COMMISSION STAFF WORKING DOCUMENT EXECUTIVE SUMMARY OF THE IMPACT ASSESSMENT Accompanying the 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.
Date: 2017-01-26
Institutions: Directorate-General for Environment, European Commission
Subjects: dangerous substance, electrical equipment, electronic component, electronic equipment, electronic waste, hazardous waste, machinery, market approval, musical instrument, waste recycling

EN 

   EN 

   EUROPEAN COMMISSION  Brussels, 26.1.2017  SWD(2017) 22 final   COMMISSION STAFF WORKING DOCUMENT  EXECUTIVE SUMMARY OF THE IMPACT ASSESSMENT  Accompanying the 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} {SWD(2017) 23 final}  
 
 
Executive Summary Sheet 

Impact  assessment  on  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. 

A. Need for action 

Why? What is the problem being addressed? 
This report provides an assessment on how best to address four problems identified in the scope of Directive 
2011/65/EU  (RoHS  2):  1)  the  hard  stop  of  secondary  market  operations  for  electrical  and  electronic 
equipment  (EEE)  covered by  RoHS  2  and  not  by RoHS  1  (Directive  2002/95/EC);  2)  effects  of  RoHS  2 on 
spare parts for certain EEE, not in scope of RoHS 1; 3) RoHS 2 resulting in stopping the placement on the 
market  of  pipe  organs;  4)  RoHS  2  resulting  in  market  distortion  for  cord-connected  non-road  mobile 
machinery (NRMM).  

What is this initiative expected to achieve? 
Positive  effects  for  industry,  consumers  and  health  are  expected:  after  22/07/2019  secondary  market  and 
repair operations continue for all new in scope EEE, pipe organs and cord-connected NRMM continue to be 
placed on the EU market without distortions. 

What is the value added of action at the EU level? 
Only an EU-wide solution can solve the problems, which have a direct impact on the EU internal market.  

B. Solutions 

What  legislative  and  non-legislative  policy  options  have  been  considered?  Is  there  a  preferred 
choice or not? Why? 
In  addition  to  the  baseline  scenario  of  leaving  RoHS  2  untouched,  the  following  options  have  been 
considered, relating to : 
1)  restoring  secondary  market  operations:  Option  2  –    only  for  medical  devices  and  monitoring  and  control 
instruments; Option 3 (preferred) –  for all new in scope EEE. 
2) spare parts: Option 2 (preferred) –  spare parts provision to allow  repair of pre-RoHS 2 EEE. 
3)  pipe  organs:  Option  2  (preferred)  –  scope  exclusion;  Option  3  –    interpretation  guidance;  Option  4  – 
temporary RoHS 2 exemptions. 
4) cord-connected NRMM: Option 2 (preferred) – exclude also cord-connected NRMM 

Who supports which option? 
Stakeholders (industry associations and Member States) favoured the preferred options for the four problems. 

C. Impacts of the preferred option 

What are the benefits of the preferred option? 
The secondary market and spare parts provisions will have economic (additional market opportunities), social 
(increased  availability  of  e.g.  medical  devices  for  EU  hospitals,  saving  more  than  170  million  €,  prolonged 
lifetime of EEE), and environmental benefits (waste prevention). Excluding pipe organs and cord-connected 
NRMM  from  RoHS  will  avoid  jobs  losses  and  unjustified  additional  costs.  The  preferred  options  will  reduce 
administrative burden. 

What are the costs of the preferred option? 
Restoring  the  secondary  market  and  the  spare  part  provision  will  have  no  or negligible  negative  economic, 
social and environment impacts. Excluding pipe organs and cord-connected NRMM from RoHS is expected 
to have no or negligible negative economic, social, or environmental and health impacts. 

How will businesses, SMEs and micro-enterprises be affected? 

Market operators in concerned sectors, including SMEs, will be positively affected. 

Will there be significant impacts on national budgets and administrations? 
Member States will only need to transpose the legal text. Market surveillance is expected to be simplified by 
the initiative. 

2 

 
 
 
 
Will there be other significant impacts? 
No. 

When will the policy be reviewed?  
The Commission will carry out a general review of RoHS 2 by 22/07/2021. 

D. Follow up 

3