EN    EN EN EN    EN  EUROPEAN COMMISSION 
Brussels, 11.11.2009 
 
  
Draft 
COMMISSION DECISION 
of […] 
amending, for the purposes of adapting to scie ntific and technical progress, the Annex to 
Directive 2002/95/EC of the European Parliament and of the Council as regards 
exemptions for applications containing le ad, mercury, cadmium, hexavalent chromium, 
polybrominated biphenyls or po lybrominated diphenyl ethers  
(Text with EEA relevance) EN 2   EN Draft 
COMMISSION DECISION  
of […] 
amending, for the purposes of adapting to scie ntific and technical progress, the Annex to 
Directive 2002/95/EC of the European Parliament and of the Council as regards 
exemptions for applications containing le ad, mercury, cadmium, hexavalent chromium, 
polybrominated biphenyls or po lybrominated diphenyl ethers  
(Text with EEA relevance) 
THE EUROPEAN COMMISSION, 
Having regard to the Treaty on the Functioning of the European Union, Having regard to Directive 2002/95/EC of the Eu ropean Parliament and of the Council of 27 
January 2003 on the restriction of the use of cer tain hazardous substan ces in electrical and 
electronic equipment
1, and in particular Article 5(1) thereof, 
Whereas: (1) Directive 2002/95/EC prohibits the use of lead, mercury, cadmium, hexavalent 
chromium, polybrominated biphenyls (PBB)  and polybrominated diphenyl ethers 
(PBDE) in electrical and el ectronic equipment (EEE) put on the market after 1 July 
2006. Exemptions from that prohibition are lis ted in the Annex to that Directive. 
Those exemptions need to be reviewed in  order to adapt them to scientific and 
technical progress.  
(2) As a result of the review of the exempti ons, certain applications containing lead, 
mercury, cadmium or hexavalent chromium sh ould continue to be exempted from the 
prohibition since the elimina tion of these hazardous substances in those specific 
applications is still scientifically or t echnically impracticable. It is therefore 
appropriate to maintain those exemptions.  
(3) As a result of the review of the exempti ons, for certain applica tions containing lead, 
mercury, or cadmium the elimin ation or substitution of the use of those substances has 
become scientifically or technically possible. It is therefore appropriate to delete those 
exemptions. 
(4) As a result of the review of the exempti ons, for certain applica tions containing lead, 
mercury or cadmium, the elimination or substi tution of the use of those substances will 
become scientifically or technically possible in the foreseeable future. It is therefore 
appropriate to set expiry da tes for those exemptions.  
                                                
 
1 OJ L 37, 13.2.2003, p. 19.  EN 3   EN (5) As a result of the review of the exemp tions, for certain applications containing 
mercury, partial elimination or substitution of the use of that substance is scientifically 
or technically possible. It is therefore appr opriate to reduce the am ount of mercury that 
may be used in those applications.  
(6) As a result of the review of the exemp tions, for certain applications containing 
mercury, in the foreseeable future only the partial and gradual elimination or substitution of the use of that substance is sc ientifically or technically possible. It is 
therefore appropriate to gra dually reduce the amount of mercury that may be used in 
those applications. 
(7) In certain cases it is techni cally impossible to repair EEE with spare parts other than 
original ones. Therefore, in those cases onl y, the use of spare parts containing lead, 
mercury, cadmium, hexavalent chromium, or polybrominated diphenyl ethers, which benefited from an exemption, should be a llowed in the repair of EEE, which was 
placed on the market before that exemption expired or was terminated. 
(8) Commission Regulation (EC)  No 244/2009 of 18 March 2009 implementing Directive 
2005/32/EC of the European Parliament and of  the Council with regard to ecodesign 
requirements for non-directional household lamps
2 and Commission Regulation (EC) 
No 245/2009 of 18 March 2009 implementing Di rective 2005/32/EC of the European 
Parliament and of the Council with regard  to ecodesign requirements for fluorescent 
lamps without integrated ballast, for high in tensity discharge lamps, and for ballasts 
and luminaires able to operate such lamp s, and repealing Directive 2000/55/EC of the 
European Parliament and of the Council3 provide for indicative benchmarks as 
concerns the use of mercur y in lamps. Although the merc ury content of lamps was 
identified as a significan t environmental parameter in  Regulation (EC) No 244/2009 
and Regulation (EC) No 245/2009, it was consider ed more appropriate to regulate it in 
Directive 2002/95/EC, which covers also lamp  types exempted from those regulations.  
(9) As a result of the analysis undertaken for measures laid down in Regulation (EC) No 
244/2009, for certain applications contai ning mercury, partial elimination or 
substitution of the use of this  substance is scientifically or technically possible without 
negative environmental, health and/or c onsumer safety impacts that outweigh the 
benefits of substitution. It is therefore appropriate to reduce the mercury content for 
those applications in line with Regulation (EC) No 244/2009. 
(10) It is necessary to make substantial ch anges to the Annex to Directive 2002/95/EC. 
Therefore, for reasons of clarity, the whole Annex should be replaced. 
(11) Pursuant to Article 5(2) of Directive 2002/95/EC, the Commission has consulted the 
relevant parties.  
(12) Directive 2002/95/EC should therefore be amended accordingly. 
                                                 
