title: COMMISSION IMPLEMENTING DIRECTIVE (EU) …/… amending Directive 2009/119/EC as regards the methods for calculating stockholding obligations

text:
               COMMISSION IMPLEMENTING DIRECTIVE (EU) …/…

               of 19.10.2018

                amending Directive 2009/119/EC as regards the methods for calculating stockholding obligations

               THE EUROPEAN COMMISSION,

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

               Having regard to Council Directive 2009/119/EC of 14 September 2009, imposing an obligation on Member States to maintain minimum stocks of crude oil and/or petroleum products
                  1
               , and in particular Article 3(4) thereof,

               Whereas:

               (1)In accordance with Article 22 of Directive 2009/119/EC the Commission carried out  a review of its functioning and implementation ("mid-term evaluation"), which highlighted the need to introduce a number of  technical changes to the Directive, in order to  facilitate its implementation.
                  2

               (2)Postponing the start of the new yearly stockholding obligation under Directive 2009/119/EC by three months should give Member States additional time to complete the internal administrative procedures and facilitate compliance within the deadline and, possibly, at lower costs.

               (3)Regulation (EC) No 1099/2008 of the European Parliament and of the Council
                  3
                is a reference point for the definition of “oil stocks” and for identifying the different petroleum products that are relevant for calculating the stockholding obligation, the level of emergency and specific stocks held and for reporting purposes.  Regulation (EC) No 1099/2008 has been modified several times. As a result references to specific provisions of Regulation (EC) No 1099/2008 in Directive 2009/119/EC have  become outdated and need to be adapted so that they refer to the appropriate provisions of that Regulation .

               (4)The application of two different formulas for calculating the quantities of naphtha that are not relevant for calculating the stockholding obligation, depending on whether the naphtha yield over the previous year was smaller or greater than 7%, has led in practice to fluctuations in the stockholding obligations for some Member States which may cause a substantial financial burden and lack of compliance, without being justified by the Directive’s objectives. Removing the 7% threshold and giving the same options to all Member States should eliminate inequalities and unjustified fluctuations.

               (5)In accordance with the Joint Political Declaration of 28 September 2011 of Member States and the Commission on explanatory documents
                  4
               , Member States have undertaken to accompany, in justified cases, the notification of their transposition measures with one or more documents explaining the relationship between the components of a directive and the corresponding parts of national transposition instruments.

               (6)The measures provided for in this Directive are in accordance with the opinion of the Committee set up under Article 23 of Directive 2009/119/EC,

               HAS ADOPTED THIS DIRECTIVE:

               Article 1

               Directive 2009/119/EC is amended as follows:

               (1) In Article 2, point (i) is replaced by the following:

               "(i) ‘oil stocks’ means stocks of the energy products listed in Chapter 3.4 of Annex A  to Regulation (EC) No 1099/2008”;

               (2) In Article 3, paragraph (3) is replaced by the following:

               "3. However, notwithstanding paragraph 2, the daily averages of net imports and inland consumption, as referred to in that paragraph, shall be determined, as regards the period from 1 January to 30 June of each calendar year, on the basis of the quantities imported or consumed during the last year but one before the calendar year in question. ";

               (3) In Article 6, the second sentence of paragraph (1) is replaced by the following:

               "That register shall contain, in particular, information needed to pinpoint the depot, refinery or storage facility where the stocks in question are located, as well as the quantities involved, the owner of the stocks and their nature, with reference to the categories identified  in Chapter 3.4 of Annex A to Regulation (EC) No 1099/2008.";

               (4) In Article 9, the first sentence of paragraph (2) is replaced by the following:

               " 2. Specific stocks can only be composed of one or more of the following product categories, as defined in Chapter 3.4 of Annex A to Regulation (EC) No 1099/2008:";

               (5) In Article 9, the third sub-paragraph of paragraph (3) is replaced by the following:

               "The crude oil equivalents referred to in the first and second subparagraphs are calculated by multiplying by a factor of 1,2 the sum of the aggregate ‘observed gross inland deliveries’, as defined in Section 3.2.2.11. of Annex C to Regulation (EC) No 1099/2008, for the products included in the categories used or concerned. International marine bunkers are not included in the calculation";

               (6) In Annex II, the second sub-paragraph is replaced by the following:

               "Inland consumption is the sum of the aggregate ‘observed gross inland deliveries’, as defined in Section 3.2.2.11. of Annex C to Regulation (EC) No 1099/2008, of the following products only: motor gasoline, aviation gasoline, gasoline-type jet fuel (naphtha-type jet fuel or JP4), kerosene-type jet fuel, other kerosene, gas/diesel oil (distillate fuel oil) and fuel oil (high sulphur content and low sulphur content) as defined in Chapter 3.4 of Annex A to Regulation (EC) No 1099/2008. ";

               (7) In Annex III, point (a) of the sixth sub-paragraph is replaced by the following:

               "(a) include all other stocks of the petroleum products identified in Chapter 3.4 of Annex A to Regulation (EC) No 1099/2008 and calculate the crude oil equivalent by multiplying the quantities by a factor of 1,065; or ".

               (8) Annex I is replaced by the text in the Annex to this  Directive.

               Article 2

               1.Member States shall adopt and publish, by [one year after adoption] 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 1st January 2020.

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

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

               Article 3

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

               Article 4

               This Directive is addressed to the Member States.

               Done at Brussels, 19.10.2018

                     For the Commission

                     The President
                     Jean-Claude JUNCKER

                     (1)

                        OJ L 265, of 09.10.2009, p. 9

                     (2)

                        Commission Staff Working Document, Mid-term evaluation of Council Directive 2009/119/EC imposing an obligation on Member States to maintain minimum stocks of crude oil and/or petroleum products (SWD(2017) 439 final)

                     (3)

                        Regulation (EC) No 1099/2008 of the European Parliament and of the Council of 22 October 2008 on energy statistics (OJ L 304, 14.11.2008, p. 1).

                     (4)

                        OJ C 369, 17.12.2011, p. 14.

    ---documentbreak---

               “ANNEX I

               METHOD FOR CALCULATING THE CRUDE OIL EQUIVALENT OF IMPORTS OF PETROLEUM PRODUCTS

               Member States shall calculate the crude oil equivalent of imports of petroleum products, as referred to in Article 3, using the following method.

               (1) The sum of net imports of crude oil, natural gas liquids (NGL), refinery feedstocks and other hydrocarbons, as defined in Annex A, Chapter 3.4. of Regulation (EC) No 1099/2008
                  1
               , shall be calculated and adjusted to take account of any stock changes. From the resulting figure, one of the following figures shall be deducted for naphtha yield:

               - 4%;

               - the average naphtha yield;

               - the net actual naphtha consumption.

