(1) entry 39(a) is replaced by the following:

(2) the following entry is inserted:

By Delegated Directive (EU) 2017/19752 , the Commission granted an exemption for the use of cadmium selenide in downshifting semiconductor nanocrystal quantum dots for use in display lighting applications (‘the current exemption’), which is listed in entry 39(a) of Annex III to Directive 2011/65/EU. The exemption was to expire on 31 October 2019.

On 29 September 2017, 29 April 2018 and 30 April 2018, the Commission received applications for amending the current exemption (‘the applications’), that is within the time limit laid down in Article 5(5) of Directive 2011/65/EU. In accordance with Article 5(5), second subparagraph, of Directive 2011/65/EU, an exemption remains valid until a decision on the renewal application has been taken.

The evaluation further concluded that alternatives to ‘on-chip’ technology applicable in lighting applications are currently available that are reliable and that achieve similar performance levels. For those applications, the evaluation concluded that the benefits of an exemption would not outweigh the negative environmental, health and consumer safety impacts thereof. The conditions set out in Article 5(1), point (a), of Directive 2011/65/EU are therefore not met for the ‘on-chip’ technology applicable in lighting applications.

‘On-chip’ configuration can also result in less cadmium per device, in particular for liquid crystal displays, compared to ‘on-surface’ configurations, which uses less than 0,01 % by weight of cadmium in homogenous material. Due to greater energy efficiency and lower use of total cadmium, the environmental benefits outweigh the total negative environmental, health and consumer safety impacts caused by a substitution of cadmium.The limited scope of the exemption sought in the applications, in the form of a maximum concentration of cadmium per device, would ensure that less cadmium is placed on the market than under the current exemption. The condition set out in Article 5(1), point (a), third indent, of Directive 2011/65/EU is therefore fulfilled. The exemption is consistent with Regulation (EC) No 1907/2006 of the European Parliament and of the Council5 and does not weaken the environmental and health protection afforded by it.

It is therefore appropriate to grant the exemption for cadmium in downshifting semiconductor nanocrystal quantum dots directly deposited on LED semiconductor chips for use in display and projection applications. It is expected that alternatives for those cadmium quantum dot applications might be available by the end of 2027.