(1)

Part A of the Annex to Commission Implementing Regulation (EU) No 540/2011 (2) sets out the active substances deemed to have been approved under Regulation (EC) No 1107/2009.

(2)

The approval periods of the active substances Bacillus subtilis (Cohn 1872) Strain QST 713, clodinafop, clopyralid, cyprodinil, dichlorprop-P, fosetyl, mepanipyrim, metconazole, metrafenone, pirimicarb, Pseudomonas chlororaphis strain: MA 342, pyrimethanil, rimsulfuron, spinosad, thiacloprid, tolclofos-methyl, triclopyr, trinexapac, triticonazole and ziram were last extended by Commission Implementing Regulation (EU) 2018/524 (3). The approval periods of those substances will expire on 30 April 2019.

(3)

The approval periods of the active substances benfluralin, fluazinam, flutolanil and mepiquat will expire on 28 February 2019.

(4)

The approval periods of the active substances abamectin, Bacillus thuringiensis subsp. Aizawai, Bacillus thuringiensis subsp. israeliensis, Bacillus thuringiensis subsp. kurstaki, Beauveria bassiana, Cydia pomonella Granulovirus (CpGV), epoxiconazole, fenpyroximate, Lecanicillium muscarium, Metarhizium anisopliae var. Anisopliae, Phlebiopsis gigantea, Pythium oligandrum, Streptomyces K61, Trichoderma asperellum, Trichoderma atroviride, Trichoderma gamsii, Trichoderma harzianum and Verticillium albo-atrum will expire on 30 April 2019.

(5)

Applications for the renewal of the approval of those substances were submitted in accordance with Commission Implementing Regulation (EU) No 844/2012 (4).

(6)

Due to the fact that the assessment of those substances has been delayed for reasons beyond the control of the applicants, the approval of those active substances are likely to expire before a decision on the renewal of the approval has been taken. It is therefore necessary to postpone the expiry of the approval periods.

(7)

In view of the aim of the first paragraph of Article 17 of Regulation (EC) No 1107/2009, as regards cases where the Commission will adopt a Regulation providing that the approval of an active substance referred to in the Annex to this Regulation is not renewed because the approval criteria are not satisfied, the Commission will set the expiry date at the same date as before this Regulation or at the date of the entry into force of the Regulation providing that the approval of the active substance is not renewed, whichever date is later. As regards cases where the Commission will adopt a Regulation providing for the renewal of an active substance referred to in the Annex to this Regulation, the Commission will endeavour to set, as appropriate under the circumstances, the earliest possible application date.

(8)

Taking into account that the approval periods of the active substances benfluralin, fluazinam, flutolanil and mepiquat expire on 28 February 2019, this Regulation should enter into force as soon as possible.

(9)

Implementing Regulation (EU) No 540/2011 should therefore be amended accordingly.

(10)

The measures provided for in this Regulation are in accordance with the opinion of the Standing Committee on Plants, Animals, Food and Feed,

(1)

Directive 2011/65/EU requires Member States to ensure that electrical and electronic equipment placed on the market does not contain certain hazardous substances listed in Annex II to that Directive. That requirement does not apply to the applications listed in Annex III to Directive 2011/65/EU.

(2)

The different categories of electrical and electronic equipment for which Directive 2011/65/EU applies (categories 1 to 11) are listed in Annex I to that Directive.

(3)

Lead is a restricted substance listed in Annex II to Directive 2011/65/EU. The use of lead in dielectric ceramic in capacitors for a rated voltage of 125 V AC or 250 V DC or higher was, however, exempted from the restriction and is currently listed in entry 7(c)-II of Annex III to that Directive. The expiry date of that exemption was, for categories 1 to 7 and 10, 21 July 2016.

(4)

The Commission received an application for renewal of that exemption before 21 January 2015, in accordance with Article 5(5) of Directive 2011/65/EU. The exemption remains valid until a decision on that application has been adopted.

(5)

Discrete ceramic capacitors for a rated voltage of 125 V AC or 250 V DC or higher bear the capability of storing and releasing electric charges (electrostatic capacitance) and are incorporated into high voltage circuits in a wide variety of electrical and electronic equipment. They are used in all types of markets and applications, for example social infrastructure systems, industry automation, oil and mineral exploration, power conversion, high power supplies, telecommunication, and medical devices.

