Status and Progress of RoHS 2 Annex III Exemption Clauses Updates: Since 2003, the EU has implemented RoHS (Restriction of Hazardous Substances, Directive 2002/95/EC) to regulate hazardous substances in electrical and electronic equipment. The updated regulation, RoHS 2 (Restriction of the Use of Certain Hazardous Substances in Electrical and Electronic Equipment, Directive 2011/65/EU), came into effect on July 21, 2011. It covers 11 product categories, regulating substances including lead, mercury, cadmium, hexavalent chromium, polybrominated biphenyls (PBBBs), polybrominated diphenyl ethers (PBDEs), and four phthalates. Taking into account the feasibility of existing science and technology, the practicality of alternatives, and socio-economic impacts, Annex III and Annex IV establish exemptions and their validity periods for specific regulated substances in specific products. Before the expiration of an exemption, manufacturers can apply to the European Commission for an extension of the existing exemption validity period, based on their own needs. Article 5 of RoHS 2 states that the exemption provisions in Appendix 3 shall be valid until July 21, 2016 for products in categories 1 to 7 and 10, and until July 21, 2018 for products in categories 8 and 9. In response to the expiration of exemptions in 2016, many manufacturers submitted applications to the European Commission for renewal (extension) of the validity of multiple exemption clauses before January 21, 2015. Although Article 2 of RoHS stipulates that the European Commission should make a decision no later than 6 months before the expiration of the exemption period, the European Commission has only published the renewal of the validity of three exemptions (13(b), 13(a) and 9(b)) in June this year (2017) for the renewal of the validity of approximately 30 exemption clauses. In September, it announced eight proposals for renewal of the validity of exemptions related to lead, including clauses 6(a), 6(b), 6(c), 7(a), 7(c)-I, 18(b), 24, and 34, covering lead in steel, aluminum alloys, copper alloys, lead in metal ceramic potentiometers, lead in glass or ceramics, etc. Public consultation is currently underway, and opinions will be collected until October 17. It is worth noting that for exemption proposals still under review, the exemption clause remains valid until the Commission makes a ruling. If an application to extend the validity of an exemption is ultimately rejected, the European Commission will grant a transition period of 12 to 18 months from the date of the ruling announcement to help manufacturers adapt. The Industrial Development Bureau of the Ministry of Economic Affairs has compiled the following table summarizing the latest developments regarding applications for extension of exemption clauses in Annex III of RoHS 2 and EU decisions, for domestic manufacturers' reference, to help their products comply with EU RoHS 2 regulations. The attached table can be found at: https://drive.google.com/file/d/0B6WipJ_1sPPeV2JmWllKcWNWTVk/view In addition to updates to the exemption clauses in Annex III, the European Commission also proposed a draft amendment to RoHS 2 in January of this year, specifically relaxing exclusions, such as electrical and electronic equipment, spare parts, traction-powered off-road motor vehicles, and pipe organs circulating in the secondary market. This move is widely considered to encourage the refurbishment and reuse of electrical and electronic equipment and promote the development of a circular economy within the EU. In June of this year, the Council of the European Union and the European Parliament reached an agreement on this draft, which will be formally voted on in early October. Once adopted, it will officially take effect 20 days after being published in the Official Journal of the European Union. Member States must implement laws, regulations, and administrative measures in accordance with this amendment within 10 months of its entry into force. The International Chemicals Policy Advocacy Network will closely monitor the voting progress of the RoHS 2 amendment draft and provide timely updates for domestic manufacturers' reference. Source: International Chemicals Policy Advocacy Network (2017-09-30)
