Copper & Brass Alloys – RoHS Frequently Asked Questions(Updated January 2022)

What is RoHS?

What is the current status of Exemption 6(c)?

RoHS stands for the Restriction of Hazardous Substances. The
original RoHS, informally referred to as RoHS I, was implemented
in the European Union in 2003 under EU Directive 2002/95/EC. It
set limit values for lead, cadmium, and several other chemicals in
specified types of electrical and electronic equipment, including alead maximum of 0.1%.

Copper and brass alloys containing up to 4% lead (Pb) by weightremain compliant under the latest revision of the directive (RoHSIII) as summarized in the amendment to Annex III published inMay 2018 and shown in the excerpt below. The expiry date forthe current renewal cycle is July 21, 2021, 2023 and 2024
depending on the product category. The full legislation andamendments are available here: https://bit.ly/2Uc8xlH.

When did RoHS take effect?
The RoHS restrictions became effective with electrical andelectronic equipment put on the market on and after July 1, 2006.
Which companies are affected by RoHS?
Any business that sells electrical and electronic equipment toEU countries, including resellers, distributors and assemblers,that utilize materials restricted by RoHS.
Are copper alloys that contain lead (Pb) affected by RoHS?
As noted in Annex III, Exemption 6(c) was granted for lead incopper and brass alloys, allowing up to 4% lead (Pb) by weight.
Other exemptions were also included in RoHS I where nosatisfactory alternatives were available. The directive required thatexemptions be reviewed at least every four years with the aim ofdeleting the exemption if their elimination or substitution istechnically or scientifically possible, provided that the negativeenvironmental, health and/or consumer safety impacts caused by
the substitution do not outweigh the benefits.

What about RoHS II?
In 2008, the EU launched a revision of RoHS. This process wascompleted in 2011 when Directive 2011/65/EU, informally known
as RoHS II, was adopted. RoHS II became effective in January
2013, replacing RoHS I. The exemption process in RoHS II wasalso amended. The four-year review process of RoHS I, which
was to be automatically conducted by the government, wasabolished. Instead, under RoHS II, the burden was placed onparties (i.e. industry) wishing to maintain an exemption to file anapplication for renewal 18 months before expiry.

Did Exemption 6(c) expire on July 21, 2021?
No. An application to renew Exemption 6(c) was successfully filed
by a large industry working group in January 2020 before thesubmission deadline. The application was endorsed by 48 tradeassociations demonstrating strong support from industry. As
stated in the application, despite massive ongoing research on
lead-free alternatives, it is still mostly not possible to substituteleaded copper alloys. As such, an extension for Exemption 6(c)was requested for the maximum permissible validity period.
When will the Commission decide on the renewal application?
A decision was expected by January 2021. However, the review
experienced significant delays which is consistent with previouscycles. In January 2022, the technical consultant assigned by theEU Commission published its recommendation to renew Exemption
6(c) with no changes through July 21, 2026. The Commission must
now deliberate and decide if the recommendation should beaccepted or modified. As such, the final decision published in theOfficial EU Journal may not arrive until late 2022. It is very
important to note that Exemption 6(c) will remain valid during theextended deliberation period per Article 5, and manufacturers cancontinue using copper alloys with up to 4% lead after July 21, 2021:"The Commission shall decide on an application for renewal ofan exemption no later than 6 months before the expiry date of
the existing exemption unless specific circumstances justify otherdeadlines. The existing exemption shall remain valid until adecision on the renewal application is taken by the Commission.”

What about RoHS III?

Where can I find more information?

Directive 2015/863/EU, informally known as RoHS III, came into
force on July 22, 2019. Medical devices, monitoring and control
tools received an additional two years to comply. Notably, RoHS
III added four new restricted substances which are different typesof phthalates used in plasticizers. These chemicals are notpresent in copper alloy semi-fabricated products such as brassrod. A new "catch-all" product category was also added to coverelectrical/electronic equipment not specified in other categories.

The consultant's full report on 6(c) is available at: https://bit.ly/3G2DwGH
For official EU Commission updates, visit: https://bit.ly/3dcZvxB
For more information, please contact Adam Estelle: (212) 251-7232;
adam.estelle@copperalliance.us

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