EU RoHS: New Exemption for Cadmium and Lead in Recovered Rigid PVC

In January 2024, European Union published an Official Journal to announce the Directive (EU) 2024/232 to amend the RoHS directive (2011/65/EU) for adding a new exemption for cadmium and lead in recovered rigid PVC under Annex III, Entry 46 of RoHS.

Highlights of the new exemption

Entry	Exemption	Scope and dates of applicability
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.

Additional Information
The Directive (EU) 2024/232:
https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=OJ:L_202400232

The RoHS (Directive 2011/65/EU) consolidated on 2/1/2024:
https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX%3A02011L0065-20240201

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