On January 10, 2024, European Commission published the Directive (EU) 2024/232 to amend the RoHS Directive (Directive 2011/65/EU). The amendment introduces an exemption for cadmium and lead in plastic profiles in electrical and electronic windows and doors containing recovered rigid polyvinyl chloride. The amendment shall enter into force on January 30, 2024. Member States need to apply the new rules from August 1, 2024.
Cadmium and lead are restricted substances listed in Annex II to RoHS Directive with a maximum concentration value of 0.1% for lead and 0.01% for cadmium.
While alternative PVC material free of lead and cadmium is available on the market, the amounts of energy and natural resources it requires outweigh recovered rigid PVC. The substitution would likely cause more negative environmental, health and consumer safety impacts. Therefore it is appropriate to grant exemption for recovered rigid PVC in accordance with the relevant conditions specified in Article 5(1) of RoHS Directive.
As per the amendment, entry 46 is added to Annex III, which is a list of applications exempt from Article 4(1) of RoHS Directive, stipulating that electrical and electronic equipment placed on the market shall not contain the hazardous substances listed in Annex II to the Directive.
Details of entry 46 are as follows:
| 46 | Cadmium and lead in plastic profiles containing mixtures produced from polyvinyl chloride waste (hereinafter referred to as “recovered rigid PVC”), used for electrical and electronic windows and doors, where the concentration in the recovered rigid PVC material does not exceed 0.1 % cadmium by weight and 1.5 % lead by weight. From 28 May 2026, rigid PVC recovered from electrical and electronic windows and doors shall only be used for the production of new articles under the categories specified in entry 63, points 18(a) to (d) of Annex XVII to Regulation (EC) No 1907/2006. Suppliers of PVC articles containing recovered rigid PVC with a concentration of lead equal to or greater than 0.1 % by weight of the PVC material shall ensure, before placing those articles on the market, that they are visibly, legibly and indelibly marked with the statement: “Contains ≥ 0.1 % lead”. Where the marking cannot be provided on the article due to the nature of the article, it shall be on the packaging of the article. Suppliers of PVC articles containing recovered rigid PVC shall submit to national enforcement authorities upon request documentary evidence to substantiate the claims on the recovered origin of the PVC in those articles. Certificates issued by schemes to provide proof of traceability and recycled content, such as those developed according to EN 15343:2007 or equivalent recognised standards, may be used to substantiate such claims for PVC articles produced in the Union. Claims made on the recovered origin of the PVC in imported articles shall be accompanied by a certificate that provides equivalent proof of traceability and recycled content, issued by an independent third party. | Applies to category 11 and expires on 28 May 2028 |
