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

text:
               EXPLANATORY MEMORANDUM

               1.CONTEXT OF THE DELEGATED ACT

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

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

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

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

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

               2.CONSULTATIONS PRIOR TO THE ADOPTION OF THE ACT

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

               The current Annex III exemption 4(e) permits the use of mercury in metal halide lamps (MH).

               The Commission received one application to renew this exemption on 15 January 2015. The applicants in essence claimed that light-emitting diodes (LED) alternatives that are compatible with MH luminaires and provide similar performance are currently not available on the market, and that the exemption will be needed for many years as the lifetime of MH professional luminaires is 15-25 years.
                  4
                On 20 January 2020, the same applicant submitted an updated renewal application, based largely on the same argumentation. In line with the requirements of the RoHS Directive (Article 5(5), second subparagraph), the exemption remains valid until the Commission issues a decision on the renewal application.

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

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

               The supporting study highlighted that:

               ·despite multiple efforts to develop mercury-free alternatives, it can be concluded that mercury cannot currently be substituted with another substance in MH lamps;

               ·reducing the amount of mercury in MH lamps would affect the function and performance of the lamps and, probably, also their lifetime;

               ·currently, the substitution of mercury in the applications concerned is technically impracticable, hence the study recommended renewing the exemption for the maximum duration of a further five years.

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

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

               3.LEGAL ELEMENTS OF THE DELEGATED ACT

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

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

               In summary, the conditions for the exemption are fulfilled, and the exemption entry 4(e) is to be renewed. The expiry date for this exemption is set in line with Article 5(2), first subparagraph. As concluded by the evaluation, the state of development of substitutes justifies renewing the exemption for the maximum validity period of five years. The granted validity period is not expected to have an adverse impact on innovation.

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

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

               The delegated directive has no implications on the EU budget.

               COMMISSION DELEGATED DIRECTIVE (EU) .../…

               of 13.12.2021

               amending, for the 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
                  11
               , and in particular Article 5(1), point (a), thereof,

               Whereas:

               (1)Directive 2011/65/EU requires Member States to ensure that electrical and electronic equipment 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
                  12
               , 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
                  13
                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 [the last day of the sixth month after the date of entry into force of this Directive] at the latest, the laws, regulations and administrative provisions necessary to comply with this Directive. They shall forthwith communicate to the Commission the text of those provisions.

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

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

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

               Article 3

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

               Article 4

               This Directive is addressed to the Member States.

               Done at Brussels, 13.12.2021

                     For the Commission

                     The President
                     Ursula VON DER LEYEN

                     (1)

                        OJ L 174, 1.7.2011, p. 88.

                     (2)

                        OJ L 396, 30.12.2006, p. 1.

                     (3)

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

                     (4)

                  https://rohs.exemptions.oeko.info/fileadmin/user_upload/RoHS_Pack_9/Exemption_4__e_/4e_LE_RoHS_E xemption_Req_Final.pdf

                     (5)

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

                     (6)

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

                     (7)

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

                     (8)

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

                  , starting on page 92.

                     (9)

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

                     (10)

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

                     (11)

                        OJ L 174, 1.7.2011, p. 88.

                     (12)

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

                     (13)

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

    ---documentbreak---

               ANNEX

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

                        Exemption

                        Scope and dates of applicability

                        ‘4(e)

                        Mercury in metal halide lamps (MH)

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


title: COMMISSION DELEGATED DIRECTIVE (EU) .../ amending, for the purposes of adapting to scientific and technical progress, Annex III to Directive 2011/65/EU of the European Parliament and of the Council as regards an exemption for the use of mercury in High Pressure Sodium (vapour) lamps with improved colour rendering index for general lighting purposes

text:
               EXPLANATORY MEMORANDUM

               1.CONTEXT OF THE DELEGATED ACT

               This Commission Delegated Directive amends, for the purpose of adapting to technical and scientific progress, Annex III to Directive 2011/65/EU of the European Parliament and of the Council on the restriction of the use of certain hazardous substances in electrical and electronic equipment (recast)
                  1
                (the RoHS Directive). The amendment concerns an exemption for specified applications containing mercury in high pressure sodium lamps with improved colour rendering index for general lighting purposes.

