Date: 2019-02-05Category: Not ApplicableState: Union GovernmentCountry: Europe
Commission Delegated Directive (EU) 2019/174 of 16 November 2018 amending, for the purposes of adapting to scientific and technical progress, Annex III to Directive 2011/65/EU of the European Parliament and of the Council as regards an exemption for lead bound in crystal glass as defined in Directive 69/493/EEC (Text with EEA relevance.)
Executive Summary:
This Commission Delegated Directive (EU) 2019/174 amends Annex III to Directive 2011/65/EU regarding an exemption for lead bound in crystal glass, as defined in Directive 69/493/EEC, to adapt to scientific and technical progress. It renews the exemption for specific categories of electrical and electronic equipment for a maximum duration of five years, until July 21, 2021. Member States must adopt and publish necessary provisions to comply with this directive by February 29, 2020, and apply them from March 1, 2020.
Key Points / Main Content:
Amendment of Annex III to Directive 2011/65/EU:
* Entry 29 in Annex III, concerning lead bound in crystal glass, is replaced with updated expiry dates for different categories of electrical and electronic equipment.
Exemption Renewal for Lead in Crystal Glass:
* The exemption for lead bound in crystal glass, as defined in Annex I Categories 1, 2, 3, and 4 of Council Directive 69/493/EEC, is renewed for categories 1-7 and 10 until July 21, 2021.
* For categories other than 1 to 7 and 10, the existing exemption remains valid as per the validity periods set out in Article 5(2) of Directive 2011/65/EU.
* The following expiry dates are applicable:
* July 21, 2021, for categories 1-7 and 10.
* July 21, 2021, for categories 8 and 9, excluding in vitro diagnostic medical devices and industrial monitoring and control instruments.
* July 21, 2023, for category 8 in vitro diagnostic medical devices.
* July 21, 2024, for category 9 industrial monitoring and control instruments and category 11.
Implementation and Compliance:
* Member States are required to adopt and publish the laws, regulations, and administrative provisions necessary to comply with this Directive by February 29, 2020.
* These provisions must be applied from March 1, 2020.
* Member States must communicate the text of these provisions to the Commission.
* Member States must also communicate the main provisions of national law adopted in the covered field to the Commission.
Entry into Force:
* This Directive enters into force on the twentieth day following its publication in the Official Journal of the European Union.
Impact Analysis:
Member States:
* Impact: Required to transpose the Directive into national law.
* Action Required: Adopt and publish necessary laws, regulations, and administrative provisions by February 29, 2020, apply them from March 1, 2020, and communicate these to the Commission.
Manufacturers of Electrical and Electronic Equipment:
* Impact: Must be aware of the updated expiry dates for the exemption of lead in crystal glass for different equipment categories.
* Action Required: Ensure compliance with the revised exemption periods, particularly regarding the use of lead in crystal glass for equipment categories 1-11 and plan for potential substitution of lead by the respective expiry dates.
European Commission:
* Impact: Responsible for overseeing the implementation of the Directive by Member States.
* Action Required: Monitor Member States' compliance and review the ongoing efforts to find reliable substitutions for lead in crystal glass.
Key Entities Referenced
European Union: A political and economic union of member states located primarily in Europe.
European Commission: An institution of the European Union, responsible for proposing legislation, implementing decisions, upholding the EU treaties and managing the day-to-day business of the EU.
Directive 2011/65/EU: A directive of the European Parliament and of the Council on the restriction of the use of certain hazardous substances in electrical and electronic equipment (RoHS).
Council Directive 69/493/EEC: A directive on the approximation of the laws of the Member States relating to crystal glass.
Regulation EC No 1907/2006: A regulation of the European Parliament and of the Council concerning the Registration, Evaluation, Authorisation and Restriction of Chemicals (REACH).
Lead (Pb): A chemical element, identified as a restricted substance under Directive 2011/65/EU, with specific exemptions for its use in crystal glass.
Brussels: The city where the directive was adopted.
Jean-Claude Juncker: The President of the European Commission at the time the directive was adopted.
L 33/20 EN Official Journal of the European Union 5.2.2019
COMMISSION DELEGATED DIRECTIVE (EU) 2019/174
of 16 November 2018
amending, for the purposes of adapting to scientific and technical progress, Annex III to Directive
2011/65/EU of the European Parliament and of the Council as regards an exemption for lead
bound in crystal glass as defined in Directive 69/493/EEC
(Text with EEA relevance)
THE EUROPEAN COMMISSION,
Having regard to the Treaty on the Functioning of the European Union,
Having regard to Directive 2011/65/EU of the European Parliament and of the Council of 8 June 2011 on the
restriction of the use of certain hazardous substances in electrical and electronic equipment (1) and in particular
Article 5(1)(a) thereof,
Whereas:
(1) Directive 2011/65/EU requires Member States to ensure that electrical and electronic equipment placed on the
market does not contain certain hazardous substances listed in Annex II to that Directive. That requirement does
not apply to the applications listed in Annex III to Directive 2011/65/EU.