               (2) The sum of the net imports of all other petroleum products, as defined in Annex A, Chapter 3.4. of Regulation (EC) No 1099/2008, excluding naphtha, shall be calculated and adjusted to take account of stock changes and shall be multiplied by a factor of 1,065.

               The sum of the figures resulting from (1) and (2) represents the crude oil equivalent.

               International marine bunkers shall not be included in the calculation.”

                     (1)

                        As modified by Commission Regulation (EU) 2017/2010 of 9 November 2017.


title: COMMISSION IMPLEMENTING DIRECTIVE (EU) …/… amending Commission Directive 93/49/EEC as regards requirements to be fulfilled by the propagating material of certain genera or species of Palmae in respect of Rhynchophorus ferrugineus (Olivier)

text:
               COMMISSION IMPLEMENTING DIRECTIVE (EU) …/…

               of 21.3.2018

               amending Commission Directive 93/49/EEC as regards requirements to be fulfilled by the propagating material of certain genera or species of Palmae in respect of Rhynchophorus ferrugineus (Olivier)

               THE EUROPEAN COMMISSION,

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

               Having regard to Council Directive 98/56/EC of 20 July 1998 on the marketing of propagating material of ornamental plants
                  1
               , and in particular Article 5(5) thereof,

               Whereas:

               (1)Rhynchophorus ferrugineus (Olivier) has been found in most of the endangered Union territories and it has been concluded that this harmful organism is now known to occur in a substantial part of Union territory. Commission Decision 2007/365/EC
                  2
                on emergency measures in respect of Rhynchophorus ferrugineus (Olivier) has therefore been repealed by Decision (EU) C(2018)1607
                  3
                [Office of Publications, please indicate number of Decision repealing Decision 2007/365/EC on emergency measures to prevent the introduction and the spread within the Community of Rhynchophorus ferrugineus (Olivier)…].

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

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

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

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

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

               HAS ADOPTED THIS DIRECTIVE:

               Article 1
               Amendment of Commission Directive 93/49/EEC

               Commission Directive 93/49/EEC is amended as follows:

               (1)The following Article 3a is added:

               ‘Article 3a

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

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

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

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

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

               Article 2
               Transposition

               (1)Member States shall adopt and publish, by 30 September 2018 at the latest, the laws, regulations and administrative provisions necessary to comply with this Directive. They shall forthwith communicate to the Commission the text of those provisions and a correlation table between those provisions and this Directive.

               They shall apply those provisions from 1 October 2018.

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

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

               Article 3
               Entry into force

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

               Article 4
               Addressees

               This Directive is addressed to the Member States.

               Done at Brussels, 21.3.2018

                     For the Commission

                     The President
                     Jean-Claude JUNCKER

                     (1)

                        OJ L 226, 13.8.1998, p. 16.

                     (2)

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

                     (3)

                        [Office of Publications, please indicate title and reference to Decision repealing Decision 2007/365/EC on emergency measures to prevent the introduction and the spread within the Community of Rhynchophorus ferrugineus (Olivier)…].

    ---documentbreak---

               ANNEX

               In the Annex, the following entry is inserted after the entry 'Narcissus L.' in the table:

                        Genus or species

                        Specific harmful organisms and diseases

                        '−
                              Palmae, as regards the following genera and species

                        −
                              Areca catechu L.

                        −
                              Syagrus romanzoffiana (Cham.) Glassman

                        −
                              Arenga pinnata (Wurmb) Merr.

                        −
                              Bismarckia Hildebr. & H.Wendl.

                        −
                              Borassus flabellifer L.

                        −
                              Brahea armata S. Watson

                        −
                              Brahea edulis H.Wendl.

                        −
                              Butia capitata (Mart.) Becc.

                        −
                              Calamus merrillii Becc.

                        −
                              Caryota maxima Blume

                        −
                              Caryota cumingii Lodd. ex Mart.

                        −
                              Chamaerops humilis L.

                        −
                              Cocos nucifera L.

                        −
                              Corypha utan Lam.

                        −
                              Copernicia Mart.

                        −
                              Elaeis guineensis Jacq.

                        −
                              Howea forsteriana Becc.

                        −
                              Jubaea chilensis (Molina) Baill.

                        −
                              Livistona australis C. Martius

                        −
                              Livistona decora (W. Bull) Dowe

                        −
                              Livistona rotundifolia (Lam.) Mart.

                        −
                              Metroxylon sagu Rottb.

                        −
                              Roystonea regia (Kunth) O.F. Cook

                        −
                              Phoenix canariensis Chabaud

                        −
                              Phoenix dactylifera L.

                        −
                              Phoenix reclinata Jacq.

                        −
                              Phoenix roebelenii O'Brien

                        −
                              Phoenix sylvestris (L.) Roxb.

                        −
                              Phoenix theophrasti Greuter

                        −
                              Pritchardia Seem. & H.Wendl.

                        −
                              Ravenea rivularis Jum. & H.Perrier

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

                        −
                              Trachycarpus fortunei (Hook.) H. Wendl.

                        −
                              Washingtonia H. Wendl.

                        Insects, mites and nematodes at all stages of their development

                        −
                              Rhynchophorus ferrugineus (Olivier)'


title: COMMISSION DELEGATED DIRECTIVE (EU) .../… amending, for the purposes of adapting to scientific and technical progress, Annex III to Directive 2011/65/EU of the European Parliament and of the Council as regards an exemption for lead in PZT based dielectric ceramic materials for certain capacitors

text:
               EXPLANATORY MEMORANDUM

               1.CONTEXT OF THE DELEGATED ACT

               This Commission Delegated Directive amends, for the purpose of adapting to technical progress, Annex III of Directive 2011/65/EU of the European Parliament and of the Council on the restriction of the use of certain hazardous substances in electrical and electronic equipment (recast)
                  1
                (RoHS 2) as regards an exemption for specific applications containing lead.

               RoHS 2 restricts the use of certain hazardous substances in electrical and electronic equipment, as provided for in its Article 4. It entered into force on 21 July 2011.

               The restricted substances are listed in Annex II to RoHS 2. While the restrictions of lead, mercury, cadmium, hexavalent chromium, polybrominated biphenyls, and polybrominated diphenyl ethers are in force to date, the restrictions of bis(2ethylhexyl) phthalate (DEHP), butyl benzyl phthalate (BBP), dibutyl phthalate (DBP), diisobutyl phthalate (DIBP) shall apply from 22 July 2019 or later. Annexes III and IV to RoHS 2 list the materials and components of electrical and electronic equipment (EEE) for specific applications exempted from the substance restriction of RoHS 2 Article 4(1).