(6)

The function of lead in the dielectric ceramic is to obtain high dielectric constant at high operating voltage, high energy storage capability (also at high temperatures), low leakage at high voltage and high temperatures, and low loss at high current, frequency, and temperatures.

(7)

A substitution or elimination of lead is still scientifically and technically impracticable for certain ceramic capacitors due to the lack of reliable substitutes. The exemption does not weaken the environmental and health protection afforded by Regulation (EC) No 1907/2006 of the European Parliament and of the Council (2). The exemption for the use of lead in dielectric ceramic in capacitors for a rated voltage of 125 V AC or 250 V DC or higher should therefore be renewed. For reasons of clarity, it should be added in Annex III to Directive 2011/65/EU that applications covered by entries 7(c)-I and 7(c)-IV are excluded from entry 7(c)-II.

(8)

Since, for the applications concerned, no reliable alternatives are yet available on the market, the exemption for categories 1 to 7 and 10 should be renewed for the maximum duration of five years until 21 July 2021. In view of the results of the ongoing efforts to find a reliable substitution, the duration of the exemption is unlikely to have adverse impacts on innovation.

(9)

For categories other than 1 to 7 and 10, the existing exemption remains valid as per the validity periods set out in the second subparagraph of Article 5(2) of Directive 2011/65/EU. For reasons of clarity, the dates of expiry should be added in Annex III to that Directive.

(10)

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

(1)

Directive 2011/65/EU requires Member States to ensure that electrical and electronic equipment placed on the market does not contain certain hazardous substances listed in Annex II to that Directive. That requirement does not apply to the applications listed in Annex III to Directive 2011/65/EU.

(2)

The different categories of electrical and electronic equipment for which Directive 2011/65/EU applies (categories 1 to 11) are listed in Annex I to that Directive.

(3)

Lead is a restricted substance listed in Annex II to Directive 2011/65/EU. The use of lead in PZT based dielectric ceramic materials for capacitors which are part of integrated circuits or discrete semiconductors was, however, exempted from the restriction and is currently listed in entry 7(c)-IV of Annex III to that Directive. The expiry date of that exemption was 21 July 2016.

(4)

The Commission received an application for renewal of that exemption before 21 January 2015, in accordance with Article 5(5) of Directive 2011/65/EU. The exemption remains valid until a decision on that application has been adopted.

(5)

Ceramic capacitors which are part of integrated circuits or discrete semiconductors use dielectric ceramic materials based on PZT (lead-zirconium-titanate) ceramics. Lead containing PZT ceramics offer high piezoelectric effect, high dielectric constant, pyroelectric behaviour and ferroelectric properties.

(6)

A complete substitution or elimination of lead in such capacitors is still scientifically and technically impracticable due to the lack of reliable substitutes. The exemption does not weaken the environmental and health protection afforded by Regulation (EC) No 1907/2006 of the European Parliament and of the Council (2). The exemption for the use of lead in PZT based dielectric ceramic materials for capacitors which are part of integrated circuits or discrete semiconductors should therefore be renewed.

(7)

Since, for the applications concerned, no reliable alternatives are available today or are likely to be available on the market in the near future, the exemption for categories 1 to 7 and 10 should be renewed for the maximum duration of five years until 21 July 2021. In view of the results of the ongoing efforts to find a reliable substitution, the duration of the exemption is unlikely to have adverse impacts on innovation.

(8)

For categories other than 1 to 7 and 10, the existing exemption remains valid as per the validity periods set out in the second subparagraph of Article 5(2) of Directive 2011/65/EU. For reasons of clarity, the dates of expiry should be added in Annex III to that Directive.

(9)

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

(1)

Directive 2011/65/EU requires Member States to ensure that electrical and electronic equipment placed on the market does not contain certain hazardous substances listed in Annex II to that Directive. That requirement does not apply to the applications listed in Annex III to Directive 2011/65/EU.

(2)

The different categories of electrical and electronic equipment for which Directive 2011/65/EU applies (categories 1 to 11) are listed in Annex I to that Directive.

(3)

Cadmium is a restricted substance listed in Annex II to Directive 2011/65/EU. The use of cadmium and its compounds in electrical contacts was, however, exempted from the restriction and is currently listed in entry 8(b) of Annex III to that Directive. The expiry date of that exemption was, for categories 1 to 7 and 10, 21 July 2016.

