Multiple exemption clauses of the EU RoHS Directive have expired

Exemptions are an important part of the RoHS Directive and are listed in Annex III and Annex IV of the RoHS Directive. Annex III is the exemption clause applicable to all electrical and electronic equipment, while Annex IV is the exemption clause specifically for medical devices and monitoring equipment.

RoHS exemptions:

■RoHS exemptions, that is, if certain regulations are met, even if the material does not meet the RoHS limit requirements, it can be put on the EU market for use. It should be noted that exemptions are not always valid. Each clause of the ROHS exemption has a corresponding validity period. Enterprises need to pay attention to the latest developments of RoHS exemptions in real time and pay attention to the expired exempted materials in the product.

■Longest exemption validity period rule - 2011/65/EU Article 5(2)

For the exemptions listed in Annex III on July 21, 2011, for products in categories 1-7, 10, and 11 in Annex I, the maximum exemption period is 5 years, and for products in categories 8 and 9, the maximum exemption period is 7 years, unless a shorter period is specifically specified.

For exemptions listed in Annex IV on July 21, 2011, the maximum exemption period is 7 years, unless a shorter period is specifically stated.

■Rules for application for exemption extension - 2011/65/EU Article 5(5)

The application for renewal should be submitted 18 months before the expiration of the exemption. The existing exemption remains valid until the renewal decision is made.

■Rules for transition period for exemption withdrawal - 2011/65/EU Article 5(6)

When an exemption application is rejected or an exemption is withdrawn, the validity period of the exemption shall expire within 12 months from the date of the decision at the earliest and 18 months from the date of the decision at the latest.

■Exemption clauses are an important part of the EU RoHS Directive. Before the expiration of the exemption clauses, enterprises or industry organizations can apply to the European Commission to extend the validity period of the exemption (18 months in advance). The European Commission shall evaluate the extension application received and decide whether to extend or revise the exemption clauses. If no relevant party applies for an extension, the exemption clause will automatically expire upon expiration; if an enterprise or industry organization applies for an extension, the clause will remain valid during the official evaluation period; if the extension is approved, the official will give a new validity period; if the application for the exemption clause is rejected or the exemption clause is revoked, the clause will expire 12 to 18 months from the date of the decision. According to the requirements of the directive, we divide RoHS exemptions into the following four categories:

. Related equipment and accessories placed on the market before the specified date

. Exemptions in Annex III of the RoHS Directive, applicable to exemptions for all categories of products

. Annex IV of the RoHS Directive, applicable to exemptions for medical devices and monitoring and control equipment

. Exemptions for newly added restricted substances

RoHS Directive Exemption Extension Application Process

■According to Chapter 5(5) of RoHS Directive 2011/65/EU, before the expiration of the exemption clause, EU enterprises or industry organizations may apply to the European Commission for an extension of the exemption validity period. The application should be submitted 18 months before the expiration of the exemption.

■The European Commission will evaluate the extension application received and decide whether to extend the exemption clause. The technical assessment study and stakeholder consultation period is generally about 10 months, during which the relevant parties can submit relevant technical proofs to the assessment agency.

■After the assessment by the assessment agency, an assessment report on the exemption application will be issued.

■The European Commission will formulate a draft decision based on the assessment report and notify the WTO.

■The final exemption update directive will be published in the EU Official Journal (EUOJ).

As of July 21, 2024, many exemption clauses of the EU RoHS Directive will expire, including 22 clauses in all categories, and some clauses in some categories. It is recommended that enterprises using the expired clauses respond in time and check and adjust them to meet the requirements of the RoHS Directive.