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

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

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

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

               2.CONSULTATIONS PRIOR TO THE ADOPTION OF THE ACT

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

               The current Annex III exemption 4(b) entries I to III permit the use of mercury in High Pressure Sodium (HPS) (vapour) lamps for general lighting purposes not exceeding the following values (per burner) in lamps with improved colour rendering index Ra > 60:

               4(b) – I: P ≤ 155 W: 30 mg;

               4(b) – II: 155 W < P ≤ 405 W: 40 mg;

               4(b) – III: P > 405 W: 40 mg.

               The Commission received one application to renew the exemption 4(b) entries I to III in January 2015. The applicant claimed, in essence, that there were no mercury-free alternatives providing the same colour specification that could replace the lamps covered by exemption 4(b).
                  4
                In January 2020, the same applicant submitted an updated renewal application for the lamps with colour rendering >80 (not above 60 as in current exemption), below 105W (not 155W as in current exemption) and with a limited amount of mercury only 16 mg (instead of the currently allowed 30 mg). In line with the requirements of the RoHS Directive (Article 5(5), second subparagraph), an exemption remains valid until the Commission takes a decision on the renewal application.

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

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

               The evaluation studies, corroborated with the updated information on technical and scientific progress provided by the applicant in 2020, leads to the following conclusions:

               ·mercury cannot be substituted in HPS (vapour) lamps with colour rendering index >80, below 105W and with mercury limit of 16 mg which effectively means that exemption 4 (b) should be partly renewed as alternatives do not currently provide the relevant red part of the spectrum that is essential for this type of lamps;

               ·there are suitable alternatives for HPS (vapour) lamps with improved colour rendering index Ra > 60: P ≤ 155 W which effectively means that exemptions entry 4 (b) – I is partly no longer needed, while entry 4 (b) – II can be fully revoked as those lamps were being replaced by mercury-free LED lamps.

               ·entry 4(b)-III should be revoked as manufacturers no longer place these lamps on the market; hence the exemption has become obsolete.

               In conclusion, the scientific and technical assessments, including updated information provided by the applicant, detailed that the exemption criteria continue to be met with regard to the exemption for the use of mercury in HPS (vapour) lamps with colour rendering index > 80 and with a mercury limit use of 16 mg per lamp, as substitutes require further development.

               The evaluation results also showed that renewing the specific exemption would not weaken the environmental and health protection afforded by the REACH Regulation, in accordance with Article 5 of Directive 2011/65/EU.

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

               3.LEGAL ELEMENTS OF THE DELEGATED ACT

               The delegated directive partially renews and reformulates exemption entry 4(b)-I listed in Annex III to Directive 2011/65/EU 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 > 80: P ≤ 105 W: 16 mg. Given that the other entries listed under entry 4(b) are to be revoked, the part of entry 4(b)-I that is to be renewed is renumbered as entry 4(b).

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

               In light of the above, exemption entries 4(b)-II and 4(b)-III are to be revoked, and exemption 4(b)-I is to be partially revoked.

               As concluded by the evaluation, the state of development of substitutes justifies partially renewing exemption entry 4(b)-I, as reworded, which is renumbered to exemption entry 4(b), for the maximum validity period of five years. The validity period is not expected to have an adverse impact on innovation.

               For the part of entry 4 (b)-I that is to be revoked, as well as for entries 4(b)-II and 4(b)-III, the shortest expiry dates (i.e. 12 months) are appropriate in line with Article 5(6) of the RoHS Directive.

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

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

               The delegated directive has no implications on the EU budget.

               COMMISSION DELEGATED DIRECTIVE (EU) .../…

               of 13.12.2021

               amending, for the purposes of adapting to scientific and technical progress, Annex III to Directive 2011/65/EU of the European Parliament and of the Council as regards an exemption for the use of mercury in 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
                  11
               , 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
                  12
               , 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 five 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
                  13
                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 [the last day of the sixth month after the date of entry into force of this Directive] at the latest, the laws, regulations and administrative provisions necessary to comply with this Directive. They shall forthwith communicate to the Commission the text of those provisions.

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

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

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

               Article 3

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

               Article 4

               This Directive is addressed to the Member States.

               Done at Brussels, 13.12.2021

                     For the Commission

                     The President
                     Ursula VON DER LEYEN

                     (1)

                        OJ L 174, 1.7.2011, p. 88.

                     (2)

                        OJ L 396, 30.12.2006, p. 1.

                     (3)

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

                     (4)

                        https://rohs.exemptions.oeko.info/fileadmin/user_upload/RoHS_Pack_9/
                  Exemption_4_b__IIII_/4b_LE_RoHS_Exemption_Req_Final.pdf.

