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Previous exemptions studies
Older RoHS 1 studies
„Adaptation to Scientific and Technical Progress under Directive 2002/95/EC“ – Review of existing exemptions and evaluation of new requests for exemptions
- Commissioned by: DG Environment
- Author: Öko-Institut and Fraunhofer IZM
- Start Date: 30 October 2007
End Date: 30 October 2008 - Description: This Study was launched by the Commission to look at the 29 applications of lead, mercury, cadmium and hexavalent chromium which are currently listed by the Annex to the RoHS Directive and are exempted from the Directive’s substance restrictions. According to the Directive, the Commission shall carry out a review of each exemption listed in the Annex at least every four years or four years after an item is added to the list. Furthermore, the Study looked at 5 new requests for exemption. The Commission regularly receives from industry additional requests for applications to be exempted from the requirements of Directive 2002/95/EC. These requests need to be evaluated in order to assess whether they fulfil the requirements mentioned at Article 5 (1) (b) of the Directive.
- Link to :
„Adaptation to Scientific and Technical Progress under Directive 2002/95/EC (RoHS) – Evaluation of Exemptions“
- Commissioned by: DG Environment
- Author: Öko-Institut and Fraunhofer IZM
- Date: 22 October 2007
- Extract: The Commission regularly receives from industry additional requests for applications to be exempted from the requirements of Directive 2002/95/EC. These requests need to be evaluated in order to assess whether they fulfil the requirements mentioned at Article 5 (1) (b) of the Directive. This study by Öko-Institut and Fraunhofer IZM looks at 34 requests for exemption. It provides a clear assessment of whether the requests for exemptions are justified in line with the requirements listed in Article 5 (1) (b) and a subsequent recommendation on whether or not to grant the exemption – including a precise wording.
- Links to:
„Adaptation to scientific and technical progress under Directive 2002/95/EC“
- Commissioned by: DG Environment
- Date: July 2006
- Author: Öko-Institut and Fraunhofer IZM
- Extract: The Commission regularly receives from industry additional requests for applications to be exempted from the requirements of Directive 2002/95/EC. These requests need to be evaluated in order to assess whether they fulfil the requirements mentioned at Article 5 (1) (b) of the Directive. This study by Öko-Institut and Fraunhofer IZM looks at 88 requests for exemption. It provides a clear assessment of whether the requests for exemptions are justified in line with the requirements listed in Article 5 (1) (b) and a subsequent recommendation on whether or not to grant the exemption – including a precise wording.
- Links to:
- Interim Report (zip~375K), October 2005.
- Final report, July 2006 (pdf~880K) – Annexes 1 (zip~1Mb), 2 (pdf~36K) and 3 (pdf~358K)
„Technical adaptation under Directive 2002/95/EC (RoHS) – Investigation of exemptions“
- Commissioned by: DG Environment
- Author: ERA Technology
- Date: December 2004
- Extract: This Study is a technical review of three of the applications listed in Item 10 of the Annex to the RoHS Directive and also looks at eight new exemptions proposed the industry. The requested exemptions have been investigated and the technical reasons of the requests are explained. For this purpose, ERA has carried out in-depth investigations which included extensive consultation with leading researchers working in the relevant as well as consulting the scientific and patent literature.
- Links to:
- Final report (pdf~1,8Mb).
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Waste Electrical & Electronic Equipment (WEEE)
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Waste of electrical and electronic equipment (WEEE) such as computers, TV-sets, fridges and cell phones is one the fastest growing waste streams in the EU, with some 9 million tonnes generated in 2005, and expected to grow to more than 12 million tonnes by 2020.
WEEE is a complex mixture of materials and components that because of their hazardous content, and if not properly managed, can cause major environmental and health problems. Moreover, the production of modern electronics requires the use of scarce and expensive resources (e.g. around 10% of total gold worldwide is used for their production). To improve the environmental management of WEEE and to contribute to a circular economy and enhance resource efficiency the improvement of collection, treatment and recycling of electronics at the end of their life is essential.
To address these problems two pieces of legislation have been put in place: The Directive on waste electrical and electronic equipment (WEEE Directive) and the Directive on the restriction of the use of certain hazardous substances in electrical and electronic equipment (RoHS Directive)
The first WEEE Directive (Directive 2002/96/EC) entered into force in February 2003. The Directive provided for the creation of collection schemes where consumers return their WEEE free of charge. These schemes aim to increase the recycling of WEEE and/or re-use.
In December 2008, the European Commission proposed to revise the Directive in order to tackle the fast increasing waste stream. The new WEEE Directive 2012/19/EU entered into force on 13 August 2012 and became effective on 14 February 2014.
EU legislation restricting the use of hazardous substances in electrical and electronic equipment (RoHS Directive 2002/95/EC) entered into force in February 2003. The legislation requires heavy metals such as lead, mercury, cadmium, and hexavalent chromium and flame retardants such as polybrominated biphenyls (PBB) or polybrominated diphenyl ethers (PBDE) to be substituted by safer alternatives. In December 2008, the European Commission proposed to revise the Directive. The RoHS recast Directive 2011/65/EU became effective on 3 January 2013 (more information about RoHS is available here).
