EU Modifies RoHS Exemptions for Mercury in Lamps

On 24 February 2022, the EU Official Journal published 12 European Commission delegated directives that end a broad range of existing exemptions for the use of mercury in lamps.

The texts, which amend the RoHS Directive 2011/65/EU in order to adapt it to scientific and technical progress, will enter into force on 16 March 2022 and will start applying on 1 October 2022.

3E Review

Mercury is listed in Annex II of the RoHS Directive 2011/65/EU. However, specific exemptions are granted under Annex III, points 1 to 4. For some of them, no specific time limits (sunset dates) were established. Following a series of applications for renewal, the European Commission evaluated the current mercury exceptions and concluded that safe, mercury-free alternatives were widely available. Thus, mercury-containing lamps may be phased out from the EU market in the upcoming years. However, mercury will be exceptionally authorized for a limited time period in some lamps for which mercury elimination or substitution is still not feasible.

The new sunset dates are expected to lead to a reduction of mercury consumption and limitation of greenhouse gas emissions, especially in the case of fluorescent lamps.

The new mercury rules under RoHS Directive 2011/65/EU may be found in the following delegated directives:

• Commission Delegated Directive (EU) 2022/274 of 13 December 2021 regarding an exemption for the use of mercury in cold cathode fluorescent lamps and external electrode fluorescent lamps for special purposes
• Commission Delegated Directive (EU) 2022/275 of 13 December 2021 regarding an exemption for the use of mercury in other high-pressure sodium (vapor) lamps for general lighting purposes
• Commission Delegated Directive (EU) 2022/276 of 13 December 2021 regarding an exemption for the use of mercury in single capped (compact) fluorescent lamps for general lighting purposes
• Commission Delegated Directive (EU) 2022/277 of 13 December 2021 regarding an exemption for the use of mercury in single capped (compact) fluorescent lamps for general lighting purposes < 30 W with a lifetime equal to or above 20,000 h
• Commission Delegated Directive (EU) 2022/278 of 13 December 2021 regarding an exemption for the use of mercury in metal halide lamps
• Commission Delegated Directive (EU) 2022/279 of 13 December 2021 regarding an exemption for the use of mercury in other discharge lamps for special purposes
• Commission Delegated Directive (EU) 2022/280 of 13 December 2021 regarding an exemption for the use of mercury in other low-pressure discharge lamps
• Commission Delegated Directive (EU) 2022/281 of 13 December 2021 regarding an exemption for the use of mercury in single capped (compact) fluorescent lamps for special purposes
• Commission Delegated Directive (EU) 2022/282 of 13 December 2021 regarding an exemption for the use of mercury in non-linear tri-band phosphor lamps
• Commission Delegated Directive (EU) 2022/283 of 13 December 2021 regarding an exemption for the use of mercury in high-pressure sodium (vapor) lamps with improved color rendering index for general lighting purposes
• Commission Delegated Directive (EU) 2022/284 of 16 December 2021 regarding an exemption for the use of mercury in double-capped linear fluorescent lamps for general lighting purposes
• Commission Delegated Directive (EU) 2022/287 of 13 December 2021 regarding an exemption for mercury in fluorescent lamps for other general lighting and special purposes

3E Analysis

The newly introduced RoHS requirements for mercury in lamps will become enforceable on 1 October 2022. Member states are required to enact implementing national measures by 30 September 2022.

Potentially affected companies are advised to review the exemptions in order to assess whether or not their products will be impacted.