(1)

Article 4(1) of 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)

Lead is a restricted substance listed in Annex II to Directive 2011/65/EU. The maximum tolerated concentration value is 0,1 % by weight of lead in homogenous materials.

(4)

Commission Delegated Directive (EU) 2018/736 (2) granted an exemption for electrical and electronic components containing lead in glass or ceramic or in glass or ceramic matrix compound, as set out in entry 7(c)-I of Annex III to Directive 2011/65/EU. The exemption was to expire on 21 July 2021, 21 July 2023 and 21 July 2024, respectively for each of the relevant electrical and electronic equipment category.

(5)

Commission Delegated Directive (EU) 2019/169 (3) granted an exemption for lead in dielectric ceramic in capacitors for a rated voltage of 125 V AC or 250 V DC or higher, as set out in entry 7(c)-II of Annex III to Directive 2011/65/EU. The exemption was to expire on 21 July 2021, 21 July 2023 and 21 July 2024, respectively for each of the relevant electrical and electronic equipment category.

(6)

The Commission received in total eight renewal requests for the exemption referred to in recital 4, covering all electrical and electronic equipment categories. For the exemption referred to in recital 5, the Commission received one renewal request. All requests were received within the timeframe for renewal laid down in Article 5(5) of Directive 2011/65/EU. In accordance with Article 5(5), second subparagraph, of Directive 2011/65/EU, the existing exemption remains valid until a decision on the renewal application is taken by the Commission.

(7)

In order to evaluate the applications received, a technical and scientific assessment study was carried out and finalised in 2022 (4). A further study focussing on the electrical and electronic equipment categories requested for renewal at a later stage was carried out and finalised in 2024 (5). The evaluations included stakeholder consultations in accordance with Article 5(7) of Directive 2011/65/EU.

(8)

The evaluation of the requested exemption renewal concluded that in ceramics, lead provides particular dielectric, piezoelectric, pyroelectric, ferroelectric, semiconductor, magnetic properties over a wide use range in terms of temperatures, voltages or frequencies. In glass, lead provides crucial properties such as lowering the melting and softening points, improving workability, machinability, and chemical stability and others.

(9)

Substitutes for lead-containing ceramics and glasses are either not technically practicable for all applications or substitutes are not sufficiently reliable for specific applications. Thus, the requested renewal meets the criteria set out in Article 5(1), point (a), first and second indent, of Directive 2011/65/EU, namely, that the elimination or substitution through the 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 and that the reliability of substitutes is not ensured.

(10)

In order to allow a more focussed technical assessment in the future, the current exemption set out in entry 7(c)-I of Annex III to Directive 2011/65/EU should be split in two points, namely 7(c)-V for lead in glass applications and 7(c)-VI for lead in ceramic applications. It is appropriate to specify the technical applications in those entries.

(11)

The evaluation referred to in recital 7 concluded that even though it is scientifically possible to substitute lead in ceramic dielectrics for high-voltage capacitors for some applications under the exemption set out in point 7(c)-II of Annex III to Directive 2011/65/EU, it is not technically practicable for most applications. In addition, such lead-free capacitors lack the sufficient reliability in practice. Thus, the requested renewal meets the criteria set out in Article 5(1), point (a), first and second indent, of Directive 2011/65/EU.

(12)

The renewed exemptions should be granted with validity periods which take into account the technical conclusions of the evaluation referred to in recital 7. The exemption set out in point 7(c)-I of Annex III to Directive 2011/65/EU should be renewed for a short-term validity period in accordance with Article 5(2), first subparagraph, of Directive 2011/65/EU. The expiry dates of the exemption set out in points 7(c)-II and the exemptions to be set out in points 7(c)-V and 7(c)-VI of Annex III to that Directive should take into account the minimum period of 18 months before the expiry date, in which renewal requests need to be submitted in accordance with Article 5(5), first subparagraph, of Directive 2011/65/EU.

(13)

Due to the remaining short-term renewal of the exemption set out in point 7(c)-I of Annex III to Directive 2011/65/EU, it is appropriate to set one expiry date for all categories of electrical and electronic equipment set out in Annex I to Directive 2011/65/EU.

(14)

The renewal of the exemptions does not weaken the environmental and health protection afforded by Regulation (EC) No 1907/2006 of the European Parliament and of the Council (6).

(15)

Directive 2011/65/EU should therefore be amended accordingly,