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

               Furthermore, Article 5(1) provides that the European Commission (the Commission) shall include materials and components of EEE for specific applications in the lists in Annexes III and IV by means of individual delegated acts in accordance with Article 20. Article 5(3) and Annex V establish the procedure for submitting applications for granting, renewing, or revoking an exemption.

               2.CONSULTATIONS PRIOR TO THE ADOPTION OF THE ACT

               Since the publication of RoHS 2, the Commission has received numerous
                  3
                requests from economic operators, according to the provisions in Article 5(3) and Annex V, for both granting new and renewing existing exemptions.

               The current Annex III exemption 7(c)-IV permits the use of lead in dielectric ceramic in PZT based dielectric ceramic materials for capacitors which are part of integrated circuits or discrete semiconductors. The Commission received one application for renewal of this exemption in January 2015. While exemption 7(c)-IV had 21 July 2016 as expiration date, in line with the requirements of the RoHS Directive (Article 5(5), second subparagraph), it continues to apply until a decision on the renewal application is taken by the Commission.

               With a view to evaluating the application for exemption, the Commission launched a study to carry out the required technical and scientific assessment, including an eightweek online openended stakeholder consultation
                  4
                on the application. One contribution was made to the stakeholder consultation.

               The final report containing the assessment of the application was published
                  5
               ; stakeholders were notified.

               Subsequently, the Commission consulted the Member States expert group for delegated acts under RoHS 2 in written form as agreed during a previous meeting
                  6
               . The experts agreed with the draft presented by the Commission, with a large majority of silent members. In accordance with the Better Regulation Guidelines, the draft Delegated Directive was published on the Better Regulation Portal for a four-week public feedback period. Three comments were received; with two comments supporting the draft act and one addressing the issue of separate expiry dates for categories 8, 9 and 11 pursuant to Article 5(2). The comment was taken into account and the draft Delegated Directive correspondingly amended for reasons of legal clarity. All necessary steps relating to exemptions from the substance restriction pursuant to Articles 5(3) to 5(7) have been performed
                  7
               . The Council and the European Parliament were notified of all activities.

               The final report highlighted in particular the following technical information and assessment:

               ·Ceramic capacitors constitute a part of integrated circuits or discrete semiconductors and use dielectric ceramic materials based on PZT (lead-zirconium-titanate) ceramics.

               ·Lead containing PZT ceramics offer high piezoelectric effect, high dielectric constant, pyroelectric behaviour and ferroelectric properties. Currently, a complete substitution or elimination of lead is still scientifically and technically impracticable.

               The evaluation results for category 1 to 7 and 10 show that at least one of the relevant criteria specified in Article 5(1)(a) is met by the exemption request relating to entry 7(c)-IV in Annex III. Since for the applications concerned, no reliable alternatives are available today or are likely to come on the market soon, a renewal of the exemption with a validity period until 21 July 2021 is justified; as reliable substitutes are not yet available, no negative socioeconomic impacts of substitution are to be anticipated for this period. The granted validity period is also not expected to have adverse impacts on innovation, while a shorter period could generate unnecessary administrative burden for industry.

               For categories other than categories 1 to 7 and 10, the existing exemption remains as per the validity periods set out in Article 5(2). The specific exemption does not weaken the environmental and health protection afforded by Regulation (EC) No 1907/2006 (REACH), in accordance with Article 5 of Directive 2011/65/EU.

               3.LEGAL ELEMENTS OF THE DELEGATED ACT

               The Delegated Directive grants an exemption from the restrictions in Article 4(1), to be listed in Annex III of Directive 2011/65/EU, for the use of lead in specific applications.

               The instrument is a Delegated Directive, as provided for by Directive 2011/65/EU, and in particular meeting the relevant requirements of Article 5(1)(a) thereof.

               The objective of the Delegated Directive is to contribute to the protection of human health and the environment and approximate the provisions for the functioning of the internal market in the field of electrical and electronic equipment, by allowing the use of otherwise banned substances for specific applications, in line with the provisions and under the conditions of RoHS 2 and the therein established procedure for the adaptation of the Annexes III and IV to scientific and technical progress.

               In accordance with the principle of proportionality, the measure does not go beyond what is necessary to achieve its objective.

               The proposal has no implications for the EU budget.

               COMMISSION DELEGATED DIRECTIVE (EU) .../…

               of 16.11.2018

               amending, for the purposes of adapting to scientific and technical progress, Annex III to Directive 2011/65/EU of the European Parliament and of the Council as regards an exemption for lead in PZT based dielectric ceramic materials for certain capacitors

               (Text with EEA relevance)

               THE EUROPEAN COMMISSION,

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

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

               Whereas:

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

               (2)
                     The different categories of electrical and electronic equipment for which Directive 2011/65/EU applies (categories 1 to 11) are listed in Annex I to that Directive.

               (3)
                     Lead is a restricted substance listed in Annex II to Directive 2011/65/EU. The use of lead in PZT based dielectric ceramic materials for capacitors which are part of integrated circuits or discrete semiconductors was, however, exempted from the restriction and is currently listed in entry 7(c)-IV of Annex III to that Directive. The expiry date of that exemption was 21 July 2016.

               (4)
                     The Commission received an application for renewal of that exemption before 21 January 2015, in accordance with Article 5(5) of Directive 2011/65/EU. The exemption remains valid until a decision on that application has been adopted.

               (5)
                     Ceramic capacitors which are part of integrated circuits or discrete semiconductors use dielectric ceramic materials based on PZT (lead-zirconium-titanate) ceramics. Lead containing PZT ceramics offer high piezoelectric effect, high dielectric constant, pyroelectric behaviour and ferroelectric properties.

               (6)
                     A complete substitution or elimination of lead in such capacitors is still scientifically and technically impracticable due to the lack of reliable substitutes. The exemption does not weaken the environmental and health protection afforded by Regulation (EC) No 1907/2006 of the European Parliament and of the Council
                  9
               . The exemption for the use of lead in PZT based dielectric ceramic materials for capacitors which are part of integrated circuits or discrete semiconductors should therefore be renewed.

               (7)
                     Since, for the applications concerned, no reliable alternatives are available today or are likely to be available on the market in the near future, the exemption for categories 1 to 7 and 10 should be renewed for the maximum duration of five years until 21 July 2021. In view of the results of the ongoing efforts to find a reliable substitution, the duration of the exemption is unlikely to have adverse impacts on innovation.