                     (5)

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

                     (6)

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

                     (7)

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

                     (8)

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

                  , starting on page 92.

                     (9)

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

                     (10)

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

                     (11)

                        OJ L 174, 1.7.2011, p. 88.

                     (12)

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

                     (13)

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

    ---documentbreak---

               ANNEX

               In Annex III to Directive 2011/65/EU, 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 [PO: five years after the publication of the Delegated Directive in the Official Journal]

                        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 [PO: 12 months after the publication of the Delegated Directive in the Official Journal]

                        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 [PO: 12 months after the publication of the Delegated Directive in the Official Journal]

                        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 [PO: 12 months after the publication of the Delegated Directive in the Official Journal]’


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

text:
               EXPLANATORY MEMORANDUM

               1.CONTEXT OF THE DELEGATED ACT

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

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

               Article 5 of the Directive provides for the adaptation of Annexes III and IV to scientific and technical progress, which can include granting, renewing and revoking of exemptions. Pursuant to Article 5(1)(a), exemptions are to be included in Annexes III and IV only if such inclusion does not weaken the environmental and health protection afforded by Regulation (EC) No 1907/2006 (REACH)
                  2
                and where any of the following conditions is fulfilled: (i) 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; (ii) the reliability of substitutes is not ensured; (iii) 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.

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

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

               2.CONSULTATIONS PRIOR TO THE ADOPTION OF THE ACT

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

               The current Annex III exemption 4(a) permits the use of mercury in other low pressure discharge lamps (per lamp): 15 mg.

               In December 2014 and January 2015 the Commission received two applications for the renewal of this exemption claiming in essence that there is no available light-emitting diodes (LED) or other lighting technology that use less mercury or which can be used as a substitute for these lamps
                  4
               . One of the applications was renewed with additional information in January 2020. In line with the requirements of Article 5(5) of the RoHS Directive, an exemption remains valid until the Commission takes a decision on the renewal application.

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

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

               The final reports highlighted that:

               ·the lamps covered by this exemption are not phosphor‑coated and produce mainly light in ultraviolet spectrum. They are installed in equipment for industrial, commercial and residential applications and cover uses such as ultraviolet germicidal or bacterial disinfection/purification of air/water/surfaces;

               ·in order to fulfil these purposes, the light output must be in the deep ultraviolet range. Mercury-free alternatives do not yet provide the necessary wavelength range. Therefore, substitutes with a comparable performance are currently technically impracticable;

               ·it was also concluded that first alternatives coming on the market would not cover the full product range and, at the system level, time is still needed to develop sufficient alternatives, reason for which it was recommended to renew the exemption for the maximum duration of a further five years;

               ·the current scope of the exemption can be narrowed to low‑pressure discharge lamps that are not phosphor‑coated and emit light in the ultraviolet range.

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

               In accordance with the Better Regulation Guidelines, the draft Delegated Directive was published on the Better Regulation Portal for a four-week public feedback period. During the consultation on the draft act, 15 contributions were received. The draft act was revised and clarified taking into consideration some of the points raised.

                3.LEGAL ELEMENTS OF THE DELEGATED ACT

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

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

               In summary, the conditions for renewing the exemption are fulfilled, and exemption 4(a) is to be renewed by introducing a new wording suitable to the actual scope of the exemption.

               The date by which this exemption shall expire is set in line with Article 5(2)(first subparagraph). As concluded by the evaluation, the state of development of substitutes justifies renewing the exemption for the maximum validity period of five years. The granted validity period is not expected to have adverse impacts on innovation.

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

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

               The delegated directive has no implications for the EU budget.

               COMMISSION DELEGATED DIRECTIVE (EU) .../…

               of 13.12.2021

               amending, for the purposes of adapting to scientific and technical progress, Annex III to Directive 2011/65/EU of the European Parliament and of the Council as regards an exemption for the use of mercury in other 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
                  10
               , and in particular Article 5(1), point (a), thereof,

               Whereas:

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

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

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

               (4)By Decision 2010/571/EU
                  11
               , the Commission granted, among other things, an exemption for the use of mercury in 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
                  12
                and thus does not weaken the environmental and health protection afforded by it.