(4)

The Commission received an application for renewal of that exemption before 21 January 2015, in accordance with Article 5(5) of Directive 2011/65/EU. The exemption remains valid until a decision on that application has been adopted.

(5)

Electrical contact materials containing cadmium are used in many electromechanical devices as components which can carry current intermittently through contact surfaces. Devices concerned are in particular power switching of electric motors, relays and contactors, switches for power tools, appliance switches, circuit breakers for switching equipment, power packs, occupancy/time delay sensors, and lighting control panels.

(6)

Cadmium in electrical contacts provides essential properties such as superior performance, arc-quenching, higher conductivity, less contact erosion and relatively easy manufacture compared to the alternatives.

(7)

For certain applications covered by the current exemption, a substitution or elimination of cadmium is still scientifically and technically impracticable due to the lack of reliable substitutes or requires more time to ensure the reliability of the available substitutes. The exemption does not weaken the environmental and health protection afforded by Regulation (EC) No 1907/2006 of the European Parliament and of the Council (2). It should therefore be renewed for those particular applications.

(8)

For all other applications currently covered by the exemption, the conditions for renewal are not fulfilled. The exemption for those applications should continue to apply for 12 months after the date of entry into force of this Delegated Directive in accordance with Article 5(6) of Directive 2011/65/EU.

(9)

Since, for the applications concerned by that renewal, no reliable alternatives are available on the market or more time is needed to ensure the reliability of such alternatives, the exemption for those applications should be renewed for categories 1 to 7 and 10 for the maximum duration validity period of five years until 21 July 2021. In view of the results of the ongoing efforts to find a reliable substitution, the duration of the exemption is unlikely to have adverse impacts on innovation.

(10)

For categories other than 1 to 7 and 10, the existing exemption remains valid as per the validity periods set out in the second subparagraph of Article 5(2) of Directive 2011/65/EU. For reasons of clarity, the dates of expiry should be added in Annex III to that Directive.

(11)

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

(1)

Directive 2011/65/EU requires Member States to ensure that electrical and electronic equipment placed on the market does not contain certain hazardous substances listed in Annex II to that Directive. That requirement does not apply to the applications listed in Annex III to Directive 2011/65/EU.

(2)

The different categories of electrical and electronic equipment for which Directive 2011/65/EU applies (categories 1 to 11) are listed in Annex I to that Directive.

(3)

Lead is a restricted substance listed in Annex II to Directive 2011/65/EU. The use of lead in solders to complete a viable electrical connection between semiconductor die and carrier within integrated circuit flip chip packages was, however, exempted from the restriction and is currently listed in entry 15 of Annex III to that Directive. The expiry date of that exemption was, for categories 1 to 7 and 10, 21 July 2016.

(4)

The Commission received an application for renewal of that exemption before 21 January 2015, in accordance with Article 5(5) of Directive 2011/65/EU. The exemption remains valid until a decision on that application has been adopted.

(5)

Leaded solders are used in flip chip connections as bumps and solders for attaching the die to the chip carrier. The solders must be resistant to electromigration failure at the extremely high current densities required and able to create a solder hierarchy that allows staged assembly and rework of components in the manufacturing process. They must also have high ductility to reduce thermo-mechanical stress in under bump metallurgy structures, in particular in larger dies.

(6)

For certain applications covered by the current exemption, a substitution or elimination of lead is still scientifically and technically impracticable due to the lack of reliable substitutes. The exemption does not weaken the environmental and health protection afforded by Regulation (EC) No 1907/2006 of the European Parliament and of the Council (2). It should therefore be renewed for those particular applications.

(7)

For all other applications currently covered by the exemption, the conditions for renewal are not fulfilled. The exemption for those applications should continue to apply for 12 months after the date of entry into force of this Delegated Directive in accordance with Article 5(6) of Directive 2011/65/EU.

(8)

Since, for the applications concerned by that renewal, no reliable alternatives are available on the market, the exemption for those applications should be renewed for categories 1 to 7 and 10 for the maximum duration of five years until 21 July 2021. In view of the results of the ongoing efforts to find a reliable substitution, the duration of the exemption is unlikely to have adverse impacts on innovation.

(9)

For categories other than 1 to 7 and 10, the existing exemption remains valid as per the validity periods set out in the second subparagraph of Article 5(2) of Directive 2011/65/EU. For reasons of clarity, the dates of expiry should be added in Annex III to that Directive.

