If you have received a supplier declaration labelled “RoHS 3” and wondered whether it is newer—or more reliable—than a RoHS 2 declaration, you are not alone.
Quick answer: “RoHS 3” is not the official name of a separate European Union directive. It is a commonly used industry name for Commission Delegated Directive (EU) 2015/863, which amended RoHS 2 by adding four phthalates to the list of restricted substances. The legal foundation of EU RoHS compliance remains Directive 2011/65/EU, as amended.
Consequently, manufacturers should not evaluate a supplier declaration only by whether its title says “RoHS 2” or “RoHS 3.” What matters is whether it demonstrates compliance with the current requirements and all 10 restricted substances.
Common name | Legal instrument | Practical meaning |
|---|---|---|
RoHS 1 | Directive 2002/95/EC | The original EU RoHS Directive. It restricted six substances and was subsequently repealed and replaced. |
RoHS 2 | Directive 2011/65/EU | The current legal foundation of EU RoHS. It introduced the recast framework, a broader scope, technical documentation, the EU Declaration of Conformity, and CE-marking obligations. |
“RoHS 3” | Commission Delegated Directive (EU) 2015/863 | An amendment to RoHS 2 that added DEHP, BBP, DBP, and DIBP. It is not a standalone directive. |
The legally precise way to refer to current EU RoHS requirements is therefore:
Directive 2011/65/EU, as amended, including Commission Delegated Directive (EU) 2015/863.
There is no EU legal instrument officially titled “RoHS 3.”
The expression became popular after the adoption of Commission Delegated Directive (EU) 2015/863. That amendment added four phthalates to Annex II of Directive 2011/65/EU:
These substances were added to the six substances already restricted by RoHS, bringing the total to 10.
The four phthalate restrictions generally became applicable on July 22, 2019. For medical devices, including in vitro diagnostic medical devices, and monitoring and control instruments, they became applicable on July 22, 2021.
Therefore, a product marketed as “RoHS 3 compliant” should normally mean that it complies with the current 10-substance restrictions under Directive 2011/65/EU, as amended by Directive 2015/863.
EU RoHS currently restricts 10 substances, not 12.
Earlier discussions about a possible 12-substance version of RoHS resulted from assessments of additional substances, particularly medium-chain chlorinated paraffins (MCCPs) and tetrabromobisphenol A (TBBPA).
However, an assessment or recommendation does not create a legally enforceable RoHS restriction. A substance becomes restricted under RoHS only after the applicable legal amendment adds it to Annex II.
The European Commission currently identifies 10 restricted RoHS substances. MCCPs and TBBPA are not presently included in RoHS Annex II. Nevertheless, these substances may be affected by other chemical regulations or future regulatory developments.
Manufacturers should therefore distinguish among:
The maximum concentration limits apply by weight in each homogeneous material, unless a valid exemption applies.
Restricted substance | Maximum concentration | Equivalent concentration | Typical risk areas |
|---|---|---|---|
Lead (Pb) | 0.1% | 1,000 ppm | Solders, alloys, glass, ceramics, pigments, and cable materials |
Mercury (Hg) | 0.1% | 1,000 ppm | Lamps, switches, relays, and sensors |
Cadmium (Cd) | 0.01% | 100 ppm | Pigments, plating, contacts, and some plastics |
Hexavalent chromium (Cr VI) | 0.1% | 1,000 ppm | Metal coatings and passivation treatments |
Polybrominated biphenyls (PBB) | 0.1% | 1,000 ppm | Flame-retarded plastics |
Polybrominated diphenyl ethers (PBDE) | 0.1% | 1,000 ppm | Flame-retarded plastics and electronic housings |
Bis(2-ethylhexyl) phthalate (DEHP) | 0.1% | 1,000 ppm | Flexible PVC, cable insulation, plastics and elastomers |
Butyl benzyl phthalate (BBP) | 0.1% | 1,000 ppm | PVC, adhesives, sealants and coatings |
Dibutyl phthalate (DBP) | 0.1% | 1,000 ppm | Plastics, adhesives, inks and coatings |
Diisobutyl phthalate (DIBP) | 0.1% | 1,000 ppm | Plastics, adhesives, inks and coatin |
The examples above identify possible risk areas. The presence of a substance in a material does not necessarily mean that the applicable concentration limit has been exceeded.
RoHS limits do not apply to the average concentration across the complete product.
A homogeneous material is a material of uniform composition that cannot be mechanically separated into different materials. For example, an electronic product may contain separate homogeneous materials such as:
Each homogeneous material must independently comply with the applicable concentration limits.
A low overall concentration in the finished product cannot compensate for a non-compliant concentration in one individual material.
