EU : New draft introducing updates to the RoHS Directive

 

The EU Commission is assessing updates to the EU RoHS Directive. The changes affect lead in glass of fluorescent tubes as well as lead and cadmium in laser tubes.

Under the EU’s RoHS framework, the use of certain hazardous substances in electrical and electronic equipment (EEE) is restricted. However, businesses and organisations may apply for specific, time-limited exemptions where the legal criteria are satisfied.

The proposed Commission Delegated Directive amends Annexes III and IV to Directive 2011/65/EU (the RoHS Directive) to introduce exemptions for the use of lead and cadmium in certain electrical and electronic equipment. The amendments are intended to reflect scientific and technical progress.

Article 4 of the RoHS Directive restricts the use of ten hazardous substances in EEE, which are listed in Annex II. These substances are 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 set out exemptions from these restrictions for specific materials and components used in particular EEE applications. Article 5 empowers the Commission to adapt these Annexes to scientific and technical progress by granting, renewing, or revoking exemptions.

Under Article 5(1)(a), an exemption may be granted only where it does not reduce the level of environmental and health protection provided by Regulation (EC) No 1907/2006 (the REACH Regulation) and where at least one of the following conditions is fulfilled:

• eliminating or substituting the restricted substance through design changes or alternative materials and components is scientifically or technically impracticable;
• the reliability of available substitutes cannot be ensured; or
• the overall negative environmental, health and consumer safety impacts of substitution are likely to outweigh the corresponding benefits.

When deciding whether to grant an exemption and determining its duration, the Commission must consider the availability of suitable substitutes, the socioeconomic impacts of substitution, and any potential effects on innovation. Where relevant, the assessment must also take account of the exemption’s overall lifecycle impacts.

Electrical and electronic equipment falling within the scope of the RoHS Directive is classified according to the categories listed in Annex I. Pursuant to Article 5(1), the Commission may amend Annexes III and IV through individual delegated acts adopted under Article 20. The procedure for submitting exemption applications is set out in Article 5(3) and Annex V.

To find out more about material compliance as well as planned changes to EU RoHS, please do not hesitate to contact the Product Compliance Institute directly.