G/TBT/N/EU/819  
12 July 2021  
(21-5471) 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 Comm ission,  
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/tb t/en/  
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; Electronic components in general (ICS 31.020)  
5. Title, number of pages and language(s) of the notified document:  Draft 
Commission Delegated Directive 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 the use of mercury in high pressure sodium 
(vapour) lamps with improved colour rendering index for general lighting purposes 
(7 page(s), in English; 2 page(s), in English)  
6. Description of content:  This draft Commission Delegated Directive concerns an 
application to renew specific and temporary exemption from the Directive 2011/65/EU 
(RoHS 2) substance restrictions.  
The exemption is rene wed as concerns entry 4 (b) -I as the substitution of mercury, with 
reliable substitutes, in the lamps categories concerned by this entry cannot currently be 
ensured.  
The exemption is revoked as concerns entries 4 (b) -II and 4(b) -III as the conditions for 
the exemption are no longer fulfilled (namely the substitution of mercury in the lamps 
categories concerned by this exemption is scientifically and technically practicable). 
Transitional periods (expiry dates) of 12 months from the adoption of the Delegated 
Directive by the Commission are set in line with Article 5(6) of RoHS 2.  
7. Objective and rationale, including the nature of urgent problems where 
applicable:  Adaptation of existing legislation to scientific and technical progress, granti ng 
manufacturers adequate transition time for compliance; Protection of human health or 
safety; Protection of the environment; Other  G/TBT/N/EU/819  
 
- 2 - 
 
  8. Relevant documents:   
• Scientific background studies justifying the specific exemption are available:  
https://op.europa.eu/en/publication -detail/ -/publication/a3fdcc8c -4273-11e6-
af30-01aa75ed71a1 ;  
https://rohs.exemptions.oeko.info/fileadmin/user_upload/reports/FWCW_RoHS_
Lamps_SEA_20190729_Final.pdf ;  
https://op.europa.eu/en/publication -detail/ -/publication/f44f2383 -dd0a-11ea-
adf7-01aa75ed71a1/language -en/format -PDF/source -146144383 , starting on 
page 92.  
• 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:  October 2021  
Proposed date of entry into force:  20 days from publication in the Official Journal of 
the EU (about three months after adoption approximately)  
10. Final date for comments:  60 days from notification  
11. Texts available from:  National enquiry point [ ] or address, telephone and fax 
numbers and email 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 EU -TBT Website: http://ec.europa.eu/growth/tools -
databases/tbt/en/  
https://members.wto.org/crnattachments/2021/TBT/EEC/21_4603_00_e.pdf  
https://members.wto.org/crnat tachments/2021/TBT/EEC/21_4603_01_e.pdf