On July 11th, 2023, the European Commission issued Directive (EU) 2023/1437, adding an exemption clause 49 on mercury in Annex IV of EU RoHS Directive, which came into effect on the 20th day after its publication.

The new exemption clauses are as follows:

Previously, the European Commission received an exemption application for "Mercury in Pressure Sensors Used in Capillary Rheometers". After evaluation, the application met the relevant exemption conditions of EU RoHS Directive 2011/65/EU, so this time it decided to add this clause in Appendix IV of the Directive.

Relevant rules on EU RoHS directive exemption

Rule for the longest period of exemption -2011/65/EU Article 5(2)

For the exemptions listed in Annex III on July 21st, 2011, the longest exemption period is 5 years for products in categories 1-7, 10 and 11 in Annex I, and 7 years for products in categories 8 and 9, unless a shorter period is specified.

For the exemption listed in Annex IV on July 21, 2011, the longest exemption period is 7 years, unless a shorter period is specified.

Application Rules for Extension of Exemption -2011/65/EU Article 5(5)

The application for renewal shall be submitted 18 months before the expiration of the exemption period. Before the update decision is issued, the existing exemption will remain valid.

Exemption from revocation of transitional rules -2011/65/EU Article 5(6)

When an exemption application is rejected or an exemption is revoked, the validity of the exemption expires within 12 months at the earliest and 18 months at the latest from the date of making the decision.

Warm tips

The revision of RoHS exemption clauses in EU has a great impact on electronic and electrical related industries, especially the extension of some exemption clauses frequently used by enterprises may directly affect the production process and business activities of enterprises. In order to ensure the compliance of entering the EU market, ZRLK suggested that relevant enterprises should always pay attention to the update of exemption clauses of RoHS directive, make reasonable arrangements for production plans and material substitution, and avoid compliance problems caused by the expiration of exemption for products exported to Europe. Our company has a professional technical team and rich experience in controlling harmful substances, which can help you easily know whether the products are safe and compliant. If you need it, please feel free to contact us, and our engineers will serve you as soon as possible!