               (9)It is therefore appropriate to grant the renewal of the exemption, with a revised wording, setting out the limited scope of the exemption, for a maximum period of five 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 [the last day of the sixth month after the date of entry into force of this Directive] at the latest, the laws, regulations and administrative provisions necessary to comply with this Directive. They shall forthwith communicate to the Commission the text of those provisions.

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

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

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

               Article 3

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

               Article 4

               This Directive is addressed to the Member States.

               Done at Brussels, 13.12.2021

                     For the Commission

                     The President
                     Ursula VON DER LEYEN

                     (1)

                        OJ L 174, 1.7.2011, p. 88.

                     (2)

                        OJ L 396, 30.12.2006, p. 1.

                     (3)

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

                     (4)

                  https://rohs.exemptions.oeko.info/fileadmin
                   and http://rohs.exemptions.oeko.info/fileadmin/user_upload/
                  RoHS_Pack_9/Exemption_4_a_/Lighting_Europe /4a_LE_RoHS_Exemption_Req__Final.pdf.

                     (5)

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

                     (6)

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

                     (7)

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

                     (8)

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

                     (9)

                        A list of the required administrative steps is available on the
                  Commission website
                  . 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
                  .

                     (10)

                        OJ L 174, 1.7.2011, p. 88.

                     (11)

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

                     (12)

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

    ---documentbreak---

               ANNEX

               In Annex III to Directive 2011/65/EU, entry 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 [PO: 12 months after the publication of the Delegated Directive in the Official Journal]

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


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

text:
               EXPLANATORY MEMORANDUM

               1.CONTEXT OF THE DELEGATED ACT

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

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

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

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

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

               2.CONSULTATIONS PRIOR TO THE ADOPTION OF THE ACT

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

               The current Annex III exemption entries 1 (a) to (e) permit the use of mercury in single capped (compact) fluorescent lamps not exceeding the following values (per burner):

               1(a) For general lighting purposes < 30 W: 2,5 mg;

               1(b) For general lighting purposes ≥ 30 W and < 50 W: 3,5 mg;

               1(c) For general lighting purposes ≥ 50 W and < 150 W: 5 mg;

               1(d) For general lighting purposes ≥ 150 W: 15 mg;

               1(e) For general lighting purposes, with a circular or a square structural shape and a tube diameter ≤ 17 mm: 7 mg.

               The Commission received two applications for the renewal of the related exemption entries in December 2014 and January 2015. One of the applications was renewed with additional information in January 2020. The applicants, in essence, claimed that substitutes for all the applications in question were not available. One applicant stated that, despite of the increasing availability on the EU market of mercury-free light-emitting diode (LED) alternatives, they cannot always serve as a fully compatible replacement for the vast variety of CFL lamps for consumers and professional end users. The other applicant argued along the same line.
                  4

               In line with the requirements of the RoHS Directive (Article 5(5), second subparagraph), an exemption remains valid until the Commission issues a decision on the renewal application.

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

               The Commission consulted the Member State expert group for delegated acts under the RoHS Directive during the expert meetings of 1 September 2016, 29 October 2018 and 21 October 2019. In July 2020, the Commission also informed the Member State expert group, by written consultation, of the 2020 socioeconomic update and received the Member States’ positions on a proposed course of action. It carried out all the requisite procedural steps relating to applications for exemption from the substances restriction under Article 5(3) to 5(7).
                  10
                The Council and the European Parliament were notified of all activities.

               The supporting study reports highlighted the following technical information and assessment:

               ·The 2015-2016 study concluded that reliable mercury-free substitutes are available on the European Union market. The study provided ample evidence that substituting mercury in the lamp categories covered by the exemption is scientifically and technically practicable.

               ·The 2019 and 2020 study updates focused on the availability of substitutes and the socioeconomic impact of substitution. They documented that the total cost of substitution largely depend on the share of lamps available on the market as replacements and that the substitution costs would be relatively quickly offset by the benefits generated by related energy savings. The 2020 socioeconomic assessment update showed that, overall, substituting the lamp categories under assessment with LED alternatives would mean avoiding placing 2882 kg of mercury in lamps on the European Union market.
                  11
                Overall, the premature generation of e-waste caused by the need to rewire and replace the lamps in certain lamp categories would be offset both by avoiding future use of mercury and by generating substantial energy savings.