               (8)
                     For categories other than 1 to 7 and 10, the existing exemption remains valid as per the validity periods set out in the second subparagraph of Article 5(2) of Directive 2011/65/EU. For reasons of clarity, the dates of expiry should be added in Annex III to that Directive.

               (9)
                     Directive 2011/65/EU should therefore be amended accordingly,

               HAS ADOPTED THIS DIRECTIVE:

               Article 1

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

               Article 2

               1.Member States shall adopt and publish, by [the last day of the 12th month after the date of entry into force of this Directive] at the latest, the laws, regulations and administrative provisions necessary to comply with this Directive. They shall forthwith communicate to the Commission the text of those provisions.

               They shall apply those provisions from [the last day of the 12th month after the date of entry into force of this Directive + 1 day].

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

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

               Article 3

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

               Article 4

               This Directive is addressed to the Member States.

               Done at Brussels, 16.11.2018

                     For the Commission

                     The President
                     Jean-Claude JUNCKER

                     (1)

                        OJ L 174, 1.7.2011, p. 88.

                     (2)

                        OJ L 396, 30.12.2006, p. 1

                     (3)

                        The list is given at:
                  http://ec.europa.eu/environment/waste/rohs_eee/adaptation_en.htm

                     (4)

                  Consultation period
                  : from 21.08.2015 to 16.10.2015

                     (5)

                     https://bookshop.europa.eu/en/assistance-to-the-commission-on-technological-socio-economic-and-cost-benefit-assessment-related-to-exemptions-from-the-substance-restrictions-in-electrical-and-electronic-equipment-pbKH0416554/

                     (6)

                        The consultations were carried out in written form from 27 April until 18 May 2017.

                     (7)

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

                     (8)

                        OJ L 174, 1.7.2011, p. 88.

                     (9)

                        Regulation (EC) No 1907/2006 of the European Parliament and of the Council of 18 December 2006 concerning the Registration, Evaluation, Authorisation and Restriction of Chemicals (REACH) and establishing a European Chemicals Agency (OJ L 396, 30.12.2006, p. 1).

    ---documentbreak---

               ANNEX

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

                        "7(c)-IV

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

                        Expires on:

                        –21 July 2021 for categories 1-7 and 10;

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

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

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


title: COMMISSION DELEGATED DIRECTIVE (EU) .../… amending, for the purposes of adapting to scientific and technical progress, Annex III to Directive 2011/65/EU of the European Parliament and of the Council as regards an exemption for lead as an alloying element in copper

text:
               EXPLANATORY MEMORANDUM

               1.CONTEXT OF THE DELEGATED ACT

               This Commission Delegated Directive amends, for the purpose of adapting to technical progress, Annex III of Directive 2011/65/EU of the European Parliament and of the Council on the restriction of the use of certain hazardous substances in electrical and electronic equipment (recast)
                  1
                (RoHS 2) as regards an exemption for specific applications containing lead.

               RoHS 2 restricts the use of certain hazardous substances in electrical and electronic equipment, as provided for in its Article 4. It entered into force on 21 July 2011.

               The restricted substances are listed in Annex II to RoHS 2. While the restrictions of lead, mercury, cadmium, hexavalent chromium, polybrominated biphenyls, and polybrominated diphenyl ethers are in force to date, the restrictions of bis(2ethylhexyl) phthalate (DEHP), butyl benzyl phthalate (BBP), dibutyl phthalate (DBP), diisobutyl phthalate (DIBP) shall apply from 22 July 2019 or later. Annexes III and IV to RoHS 2 list the materials and components of electrical and electronic equipment (EEE) for specific applications exempted from the substance restriction of RoHS 2 Article 4(1).

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

               Furthermore, Article 5(1) provides that the European Commission (the Commission) shall include materials and components of EEE for specific applications in the lists in Annexes III and IV by means of individual delegated acts in accordance with Article 20. Article 5(3) and Annex V establish the procedure for submitting applications for granting, renewing, or revoking an exemption.

               2.CONSULTATIONS PRIOR TO THE ADOPTION OF THE ACT

               Since the publication of RoHS 2, the Commission has received numerous
                  3
                requests from economic operators, according to the provisions in Article 5(3) and Annex V, for both granting new and renewing existing exemptions.

               The current Annex III exemption 6(c) permits the use of lead as an alloying element in copper containing up to 4% lead by weight. The Commission received six applications for renewal of this exemption in November and December 2014 and January 2015. While exemption 6(c) had 21 July 2016 as expiration date for categories 1 to 7 and 10
                  4
               , in line with the requirements of the RoHS Directive (Article 5(5), second subparagraph), it continues to apply until a decision on the renewal application is taken by the Commission.

               With a view to evaluating the application for exemption, the Commission launched a study to carry out the required technical and scientific assessment, including an eightweek online openended stakeholder consultation
                  5
                on the application. Twelve contributions were made to the stakeholder consultation.

               The final report containing the assessment of the application was published
                  6
               ; stakeholders were notified.

               Subsequently, the Commission consulted the Member States expert group for delegated acts under RoHS 2 during an expert meeting on 15 December 2016, which also involved presentations from the applicants and stakeholders most concerned. The experts agreed with the draft presented by the Commission, with a large majority of absent or silent members. In accordance with the Better Regulation Guidelines, the draft Delegated Directive was published on the Better Regulation Portal for a four-week public feedback period. Three comments were received, with two supporting the draft act and third submitting additional information. All necessary steps relating to exemptions from the substance restriction pursuant to Articles 5(3) to 5(7) have been performed. Due to the large amount of simultaneous exemption requests and connected administrative requirements, the Commission decision procedure followed alternative deadlines as per Article 5(5). The Council and the European Parliament were notified of all activities.

               The final report highlighted in particular the following technical information and assessment:

               Lead is embedded as tiny nodules in the matrix of copper alloys. It thereby acts as chip breaker and lubricant. It gives copper alloys a favourable machinability, and also provides properties to the finished component, e.g. electrical conductivity, slide functionality for parts with closely fit sliding surfaces and corrosion resistance.

               There are lead-free substitutes available for some applications. However, the use of alternatives currently requires adaptations in the machining process and thus has restrictions limiting its applicability to other applications. Current research suggests that the machinability challenges of lead-free alternatives can be overcome in the future at least for some applications.

               Thus, alternatives to copper alloys containing lead up to 4% by weight cannot be identified as scientifically or technically practicable. Additional research effort would be necessary to narrow the scope of the exemption to more specific applications.

