(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)

Cadmium is a restricted substance listed in Annex II to Directive 2011/65/EU. The maximum tolerated concentration value is 0,01 % by weight of cadmium in homogenous materials.

(3)

By Delegated Directive (EU) 2017/1975 (2), the Commission granted an exemption for the use of cadmium selenide in downshifting semiconductor nanocrystal quantum dots for use in display lighting applications (‘the current exemption’), which is listed in entry 39(a) of Annex III to Directive 2011/65/EU. The exemption was to expire on 31 October 2019.

(4)

On 29 September 2017, 29 April 2018 and 30 April 2018, the Commission received applications for amending the current exemption (‘the applications’), that is within the time limit laid down in Article 5(5) of Directive 2011/65/EU. In accordance with Article 5(5), second subparagraph, of Directive 2011/65/EU, an exemption remains valid until a decision on the renewal application has been taken.

(5)

The evaluation of the applications, which took into account the availability of substitutes and the socioeconomic impact of substitution, included a technical and scientific assessment study (3) and a follow-up study (4). The evaluation also included stakeholder consultations in accordance with Article 5(7) of Directive 2011/65/EU. The comments received during those consultations were made publicly available on a dedicated website.

(6)

The current exemption does not distinguish between different configurations regarding the way the cadmium-based material is embedded in the quantum dot. The evaluation found that applications with the so-called on-edge and on-surface configurations no longer meet the conditions set out in Article 5(1), point (a), of Directive 2011/65/EU. The so-called on-chip configuration requires the lowest amount of cadmium and shows better performance levels.

(7)

The evaluation further concluded that alternatives to ‘on-chip’ technology applicable in lighting applications are currently available that are reliable and that achieve similar performance levels. For those applications, the evaluation concluded that the benefits of an exemption would not outweigh the negative environmental, health and consumer safety impacts thereof. The conditions set out in Article 5(1), point (a), of Directive 2011/65/EU are therefore not met for the ‘on-chip’ technology applicable in lighting applications.

(8)

The evaluation further concluded that many alternatives to ‘on-chip’ technology applicable in display applications are currently available, however, for some specific technologies, such as micro displays, no reliable alternative currently exists. For those specific display applications, even though substitutes are under development, the condition set out in Article 5(1), point (a), second indent, of Directive 2011/65/EU is met, namely that the reliability of substitutes is not ensured.

(9)

‘On-chip’ configuration can also result in less cadmium per device, in particular for liquid crystal displays, compared to ‘on-surface’ configurations, which uses less than 0,01 % by weight of cadmium in homogenous material. Due to greater energy efficiency and lower use of total cadmium, the environmental benefits outweigh the total negative environmental, health and consumer safety impacts caused by a substitution of cadmium. The limited scope of the exemption sought in the applications, in the form of a maximum concentration of cadmium per device, would ensure that less cadmium is placed on the market than under the current exemption. The condition set out in Article 5(1), point (a), third indent, of Directive 2011/65/EU is therefore fulfilled.

(10)

The exemption is consistent with Regulation (EC) No 1907/2006 of the European Parliament and of the Council (5) and does not weaken the environmental and health protection afforded by it.

(11)

It is therefore appropriate to grant the exemption for cadmium in downshifting semiconductor nanocrystal quantum dots directly deposited on LED semiconductor chips for use in display and projection applications. It is expected that alternatives for those cadmium quantum dot applications might be available by the end of 2027. Both positive effects on innovations (e.g. miniaturisation) as well as negative effects on innovation (e.g. fewer incentives for the development of cadmium free alternatives) are taken into account here. It is therefore appropriate to limit the duration of the exemption until that date in accordance with Article 5(2) of Directive 2011/65/EU.

(12)

An expiry date for the current exemption should be set in accordance with Article 5(6) of Directive 2011/65/EU. In order to allow sufficient time for industry and in view of global supply chains for such products, it is appropriate to set the maximum possible expiry date of 18 months following the decision for the current exemption.

(13)

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