal of the European Union

                  L 43/51

         COMMISSION DELEGATED DIRECTIVE (EU) 2022/282
         of 13 December 2021
         amending, for the purpose of adapting to technical and scientific progress, Annex III to Directive 2011/65/EU of the European Parliament and of the Council as regards an exemption for the use of mercury in non-linear tri-band phosphor lamps
         (Text with EEA relevance)
         THE EUROPEAN COMMISSION,
         Having regard to the Treaty on the Functioning of the European Union,
         Having regard to Directive 2011/65/EU of the European Parliament and of the Council of 8 June 2011 on the restriction of the use of certain hazardous substances in electrical and electronic equipment (1), and in particular Article 5(1), point (a), thereof,
         Whereas:

                     (1)

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

                     (2)

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

                     (3)

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

                     (4)

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

                     (5)

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

                     (6)

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

                     (7)

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

                     (8)

                     The exemption is consistent with Regulation (EC) No 1907/2006 of the European Parliament and of the Council (3) and thus does not weaken the environmental and health protection afforded by it.

                     (9)

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

                     (10)

                     Directive 2011/65/EU should therefore be amended accordingly,

               HAS ADOPTED THIS DIRECTIVE:

            Article 1
            Annex III to Directive 2011/65/EU is amended as set out in the Annex to this Directive.

            Article 2

               1.   Member States shall adopt and publish, by 30 September 2022 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 October 2022.
               When Member States adopt those provisions, they shall contain a reference to this Directive or be accompanied by such a reference on the occasion of their official publication. Member States shall determine how such reference is to be made.

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

            Article 3
            This Directive shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.

            Article 4
            This Directive is addressed to the Member States.

            Done at Brussels, 13 December 2021.

                  For the Commission

                  The President

               Ursula VON DER LEYEN

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

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

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

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

                           Exemption

                           Scope and dates of applicability

                           ‘2(b)(3)

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

                           Expires on 24 February 2023; 10 mg may be used per lamp from 25 February 2023 until 24 February 2025’


title: Commission Delegated Directive (EU) 2022/283 of 13 December 2021 amending, for the purposes of adapting to scientific and technical progress, Annex III to Directive 2011/65/EU of the European Parliament and of the Council as regards an exemption for the use of mercury in High Pressure Sodium (vapour) lamps with improved colour rendering index for general lighting purposes (Text with EEA relevance)

text:
                  24.2.2022

                  EN

                  Official Journal of the European Union

                  L 43/54

         COMMISSION DELEGATED DIRECTIVE (EU) 2022/283
         of 13 December 2021
         amending, for the purposes of adapting to scientific and technical progress, Annex III to Directive 2011/65/EU of the European Parliament and of the Council as regards an exemption for the use of mercury in High Pressure Sodium (vapour) lamps with improved colour rendering index for general lighting purposes
         (Text with EEA relevance)
         THE EUROPEAN COMMISSION,
         Having regard to the Treaty on the Functioning of the European Union,
         Having regard to Directive 2011/65/EU of the European Parliament and of the Council of 8 June 2011 on the restriction of the use of certain hazardous substances in electrical and electronic equipment (1), and in particular Article 5(1), points (a) and (b) thereof,
         Whereas:

                     (1)

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

                     (2)

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

                     (3)

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

                     (4)

                     By Decision 2010/571/EU (2), the Commission granted, among other things, an exemption for the use of mercury in High Pressure Sodium (vapour) lamps for general lighting purposes not exceeding (per burner) in lamps with improved colour rendering index Ra > 60 (‘the exemption’), which is now listed as exemption 4(b)-I, 4(b)-II and 4(b)-III in Annex III to Directive 2011/65/EU. The exemption was to expire on 21 July 2016, in accordance with Article 5(2), second subparagraph, point (a), of that Directive.

                     (5)

                     Mercury is used in High Pressure Sodium (vapour) lamps for light colour and colour rendering properties.

