RoHS July 2024 Exemption Deadline Approaches

RoHS July 2024

The Restriction of Hazardous Substances Directive (RoHS) is cornerstone legislation ensuring the safety of all electrical and electronic equipment manufactured and sold within the European Union. The need for exemptions has persisted since the directives inception due to specific use cases where alternates and substitutes are not available. The exemptions as created have a one to four year sunset date and may be renewed upon acceptance criteria submitted by various industrial organizations. Organizations are required to submit paperwork to the Oeko Institute eighteen months prior to the exemption expiration date before a renewal can be issued.

Several exemptions are set to expire as of July 21st, 2024. With the deadline coming up quickly, companies need to determine their risk of not being able to use exemptions set to expire. At the moment, we are waiting for the commission to provide an update on which exemptions will expire and which will be renewed. As we all are aware, a failure to comply with the regulation can result in a loss of market access and noncompliance fines.

The following exemptions are awaiting renewal:

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• 6(a) Lead as an alloying element in steel for machining purposes and in galvanized steel containing up to 0,35 % lead by weight for category 9 industrial monitoring and control instruments, and for category 1.
• 6(b) Lead as an alloying element in aluminum containing up to 0,4 % lead by weight for category 9 industrial monitoring and control instruments, and for category 11.

• 6(c) Copper alloy containing up to 4 % lead by weight for category 9 industrial monitoring and control instruments, and for category 11.

• 7(a) Lead in high melting temperature type solders (i.e. lead-based alloys containing 85 % by weight or more lead) for category 9 industrial monitoring and control instruments, and for category 11

• 7(c)-I Electrical and electronic components containing lead in a glass or ceramic other than dielectric ceramic in capacitors, e.g. piezoelectronic devices, or in a glass or ceramic matrix compound for category 9 industrial monitoring and control instruments, and for category 11  

• 7(c)-II Lead in dielectric ceramic in capacitors for a rated voltage of 125 V AC or 250 V DC or higher for category 9 industrial monitoring and control instruments, and for category 11

• 8(b) Cadmium and its compounds in electrical contacts for category

• 9 industrial monitoring and control instruments, and for category 11

• 13(a) Lead in white glasses used for optical applications for category 9 industrial monitoring and control instruments and for category 11

• 13(b) Cadmium and lead in filter glasses and glasses used for reflectance standards for category 9 industrial monitoring and control instruments and for category 11

• 15 Lead in solders to complete a viable electrical connection between semiconductor die and carrier within integrated circuit flip chip packages for category 9 industrial monitoring and control instruments, and for category 11

• 18(b) Lead as activator in the fluorescent powder (1 % lead by weight or less) of discharge lamps when used as sun tanning lamps containing phosphors such as BSP (BaSi2O5:Pb) for category 9 industrial monitoring and control instruments, and for category 11

• 24 Lead in solders for the soldering to machined through hole discoidal and planar array ceramic multilayer capacitors for category 9 industrial monitoring and control instruments

• 29 Lead bound in crystal glass as defined in Annex I (Categories 1, 2, 3 and 4) of Council Directive 69/493/EEC for category 11

• 32 Lead oxide in seal frit used for making window assemblies for Argon and Krypton laser tubes for category 9 industrial monitoring and control instruments

• 34 Lead in cermet-based trimmer potentiometer elements for category 9 industrial monitoring and control instruments, and for category 11
• 42  Lead in bearings and bushes applied in certain non-road professional use equipment for category 11

• 44 Lead in solders used in certain combustion engines for category 11

It is important that companies review their current compliance data to determine usage and/or compliance to the exemptions referenced above. A plan for compliant replacement materials must be pursued if an exemption expires. Ideally, companies would have started the re-qualification process one to two years prior to exemption expiration.

Next Steps

Review your company's compliance data to determine which products are affected by the potential exemption(s) not being renewed. Determine the level of risk associated with finding alternate and substitute materials. Alternative materials and compliant substitute parts may be available but will need to be tested for safety and CE adherence. Begin qualification of products affected.

Unfortunately, waiting this late in the game, may cause stop shipments, fines, and fees in the near future. Work with senior management to calculate the potential impact to revenues associated with noncompliance or an inability to access the European market.

While reviewing your current compliance data, highlight which suppliers might be at risk for noncompliance in the near future. Both manufacturers and suppliers will need to collaborate on producing or acquiring compliant parts and material. This can be a challenge for the supply chain as many have not been paying attention to the exemptions and await instructions from their customers.

While noncompliance parts can be subject to recalls, fines, and stopped shipments at customs, this can be avoided with proper due diligence.

If your company already has RoHS compliance processes and a program in place, you might need an outside review of your products and materials to determine the risk level. BlueCircle Advisors conducts product assessments and can highlight materials of concern and suggest potential replacements.

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We can assess your level of RoHS compliance and help you protect company revenues during these uncertain times. Contact us

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As with all compliance regulations, understanding what constitutes due diligence to the regulation is important. All companies must meet compliance obligations in order to continue manufacturing and selling product in the United States. Companies must have documentation that validates material content, supplier declarations, data collection practices, and systems for managing and controlling compliance.

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