So You Want a RoHS Exemption

Helping business comply with RoHS, WEEE, China RoHS and more horizontal rule

So You Want a RoHS Exemption
by Ray Franklin, RoHSwell.com, 4/2/2006

Update 2 April 2006 - The 5th stakeholder consultation on RoHS exemptions is open for comments until 10 May 2006. As with the 4th, the outcome is largely in the hands of those who take the time to read and comment.

Original article published 10 January 2006 - The WEEE page on the Europa web site has a new stakeholder consultation that is open until 10 February 2006. It requests comments on 15 applications for RoHS exemptions. Contained in this, and in three previous consultations, are gems of information for those who would pursue an exemption as part of compliance.

The current consultation contains several examples of how not to request an exemption. The worst tend to be lengthy essays penned by lawyers (solicitors) on the virtues of a single company and their products. Mixed into the prose are Pb content statistics of dubious value. Several misconstrue the directives and speak at length about the Pb content as a percentage of product mass. All ask for an exemption for a specific company, and sometimes for a specific product. The laundry list includes church organs, surge protection devices, loudspeakers, solenoid valves, audio equipment and theatrical lighting.

At the other end of the spectrum are requests written by larger corporations and industry associations. They make a concise case for exemption, explaining the situation clearly and with good technical support. The request includes a suggested statement to be added to the annex and a completed checklist for exemptions drawn up by the EC. These are excellent examples of the right way to file a request.

Even more impressive are two requests to narrow existing exemptions on the basis of solid technical data. One excludes thermal cutoff devices from an exemption for Cd in electrical contacts because Cd-free alternatives are readily available. The other clarifies the Cd plating exemption to close a potential loophole created by ambiguous language. These outstanding efforts demonstrate that some companies view the directives in a positive light for the good they will do on a global scale.

After reviewing these exemption requests and other sources, I put together a list of best practices.

A valid exemption permits the use of one of the 6 covered substances in a particular application because there is no technical alternative. Pb is exempted in solder for servers and storage arrays. Mercury is exempted in straight fluorescent lamps for special purposes. Don't expect an exemption for Pb in solder in church organs because there isn't much used and customers keep them for more than ten years.
Think about an exemption in broader terms than just your specific application. If other companies make similar products that are compliant, this fact can be used to deny your exemption by proving an alternative exists. If an exemption request benefits only one company, it is unlikely to be accepted.
Craft a brief exemption statement, worded as you would like to see it in the annex. The EC administrators are looking for statements to approve - they do not want to write the statements themselves. Long, tedious essays don't help. Read the existing exemptions and write something very much in the style of those already accepted.
Fill out the official "Checklist for requests for additional exemptions" form. Request the form from the Commission or use the link below.
Write a short explanation of why the exemption is necessary and include your exemption statement. This cover letter needs to include all pertinent information or links to attachments. It will wind up in a collection of documents on the Europa site. Remember that everything you submit is a public document and will be on display - think about the image you present.
Support your request with genuine technical data. Conduct genuine experiments or provide research results that truly support your claim. Hand-waiving and vague claims will not help.
Solicit support for your request. Once you have submitted your request and it makes it into a stakeholder consultation, tell others about it and ask them to support the exemption. Give them the link to the consultation so they can submit comments. The more supporting comments a request receives, the easier it is for the Commission to accept the exemption.

Reviewing exemptions is an ongoing process required by the RoHS directive. The EC will be at this indefinitely, so there will always be an opportunity to request a new exemption.

And while you are researching your own exemption, be sure to read and comment on those that are open now. The most deserving of attention are numbers 10 through 15. I consider these to have the best chance of acceptance. If you don't read them now, you will likely be reading them in the future when they become law. This is your only chance to affect the outcome. Use it or lose it.

Exemption Request Contact:
Anna Passera European Commission DG Environment, Unit A.2., Avenue de Beaulieu/Beaulieulaan 5, B-1160 Brussels, Belgium Anna.Passera@cec.eu.int. Ask Anna for a copy of the exemption checklist.

Additional Resources

Exemption Checklist (PDF)

Stakeholder Consultation 5 closed to comments 10 May 2006

Stakeholder Consultation 4 closed to comments 10 February 2006

Request 12 excluding thermal cutoffs from Cd exemption

Request 15 clarifying Cd plating exemption

Europa WEEE page

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