The evaluation of the exemption requests consists of the following elements:

  • Consultation with stakeholders and clarification on questions asked by stakeholders;
  • Consider previous assessments of the exemptions and also assessment per-formed under other relevant legislations such as the Directive 2000/53/EC on End of Life of Vehicles (ELV) and the regulation (EC) No 1907/2006 of the European Parliament and of the Council concerning the Registration, Evaluation, Authorisation and Restriction of Chemicals (REACH);
  • Clear and robust assessment on whether the above exemptions are still justified in line with Art. 5(1)(a) of the Directive, including a clear and unambiguous updated wording proposal and review or expiry dates if necessary;
  • Assessment of whether the use of a specific restricted substance is still unavoidable or in contrary whether and how its use can be avoided via design changes or substitution of the restricted substance.
  • Inform about the efforts that have been made to find alternatives and if alternative techniques / materials might be available by an expiry date;
  • If substitutes exist, indicate whether any scientific, technical or other reasons justify that it is not used or usable; and if the negative environmental, health and / or consumer safety impacts caused by the substitute might outweigh the benefits.
  • Assessment of the use of substitutes in the light of other EU policies related to initiatives and programmes such as Resource-efficient Europe, Circular Economy Action Plan, Sustainable Production and Consumption, Sustainable Industrial Policy, Raw Materials Initiative.
  • Indicate any similar application in which the substance / substitute is used and why it is not suit-able for the application in question; and
  • Give indications on necessary transition periods and include provisions for regulation of spare parts.