EU Introduces RoHS Exemption for Cadmium and Lead in Recovered PVC

Introduction

RoHS restricts the use of certain hazardous substances in electrical and electronic products and their components. However, certain applications may be exempt from RoHS restriction if it is technically or scientifically impracticable to prohibit the use of certain hazardous substances at present

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. An application for renewal of an exemption shall be made no later than 18 months before the exemption expires. Each request must be evaluated, and when appropriate, an exemption is granted.

Exemptions Timeframe

Currently, a RoHS exemption decision is made between 18 and 24 months after the application date. Applications that are older are given priority. Current exemptions for which a request for renewal has been made are still in effect pending the Commission’s determination. This ruling either sets a new expiration date or, in the event that it is denied, provides a grace period of 12 to 18 months prior to the exemption’s expiration. The 18-month renewal application period will be taken into account when determining a new expiration date. Exemptions for which no timely application for renewal was filed will expire on the date indicated in Article 5 or the applicable Directive annexe.

Equipment must adhere to the Directive in order to be sold on the Union market following the submission of a new exemption request, unless the Commission adopts a decision granting a new exception.

The review process used by the Commission consists of several steps:

• Stakeholder consultation and the technical and scientific evaluation research usually take ten months.
• Following the submission of a proposal, the European Parliament and Member States are consulted by the Commission. The Register of Commission Expert Groups contains the agendas and minutes of the Member States expert group on RoHS 2 adaptation and enforcement.
• After being released for public comment for four weeks, the draft delegated directive or decision is informed to the WTO Technical Barriers to Trade Committee and given sixty days to respond.
• The Commission will then approve the Delegated Directive. Before they are formally published, the Commission’s approved draft Delegated directives are accessible. The Interinstitutional register of delegated acts contains information about the draft delegated act’s status.
• The European Parliament and Council begin their two-month scrutiny phase (a request for an extension of the inspection period may be granted). If the co-legislators have no concerns following this period of scrutiny, the Delegated Directive will be published in the Official Journal.

On January 10, 2024, the European Commission published the Directive (EU) 2024/232 to amend the RoHS Directive (Directive 2011/65/EU). The amendment introduces an exemption for cadmium and lead in plastic profiles in electrical and electronic windows and doors containing recovered rigid polyvinyl chloride. The amendment shall enter into force on January 30, 2024. Member States need to apply the new rules from August 1, 2024.

Cadmium and lead are restricted substances listed in Annex II to RoHS Directive with a maximum concentration value of 0.1% for lead and 0.01% for cadmium.

Although there are other lead and cadmium-free PVC materials on the market, recovered rigid PVC consumes more energy and natural resources than these alternatives. More detrimental effects on the environment, human health, and consumer safety would probably result from the substitution. As a result, recovered rigid PVC qualifies for an exemption under the pertinent guidelines outlined in Article 5(1) of the RoHS Directive. 

As per the amendment, entry 46 is added to Annex III, which is a list of applications exempt from Article 4(1) of RoHS Directive, stipulating that electrical and electronic equipment placed on the market shall not contain the hazardous substances listed in Annex II to the Directive.

Details of entry 46 are as follows: