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News > EU RoHS Directives and Regulations > EU Announcement – New RoHS Annex III Item 9(a)-III Exclusion Clause

EU Announcement – New RoHS Annex III Item 9(a)-III Exclusion Clause

2025-07-14

The study evaluating the RoHS exemption application concluded that replacing hexavalent chromium in refrigerant solutions is currently not scientifically and technically feasible, while other heating technologies that eliminate hexavalent chromium in the form of sodium chromate do not provide equivalent functionality and performance. Gas absorption heat pumps do offer higher energy efficiency than condensing boiler technology and can reduce carbon emissions, meeting the exemption conditions under Article 5 of the EU RoHS Directive 2011/65/EU. Therefore, new exemption clauses 9(a)-III for hexavalent chromium have been added to Annex III of the directive.

On January 26, 2023, the Official Journal of the European Union officially published Commission Delegated Directive (EU) 2023/171, which added exclusion clauses 9(a)-III of Annex III to the RoHS Directive (2011/65/EU). This update will take effect on the 20th day after the announcement.

EU member states should adjust the relevant laws and regulations and announce them before August 31, 2023, and they should be officially implemented on September 1, 2023.

The new content is as follows:

Exemptions		Application scope and date
9(a)-III	Hexavalent chromium as a corrosion inhibitor in the working fluid of carbon steel seal circuits of gas absorption heat pumps for space and water heating, up to 0.7% by weight of the cooling solution	Applicable to Category 1 Expires on December 31, 2026

Sources:(EU) 2023/17(Please refer to the original text for details)

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