Guidance

Restriction of hazardous substances (RoHS) exemptions for electrical and electronic equipment: how to apply

How to apply for an exemption to use a restricted substance to manufacture electrical and electronic equipment.

• From: Office for Product Safety and Standards, Department for Business and Trade, Department for Environment, Food & Rural Affairs and Department for Business, Energy & Industrial Strategy
• Published: 16 February 2021
• Last updated: 23 February 2023 — See all updates

Applies to England, Scotland and Wales

• Guidance for Northern Ireland

If you manufacture, import or distribute electrical and electronic equipment (EEE) for the market in Great Britain, you must make sure that levels of certain hazardous substances and chemicals in the product are not exceeded.

Check the list of restricted substances and find out how to comply with the rules.

Current exemptions from restrictions on hazardous substances

There are some exemptions from restrictions on the use of hazardous substances in manufacturing EEE.

Check the current exemptions in tables 1 and 2 of the Restriction of the Use of Certain Hazardous Substances in Electrical and Electronic Equipment Regulations 2012 (the RoHS regulations).

You should also check in the summary of determinations on exemption applications.

Exemption criteria

You may be granted an exemption to use a hazardous substance in manufacturing EEE if:

• the use of the restricted substance will not weaken environment and health protection provided by REACH (registration, evaluation, authorisation and restriction of chemicals) regulations
• substitutes for a restricted substance are not scientifically or technically practicable or reliable
• the negative social, health and consumer impacts of any substitute are greater than the benefits

Defra may also consider the:

• negative socio-economic impacts of a substitute
• availability of a substitute (for example, whether alternatives can be produced and delivered within a reasonable timeframe compared with the substance in question)
• life cycle assessment on impacts of exemption
• impacts on innovation

You should provide evidence related to more than one criterion. If you meet only one criterion you may not be granted an exemption.

Defra will decide whether the exemption should be granted and what conditions will apply.

How much it costs

You need to pay an administration fee of £39,721 if you apply:

• for a new exemption in Great Britain
• to renew an exemption in Great Britain

When to apply for a new exemption

If you want to use a restricted substance to manufacture EEE, check if there is:

• a current exemption for that use in tables 1 and 2 of the RoHS regulations or the summary of determinations on exemption applications
• an exemption application in progress for the use of this restricted substance

If there is no current exemption or exemption application in progress, you must apply for a new exemption at least 18 months before you intend to place the product on the market.

Consider how much time you’ll need to adapt production processes to use substitutes if the exemption is not approved. This will help you avoid taking products off the market or postponing the distribution of a new product on the market in Great Britain.

Apply for an exemption

You must apply for new exemptions in Great Britain and the EU separately.

Apply for an exemption in Great Britain

To apply for an exemption in Great Britain fill in the exemption application form.

Email your completed form with the research documents to rohs@defra.gov.uk.

Or you can send your application by post to:

RoHS Policy Officer
Department for Environment, Food and Rural Affairs
Seacole Building
Ground floor
2 Marsham Street
London SW1P 4DF

Defra may contact you with questions about your application.

Confidential information

Confidential material cannot serve as official information in support of an exemption application. Where possible you should not include it.

If you need to include it you should:

• specify which parts are confidential
• submit confidential and non-confidential material in separate documents, if possible

Apply for an exemption in the EU and Northern Ireland

To apply for an exemption in the EU and Northern Ireland follow the European Commission exemptions procedure.

After submitting your exemption application

When you’ve submitted your application, Defra will write to you within one month to let you know they’ve received your application. They will tell you how to pay the administration fee.

After you have paid the administration fee, Defra will:

• publish a summary of your application on this page
• evaluate the application and its justification

Defra will evaluate your application by:

• checking your application is complete with the correct documents and that it includes contact details
• doing an initial technical and scientific appraisal, including checking the grounds provided for the request and the validity of information provided
• preparing a list of questions to contact you with, if necessary
• publishing final submitted information for an online stakeholder consultation (minimum 8 weeks) to collect additional data and information and to inform stakeholders about the application
• evaluating consultation results and results of additional rounds of questions from the applicant and other stakeholders
• publishing a summary of consultation responses and a ministerial decision on whether in principle the application should be accepted or not

When Defra grants an exemption, it will become law in Great Britain. The exemption will be valid for:

• 5 years from the date on which the exemption or renewal comes into force, for an exemption relating to EEE in category 1 to 7, 10 or 11
• 7 years from the date on which the exemption or renewal comes into force, for an exemption relating to EEE in category 8 or 9

Check the categories of EEE.

Renew an exemption

You can apply to renew an exemption as long as it continues to meet the exemption criteria.

You must apply to renew an exemption in Great Britain and the EU separately.

To renew an exemption, fill in the exemption application form.

You should apply at least 18 months before the exemption expires.

Defra will make a decision on applications submitted to Great Britain at least 6 months before the existing exemption expires, unless specific circumstances justify other deadlines. The existing exemption remains valid until Defra makes a decision.

If an exemption renewal has been rejected or deleted it will expire between 12 and 18 months after the date of the decision. This gives manufacturers a transition period so they can take appropriate action.

If you applied to renew an exemption with the EU before 31 December 2020

If you applied to the EU to renew an exemption before 31 December 2020, you do not need to apply for an exemption in Great Britain.

If the EU made a decision on a renewal application before 31 December 2020, Defra will consider the EU decision. They will decide if the exemption will also apply in Great Britain.

If the EU did not make a decision on the renewal application before 31 December 2020, the exemption is valid in Great Britain until Defra considers the application. This applies even if the expiry date on the exemption has passed.

Change an exemption

You can apply to change an exemption.

Check how long the exemption is valid for and if there are any clauses - you may not be able to change the wording of an existing exemption.

Complete an exemption application form to change an exemption.

Delete an exemption

You can request for an exemption to be deleted if it no longer meets the exemption criteria. For example, you may request this if you’ve developed, or are representing a developer of, possible substitutes for a use that’s currently exempt.

To delete an exemption, fill in an exemption application form.

You can apply immediately to delete an exemption as long as substitutes will be ready and approved for use in applications if it’s approved.

Reviewing and reaching a decision may take up to 18 months. If it takes less than 18 months then another 12 to 18 months will be granted as a transition period for manufacturers to update production lines for the use of applicable substitutes.

Exemption applications in progress

Defra is assessing one application to renew an exemption.

The application is to use lead and cadmium in thick film pastes in ion-selective electrodes used for blood gas systems. The current exemption is number 65 in table 1 of the RoHS regulations.

Defra held a consultation on this exemption between 2 November and 14 December.

To share your views on an exemption application or get updates on its progress email rohs@defra.gov.uk.

Published 16 February 2021
Last updated 23 February 2023 + show all updates

1. 23 February 2023

   From 6 April 2023, you’ll need to pay an administration fee if you apply for a new exemption, or to renew an exemption, in Great Britain.

2. 30 January 2023

   When checking the current exemptions from the RoHS regulations, you should also check the summary of recent determinations on exemption applications. Added a link to the summary in the sections ‘Current exemptions from restrictions on hazardous substances’ and ‘When to apply for a new exemption’. The consultation on the use of lead and cadmium in ion-selective electrodes has now closed.

3. 7 November 2022

   Defra is holding a consultation on an application to exempt the use of lead and cadmium in ion selective electrodes from the RoHS regulations. The consultation is being held between 2 November and 14 December.

4. 31 October 2022

   Added guidance on applications to renew exemptions made before 31 December 2020. Made other updates to improve clarity.

5. 16 February 2021

   First published.