Exemption for lead in bearings and bushes of diesel or gaseous powered ices

Overview

The Restriction of the Use of Certain Hazardous Substances in Electrical and Electronic Equipment Regulations 2012 (RoHS regulations) restricts the use of 10 hazardous substances in electrical and electronic equipment (EEE), with a view to contributing to the protection of human health and the environment, including the sound recovery and disposal of waste.

Industry can apply for exemptions to allow the supply of products using one or more of the restricted substances above the threshold limits set down in the RoHS regulations where specified criteria are met. Applications for exemptions are made to the Secretary of State under regulation 6 of the Hazardous Substances and Packaging (Legislative Functions and Amendment) (EU Exit) Regulations 2020 (2020 regulations). Any exemption that is granted can be used across industry, not just by the business that applied for the exemption. Exemptions are granted where it is determined that the necessary criteria have been met following a detailed evaluation conducted in accordance with regulation 5 of the 2020 regulations.

Following the UK’s withdrawal from the EU, the function of granting, renewing and revoking exemptions were, in relation to Great Britain (England, Wales and Scotland), transferred to the Secretary of State by the 2020 regulations, using powers in section 8 of the European Union (Withdrawal) Act 2018 (Withdrawal Act).

Part of the evaluation process is an 8-week consultation to collect contributions from stakeholders.

A request for renewal for an exemption was submitted on 20 January 2023. The wording of the exemption is:

“Lead in bearings and bushes of diesel or gaseous fuel-powered internal combustion engines, applied in non-road professional use equipment:

• with engine total displacement ≥ 15 litres, or
• with engine total displacement < 15 litres and the engine is designed to operate in applications where the time between signal to start and full load is required to be less than 10 seconds, or regular maintenance is typically performed in a harsh and dirty outdoor environment, such as mining, construction, and agriculture applications.”

The requested duration of the exemption is for 5 years, and the applicant has estimated that it would be expected to introduce 128kg of lead to the GB market annually. The applicant states that no suitable substitutes have been verified to meet the technical performance required.

The exemption covers applications under category 11 (other) of EEE, as covered in the 2012 RoHS regulations.