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The RoHS Directive
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EU legislation restricting the use of hazardous substances in electrical and electronic equipment (EEE) and promoting the collection and recycling of such equipment has been in force since February 2003. The legislation provides for the creation of collection schemes where consumers return their used waste EEE free of charge. The objective of these schemes is to increase the recycling and/or re-use of such products. The legislation also requires certain hazardous substances (heavy metals such as lead, mercury, cadmium, and hexavalent chromium and flame retardants such as polybrominated biphenyls (PBB) or polybrominated diphenyl ethers (PBDE)) to be substituted by safer alternatives. Waste EEE poses environmental and health risks if inadequately treated. The RoHS and WEEE directives on electrical and electronic equipment were recast in 2011 and 2012 to tackle the fast increasing waste stream of such products. The aim is to increase the amount of waste EEE that is appropriately treated and to reduce the volume that goes to disposal.
The 2017 RoHS 2 scope review proposal
In January 2017, the Commission adopted a legislative proposal to introduce adjustments in the scope of the Directive, supported by the impact assessment. The preparatory RoHS 2 scope review studies are also available. The respective legislative act amending the RoHS 2 Directive, adopted by the European Parliament and the Council, has been published in the Official Journal on 21 November 2017.
The 2011 RoHS recast
The aim of the RoHS recast was, among other things, to reduce administrative burdens and ensure coherency with newer policies and legislation covering, for example, chemicals and the new legislative framework for the marketing of products in the European Union. The RoHS Recast Directive (RoHS 2) was published in the Official Journal on 1 July 2011.
History of the RoHS Recast:
- Stakeholder consultation documents (June 2007 – February 2008)
- Press release on the proposed revised WEEE and RoHS directive (Dec 2008)
- Proposal for a revised directive placing restrictions on certain hazardous substances in electrical and electronic equipment (Dec 2008)
- Impact assessment on the proposed directive placing restrictions on certain hazardous substances in electrical and electronic equipment (Dec 2008)
- Summary of the impact assessment on RoHS (Dec 2008)
- Questions and answers on the RoHS proposal (Dec 2008)
- The European Parliament voted in first reading on 24 November 2010.
- Press release of 24 November 2010
- The Council adopted the Recast Directive (RoHS 2) on 27 May 2011.
- RoHS 2 was published in the Official Journal on 1 July 2011 and entered into force on 21 July 2011.
- Press release of 20 July 2011
Other important steps following the RoHS Recast
Frequently Asked Questions have been answered in the RoHS 2 FAQ document. Furthermore, consolidated guidance for applicants for an exemption and related application form pursuant to RoHS 2 Article 5(8) have been drafted.
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Restriction of Hazardous Substances in Electrical and Electronic Equipment
RoHS 2
Directive 2011/65/EU of the European Parliament and of the Council of 8 June 2011 on the restriction of the use of certain hazardous substances in electrical and electronic equipment (recast). A consolidated version is available.
Legislation amending RoHS 2 Directive
Delegated directives amending RoHS 2 Annexes
Restricted substances (Annex II)
- Commission Delegated Directive (EU) 2015/863 of 31 March 2015
Exemptions (Annex III and IV)
- 10 Commission Delegated Directives (EU) 2019/169 to (EU) 2019/178 of 16 November 2018
- 4 Commission Delegated Directives (EU) 2018/739 to (EU) 2018/742 of 1 March 2018
- 3 Commission Delegated Directives (EU) 2018/736 to (EU) 2018/738 of 27 February 2018
- 1 Commission Delegated Directive (EU) 2017/1975 of August 2017, to be read in conjunction with the Corrigendum
- 3 Commission Delegated Directives (EU) 2017/1009 to (EU) 2017/1011 of March 2017
- 2 Commission Delegated Directives (EU) 2016/1028 to (EU) 2016/1029 of 19 April 2016
- Commission Delegated Directive (EU) 2016/585 of 12 February 2016
- 2 Commission Delegated Directives (EU) 2015/573 to (EU) 2015/574 of 30 January 2015
- 8 Commission Delegated Directives 2014/69/EU to 2014/76/EU of 13 March 2014
- 16 Commission Delegated Directives 2014/1/EU to 2014/16/EU of 18 October 2013
- 2 Commission Delegated Directives 2012/50/EU to 2012/51/EU of 10 October 2012
A report from the Commission to the European Parliament and the Council on the exercise of the power to adopt delegated acts conferred on the Commission pursuant to RoHS 2 was published on the 18 April 2016.
RoHS 1 (repealed 3 January 2013)
Directive 2002/95/EC of the European Parliament and of the Council of 27 January 2003 on the restriction of the use of certain hazardous substances in electrical and electronic equipment. Consolidated version (status after Commission Decision 2010/571/EU and Corrigendum).
Directive 2008/35/EC of the European Parliament and of the Council of 11 March 2008 amending Directive 2002/95/EC on the use of certain hazardous substances in electrical and electronic equipment (RoHS), as regards the implementing powers conferred on to the Commission.
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Restriction of Hazardous Substances in Electrical and Electronic Equipment
FAQ guidance document
The new RoHS Directive 2011/65/EU (RoHS 2) entered into force on 21 July 2011 and requires Member States to transpose the provisions into their respective national laws by 2 January 2013. The FAQ document was drafted by a Member States working group under a mandate from the RoHS/WEEE Technical Adaptation Committee and takes account of stakeholder input from a consultation on an earlier version.
The FAQs are intended to help economic operators interpret the provisions of RoHS 2 in order to ensure compliance with the Directive’s requirements.
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