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EU RoHS Annex IV Adds an Exemption for Mercury Release Time:2023-07-14

On July 11, 2023, the European Union issued Directive (EU) 2023/1437 in its Official Journal (OJ) to amend the RoHS Directive and add an exemption clause on mercury in Annex IV. RoHS Annex IV is an exemption for medical devices and monitoring and control instruments applications.The relevant contents of the new exemption clause are as follows:

In Annex IV to Directive RoHS, the following entry 49 is inserted:



Scope and dates of applicability


Mercury in melt pressure transducers for capillary rheometers at temperatures over 300 ℃ and pressures over 1000 bar.

Applies to category 9 (Monitoring and control instruments) and expires on 31 December 2025.

General principles for exemption clauses

Before the expiry of the exemption clause, enterprises or industrial organizations can apply to the European Commission for extending the validity of the exemption (18 months in advance). The European Commission shall evaluate the extension application received and decide whether to extend the exemption clause.

If no relevant party applies for extension, it will automatically expire upon expiration.

If enterprises or industrial organizations apply for extension, these exemptions will continue to be valid until the evaluation results are published. If the official approves the extension application, the official will give a new period of validity; If the exemption is revoked after the assessment, 12 to 18 months will be set for the transition of industry replacement materials.

It should be noted that the exemption is not always valid. Each clause of RoHS exemption has a corresponding period of validity. Enterprises should pay attention to the latest developments of RoHS exemption in real time, and pay attention to the replacement of expired exemption materials in products.

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