When RoHS2 was included in the Official Journal of the European Union in July it brought to an end the RoHS Recast procedure. However, not all questions were answered including the introduction of an “open scope”.
The European Commission has awarded a contract to BIO Intelligence Service and ERA Technology to review the scope, products and cost benefits of the RoHS Recast 2011/65/EU. The study will concentrate on the impact of the changes to scope, the whole subject of exclusions and even drill down into the definition of homogeneous material. The information that is gathered in this study will help determine what amendments are required to ensure Directive 2011/65/EU functions as intended.
It was always intended to phase Category 8, Medical Devices and Category 9, Monitoring and Control Instruments into scope but 2011/65/EC now includes Category 11 which covers all electrical and electronic equipment (EEE) not captured in categories 1 to 10 unless specifically excluded.
2011/65/EU also see’s a change to the definition of the word “dependent” and changes from applying to EEEs “primary” function to “at least one intended” function. As a result certain products such as a gas cooker, previously out of scope, would be captured if it had an electronic clock. Interestingly however, some EU Member States had already interpreted the scope of the original RoHS 2002/95/EC in that way contrary to the EC’s FAQ guidance.
The deadline for any additional products is July 2019 but Member States who favour the tighter interpretation may expect it to apply to products they have always considered to be in scope much sooner than that.
Large-scale stationary tools will not be included in the impact assessment as there is no difference between the original directive and the Recast. However, large-scale fixed installations will be investigated as part of the study. In particular the definition of “large-scale” needs to be clarified under 2011/65/EC. The new Category 11 will include many types of equipment and the study will determine which ones.
In addition the study will look EEE that is captured by the relaxation of the term “dependent”. Safes with electronic locks are category 11 but due to the change in the definition of “dependent” gas heaters, for example, with electrical functions will now fall into Category 1. These changes will not come into scope until July 2019.
The study will also consider the definition of homogeneous material.
While the current definition covers most situations there have been some difficulties for industry in determining whether certain products comply. In particular the study will look at very small components and coatings, especially hexavalent chromium passivation. The study will determine what analysis techniques exist to determine whether EEE complies with the limits and how practical they are to industry, as well as considering a possible alternative definition.
Finally, in an attempt to calculate the cost and benefits the assessment will gather inputs from stakeholders on such as the cost of CE marking new EEE, the cost of adapting existing product designs to comply, the cost of new production equipment, the reduction in RoHS substance use and reduced cost for newly excluded EEE.
While it may all seem a little “cart before the horse” the conclusions at the end of the study will be of great interest to industry.
With thanks to ERA Technology.
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