Implementation of the RoHS Directive

Information about the implementation of the RoHS Directive, including the exemption procedure, timeframe and assessment studies. 

Exemptions Procedure

The RoHS 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 limited in time and reassessed on a regular basis, taking 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 regularly applies for the renewal of exemptions or for additional applications to be exempted from the Directive's requirements. Each request must be evaluated, and when appropriate, an exemption is granted.

Exemptions Timeframe

A decision on a RoHS exemption currently takes 18 to 24 months from the application date. Priority is given to older applications. Existing exemptions for which a renewal request has been submitted remain valid until a decision is taken by the Commission. This decision either indicates a new expiry date or, in case of rejection, grants a transition period of 12 to 18 months before the exemption expires. Exemptions for which no application for renewal was submitted in due time will expire on the date specified in Article 5 or in the relevant annex of the Directive.

After submitting a request for a new exemption, equipment must comply with the Directive to be placed on the Union market, until a decision granting a new exemption is adopted by the Commission.

Review

Review of RoHS 1

The aim of the RoHS recast was, among other things, to reduce administrative burdens and ensure coherency with newer policies and legislation. These cover, for example, chemicals and the new legal framework for marketing products in the European Union.