Executive summary-English

• Author: Clemm, Christan; Löw, Clara; Baron, Yifaat; Moch, Katja; Möller, Martin; Köhler, Andreas R; Gensch, Carl-Otto; Deubzer, Otmar
• Pages: 7-9

European Commission

Cd QD Exemption evaluation

7

1. Executive summary – English

Under Framework Contract no. ENV.A.2/FRA/2015/0008, DG Environment of the

European Commission contracted a consortium led by Oeko-Institut for “Assessing an

exemption request for the use of cadmium in luminescent material for on-chip

application on LED semiconductor chips”. This request was submitted by LightingEurope

(hereinafter referred to as LE) and applied for a new exemption. In an amendment to

this contract, this task was ex panded to include the evaluation of two further requests

“for renewal of exemption 39(a) in Annex III to Directive 2011/65/EU”. The requests

were submitted by Najing technology Co.Ltd (hereinafter referred to as Najing) and by

OSRAM Opto Semiconductor GmbH (hereinafter referred to as OSRAM).

1.1. Background and objectives

The RoHS 2 Directive 2011/65/EU entered into force on 21 July 2011 and led to the

repeal of Directive 2002/95/EC on 3 January 2013. The Directive can be considered to

have provided for two regimes under which exemptions cou ld be considered, RoHS 1

(the former Directive 2002/95/EC) and RoHS 2 (the current Directive 2011/65/EU).

▪ The scope covered by the Directive is now broader a s it covers all electrical and

electronic equipment (EEE; as referred to in Articles 2(1) and 3(1));

▪ The former list of exemptions has been transformed in to Annex III and may be valid

for all product categories according to the limitations listed in Article 5(2) of the

Directive. Annex IV has been added and lists exemptions specific to categories 8 and

9;

▪ The RoHS 2 Directive includes the provision that applications for exemptions have

to be made in accordance with Annex V. However, even if a number of points are

already listed therein, Article 5(8) provides that a harmonised format, as well as

comprehensive guidance – taking the situation of SMEs into account – shall be

adopted by the Commission; and

▪ The procedure and criteria for the adaptation to scientific and technical progress

have changed and now include some additional conditions and points to be

considered. These are detailed below.

▪ The new Directive details the various criteria for the adaptation of its Annexes to

scientific and technical progress. Article 5(1)(a) details the various criteria and issues

that must be considered for justifying the addition of an exemption to Annexes III

and IV:

▪ The first criterion may be seen as a threshold criterion and cross-refers to the REACH

Regulation (1907/2006/EC). An exemption may only be granted if it does not

weaken the environmental and health protection afforded by REACH;

▪ Furthermore, a request for exemption must be found justifiable according to one of

the following three conditions:

▪ Substitution is scientifically or technically impracticable, meaning that a substitute

material, or a substitute for the application in which the restricted substance is used,