Any RoHS exemption is available expiration date. The most practical question businesses ask is not “Is the exemption still valid”, but: After the expiration date, how will the goods that have been produced and are being sold be handled?
This article explains the decision-moment principle — based on concepts “bring to market” — then apply it to the three most common situations: inventory, goods on distribution shelves, and replacement parts.
1. What does an expired exemption mean?
RoHS exemptions (exemptions) are located in Annexes III and IV of Directive 2011/65/EU. Each exemption item is associated with one expiration date specific — that is, the latest point at which that application is still allowed to exceed the limit. After that date, the exemption “died”, unless renewed by a new document before expiry.
The important thing: an exemption expires does not retroactively make the product sold illegal. But it blocks reliance on that exemption for production and distribution new goods to the market. The boundary lies in the timing, not the product itself.
2. Decision milestone: “marketing” date
In EU harmonized law, the obligation of conformity is determined at the time of the product placed on the market — understood as the first time an individual product is offered on the EU market. It is necessary to distinguish between two concepts that are often combined:
| Concept | Meaning | What does it have to do with exemptions? |
|---|---|---|
| Bring to market (placing on the market) |
For the first time a specific product is offered on the EU market | This is the landmark determine which deadlines the product must comply with — including whether the exemption remains or has expired at that date |
| Provided on the market (making available) |
Any act of supplying products for distribution, consumption or use on the EU market, after the first time | Do not change the “locked” conformity status in the above step |
Practical consequences: a product placed on the market before the exemption expires may continue to be supplied (wholesale, retail) after that date. On the contrary, a product released to the market after the expiration date must comply with current regulations — cannot rely on dead exemptions.
Note: The interpretation of “putting on the market” is set out in the European Commission guidance and can be interpreted in detail for each situation (internal warehouse, consignment, goods processed for foreign countries). Businesses should compare current guidance before finalizing how to record dates.
3. Three common situations
| Situation | Already launched on the market? | How to handle |
|---|---|---|
| Imported goods, wholesale/retail for the first time before expiration date | Yes | Continue supply in the market; Keep documents proving the date of release to the market |
| Finished production before Expiry date but still in stock, not yet brought to market | Not yet (still in factory/private warehouse) | High risk: if brought to market later Expiry date, must be treated as new — need to be offset by replacement exemption, replacement of materials, or not placed on the EU market |
| Goods have been put on the market, but are still in stock at retailers | Yes | Still on sale; The responsibility for proving date on market rests with the supply chain |
Easy mistake point: “production finished” goods but not yet is brought to market no is considered to have “locked” its conformity status. Internal warehouse is not a market. This is the most common trap with goods produced in large batches for stockpiling.
4. Inventory management past expiration date
- Record the date put on market for each lot — the most valuable evidence is import documents, initial sales invoices, bills of lading, or warehouse release records for EU customers.
- State the applicable exemption in the technical dossier and declaration of conformity — with a specific Appendix III/IV section, not just general “with exemption”.
- Separate inventory by batch and by exemption milestone to avoid mixing “exempt” goods with “exempted” goods.
- Create a roadmap to exit the exemption before expiration date: find replacement materials/components, retest, update records.
- No new shipments based on an expired exemption — even if the goods were manufactured in advance.
5. Spare parts — area of caution
RoHS 2 expands the scope to include replacement cables and components is EEE. This puts replacement parts in a separate area: they are both “spare parts for repairing old goods” and can also be “standalone products” when sold separately.
Principles to understand:
- Replaceable components marketed as a stand-alone product must be compliant with the applicable regulations on that date — not exempted simply because it is used to repair an old device.
- The Directive has separate provisions for reuse and replacement of components in certain cases (e.g. servicing devices placed on the market before certain milestones). Details need to be compared to Article 4 and relevant provisions of Directive 2011/65/EU consolidated version.
- If the exemption you rely on for spare parts has expired, spare parts put on the market must then find other grounds: valid replacement exemption, material exchange, or redesign.
6. Contact the upcoming exemption roadmap
A series of exemptions about lead — in steel, aluminum and copper alloys (group 6), in high-melting welds (group 7a), and in glass/ceramics of components (group 7c) — recently extended by three Mandate Directives published on November 21, 2025, with many terms falling in 2026–2027. If businesses are relying on these exemptions, this is the group that needs to establish an exit route soonest.
Details of each exemption group and new deadline are presented in our separate article on Annex III exemptions.
7. Checklist before a waiver expires
- Determine specific exemption section in use and its expiration date.
- Review shipments that are subject to that exemption (finished products, semi-finished products, components).
- Note date to market of each batch with documents.
- Check to see if any replacement/extension exemptions have been announced before the expiration date.
- Find replacement materials or components that do not require an exemption.
- Retest and update technical documents and declaration of conformity.
- Update purchasing process to not accept parts based on expired exemptions.
8. Conclusion
Expired exemptions do not “recall” sold goods. What it blocks is work bring new products to market based on the dead exemption. The whole story revolves around two milestones: exemption expiration date and The date the product is introduced to the market. Businesses that manage these two days — with documentation and an exit route — will survive the expiration of the exemptions.
References
- Directive 2011/65/EU — Article 2(2) (transitional), Article 4 (obligations and immunities), Annexes III and IV
- Three Directives authorizing updates to Annex III exemptions, published November 21, 2025
- European Commission guidance on the concept of “putting on the market” (Blue Guide)
Related articles
- Lead in solder joints: lead removal roadmap and pitfalls when switching to SAC305
- How long must RoHS records be kept? Legal timelines businesses need to remember
- Is the RoHS report from 2 years ago still available? When to try again?
- RoHS Annex III exemption: three delegated directives 2025/2364, 2025/1802, 2025/2363 and deadlines 2026–2027
- Directive (EU) 2025/2456: RoHS moves technical assessment to ECHA — what businesses need to know
- What is RoHS? Complete guide to Directive 2011/65/EU and its 10 restricted substances
Discuss further
Disclaimer
This article is an interpretive content compiled by us; not legal advice. The way to determine the time of “putting on the market” and the scope of exemption need to be compared with the original text of Directive 2011/65/EU (consolidated version) and the current guidance of the European Commission.
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