Date: 2019-11-05Category: Not ApplicableState: Union GovernmentCountry: Europe
Commission Delegated Directive (EU) 2019/1846 of 8 August 2019 amending, for the purposes of adapting to scientific and technical progress, Annex III to Directive 2011/65/EU of the European Parliament and of the Council as regards an exemption for lead in solders used in certain combustion engines (Text with EEA relevance)
Executive Summary:
Commission Delegated Directive (EU) 2019/1846 amends Annex III to Directive 2011/65/EU, granting an exemption for lead in solders used in sensors, actuators, and engine control units of combustion engines within the scope of Regulation (EU) 2016/1628. Member States must adopt and publish necessary provisions to comply with this directive by April 30, 2020, and apply them from May 1, 2020. The exemption applies to category 11 equipment and expires on July 21, 2024.
Key Points / Main Content:
* **Amendment to Annex III of Directive 2011/65/EU:**
* Adds entry 44, granting an exemption for lead in solder of sensors, actuators, and engine control units of combustion engines.
* The exemption is applicable to equipment falling under category 11 of Annex I to Directive 2011/65/EU.
* The exemption applies to combustion engines within the scope of Regulation (EU) 2016/1628 installed in equipment used at fixed positions while in operation which is designed for professionals, but also used by nonprofessional users.
* The exemption expires on July 21, 2024.
* **Member State Obligations:**
* Member States must adopt and publish the laws, regulations, and administrative provisions necessary to comply with this Directive by April 30, 2020.
* They must apply these provisions from May 1, 2020.
* Member States must communicate the text of these provisions to the Commission.
* They must also communicate the main provisions of national law adopted in the field covered by this Directive to the Commission.
* **Entry into Force:**
* The Directive entered 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 April 30, 2020, and apply them from May 1, 2020. Communicate these provisions to the Commission.
Manufacturers of Electrical and Electronic Equipment (EEE) in Category 11:
* Impact: Can continue using lead in solder for specific applications (sensors, actuators, and engine control units in combustion engines falling under Regulation (EU) 2016/1628) until July 21, 2024.
* Action Required: Monitor the expiration date of the exemption and continue efforts to find reliable lead-free alternatives.
European Commission:
* Impact: Responsible for overseeing the implementation of the Directive by Member States.
* Action Required: Monitor Member States' compliance and review the exemption before its expiration.
Key Entities Referenced
Council of the European Union: A component of the EU's legislative branch, made up of ministers from member states.
COMMISSION DELEGATED DIRECTIVE EU 2019/1846: A directive of the European Commission amending Annex III to Directive 2011/65/EU, adapting it to scientific and technical progress regarding an exemption for lead in solders used in certain combustion engines.
Directive 2011/65/EU: 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 Directive).
European Parliament: Legislative branch of the European Union.
Treaty on the Functioning of the European Union: One of the primary treaties forming the constitutional basis of the European Union.
Regulation EU 2016/1628: Regulation of the European Parliament and of the Council on requirements relating to gaseous and particulate pollutant emission limits and type-approval for internal combustion engines for nonroad mobile machinery.
Regulation EC No 1907/2006: Regulation of the European Parliament and of the Council concerning the Registration, Evaluation, Authorisation and Restriction of Chemicals (REACH).
European Commission: Executive branch of the European Union responsible for proposing legislation, implementing decisions, and managing the EU's day-to-day business.
5.11.2019 E N O f f i c i a l J o u r n a l o f t h e E u r o p e a n Union L 283/41
COMMISSION DELEGATED DIRECTIVE (EU) 2019/1846
of 8 August 2019
amending, for the purposes of adapting to scientific and technical progress, Annex III to Directive
2011/65/EU of the European Parliament and of the Council as regards an exemption for lead in
solders used in certain combustion engines
(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 the 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 to which Directive 2011/65/EU applies are listed in
Annex I to that Directive.
(3) Lead is a restricted substance listed in Annex II to Directive 2011/65/EU. On 29 June 2017, the Commission
received an application made in accordance with Article 5(3) of Directive 2011/65/EU for an exemption to be listed
in Annex III to Directive 2011/65/EU, for the use of lead in solders of sensors, actuators and engine control units
that are used to monitor and control engine systems including turbochargers and exhaust emission controls of
internal combustion engines used in equipment that are not intended to be used solely by consumers (‘the requested
exemption’).
(4) The evaluation of the requested exemption included stakeholder consultations in accordance with Article 5(7) of
Directive 2011/65/EU.
(5) Each engine within scope of the requested exemption is equipped with specific types of sensors, actuators and engine
control units that monitor and control its emissions to ensure compliance with Regulation (EU) 2016/1628 of the
European Parliament and of the Council (2). The conditions experienced in and close to such engine and an exhaust
system can be so severe in terms of elevated temperatures and vibration levels that they may cause early failure of
solder bonds.
(6) Currently, for the applications of lead covered by the requested exemption, additional time is needed for testing to
ensure the reliability of available lead-free substitutes.
(7) Due to the lack of reliable alternatives, a substitution or elimination of lead is scientifically and technically
impracticable in certain combustion engines. The requested exemption is consistent with Regulation (EC)
No 1907/2006 of the European Parliament and of the Council (3) and thus does not weaken the environmental and
health protection afforded by it.
(8) It is, therefore, appropriate to grant the requested exemption by including the applications covered by it in Annex III
to Directive 2011/65/EU with respect to electrical and electronic equipment of category 11 of Annex I to Directive
2011/65/EU.
(9) The exemption should be granted for the maximum validity period of 5 years starting from 22 July 2019, in
accordance with Article 4(3) and the first subparagraph of Article 5(2) 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,
(1) OJ L 174, 1.7.2011, p. 88.
(2) Regulation (EU) 2016/1628 of the European Parliament and of the Council of 14 September 2016 on requirements relating to gaseous
and particulate pollutant emission limits and type-approval for internal combustion engines for non-road mobile machinery,
amending Regulations (EU) No 1024/2012 and (EU) No 167/2013, and amending and repealing Directive 97/68/EC (OJ L 252,
16.9.2016, p. 53).
(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).L 283/42 E N O f f i c i a l J o u r n a l o f t h e E u r o p e a n Union 5.11.2019
HAS ADOPTED THIS DIRECTIVE:
Article 1
Annex III to Directive 2011/65/EU is amended as set out in the Annex to this Directive.
Article 2
1. Member States shall adopt and publish, by 30 April 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 May 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, 8 August 2019.
For the Commission
The President
Jean-Claude JUNCKER5.11.2019 E N O f f i c i a l J o u r n a l o f t h e E u r o p e a n Union L 283/43
ANNEX
In Annex III to Directive 2011/65/EU, the following entry 44 is added:
‘44 Lead in solder of sensors, actuators, Applies to category 11 and expires on
and engine control units of combus 21 July 2024.
tion engines within the scope of Reg
ulation (EU) 2016/1628 of the Eur
opean Parliament and of the Council (*)
, installed in equipment used at fixed
positions while in operation which is
designed for professionals, but also
used by non-professional users
(*) Regulation (EU) 2016/1628 of the European Parliament and of the Council of 14 September 2016 on requirements relating to gaseous
and particulate pollutant emission limits and type-approval for internal combustion engines for non-road mobile machinery, amending
Regulations (EU) No 1024/2012 and (EU) No 167/2013, and amending and repealing Directive 97/68/EC (OJ L 252, 16.9.2016,
p. 53).’