(2) The different categories of electrical and electronic equipment for which Directive 2011/65/EU applies
(categories 1 to 11) are listed in Annex I to that Directive.
(3) Lead is a restricted substance listed in Annex II to Directive 2011/65/EU. The use of lead bound in crystal glass
as defined in Annex I (Categories 1, 2, 3 and 4) to Council Directive 69/493/EEC (2) was, however, exempted
from the restriction and is currently listed in entry 29 of Annex III to Directive 2011/65/EU. The expiry date of
that exemption was, for categories 1 to 7 and 10, 21 July 2016.
(4) The Commission received an application for renewal of that exemption before 21 January 2015, in accordance
with Article 5(5) of Directive 2011/65/EU. The exemption remains valid until a decision on that application has
been adopted.
(5) Lead oxides (PbO or Pb O ) are used as an intermediate for the chemical synthesis of lead crystal glass (LCG).
3 4
LCG is used in electrical and electronic equipment because its unique combinations of processing (cooling time,
working range), optical (refractive index, dispersion) and decorative (Vicker's hardness) properties allows the
manufacturing of electrical and electronic articles which could not be produced otherwise, such as specific
luminaires and chandeliers, electrified mirrors, clocks and watches, digital photo frames and building materials
(illuminated blocks).
(6) A substitution or elimination of lead in crystal glass is still scientifically and technically impracticable due to the
lack of reliable substitutes. The exemption does not weaken the environmental and health protection afforded by
Regulation (EC) No 1907/2006 of the European Parliament and of the Council (3). The exemption for the use of
lead bound in crystal glass as defined in Annex I (Categories 1, 2, 3 and 4) to Directive 69/493/EEC should
therefore be renewed for categories 1 to 7 and 10.
(7) Since reliable alternatives for the applications concerned are not yet available on the market or are likely to be
available on the market in the near future, the exemption for categories 1 to 7 and 10 should be renewed for the
maximum duration of five years until 21 July 2021. In view of the results of the ongoing efforts to find a reliable
substitution, the duration of the exemption is unlikely to have adverse impacts on innovation.
(8) For categories other than 1 to 7 and 10, the existing exemption remains valid as per the validity periods set out
in the second subparagraph of Article 5(2) of Directive 2011/65/EU. For reasons of clarity, the dates of expiry
should be added in Annex III to that Directive.
(9) Directive 2011/65/EU should therefore be amended accordingly,
(1) OJ L 174, 1.7.2011, p. 88.
(2) Council Directive 69/493/EEC of 15 December 1969 on the approximation of the laws of the Member States relating to crystal glass
(OJ L 326, 29.12.1969, p. 36).
(3) Regulation (EC) No 1907/2006 of the European Parliament and of the Council of 18 December 2006 concerning the Registration,
Evaluation, Authorisation and Restriction of Chemicals (REACH) and establishing a European Chemicals Agency (OJ L 396, 30.12.2006,
p. 1).5.2.2019 EN Official Journal of the European Union L 33/21
HAS ADOPTED THIS DIRECTIVE:
Article 1
Annex III to Directive 2011/65/EU is amended as set out in the Annex to this Directive.
Article 2
1. Member States shall adopt and publish, by 29 February 2020 at the latest, the laws, regulations and administrative
provisions necessary to comply with this Directive. They shall forthwith communicate to the Commission the text of
those provisions.
They shall apply those provisions from 1 March 2020.
When Member States adopt those provisions, they shall contain a reference to this Directive or be accompanied by such
a reference on the occasion of their official publication. Member States shall determine how such reference is to be
made.
2. Member States shall communicate to the Commission the text of the main provisions of national law which they
adopt in the field covered by this Directive.
Article 3
This Directive shall enter into force on the twentieth day following that of its publication in the Official Journal of the
European Union.
Article 4
This Directive is addressed to the Member States.
Done at Brussels, 16 November 2018.
For the Commission
The President
Jean-Claude JUNCKERL 33/22 EN Official Journal of the European Union 5.2.2019
ANNEX
In Annex III, entry 29 is replaced by the following:
‘29 Lead bound in crystal glass as defined Expires on:
in Annex I (Categories 1, 2, 3 and 4)
— 21 July 2021 for categories 1-7 and 10;
of Council Directive 69/493/EEC(*)
— 21 July 2021 for categories 8 and 9 other than in vitro
diagnostic medical devices and industrial monitoring and ontrol
instruments;
— 21 July 2023 for category 8 in vitro diagnostic medical devices;
— 21 July 2024 for category 9 industrial monitoring and control
instruments, and for category 11.
(*) Council Directive 69/493/EEC of 15 December 1969 on the approximation of the laws of the Member States relating to crystal
glass (OJ L 326, 29.12.1969, p. 36).’