EN    EN 
 
 
 EUROPEAN  
COMMISSION   
Brussels, XXX   
[…](2017) 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 lead in cermet -based trimmer potentiometer elements  
(Text with EEA rele vance)    
EN 2   EN EXPLANATORY MEMORANDUM  
1. CONTEXT  OF THE  DELEGATED  ACT  
This Commission Delegated Directive amends, for the purpose of adapting to technical 
progress, Annex I II 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 e lectronic 
equipment  (recast)1 (RoHS  2) as regards an exemption for specific applications containing 
lead. 
RoHS  2 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 restricted substances are listed in Annex II to RoHS  2. While the restriction s of lead, 
mercury, cadmium, hexavalent chromium, polybrominated biphenyls, and polybrominated 
diphenyl ethers are in force to date, the r estriction s of bis(2 -ethylhexyl) phthalate (DEHP), 
butyl benzyl phthalate (BBP), dibutyl phthalate (DBP), diisobutyl phthalate (DIBP) shall 
apply  from 22 July 2019  or later . Annexes III and IV to RoHS 2 list the materials and 
components of electrical and e lectronic equipment (EEE) for specific applications exempted 
from the substance restriction of RoHS  2 Article 4(1).  
Article 5 makes provision 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 inclusion 
does not weaken the environmental and health protection afforded by 
Regulation  (EC)  No 1907/20062 and where any of the followi ng conditions is fulfilled: their 
elimination or substitution via design changes or materials and components which do not 
require any of the materials or substances listed in Annex II is scientifically or technically 
impracticable; the reliability of subst itutes is not ensured; or the total negative environmental, 
health and consumer safety impacts caused by substitution are likely to outweigh the total 
environmental, health and consumer safety benefits thereof.  
Furthermore, Article 5(1) provides that the E uropean Commission (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 proce dure for submitting applications for granting, renewing, or 
revoking an exemption.  
2. CONSULTATIONS  PRIOR  TO THE  ADOPTION  OF THE  ACT  
Since the publication of RoHS 2 , 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 current  Annex III exemption 34 permits the use of lead in cermet -based trimmer 
potentiometer elements . The Commission received one application for renewal o f this 
exemption January  2015 . While e xemption 34 had 21 July 2016  as expir ation date  for 
categories 1 to 7 and 104, in line with the requirements of the RoHS Directive  (Article 5(5), 
                                                 
1 OJ L 174, 1.7.2011, p. 88.  
2 OJ L 396, 30.12.2006, p. 1 
3 The l ist is given at: http://ec.europa.eu/environment/waste/rohs_eee/adaptation_en.htm  
4 These categories are namely: 1. Large household appliances; 2. Small household appliances; 3. IT and 
telecommunications equipment; 4. Consumer equipment; 5. Lighting equipment; 6. Electrica l and  
EN 3   EN second subparagraph ), it continues to apply until a decision on the renewal application is 
taken by the  Commission.  
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 an eight -week online 
open -ended stakeho lder consultation5 on the application. Two contribution s were  made to the 
stakeholder consultation.  
The final report containing the assessment of the application was published6; stakeholders 
were notified.  
Subsequently, the Commission consulted the Member  States expert group for delegated acts 
under RoHS 2  during an expert meeting on 15 December 2016, which also involved 
presentations from the applicants and stakeholders most concerned.  The experts agreed with 
the draft presented by the Commission, with a large majority of absent or silent members. All 
necessary steps relating to exemptions from the substance restriction pursuant to Article s 5(3) 
to 5(7) have been performed. Due to the large amount of simultaneous exemption requests 
and connected administra tive requirements, the Commission decision procedure followed 
alternative deadlines as per Article 5(5). The Council and the European Parliament were 
notified of all activities.  
The final report  highlighted in particular the following technical information and assessment : 
 Trimmer potentiometers are variable resistors. They work with a wiper to adjust the 
resistance of the circuit. They are applied in a wide range of products like e.g. 
audio -visual equipment, communication equipment, toys and measuring devices, 
electrical household appliances. They contain lead as lead oxide in resistive inks  
where it acts as a bonding agent.  
 Currently, there are no reliable lead -free alternatives available so that substitution  of 
lead is still scientifically and technically impracticable.  
The evaluation results for categor y 1 to 7 and 10 show that at least one of the relevant criteria 
specified in Article 5(1)(a) is met by the exemption request relating to entry 34 in Annex III. 
Since for t he applications concerned, no sufficiently reliable alternatives are available today 
or are likely to come on the market soon , validity period until 21 July 2021  is justified ; as 
reliable 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 . For categories other than cate gories 1 to 7 and 10, the existing 
exemption remains as per the validity periods set out in Article 5(2) . The specific exemption 
does not weaken the environmental and health protection afforded by Regulation (EC) 
No 1907/2006 (REACH), in accordance with Ar ticle 5 of Directive 2011/65/EU.  
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 lead in specific applications.  
                                                                                                                                                         
electronic tools; 7. Toys, leisure and sports equipment; 10. Automatic dispensers. EEE categories are 
listed in Annex I to the RoHS  Directive.  
5 Consultation period : from 21.08.2015 to 16.10.2015  
6 https://bookshop.europa.eu/en/assistance -to-the-commission -on-technological -socio -economic -and-
cost-benefit -assessment -related -to-exemptions -from -the-substance -restrictions -in-electrical -and-
electronic -equipment -pbKH0416554/    
EN 4   EN The instrument 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  2 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 
necessar y to achieve its objective.  
The proposal has no implications for the EU budget.  
  
EN 5   EN COMMISSION DELEGATED DIRECTIVE (EU) .../…  
of XXX  
amending, for the purp oses 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 lead in cermet -based trimmer potentiometer elements  
(Text with 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 hazardous substances in electrical  and 
electronic equipment7 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 lead. 
(2) Point 34 of Annex III to Direc tive 2011/65/EU exempted the use of lead in 
cermet -based trimmer potentiometer elements until 21 July 2016 . The Commission 
received an application for renewal of this exemption in relation to categories 1 to 7 
and 10 before 21 January  2015 , in accordance w ith Article 5(5) of Directive 
2011/65/EU . 
(3) Trimmer potentiometers are variable resistors. They work with a wiper to adjust the 
resistance of the circuit. They are applied in a wide range of products like e.g. 
audio -visual equipment, communication equipm ent, toys and measuring devices, 
electrical household appliances. They contain lead as lead oxide in resistive inks  
where it acts as a bonding agent.  
(4) Currently, there are no reliable lead -free alternatives available so that substitution of 
lead is still scientifically and technically impracticable.  
(5) Since for the applications concerned  in categories 1 to 7 and 10 , no sufficiently 
reliable alternatives are available on the market  or are likely to be available on  the 
market in the near future , validity period until 21 July 2021 is justified . For categories 
other than categories 1 to 7 and 10, the existing exemption is valid  as per the validity 
periods set out in the second subparagraph of Article 5(2) of Directive 2011/65/EU . 
(6) Directive 2011/65/E U should therefore be amended accordingly,   
 
                                                 
7 OJ L 174, 1.7.2011,  p. 88.   
EN 6   EN 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 [the last day of the  12th 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 sh all apply those provisions from [the last day of the  12th 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. Member 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 th is 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,  
 For the Commi ssion  
 The President  
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