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The Real RoHS 3

The European Union’s RoHS 3 (Restriction of Hazardous Substances) is a recasting of EU RoHS 2 by the European Commission. It fixes issues identified in previous versions and amendments, such as clarifying and updating policies.

European Commission

The Basics of EU RoHS 3

EU RoHS protects consumers, workers and the environment by banning certain chemicals above an appropriate threshold. Unlike other regulations, the concentration limits pertain to the homogeneous level within a product. That is to say, each material with a different composition must be compliant on its own. It applies to EEE (Electronic and Electrical Equipment) such as household appliances, tools, monitoring instruments and medical devices. However, automotive, aerospace and defence products are generally out of scope for EU RoHS 3, meaning they do not need to comply with the concentration thresholds.

EU RoHS 2
RoHS compliant products worldwide

Moreover, other RoHS laws exist around the world. They are influenced by the original European version, albeit with their differences. For example, China’s RoHS only covers the first six substances from EU RoHS 3. The symbols placed on products to indicate compliance are also different.

The History of RoHS 3

RoHS 3 describes a recasting of previous directives. In other words, it means unifying previous amendments into a new act. This process makes it easier to find information than adding more amendments.

The first EU RoHS (Directive 2002/95/EC) was adopted in 2003, followed by EU RoHS 2, (Directive 2011/65/EU) in 2011. After that, you may have heard about RoHS 3 in the context of EU Directive 2015/863. However, that was only an amendment to RoHS 2. It is known for adding four phthalates (BBP, DBP, DEHP and DIBP), bringing the count up to ten substances. Furthermore, MCCPs and TBBPA are candidates for the list because of the threat to aquatic environments and human health during waste disposal.

Molecule RoHS 3

Table 1: Overview of RoHS Substances

Substance Name

Concentration Limit

Examples of Common Uses

Lead (Pb) and lead compounds

< 0.1% or 1000 ppm

  • Solders
  • Circuit Boards
  • Cable Sheathing

Cadmium (Cd) and cadmium compounds

< 0.01% or 100 ppm

Metal coatings

Mercury (Hg) and mercury compounds

< 0.1% or 1000 ppm

Switches

Hexavalent Chromium (Cr6+) and hexavalent chromium compounds

< 0.1% or 1000 ppm

Chrome plating

Polybrominated biphenyls (PBBs)

< 0.1% or 1000 ppm

Flame retardant in plastics

Polybrominated diphenyl ethers (PBDEs)

< 0.1% or 1000 ppm

Flame retardant in plastics

Butyl benzyl phthalate (BBP) – CAS # 85-68-7

< 0.1% or 1000 ppm

Plasticizer in

  • PVC compounds
  • Rubber
  • Adhesives and coatings

Di-n-butyl phthalate (DBP) – CAS # 84-74-2

< 0.1% or 1000 ppm

Plasticizer in

  • PVC compounds
  • Rubber
  • Adhesives and coatings

Di(2-ethylhexyl) phthalate (DEHP) – CAS # 117-81-7

< 0.1% or 1000 ppm

Plasticizer in

  • PVC compounds
  • Rubber
  • Adhesives and coatings

Diisobutyl phthalate (DIBP) – CAS # 84-69-5

< 0.1% or 1000 ppm

Plasticizer in

  • PVC compounds
  • Rubber
  • Adhesives and coatings

Medium-chain chlorinated paraffin (MCCP) - CAS # 85535-85-9

< 0.1% or 1000 ppm

  • Secondary plasticizer in PVC
  • Flame retardant in rubber, paints and adhesives

Tetrabromobisphenol-A (TBBPA) – CAS # 79-94-7

< 0.1% or 1000 ppm

Flame retardant in resin for PCB

Reviewing RoHS 2

RoHS 2 Review

Annex 24 of RoHS 2 detailed the need for a reassessment process. It stipulated that the European Commission present a general review of the directive to the European Parliament and Council by July 22, 2021. To that end, the Commission put out a public consultation to receive feedback from stakeholders on the practical efficacy of RoHS. 

In addition, a final report was prepared in March 2021 by the third-party consultancy companies Ecorys and Ramboll. The general findings concluded that RoHS 2 successfully reduces the use of hazardous substances for human health and the environment. Nonetheless, it identified some weak points to address in RoHS 3, namely:

  • Delays in the RoHS exemption assessment and approval process frequently inconvenience applicants. Manufacturers receive RoHS exemptions by submitting detailed proof that no alternative parts could be RoHS compliant. The review process by the Commission can sometimes take up to two years. Furthermore, exemptions may be valid for five or seven years before the Commission reviews them, in which case they are extended, altered or discontinued. The decisions depend on the availability of safer alternative compounds on the market.
  • Explanations of the process of including substances in the list are unclear.
  • There is an overlap between substances under EU RoHS, EU REACH (Registration, Evaluation, Authorisation and Restriction of Chemicals), EU POP (Persistent Organic Pollutants) and the EcoDesign Directive. It is confusing due to the differences in reporting rules and concentration thresholds.
  • Contrary to the EU’s Circular Economy Action Plan, limited opportunities exist to reuse or recycle WEEE (Waste Electrical and Electronic Equipment). The materials may not always comply with RoHS or don’t have applicable exemptions. In fact, as part of the European Green Deal, there is a push to keep materials in use as long as possible to prevent unnecessary waste.

Changes in RoHS 3

In response to the 2021 Ecorys and Ramboll study, the European Commission suggested remedies to the highlighted problems, including:

  • Providing more supporting material to help explain RoHS 3 to users;
  • Reformulating the exemption criteria, validity periods and submission process to streamline the approval process;
  • Adding clarification on the correct compliance procedure when overlap arises between RoHS and similar regulations, such as REACH, POP and the EcoDesign Directive, to ensure coherence;
  • Introducing rules to address recycled materials and spare parts; and
  • To change the status of RoHS from a Directive to a Regulation. In the EU, member states must each draft their laws in response to directives. In contrast, regulations are issued by the European Parliament and apply immediately to all members. By removing the extra step, the interpretation of RoHS 3 is unified.
RoHS 3 solution
RoHS

Like previous versions, these changes introduced in RoHS 3 aim to reduce negative environmental and health impacts from hazardous substances in electronic and electrical components.

Compliance with RoHS 3

Products that comply with RoHS 3 will possess a declaration of conformity. Before drafting one, a full assessment of all homogeneous materials, either by reviewing manufacturer documentation or analytical testing, must prove that no part surpasses the chemical limits without a valid exemption. A robust RoHS 3 technical file will accompany the assessment to collect all proof following a RoHS Compliance Procedure.

Compliance of products - Declaration of Conformity

For more information about EU RoHS compliance, contact Enviropass.