29 April 2011 Recast of RoHS Directive Joint initial input for the Commission guidance document PROVISION CONTENT TAE and DIGITALEUROPE s interpretation Scope Article 3(a) Consumables A consumable itself does not fall under the definition of EEE, and is considered out of the scope of the RoHS directive. Amongst others, the following items are considered as consumables: ink and toner cartridges, recording media (optical and magnetic), printing paper, powder for dishwashing machines or drill bits. Article 3(a) & 7(c) Components Consumables are not listed in the types of products subject to Art 4. RoHS covers only finished equipment and not components (see Art 7(b)). Components are not listed in the types of products subject to Art 4. However, components when placed on the market as spare parts for its repair, reuse, Text in Directive Article 3(a) of the RoHS Directive defines electrical and electronic equipment (EEE) as equipment which is dependent on electric currents or electromagnetic fields in order to work properly and equipment for the generation, transfer and measurement of such currents and fields and designed for use with a voltage rating not exceeding 1000 volts for alternating current and 1500 volts for direct current. Dependent means under article 3(b) with regard to EEE, needing electric currents or electromagnetic fields to fulfill at least one intended function. Art 3(a) electrical and electronic equipment (hereinafter EEE) means equipment which is dependent on electric currents or electromagnetic fields in order to work properly and equipment for the generation, transfer and measurement of such currents and fields and designed for use with a voltage rating not exceeding 1000 volts for alternating
Art 2(2) Timing of new definitions updating of its functionalities or upgrading of its capacity are subject to art. 4 (1) as part of the EEE (substance ban), they are not subject to the CE marking obligation (Art.7(b)). Definitions New definitions will only apply when old directive is repealed (=18 months plus 1 day after publication). current and 1500 volts for direct current. Art 7(b) Where compliance of EEE with the applicable requirements has been demonstrated by that procedure, manufacturers draw up an EC declaration of conformity and affix the CE marking on the finished product. 2. Without prejudice to Article 4(3) and 4(4), Member States shall provide that electrical and electronic equipment that was outside the scope of Directive 2002/95/EC, but which would be in non-compliance with this Directive, may nevertheless continue to be made available on the market until... Article 2.4 LSFI The new RoHS guidance document should reflect an indicative, non-exhaustive list of types of equipment that are considered fixed installations, in line with the Guide for the EMC Directive 2004/108/EC Article 3 (c) and (d) LSSIT Problem: Meaning of Permanently installed As used in a unique location, not necessarily attached/fixed. (e) large-scale fixed installations; (c) "large-scale stationary industrial tools" means a large-scale assembly of machines, equipment, and/or components, functioning together for a specific application, permanently installed and de-installed by professionals at a given place, and used and maintained by professionals in an industrial manufacturing facility or research and development facility; OJ: please insert date: 8 years after the entry into force of this Directive.
Article 3 (aa) Article 4(4) Spare part Spare parts for Category 11 Problem: Clarification is needed with the EEE cannot function as intended without that part of EEE The guidance needs to elaborate on what is presumed as intended. Prevention Problem: Article 4(4) omits any mention of spare parts for Category 11. However, whilst it is not mentioned in the directive itself, it would nevertheless appear necessary. (aa) spare part means a separate part of an EEE that can replace a part of an EEE. The EEE cannot function as intended without that part of the EEE. The functionality of EEE remains unchanged or is upgraded when the part is replaced by a spare part; We believe that Article 4(1) shall not apply to cables or spare parts, for the repair, the reuse, the updating of functionalities or upgrading of capacity of Category 11 EEE placed on the market before (8 years after entry into force). Article 5.2 Exemptions Problem 1: Cat 8-9 additional exemptions not added to the text. When can these exemptions be requested and when will they be granted? They can be requested from 20 days after the publication in the OJ and they should be granted before the products are subject to the scope. 2. Measures adopted in accordance with point (a) of paragraph 1 shall, for categories 1 to 7, 10 and 11 of Annex I, have a validity period of up to five years and, for categories 8 and 9 of Annex I, a validity period of up to seven years, to be decided on a case-by-case basis and which can be renewed. For the exemptions listed in Annex III on..., the maximum validity period, which can be renewed, shall, for OJ: please insert the date of entry into force of this Directive.
