Document type Response from the European Commission to question E-002772/23
Authors: question : Gianna Gancia (ID): Answer Mr Sinkevičius on behalf of the European Commission
Question:
Current EU legislation (Regulation (EU) 2019/2020, Delegated Regulation (EU) 2019/2015 and Directive 2011/65/EU) restricting the use of certain hazardous substances in electrical and electronic equipment does not, unlike the previous Regulation (EU) No 1194/2012, grant exemptions for 'special use products', such as basking spot lights, which emit UV-A/B radiation and contain mercury and are essential for breeding and keeping exotic animals in Europe. This omission has serious repercussions for the welfare of amphibians, reptiles, birds and small mammals in human care, and also undermines biodiversity protection initiatives in zoos and private facilities in the European Union, as highlighted in the scientific report attached to the open letter on this subject by various European animal and veterinary associations and organisations.[1].
Is the European Commission aware of the problems caused by this omission and is it considering reviewing existing legislation to prevent significant harm to these animals and ensure their long-term welfare?
Answer The Commission is aware about such products and carefully considers their practical needs in preparing legal requirements. Regulation (EU) 2019/2020 laying down ecodesign requirements for light sources, has been amended by Regulation (EU) 2021/341, which introduced an exemption from the ecodesign requirements for incandescent lamps, specifically designed and exclusively marketed for infrared heating in Annex III point 3(x). Moreover, there are relevant exemptions related to Ultraviolet (UV)A and UVB radiation under Regulation (EU) 2019/2020, in Annex III points 2(a), 3(c), 3(e), 3(h) and 3(i). Moreover, UV and Infrared (IR) light sources could be out of scope of the regulation due to the range of the (x,y) colour coordinates required in Article 2(a). Under the Restriction of Hazardous Substances Directive, temporary exemptions from the substance restrictions exist, including for mercury in discharge lamps for special purposes (e.g. entries 1(f), 2(b)(4) or 4(f) of Annex III to that directive). In the last review, which was concluded in 2022, specific technical applications were identified, assessed and, if justified, proposed for an explicit exemption with a maximum validity period.
One pertinent exemption entry covers lamps emitting light in the UV spectrum, under which also basking spot lights might fall. Which exemption entry is relevant depends on the individual case. In general, stakeholders can apply for renewal.
