欧盟Eurlex法规详细信息

(1)

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)

Mercury is a restricted substance listed in Annex II to Directive 2011/65/EU.

(4)

By Decision 2010/571/EU (2), the Commission granted, among other things, an exemption for the use of mercury in High Pressure Sodium (vapour) lamps for general lighting purposes not exceeding (per burner) in lamps with improved colour rendering index Ra > 60 (‘the exemption’), which is now listed as exemption 4(b)-I, 4(b)-II and 4(b)-III in Annex III to Directive 2011/65/EU. The exemption was to expire on 21 July 2016, in accordance with Article 5(2), second subparagraph, point (a), of that Directive.

(5)

Mercury is used in High Pressure Sodium (vapour) lamps for light colour and colour rendering properties.

(6)

In January 2015, the Commission received an application for renewal of the exemption for applications in entries 4(b)-I, 4(b)-II and 4(b)-III (‘the renewal application’), that is within the time limit laid down in Article 5(5) of Directive 2011/65/EU. In January 2020, the same applicant submitted an updated renewal application concerning entry 4(b)-I only. In accordance with Article 5(5) of Directive 2011/65/EU, the exemption remains valid until a decision on the renewal application has been taken.

(7)

The evaluation of the renewal application, which took into account the availability of substitutes and the socioeconomic impact of substitution, concluded that the substitution or elimination of mercury in the applications concerned was scientifically and technically practicable as concerns a part of entry 4(b)-I, as well as entries 4(b)-II and 4(b)-III of Annex III to Directive 2011/65/EU. The evaluation concluded nevertheless that the exemption should be renewed for the part of entry 4(b)-I which concerns lamps with a high colour rendering higher than 80, equal to or lower than 105W and that, whilst the use of mercury is still necessary, that can be further lowered. The evaluation 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.

(8)

It is therefore appropriate to renew part of exemption 4(b)-I, and renumber it as exemption entry 4(b), for a maximum period of 5 years in accordance with Article 5(2), first subparagraph, of Directive 2011/65/EU. This renewed exemption shall have a revised wording setting out the further limited scope of the exemption. 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)

The renewed exemption is consistent with Regulation (EC) No 1907/2006 of the European Parliament and of the Council (3) and thus does not weaken the environmental and health protection afforded by it.

(10)

As the conditions for the renewal of the exemption, set out in Article 5(1), point (a), of Directive 2011/65/EU, are no longer fulfilled for the applications listed in the remainder of entry 4(b)-I as well as in entries 4(b)-II and 4(b)-III of Annex III to that Directive, the exemption for those applications should be revoked. Expiry dates for those exemptions should be set in accordance with Article 5(6) of Directive 2011/65/EU.

(11)

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