               The evaluation results for categories 1 to 7 and 10 show that at least one of the relevant criteria specified in Article 5(1)(a) is met by the exemption request relating to entry 6(c) in Annex III. It is proposed to grant the exemption in the current wording for the duration of five years after the former expiry date to allow performing a comprehensive survey of the supply chain in order to narrow the scope of the exemption at the time of the next review. As reliable substitutes are not yet available, no negative socioeconomic impacts of substitution are to be anticipated for the stated exemption period. It is also not expected to have adverse impacts on innovation.

               For categories other than categories 1 to 7 and 10, the existing exemption remains as per the validity periods set out in Article 5(2). The specific exemption does not weaken the environmental and health protection afforded by Regulation (EC) No 1907/2006 (REACH), in accordance with Article 5 of Directive 2011/65/EU.

               3.LEGAL ELEMENTS OF THE DELEGATED ACT

               The Delegated Directive grants an exemption from the restrictions in Article 4(1), to be listed in Annex III of Directive 2011/65/EU, for the use of lead in specific applications.

               The instrument is a delegated directive, as provided for by Directive 2011/65/EU, and in particular meeting the relevant requirements of Article 5(1)(a) thereof.

               The objective of the Delegated Directive is to contribute to the protection of human health and the environment and approximate the provisions for the functioning of the internal market in the field of electrical and electronic equipment, by allowing the use of otherwise banned substances for specific applications, in line with the provisions and under the conditions of RoHS 2 and the therein established procedure for the adaptation of the Annexes III and IV to scientific and technical progress.

               In accordance with the principle of proportionality, the measure does not go beyond what is necessary to achieve its objective.

               The proposal has no implications for the EU budget.

               COMMISSION DELEGATED DIRECTIVE (EU) .../…

               of 1.3.2018

               amending, for the purposes of adapting to scientific and technical progress, Annex III to Directive 2011/65/EU of the European Parliament and of the Council as regards an exemption for lead as an alloying element in copper

               (Text with EEA relevance)

               THE EUROPEAN COMMISSION,

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

               Having regard to Directive 2011/65/EU of the European Parliament and of the Council of 8 June 2011 on the restriction of the use of certain hazardous substances in electrical and electronic equipment
                  7
                and in particular Article 5(1)(a) thereof,

               Whereas:

               (1)
                     Directive 2011/65/EU requires Member States to ensure that electrical and electronic equipment placed on the market does not contain lead.

               (2)
                     Point 6(c) of Annex III to Directive 2011/65/EU exempted the use of lead as an alloying element in copper containing up to 4 % lead by weight until 21 July 2016. The Commission received an application for renewal of this exemption in relation to categories 1 to 7 and 10 before 21 January 2015, in accordance with Article 5(5) of Directive 2011/65/EU.

               (3)
                     Lead in copper alloys acts as chip breaker and lubricant, gives copper alloys a favourable machinability, and provides the finished component also with other properties, such as corrosion resistance.

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

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

               (6)
                     Directive 2011/65/EU should therefore be amended accordingly,

               HAS ADOPTED THIS DIRECTIVE:

               Article 1

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

               Article 2

               1.Member States shall adopt and publish, by [the last day of the 12th month after the date of entry into force of this directive] at the latest, the laws, regulations and administrative provisions necessary to comply with this Directive. They shall forthwith communicate to the Commission the text of those provisions.

               They shall apply those provisions from [the last day of the 12th month after the date of entry into force of this directive + 1 day].

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

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

               Article 3

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

               Article 4

               This Directive is addressed to the Member States.

               Done at Brussels, 1.3.2018

                     For the Commission

                     The President
                     Jean-Claude JUNCKER

                     (1)

                        OJ L 174, 1.7.2011, p. 88.

                     (2)

                        OJ L 396, 30.12.2006, p. 1.

                     (3)

                        The list is given at:
                  http://ec.europa.eu/environment/waste/rohs_eee/adaptation_en.htm
                  .

                     (4)

                        These categories are namely: 1. Large household appliances; 2. Small household appliances; 3. IT and telecommunications equipment; 4. Consumer equipment; 5. Lighting equipment; 6. Electrical and electronic tools; 7. Toys, leisure and sports equipment; 10. Automatic dispensers. EEE categories are listed in Annex I to the RoHS Directive.

                     (5)

                  Consultation period
                  : from 21.08.2015 to 16.10.2015.

                     (6)

                        https://bookshop.europa.eu/en/assistance-to-the-commission-on-technological-socio-economic-and-cost-benefit-assessment-related-to-exemptions-from-the-substance-restrictions-in-electrical-and-electronic-equipment-pbKH0416554/.

                     (7)

                        OJ L 174, 1.7.2011, p. 88.

    ---documentbreak---

               ANNEX

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

                        "6(c)

                        Copper alloy containing up to 4 % lead by weight

                        Expires on:

                        21 July 2021 for categories 1-7 and 10;

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

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

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


title: COMMISSION DELEGATED DIRECTIVE (EU) .../… amending, for the purposes of adapting to scientific and technical progress, Annex III to Directive 2011/65/EU of the European Parliament and of the Council as regards an exemption for lead in the plating layer of certain diodes

text:
               EXPLANATORY MEMORANDUM

               1.CONTEXT OF THE DELEGATED ACT

               This Commission Delegated Directive amends, for the purpose of adapting to technical progress, Annex III of Directive 2011/65/EU of the European Parliament and of the Council on the restriction of the use of certain hazardous substances in electrical and electronic equipment (recast)
                  1
                (RoHS 2) as regards an exemption for specific applications containing lead.

               RoHS 2 restricts the use of certain hazardous substances in electrical and electronic equipment, as provided for in its Article 4. It entered into force on 21 July 2011.

               The restricted substances are listed in Annex II to RoHS 2. While the restrictions of lead, mercury, cadmium, hexavalent chromium, polybrominated biphenyls, and polybrominated diphenyl ethers are in force to date, the restrictions of bis(2ethylhexyl) phthalate (DEHP), butyl benzyl phthalate (BBP), dibutyl phthalate (DBP), diisobutyl phthalate (DIBP) shall apply from 22 July 2019 or later. Annexes III and IV to RoHS 2 list the materials and components of electrical and electronic equipment (EEE) for specific applications exempted from the substance restriction of RoHS 2 Article 4(1).

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

               Furthermore, Article 5(1) provides that the European Commission (the Commission) shall include materials and components of EEE for specific applications in the lists in Annexes III and IV by means of individual delegated acts in accordance with Article 20. Article 5(3) and Annex V establish the procedure for submitting applications for granting, renewing, or revoking an exemption.

