The European Commission Directive 2002/95 was cast in January 2003 and places a restriction on the use of certain hazardous substances in electrical and electronic equipment (EEE). It is commonly known as the RoHS Directive and seeks to reduce the impact of EEE on the environment by restricting the use of certain hazardous substances in manufacturing of EEE products.

The RoHS Directive came into force in July 2006, its primary purpose is to improve implementation and enforcement of laws relating to electrical and electronic equipment and to eliminate unnecessary administration. The Waste Electrical & Electronic Equipment (WEEE) Directive operates alongside the RoHS Directive.

In July 2011, the European Union ‘re-cast’ the Directive. RoHS 2 (Directive 2011/65/EU), as it has since become known, introduces a number of important changes and all EU Member States are obliged to re-align their national regulations by January 2013.

Key Changes

a. Restricted substances

RoHS 2 imposes maximum permitted values on six substances used in electrical and electronic equipment (EEE). Mercury, Lead, Hexavalent Chromium, Polybrominated Diphenyl Ethers and Polybrominated Biphenyls must not be present in concentrations over 0.1% by homogenous material.

b. Scope

The scope of ROHS 2 now takes in 11 categories;

Within Scope at present

Category 1. Large household appliances

Category 2. Small household appliances

Category 3. IT and telecommunications equipment

Category 4. Consumer equipment

Category 5. Lighting equipment

Category 6. Electrical and electronic tools

Category 7. Toys, leisure and sports equipment

Category 10. Automatic dispensers

Coming into Scope

Category 8. Medical devices (from 2014)

Category 9. Monitoring and control instruments – including industrial (from 2014)

Category 11. Other EEE not covered by any of the above categories (from 2019)

Exclusions

Military equipment

Equipment designed to be launched into space

Equipment designed and installed as part of another type of equipment not within scope

Large scale static industrial tools

Large scale fixed installations

Means of transport

Non-road machinery designed for professional use only

Active implantable medical devices

‘Business to business’ research and development equipment

Photovoltaic panels

c. Definition of EEE

In the original ROHS, EEE is defined as ‘dependent on electric current or electromagnetic fields for its primary function’. RoHS 2 has revised this definition to read ‘dependent on electric currents or electromagnetic fields to fulfill at least one intended function’ (example, a gas cooker with an electric clock – will come into scope under category 11).

d. Exemptions and Exemption procedure

While the list of restricted substances remains the same, a new exemption procedure has been introduced.

Duration of the exemptions;

• 5 years for Categories 1-7, 10 and 11

• 7 years for Categories 8 and 9

The exemption review period has also been replaced by the automatic expiry of exemptions, unless they are renewed. Applications for renewal must be made at least 18 months before the expiry date.

RoHS 2 also introduces a process by which EEE applications can benefit from an exemption where it can be demonstrated that substitution of a substance is ‘scientifically impracticable’.

e. Conformity assessment and CE marking - "Goods Package"

With effect from 2nd January 2013, all products put on the market which are within the scope of RoHS2 will be subject to CE obligations. This will include auditing procedures, producing declarations of conformity, technical support information, product CE marking and product labeling.

By July 2014, the scope of RoHS 2 will be subject to an impact assessment and review and further amendment to the scope to incorporate restricted substances and exclusions is anticipated. The following substances are already under scrutiny;

• Hexabromocyclododecane (HBCDD) – a brominated flame retardant which is used as thermal insulation in the construction industry

• Di(2-ethylhexyl)phthalate (DEHP) – widely used as a plasticizer in manufacturing of articles made of PVC

• n-butyl benzyl phthalate (BBP) - commonly used as a plasticizer for vinyl foams, which are used in manufacturing floor tiles, traffic cones, conveyor belts and artificial leather

• Dibutyl phthalate (DBP) - a plasticizer used as an additive to adhesives or printing inks

Key Actions – what you will need to do

Producers and Manufacturers

• design & manufacture conforming products

• compile technical documentation

• prepare Declaration of Conformity

• CE mark the product

• mark product for traceability

• keep technical documentation for 10 years

• work with national authorities to demonstrate compliance or help to ensure compliance

• keep a register on non-conforming EEE

Authorised Representative (AR)

• keep DoC and Technical Documentation

• work with national authorities to demonstrate compliance or help to ensure compliance

Note that the AR cannot take on the responsibility for technical compliance and documentation.

Importers

• ensure manufacturer has carried out their duties

• add your name and details

• in the case of non-conforming EEE, take corrective action and inform authorities

• keep documentation for 10 years and if appropriate work with authorities to ensure compliance

Distributors

• be diligent - check CE marking and documentation etc…

• keep non-conforming EEE off the market and inform manufacturer, importer and authorities

• work with national authorities to demonstrate compliance or help to ensure compliance

The UK implementation consultation process will kick off soon. If you fall into any into any of the above categories, you can expect to receive further information from the regulatory agencies in the near future.