All you need to Know About the Latest EU RoHS Exemption List

Staying abreast of the recent compliance certification directives can be daunting for many manufacturing companies due to the evolving nature of the compliance and regulatory landscape. In case you are wondering what’s new with the EU’s list of Restriction of Certain Harmful Substances (RoHS) in the Hazardous Substances Directives in electrical and electronic equipment that manufacturers or suppliers need to keep note of, we have some news for you!

First, what is the role of the RoHS Directive?

RoHS was first anchored under the EU Directive 2011/65. The RoHS certification confirms if the electrical or electronic products contain safe proportions of substances or materials that are hazardous and difficult to dispose of. The hazardous list of substances includes but is not limited to lead, mercury, hexavalent chromium, and cadmium which have far-reaching impacts on the environment and health of communities that are frequently exposed.

Manufacturers of electronic devices are instructed to use safer and environmental-safe alternatives to these hazardous substances. They are required to mention the details of components and their proportions in technical documentation as per DIN EN 50581 directive. In 2011, the EU directed manufacturers to use CE-certified products that satisfy the applicable requirements under the community harmonization legislation, upon its installation.

What’s Changed with RoHS Exemption List?

In March 2020, the European Commission revised the EU’s RoHS exemptions, and manufacturers or producers of electrical and electronic supplies are allowed to apply for exemptions under Annexes III and IV for substance restriction limits under certain applications and uses. However, the expiration dates for exemptions vary and are likely to have expired in 2021. Many industry participants have reportedly pushed for its renewal.

Refer to the status of renewal requests and notices in the downloadable list available on the European Commission’s website. Additionally, you can view the renewal dossiers for exemptions on the COCIR European Trade site. For detailed updates on the restricted substances and new exemptions, download the final report.

Expected Updates on Key EU RoHS Exemptions in the Third Quarter of 2024

The European Commission's latest announcement regarding the target adoption dates for the EU Restriction of Hazardous Substances (RoHS) exemptions in the third quarter of 2024 is a significant development for the electronics manufacturing industry. These exemptions, particularly 7(a), 7(c)-i, 7(c)-ii, and 6(a) among others, have been under review since January 2020. The delay in updating these exemptions has extended the validity of current exemptions that were due to expire in July 2021, pending the decision on renewal requests submitted by industry stakeholders.

The exemptions are critical for manufacturers because they allow the continued use of certain hazardous substances in electronics that are otherwise restricted under the RoHS directive. For instance, exemption 7(a) allows for the use of lead in high melting temperature type solders, which are crucial in many electronics due to their durability and performance characteristics.

The European Commission has involved the Oko-Institut e.V. to provide recommendations on these exemptions, with a report published back in February 2022. However, despite the availability of these recommendations, the Commission has not yet made a final decision. The historical trend of missing target adoption dates raises concerns about potential delays beyond 2024.

For the electronics industry, these updates are essential not only for compliance but also for planning future product developments and supply chain adjustments. Manufacturers and other stakeholders should keep a close watch on the European Commission's updates and prepare for any outcomes regarding the adoption of these exemptions.

RoHS Exemption Procedure

The Directive allows for exemptions from its restrictions, under certain conditions defined in Article 5(1), adapting the Annexes to scientific and technical progress.

Exemptions are granted on a case-by-case basis and are limited in time. They must be reassessed on a regular basis to ensure that they remain necessary and appropriate. When reassessing an exemption, the following factors are taken into account:

  • The availability, practicability, and reliability of substitutes
  • The environmental, health, and consumer safety impacts of substitution
  • The socioeconomic impact of substitution
  • Any potential adverse impacts on innovation Industry stakeholders can apply for exemptions or for the renewal of existing exemptions. An application for renewal of an exemption must be made no later than 18 months before the exemption expires. Each request is evaluated on its own merits, and when appropriate, an exemption is granted.

Assessment studies are conducted to evaluate the impact of substances on human health and the environment. These studies are used to determine whether an exemption is necessary and appropriate. The results of these studies are publicly available and can be accessed by stakeholders and the general public.

Acquis supports you in RoHS compliance specific to your country with a slew of IT solutions and services that design, automate, and speed up the process.

Learn more about our EU RoHS compliance support or contact us to help you get started!

Speak to Our Compliance Experts

Share