               2.CONSULTATIONS PRIOR TO THE ADOPTION OF THE ACT

               Since the publication of RoHS 2, the Commission has received numerous
                  3
                requests from economic operators, according to the provisions in Article 5(3) and Annex V, for both granting new and renewing existing exemptions.

               The current Annex III exemption 37 permits the use of lead in the plating layer of high voltage diodes on the basis of a zinc borate glass body. The Commission received two applications for renewal of this exemption in January 2015. While exemption 37 had 21 July 2016 as expiration date for categories 1 to 7 and 10
                  4
               , in line with the requirements of the RoHS Directive (Article 5(5), second subparagraph), it continues to apply until a decision on the renewal application is taken by the Commission.

               With a view to evaluating the application for exemption, the Commission launched a study to carry out the required technical and scientific assessment, including an eightweek online openended stakeholder consultation
                  5
                on the application. One contribution was made to the stakeholder consultation.

               The final report containing the assessment of the application was published
                  6
               ; stakeholders were notified.

               Subsequently, the Commission consulted the Member States expert group for delegated acts under RoHS 2 in written form as agreed during a previous meeting
                  7
               . The experts agreed with the draft presented by the Commission, with a large majority of silent members. In accordance with the Better Regulation Guidelines, the draft Delegated Directive was published on the Better Regulation Portal for a four-week public feedback period. Three comments were received, all supporting the draft act. All necessary steps relating to exemptions from the substance restriction pursuant to Articles 5(3) to 5(7) have been performed
                  8
               . The Council and the European Parliament were notified of all activities.

               The final report highlighted in particular the following technical information and assessment:

               ·High voltage diodes (HVD) can be built up to breakdown voltages of several kilovolts which cannot be achieved using conventional diode packages. Furthermore, the specific design of the diodes provides hermetical sealing of the chip. The diodes are used in external power supplies of IT and telecommunication equipment and for automotive applications.

               ·During the manufacturing process of these diodes, lead contained in the glass beads dissolves into the plating solution, which results in around 2.5 % of lead content in the plating layer. Thus, the lead is not added intentionally but is the result of the contamination from the lead-containing glass.

               ·Currently, avoiding the contamination of the plating layer of HVD is scientifically and technically impracticable.

               The evaluation results for categories 1 to 7 and 10 show that at least one of the relevant criteria specified in Article 5(1)(a) is met by the exemption request relating to entry 37 in Annex III. Since for the applications concerned, the avoidance of lead contamination is still impracticable, a renewal of the exemption with a validity period until 21 July 2021 is justified; as reliable substitutes are not yet available, no negative socioeconomic impacts of substitution are to be anticipated for this period. The granted validity period is also not expected to have adverse impacts on innovation. For categories other than categories 1 to 7 and 10, the existing exemption remains as per the validity periods set out in Article 5(2). The specific exemption does not weaken the environmental and health protection afforded by Regulation (EC) No 1907/2006 (REACH), in accordance with Article 5 of Directive 2011/65/EU.

               3.LEGAL ELEMENTS OF THE DELEGATED ACT

               The Delegated Directive grants an exemption from the restrictions in Article 4(1), to be listed in Annex III of Directive 2011/65/EU, for the use of lead in specific applications.

               The instrument is a Delegated Directive, as provided for by Directive 2011/65/EU, and in particular meeting the relevant requirements of Article 5(1)(a) thereof.

               The objective of the Delegated Directive is to contribute to the protection of human health and the environment and approximate the provisions for the functioning of the internal market in the field of electrical and electronic equipment, by allowing the use of otherwise banned substances for specific applications, in line with the provisions and under the conditions of RoHS 2 and the therein established procedure for the adaptation of the Annexes III and IV to scientific and technical progress.

               In accordance with the principle of proportionality, the measure does not go beyond what is necessary to achieve its objective.

               The proposal has no implications for the EU budget.

               COMMISSION DELEGATED DIRECTIVE (EU) .../…

               of 16.11.2018

               amending, for the purposes of adapting to scientific and technical progress, Annex III to Directive 2011/65/EU of the European Parliament and of the Council as regards an exemption for lead in the plating layer of certain diodes

               (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
                  9
                and in particular Article 5(1)(a) thereof,

               Whereas:

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

               (2)
                     The different categories of electrical and electronic equipment for which Directive 2011/65/EU applies (categories 1 to 11) are listed in Annex I to that Directive.

               (3)
                     Lead is a restricted substance listed in Annex II to Directive 2011/65/EU. The use of lead in the plating layer of high voltage diodes on the basis of a zinc borate glass body was, however, exempted from the restriction and is currently listed in entry 37 of Annex III to that Directive. The expiry date of that exemption was, for categories 1 to 7 and 10, 21 July 2016.

               (4)
                     The Commission received an application for renewal of that exemption before 21 January 2015, in accordance with Article 5(5) of Directive 2011/65/EU. The exemption remains valid until a decision on that application has been adopted.

               (5)
                     High voltage diodes (HVD) are used in external power supplies of IT and telecommunication equipment and for automotive applications. During the manufacturing process of HVD, lead contained in the glass beads dissolves into the plating solution, which results in approximately 2,5 % of lead content in the plating layer of the diodes. Thus, the lead is not added intentionally but is the result of the contamination from the lead-containing glass.

               (6)
                     Avoiding the contamination of the plating layer of HVD is scientifically and technically impracticable and no reliable substitutes are available on the market. The exemption does not weaken the environmental and health protection afforded by Regulation (EC) No 1907/2006 of the European Parliament and of the Council
                  10
               . The exemption for the use of lead in the plating layer of high voltage diodes on the basis of a zinc borate glass body should therefore be renewed for categories 1 to 7 and 10.

               (7)
                     Since eliminating lead by avoiding lead contamination for the applications concerned is still impracticable and no reliable substitutes are available on the market, the exemption for categories 1 to 7 and 10 should be renewed for the maximum duration of five years until 21 July 2021. In view of the results of the ongoing efforts to find a reliable substitution, the duration of the exemption is unlikely to have adverse impacts on innovation.

               (8)
                     For categories other than 1 to 7 and 10, the existing exemption remains valid as per the validity periods set out in the second subparagraph of Article 5(2) of Directive 2011/65/EU. For reasons of clarity, the dates of expiry should be added in Annex III to that Directive.

