EN   EN 
 
 
 EUROPEAN  
COMMISSION   
Brussels, XXX   
[…](2018) 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 cadmium and its compounds in electrical contacts  
(Text with EEA relevan ce) 
This draft has not been adopted or endorsed by the European Commission. Any 
views expressed are the preliminary views of the Commission services and may not 
in any circumstances be regarded as stating an official position of the Commission.    
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 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 electronic 
equipment  (recast)1 (RoHS  2) as regards an exemption for specific  applications containing 
cadmium . 
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 restriction 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 electronic 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 following conditions is fulf illed: 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 substitutes 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 European Commission (t he 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 submitting a pplications 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 8(b) permits the use of cadmium and its compounds in 
electrical contacts . The Commission received two application s for renewal of this exemption 
in January  2015 . While e xemption 8(b) had 21 July 2016 as expiration date for categories 1 to 
7 and 104, in line with the requirements of the RoHS Directive  (Article 5(5), second 
                                                 
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  
4 These categories are namely: 1. Large household appliances; 2. Small household appliances; 3. IT and 
telecommu nications equipment; 4. Consumer equipment; 5. Lighting equipment; 6. Electrical and  
EN 2  EN subparagraph), it continues to apply until a decision on the renewa l 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 stakeholder consulta tion5 on the application. Three  contributions 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  in written form  as agreed during a previous meeting7. The experts agreed with 
the draft presented by the Commission, with a large majority of silent members. All necessary 
steps relating to exemptions from the s ubstance restriction pursuant to Article s 5(3) to 5(7) 
have been performed. Due to the large amount of simultaneous exemption requests and 
connected administrative requirements, the Commission decision procedure followed 
alternative deadlines as per Articl e 5(5)8. The Council and the European Parliament were 
notified of all activities.  
The final report  highlighted in particular the following technical information and assessment : 
 Electrical contact materials containing cadmium are used in many electrom echani cal 
devices as components  which can carry current intermittently through c ontact 
surfaces. Devices concerned are in particular power switching of electric motors ; 
relays and contactors; switches for power tools and appliance switches; circuit 
breakers for switching equipment; and power packs, occupancy/time delay sensor s, 
and lighting control panels .  
 Cadmium in electrical contacts provides essential properties  such as  superior 
performance, arc -quenching, higher conductivity, less contact erosion and relati vely 
easy manufacture compared to alternatives.  
 Currently, substitution or elimination of cadmium  is still scientifically and 
technically impracticable in several types of devices with electrical contacts, or more 
time is required  to ensure the reliability  of the substitutes.  
The evaluation results for categories 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 8(b) in 
Annex III. Since reliable alternatives are  still not available  for certain applications or more 
time is needed to ensure their reliability, the exemption  is renewed until 21 July 2021  with 
amended wording which reflects the current status of alternative technologies , adding 
subentry 8(b) -I to point 8(b) . Where reliable alternatives  are already available , only negligible 
socioeconomic impacts of substitution are to be anticipated for this period  as gradual 
substitution with cadmium free alternatives is already underway . The granted validity period 
                                                                                                                                                         
electronic tools; 7. Toys, leisure and sports equipment; 10. Automatic dispensers. EEE c ategories 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/  . 
7 The c onsultations were carried out in writte n form from 27 April until 18 May  2017.  
8 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 .   
EN 3  EN is also not expected to have adverse impacts on innovation . For categories other than 
categories 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 Article 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 cadmium  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 equip ment , 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 technica l progress.  
In accordance with the principle of proportionality, the measure does not go beyond what is 
necessary to achieve its 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 cadmium and its compounds in electrical contacts  
(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 equipment1 and in particular Article 5(1)(a) thereof,  
Whereas:  
(1) Directive 2011/65/EU requires Member States to ensure that electrical a nd electronic 
equipment placed on the market does not contain certain 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 different categories o f electrical and electronic equipment for which Directive 
2011/65/EU applies (categories 1 to 11) are listed in Annex I to that Directive.  
(3) Cadmium is a restricted substance listed in Annex II to Directive 2011/65/EU. T he use  
of cadmium and its compounds in electrical contacts  was, however, exempted from 
the restriction and is currently listed in entry 8(b) of Annex III to that Directive. The 
expiry date of that exemption was , for categories 1 to 7 and 10,  21 July 2016.   
(4) The Commission receiv ed an application for renewal of that exemption before 
21 January  2015 , in accordance with Article 5(5) of Directive 2011/65/EU.  The 
exemption remains  valid until a decision on that application has been adopted.  
(5) Electrical contact materials containing cadmium are used in many electromechanical 
devices as components which can carry current intermittently through contact 
surfaces. Devices concerned are in particular power switching of electric motors , 
relays and contactors , switches for power tools , appli ance switches , circuit breakers 
for switching equipment , power packs, occupancy/time delay sensors, and lighting 
control panels.  
(6) Cadmium in electrical contacts provides essential properties such as superior 
performance, arc -quenching, higher conductivity, less contact erosion and relatively 
easy manufacture compared to the alternatives.  
(7) For certain applications covered by the cu rrent exemption, a substitution or 
elimination of cadmium is still scientifically and technically impracticable  due to the 
lack of reliable substitutes or requires more time to ensure the reliability of the 
                                                 
1 OJ L 174, 1.7 .2011, p. 88.   
EN 5  EN available substitutes . The exemption does not wea ken the environmental and health 
protection afforded by Regulation (EC) No 1907/2006 of the European Parliament and 
of the Council2. It should therefore be renewed for those particular applications.  
(8) For all other applications currently covered by the e xemption, the conditions for 
renewal are not fulfilled. The exemption for those applications should continue to 
apply for 12 months after the date of entry into force of this Delegated D irective in 
accordance with Article 5(6) of Directive 20 11/65/EU.  
(9) Since , for the applications concerned  by that renewal,  no reliable alternatives are  
available  on the market or more time is needed to ensure the reliability of such 
alternatives , the exemption for those applications should be renewed  for categories 1 
to 7 and 10 for the maximum duration validity period of five years  until 21 July 2021 . 
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 inn ovation . 
(10) For categories other than 1 to 7 and 10 , the existing exemption remains valid as per the 
validity periods set out in the second subparagraph of Article 5(2) of Directive 
2011/65/EU . For reasons of clarity, the dates of expiry should be added in Annex III to 
that Directive.  
(11) Directive 2011/65/EU should therefore be amended accordingly,   
 
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 1 2th 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 the 1 2th 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 pr ovisions 
of national law which 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 . 
                                                 
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 
establishing a European Chemicals Agency (OJ L 39 6, 30.12.2006, p. 1).   
EN 6  EN Article 4 
This Directive  is addressed to the Member States.  
Done at Brussels,  
 For the Commission  
 The President  
 […]