Restricted but Still Present: Scope and Transparency of RoHS Exemptions for Hazardous Substances in Electrical and Electronic Equipment

Abstract

The SCIP database currently lists nearly 18 million articles associated with electrical and electronic equipment (EEE) containing RoHS-restricted substances above the applicable threshold, raising fundamental questions about the overall effectiveness of the RoHS Directive. While the restriction applies to nearly all EEE categories, exemptions permit the continued use of restricted substances where substitution is not yet feasible. However, the continued high prevalence of RoHS-restricted substances in SCIP may indicate that exemption use remains widespread. This study provides a systematic analysis of the RoHS exemption process. The median time between submission and decision is at least 6.1 years, substantially exceeding the intended time frame. Three hotspot exemptions (Nos. 6(c), 7(a), and 7(c)-I) were identified, all material- rather than application-specific, associated with large estimated lead quantities entering the EU market, and characterized by an insufficiently specified scope. Transparency regarding these exemption use remains critically low, making it impossible to estimate total quantities of restricted substances entering the EU market and leaving market surveillance authorities, waste operators, and customers without the information needed to verify legitimate use. Mandatory disclosure of exemption use would improve market surveillance, accelerate exemption specification, and create competitive pressure to phase out exemption use in favor of sustainable alternatives. ©2026 by the authors.