2  OJ L 76, 24.3.2009, p.3. 
3 OJ L 76, 24.3.2009, p.17.  EN 4   EN (13) The measures provided for in this Decision are in accordance with the opinion of the 
Committee established by Artic le 18 of Directive 2006/ 12/EC of the European 
Parliament and of the Council4, 
HAS ADOPTED THIS DECISION: 
Article 1 
The Annex to Directive 2002/95/EC is replaced by the text set out in  the Annex to this 
Decision.  
Article 2 
 
This Decision is addressed to the Member States. 
 For the Commission 
 Stavros Dimas  Member of the Commission 
                                                
 
4 OJ L 114, 27.4.2006, p. 9.  EN 5   EN ANNEX  
 
Applications exempted from th e prohibition in Article 4(1)  
 
Exemption Scope and dates of 
applicability 
1 Mercury in single cappe d (compact) fluorescent 
lamps not exceeding (per burner):  
1(a) For general lighti ng purposes < 30 W: 5 
mg  Expires on 31 December 
2011; 3.5 mg may be used per 
burner after 31 December 2011 until 31 December 2012; 2.5 mg shall be used per burner after 31 December 2012 
1(b) For general lighting purposes > 30 W and 
< 50 W: 5 mg  Expires on 31 December 
2011; 3.5 mg may be used per burner after 31 December 2011 
1(c) For general lighting purposes >  50 W and 
< 150 W: 5 mg  
1(d) For general lighting purposes > 150 W: 15 
mg  
1(e) For general lighting purposes with circular 
or square structural shape and tube diameter <
17 mm  No limitation of use until 31 
December 2011; 7 mg may be used per burner after 31 
December 2011 
1(f) For special purposes: 5 mg  
2(a) Mercury in double-capped  linear fluorescent lamps 
for general lighting purposes not exceeding (per lamp):  
2(a)(1) Tri-band phosphor with normal lifetime 
and a tube diameter < 9 mm (e.g. T2): 5 mg  Expires on 31 December 
2011; 4 mg may be used per lamp after 31 December 2011 
2(a)(2) Tri-band phosphor with normal lifetime 
and a tube diameter  >  9 mm and ≤ 17 mm 
(e.g. T5): 5 mg  Expires on 31 December 
2011; 3 mg may be used per lamp after 31 December 2011 EN 6   EN Exemption Scope and dates of 
applicability 
2(a)(3) Tri-band phosphor with normal lifetime 
and a tube diameter > 17 mm and ≤ 28 
mm (e.g. T8): 5 mg  Expires on 31 December 
2011; 3.5 mg may be used per lamp after 31 December 2011 
2(a)(4) Tri-band phosphor with normal lifetime 
and a tube diameter > 28 mm (e.g. T12): 5 mg  Expires on 31 December 
2012; 3.5 mg may be used per lamp after 31 December 2012 
2(a)(5) Tri-band phosphor  with long lifetime(>  
25,000 h): 8 mg  Expires on 31 December 
2011; 5 mg may be used per lamp after 31 December 2011 
2(b)  Mercury in other fluorescent lamps not exceeding 
(per lamp):  
2(b)(1) Linear halophosphate lamps with tube 
diameter > 28 mm (e.g. T10 and T12): 10 mg  Expires on 13 April 2012 
2(b)(2) Non-linear halophosphate lamps (all 
diameters): 15 mg  Expires on 13 April 2016 
2(b)(3) Non-linear tri-ba nd phosphor lamps with 
tube diameter > 17 mm (e.g. T9) No limitation of use until 31 
December 2011; 15 mg may be used per lamp after 31 December 2011 
2(b)(4) Lamps for other general lighting and 
special purposes (e.g. induction lamps) No limitation of use until 31 
December 2011; 15 mg may be used per lamp after 31 December 2011 
3 Mercury in cold cathode fluorescent lamps and 
external electrode fluorescent lamps (CCFL and EEFL) for special purposes not exceeding (per lamp):  
3(a) Short length (<  500 mm)  No limitatio n of use until 31 
December 2011; 3.5 mg may be used per lamp after 31 December 2011 
3(b) Medium length (> 500 mm and <  1,500 
mm)  No limitation of use until 31 
December 2011; 5 mg may be used per lamp after 31 December 2011 
3(c) Long length (> 1,500 mm)  No  limitation of use until 31 EN 7   EN Exemption Scope and dates of 
applicability 
December 2011; 13 mg may be used per lamp after 31 December 2011 
4(a) Mercury in other low pressure discharge lamps (per 
lamp)  No limitation of use until 31 
December 2011; 15 mg may be used per lamp after 31 December 2011 