               (9)
                     Directive 2011/65/EU should therefore be amended accordingly,

               HAS ADOPTED THIS DIRECTIVE:

               Article 1

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

               Article 2

               1.Member States shall adopt and publish, by [the last day of the 12th month after the date of entry into force of this Directive] at the latest, the laws, regulations and administrative provisions necessary to comply with this Directive. They shall forthwith communicate to the Commission the text of those provisions.

               They shall apply those provisions from [the last day of the 12th month after the date of entry into force of this Directive + 1 day].

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

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

               Article 3

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

               Article 4

               This Directive is addressed to the Member States.

               Done at Brussels, 16.11.2018

                     For the Commission

                     The President
                     Jean-Claude JUNCKER

                     (1)

                        OJ L 174, 1.7.2011, p. 88.

                     (2)

                        OJ L 396, 30.12.2006, p. 1

                     (3)

                        The list is given at:
                  http://ec.europa.eu/environment/waste/rohs_eee/adaptation_en.htm

                     (4)

                        These categories are namely: 1. Large household appliances; 2. Small household appliances; 3. IT and telecommunications equipment; 4. Consumer equipment; 5. Lighting equipment; 6. Electrical and electronic tools; 7. Toys, leisure and sports equipment; 10. Automatic dispensers. EEE categories are listed in Annex I to the RoHS Directive.

                     (5)

                  Consultation period
                  : from 21.08.2015 to 16.10.2015

                     (6)

                     https://bookshop.europa.eu/en/assistance-to-the-commission-on-technological-socio-economic-and-cost-benefit-assessment-related-to-exemptions-from-the-substance-restrictions-in-electrical-and-electronic-equipment-pbKH0416554/

                     (7)

                        The consultations were carried out in written form from 27 April until 18 May 2017.

                     (8)

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

                     (9)

                        OJ L 174, 1.7.2011, p. 88.

                     (10)

                        Regulation (EC) No 1907/2006 of the European Parliament and of the Council of 18 December 2006 concerning the Registration, Evaluation, Authorisation and Restriction of Chemicals (REACH) and establishing a European Chemicals Agency (OJ L 396, 30.12.2006, p. 1).

    ---documentbreak---

               ANNEX

               In Annex III, entry 37 is replaced by the following:

                        "37

                        Lead in the plating layer of high voltage diodes on the basis of a zinc borate glass body

                        Expires on:

                        -21 July 2021 for categories 1-7 and 10;

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

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

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


title: COMMISSION DELEGATED DIRECTIVE (EU) .../… amending, for the purposes of adapting to scientific and technical progress, Annex III to Directive 2011/65/EU of the European Parliament and of the Council as regards an exemption for cadmium and its compounds in electrical contacts

text:
               EXPLANATORY MEMORANDUM

               1.CONTEXT OF THE DELEGATED ACT

               This Commission Delegated Directive amends, for the purpose of adapting to technical progress, Annex III of Directive 2011/65/EU of the European Parliament and of the Council on the restriction of the use of certain hazardous substances in electrical and electronic equipment (recast)
                  1
                (RoHS 2) as regards an exemption for specific applications containing cadmium.

               RoHS 2 restricts the use of certain hazardous substances in electrical and electronic equipment, as provided for in its Article 4. It entered into force on 21 July 2011.

               The restricted substances are listed in Annex II to RoHS 2. While the restrictions of lead, mercury, cadmium, hexavalent chromium, polybrominated biphenyls, and polybrominated diphenyl ethers are in force to date, the restrictions of bis(2ethylhexyl) phthalate (DEHP), butyl benzyl phthalate (BBP), dibutyl phthalate (DBP), diisobutyl phthalate (DIBP) shall apply from 22 July 2019 or later. Annexes III and IV to RoHS 2 list the materials and components of electrical and electronic equipment (EEE) for specific applications exempted from the substance restriction of RoHS 2 Article 4(1).

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

               Furthermore, Article 5(1) provides that the European Commission (the Commission) shall include materials and components of EEE for specific applications in the lists in Annexes III and IV by means of individual delegated acts in accordance with Article 20. Article 5(3) and Annex V establish the procedure for submitting applications for granting, renewing, or revoking an exemption.

               2.CONSULTATIONS PRIOR TO THE ADOPTION OF THE ACT

               Since the publication of RoHS 2, the Commission has received numerous
                  3
                requests from economic operators, according to the provisions in Article 5(3) and Annex V, for both granting new and renewing existing exemptions.

               The current Annex III exemption 8(b) permits the use of cadmium and its compounds in electrical contacts. The Commission received two applications for renewal of this exemption in January 2015. While exemption 8(b) had 21 July 2016 as expiration date for categories 1 to 7 and 10
                  4
               , in line with the requirements of the RoHS Directive (Article 5(5), second subparagraph), it continues to apply until a decision on the renewal application is taken by the Commission.

               With a view to evaluating the application for exemption, the Commission launched a study to carry out the required technical and scientific assessment, including an eightweek online openended stakeholder consultation
                  5
                on the application. Three contributions were made to the stakeholder consultation.

               The final report containing the assessment of the application was published
                  6
               ; stakeholders were notified.

               Subsequently, the Commission consulted the Member States expert group for delegated acts under RoHS 2 in written form as agreed during a previous meeting
                  7
               . The experts agreed with the draft presented by the Commission, with a large majority of silent members. In accordance with the Better Regulation Guidelines, the draft Delegated Directive was published on the Better Regulation Portal for a four-week public feedback period. Three comments were received, all supporting the act and one proposing a prolongation of the transition period to 18 months. All necessary steps relating to exemptions from the substance restriction pursuant to Articles 5(3) to 5(7) have been performed
                  8
               . The Council and the European Parliament were notified of all activities.

               The final report highlighted in particular the following technical information and assessment:

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

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

               ·Currently, substitution or elimination of cadmium is still scientifically and technically impracticable in several types of devices with electrical contacts, or more time is required to ensure the reliability of the substitutes.

               The evaluation results for categories 1 to 7 and 10 show that at least one of the relevant criteria specified in Article 5(1)(a) is met by the exemption request relating to entry 8(b) in Annex III. Since reliable alternatives are still not available for certain applications or more time is needed to ensure their reliability, the exemption is renewed until 21 July 2021 with amended wording which reflects the current status of alternative technologies, adding subentry 8(b)-I to point 8(b). Where reliable alternatives are already available, only negligible socioeconomic impacts of substitution are to be anticipated for this period as gradual substitution with cadmium free alternatives is already underway. The granted validity period is also not expected to have adverse impacts on innovation. For categories other than categories 1 to 7 and 10, the existing exemption remains as per the validity periods set out in Article 5(2). The specific exemption does not weaken the environmental and health protection afforded by Regulation (EC) No 1907/2006 (REACH), in accordance with Article 5 of Directive 2011/65/EU.

