EN   EN 
 
 
 EUROPEAN  
COMMISSION   
Brussels, XXX   
[…](2020) XXX  draft  
 
COMMISSION DELEGATED DIRECTIVE (EU) .../…  
of XXX  
amending, for the purposes of adapting to scientific and technical progress, Annex III to 
Directive  2011/65/EU of the European Parliament and of the Council as regards an 
exemption for the use of certain lead and hexavalent chromium compounds in electric 
and electronic initiators of explosives for civil (professional) use  
(Text with EEA relevance)   EN 1  EN EXPLANATORY MEMORANDUM  
1. CONTEXT  OF THE  DELEGATED  ACT  
This Commission Delegated Directive amends, for the purpose of adapting to technical 
progress, Annex III of Directive 2011/65/EU of the European Parliament and of the Council 
on the restriction of the use of certain hazardous substances in electrical and electronic 
equipment  (recast)1 (RoHS) as regards an e xemption for specific applications containing lead 
and hexavalent chromium . 
RoHS restricts the use of certain hazardous substances in electrical and electronic equipment , 
as provided for in its Article 4.  It entered into force on 21 July 2011.  
The currentl y restricted substances as listed in Annex II to RoHS  are the following: lead, 
mercury, cadmium, hexavalent chromium, polybrominated biphenyls  (PBB) , polybrominated 
diphenyl ethers  (PBDE),  bis(2 -ethylhexyl) phthalate (DEHP), butyl benzyl phthalate  (BBP), 
dibutyl phthalate (DBP) and diisobutyl phthalate (DIBP) . Annexes III and IV to RoHS  list the 
materials and components of electrical and electronic equipment (EEE) for specific 
applications exempted from the substance restriction of RoHS Article 4(1 ). 
Article 5 provides  for the adaptation to scientific and technical progress (inclusion,  renewal, 
amendments and revoking  of exemptions) of Annexes III and IV. Pursuant to Article  5(1)(a), 
exemptions are to be included in Annexes III and IV  only if such i nclusion does not weaken 
the environmental and health protection afforded by Regulation  (EC)  No 1907/2006  
(REACH)2 and where any of the following conditions is fulfilled: their elimination or 
substitution via design changes or materials and components whic h do not require any of the 
materials or substances listed in Annex II is scientifically or technically impracticable; the 
reliability of substitutes is not ensured; or the total negative environmental, health and 
consumer safety impacts caused by substitu tion are likely to outweigh the total environmental, 
health and consumer safety benefits thereof.   
Decisions on exemptions, and their duration, are furthermore to take into account the 
availability of substitutes and the socioeconomic impact of substitutio n; and decisions on the 
duration of exemptions shall take into account any potential impact on innovation. Life -cycle 
thinking on the overall impacts of the exemption shall apply, where relevant.  
Furthermore, Article 5(1) provides that the European Commis sion (the Commission) shall 
include materials and components of EEE for specific appli cations in the lists in Annexes  III 
and IV by means of individual delegated acts in accordance with Article  20. Article 5(3) and 
Annex V establish the procedure for submi tting applications for granting, renewing, or 
revoking an exemption.  
2. CONSULTATIONS  PRIOR  TO THE  ADOPTION  OF THE  ACT  
Since the publication of the RoHS Directive , the Commission has received numerous3 
requests from economic operators, according to the provisi ons in Article 5(3) and Annex V, 
for both granting new and renewing existing exemptions.  
The Commission received a request  for a new  exemption for use of lead and hexavalent 
chromium compounds in electric and electronic initiators of explosives for civil (professional) 
use in January  2018 (request no. 2018 -2). 
                                                 