Yes. Annexes III and IV of Directive 2011/65/EU contain application-specific exemptions for certain uses of restricted substances.
An exemption may be limited according to:
An exemption should therefore never be accepted merely because a supplier writes “RoHS exempt.” The supplier should identify the precise exemption entry, applicable product category, and validity period.
Consult our EU RoHS exemptions guide for additional information.
A declaration titled “RoHS 2 compliant” may still be acceptable. Conversely, a document titled “RoHS 3 compliant” is not automatically complete or reliable.
Review the substance of the document rather than its title.
A useful supplier declaration should include:
Recommended supplier wording could include:
The supplied product, component or material complies with the substance restrictions of Directive 2011/65/EU, as amended, including Commission Delegated Directive (EU) 2015/863, at the homogeneous-material level. Any relied-upon exemption is explicitly identified by its applicable Annex entry, equipment category and validity.
A declaration that only mentions the original six RoHS substances may be incomplete for current EU requirements.
No.
Supplier declarations, material declarations and test reports are evidence that a manufacturer may use when preparing the product’s technical documentation.
For finished electrical and electronic equipment within scope, the manufacturer is responsible for completing the conformity assessment, preparing the technical the technical documentation, issuing the EU Declaration of Conformity and affixing the CE marking.
The manufacturer cannot transfer this responsibility entirely to component suppliers.
A defensible RoHS compliance process generally includes the following steps.
Confirm whether the product qualifies as electrical or electronic equipment and assess any applicable exclusions, product categories, or special provisions.
Consult our EU RoHS information page for additional guidance.
Identify the components, parts, and homogeneous materials that may contain restricted substances. High-risk materials commonly include solders, cables, coatings, metal alloys, plasticized PVC, and flame-retarded plastics.
Evidence may include:
Evidence should be evaluated according to the reliability of the supplier, material risk, available documentation, and potential regulatory consequences.
RoHS does not necessarily require laboratory testing of every material. Testing should be targeted according to the material composition, supplier evidence, and risk assessment.
X-ray fluorescence may help screen for certain elements, while additional analytical methods may be necessary for phthalates, hexavalent chromium, or specific brominated substances.
Learn more about Enviropass chemical testing services.
Verify the precise wording, product category, and expiration status of every exemption. Exemptions can be amended, renewed, or allowed to expire.
The technical documentation should explain how the evidence supports the manufacturer’s conformity conclusion. The harmonized standard EN IEC 63000:2018 provides a recognized framework for assessing the technical documentation of materials, components and electrical and electronic equipment.
Enviropass can assist with the preparation of a RoHS technical file.
Once conformity has been demonstrated, the manufacturer of in-scope finished EEE prepares the EU Declaration of Conformity and affixes the CE marking.
The technical documentation and EU Declaration of Conformity generally must be retained for 10 years after the product is placed on the EU market.
The current legal framework remains Directive 2011/65/EU, as amended. The European Commission has not replaced it with an official directive named “RoHS 3” or “RoHS 4.”
The EU has nevertheless continued updating the framework. Directive (EU) 2025/2456 changes the procedures for reviewing restricted substances and assessing exemption applications. In particular, it reassigns scientific and technical tasks to the European Chemicals Agency.
These procedural changes apply from August 13, 2027. They do not:
The restricted-substance list and exemptions can continue to evolve. Companies should monitor official EU amendments instead of relying solely on informal terms such as “RoHS 3” or “RoHS 4.”
No. “RoHS 3” is an informal industry name commonly used for Directive (EU) 2015/863, which amended Annex II of RoHS 2.
It is commonly called RoHS 3, but its official legal status is an amendment to Directive 2011/65/EU.
Ten substances are currently listed in Annex II: lead, mercury, cadmium, hexavalent chromium, PBB, PBDE, DEHP, BBP, DBP, and DIBP.
They are not currently listed among the 10 restricted substances in RoHS Annex II. However, other EU chemical legislation or future amendments may apply.
Yes, provided that it refers to Directive 2011/65/EU as amended, covers the current 10 substances, and properly identifies any applicable exemptions.
No official EU document must carry that title. The content, product identification, legal references, and supporting evidence are more important than the title.
Not necessarily. Testing should be based on the risk associated with the materials, suppliers and available evidence. Weak or incomplete supplier documentation may make targeted testing necessary.
Supplier declarations can support the compliance assessment, but the finished-product manufacturer remains responsible for the technical documentation and conformity conclusion.
There is no single update interval suitable for every product. Documentation should be reviewed when the product, material, supplier, restricted-substance list or applicable exemption changes.
Enviropass can help you:
Explore our RoHS compliance services or contact Enviropass to discuss your products and target markets.