                     (6)

                     In January 2015, the Commission received an application for renewal of the exemption for applications in entries 4(b)-I, 4(b)-II and 4(b)-III (‘the renewal application’), that is within the time limit laid down in Article 5(5) of Directive 2011/65/EU. In January 2020, the same applicant submitted an updated renewal application concerning entry 4(b)-I only. In accordance with Article 5(5) of Directive 2011/65/EU, the exemption remains valid until a decision on the renewal application has been taken.

                     (7)

                     The evaluation of the renewal application, which took into account the availability of substitutes and the socioeconomic impact of substitution, concluded that the substitution or elimination of mercury in the applications concerned was scientifically and technically practicable as concerns a part of entry 4(b)-I, as well as entries 4(b)-II and 4(b)-III of Annex III to Directive 2011/65/EU. The evaluation concluded nevertheless that the exemption should be renewed for the part of entry 4(b)-I which concerns lamps with a high colour rendering higher than 80, equal to or lower than 105W and that, whilst the use of mercury is still necessary, that can be further lowered. The evaluation included stakeholder consultations in accordance with Article 5(7) of Directive 2011/65/EU. The comments received during those consultations were made publicly available on a dedicated website.

                     (8)

                     It is therefore appropriate to renew part of exemption 4(b)-I, and renumber it as exemption entry 4(b), for a maximum period of 5 years in accordance with Article 5(2), first subparagraph, of Directive 2011/65/EU. This renewed exemption shall have a revised wording setting out the further limited scope of the exemption. 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)

                     The renewed exemption is consistent with Regulation (EC) No 1907/2006 of the European Parliament and of the Council (3) and thus does not weaken the environmental and health protection afforded by it.

                     (10)

                     As the conditions for the renewal of the exemption, set out in Article 5(1), point (a), of Directive 2011/65/EU, are no longer fulfilled for the applications listed in the remainder of entry 4(b)-I as well as in entries 4(b)-II and 4(b)-III of Annex III to that Directive, the exemption for those applications should be revoked. Expiry dates for those exemptions should be set in accordance with Article 5(6) of Directive 2011/65/EU.

                     (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 30 September 2022 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 October 2022.
               When Member States adopt those provisions, they shall contain a reference to this Directive or be accompanied by such a reference on the occasion of their official publication. Member States shall determine how such reference is to be made.

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

            Article 3
            This Directive shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.

            Article 4
            This Directive is addressed to the Member States.

            Done at Brussels, 13 December 2021.

                  For the Commission

                  The President

               Ursula VON DER LEYEN

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

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

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

            ANNEX
            In Annex III to Directive 2011/65/EU, entries 4(b), 4(b)-I, 4 (b)-II and 4(b)-III are replaced by the following:

                           Exemption

                           Scope and dates of applicability

                           ‘ 4(b)

                           Mercury in High Pressure Sodium (vapour) lamps for general lighting purposes not exceeding (per burner) in lamps with improved colour rendering index Ra > 80: P ≤ 105 W: 16 mg may be used per burner

                           Expires on 24 February 2027

                           4(b)-I

                           Mercury in High Pressure Sodium (vapour) lamps for general lighting purposes not exceeding (per burner) in lamps with improved colour rendering index Ra > 60: P ≤ 155 W: 30 mg may be used per burner

                           Expires on 24 February 2023

                           4(b)-II

                           Mercury in High Pressure Sodium (vapour) lamps for general lighting purposes not exceeding (per burner) in lamps with improved colour rendering index Ra > 60: 155 W < P ≤ 405 W: 40 mg may be used per burner

                           Expires on 24 February 2023

                           4(b)-III

                           Mercury in High Pressure Sodium (vapour) lamps for general lighting purposes not exceeding (per burner) in lamps with improved colour rendering index Ra > 60: P > 405 W: 40 mg may be used per burner

