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29 Oct 2009
The 2009 Recast of the RoHS Directive

On 3rd September 2009, the Council of the EU's secretariat published a compromise text as an updated proposal for the recast of the RoHS Directive. This document comments on the first proposal of 3rd December 2008 in which the European Commission made suggestions for changes of the RoHS Directives, regarding the directive's scope, increased producer responsibility, and market surveillance in EU.

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Most important subjects of the new document are given below:

  • Inclusion of all electrical and electronic equipment (EEE) in RoHS scope unless there is a specific exemption of a certain product (already added to these exclusions are largescale stationary industrial tools and musical pipe organs)
  • Consequently Annexes I and II of the first draft proposal (namely the EEE categories and products falling within their scope) have been deleted from the recent document
  • The approach to broaden the scope of restricted substances is changed. Annex III is deleted and the four additional restricted substances in the list have been re-assigned as priority substances for assessment. Article 4 §7 suggests that the commission shall adopt a methodology bringing RoHS restricted substances closer to REACH. The remaining Annex IV lists substances which are currently prohibited under the existing RoHS Directive, namely, lead, mercury, cadmium, hexavalent chromium, PBB and PBDE.
  • The draft contains the obligations of manufacturers, importers and distributors. For example, before placing EEE on the EU market, the importers will have to ensure that the appropriate conformity assessment procedure has been carried out by the producer. Importers will also need to indicate their name, registered trade name or registered trade mark, and the address at which they can be contacted.
  • Articles 13 and 14 require both EC declaration of conformity and CE marking. This requirement was not included in the initial RoHS directive.
  • Another change to the initial directive is an amendment to the exemption procedures. Interested parties will need to actively re-apply every 4 years in order to pro-long existing exemptions.
  • Medical device and monitoring/control instrument exemption will phase out with the upcoming RoHS amendment . Specific substance exemptions for these products are given in Annex VI.


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