Reference source : WTO
Annex III and IV of RoHS RoHS Directive Hazardous Substances Lead Cadmium Exemptions Electrical and Electronic Equipment (EEE) Compliance
On 8 July 2026, the European Commission published a draft Delegated Directive proposing updates to numerous exemptions for lead and cadmium under the Restriction of Hazardous Substances (RoHS) Directive (2011/65/EU). The proposal would amend Annexes III and IV based on technical assessments completed between 2020 and 2024.
The proposal does not introduce new substance restrictions or change the existing concentration limits under the RoHS Directive. Instead, it proposes renewing, revising, replacing or discontinuing several existing exemptions, with broad exemptions being replaced by more specific technology-based entries and revised validity periods.
Key proposed changes
The draft Delegated Directive contains amendments to exemptions in both Annex III (general exemptions) and Annex IV (medical devices and monitoring and control instruments). The main proposed changes include:
|
Exemption(s) |
Proposed change |
|
5(b) |
Proposed to be renewed with revised wording clarifying that lead is not intentionally added to soda lime glass used in fluorescent lamp tubes. |
|
13(a), 13(b) |
Optical glass exemptions would be revised. Exemption 13(b) would be replaced by five technology-specific subentries covering optical filter glasses, reflectance standards and infrared interference filters. |
|
18(b) |
Exemptions for fluorescent powders would be reorganised. Medical phototherapy exemptions would be consolidated, while tanning lamps and medical applications would be covered separately. |
|
24 |
The existing exemption would be replaced by a new exemption 24(a), which distinguishes between high- and low-melting-point solder applications. |
|
29, 32 and 34 |
Proposed to be renewed with updated wording and revised validity periods. |
|
Annex IV, point 1(b) |
The oxygen sensor exemption would be divided into six technology-specific subentries covering different sensor technologies and applications. A new exemption for cadmium in Hersch-cell oxygen sensors would also be introduced. |
|
Annex IV, points 4 and 9 |
Gas laser exemptions would be narrowed to specific applications and replaced by new subentries. |
|
Annex IV, points 11 and 12 |
MRI, NMR and SQUID exemptions would be reorganised. Cadmium would be removed where technically feasible, while lead exemptions would be retained for specific superconducting applications. |
Exemptions become more technology-specific
A common feature of the proposal is the replacement of broad exemptions with narrower, application-specific entries. According to the Commission, this reflects scientific and technical progress and is intended to make future exemption reviews more targeted. The proposal also introduces different validity periods depending on the availability of technically and scientifically viable substitutes, with shorter periods proposed where alternatives are emerging and longer periods retained where substitution is not yet feasible.
Next steps
The draft Delegated Directive was notified to the World Trade Organization (WTO) on 10 July 2026. Interested parties may submit comments until 8 September 2026. The European Commission expects to adopt the measure during the third quarter of 2026. It would enter into force 20 days after publication in the Official Journal of the European Union, after which Member States would have six months to transpose the Directive into national law.