                           Expires on 24 February 2023’


title: Commission Delegated Directive (EU) 2022/284 of 16 December 2021 amending, for the purposes of adapting to scientific and technical progress, Annex III to Directive 2011/65/EU of the European Parliament and of the Council as regards an exemption for the use of mercury in double-capped linear fluorescent lamps for general lighting purposes (Text with EEA relevance)

text:
                  24.2.2022

                  EN

                  Official Journal of the European Union

                  L 43/57

         COMMISSION DELEGATED DIRECTIVE (EU) 2022/284
         of 16 December 2021
         amending, for the purposes of adapting to scientific and technical progress, Annex III to Directive 2011/65/EU of the European Parliament and of the Council as regards an exemption for the use of mercury in double-capped linear fluorescent lamps for general lighting purposes
         (Text with EEA relevance)
         THE EUROPEAN COMMISSION,
         Having regard to the Treaty on the Functioning of the European Union,
         Having regard to Directive 2011/65/EU of the European Parliament and of the Council of 8 June 2011 on the restriction of the use of certain hazardous substances in electrical and electronic equipment (1), and in particular Article 5(1), point (b), thereof,
         Whereas:

                     (1)

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

                     (2)

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

                     (3)

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

                     (4)

                     By Decision 2010/571/EU (2), the Commission granted, among other things, an exemption for the use of mercury in double-capped linear fluorescent lamps for general lighting purposes (‘the exemption’), which is now listed as exemption 2(a)(1), 2(a)(2), 2(a)(3), 2(a)(4) and 2(a)(5) in Annex III to Directive 2011/65/EU. The exemption was to expire on 21 July 2016, in accordance with Article 5(2), second subparagraph, point (a), of that Directive.

                     (5)

                     Mercury is used in double-capped linear fluorescent lamps for general lighting purposes to produce ultraviolet light, which is then converted into visible light by the fluorescent coating on the lamp.

                     (6)

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

                     (7)

                     The evaluation of the renewal applications, which took into account the availability of substitutes and the socioeconomic impact of substitution, concluded that sufficiently reliable mercury-free substitutes for the lamp types covered by the exemption have become available and that the substitution of mercury in these lamps is scientifically and technically practicable. Furthermore, that evaluation concluded that the benefits of substitution would clearly outweigh any negative impact.

                     (8)

                     The evaluation of the renewal applications included stakeholder consultations in accordance with Article 5(7) of Directive 2011/65/EU. The comments received during those consultations were made publicly available on a dedicated website.

                     (9)

                     As the conditions set out in Article 5(1), point (a), of Directive 2011/65/EU are no longer fulfilled, the renewal application should be rejected. Expiry dates for the exemption should be set in accordance with Article 5(6) of 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 30 September 2022 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 October 2022.
               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 December 2021.

                  For the Commission

                  The President

               Ursula VON DER LEYEN

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

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

            ANNEX
            In Annex III to Directive 2011/65/EU, entries 2(a), 2(a)(1), 2(a)(2), 2(a)(3), 2(a)(4) and 2(a)(5) are replaced by the following:

                           Exemption

                           Scope and dates of applicability

                           ‘2(a)

                           Mercury in double-capped linear fluorescent lamps for general lighting purposes not exceeding (per lamp):

                           2(a)(1)

                           Tri-band phosphor with normal lifetime and a tube diameter < 9 mm (e.g. T2): 4 mg

                           Expires on 24 February 2023

                           2(a)(2)

                           Tri-band phosphor with normal lifetime and a tube diameter ≥ 9 mm and ≤ 17 mm (e.g. T5): 3 mg

                           Expires on 24 August 2023

                           2(a)(3)

                           Tri-band phosphor with normal lifetime and a tube diameter > 17 mm and ≤ 28 mm (e.g. T8): 3,5 mg

                           Expires on 24 August 2023

                           2(a)(4)

                           Tri-band phosphor with normal lifetime and a tube diameter > 28 mm (e.g. T12): 3,5 mg

                           Expires on 24 February 2023

                           2(a)(5)

                           Tri-band phosphor with long lifetime (≥ 25 000  h): 5 mg.

                           Expires on 24 February 2023’