COMMISSION DELEGA TED DIRECTIVE (EU) 2019/1846 
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 lead in 
solders used in certain combustion engines 
(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) Lead 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 Directive 2011/65/EU, for the use of lead in solders of sensors, actuators and engine control units 
that are used to monitor and control engine systems including turbocharg ers and exhaust emission controls of 
internal combustion engines used in equipment that are not intended to be used solely by consumers (‘the requeste d 
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) Each engine within scope of the requeste d exemption is equipped with specific types of sensors, actuators and engine 
control units that monitor and control its emissions to ensure compl iance with Regulation (EU) 2016/1628 of the 
European Parliament and of the Council (2). The conditions exper ienced in and close to such engine and an exhaust 
system can be so severe in terms of elevated temperatures and vibration levels that they may cause early failure of 
solder bonds. 
(6) Currently , for the applications of lead covered by the request ed exem ption, additional time is needed for testing to 
ensure the reliability of available lead-free substitutes. 
(7) Due to the lack of reliable alternatives, a substitution or elimination of lead is scientifical ly and technically 
imp racticable in certain combustion engines. The request ed exem ption is consistent with Regulation (EC) 
No 1907/2006 of the European Parliament and of the Council (3) and thus does not weake n the environmental and 
health prote ction 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. 
(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, 
(1)OJ L 174, 1.7.2011, p. 88. 
(2)Regulation (EU) 2016/1628 of the European Parliament and of the Council of 14 Sept ember 2016 on requirements relating to gaseous 
and particulate pollutant emission limits and type-approval for inter nal combustion engines for non-road mobile mac hiner y, 
amending Regulations (EU) No 1024/2012 and (EU) No 167/2013, and amending and repealing Directive 97/68/EC (OJ L 252, 
16.9.2016, p. 53). 
(3)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 5.11.2019                                                                                                                                         L 283/41   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 L 283/42                                                                                                                                         5.11.2019   ANNEX 
In Annex III to Directive 2011/65/EU, the follo wing entr y 44 is added:                                                              
‘44 Lead in solder of sensors, actuators, 
and engine control units of combus­
tion engines within the scope of Reg­
ulation (EU) 2016/1628 of the Eur­
opean Parliament and of the Council (*) 
, installed in equipment used at fixed 
positions while in operation which is 
designed for professionals, but also 
used by non-prof essional users Applies to catego ry 11 and expires on  
21 July 2024. 
(*)  Regulation (EU) 2016/1628 of the European Parliament and of the Council of 14 September 2016 on requirements relating to gaseous 
and particulate pollutant emission limits and type-approv al for inter nal combustion engines for non-road mobile mac hiner y, amending 
Regulations (EU) No 1024/2012 and (EU) No 167/2013, and amending and repealing Directive 97/68/EC (OJ L 252, 16.9.2016, 
p. 53).’   EN Offi cial Jour nal of the European Union 5.11.2019                                                                                                                                         L 283/43