(1)

Article 4(1) of Directive 2011/65/EU requires Member States to ensure that electrical and electronic equipment placed on the market does not contain the hazardous substances listed in Annex II to that Directive. That restriction does not apply to applications listed in Annexes III and IV to that Directive.

(2)

The categories of electrical and electronic equipment to which Directive 2011/65/EU applies are listed in Annex I to that Directive.

(3)

Cadmium and lead are restricted substances listed in Annex II to Directive 2011/65/EU. Lead is restricted with a maximum concentration value of 0,1 % and cadmium with a maximum concentration value of 0,01 % by weight in homogenous materials.

(4)

On 14 December 2015, the Commission received an application made in accordance with Article 5(3) of Directive 2011/65/EU for granting an exemption for cadmium and lead in electrical and electronic windows and doors containing recovered polyvinyl chloride (PVC) (‘the requested exemption’).

(5)

A technical and scientific assessment study (2) was carried out to evaluate the requested exemption. The evaluation included stakeholder consultations as required by Article 5(7) of Directive 2011/65/EU.

(6)

Cadmium and lead are used in recovered PVC frame material for window and door sets for the purpose of polymer stabilisation of the PVC profiles.

(7)

The electrical and electronic equipment described in the requested exemption falls under category 11 of Annex I to Directive 2011/65/EU.

(8)

While lead- and cadmium-free virgin PVC is available on the market, the use of recovered PVC requires lower amounts of energy and natural resources (such as water, petroleum and natural salt) than the amounts that would be otherwise needed for the use of virgin PVC. Therefore, the total negative environmental, health and consumer safety impacts caused by substitution would likely outweigh the total environmental, health and consumer safety benefits thereof. Thus, the requested exemption meets at least one of the relevant conditions specified in Article 5(1), point (a), of Directive 2011/65/EU.

(9)

The exemption does not weaken the environmental and health protection afforded by Regulation (EC) No 1907/2006 of the European Parliament and of the Council (3). The scope of the exemption is limited to the current cadmium and lead restriction entries under that Regulation. In particular, the scope of the exemption has been aligned with the derogation for lead in recovered PVC set out in Commission Regulation (EU) 2023/923 (4).

(10)

It is, therefore, appropriate to grant the exemption by including the applications covered by that exemption in Annex III to Directive 2011/65/EU with respect to electrical and electronic equipment of category 11 of Annex I to Directive 2011/65/EU.

(11)

The expiry date of the exemption should be limited to 28 May 2028, by which time the restriction entry 63, points 18, of Annex XVII to Regulation (EC) No 1907/2006 shall be reviewed. The expiry date is in accordance with the first subparagraph of Article 5(2) of Directive 2011/65/EU.

(12)

Directive 2011/65/EU should therefore be amended accordingly,