(10)

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

(1)

Directive 2011/65/EU requires Member States to ensure that electrical and electronic equipment placed on the market does not contain certain hazardous substances listed in Annex II to that Directive. That requirement does not apply to the applications listed in Annex III to Directive 2011/65/EU.

(2)

The different categories of electrical and electronic equipment for which Directive 2011/65/EU applies (categories 1 to 11) are listed in Annex I to that Directive.

(3)

Lead and cadmium are restricted substances listed in Annex II to Directive 2011/65/EU. The use of lead and cadmium in certain printing applications for glasses was, however, exempted from the restriction and is currently listed in entry 21 of Annex III to that Directive. The expiry date of that exemption was, for categories 1 to 7 and 10, 21 July 2016.

(4)

The Commission received an application for renewal of that exemption before 21 January 2015, in accordance with Article 5(5) of Directive 2011/65/EU. The exemption remains valid until a decision on that application has been adopted.

(5)

Lead and cadmium in printing inks applied to glass provide a durable product marking, especially on the glass bulb of lamps. The marking serves several purposes such as European conformity (CE) and Waste Electrical and Electronic Equipment (WEEE) marking, identifying the producer and the lamp type and wattage, which is relevant for safety, correct lamp replacement and recycling. The durability of the marking is important to maintain the legibility of product markings throughout product-lifetime, as required by legislations and product safety standards.

(6)

Lead provides essential properties such as good adhesion, lower enamelling temperatures, higher durability and opacity.

(7)

Cadmium is used to achieve certain hues of the enamel in various application areas, including applications for safety and warning purposes where certain hues are considered to increase visibility. It also provides important filtering functions.

(8)

A substitution or elimination of lead is still scientifically and technically impracticable for certain applications covered by the current exemption with regard to categories 1 to 7 and 10 due to the lack of reliable substitutes. The exemption does not weaken the environmental and health protection afforded by Regulation (EC) No 1907/2006 of the European Parliament and of the Council (2). The exemption should therefore be renewed for those particular applications and categories.

(9)

A substitution or elimination of cadmium is still scientifically and technically impracticable for certain applications covered by the current exemption with regard to categories 1 to 7 and 10 due to the lack of reliable substitutes. The exemption does not weaken the environmental and health protection afforded by Regulation (EC) No 1907/2006. The exemption should therefore be renewed for those particular applications and categories.

(10)

For all other applications currently covered by the exemption, the conditions for renewal are not fulfilled. The exemption for those applications should continue to apply for 12 months after the date of entry into force of this Delegated Directive in accordance with Article 5(6) of Directive 2011/65/EU.

(11)

Since for the lead containing applications concerned by the renewal, no reliable alternatives are available on the market, the exemption for those applications should be renewed for categories 1 to 7 and 10 for the maximum duration of five years until 21 July 2021. In view of the results of the ongoing efforts to find a reliable substitution, the duration of the exemption is unlikely to have adverse impacts on innovation.

(12)

Since for the cadmium containing applications concerned by the renewal, no reliable alternatives are available on the market, the exemption for those applications should be renewed for categories 1 to 7 and 10 for the maximum duration of five years until 21 July 2021. In view of the results of the ongoing efforts to find a reliable substitution, the duration of the exemption is unlikely to have adverse impacts on innovation.

(13)

For categories other than 1 to 7 and 10, the existing exemption remains valid as per the validity periods set out in the second subparagraph of Article 5(2) of Directive 2011/65/EU. For reasons of clarity, the dates of expiry should be added in Annex III to that Directive.

(14)

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

(1)

Directive 2011/65/EU requires Member States to ensure that electrical and electronic equipment placed on the market does not contain certain hazardous substances listed in Annex II to that Directive. That requirement does not apply to the applications listed in Annex III to Directive 2011/65/EU.

(2)

The different categories of electrical and electronic equipment for which Directive 2011/65/EU applies (categories 1 to 11) are listed in Annex I to that Directive.

(3)

Lead is a restricted substance listed in Annex II to Directive 2011/65/EU. The use of lead bound in crystal glass as defined in Annex I (Categories 1, 2, 3 and 4) to Council Directive 69/493/EEC (2) was, however, exempted from the restriction and is currently listed in entry 29 of Annex III to Directive 2011/65/EU. The expiry date of that exemption was, for categories 1 to 7 and 10, 21 July 2016.

