Annex III (Exemptions for All EEE Categories)

Annex III of Directive 2011/65/EU lists specific applications or uses of restricted substances that are exempted from the substance restrictions for all EEE categories in Annex I. Exemptions under Annex III are granted when substitution of a restricted substance is technically or scientifically impracticable, or when the negative impacts on reliability, safety, or environmental impact of substitutes would outweigh the benefits. On July 25, 2025, the EU Commission published an updated comprehensive list of existing, withdrawn, and ongoing Annex III exemptions. On September 8, 2025, delegated directives C(2025)5961 and C(2025)5939 added exemptions for lead in steel, aluminium, copper alloys, and high-melting temperature solders. Each exemption carries an expiry date; manufacturers must monitor renewals. Directive (EU) 2025/2456 transfers exemption application processing from the European Commission to ECHA.

Directive 2011/65/EU, Article 5 and Annex III; Delegated Directives C(2025)5961 and C(2025)5939 (September 8, 2025); Directive (EU) 2025/2456 (December 12, 2025).

Manufacturers relying on Annex III exemptions must: identify which specific exemption entry applies to their use; verify the exemption has not expired; and apply the exemption only to the specific application and concentration specified. From December 2025, exemption applications are submitted to ECHA rather than the European Commission. Renewal requests must be submitted at least 18 months before the exemption expiry date. Expired exemptions cannot be used even for products already in the supply chain.