1 OJ L 174, 1.7.2011, p. 88.  
2 OJ L 396, 30.12.2006, p. 1. 
3 The list is given at: http://ec.europa.eu/environment/waste/rohs_eee/adaptation_en.htm  EN 2  EN With a view to evaluat ing the application  for exemption , the Commission launched a study to 
carry out the required technical and scientific assessment,  including a seven -week online 
open -ended stakeholder consultation4 on the application. Two contribution s were made to the 
stakeholder consultation.  
The final report containing the assessment of the application was published5; stakeholders 
were notified.  
Subsequently, the Commission consulted the Member States expert group  for delegated acts 
under RoHS  during an expert meeting on 21 October  2019. The experts agreed with the draft 
presented, with a large group  of experts remain ing silent . All necessary steps relating to 
exemptions from the substance restriction pursuant to Article s 5(3) to 5(7) have been 
performed .6 The Council and the European Parliament were notified of all activities.  
The final report  highlighted in particular the follow ing technical information and assessment : 
 Electric and electronic initiators (EEI) are a part of electric and electronic detonators 
that are primarily used for mining of minerals (e.g. building sto nes, ores and precious 
metals) as well as for construction and demolition activities (e.g. tunnelling, 
demolition of chimneys and buildings). EEI are also used in components of 
integrated rescue systems to deal with  e.g. impacts after floods, snow -caps, ice -
bumps or fallen trees . Lead and hexavalent chromium compo unds are contained in 
essential parts of the EEI, such as electric fuseheads, primary explosive charges and 
pyrotechnic delay charges.  
 Currently, there are no alternatives for lead diazide, lead styphnate, lead dipicramate, 
orange lead (lead tetroxide), le ad dioxide in EEI and for barium chromate in long 
time pyrotechnic delay charges of EEI available on the market which would meet  all 
essential requirements to ensure safe operation  of EEI.  
The applications concerned by the exemption request fall in category 117; the exemption 
request therefore relates to Annex III of Directive 2011/65/EU. To ensure that the requested 
exemption does not  weaken the environmental and health protection afforded b y the REACH 
Regulation,  in accordance with Article 5 of Directive 2011/65/EU , the relevant lead and 
hexavalent chromium compounds shall be specified in the wording of the exemption . 
Furthermore, at least one of the relevant criteria specified in Article 5( 1)(a) is met by the 
exemption request : Since f or the applications concerned,  no reliable alternatives are available 
today or are likely to come on the market soon, granting the exemption with the maximum 
validity period of five years is  justified . As relia ble substitutes are not yet available, no 
negative socioeconomic impacts of substitution are to be anticipated for this period . The 
granted validity period is also not expected to have adverse impacts on innovation .  
                                                 
4 Consultation period : from 31 October 2018 until 19 December 2018 . 
5 https://op.europa.eu/en/publication -detail/ -/publication/7e6bf135 -f0b9-11e9 -a32c -
01aa75ed71a1/language -en/format -PDF/source -120742148    
6 A list of  the required administrative  steps is available on the Commission website . Current stage of the 
procedure can be viewed for each draft delegated act in the Interinstitutional Registry of Delegated Acts 
at https://webgate.ec.europa.eu/regdel/#/home . 
7 The categories listed in Annex I of Directive 2011/65/EU are namely: 1. Large household appliances; 2. 
Small household appliances; 3. IT and telecommunications equipment; 4. Consumer equipment; 5. 
Lighting equi pment; 6. Electrical and electronic tools; 7. Toys, leisure and sports equipment; 8. Medical 
devices; 9. Monitoring and control instruments including industrial monitoring and control instruments; 
10. Automatic dispensers; 11. Other EEE not covered by any of the categories above.  EN 3  EN 3. LEGAL  ELEMENTS  OF THE  DELEGATED  ACT  
The Delegated Directive grants an exemption from the restri ctions in Article 4(1), to be listed 
in Annex III of Directive  2011/65/EU, for the use of  specific lead and hexavalent chromium 
compounds  in specific applications.  
The inst rument is a Delegated Directive, as provided for by Directive 2011/65/EU, and in 
particular meeting the relevant requirements of Article 5(1)(a) thereof.  
The objective of the Delegated Directive  is to contribute to the protection of human health and 
the environment and approximate the provisions for the functioning of the internal market in 
the field of electrical and electronic equipment , by allowing the use of otherwise banned 
substances for specific applications, in line with the provisions and under the  conditions of 
RoHS  and the therein established procedure for the adaptation of the Annexes  III and IV  to 
scientific and technical progress.  
In accordance with the principle of proportionality, the measure does not go beyond what is 
necessary to achieve it s objective.  
The proposal has no implications for the EU budget.  EN 4  EN COMMISSION DELEGATED DIRECTIVE (EU) .../…  
of XXX  
amending, for the purposes of adapting to scientific and technical progress, Annex III to 
Directive  2011/65/EU of the European Parliament and of the Council as regards an 
exemption for the use of certain lead and hexavalent chromium compounds in electric 
and electronic initiators of explosives for civil (professional) use  
(Text wit h EEA relevance)  
THE EUROPEAN COMMISSION,  
Having regard to the Treaty on the Functioning of the European Union,  
Having regard to Directive 2011/65/EU of the European Par liament and of the Council of 
8 June 2011 on the restriction of the use of certain haza rdous substances in electrical and 
electronic equipment1, and in particular Article 5(1)(a) thereof,  
Whereas:  
(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 i n 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 and hexavalent chromium  are restricted substance s listed in Annex II to 
Directive 2011/65/EU.  
(4) On 19 January  2018, the Commission received an application made i n accordance 
with Article 5( 3) of Directive 2011/6 5/EU for an exemption  to be listed in Annex III 
to that Directive , for the use of lead and hexavalent chromium compounds in electric 
and electronic initiators of explosives for civil (professional) use  ("the requested 
exemption") .  
(5) The evaluation of the request included stakeholder consultations in accordance with 
Article 5(7) of Directive 2011/65/EU.  The comments received during these 
consultations were  made publicly available on a dedicated website.  
(6) Certain l ead and hexavalent chromium compounds are used in essential parts of 
electric and electronic initiators  (EEI) , such as electric fuseheads, primary explosive 
charges and pyrotechnic delay charges.  EEI are a part of electric and electronic 
detonators that are primarily used for mining of minerals, cons truction and demolition 
activities, as well as in components of integrated rescue systems . 
(7) Currently, there are no alternatives for lead diazide, lead styphnate, lead dipicramate, 
orange lead (lead tetroxide), lead dioxide in EEI and for barium chromate in  long time 
                                                 
