Waste

Note: with this consultation stakeholders are not requested to submit additional requests for exemption.

Stakeholders are only requested to comment on the exemptions listed in this consultation document and to respond to the four questions with as much detail as possible.  

1. Introduction

Article 4(1) of Directive 2002/95/EC on the restriction of the use of certain hazardous substances in electrical and electronic equipment provides ‘that from 1 July 2006, new electrical and electronic equipment put on the market does not contain lead, mercury, cadmium, hexavalent chromium, PBB or PBDE.’ The annex to the Directive lists a limited number of applications of lead, mercury, cadmium and hexavalent chromium, which are exempted from the requirements of Article 4(1).

According to Article 5 (2) of Directive 2002/95/EC the Commission is required to consult the relevant stakeholders before amending the annex. The results of this consultation will be forwarded to the Technical Adaptation Committee of the Directive 2002/95/EC and the Commission services will provide an account of the information received. Although the Commission will analyse the results of this stakeholder consultation carefully, please note that as with all stakeholder consultations, this action is only one part of the decision making process.

Neither the fact that a stakeholder consultation is being launched, nor the results of this stakeholder consultation should be interpreted as a political or legal signal that the Commission intends to take a given action.

2. Proposal for additional exemptions

Article 5(1)(b) of Directive 2002/95/EC provides that materials and components can be exempted from the substance restrictions contained in Article 4(1) if their elimination or substitution via design changes or materials and components which do not require any of the materials or substances referred to therein is technically or scientifically impracticable, or where the negative environmental, health and/or consumer safety impacts caused by substitution outweigh the environmental, health and/or consumer safety benefits thereof.

On the basis of this provision the Commission has received from industry additional requests for applications to be exempted from the requirements of the RoHS Directive.

It should be noted that since the wording for some of the exemptions is not self explanatory, some exemption requests may overlap with exemption requests covered by previous consultations. The Commission services have published the requests as worded by the submitters.

The titles for the exemptions as submitted by industry and the request for exemptions, with the substantiated evidence (available by clicking on the title), are:

1. On-Semi MCR265-10 SCR;
2. Components NEC V55;
3. The use of lead in solder applications for electronic components of musical instruments having an average lifespan in excess of 10 years;
4. Lead solder alloy in Surge protective devices (SPDs);
5. Inventory of Special ICs having tin-lead solder on/in leads/balls, used in specialist/professional equipment;
6. Lead alloys as electrical/mechanical solder for transducers used in high-powered professional and commercial loudspeakers;
7. Solder containing lead for applications where the local temperature exceeds 150 C and reliable operation for a minimum of 30,000 hours is required;
8. T in-lead solder in the manufacture of professional audio equipment;
9. Specific modular units including tin-lead solder being used in special professional equipment;
10. Lead in electronic vacuum tubes;
11. Lead in aluminium used in gas valves for domestic cooking appliances;
12. “8. Cadmium and its compounds in electrical contacts except for applications of one-shot operation function such as thermal links and cadmium plating except for the applications banned under Directive 91/338/EEC amending Directive 76/769/EEC relating to the restriction on the marketing and use of certain dangerous substances and preparations.”;
13. Lead in solder of parts recovered from gaming/amusement machines put on the market before 1/07/06 and reused for the same purpose within a manufacturer’s closed loop until July 2014;
14. Lead in solders in components and assemblies used in non-consumer products, provided that: - such components and assemblies were purchased or are subject to a proven last-time buy contract placed before 1 July, 2006; and - such components and assemblies are used in models of EEE that were already available on the market before 1 July 2006;
15. “8. Cadmium plating as defined in Directive 91/338/EEC except for applications banned under Directive 91/338/EEC amending Directive 76/769/EEC relating to restrictions on the marketing and use of certain dangerous substances and preparations.”

4. Consultation of interested parties

In preparation of the decision for the consideration of the items listed above based on Article 5(1) (b), the Commission services would like to consult interested parties.

In particular, stakeholders are requested to provide, for each entry, information on: the current existence of feasible substitutes in an industrial and/or commercial scale; any restrictions that apply to such substitutes; the costs and benefits and advantages and disadvantages of such a substitutes; provide a precise wording for each exemption. Stakeholders are requested to support, as far as possible, their contribution with technical and scientific evidence.

1. On-Semi MCR265-10 SCR.

• Do feasible substitutes currently exist in an industrial and/or commercial scale?
• Do any restrictions apply to such substitutes?
• What are the costs and benefits and advantages and disadvantages of such substitutes?
• Please indicate a precise wording for this exemption.

2. Components NEC V55.

• Do feasible substitutes currently exist in an industrial and/or commercial scale?
• Do any restrictions apply to such substitutes?
• What are the costs and benefits and advantages and disadvantages of such substitutes?
• Please indicate a precise wording for this exemption.

3. The use of lead in solder applications for electronic components of musical instruments having an average lifespan in excess of 10 years.