(4)

The Commission received an application for renewal of that exemption before 21 January 2015, in accordance with Article 5(5) of Directive 2011/65/EU. The exemption remains valid until a decision on that application has been adopted.

(5)

Lead oxides (PbO or Pb3O4) are used as an intermediate for the chemical synthesis of lead crystal glass (LCG). LCG is used in electrical and electronic equipment because its unique combinations of processing (cooling time, working range), optical (refractive index, dispersion) and decorative (Vicker's hardness) properties allows the manufacturing of electrical and electronic articles which could not be produced otherwise, such as specific luminaires and chandeliers, electrified mirrors, clocks and watches, digital photo frames and building materials (illuminated blocks).

(6)

A substitution or elimination of lead in crystal glass is still scientifically and technically impracticable due to the lack of reliable substitutes. The exemption does not weaken the environmental and health protection afforded by Regulation (EC) No 1907/2006 of the European Parliament and of the Council (3). The exemption for the use of lead bound in crystal glass as defined in Annex I (Categories 1, 2, 3 and 4) to Directive 69/493/EEC should therefore be renewed for categories 1 to 7 and 10.

(7)

Since reliable alternatives for the applications concerned are not yet available on the market or are likely to be available on the market in the near future, the exemption for categories 1 to 7 and 10 should be renewed for the maximum duration of five years until 21 July 2021. In view of the results of the ongoing efforts to find a reliable substitution, the duration of the exemption is unlikely to have adverse impacts on innovation.

(8)

For categories other than 1 to 7 and 10, the existing exemption remains valid as per the validity periods set out in the second subparagraph of Article 5(2) of Directive 2011/65/EU. For reasons of clarity, the dates of expiry should be added in Annex III to that Directive.

(9)

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

(1)

Directive 2011/65/EU requires Member States to ensure that electrical and electronic equipment placed on the market does not contain certain hazardous substances listed in Annex II to that Directive. That requirement does not apply to the applications listed in Annex III to Directive 2011/65/EU.

(2)

The different categories of electrical and electronic equipment for which Directive 2011/65/EU applies (categories 1 to 11) are listed in Annex I to that Directive.

(3)

Lead is a restricted substance listed in Annex II to Directive 2011/65/EU. The use of lead oxide in seal frit used for making window assemblies for Argon and Krypton laser tubes was, however, exempted from the restriction and is currently listed in entry 32 of Annex III to that Directive. The expiry date of that exemption was, for categories 1 to 7 and 10, 21 July 2016.

(4)

The Commission received an application for renewal of that exemption before 21 January 2015, in accordance with Article 5(5) of Directive 2011/65/EU. The exemption remains valid until a decision on that application has been adopted.

(5)

Lead-containing laser products are used as coherent light sources in a broad range of critical scientific and industrial applications, such as spectroscopy, microscopy and holography. Lead oxide-based material in Argon and Krypton laser products provides a critical thermo-mechanically stable and vacuum-tight seal between the optics and laser tube.

(6)

A substitution or elimination of lead is still scientifically and technically impracticable for Argon and Krypton laser tubes due to the lack of reliable substitutes. The exemption does not weaken the environmental and health protection afforded by Regulation (EC) No 1907/2006 of the European Parliament and of the Council (2). The exemption for the use of lead oxide in seal frit used for making window assemblies for Argon and Krypton laser tubes should therefore be renewed for categories 1 to 7 and 10.

(7)

Since, for the applications concerned, no reliable alternatives are available today or are likely to be available on the market in the near future, the exemption for categories 1 to 7 and 10 should be renewed for the maximum duration of five years until 21 July 2021. In view of the results of the ongoing efforts to find a reliable substitution, the duration of the exemption is unlikely to have adverse impacts on innovation.

(8)

For categories other than 1 to 7 and 10, the existing exemption remains valid as per the validity periods set out in the second subparagraph of Article 5(2) of Directive 2011/65/EU. For reasons of clarity, the dates of expiry should be added in Annex III to that Directive.

(9)

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

(1)

Directive 2011/65/EU requires Member States to ensure that electrical and electronic equipment placed on the market does not contain certain hazardous substances listed in Annex II to that Directive. That requirement does not apply to the applications listed in Annex III to Directive 2011/65/EU.

(2)

The different categories of electrical and electronic equipment for which Directive 2011/65/EU applies (categories 1 to 11) are listed in Annex I to that Directive.

