Exemption for lead solder in control units of combustion engines

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, Scotland and Wales), 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.

An exemption renewal request was submitted on 20 January 2023 for the use of ‘Lead in solder of sensors, actuators, and engine control units of combustion engines within the scope of Regulation (EU) 2016/1628[1] of the European Parliament and of the Council, installed in equipment used at fixed positions while in operation which is designed for professionals, but also used by non-professional users.

The requested duration of the exemption is until January 2027, and according to the application it would be expected to lead to the introduction of 0.123kg of lead to the GB market annually.

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