FAQEU

RoHS FAQ Exemption Expiry

RoHS exemptions are application-specific, time-limited exceptions listed in Annex III or Annex IV. An expiry review should start from the exact Annex entry, EEE category, material use, and renewal status.

This FAQ helps decide what to verify before relying on an exemption after its expiry date approaches.

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Author
Sorena AI
Published
May 9, 2026
Updated
Jul 25, 2026
Questions
4

Structured answer sets in this page tree.

Primary sources
5

Cited legal and guidance references.

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Sorena AI
Published May 9, 2026
Updated Jul 25, 2026
Overview

Before a expires, identify the exact Annex III or Annex IV entry, confirm whether the product category and application still match the wording, check whether a was made no later than 18 months before expiry, and document the substitute, redesign, or withdrawal plan if the exemption is not renewed.

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4 of 4 questions
Question 1

What should teams do before a RoHS exemption expires?

Start with the legal entry, not with a supplier statement. RoHS exemptions are tied to a listed application in Annex III or Annex IV, and the Directive allows those lists to be adapted to scientific and technical progress.

For each product that depends on an exemption, record the Annex entry number, exact wording, EEE category, restricted substance, homogeneous material or component use, expiry date, renewal status, and technical-file evidence. If the application no longer matches the exemption wording, the product needs another compliance path before further EU market placement.

Do not build a current-status table unless it is sourced from the current consolidated Directive, the official Commission exemptions list, or the delegated directive that changed the relevant entry.

  • Assign one owner to verify the current Annex wording and expiry date against the official source.
  • Confirm whether a was filed at least 18 months before the exemption expires.
  • Distinguish renewal of an existing exemption from a request for a new exemption. A new request does not permit market placement before the Commission grants it.
  • If no timely was submitted, prepare a redesign, substitution, qualification, or market-withdrawal decision before the exemption expires. If renewal is rejected, complete that work before the transition period ends.
  • Keep the expiry review with the EU declaration of conformity, technical documentation, supplier evidence, and change-control record.

What should teams do before a expires?

Verify the current Annex III or Annex IV wording, map it to the exact product application and EEE category, confirm the expiry date and renewal status, and document the fallback plan. A must be made no later than 18 months before expiry; if a valid renewal request is pending, the existing exemption remains valid until the Commission decides.

Can we keep relying on an exemption after its listed expiry date?

Only if the conditions for continued reliance are met. An existing exemption remains valid while the Commission decides a submitted renewal request. An exemption with no timely renewal request expires on its stated date. If the Commission rejects renewal or revokes the exemption, the legal transition is at least 12 and no more than 18 months after the decision. A request for a new exemption gives no interim permission.

Citations
Question 2

How RoHS exemption timing works

Article 5 sets the renewal clock. A must be submitted no later than 18 months before the exemption expires, and the existing exemption remains valid until the Commission takes a decision on that renewal application. The Commission states that an exemption with no timely renewal request expires on the date in Article 5 or the relevant Annex entry.

The Commission implementation page states that decisions currently take 18 to 24 months from the application date. It also describes the evaluation sequence: technical and scientific assessment with stakeholder consultation, draft delegated act feedback, WTO Technical Barriers to Trade notification, and European Parliament and Council scrutiny.

The maximum validity period depends on the Annex and category. For Annex III exemptions listed as at 21 July 2011, unless a shorter period is specified, RoHS sets 5 years for categories 1 to 7 and 10, 7 years for categories 8 and 9 from the relevant Article 4(3) dates, and 5 years for category 11 from 22 July 2019. Annex IV exemptions listed as at 21 July 2011 have a renewable maximum validity period of 7 years from the relevant Article 4(3) dates unless a shorter period is specified.

  • Use the specific Annex entry to calculate the practical review date; do not assume one expiry rule covers every exemption.
  • Open an independent review before the 18-month renewal deadline so engineering can assess substitutes and procurement can qualify suppliers.
  • When a renewal is pending, record the application reference and Commission process source rather than relying on an informal status note.
  • When a delegated directive changes an entry, update product files, supplier requests, and customer-facing compliance statements together.
Citations
Question 3

Evidence to keep with an exemption-expiry review

A useful record should let a reviewer see why the product can still be placed on the EU market, or why it needs redesign before the exemption lapses. Keep the decision tied to the exact exemption wording and product configuration.

For technical documentation, EN IEC 63000 is the harmonised standard cited for assessing electrical and electronic products with respect to restricted substances. Use it as the structure for supplier evidence, material declarations, test reports where needed, and the rationale for relying on an exemption.

  • Current Annex III or Annex IV source used for the expiry date and wording.
  • Product, component, material, and EEE category mapping showing why the exemption applies.
  • Supplier declarations, material declarations, test reports, or engineering analysis supporting the restricted-substance position.
  • status, Commission decision status, or rejection transition-period note if relevant.
  • Substitution or redesign assessment, including why immediate substitution is or is not technically practicable for the application.
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Recommended next step

Build the exemption-expiry record

Record the Annex entry, product application, category, expiry date, renewal status, owner, evidence, and fallback plan before relying on an exemption.

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Question 4

Common expiry mistakes

The main risk is treating an old exemption reference as a standing permission. RoHS exemptions can be renewed, amended, or deleted, and the Commission reassesses them against substitution, health, environmental, consumer-safety, socioeconomic, and innovation considerations.

A supplier declaration is not enough if it only says the part is RoHS compliant. The declaration must connect the part, material, substance, and exemption wording that the finished product relies on.

  • Do not use an expired Annex entry without checking whether a keeps it valid pending a Commission decision.
  • Do not reuse an exemption for a different product category, material application, or substance unless the Annex wording actually covers it.
  • Do not cite private files, downloaded file names, or unpublished working notes as public sources; cite the official external URL used for the decision.
  • Do not wait for the listed expiry date before starting redesign work; the Commission page reports that decisions currently take 18 to 24 months.
Citations
Primary sources

References and citations

European Commission - RoHS Directive implementation
environment.ec.europa.eu
Referenced sections
  • Commission source for exemption assessment factors, renewal timing, and current decision-duration guidance.
"Availability, practicability and reliability of substitutes"
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