DIRECTIVES 
COMMISSION DELEGA TED DIRECTIVE (EU) 2019/1845 
of 8 August 2019 
amending, for the pur poses of adapting to scientif ic and technical prog ress, Annex III to Directiv e 
2011/65/EU of the European Parliament and of the Council as regards an exemption for bis(2- 
ethy lhexyl) phthalate (DEHP) in certain rubber components used in engine systems 
(Text with EEA relevance) 
THE EUR OPEAN COMMISSION, 
Havi ng regar d to the Treaty on the Functioning of the European Union, 
Havi ng regard to Directive 2011/65/EU of the European Parliament and of the Council of 8 June 2011 on the restr iction of 
the use of certain hazardous substances in electr ical and electronic equipment (1) and in particular Article 5(1)(a) thereof, 
Whereas: 
(1) Directive 2011/65/EU requires Member State s to ensure that electr ical and electronic equipment placed on the 
mark et does not contain the 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 differ ent catego ries of electr ical and electronic equipment to which Directive 2011/65/EU applies are listed in 
Annex I to that Directive. 
(3) Bis(2-eth ylhexyl) phthalate (DEHP) is a restr icted substance listed in Annex II to Directive 2011/65/EU. On 29 June 
2017, the Commission received an application made in accordance with Article 5(3) of Directive 2011/65/EU for 
an exem ption, to be liste d in Annex III to that Directive, for the use of DEHP in rubber parts such as O-rings, seals, 
vibration dampe rs, gaskets, hoses, grommets and cap-plugs that are used in engine syste ms including exhausts and 
turbocha rgers that are designed for use in equipment that is not designed solely for consumer use (‘the request ed 
exem ption’). 
(4) The evaluation of the requested exem ption included stakeholder consultations in accordance with Article 5(7) of 
Directive 2011/65/EU. 
(5) DEHP is added to rubber mater ial as plasticiser in order to provid e flexibility . The rubber compo nents are used as 
flexible connections between parts of engine systems and assure prevention of leakage, sealing of engine parts and 
prote ction from vibration or dirt and fluids over the lifetime of the engines. 
(6) Currently , there are no DEHP -free alternatives available on the market whic h would provide sufficient level of 
reliability for applications in engines where long life and special proper ties such as resistance to any contact 
mater ial (e.g. fuel, lubr icant oil, coolants, gases, or dirt), temperature and vibration are required. 
(7) Due to the lack of reliable alternati ves, a substitution or elimination of DEHP is still scientifi cally and technically 
imp racticable for certain rubber parts used in engine syste ms. The request ed exemption is consiste nt 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. 
(8) It is, theref ore, appropr iate to grant the requeste d exemption by including the applications covered by it in Annex III 
to Directive 2011/65/EU with respect to electr ical and electronic equipment of categor y 11 of Annex I to Directive 
2011/65/EU. 
(1)OJ L 174, 1.7.2011, p. 88. 
(2)Regulation (EC) No 1907/2006 of the European Parliament and of the Council of 18 December 2006 concer ning the Registration, 
Evaluation, Author isation and Restr iction of Chemicals (REA CH) and establishing a European Chemicals Agency (OJ L 396, 
30.12.2006, p. 1). EN Offi cial Jour nal of the European Union L 283/38                                                                                                                                         5.11.2019   (9) The exem ption should be grant ed for the maximum validity period of 5 years starting from 22 July 2019, in 
accordance with Article 4(3) and 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 the exem ption is unlikely to have 
adverse impacts on innovation. 
(10) Directive 2011/65/EU should theref ore be amended according ly, 
HAS ADOPTED THIS DIRECTIVE: 
Article 1 
Annex III 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 30 Apr il 2020 at the latest, the laws, regulations and administrative 
provisions necessar y to compl y with this Directive. They shall forthwith communicat e to the Commission the text of those 
provisions . 
They shall apply those provisions from 1 May 2020. 
When Member States adopt those provisions, they shall contain a reference to this Directive or be accompanied by such a 
referen ce on the occasion of their official publication. Member States shall deter mine how such reference is to be made. 
2. Member States shall communicate to the Commission the text of the main provisions of national law whic h they 
adopt in the field covered by this Directive. 
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, 8 August 2019.  
For the Commission 
The President 
Jean-Claude JUNCKER     EN Offi cial Jour nal of the European Union 5.11.2019                                                                                                                                         L 283/39   ANNEX 
In Annex III to Directive 2011/65/EU, the follo wing entr y 43 is added:                                                              
‘43 Bis(2-eth ylhexyl) phthalate in rubber compo nents in engine systems, 
designed for use in equipment that is not intended solely for consumer 
use and provided that no plasticised mat erial comes into contact with 
human mucous membranes or into prolonged contact with human skin 
and the concentration value of bis(2-eth ylhexyl) phthalate does not excee d: 
(a) 30 % by weight of the rubber for 
(i) gask et coatings; 
(ii) solid-r ubber gask ets; or 
(iii) rubber components included in assemblies of at least three 
compo nents using electr ical, mec hanical or hydraulic energy to 
do work, and attached to the engine. 
(b) 10 % by weight of the rubber for rubber -containing compo nents not 
refer red to in point (a). 
For the purposes of this entr y, “prolonged contact with human skin” means 
continuous contact of more than 10 minutes duration or interm ittent 
contact over a period of 30 minutes , per day. Applies to catego ry 11 and expires on 
21 July 2024.’   EN Offi cial Jour nal of the European Union L 283/40                                                                                                                                         5.11.2019