RoHS
Q: What does "put on the market"
mean?
A: Although the term "Put on the market" is used in the
WEEE Directive, it is yet to be precisely defined. The concept of "Put on the market" is taken
from the European Commission's Guide to the implementation of directives based on the New
approach and the Global Approach, (the "Blue Book"). The definition within the Blue Book is
"the initial action of making a product available for the first time on the Community market,
with a view to distribution or use...either for payment or free of charge".
It is yet unclear if the European Commission will adopt a similar definition for "Put on the
market" in terms of the WEEE & RoHS Directives.
Q: Must the RoHS be implemented similarly
throughout Europe?
A: Yes. RoHS is an Article 95 Directive (also known as a
"single market Directive") and is therefore required to be interpreted and implemented exactly
the same by all EU member states. The goal of the "single market" approach is to harmonize
implementation and to prevent multiple product design requirements and standards. However, the
EU has no influence over how it is enforced by member states or how penalties are applied by
the various member states. In fact, Sweden has suggested it intends to ban the use of the deca
form of PBDE from products sold in that country after July 1, 2006, despite the apparent
likelihood that the EU Commission intends to ban only the penta- and octa- forms of PBDEs.
Q: How will producers verify that their
products are RoHS compliant?
A: Currently there is no official prescribed method to
demonstrate compliance. M&A's product stewardship team is closely tracking the industrial
developments that aim to resolve this issue.
Whatever is decided, it will be up to the producer to ensure that what they put on the market
is in compliance with the Directives. What is certain is that producers will be required to keep
appropriate records for a period of up to four years after the equipment is placed on the
market.
Two methods of compliance that are likely to be established when the Legislation is transposed
into member states law are supplier declarations
and product analysis.
Supplier declarations
Producers of EEE could obtain an assurance from their suppliers that any materials, components,
assemblies or equipment provided to them has no more than the permitted level of any of the six
restricted substances, except when exemptions may apply.
Product analysis
Producers of EEE to be placed on the EU market may wish to undertake their own analysis of the
components or materials that they use in their products, either to verify the supplier
declarations or to establish the presence or otherwise of the restricted substances in those
cases where no declaration is available and/or the composition is unclear. Producers may employ
any suitable analytical technique in order to establish that their products comply with the
threshold values of the six restricted substances. The need for analysis will depend on the
quantity of product put onto the market (less for small producers than for large producers),
the relationship with suppliers, the risk of a banned substance being present and the potential
impact of that substance on the environment. Producers must ensure that they understand and take
into account any limitations of the analytical technique they use.
Q: How will enforcement authorities
in the EU determine whether a product is RoHS compliant?
A: At present it is unclear if there will be any variation between
each EU member state with regards to determining RoHS compliance. M&A's product
stewardship team are closely tracking the draft RoHS Legislation.
Q: What is exempt from RoHS?
Mercury (in some lighting applications)
Lead in the glass of cathode ray tubes, electronic components and fluorescent tubes.
Lead in certain steel, aluminum and copper alloys
Lead in solders for servers, storage and array systems (until 2010)
Lead in certain high temperature solders
Lead in solders for network infrastructure equipment
Lead in electronic ceramic parts
Cadmium plating
Hexavalent chromium (in absorption refrigerators)
Arms, munitions and war material
Source DTI
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