The Evolution of the RoHS Directive: From 2002 to Present Day

What is EU RoHS

The European Union (EU) Restriction of Hazardous Substances (RoHS) Directive is a regulation that aims to limit the use of certain hazardous materials in electrical and electronic equipment (EEE). Initially adopted in 2003 and commonly known as RoHS 1, the directive has undergone revisions, with the latest iteration being RoHS 2 (Directive 2011/65/EU).

The Past RoHS Directive 2002/95/EC

The RoHS Directive, also known as the Restriction of Hazardous Substances Directive, is a set of rules that restricts the use of specific hazardous substances in electrical and electronic equipment with the intention of protecting both human health and the environment. On July 1, 2006, the original RoHS Directive 2002/95/EC, which was adopted in 2002, went into effect. It applies to a variety of products, including appliances, tools, toys, IT/Consumer/Lighting equipment’s and restricts the use of six hazardous materials:

• Lead (Pb) (≤ 0.1 percent or 1,000 ppm)
• Mercury (Hg) (≤ 0.1 percent or 1,000 ppm)
• Cadmium (Cd) (≤ 0.01 percent or 100 ppm)
• Hexavalent chromium (CrVI) (≤ 0.1 percent or 1,000 ppm)
• Polybrominated biphenyls (PBB) (≤ 0.1 percent or 1,000 ppm)
• Polybrominated diphenyl ethers (PBDE) (≤ 0.1 percent or 1,000 ppm)

In 2011, the EU introduced the RoHS Directive 2011/65/EU, also known as RoHS 2. RoHS 2 expands upon the original Directive in several ways. It includes a CE-marking directive, which requires RoHS compliance for products to receive CE marking. Along with adding two new product categories—Categories 8 (Medical devices) and Category 9 (Monitoring and Control Instruments)—RoHS 2 also adds new recordkeeping requirements for compliance.

The Present RoHS Directive 2015/863

In 2015, the EU introduced the RoHS Directive 2015/863 (RoHS 2+), which updates and expands upon the original Directive and RoHS 2 in several ways. The original Directive only applied to a small number of products, whereas the 2015/863 Directive broadens its application to cover all electrical and electronic equipment. The 2015/863 Directive adds limits for four more phthalates to the six hazardous substances that were already prohibited under the original Directive.

• Bis(2-ethylhexyl) phthalate (DEHP) (≤ 0.1 percent or 1,000 ppm)
• Benzyl butyl phthalate (BBP) (≤ 0.1 percent or 1,000 ppm)
• Dibutyl phthalate (DBP) (≤ 0.1 percent or 1,000 ppm)
• Diisobutyl phthalate (DIBP) (≤ 0.1 percent or 1,000 ppm)

Under the Directive, the European Chemicals Agency (ECHA) is responsible for conducting a review of the list of restricted substances every four years. As part of the review process, ECHA is required to consider the potential risks to human health and the environment posed by the use of certain substances in electrical and electronic equipment. If ECHA determines that a substance poses a significant risk, it may recommend that the substance be added to the list of restricted substances under the Directive. The decision to add a substance to the list of restricted substances is ultimately made by the European Commission, in consultation with the Member States and other stakeholders. If the Commission decides to add a substance to the list, it must adopt an amendment to the Directive, which will then come into effect.

The Future RoHS Directive (EU) 2024/232

Proposal to Add Two New Substances to EU RoHS Directive

In May 2022, the European Commission announced that it’s launching a public consultation on the review of EU RoHS Directive. The goals of the European Green Deal, Circular Economy Action Plan, and Chemicals Strategy for Sustainability will all be aided by the review of the current regulations. Feedback on the consultation was welcome until 2 June 2022.

The Commission suggested adding the following two substances to the current RoHS list during this consultation.

• Tetrabromobisphenol A (TBBP-A) and
• Medium-chain chlorinated paraffins (MCCPs)

If this recommendation is approved, it would mean that the number of restricted substances would increase from ten to twelve. The European Commission is planning to adopt the new directive in the fourth quarter of 2022, and the restriction measures for these two substances will be subject to the final decision of the Commission.

RoHS Directive Review Report

On December 7, 2023 the European Commission released its report on the review of the RoHS Directive. The report indicates that, for now, there will be no recast of the directive, but there might be amendments to address current issues. The report highlights challenges in the exemption application and renewal processes, acknowledging that the potential for further reducing hazardous substances in exempted applications is limited. The complexity of assessing technical information is also noted.

The report suggests maintaining current exemptions rather than further narrowing them, emphasizing the need to focus on identifying additional substances to add to the list of restricted substances. The validity periods for time-limited exemptions are deemed too short, particularly for products with long development and testing times.

A proposed change is to transfer the responsibility for technical assessments to the ECHA to enhance the "one substance - one assessment" principle and improve coherence with other chemicals legislation. The report also recommends updating the outdated Frequently Asked Questions (FAQ) document and amending, rather than revising, the Directive.

While the report doesn't recommend an immediate revision, it suggests leaving the door open for future revisions. Potential future changes include updating the scope, removing expired exemptions, considering exemption validity periods, and assessing the appropriateness of introducing fees for the time-limited exemption system. The overall aim is to address shortcomings in the directive, enhance efficiency, and align with other chemicals legislation.