4(b) Mercury in High Pressu re Sodium (vapour) lamps 
for general lighting purposes not exceeding (per burner) in lamps with improved colour rendering index Ra > 60:   
4(b)-I  P <  155 W  No limitation of use until 31 
December 2011; 30 mg may be used per burner after 31 December 2011 
4(b)-II 155 W < P <  405 W  No limitation of use until 31 
December 2011; 40 mg may be used per burner after 31 December 2011 
4(b)-III P > 405 W  No limitatio n of use until 31 
December 2011; 40 mg may be used per burner after 31 December 2011 
4(c) Mercury in other High  Pressure Sodium (vapour) 
lamps for general lighting purposes not exceeding (per burner):  
4(c)-I P <  155 W  No limitation of use until 31 
December 2011; 25 mg may be used per burner after 31 December 2011 
4(c)-II 155 W < P <  405W  No limitation of use until 31 
December 2011; 30 mg may be used per burner after 31 December 2011 
4(c)-III P > 405 W  No limitatio n of use until 31 
December 2011; 40 mg may be used per burner after 31 December 2011 EN 8   EN Exemption Scope and dates of 
applicability 
4(d) Mercury in High Pressu re Mercury (vapour) lamps 
(HPMV) Expires on 13 April 2015 
4(e) Mercury in metal halide lamps (MH)  
4(f) Mercury in other di scharge lamps for special 
purposes not specifically mentioned in this Annex  
5(a) Lead in glass of cathode ray tubes  
5(b) Lead in glass of fluorescent tubes not exceeding 
0.2% by weight  
6(a) Lead as an alloying element in steel for machining 
purposes and in galvanized  steel containing up to 
0.35% lead by weight  
6(b) Lead as an alloying element in aluminium 
containing up to 0.4% lead by weight  
6(c) Copper alloy containing up to 4% lead by weight  
7(a) Lead in high melting te mperature type solders (i.e. 
lead-based alloys cont aining 85% by weight or 
more lead)  
7(b) Lead in solders for servers, storage and storage 
array systems, network in frastructure equipment 
for switching, signalling, transmission, and network management for telecommunications  
7(c)-I Electrical and electr onic components containing 
lead in a glass or cerami c other than dielectric 
ceramic in capacitors, e.g. piezoelectronic devices, or in a glass or ceramic matrix compound   
7(c)-II  Lead in dielectric ceramic in capacitors for a rated 
voltage of 125 V AC or 250 V DC or higher   
7(c)-
III Lead in dielectric ceramic in capacitors for a rated 
voltage of less than 125 V AC or 250 V  DC 
 Expires on 1 January 2013 and 
after that date may be used in spare parts for EEE placed on the market before 1 January 2013   
8(a) Cadmium and its compounds in one shot pellet 
type thermal cut-offs Expires on 1 January 2012 and 
after that date may be used in spare parts for EEE placed on EN 9   EN Exemption Scope and dates of 
applicability 
the market before 1 January 2012  
8(b) Cadmium and its compounds in electrical contacts  
9 Hexavalent chromium as an anticorrosion agent of 
the carbon steel cooling system in absorption refrigerators up to 0.75 % by weight in the cooling solution   
9(b) 
 Lead in bearing shells and bushes for refrigerant-
containing compressors for heating, ventilation, air 
conditioning and refr igeration (HVACR) 
applications  
11(a) Lead used in C-press compliant pin connector 
systems May be used in spare parts for 
EEE placed on the market before [insert the date of notification]  
11(b) Lead used in other than C-press compliant pin 
connector systems Expires on 1 January 2013 and 
after that date may be used in spare parts for EEE placed on the market before 1 January 2013  
12 Lead as a coating material for the thermal 
conduction module C-ring May be used in spare parts for 
EEE placed on the market before [insert the date of notification]  
13(a) Lead in white glasses used for optical applications   
13(b) Cadmium and lead in filter glasses and glasses used 
for reflectance standards  
14 Lead in solders consis ting of more than two 
elements for the connection between the pins and the package of microprocesso rs with a lead content 
