EU: Updates to EU RoHS as regards exemption points for lead and cadmium in certain electrical and electronic equipment 

 

The EU has published updates to EU RoHS. They are contained in the draft Commission delegated directive amending Annex III and IV to Directive 2011/65/EU of the European Parliament and of the Council as regards exemption points for lead and cadmium in certain electrical and electronic equipment. 

Context of the delegated act: 

This Commission Delegated Directive amends Annexes III and IV to Directive 2011/65/EU of the European Parliament and of the Council on the restriction of the use of certain hazardous substances in electrical and electronic equipment (the RoHS Directive)¹ by updating the exemptions for lead and cadmium in certain electrical and electronic equipment (EEE) in order to reflect scientific and technical progress. 

Article 4 of the RoHS Directive restricts the use of hazardous substances in EEE. Annex II currently lists ten restricted substances: 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 specify materials and components used in particular EEE applications that are exempt from the restrictions laid down in Article 4(1). Pursuant to Article 5, those Annexes may be adapted to scientific and technical progress through the granting, renewal or revocation of exemptions. Under Article 5(1)(a), an exemption may be included in Annexes III or IV only where it does not reduce the level of environmental and health protection provided by Regulation (EC) No 1907/2006 (the REACH Regulation)² and where at least one of the following conditions is fulfilled: 

• the elimination or substitution of the restricted substance through design changes or the use of alternative materials or components is scientifically or technically impracticable; 

• the reliability of available substitutes cannot be ensured; or 

• the overall environmental, health and consumer safety benefits of substitution are likely to be outweighed by its overall negative environmental, health and consumer safety impacts. 

When deciding whether to grant, renew or revoke an exemption, and when determining its duration, the Commission must take into account the availability and reliability of substitutes, the socioeconomic impacts of substitution, any potential effects on innovation, and, where appropriate, the life-cycle impacts of the exemption. 

Electrical and electronic equipment falling within the scope of the RoHS Directive is classified in accordance with the categories set out in Annex I. Article 5(1), read in conjunction with Article 20, empowers the Commission to amend Annexes III and IV by means of delegated acts to include or remove exemptions for specific materials and components used in particular EEE applications. The procedure for submitting and assessing exemption applications is laid down in Article 5(3) and Annex V. 

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