In January 2025, the EU Commission presented three drafts of delegated acts. They concern exemptions 6a-c, 7a and 7c on lead of the RoHS Directive 2011/65/EU. The finalizations of the delegated acts were adopted on September 08, 2025 and will enter into force 20 days after publication in the Official Journal.
Read also → EU: RoHS exemptions finalization and new exemptions overview
When will the delegated acts be published and when will they enter into force?
The delegated acts have been finalized by the Commission, but they will not enter into force immediately because
- An objection period until November 08, 2025 applies for the European Parliament or the Council.
The original regulation can be found here:
Treaty on European Union and Treaty on the Functioning of the European Union (TFEU)
Article 290
- Legislative acts may delegate to the Commission the power to adopt non-legislative acts of general application to supplement or amend certain non-essential elements of the legislative act. [...]
The conditions under which the delegation is made shall be expressly laid down in legislative acts, with the following possibilities:
a. The European Parliament or the Council may decide to revoke the delegation.
b. The delegated act may enter into force only if no objection has been expressed by the European Parliament or the Council within the period laid down in the legislative act.
For the purposes of points (a) and (b), the European Parliament shall act by a majority of its component members and the Council by a qualified majority.
3. The word "delegated" shall be inserted in the title of delegated acts.
Implementation in the RoHS Directive
Article 20 of the RoHS Directive 2011/65/EU stipulates the delegation of power to adopt delegated acts to the Commission (TFEU Art. 290 (1)).
Article 21 regulates the revocation of this delegation of power (TFEU Art. 290 (2) a.).
Article 22 states that the European Parliament or the Council may object to a delegated act adopted by the Commission within two months of its notification (TFEU Art. 290 (2) b.). The objection period therefore runs until November 08, 2025, as the Commission transmitted the final delegated acts on September 08, 2025. This deadline can be extended by two months at the initiative of the European Parliament or the Council.
- Option A: No objection
The delegated act is published in the Official Journal and enters into force on the date specified therein (here: 20 days after publication).
- Option B: Early declaration of no objection
The delegated act may be published in the Official Journal and enter into force before the expiry of this period if the European Parliament and the Council have both informed the Commission that they do not intend to raise objections.
- Option C: Objection
If the European Parliament or the Council raises an objection within the time limit, the delegated act does not enter into force. The institution that objects to the delegated act states the reasons for its objections. In this case, the Commission would have to draft a new delegated act.
- Option D: Extension of the deadline
The European Parliament or the Council extends the objection period by two months, after which options A to C can follow.
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For more basic knowledge on both "RoHS exemptions" and other material compliance topics, we recommend that you read → Material Compliance in the EU (REACH, RoHS, SCIP and more)
Author's note
This article has been machine translated into English.
TERMS AND ABBREVIATIONS
TFEU: Treaty on the Functioning of the European Union
RoHS: EU Directive 2011/65/EU aims to restrict the use of certain hazardous substances in electrical and electronic equipment. It specifies how hazardous substances may be used and placed on the market in electrical equipment and electronic components.
