Electrical or Electronic Equipment specifically designed solely for the purpose of research and development, which is made available solely on a business-to-business basis, are excluded from the scope of RoHS 2. This is because if this type of equipment were to fall within scope of RoHS 2, it could place a burden on research, scientific advancement, development and innovation in the EU.

Research and Development (R&D) are activities which directly contribute to achieving advances in science or technology. EEE designed solely to achieve these objectives and only made available on a business to business basis meets the criteria and are excluded from the scope of RoHS 2.

This RoHS exclusion will only apply to specialized EEE that are custom built solely for very specific R&D applications. Standard equipment such as monitoring devices or instruments for chemical analysis and other laboratory equipment that can be used both for R&D applications and in commercial or other applications, will not benefit from this exclusion. Neither does it apply to equipment designed and put on the market to test, validate or monitor R&D equipment and/or prototypes as that equipment would belong to category 9.

In order to benefit from the RoHS R&D exclusion, the equipment concerned should be custom made for a specific client or a small number of clients involved in scientific research or prototype product development.

Examples of EEE that may benefit from this exclusion include:

  • non-finished products such as prototype or sample/test EEE
  • in-house custom built “development vehicles” used solely for development, test, validation and evaluation of such non-finished products, including the evaluation of regulatory compliance, product performance and determination of customer acceptability

This type of EEE belongs to the conceptual, developmental, design or pre-production stage and is as such designed for R&D use.