Recast of the Directive on restrictions of hazardous substances in electrical

and electronic equipment (RoHS)

RoundtableBrussels, 14 July 2009

Madalina CaprusuEuropean Commission – DG Environment

Current RoHS Directive

Objective: to avoid leakage of hazardous substances from waste to the environment and to prevent contamination with these substances when recycling materialsKey elements:

Ban on the use of 4 heavy metals and 2 brominated flame retardants in electrical and electronic equipment (EEE)Scope of products leaning on the WEEE DirectiveExemptions by comitology, based on availability of alternatives and an assessment of their impacts in terms of environment, health, and consumer safety

Similar legislation adopted by China, Korea, Japan, some U.S. states

The RoHS Recast

Why a revised RoHS?

Better RegulationProblems with implementation

Coherency with other legislation

Article 6 current RoHS:Inclusion of Medical Devices and Measurement and Control Equipment (categories 8 and 9)

Adaptation of the list of restricted substances

Scope

Current RoHSBased on the WEEE Directive

EEE under categories 1 -7 and 10 of Annex IA of the WEEE Directive

Electric light bulbs and luminaries in households

Not spare parts for repair or reuse of EEE put on the market before 1/7/2006

Not (guidance):Military

Equipment designed as part of another equipment

Fixed installation

Proposal (Art.2, Annexes I and II)

Product categories and binding list of products defining the scope are set under RoHS

Products list – amendable through comitology

Inclusion of categories 8&9

Not spare parts for compliantEEE

Not (legal text):Military

Equipment designed as part of another equipment

Fixed installation (clarified)

Definitions

Current RoHSEEEProducer

Main problem: some definitions are unclear (e.g. ‘producer’) or missing (e.g. ‘put on the market’)

Proposal (Art. 3)EEEEU “marketing of products” legislation definitions e.g. manufacturer, distributor, “making available on the market”, “market surveillance” etc.Categories 8&9 definitions (e.g. AIMD)Homogenous material

Substance restrictions

Current RoHSBan on the use of heavy metals (Pb, Hg,Cd,CrVI) and brominated flame retardants (PBB&PBDE) in EEE put on the market after 1/7/2006Maximum concentration values (MCVs) to be tolerated regarding compliance (Annex)New substances – co-decision

Proposal (Art. 4(7), Annex IV)No changes to the list of substancesSubstance restriction mechanism in line with the REACH methodology List of banned substances and MCVs - amendable through comitology instead of co-decision4 substances identified for priority assessment

Exemptions

Current RoHSArt. 5(1)(b)- Criteria for granting exemptions:

if elimination or substitution is technically or scientifically impracticable, orwhere the negative environmental, health and/or consumer safety impacts caused by substitution are likely to outweigh the environmental, health and/or consumer safety benefits

Review – at least every 4 years or 4 years afterApplications listed in the Annex

Proposal (Art. 5, Art.4(4)(f), Annexes V&VI)4-year maximum validity period, with possibility of requesting renewalsNew exemption criteria: availability and reliability of substitutes and socio-economic impacts. Permission to use non-compliant spare parts is extended to equipment benefitting from an exemption New annex - exemptions for categories 8&9Rules for exemption request -comitology

Compliance

Current RoHS:

Art. 4: MS to ensure that from 1/7/06 products put on the EU market comply

Does not foresee compliance procedures or standards to be applied

Compliance: is entirely competence of the MS.

2006-MS have set up an informal Enforcement Bodies Network

Proposal (Arts. 7-17)

Alignment with the recently adopted EU "Marketing of Products" legislation

Harmonised provisions on conformity assessment procedures, CE marking and market surveillance

Summary of proposed modifications

Clarification of scope and definitionsInclusion of Medical Devices and Measurement and Control Equipment A clearer mechanism for identifying and restricting the use of additional hazardous substancesAdaptation of the procedure for exemptions Harmonisation of conformity assessment requirements with EU legislation on the Marketing of Products

Full COM proposal downloadable at:http://ec.europa.eu/environment/waste/weee/pdf/com_2008_809.pdf

Thank you for your attention.