Commission Delegated Directive (EU) 2024/232 establishes an exemption under RoHS Annex III for cadmium and lead in plastic profiles used in electrical and electronic windows and doors. This exemption allows manufacturers of windows and doors with electronic components to continue using these substances under specified conditions. The directive was adopted on 25 October 2023 and published in the Official Journal in 2024.
The European Commission published a proposal (COM(2023) 781; 2023/0454 (COD)) to amend Directive 2011/65/EU (RoHS) to re-attribute certain scientific and technical assessment tasks (notably around restriction review processes and the exemptions process) to the European Chemicals Agency (ECHA), consistent with the EU “one substance, one assessment” policy direction. This is a proposed legislative change (not yet in force) that could affect how future RoHS substance restrictions and exemption evaluations are conducted, potentially impacting evidence expectations, process transparency, and timelines once adopted.
European Commission materials indicate the RoHS review was finalised and a targeted amendment was proposed on 7 Dec 2023. The proposal (COM(2023) 781) would amend Directive 2011/65/EU to re-attribute scientific and technical assessment tasks (e.g., supporting restricted substances review and exemptions work) to the European Chemicals Agency (ECHA) under the EU 'one substance, one assessment' approach. For RoHS compliance teams, this is a forward-looking governance/process change that could affect how future Annex II substance restrictions and Annex III/IV exemptions are assessed (evidence expectations, transparency, timelines, and stakeholder engagement), even though it does not itself add substances or change exemption text yet.
The European Commission published a legislative proposal (COM(2023) 781) to amend Directive 2011/65/EU (RoHS) to re-attribute scientific and technical tasks (notably supporting processes under Article 5 exemptions and Article 6 review/amendment of restricted substances) to the European Chemicals Agency (ECHA). If adopted, this would change how RoHS exemptions and potential restriction updates are scientifically assessed and managed, with implications for exemption application strategy, evidence requirements, and monitoring of RoHS restriction/exemption decision-making workflows.
A Commission Delegated Directive document (C(2023) 7088 final) in the Commission transparency register proposes adding a RoHS exemption covering cadmium and lead in plastic profiles (recovered rigid PVC) used in certain electrical and electronic windows and doors (referenced as category 11 EEE in the research notes). The draft text referenced in the research indicates an expiry date (reported as 28 May 2028). Compliance teams using recovered PVC profiles should monitor adoption/publication and confirm any concentration limits, conditions, and documentation needs in the final legal text.