(3)

Lead is a restricted substance listed in Annex II to Directive 2011/65/EU. The use of lead in the plating layer of high voltage diodes on the basis of a zinc borate glass body was, however, exempted from the restriction and is currently listed in entry 37 of Annex III to that Directive. The expiry date of that exemption was, for categories 1 to 7 and 10, 21 July 2016.

(4)

The Commission received an application for renewal of that exemption before 21 January 2015, in accordance with Article 5(5) of Directive 2011/65/EU. The exemption remains valid until a decision on that application has been adopted.

(5)

High voltage diodes (HVD) are used in external power supplies of IT and telecommunication equipment and for automotive applications. During the manufacturing process of HVD, lead contained in the glass beads dissolves into the plating solution, which results in approximately 2,5 % of lead content in the plating layer of the diodes. Thus, the lead is not added intentionally but is the result of the contamination from the lead-containing glass.

(6)

Avoiding the contamination of the plating layer of HVD is scientifically and technically impracticable and no reliable substitutes are available on the market. The exemption does not weaken the environmental and health protection afforded by Regulation (EC) No 1907/2006 of the European Parliament and of the Council (2). The exemption for the use of lead in the plating layer of high voltage diodes on the basis of a zinc borate glass body should therefore be renewed for categories 1 to 7 and 10.

(7)

Since eliminating lead by avoiding lead contamination for the applications concerned is still impracticable and no reliable substitutes are available on the market, the exemption for categories 1 to 7 and 10 should be renewed for the maximum duration of five years until 21 July 2021. In view of the results of the ongoing efforts to find a reliable substitution, the duration of the exemption is unlikely to have adverse impacts on innovation.

(8)

For categories other than 1 to 7 and 10, the existing exemption remains valid as per the validity periods set out in the second subparagraph of Article 5(2) of Directive 2011/65/EU. For reasons of clarity, the dates of expiry should be added in Annex III to that Directive.

(9)

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

(1)

Directive 2011/65/EU requires Member States to ensure that electrical and electronic equipment placed on the market does not contain certain hazardous substances listed in Annex II to that Directive. That requirement does not apply to the applications listed in Annex III to Directive 2011/65/EU.

(2)

The different categories of electrical and electronic equipment for 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 use of lead as activator in the fluorescent powder (1 % lead by weight or less) of discharge lamps when used as sun tanning lamps containing phosphors such as BSP (BaSi2O5:Pb) was, however, exempted from the restriction and is as such currently listed in entry 18(b) of Annex III to that Directive. The original expiry date of that exemption was, for categories 1 to 7 and 10, 21 July 2016, in accordance with the second subparagraph of Article 5(2) of that Directive.

(4)

The Commission received an application for renewal of that exemption before 21 January 2015, in accordance with the first subparagraph of Article 5(5) of Directive 2011/65/EU. That exemption remains valid until a decision on that application has been adopted, in accordance with the second subparagraph of that Article.

(5)

Moreover, the Commission received in January 2015 a request no. 2015-3 for a new exemption to be added to Annex IV for discharge lamps when used as phototherapy lamps (medical equipment) containing phosphors. As the assessment showed that it is mechanically possible that a lamp intended for medical use can fit in tanning equipment and vice versa, it was decided to merge these exemption requests under the assessment of exemption under entry 18(b) in Annex III.

(6)

Lead activator in the fluorescent powder is required to allow the barium silicate phosphor to fluoresce. It transforms the 254 nm radiation to the designed UV (290 nm-400 nm) radiation and it is used in over 95 % of the indoor low pressure mercury vapour fluorescent lamps in tanning and certain medical applications. It provides UV intensity at the wavelength of 350 nm that is crucial in order to initiate skin pigmentation.

(7)

Tanning equipment is strictly regulated in the Union and any possible alternative to lead would have to fulfil criteria on reliability, safety and health risk concerns. Currently, there are no such alternatives available.

(8)

Due to the lack of reliable substitutes, a substitution or elimination of lead is still scientifically and technically impracticable for certain discharge lamps containing phosphors. The exemption is consistent with Regulation (EC) No 1907/2006 of the European Parliament and of the Council (2) and thus does not weaken the environmental and health protection afforded by it. The exemption for the use of lead as activator in the fluorescent powder (1 % lead by weight or less) of discharge lamps when used as sun tanning lamps containing phosphors should therefore be renewed.

