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Release Time:2024-01-19 On January 10, 2023, the European Union issued Directive (EU) 2024/232 in its Official Journal (OJ) to amend the RoHS Directive and add an exemption clause on lead in Annex III. RoHS Annex III is an exemption for electrical and electronic equipment applications. This Directive shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union and shall apply those provisions from 1 August 2024. The relevant contents of the new exemption clause are as follows:
In Annex III to Directive 2011/65/EU（RoHs）, the following entry 46 is added:
Item | Exemption | Scope and dates of applicability |
46 | Cadmium and lead in plastic profiles containing mixtures produced from polyvinyl chloride waste (hereinafter referred to as “recovered rigid PVC”), used for electrical and electronic windows and doors, where the concentration in the recovered rigid PVC material does not exceed 0,1 % cadmium by weight and 1,5 % lead by weight.
From 28 May 2026, rigid PVC recovered from electrical and electronic windows and doors shall only be used for the production of new articles under the categories specified in entry 63, points 18(a) to (d) of Annex XVII to Regulation (EC) No 1907/2006.
Suppliers of PVC articles containing recovered rigid PVC with a concentration of lead equal to or greater than 0,1 % by weight of the PVC material shall ensure, before placing those articles on the market, that they are visibly, legibly and indelibly marked with the statement: “Contains ≥ 0,1 % lead”. Where the marking cannot be provided on the article due to the nature of the article, it shall be on the packaging of the article. Suppliers of PVC articles containing recovered rigid PVC shall submit to national enforcement authorities upon request documentary evidence to substantiate the claims on the recovered origin of the PVC in those articles. Certificates issued by schemes to provide proof of traceability and recycled content, such as those developed according to EN 15343:2007 or equivalent recognised standards, may be used to substantiate such claims for PVC articles produced in the Union. Claims made on the recovered origin of the PVC in imported articles shall be accompanied by a certificate that provides equivalent proof of traceability and recycled content, issued by an independent third party. | Applies to category 11 and expires on 28 May 2028. |
General principles for exemption clauses
Before the expiry of the exemption clause, enterprises or industrial organizations can apply to the European Commission for extending the validity of the exemption (18 months in advance). The European Commission shall evaluate the extension application received and decide whether to extend the exemption clause.
If no relevant party applies for extension, it will automatically expire upon expiration.
If enterprises or industrial organizations apply for extension, these exemptions will continue to be valid until the evaluation results are published. If the official approves the extension application, the official will give a new period of validity; If the exemption is revoked after the assessment, 12 to 18 months will be set for the transition of industry replacement materials.
It should be noted that the exemption is not always valid. Each clause of RoHS exemption has a corresponding period of validity. Enterprises should pay attention to the latest developments of RoHS exemption in real time, and pay attention to the replacement of expired exemption materials in products.
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