Can a company that did not submit a European Union (EU) Restriction of Hazardous Substances (RoHS) Directive exemption request individually or via an industry group still use an approved exemption?
While the European Commission is making a decision and once an exemption is approved, anyone can use it. Historically, it was rare for each stakeholder to request an exemption or an extension, but those who did included similar reasons for requesting the extension — this is why the Umbrella Project was started. It allowed the multiple stakeholders impacted by the exemptions to create one extension request rather than the multiple they had tried in the past.
It is worth noting that not all regulations function this way; for example, the Registration, Evaluation, Authorisation, and Restriction of Chemicals (REACH) Regulation Authorisation (Annex XIV substances) is company-specific, and only a company and its downstream customers applying for the use authorization can use it.
Article is accurate as of 2020-07-10.