1 OJ L 174, 1.7.2011, p. 88.  EN 5  EN pyrotechnic delay charges of EEI available on the market which would meet all 
essential requirements in order to ensure safe operation  of EEI .  
(8) Due to the lack of alternatives, a  substitution or elimination of lead diazide, lead 
styphnate, lead dipicramate, orange lead (lead tetroxide), lead dioxide and barium 
chromate is scientifically and technically impracticable  in certain EEI components . 
The exemption is consistent with Regulation (EC) No 1907/2006 of the European 
Parliament and of the Council2 and thus  does not weaken the environmental and health 
protection afforded by  it.  
(9) It is, therefore, appropriate to grant t he requested exemption by including the 
applications covered by it in Annex III to Directive 2011/65/EU with respect to 
elect rical and electronic equipment of category 11.  
(10) The requested exemption should be granted for a duration of 5 years starting from  [the 
date of the publication of this Directive in the Official Journal ], in accordance with the 
first subparagraph of Article 5(2) of Directive 2011/65/EU . In view of the results of 
the ongoing efforts to find a reliable  substitution , the duration of th e exemption is 
unlikely to have adverse impacts on innovation .  
(11) Directive 2011/65/EU should therefore be amended accordingly,   
 
HAS ADOPTED THIS DIRECTIVE:  
Article 1  
Annex IV to Directive 2011/65/EU is amended as set out in the Annex to this Directive.  
Article 2 
1. Member States shall adopt and publish, by [the last day of the 5th month after the date 
of entry into force of this Directive]  at the latest, the laws, regulations and 
administrative provisions necessary to comply with this Directive. They shall 
forthwith communicate to the Commission the text of those provisions.  
They shall apply those provisions from [the last day of t he 5th month after the date of 
entry into force of this Directive  + 1 day ]. 
When Member States adopt those provisions, they shall contain a reference to this 
Directive or be accompanied by such a reference on the occasion of their official 
publication. Mem ber States shall determine how such reference is to be made.  
2. Member States shall communicate to the Commission the text of the main provisions 
of national law which they adopt in the field covered by this Directive.  
                                                 
2 Regulation (EC) No 1907/2006 of the European Parliament and of the Council of 18 December 2006 
concerning the Registration, Evaluation, Authorisation and Restriction of Chemicals (REACH) and 
establis hing a European Chemicals Agency , amending Directive 1999/45/EC and repealing Council 
Regulation (EEC) No 793/93 and Commission Regulation (EC) No 1488/94 as well as Council 
Directive 76/769/EEC and Commission Directives 91/155/EEC, 93/67/EEC, 93/105/EC an d 
2000/21/EC  (OJ L 396, 30.12.2006, p. 1).  EN 6  EN Article 3 
This Directive shall enter into force on the twentieth day following that of its publication in 
the Official Journal of the European Union . 
Article 4 
This Directive is addressed to the Member States.  
Done at Brussels,  
 For the Commission  
 The President  
 Ursula von der Leyen