The RoHS legislation restricts the use of certain hazardous substances in electrical and electronic equipment. However, in specific applications, the legislation allows the use of these restricted substances. These are known as exemptions.

Exemptions are often precisely defined for specific uses, though some material-based exemptions also exist. Examples include the use of lead as an alloying element in steel, copper alloys, and aluminum, as well as the use of lead in shielding against ionizing radiation.

Exemptions are valid for a limited period. The duration is defined in a delegated directive issued by the European Commission and depends on the equipment category. Exemptions granted for medical devices and monitoring and control instruments are valid for up to 7 years, while for other equipment, the maximum duration is 5 years. An exemption may also be granted for a shorter period. Each exemption is regulated separately through delegated directives.

While an exemption is in force, it can be used by all companies, not just the applicant.

Criteria for Granting Exemptions

An exemption may be granted based on certain criteria, such as:

• It is scientifically or technically impracticable to remove or substitute the restricted substance.
• The reliability of substitute materials cannot be ensured.
• The overall negative environmental, health, and consumer safety impacts of substitution outweigh the benefits.

The availability of substitute materials must also be considered when granting and determining the duration of exemptions.