On 11 June 2009, Commission Decision 2009/443/EC was published in the Official Journal of the EU, amending, for the purposes of adapting to technical progress, the Annex to Directive 2002/95/EC (the RoHS Directive) as regards exemptions for certain applications of lead, cadmium and mercury. Hong Kong's electronic component and equipment sellers are likely to benefit from these exemptions if they are marketing their products in the EU.

Decision 2009/443/EC acknowledges that the substitution of the following substances is not yet practicable, and therefore adds them (as points 33 to 38) to the list of exemptions in the Annex to the RoHS Directive:

33.  Lead in solders for the soldering of thin copper wires of 100 μm diameter and less in power transformers.

34.  Lead in cement-based trimmer potentiometer elements.

35.  Cadmium in photoresistors for optocouplers applied in professional audio equipment until 31 December 2009.

36.   Mercury used as a cathode sputtering inhibitor in DC plasma displays with a content of up to 30 mg per display until 1 July 2010.

37.  Lead in the plating layer of high voltage diodes on the basis of a zinc orate glass body.

38.  Cadmium and cadmium oxide in thick film pastes used on aluminium bonded beryllium oxide.

The justifications given by the Commission for allowing two of the exemptions mentioned above (35 and 36) only until 31 December 2009 and 1 July 2010, is that substitutes should become practicable by those dates.

The full text of Commission Decision 2009/443/EC can be found at:
http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=OJ:L:2009:148:0027:0028:EN:PDF

Earlier, that is to say on 5 June 2009, the Official Journal published Commission Decision 2009/428/EC. This Decision also amends, for the purposes of adapting to technical progress, the Annex to the RoHS Directive as regards the exemption for an application of lead as an impurity in RIG Faraday rotators used for fibre optic communication systems.

The Decision states that, having carried out a technical and scientific assessment, the Commission considers that RIG (rare earth iron garnet) Faraday rotators which meet the maximum concentration values allowed by the RoHS Directive are currently available, and that therefore the exemption granted was in need of being reviewed.

The Decision also states, however, that pursuant to consultations with the relevant parties, including producers, it emerged that producers have to be given sufficient time for the appropriate qualification of RIG Faraday rotators with the restriction of lead, as per the RoHS Directive (i.e., that lead should not be used beyond the allowed maximum concentration value, namely 0.1% by weight in homogeneous materials).

The Decision therefore amends the RoHS Directive, by amending the existing exemption (numbered 22), making it:

"22.      Lead as impurity in RIG (rare earth iron garnet) Faraday rotators used for fibre optic communication systems until 31 December 2009".

As a result of Decision 2009/428/EC, Hong Kong exporters will therefore no longer be able to benefit from the exemption mentioned at point 22 of the RoHS Directive's Annex, beyond the end of this year. The full text of Commission Decision 2009/428/EC can be found at:

http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=OJ:L:2009:139:0032:0033:EN:PDF

Hong Kong's electrical and electronic equipment sellers may also like to be apprised of the latest news concerning the review of both the RoHS Directive and its "sister", the WEEE Directive which concerns waste electrical and electronic equipment. It may be recalled that on 3 December 2008, the Commission launched a review process for the eventual adoption of recast RoHS and WEEE Directives.

For RoHS, the purpose of the recast is to clarify the Directive, in order to simplify its implementation, improve its application at national level, and ensure that it is coherent with other EU legal texts. Remaining uncertainties about the scope of the Directive, lack of clarity on legal provisions and definitions, as well as disparities in Member States' approaches to product compliance and potential duplication of procedure with other instruments of EU legislation such as REACH, will also be addressed. It is felt that if the RoHS Directive is not reviewed, uncertainty among manufacturers about legal requirements for demonstrating compliance and about enforcement methodologies in the 27 Member States will persist, maintaining or increasing administrative burden.

As for WEEE, it has become apparent that despite the existing rules on collection and recycling, only one third of WEEE in the EU is reported as appropriately treated; the other two-thirds are going to landfills and potentially to sub-standard treatment sites in or outside the EU. The collection target of 4 kg per person per year is not being met in individual Member States. Illegal trade of electrical and electronic waste to non-EU countries continues to be widespread. The recast is therefore intended to address these problems.

Both proposed recast Directives are currently awaiting a first reading at the European Parliament. As the European Parliament elections have just been held, earlier this month, and due to the impending summer break, it is unlikely that the first reading will take place until towards the end of this year. The Council of Member States' Ministers is scheduled to examine and debate the Commission proposals on 23 October 2009. The European Parliament is expected to discuss them in plenary on or around 24 November 2009. It is possible that the new Directives could be adopted by the end of this year. Hong Kong traders should therefore remain watchful for developments.