EU Amends Directive 2011/65/EU - Exemption for Cadmium and Lead in Electrical and Electronic Windows and Doors

The European Commission issued Commission Delegated Directive (EU) 2024/232 on 25 October 2023, amending Directive 2011/65/EU of the European Parliament and of the Council. This amendment ensures a balance between environmental sustainability and consumer safety by recognizing the benefits of using recovered PVC in specific electrical and electronic applications. The Directive will enter into force on 30 January 2024 and Member States shall apply the provisions from 1 August 2024. 

This amendment introduces an exemption for cadmium and lead in plastic profiles used in electrical and electronic windows and doors containing recovered rigid polyvinyl chloride (PVC). The exemption is based on a comprehensive technical and scientific assessment, including stakeholder consultations as required by Article 5(7) of Directive 2011/65/EU. 

Key Points of the Amendment: 

• Background: Directive 2011/65/EU restricts the use of hazardous substances listed in Annex II in electrical and electronic equipment, including cadmium and lead. The restriction does not apply to applications listed in Annexes III and IV. 

• Exemption Request: An application for an exemption for cadmium and lead in electrical and electronic windows and doors containing recovered PVC was submitted on 14 December 2015. 

• Evaluation: A thorough technical and scientific assessment study was conducted to evaluate the requested exemption, taking into account the environmental, health, and consumer safety impacts. 

• Scope: The exemption applies to electrical and electronic equipment falling under category 11 of Annex I to Directive 2011/65/EU (other electrical and electronic equipment). 

• Environmental Considerations: The use of recovered PVC, despite containing lead and cadmium, is considered preferable due to its lower energy and natural resource requirements compared to virgin PVC. The exemption is in line with the principles of environmental and health protection. 

• Limited Scope and Expiry Date: The exemption does not weaken the protection provided by Regulation (EC) No 1907/2006. The scope is in line with the relevant regulations, and the exemption will expire on 28 May 2028. 

Specific details outlined in the newly added Annex III to Directive 2011/65/EU. 

ANNEX III - Entry 46: Cadmium and Lead in Plastic Profiles 

‘Cadmium and lead in plastic profiles containing mixtures produced from polyvinyl chloride waste (hereinafter referred to as “recovered rigid PVC”), used for electrical and electronic windows and doors, where the concentration in the recovered rigid PVC material does not exceed 0,1 % cadmium by weight and 1,5 % lead by weight. 

From 28 May 2026, rigid PVC recovered from electrical and electronic windows and doors shall only be used for the production of new articles under the categories specified in entry 63, points 18(a) to (d) of Annex XVII to Regulation (EC) No 1907/2006. 

Suppliers of PVC articles containing recovered rigid PVC with a concentration of lead equal to or greater than 0,1 % by weight of the PVC material shall ensure, before placing those articles on the market, that they are visibly, legibly and indelibly marked with the statement: “Contains ≥ 0,1 % lead”. Where the marking cannot be provided on the article due to the nature of the article, it shall be on the packaging of the article. 

Suppliers of PVC articles containing recovered rigid PVC shall submit to national enforcement authorities upon request documentary evidence to substantiate the claims on the recovered origin of the PVC in those articles. Certificates issued by schemes to provide proof of traceability and recycled content, such as those developed according to EN 15343:2007 or equivalent recognised standards, may be used to substantiate such claims for PVC articles produced in the Union. Claims made on the recovered origin of the PVC in imported articles shall be accompanied by a certificate that provides equivalent proof of traceability and recycled content, issued by an independent third party. 

Applies to category 11 and expires on 28 May 2028.’ 

This detailed entry specifies the conditions, restrictions, and obligations related to the use of recovered rigid PVC in electrical and electronic windows and doors. Please ensure compliance with the requirements outlined to effectively navigate this regulatory landscape effectively. 

For further details and a complete overview of the amended Directive, please refer to Commission Delegated Directive (EU) 2024/232.