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European Commission Extends Three RoHS-2 Exemptions



Despite the numerous extension applications submitted to the European Commission concerning exemptions applicable to product categories 1-7 and 10 of the EU RoHS-2 Directive which was set to expire on July 21, 2016, the exemptions are going to remain in effect until the commission is finally able to make its decision on the extension applications submitted.

However, earlier this month, the European Commission has officially announced that they have been able to review the extension applications on three RoHS Annex III exemptions and have thus extended their extension through July 2019 to 2024. These three RoHS-2 Annex III extensions collectively referred to as “Pack 7”, deals with extensions concerning the use of Lead and Cadmium in reflective and optical glass, and also the use of Lead in bearing shells and bushes for compressors.

Concerning the remaining other extension application requests submitted (for pack 8, pack 9, pack 10, pack 11 among others), the commission is still yet to publish any decision, therefore the previous exemptions are going to remain in effect until the commission is finally able to reach a definite decision.

The three ‘Pack 7’ Exemptions

The three Pack 7 exemptions that concern the use of Lead and Cadmium has now been extended to run through July 21 in 2019 to July 21, 2024, depending on the substance and product category. The exemption found to have to do with the use of the substances in reflective and optical glass, as well as in bearing shell and brushes for certain refrigerant-containing compressors, can now enjoy an exemption extension for a period of 5 more years.

Modification and extension of exemption 13(b) of Annex III

The Commission Delegated Directive (EU) 2017/1009 has now modified, as well as extend the exemption 13 (b) of Annex III which has to do with the use of Lead and Cadmium in filter glasses and glasses used for reflective standards. This modification calls to the producers who have been using the exemption 13(b) in the past to review again as changes have been made to this exemption. It has been divided up based on the type of optical glass and product category with each category having its own sunset dates. The three new exemptions implemented include 13 (b)-I, 13 (b)-II, and 13 (b)-III. Producers should also be aware that this new exemption definition will take effect and become mandatory starting from July 6, 2018.

Extension of exemption 13 (a) of Annex III

The Commission Delegated Directive (EU) 2017/1011 has extended the exemption 13(a) of Annex III which has to do with the use of Lead in white glasses for optical applications until July 21, 2024 for categories 9 and 11 devices, July 21, 2023 for category 8, and July 21, 2021 for most categories. Unlike exemption 13(a), no modification has been observed or made to the definition of this exemption, therefore, producers who have been using this exemption can continue to use until the sunset date of any of the categories.

Extension and modification of exemption 9(b) of Annex III

The Commission Delegated Directive (EU) 2017/1010 has modified and extended the exemption 9(b) of Annex III  which has to do with the use of Lead in bearing shells and bushes for certain refrigerant-containing compressors. Sunset dates have now been set by compressor design and product category resulting from the modification of this exemption which has brought up a new exemption definition 9(b)-1. This revised exemption is only applicable to product categories 8, 9, and 11 and will become mandatory starting from July 6, 2018.