• Do feasible substitutes currently exist in an industrial and/or commercial scale?
• Do any restrictions apply to such substitutes?
• What are the costs and benefits and advantages and disadvantages of such substitutes?
• Please indicate a precise wording for this exemption.

4. Lead solder alloy in Surge protective devices (SPDs).

• Do feasible substitutes currently exist in an industrial and/or commercial scale?
• Do any restrictions apply to such substitutes?
• What are the costs and benefits and advantages and disadvantages of such substitutes?
• Please indicate a precise wording for this exemption.

5. Inventory of Special ICs having tin-lead solder on/in leads/balls, used in specialist/professional equipment.

• Do feasible substitutes currently exist in an industrial and/or commercial scale?
• Do any restrictions apply to such substitutes?
• What are the costs and benefits and advantages and disadvantages of such substitutes?
• Please indicate a precise wording for this exemption.

6. Lead alloys as electrical/mechanical solder for transducers used in high-powered professional and commercial loudspeakers.

• Do feasible substitutes currently exist in an industrial and/or commercial scale?
• Do any restrictions apply to such substitutes?
• What are the costs and benefits and advantages and disadvantages of such substitutes?
• Please indicate a precise wording for this exemption.

7. Solder containing lead for applications where the local temperature exceeds 150 C and reliable operation for a minimum of 30,000 hours is required.

• Do feasible substitutes currently exist in an industrial and/or commercial scale?
• Do any restrictions apply to such substitutes?
• What are the costs and benefits and advantages and disadvantages of such substitutes?
• Please indicate a precise wording for this exemption.

8. T in-lead solder in the manufacture of professional audio equipment.

• Do feasible substitutes currently exist in an industrial and/or commercial scale?
• Do any restrictions apply to such substitutes?
• What are the costs and benefits and advantages and disadvantages of such substitutes?
• Please indicate a precise wording for this exemption.

9. Specific modular units including tin-lead solder being used in special professional equipment.

• Do feasible substitutes currently exist in an industrial and/or commercial scale?
• Do any restrictions apply to such substitutes?
• What are the costs and benefits and advantages and disadvantages of such substitutes?
• Please indicate a precise wording for this exemption.

10. Lead in electronic vacuum tubes.

• Do feasible substitutes currently exist in an industrial and/or commercial scale?
• Do any restrictions apply to such substitutes?
• What are the costs and benefits and advantages and disadvantages of such substitutes?
• Please indicate a precise wording for this exemption.

11. Lead in aluminium used in gas valves for domestic cooking appliances.

• Do feasible substitutes currently exist in an industrial and/or commercial scale?
• Do any restrictions apply to such substitutes?
• What are the costs and benefits and advantages and disadvantages of such substitutes?
• Please indicate a precise wording for this exemption.

12. “8. Cadmium and its compounds in electrical contacts except for applications of one-shot operation function such as thermal links and cadmium plating except for the applications banned under Directive 91/338/EEC amending Directive 76/769/EEC relating to the restriction on the marketing and use of certain dangerous substances and preparations”.

• Do feasible substitutes currently exist in an industrial and/or commercial scale?
• Do any restrictions apply to such substitutes?
• What are the costs and benefits and advantages and disadvantages of such substitutes?
• Please indicate a precise wording for this exemption.

13. Lead in solder of parts recovered from gaming/amusement machines put on the market before 1/07/06 and reused for the same purpose within a manufacturer’s closed loop until July 2014.

• Do feasible substitutes currently exist in an industrial and/or commercial scale?
• Do any restrictions apply to such substitutes?
• What are the costs and benefits and advantages and disadvantages of such substitutes?
• Please indicate a precise wording for this exemption.

14. Lead in solders in components and assemblies used in non-consumer products, provided that: - such components and assemblies were purchased or are subject to a proven last-time buy contract placed before 1 July, 2006; and - such components and assemblies are used in models of EEE that were already available on the market before 1 July 2006.

• Do feasible substitutes currently exist in an industrial and/or commercial scale?
• Do any restrictions apply to such substitutes?
• What are the costs and benefits and advantages and disadvantages of such substitutes?
• Please indicate a precise wording for this exemption.

15. “8. Cadmium plating as defined in Directive 91/338/EEC except for applications banned under Directive 91/338/EEC amending Directive 76/769/EEC relating to restrictions on the marketing and use of certain dangerous substances and preparations”.

• Do feasible substitutes currently exist in an industrial and/or commercial scale?
• Do any restrictions apply to such substitutes?
• What are the costs and benefits and advantages and disadvantages of such substitutes?
• Please indicate a precise wording for this exemption.

Interested parties are invited to send their comments by 10 February 2006 at the latest by e-mail to ENV-RoHS@ec.europa.eu or by post to:

European Commission

DG Environnent, Unit G4 – Consultation Directive 2002/95/EC

B-1049, Brussels, Belgium.

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Responses submitted electronically will be posted on this web site as they are received, unless respondents specifically request that their contribution should not be publicised. In the latter case, responses should be clearly and visibly marked with the words "Not for publication”.

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OJ L 37, 13.2.2003, p. 19