FAQs on RoHS Exemptions to be Expired on 21 July 2016

Large amount of RoHS exemptions are to beexpired on 21 July 2016. Given no official publication of the Europe Union,those electrical and electronic equipment (EEE) cannot benefit from theexemptions after their expiry date (21 July 2016). Many businesses are veryconcerned about it as they are wondering whether they have to improve themanufacturing techniques if the exemption expires. To be fair, there are stilllots of techniques lacking in substitutes, while does it mean some businesseshave to say goodbye to the EU market?
Waltek is willing to help you with these questions.

Q: What is an exemption in RoHS 2.0?
A: Taking account of the existing scientific and technical progress as well associoeconomic benefits, 2011/65/EU Directive (RoHS 2.0) restricts the use of certainhazardous substances in electrical and electronic equipment on the Europeanmarket. RoHS 2.0 also prepares Annexes III and IV to specify products fallingwithin the category can be exempted from restrictions on hazardous substancesin Annex II. It is the so-called exemption. However, products shall be subjectto the limits of restricted substances (10) listed in Annex II when theexemption expires.

Q: How long will an exemption be valid?
A: Maximum validity period of exemptions under RoHS 2 as of 21 July 2011 unlessa shorter period is specified

Q: Whatshould you do for the exemptions to be expired?
A: For exemptions to be expired, businesses can submit applications forrenewal, revision on limits or other amendments. The Commission decision onrenewal request(s) for an exemption will either indicate the new expiry date incase of renewal, or, in case of rejection, grant a transition before theexemption expires, i.e. a period of minimum 12 months, maximum 18 monthsfollowing the decision date.
 
Q: What does it mean if no application for renewal or revision for theexemptions to be expired?
A: Where an exemption with no application for renewal or revision within 18months before the expiry date, the limits for the restricted substances (10) inAnnex II shall be enforced. Businesses should comply with RoHS otherwise theywould exit the European market.
 
Q: Which exemptions are to be expired while with no application for renewal orrevision?
A: The exemptions to be expired while with no application for renewal or revisionare as the followings:

It isclear that point 7 (b) application of Annex III has been withdrawn with nofurther application; point 39 has expired on 1 July 2014 while its applicationfor renewal is still at stakeholder consultation, the evaluation result isexpected to be issued on the second quarter of 2016.
Businesses fulfilling the above exemptions shall improve the products as soonas possible to ensure they can meet the restrictions in RoHS 2.0.
 
Q: How about the progress on exemptions with application for renewal orrevision?
A: Öko-Institut organises a series of stakeholder consultations for exemptionswith applications submitted, for example, consultation for Pack 7 and Pack 9covers 32 exemptions. As of today, the stakeholder consultation for Pack 9 hasended but with no results to the public yet. A final report was published on 2February 2016 including recommendations as the following:

In thelight of above recommendations, the European Union will reach a final decisionwhich enters into force following its publication on the Official Journalof the European Union.