               In conclusion, the scientific and technical assessments, including stakeholder consultations, detailed that none of the exemption criteria are met with regard to exemption 1(a) to (e). In particular, the assessments concluded that mercury-free alternatives are already available.The availability of substitutes has furthermore been documented and calculations based on this evidence on the socioeconomic impact of substituting mercury have shown to result in overall
                  12
                savings and overall benefits in terms of environmental, health and consumer safety aspects. The socioeconomic analysis did not require a transition period.

               In accordance with the Better Regulation Guidelines, the draft Delegated Directive was published on the Better Regulation Portal for a four-week public feedback period. During the consultation on the draft act, 12 contributions from members of the public were received. The points raised were considered and no amendment to the draft was deemed necessary.

               3.LEGAL ELEMENTS OF THE DELEGATED ACT

               On the basis of Article 5(1), the delegated directive revokes exemption entries 1(a) to (e) listed in Annex III to Directive 2011/65/EU for the use of mercury in the specified applications in mercury-based lamps.

               The Commission’s assessment of the exemption request, based on the supporting studies and consultations, concluded that none of the criteria laid down in Article 5(1)(a) of the RoHS Directive that justify a further extension of the exemption is met. The substitution of mercury with reliable substitutes in the lamp categories concerned by this exemption is scientifically and technically practicable, and evidence is provided that the total impact of substitution, in environmental, health and consumer safety impacts largely outweigh any negative impacts. In particular, the substitution would not only mean avoiding placing considerable quantities of mercury on the EU market, but it would also generate energy savings and provide an additional stimulus for innovation
                  13
               . In summary, the conditions for the exemption are no longer fulfilled, and entries 1(a) to (e) are to be deleted, in accordance with Article 5(1)(b).

               The expiry date for this exemption is set in line with Article 5(6) of the RoHS Directive, which prescribes that, in the event an exemption is revoked, it shall expire at the earliest 12 months, and at the latest 18 months, after the date of that decision. In the current case, the earliest expiry date of 12 months is to be set.  There are no practical circumstances that would require a longer transition time.

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

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

               The delegated directive has no implications on the EU budget.

               COMMISSION DELEGATED DIRECTIVE (EU) .../…

               of 13.12.2021

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

               (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
                  14
               , 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
                  15
               , 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 [the last day of the sixth month after the date of entry into force of this Directive] at the latest, the laws, regulations and administrative provisions necessary to comply with this Directive. They shall forthwith communicate to the Commission the text of those provisions.

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

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

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

               Article 3

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

               Article 4

               This Directive is addressed to the Member States.

               Done at Brussels, 13.12.2021

                     For the Commission

                     The President
                     Ursula VON DER LEYEN

                     (1)

                        OJ L 174, 1.7.2011, p. 88.

                     (2)

                        OJ L 396, 30.12.2006, p. 1.

                     (3)

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

                     (4)

                  https://rohs.exemptions.oeko.info/index.php?id=229
                  .

                     (5)

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

                     (6)

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

                     (7)

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

                     (8)

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

                  , starting on page 92.

                     (9)

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

                     (10)

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

                     (11)

                        The 2020 socioeconomic assessment update included compact fluorescent lamps non-integrated (CFLni), linear fluorescent lamps with a tube diameter of 9-17 mm (e.g. T5) and 17-28 mm (e.g. T8).

                     (12)

                        Idem.

                     (13)

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

                     (14)

                        OJ L 174, 1.7.2011, p. 88.

                     (15)

                        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).

    ---documentbreak---

               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 [PO: 12 months after the publication of the Delegated Directive in the Official Journal]

                        1(b)

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

                        Expires on [PO: 12 months after the publication of the Delegated Directive in the Official Journal]

                        1(c)

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

                        Expires on [PO: 12 months after the publication of the Delegated Directive in the Official Journal]

                        1(d)

                        For general lighting purposes ≥ 150 W: 15 mg

                        Expires on [PO: 12 months after the publication of the Delegated Directive in the Official Journal]

                        1(e)

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

                        Expires on [PO: 12 months after the publication of the Delegated Directive in the Official Journal]’


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

text:
               EXPLANATORY MEMORANDUM

               1.CONTEXT OF THE DELEGATED ACT

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

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

               Article 5 of the Directive provides for the adaptation of Annexes III and IV to scientific and technical progress, which can include granting, renewing and revoking of exemptions. Pursuant to Article 5(1)(a), exemptions are to be included in Annexes III and IV only if such inclusion does not weaken the environmental and health protection afforded by Regulation (EC) No 1907/2006 (REACH)
                  2
                and where any of the following conditions is fulfilled: (i) 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; (ii) the reliability of substitutes is not ensured; (iii) 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.

