G/TBT/N/EU/460  
 
23 March 2017  
(17-1598) Page: 1/2 
Committee on Technical Barriers to Trade  Original: English  
 
  NOTIFICATION  
The following notification is being circulated in accordance with Article 10.6  
 
1. Notifying Member : EUROPEAN UNION   
If applicable, name of local government involved  (Article 3.2 and 7.2) :  
2. Agency responsible:  European Commission  
Name and address (including telephone and fax numbers , email and website 
addresses, if available) of agency or authority designated to handle comments 
regarding the notification  shall be indicated if different from above :  
European Commission  
EU-TBT Enquiry Point  
Fax: +(32) 2 299 80 43  
E-mail: grow-eu-tbt@ec.europa.eu  
Website: http://ec.europa.eu/growth/tools -databases/tbt/  
3. Notified under Article 2.9.2 [ X], 2.10.1 [    ], 5.6.2 [    ], 5.7.1 [    ], other:  
4. Products covered (HS or CCCN where applicable, otherwise national tariff heading. 
ICS numbers may be provided in addition, where applicable):  Electrical and electronic 
equipment  
5. Title, number of pages  and language(s)  of the notified document:  Proposal for a 
directive of the European Parliament and of the Council amending Directive 2011/65/EU on 
the restriction of the use of certain hazardous substances in electrical and electronic 
equipment (COM(2017) 38 final) (11 pages in English, French and Spanish)  
6. Description of content:  The proposed Directive amends the existing 
Directive  2011/65/EU (RoHS 2) in relation to pipe organs, non -road mobile machineries, 
reselling and spare parts fo r certain equipment, and rules for the exemptions.  
7. Objective and rationale , including the nature of urgent problems where 
applicable:  The objectives of the proposal are to contribute to the correct and regular 
functioning of the EU internal market in r elation to electrical and electronic equipment 
products and the protection of human health and the environment, including the 
environmentally sound recovery and disposal of waste electrical and electronic equipment 
(EEE), through the restriction of the use  of certain hazardous substances.  
The proposed amendments maintain key elements of the existing RoHS 2 Directive such as 
the list of banned substances (no substances added or removed) and the possibility to 
grant exemptions for certain app lications of the se substances.  
The proposal introduces some changes on issues that were in need of 
clarification/correction by the end of a transitional period of RoHS 2 (i.e. by 22  July 2019). 
It will in particul ar have the effect of enabling:  
- secondary market operati ons (e.g. reselling, second -hand market) for new -in-scope EEE;  
- repair with spare parts of new -in-scope EEE that were legally placed on the market 
before 22 July 2019.  G/TBT/N/EU/460  
 
- 2 - 
 
  This will result in environmental benefits in terms of re duced overall waste generation . 
Furthermore, two equipment groups would be excluded from the scope of RoHS 2, namely, 
pipe organs, and non -road mobile machinery fitted with a cord ‑connected t raction drive.  
Two other provisions would remove an impracticable deadline for the EU and clarify  certain 
exemption validity periods.  
8. Relevant documents:   
 Scientific background studies assessing the impact for various options are available:  
http://ec.europa.eu/envir onment/waste/rohs_eee/studies_rohs4_en.htm . 
 Directive 2011/65/EU of the European Parliament and of the Council of 8  June 2011 
on the restriction of the use of certain hazardous substances in electrical and 
electronic equipment:  http://eur -lex.europa.eu/legal -
content/EN/TXT/?qid=1438768100804&uri=CELEX:32011L0065  
9. Proposed date of adoption: To be determined   
Proposed date of entry into force: 20th day fo llowing the Directive's publication in the 
Official Journal of the European Union  
10. Final date for comments:  90 days from notification  
11. Texts available from : National enquiry point  [ ] or address, telephone and fax 
number s and e mail and website addresses, if available , of other body:   
European Commission,  
EU-TBT Enquiry Point,  
Fax: + (32) 2 299 80 43,  
E-mail: grow-eu-tbt@ec.europa.eu  
 
The text is available on the Website: http://ec.europa.eu/growth/tools -databases/tbt/  
http://eur -lex.europa.eu/legal -
content/EN/TXT/?qi d=1486734053919&uri=CELEX:52017PC0038  
 
https://members.wto.org/crnattachments/2017/TBT/EEC/17_1446_00_s.pdf  
https://members.wto.org/crnattachments/2017/TBT/EEC/17_1446_00_f.pdf  
https://members.wto.org/crnattachments/2017/TBT/EEC/17_1446_00_e.pdf