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Stakeholder consultation on Adaptation to scientific and technical progress under Directive 2002/95/EC of the European Parliament and of the Council on the restriction of the use of certain hazardous substances in electrical and electronic equipment for the purpose of a possible amendment of the annex

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

stakeholders are 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 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, therefore submitters are solely responsible for the wording and supporting evidence they have provided.

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:

4. Consultation of interested parties

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..

It shall be noted that generic comments, statements, position papers and additional request for exemptions will not be taken into account.

1. Lead in silver rings on the exterior lamp surface of induction-type fluorescent lamps.

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?
Are there any negative environmental, health and/or consumer safety impacts caused by substitution which are likely to outweigh the environmental, health and/or consumer benefits thereof?
Please indicate a precise wording for this exemption.

2. Mercury in plasma displays.

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?
Are there any negative environmental, health and/or consumer safety impacts caused by substitution which are likely to outweigh the environmental, health and/or consumer benefits thereof?
Please indicate a precise wording for this exemption.

3. Cadmium in Photocells for accurate control of lighting 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?
Are there any negative environmental, health and/or consumer safety impacts caused by substitution which are likely to outweigh the environmental, health and/or consumer benefits thereof?
Please indicate a precise wording for this exemption.

4. Cadmium-based photo-resistors used in 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?
Are there any negative environmental, health and/or consumer safety impacts caused by substitution which are likely to outweigh the environmental, health and/or consumer benefits thereof?
Please indicate a precise wording for this exemption.

5. RELOCK FUSE, Model X-09.

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?
Are there any negative environmental, health and/or consumer safety impacts caused by substitution which are likely to outweigh the environmental, health and/or consumer benefits thereof?
Please indicate a precise wording for this exemption.

6. High voltage diodes in glass housings.

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?
Are there any negative environmental, health and/or consumer safety impacts caused by substitution which are likely to outweigh the environmental, health and/or consumer benefits thereof?
Please indicate a precise wording for this exemption.

7. Cadmium and cadmium oxide in thick film pastes used on beryllium oxide substrates.

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?
Are there any negative environmental, health and/or consumer safety impacts caused by substitution which are likely to outweigh the environmental, health and/or consumer benefits thereof?
Please indicate a precise wording for this exemption.

Interested parties are invited to send their comments by 10 August 2007 at the latest by e-mail to ENV-RoHS@ec.europa.eu or by post to:

European Commission

DG Environnent, Unit G.4 – 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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