A new look for RoHS

Article 6 of the Restriction of Hazardous Substances (RoHS) Directive requires the European Commission (EC) to carry out a review of the Directive and to consider any changes to its scope that are required. Since the review started in 2005, there have been stakeholder consultations and studies by consultants into several aspects of the Directive. The Commission has published its proposals and we can now consider their impact on the electronics industry. Unlike in the original RoHS Directive, the EC now has to take into account the aims of the Lisbon strategy, so the development of an environmental strategy must also take into consideration economic growth and employment. Another fundamental change is that RoHS substance restrictions would be imposed only if there is an unacceptable risk to human health and the environment. Previously, the approach was based only on the precautionary principal. The scope of RoHS is specified in Annex I, which is no longer linked to the scope of the Waste Electrical and Electronic Equipment (WEEE) Directive. The new Annex I includes two additional categories – Medical Devices (category 8) and Monitoring and Control Instruments (category 9). Two further areas that required clarity – military equipment and equipment that is part of out of scope equipment – are now specifically excluded from RoHS. Annex II has been added and is a binding list of products that are included. However, the EC is able to amend this list as required. All of these changes are helpful in making explicit the intended scope of the Directive and in avoiding the different interpretations of RoHS and WEEE legislation that have occurred across the European Union. The RoHS directive has applied since 1 July 2006, but the amended Directive now states explicitly ‘placed on the Community market’. Use of the word ‘community’ has been added to ensure that Member States do not interpret this as their national market and act locally. The two additional categories (8 and 9) will be included in scope from 1 January 2014, except for in vitro diagnostic medical devices (1 January 2016) and industrial monitoring and control instruments (1 January 2017). Many definitions are made explicit, in particular those for homogeneous materials and the maximum concentration values. Although these definitions are the same as previously, their inclusion in the text reduces the risk of different interpretations. There are also new definitions, including the responsibilities of ‘manufacturer’, ‘importer’, ‘distributor’ as well as ‘conformity assessment’, the types of medical devices and industrial monitoring and control instruments. The word ‘producer’ has been removed.