RoHS update: Six new exemptions pass TAC vote

Producers with product applications that are not excluded from the directive based either on product classification, such as medical or military, or by other official exemptions, must present a compelling case to gain exemption status. This article presents an update on six additional exemptions that are close to completing the process to achieve official status.

In PRTM's March 7, 2006 article, Five RoHS exemptions are one step closer to approval, we reported on five exemptions that had just passed the Technical Adaptation Committee (TAC) vote. Since that date, the five exemptions became official on April 28, 2006 with the Commission decision published in the Official Journal (which amends the Annex to the RoHS Directive).

In the meantime, the TAC has evaluated the draft Commission decision on the six additional proposed exemptions to the RoHS directive. The set of proposed exemptions (#21, 23-27) are shown in the table below. As cited in the unofficial TAC notes from the meeting held on June 26, 2006, the member states have voted by qualified majority in favor of six new exemptions to the RoHS directive. The official minutes will be published after these exemptions are officially adopted at the next meeting of the TAC.

The proposed exemptions are:

As stated earlier, the exemption process is not for the faint of heart. In order for the TAC to vote favorably for any exemptions, the proposed exemptions must meet specific criteria, backed up by relevant technical and scientific evidence. These criteria include:

• Technical or scientific impracticality of the removal or substitution of the hazardous substance through a change in design
• Negative environmental, health, and/or consumer safety impacts caused by substitution that outweigh the benefits of the removal of the hazardous substance
• Feasible substitutes currently don't exist in an industrial and/or commercial scale

One proposed exemption that is not on the list is "#22. Lead as an impurity in RIG (rare earth iron garnet) Faraday rotators used for fiber-optic communications systems," did not meet the above criteria and was subsequently withdrawn. The decision was based on new technical evidence showing that the exemption may not be necessary, resulting in its withdrawal, pending additional investigation.

For manufacturers that utilize the above six exempted technologies in their product applications, for example, plasma displays, the progression of the listed exemptions towards official adoption is positive news. These exemptions, if approved, will give manufacturers additional time to develop technical alternatives that meet EU RoHS directive requirements.

Nonetheless, advancing current technologies to meet EU RoHS compliance, as well as other emerging global environmental regulations, will be a competitive necessity and ongoing challenge for companies both technically and operationally. As technologies advance that remove the impracticalities of compliance, the products may no longer meet the exemption criteria, and manufacturers that do not continue to strive toward compliance through technical innovation will find the exemptions being lifted and themselves playing "catch up" with their competitors.

The solution to this challenge points to an approach that successful companies have adopted, namely, a sustainable environmental management process integrated with product development. Companies that have embraced this approach will continue to be the market leaders and best positioned with innovative, environmentally compliant products.