Exemptions of RoHS Directive Updated

The RoHS Directive aims to prevent the risks posed to human health and the environment related to the management of electronic and electrical waste by restricting the use of certain hazardous substances such as heavy metals, flame retardants or plasticizers in EEE that can be substituted by safer alternatives.

However, this legislation also allows for exemptions from its restrictions, under certain conditions defined in article 5(1), adapting the Annexes to scientific and technical progress and are listed in Annex III and Annex IV. The exemptions in Annex III are suitable for all EEE. Meanwhile, the exemptions in Annex IV are only suitable for medical devices and monitoring and control instruments.

Commission Delegated Directive (EU) 2024/232 of 25 October 2023 amending Directive 2011/65/EU of the European Parliament and of the Council as regards an exemption for cadmium and lead in plastic profiles in electrical and electronic windows and doors containing recovered rigid polyvinyl chloride.

46. Cadmium and lead in plastic profiles containing mixtures produced from polyvinyl chloride waste (hereinafter referred to as [re-covered rigid PVC"), used for electrical and electronic windows and doors, where the concentration in the recovered rigid PVC mate-rial does not exceed 0,1 % cadmium by weight and 1,5 % lead by weight.

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.

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