RoHS FAQ Lead, Mercury, and Cadmium Exemptions

Start from the restriction, then document the exception. Annex II lists lead and mercury at 0.1% by weight in homogeneous materials and cadmium at 0.01%. Article 4 says those limits do not apply to applications listed in Annex III or Annex IV, so an exemption record must prove that the product's use matches a specific listed application.

Avoid documenting exemptions as broad product permissions. The Commission RoHS FAQ explains that exemptions are granted for specific substances used in specific applications, not for a company or for a whole piece of EEE. A useful record therefore identifies the substance, material, component, product category, and Annex wording that supports the exception.

Record the current legal status for each relied-on lead, mercury, or cadmium entry. Annex entries are technical and time-limited, and many include category-specific expiry dates, scope limits, spare-parts wording, amount limits, or renewal effects. Check the current consolidated Directive because amendments that applied from 1 July 2026 changed several Annex III lead entries. Keep the official source URL and the date checked with the exemption record.

The documentation fields differ because the Annex entries differ. Mercury lamp exemptions often use per-lamp or per-burner milligram limits and specific lamp technologies. Lead entries include alloys, solders, glasses, ceramics, coatings, bearings, and application-specific electronic components. Cadmium entries include electrical contacts, optical or filter glass uses, printing inks, thick film pastes, quantum dots, and specialized measurement or monitoring uses.

Use those examples as a cue for record structure, not as a substitute for checking the exact entry. The record should distinguish an entry that is currently applicable, an existing entry kept valid by a submitted renewal request, and a new exemption request that has not yet been granted. Only the first two can support continued reliance.

A supplier statement that says only 'mercury exempt for fluorescent lamp' cannot support release. Annex III contains technology-specific lamp entries, amount limits and dates rather than one lighting exemption. The reviewer must open the official consolidated Annex applicable to the planned release date, identify the exact entry and sub-entry, and match the marketed lamp to every condition in that wording.

For a replacement lamp, record whether it is single-capped or double-capped, its phosphor or other stated technology, rated power and lifetime conditions, the mercury amount per lamp or burner, the EEE category and the entry's expiry or renewal status. Then check whether the lamp is sold as finished EEE, supplied with new EEE, or supplied as a spare part for older equipment. Those facts can change the applicable product and date analysis even when the lamp has the same base and shape.

RoHS documentation should connect the exemption decision to the conformity assessment file. Directive 2011/65/EU requires manufacturers to draw up technical documentation, carry out the relevant conformity assessment procedure, draw up the EU declaration of conformity, affix CE marking, and keep the technical documentation and EU declaration of conformity for 10 years after the EEE has been placed on the market.

Commission Implementing Decision (EU) 2020/659 identifies EN IEC 63000:2018 as the harmonised standard for technical documentation used to assess materials, components, and EEE against RoHS restricted-substance requirements. Use that structure to keep supplier declarations, material declarations, test reports where needed, exemption mapping, and change-control evidence aligned.

Exemption evidence should not stop at the date the product launched. Article 5 says exemptions have validity periods, may be renewed, and can be deleted when the conditions for inclusion are no longer fulfilled. A renewal application must be made no later than 18 months before the exemption expires, and an existing exemption remains valid until the Commission decides on that renewal application.

The Commission implementation page states that RoHS exemptions are limited in time and reassessed regularly, considering substitute availability, practicability and reliability, environmental, health and consumer safety impacts, socioeconomic impact, and potential adverse impacts on innovation. It also states that a RoHS exemption decision currently takes 18 to 24 months from the application date.

The most common mistake is treating the word "exempt" as the conclusion instead of documenting the legal and technical match. Lead, mercury, and cadmium exemptions are narrow, and the same substance can appear in multiple entries with different applications, categories, concentration limits, amount limits, and dates.

Another weak pattern is relying on a supplier's generic RoHS statement after a material, category, or Annex entry changes. Update the source and product match so a reviewer can check the conclusion after a supplier or product change, or during a customer or authority review.