               3.LEGAL ELEMENTS OF THE DELEGATED ACT

               The Delegated Directive grants an exemption from the restrictions in Article 4(1), to be listed in Annex III of Directive 2011/65/EU, for the use of cadmium in specific applications.

               The instrument is a Delegated Directive, as provided for by Directive 2011/65/EU, and in particular meeting the relevant requirements of Article 5(1)(a) thereof.

               The objective of the Delegated Directive is to contribute to the protection of human health and the environment and approximate the provisions for the functioning of the internal market in the field of electrical and electronic equipment, by allowing the use of otherwise banned substances for specific applications, in line with the provisions and under the conditions of RoHS 2 and the therein established procedure for the adaptation of the Annexes III and IV to scientific and technical progress.

               In accordance with the principle of proportionality, the measure does not go beyond what is necessary to achieve its objective.

               The proposal has no implications for the EU budget.

               COMMISSION DELEGATED DIRECTIVE (EU) .../…

               of 16.11.2018

               amending, for the purposes of adapting to scientific and technical progress, Annex III to Directive 2011/65/EU of the European Parliament and of the Council as regards an exemption for cadmium and its compounds in electrical contacts

               (Text with EEA relevance)

               THE EUROPEAN COMMISSION,

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

               Having regard to Directive 2011/65/EU of the European Parliament and of the Council of 8 June 2011 on the restriction of the use of certain hazardous substances in electrical and electronic equipment
                  9
                and in particular Article 5(1)(a) thereof,

               Whereas:

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

               (2)
                     The different categories of electrical and electronic equipment for which Directive 2011/65/EU applies (categories 1 to 11) are listed in Annex I to that Directive.

               (3)
                     Cadmium is a restricted substance listed in Annex II to Directive 2011/65/EU. The use of cadmium and its compounds in electrical contacts was, however, exempted from the restriction and is currently listed in entry 8(b) of Annex III to that Directive. The expiry date of that exemption was, for categories 1 to 7 and 10, 21 July 2016.

               (4)
                     The Commission received an application for renewal of that exemption before 21 January 2015, in accordance with Article 5(5) of Directive 2011/65/EU. The exemption remains valid until a decision on that application has been adopted.

               (5)
                     Electrical contact materials containing cadmium are used in many electromechanical devices as components which can carry current intermittently through contact surfaces. Devices concerned are in particular power switching of electric motors, relays and contactors, switches for power tools, appliance switches, circuit breakers for switching equipment, power packs, occupancy/time delay sensors, and lighting control panels.

               (6)
                     Cadmium in electrical contacts provides essential properties such as superior performance, arc-quenching, higher conductivity, less contact erosion and relatively easy manufacture compared to the alternatives.

               (7)
                     For certain applications covered by the current exemption, a substitution or elimination of cadmium is still scientifically and technically impracticable due to the lack of reliable substitutes or requires more time to ensure the reliability of the available substitutes. The exemption does not weaken the environmental and health protection afforded by Regulation (EC) No 1907/2006 of the European Parliament and of the Council
                  10
               . It should therefore be renewed for those particular applications.

               (8)
                     For all other applications currently covered by the exemption, the conditions for renewal are not fulfilled. The exemption for those applications should continue to apply for 12 months after the date of entry into force of this Delegated Directive in accordance with Article 5(6) of Directive 2011/65/EU.

               (9)
                     Since, for the applications concerned by that renewal, no reliable alternatives are available on the market or more time is needed to ensure the reliability of such alternatives, the exemption for those applications should be renewed for categories 1 to 7 and 10 for the maximum duration validity period of five years until 21 July 2021. In view of the results of the ongoing efforts to find a reliable substitution, the duration of the exemption is unlikely to have adverse impacts on innovation.

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

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

               HAS ADOPTED THIS DIRECTIVE:

               Article 1

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

               Article 2

               1.Member States shall adopt and publish, by [the last day of the 12th month after the date of entry into force of this Directive] at the latest, the laws, regulations and administrative provisions necessary to comply with this Directive. They shall forthwith communicate to the Commission the text of those provisions.

               They shall apply those provisions from [the last day of the 12th month after the date of entry into force of this Directive + 1 day].

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

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

               Article 3

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

               Article 4

               This Directive is addressed to the Member States.

               Done at Brussels, 16.11.2018

                     For the Commission

                     The President
                     Jean-Claude JUNCKER

                     (1)

                        OJ L 174, 1.7.2011, p. 88.

                     (2)

                        OJ L 396, 30.12.2006, p. 1.

                     (3)

                        The list is given at:
                  http://ec.europa.eu/environment/waste/rohs_eee/adaptation_en.htm

                     (4)

                        These categories are namely: 1. Large household appliances; 2. Small household appliances; 3. IT and telecommunications equipment; 4. Consumer equipment; 5. Lighting equipment; 6. Electrical and electronic tools; 7. Toys, leisure and sports equipment; 10. Automatic dispensers. EEE categories are listed in Annex I to the RoHS Directive.

                     (5)

                  Consultation period
                  : from 21.08.2015 to 16.10.2015.

                     (6)

                     https://bookshop.europa.eu/en/assistance-to-the-commission-on-technological-socio-economic-and-cost-benefit-assessment-related-to-exemptions-from-the-substance-restrictions-in-electrical-and-electronic-equipment-pbKH0416554/
                      .

                     (7)

                        The consultations were carried out in written form from 27 April until 18 May 2017.

                     (8)

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

                     (9)

                        OJ L 174, 1.7.2011, p. 88.

                     (10)

                        Regulation (EC) No 1907/2006 of the European Parliament and of the Council of 18 December 2006 concerning the Registration, Evaluation, Authorisation and Restriction of Chemicals (REACH) and establishing a European Chemicals Agency (OJ L 396, 30.12.2006, p. 1).

    ---documentbreak---

               ANNEX

               In Annex III, entry 8(b) is replaced by the following:

                        "8(b)

                        Cadmium and its compounds in electrical contacts

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

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

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

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

                        8(b)-I

                        Cadmium and its compounds in electrical contacts used in:

                        -circuit breakers;

                        -thermal sensing controls;

                        -thermal motor protectors (excluding hermetic thermal motor protectors);

                        -AC switches rated at:

                        ·6 A and more at 250 V AC and more; or

                        ·12 A and more at 125 V AC and more;

                        -DC switches rated at 20 A and more at 18 V DC and more; and

                        -switches for use at voltage supply frequency ≥ 200 Hz.

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