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

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

               2.CONSULTATIONS PRIOR TO THE ADOPTION OF THE ACT

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

               The current Annex III exemption 4(c) permits the use of mercury in other High Pressure Sodium (vapour) lamps for general lighting purposes not exceeding the following values (per burner): 4(c)-I P ≤ 155 W: 25 mg; 4(c)-II 155 W < P ≤ 405 W: 30 mg; 4(c)-III P > 405 W: 40 mg.

               The Commission received one application for the renewal of this exemption in January 2015. The applicants in essence claimed the lack of availability of substitutes for applications covered by that exemption as the reduction or omission of mercury in these lamps leads to loss of efficacy.
                  4
                An updated application was submitted, by the same applicants, in January 2020, including a reduction of the mercury content as compared to the 2015 application. In line with the requirements of the RoHS Directive (Article 5(5), second subparagraph), the exemption remains valid until the Commission takes a decision on the renewal application.

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

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

               The final reports highlighted that:

               ·mercury-free substitutes are available on the system level (for use in new light emitting diode (LED) luminaires), but such substitutes are not compatible as substitutes in existing High Pressure Sodium (vapour) (HPS) lamps (component replacement). Therefore, an early phase-out of HPS lamps may lead to existing HPS luminaires reaching the end of their lives early and to overall environmental drawbacks. It was also concluded that time is still needed to develop sufficient alternatives, reason for which the renewal of the exemption for the maximum duration of a further five years was recommended.

               ·HPS lamps with reduced mercury content compared to current levels are available in different shapes and for different wattages. The exemption should therefore be renewed with reduced mercury content.

               In conclusion, the scientific and technical assessments, including stakeholder consultations, detailed that the exemption criteria continue to be met with regard to exemption 4(c) I to III. The evaluation results also showed that renewing this exemption with reduced mercury content would not weaken the environmental and health protection afforded by the REACH Regulation, in accordance with Article 5 of Directive 2011/65/EU.

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

               3.LEGAL ELEMENTS OF THE DELEGATED ACT

               The delegated directive renews exemption 4(c) I to III listed in Annex III to Directive 2011/65/EU for the use of mercury in other high pressure sodium lamps for general lighting purposes. The mercury content allowed in the specified applications is reduced to correspond to technical progress for the specified lamps types.

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

               In summary, the conditions for the exemption are fulfilled, and exemption 4 (c) entries I to III are to be renewed. The assessment also concluded that, due to technical progress, the mercury content allowed for each of the exemption entries can be lowered.

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

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

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

               The delegated directive has no implications on the EU budget.

               COMMISSION DELEGATED DIRECTIVE (EU) .../…

               of 13.12.2021

               amending, for the 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
                  11
               , and in particular Article 5(1), point (a), thereof,

               Whereas:

               (1)Directive 2011/65/EU requires Member States to ensure that electrical and electronic equipment 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
                  12
               , 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
                  13
                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 [the last day of the sixth month after the date of entry into force of this Directive] at the latest, the laws, regulations and administrative provisions necessary to comply with this Directive. They shall forthwith communicate to the Commission the text of those provisions.

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

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

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

               Article 3

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

               Article 4

               This Directive is addressed to the Member States.

               Done at Brussels, 13.12.2021

                     For the Commission

                     The President
                     Ursula VON DER LEYEN

                     (1)

                        OJ L 174, 1.7.2011, p. 88.

                     (2)

                        OJ L 396, 30.12.2006, p. 1.

                     (3)

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

                     (4)

                  https://rohs.exemptions.oeko.info/fileadmin/user_upload/RoHS_Pack_9/Exemption_4_c__IIII_/4c_LE_RoHS_Exemption_Req_Final.pdf
                   .

                     (5)

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

                     (6)

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

                     (7)

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

                     (8)

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

                  , starting on page 92.

                     (9)

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

                     (10)

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

                     (11)

                        OJ L 174, 1.7.2011, p. 88.

                     (12)

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

                     (13)

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

    ---documentbreak---

               ANNEX

               In Annex III to Directive 2011/65/EU, 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 [PO: 5 years after the publication of the Delegated Directive in the Official Journal]

                        4(c)-II

                        155 W < P ≤ 405 W: 25 mg

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

                        4(c)-III

                        P > 405 W: 25 mg

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