This document is an excerpt from the EUR-Lex website
Restriction on the use of certain hazardous substances in electrical and electronic equipment
It strengthens existing rules on the use of hazardous substances, such as lead, mercury and cadmium, in electrical and electronic equipment (EEE) to protect human health and the environment, in particular by enabling environmentally sound recovery and waste treatment of EEE.
The recast legislation updates Directive 2002/95/EC which restricted the use of certain hazardous substances in EEE by, among other things, extending restrictions in the use of hazardous substances to a wider range of EEE.
The restrictions do not apply to a range of items such as weapons, space equipment, large-scale stationary industrial tools (for example, printing presses, milling and drilling machines) and fixed installations (for example, electricity generators). Also exempt are photovoltaic panels.
Directive (EU) 2017/2102 amends Directive 2011/65/EU to address a number of issues, to avoid unintended consequences of the legislation because of the open scope introduced in 2011.
It excludes pipe organs and some non-road mobile machinery from its scope.
It also seeks to boost the circular economy by removing the ban on secondary market operations (which involve the repair, replacement of spare parts, refurbishment and reuse, and retrofitting) for EEE that fell outside the scope of the previous Directive 2002/95/EC, but which would not comply with Directive 2011/65/EU.
Reused spare parts, recovered from EEE, can be exempted provided that reuse takes place in auditable closed-loop business-to-business return systems, and that the reuse of spare parts is notified to the consumer.
Adaptation and review
It has applied since 21 July 2011. Directive 2011/65/EU revised and replaced Directive 2002/95/EC (and its subsequent amendments) which had to become law in the EU countries by 2004. The new rules in Directive 2011/65/EU had to become law in the EU countries by 2013.
For more information, see:
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 (recast) (OJ L 174, 1.7.2011, pp. 88-110)
Successive amendments to Directive 2011/65/EU have been incorporated into the original document. This consolidated version is of documentary value only.
last update 03.09.2021