of more than 80% and less than 85% by weight  Expires on 1 January 2011 and 
after that date may be used in spare parts for EEE placed on the market before 1 January 2011  
15 Lead in solders to comp lete a viable electrical 
connection between semiconductor die and carrier within integrated circuit flip chip packages  
16 Lead in linear incandescent lamps with silicate 
coated tubes Expires on 1 September 2013 EN 10   EN Exemption Scope and dates of 
applicability 
17 Lead halide as radiant agent in high intensity 
discharge (HID) lamps used for professional reprography applications  
18(a) Lead as activator in the fluorescent powder (1 % 
lead by weight or less) of discharge lamps when used as speciality lamps for diazoprinting reprography, lithogra phy, insect traps, 
photochemical and curing processes containing 
phosphors such as SMS ((Sr,Ba)2MgSi2O7:Pb) Expires on 1 January 2011  
18(b) Lead as activator in the fluorescent powder (1% 
lead by weight or less) of discharge lamps when used as sun tanning lamps containing phosphors such as BSP (BaSi
2O5:Pb)  
19 Lead with PbBiSn-Hg a nd PbInSn-Hg in specific 
compositions as main amalgam and with PbSn-Hg as auxiliary amalgam in very compact energy saving lamps (ESL) Expires on 1 June 2011  
20 Lead oxide in glass used  for bonding front and rear 
substrates of flat fluorescent lamps used for Liquid Crystal Displays (LCDs) Expires on 1 June 2011  
21 Lead and cadmium in printing inks for the 
application of enamels on glasses, such as borosilicate and soda lime glasses  
23 Lead in finishes of fi ne pitch components other 
than connectors with a pitch of 0.65 mm and less May be used in spare parts for 
EEE placed on the market before [insert the date of notification]  
24 Lead in solders for the soldering to machined 
through hole discoidal and planar array ceramic multilayer capacitors  
25 Lead oxide in surface conduction electron emitter 
displays (SED) used in structural elements, notably in the seal frit and frit ring  
26 Lead oxide in the glass e nvelope of black light blue 
lamps Expires on 1 June 2011 
27 Lead alloys as solder for transducers used in high-
powered (designated to ope rate for several hours at 
acoustic power levels of 125 dB SPL and above) Expired on [insert the date of 
notification]   EN 11   EN Exemption Scope and dates of 
applicability 
loudspeakers 
29 Lead bound in crystal gla ss as defined in Annex I 
(Categories 1, 2, 3 and 4) of Council Directive 69/493/EEC  
30 Cadmium alloys as electrical/mechanical solder 
joints to electrical conductors located directly on the voice coil in transducers used in high-powered loudspeakers with sound pressure levels of 100 dB (A) and more  
31 Lead in soldering materials in mercury free flat 
fluorescent lamps (which e.g. are used for liquid crystal displays, design or industrial lighting)  
32 Lead oxide in seal fr it used for making window 
assemblies for Argon and Krypton laser tubes  
33 Lead in solders for the soldering of thin copper 
wires of 100 µm diameter and less in power transformers   
34 Lead in cermet-based trimmer potentiometer 
elements  
36 Mercury used as a cathode  sputtering inhibitor in 
DC plasma displays with a content up to 30 mg per 
display  Expired on 1 July 2010  
37 Lead in the plating laye r of high voltage diodes on 
the basis of a zinc borate glass body  
38 Cadmium and cadmium oxide  in thick film pastes 
used on aluminium bonded beryllium oxide   
39 Cadmium in colour co nverting II-VI LEDs (< 10 
µg Cd per mm2 of light-emitting area) for use in 
solid state illumination or display systems Expires on 1 July 2014  
 
Note: For the purposes of Article 5(1)(a) of Directive 2002/95/EC, a maximum concentration 
value of 0.1 % by weight in homogeneous materi als for lead, mercury, hexavalent chromium, 
polybrominated biphenyls (PBB) and polybromin ated diphenyl ethers (PBDE) and of 0.01 % 
by weight in homogeneous materials for cadmium shall be tolerated."