EU: New RoHS exemptions passed.

 

The EU Commission has published three delegated directives regarding three exemptions from RoHS:

• The first one concerns lead in glass or in ceramic of electrical or electronic components, including dielectric ceramic in capacitors.
• The second one concerns lead as an alloying element in steel, aluminium and copper, which are used to manufacture electrical and electronic equipment.
• The third one concerns lead in high melting temperature type solders used in electrical and electronic equipment.

Context of the delegated acts:

Article 4 of the RoHS Directive restricts the use of certain hazardous substances in electrical and electronic equipment (EEE). At present, 10 substances are restricted under Annex II: lead, mercury, cadmium, hexavalent chromium, polybrominated biphenyls (PBBs), polybrominated diphenyl ethers (PBDEs), bis(2-ethylhexyl) phthalate (DEHP), butyl benzyl phthalate (BBP), dibutyl phthalate (DBP), and diisobutyl phthalate (DIBP).

Annexes III and IV list materials and components in specific applications that are exempted from the restrictions of Article 4(1). Article 5 provides for these Annexes to be updated in light of scientific and technical progress, including the granting, renewal, and revocation of exemptions. Under Article 5(1)(a), exemptions may only be granted if they do not reduce the level of protection provided by the REACH Regulation (Regulation (EC) No 1907/2006), and if at least one of the following conditions is met:

• elimination or substitution is scientifically or technically impracticable;
• the reliability of available substitutes cannot be guaranteed;
• substitution would likely result in greater overall negative impacts on health, safety, or the environment than benefits.

When deciding on exemptions and their duration, the Commission must consider the availability of substitutes, socio-economic impacts, and potential effects on innovation. Where relevant, a life-cycle approach should also be applied to assess the overall impact of the exemption.

EEE covered by the RoHS Directive is classified according to the categories in Annex I. Pursuant to Article 5(1), the Commission may include materials and components for specific applications in Annexes III and IV through delegated acts under Article 20. The procedure for applying for exemptions is set out in Article 5(3) and Annex V.

Regarding the exemption for lead in glass or in ceramic of electrical or electronic components, including dielectric ceramic in capacitors:

Lead is restricted under the RoHS Directive, with a maximum concentration of 0.1% in homogeneous materials. Certain exemptions have been granted under Annex III for its use in glass and ceramics (point 7(c)-I) and in dielectric ceramics for high-voltage capacitors (point 7(c)-II). These exemptions were due to expire between 2021 and 2024, depending on equipment category.

The Commission received eight renewal requests for exemption 7(c)-I and one for 7(c)-II, all within the legal timeframe. Technical and scientific assessments, including stakeholder consultations, concluded that lead remains essential in glass and ceramic applications because substitutes are either technically impracticable or insufficiently reliable. Lead provides critical properties such as dielectric, piezoelectric, and pyroelectric functions in ceramics, and improved workability and stability in glass.

As a result, the exemptions meet the renewal criteria under Article 5 of the Directive. To allow more targeted assessments in the future, exemption 7(c)-I will be split into two separate entries: 7(c)-V (lead in glass) and 7(c)-VI (lead in ceramics). The exemptions will be renewed with validity periods reflecting the technical findings, while ensuring at least 18 months for renewal requests before expiry.

The renewal applies to all categories of electrical and electronic equipment listed in Annex I of the Directive. Importantly, the updated exemptions do not reduce the level of environmental and health protection provided under the REACH Regulation.

Regarding the lead as an alloying element in steel, aluminium and copper, which are used to manufacture electrical and electronic equipment:

Lead is restricted under the RoHS Directive to 0.1% by weight in homogeneous materials, but exemptions exist for its use in steel, aluminium, and copper alloys listed in Annex III.

• Steel (point 6(a)-I): Lead is still necessary in certain machining applications and batch hot dip galvanised steel, where substitution is not technically or economically feasible. The exemption will be split into 6(a)-I (machining steel) and 6(a)-II (galvanised steel) to enable more targeted future reviews. A short-term renewal is granted, with one expiry date for all categories.
• Aluminium (points 6(b)-I and 6(b)-II): For recycled aluminium, the maximum lead content will be reduced from 0.4% to 0.3% for cast alloys. The exemption for leaded aluminium used for machining is no longer necessary, as substitutes exist, and will be phased out by 2025 with an 18-month transition. Longer validity periods may apply for categories 9 (industrial monitoring and control instruments) and 11 (other EEE), where redesign and requalification take more time.
• Copper (point 6(c)): Although substitutes are available in some cases, they are not yet sufficiently reliable. The exemption for copper alloys containing up to 4% lead is therefore extended, with one expiry date for all categories.

Scientific and technical studies (completed in 2022 and 2024) supported these decisions, with stakeholder consultations conducted under Article 5(7) of the Directive. Importantly, the exemptions remain aligned with the REACH Regulation, which imposes stricter restrictions for consumer articles to limit children’s lead exposure. To ensure consistency, the exemptions under RoHS will be footnoted with references to these REACH restrictions.

To find out more the details of the newest RoHS exemptions, do not hesitate to contact the Product Compliance Institute.