(9)

Since, for the applications concerned, no reliable alternatives are yet available on the market, the exemption for categories 1 to 7 and 10 of Annex I to Directive 2011/65/EU should be renewed for the maximum validity period of five years until 21 July 2021. In view of the results of the ongoing efforts to find a reliable substitution, the duration of the exemption is unlikely to have adverse impacts on innovation.

(10)

For categories other than 1 to 7 and 10 of Annex I to Directive 2011/65/EU, the existing exemption remains valid as per the validity periods set out in the second subparagraph of Article 5(2) of Directive 2011/65/EU. For reasons of legal clarity, the dates of expiry should be specified in Annex III to that Directive.

(11)

In view of request no. 2015-3 and the fact that it is mechanically possible for a lamp intended for medical use to fit in tanning equipment and vice versa, a new sub-entry 18(b)-I should be added in Annex III to Directive 2011/65/EU specific to medical applications with the exception of those covered by entry 34 of Annex IV to Directive 2011/65/EU. This sub-entry should apply to categories 5 and 8 and be valid until 21 July 2021.

(12)

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

(1)

Directive 2011/65/EU requires Member States to ensure that electrical and electronic equipment placed on the market does not contain certain hazardous substances listed in Annex II to that Directive. That requirement does not apply to the applications listed in Annex III to Directive 2011/65/EU.

(2)

The different categories of electrical and electronic equipment for 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 Commission received, in accordance with Article 5(3) of Directive 2011/65/EU, in July 2015 an application for granting an exemption for category 11, to be listed in Annex III, for use of lead in bearings and bushes of diesel or gaseous fuel powered internal combustion engines applied in non-road professional use equipment.

(4)

Lead containing bearings and bushes are necessary to achieve satisfactory reliability in terms of seizure resistance, conformability, embedability and debris resistance in large size engines and those operating in harsh or demanding environments to be used in professional use non-road equipment, such as mobile air compressors, mobile welding equipment and mobile cranes.

(5)

Currently, there are no lead-free alternatives available on the market which would provide sufficient level of reliability for application areas of professional use non-road equipment engines.

(6)

Due to the lack of reliable substitutes, a substitution or elimination of lead is scientifically and technically impracticable for certain professional use non-road equipment engines. The exemption is consistent with Regulation (EC) No 1907/2006 of the European Parliament and of the Council (2) and thus does not weaken the environmental and health protection afforded by it. The exemption for the use of lead in bearings and bushes of certain diesel or gaseous fuel powered internal combustion engines applied in non-road professional use equipment should therefore be granted, adding a new entry 42 to Annex III to Directive 2011/65/EU. To avoid overlapping scopes of exemptions within Annex III and to ensure legal clarity, it should be added that applications covered by entry 6(c) of Annex III are excluded from the new entry 42 to Annex III to Directive 2011/65/EU.

(7)

Since, for the applications concerned, no reliable alternatives are yet available on the market or are likely to be available on the market in the near future, the exemption for category 11 of Annex I to Directive 2011/65/EU should be granted for the maximum validity period of five years starting from 22 July 2019, which is the date that category 11 enters into the scope of Article 4(1) of Directive 2011/65/EU. In view of the results of the ongoing efforts to find a reliable substitution, the duration of the exemption is unlikely to have adverse impacts on innovation.

(8)

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

(1)

On 11 February 2014 Colombia submitted to the Union its request to add new geographical indications to Appendix 1 to Annex XIII to the Agreement pursuant to Article 209 of the Agreement. The Union has completed the objection procedure and the examination of nine new geographical indications of Colombia.

(2)

On 5 October 2018, pursuant to Article 257(2) of the Agreement, the Sub-Committee on Intellectual Property, in a session between the EU Party and Colombia, assessed the information in relation to the nine new geographical indications of Colombia and proposed to the Trade Committee to modify Appendix 1 to Annex XIII to the Agreement accordingly.

(3)

Appendix 1 to Annex XIII to the Agreement should therefore be modified.

(4)

The decision to modify Appendix 1 to Annex XIII to the Agreement may be adopted in a session of the Trade Committee between the Union Party and Colombia, pursuant to Article 14(3) of the Trade Agreement, as it relates exclusively to the bilateral relationship between them and does not affect the rights and obligations of another signatory Andean Country,