Article 5.1a

"establishing, as necessary, maximum concentration values up to which the presence of the substances referred to in Article 4(1) in specific materials and components of electrical and electronic equipment shall be tolerated;"

Simplified ...

This article has now been superseded by the release of Commission Decision 2005/618/EC which amends article 5.1 (a) of the RoHS Directive.

Article 5.1b

"exempting materials and components of electrical and electronic equipment from Article 4(1) if their elimination or substitution via design changes or materials and components which do not require any of the materials or substances referred to therein is technically or scientifically impracticable, or where the negative environmental, health and/or consumer safety impacts caused by substitution are likely to outweigh the environmental, health and/or consumer safety benefits thereof;"

Simplified ...

Where it is technically impossible to remove a RoHS restricted substance from a specific application, producers may put forward a case to the commission for a proposed new exemption. Obviously, there is no environmental benefit of replacing one hazardous material with an equally hazardous substitute.  Exemptions are not granted on the grounds of cost, disruption to business or loss of revenue.

Article 5.1c

"... carrying out a review of each exemption in the Annex at least every four years or four years after an item is added to the list with the aim of considering deletion of materials and components of electrical and electronic equipment from the Annex if their elimination or substitution via design changes or materials and components which do not require any of the materials or substances referred to in Article 4(1) is technically or scientifically possible, provided that the negative environmental, health and/or consumer safety impacts caused by substitution do not outweigh the possible environmental, health and/or consumer safety benefits thereof."

Simplified ...

Whilst the RoHS annex lists various applications that are exempt from the legislation, they will be reviewed regularly (every 4 years) to discover if technical obstacles to their substitution have been overcome. It should be recognised that existing exemptions may be short lived, and should not be relied upon as part of an organisations RoHS conversion strategy. However, this article does not necessarily imply that an exemption will be removed – its status will simply be reconsidered.

Article 5.2

Before the Annex is amended pursuant to paragraph 1, the Commission shall inter alia consult producers of electrical and electronic equipment, recyclers, treatment operators, environmental organisations and employee and consumer associations.
Comments shall be forwarded to the Committee referred to in Article 7(1). The Commission shall provide an account of the information it receives.

Simplified ...

['Inter alia' – among other things]

Due to the complexity of the electronics manufacturing industry, the European Commission will not make unilateral alterations to the RoHS exemptions without first consulting with supply chain partners and industry bodies. This will take the form of a stakeholder consultation, where comments and clarification is first sought from industry.

Article 6

" Before 13 February 2005, the Commission shall review the measures provided for in this directive to take into account, as necessary, new scientific evidence".

" In particular the Commission shall, by that date, present proposals for including in the scope of this Directive equipment which falls under categories 8 and 9 set out in Annex IA to Directive 2002/96/EC (WEEE)."

 Simplified ...

See Categories 8 & 9

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