INFORM

Article 5 (1) (a) of RoHS (exception criteria)

In order to adapt Annexes III and IV [exceptions] to scientific and technical progress [...], the Commission shall adopt the following measures:
a) Inclusion of materials and components of electrical and electronic equipment for certain uses in the lists in Annexes III and IV, provided that this inclusion does not weaken the protection of the environment and health afforded by Regulation (EC) No 1907/2006 and if one of the following conditions is met:

  • their elimination or substitution by a change in the design of the equipment or by materials and components which do not require any of the materials or substances listed in Annex II [regulated substances] is not scientifically or technically practicable;
  • the reliability of substitution products is not guaranteed;
  • the overall effects of substitution, which are harmful to the environment, which are harmful to the health and endanger ingessay of consumers, are likely to outweigh the overall benefits for the environment, health and consumer safety.


When decisions on the inclusion of materials and components of electrical and electronic equipment in the lists in Annexes III and IV and on the duration of any exceptions, the availability of substitution products and the socio-economic effects of substitution. When deciding on the duration of any exemptions, all possible adverse effects on innovation should be taken into account. Where appropriate, the overall impact of the exception shall be based on the life cycle approach.