RoHS an overview

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RoHS an overview

• Anya Oram
• Delegation of the European Commission to Canada

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RoHS What is it?

• A Directive on the Restriction of the use Of
  certain Hazardous Substances in electrical and
  electronic equipment (EEE)
• aka Directive 2002/95/EC of 27 January 2003.
• NB Directive ? a framework that individual EU
  Member States must implement through national
  measures. A Directive is binding on Member
  States as regards the objectives to be achieved
  but leaves to them the decision how to
  incorporate the agreed objectives into their
  legal system(s). Obligations on
  manufacturers/importers flow only from the
  national measures and not from the Directive.

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Objectives

• To protect the environment
• To prevent human health problems due to exposure
  to hazardous substances
• To provide a common EU framework so as not to
  distort competition or create unnecessary
  barriers to trade.
• RESTRICT THE USE OF SCIENTIFICALLY KNOWN
  HAZARDOUS SUBSTANCES WHERE SAFER ALTERNATIVES ARE
  AVAILABLE.

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Am I affected?

• The RoHS Directive applies both to domestically
  (EU) produced and imported EEE.
• You are affected if you
• Produce EEE which is exported to the EU
• Produce components for inclusion in EEE which is
  manufactured in or exported to the EU
• Resell EEE in the EU under your own brand that
  has been manufactured by someone else
• Are a professional exporter/importer of EEE into
  the EU

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Key Dates

• December 2002 adopted by the Council of
  Ministers and the European Parliament.
• 13 February 2003 published in the EUs Official
  Journal (ref. L37/19) and enters into force.
• 13 August 2004 deadline for Member States to
  implement the Directive in national law.
• 1 July 2006 start of substance ban. Applies to
  individual pieces of equipment, not just new
  product launches.

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Scope

• EEE in categories 1 7 and 10 of Annex 1A of the
  WEEE Directive (Directive 2002/96/EC).
• Large household appliances
• Small household appliances
• IT and telecommunications equipment
• Consumer equipment
• Electrical and electronic tools
• Toys, leisure and sports equipment
• Automatic Dispensers
• Electric Light Bulbs and luminaries in households
  (lights)

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The following are outside the scope of the
Directive or exempted

• Spare parts for EEE put on the market before 1
  July 2006, even if spare part is produced after
  this date.
• Where electricity is not the primary energy
  source for the appliance.
• Equipment specifically designed to be installed
  in cars, airplanes, boats or other means of
  transport
• Batteries and ink cartridges

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The banned substances

• Pb (lead)
• Hg (mercury)
• Cd (cadmium)
• CrVI (hexavalent chromium)
• PBB (polybrominated biphenyls)
• PBDE (polybrominated biphenyl ethers)
• Except when used in one of the applications
  listed in the Directives annex OR if used within
  permissible concentration levels.

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Exemptions

• Annex 1 of the Directive.
• 9 exemptions
• Maximum concentration levels
• Commission Decision 2005/618/EC
• Amendments to Annex 1 (adaptation to scientific
  and technical progress)
• Commission Decision 2005/717/EC of Oct 13
• Commission Decision 2005/747/EC of Oct 21
• Every exemption will be reviewed every 4 years

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Exemptions

• New exemptions
• Apply
• Commission carries out on-line stakeholder
  consultation. Independent consultant reviews
  results
• Commission makes proposals to a Technical
  Advisory Committee (TAC)
• If TAC agrees, measures are adopted
• If TAC disagrees or takes no decision, Commission
  submits a proposal to Council and informs
  Parliament
• Council can adopt or oppose or not act in time (3
  months)
• If no action, Commission adopts measures.

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Compliance

• Member States have in principle agreed that you
  can self-declare your compliance with the RoHS
  Directive.
• You must be able to show that you have taken
  steps to comply with the Directive.
• The detail of what this self-declaration will
  contain, and accepted testing methods are still
  being worked out.

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Where to go for more information

• http//europa.eu.int/comm/environment/waste/weee_i
  ndex.htm
• FAQs
• Stakeholder consultations (MAKE YOUR VOICE HEARD)
• Commission contact point ENV-RoHS_at_cec.eu.int
• Member States

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Thank you for your attention

• The Delegation of the European Commission to
  Canada represents the interests of the Commission
  in Canada. Visit our website at
  www.delcan.cec.eu.int.
• The European Commission is one of the major
  institutions of the EU. It is the sole body with
  the right of initiative in proposing and drafting
  EU legislation, but it does NOT adopt it this
  is the prerogative of the Council of Ministers
  and the European Parliament.As Guardian of the
  Treaties, the European Commission is also
  responsible for ensuring the correct
  implementation of adopted EU legislation and can
  take individual EU Member States to Court if it
  considers that this has not been done.This
  presentation reflects the views of the European
  Commission and, as such, is not legally binding.
  Binding interpretation of Community legislation
  is the exclusive competence of the European Court
  of Justice.