We understand that the maximum, renewable, exemption validity periods referred to in Article 5(2) are as follows: 5 years beginning 18 months after entry into force for categories 1-7 and 10; 7 years beginning 3 years after entry into force for medical devices; 7 years beginning 5 years after entry into force for in vitro diagnostic medical devices; 7 years beginning 3 years after entry into force for monitoring and control instruments; 7 years beginning 6 years after entry into force for industrial monitoring and control instruments; 5 years beginning 8 years after entry into force for EEE in Category 11. categories 1 to 7 and 10 of Annex I, be five years from the date of entry into force of this Directive and, for categories 8 and 9 of Annex I, seven years from the dates laid down in Article 4(3), unless a shorter period is specified. For the exemptions listed in Annex IV on...*, the maximum validity period, which can be renewed, shall be seven years from the dates laid down in Article 4(3), unless a shorter period is specified. Article 6.1 Methodology for substances restrictions Problem: 'The review and amendment of the list of restricted The interpretation of Article 6.1 needs clarification in substances in Annex II shall be coherent order to fully take into account the exemptions and with other legislation related to chemicals, in particular conditions for a substance ban laid down in REACH Regulation (EC) No 1907/2006, and Title VII. Especially if substance can be further used or shall take into account, inter alia, Annexes XIV and XVII to marketed under REACH based on one of the that Regulation. The review conditions listed under the general provisions of should use publicly available knowledge obtained from REACH Art.56 (1) to (6), has been granted an the application of such legislation.' authorization according to Art. 60 or is exempt as medical device according to Art.60 (2)
Dates for CE marking and DoC (any EEE) Obligations of manufacturers/importers/distributors The CE marking and DoC obligations shall apply to products placed on the market: 18 months after entry into force for categories 1-7 and 10; 3 years after entry into force for medical devices; 5 years after entry into force for in vitro diagnostic medical devices; 3 years after entry into force for monitoring and control instruments; 6 years after entry into force for industrial monitoring and control instruments; 8 years after entry into force for EEE in Category 11. Until then, CE marking and DoCs for RoHS are voluntary. 2. Without prejudice to Article 4(3) and 4(4), Member States shall provide that electrical and electronic equipment that was outside the scope of Directive 2002/95/EC, but which would be in non-compliance with this Directive, may nevertheless continue to be made available on the market until... In addition to the issues above, there are other areas of concern already rightly identified in existing Commission s FAQ document (http://ec.europa.eu/environment/waste/weee/pdf/faq_weee.pdf). We support retaining the following: - Criteria for determining whether a product falls under the RoHS Directive (1.2) - Clarification of application of RoHS Directive to spare parts installed in new equipment (1.12) o This is now partly regulated/allowed under art 4(5) so needs to be updated - Clarification of application the RoHS Directives to batteries (1.9) OJ: please insert date: 8 years after the entry into force of this Directive.
- Clarification of the use of non-rohs compliant material for capacity expansion and/or upgrade in electrical and electronic products put on the market before 1 July 2006 (1.13) o This is now confirmed by article 4(4)(a) - Clarification of application of substance ban under the RoHS Directive to products built for own use (1.15) - Clarification of inclusion of Radio Frequency Identification (RFID) chips in the scope of the RoHS Directives (1.16) - Definition of put on the market / placed on market (2.1, 2.2) [short definition included in definitions (k)] We also suggest the following two clarifications: 1. What is the legal base of the RoHS Directive? The RoHS Directive is based on Article 114 TFEU, which gives the EU competence to legislate on matters concerning the functioning of the internal market. This legal base only allows Member States to derogate from the provisions of the Directive under very limited circumstances. - A Member State may maintain a pre-existing provision of national law which is in force at the time of adoption of the RoHS Directive. In order to do so, such Member State must notify the Commission of the measure and justify the grounds for maintaining it. The grounds for maintaining the provision must be based on at least one of the following: public morality, public policy or public security; the protection of health and life of humans, animals or plants; the protection of national treasures; the protection of industrial and commercial property; protection of the environment or the working environment. - A Member State may introduce new national provisions that derogate from the RoHS Directive after it has been enacted. In order to do so, such Member State must notify the Commission of the measure, which must be based on scientific evidence which is both new and raises a problem specific to the applicant Member State. In addition, the scientific evidence may only relate to the protection of the environment or the working environment. On receipt of notification of both a pre-existing and new national measure, the Commission has 6 months (or 12 months if justified by the complexity of the matter and if danger for human life can be excluded) to approve or reject the national provision.
2. Do the WEEE and the RoHS Directives have different scopes? Yes, the scope of the RoHS Directive and the scope of the WEEE Directives are different and independent from each other. The respective scope of each Directive is set forth in Article 2 and the relevant annexes of each Directive. There is no longer a reference to the scope of one of the Directives in the other. A given type of electrical and electronic equipment can fall within the scope of one of these Directives while remaining out of scope of the other. The list of EEE covered by exclusions and exemptions is different for each Directive. For further information please contact: Eva Palackova EU Affairs Manager TechAmerica Europe Tel: +32 2 502 75 60 Email : Eva.Palackova@techamerica.org
ABOUT TECHAMERICA EUROPE TechAmerica Europe (formerly AeA Europe) represents leading European high-tech operations with US parentage. Collectively we invest Euro 100 bn in Europe and employ approximately 500,000 Europeans. TechAmerica Europe Member companies are active throughout the high-technology spectrum, from software, semiconductors and computers to Internet technology, advanced electronics and telecommunications systems and services. Our parent company, the TechAmerica (formerly AeA and ITAA), is the oldest and largest high-tech association in the US. ABOUT DIGITALEUROPE DIGITALEUROPE is the voice of the European digital economy including information and communication technologies and consumer electronics. DIGITALEUROPE is dedicated to improving the business environment for the European digital technology industry and to promoting our sector s contribution to economic growth and social progress in the European Union. DIGITALEUROPE ensures industry participation in the development and implementation of EU policies. DIGITALEUROPE s members include 61 global corporations and 37 national trade associations from across Europe. In total, 10,000 companies employing two million citizens and generating 1 trillion in revenues. Our website provides further information on our recent news and activities: http://www.digitaleurope.org