3 Replies Latest reply on Jan 6, 2016 3:21 AM by franck.deschamps

    RoHS and WEEE: Comparison of EU & Indian legislation e-book

    VictoriaJones

      Introduction


      The draft document published by the Indian Government in New Delhi on 14th May 2010 for consultation has now been published with some modifications as the “E-waste (Management and Handling) Rules 2011”, and will come into effect on 1st May 2012.

       

      This treats WEEE and RoHS identically in terms of scope, exclusions etc, and there is a considerable similarity with the EU WEEE and RoHS legislation, although these are treated as totally separate legislation in the EU.


      India WEEE


      The responsibilities of the various entities, producers; consumers (including bulk consumers); collection centres; dismantlers and recyclers, are defined, together with the procedures for obtaining registration and authorisation from the pollution control entities including sample forms.

       

      For producers, collection centres, dismantlers and recyclers, an application for a Grant of Authorisation must be made within three months of the start of the Rules, (i.e.) by 31st July 2012, with the authorisation having a five year validity being made up to 90 days later.  An annual return had to be submitted by 30th June.  Renewals must be made more than 60 days before authorisation expiry.

       

      Be aware of a typo in Chapter III, Para 9 (4) which if taken literally means authorisation for handling e-waste would never be granted.

      Additionally, dismantlers and recyclers shall, within three months, must register “proof” of installed capacity of plant and machinery. On approval, a registration valid for two years will be issued.

       

      Storage of e-waste is permitted only for a period of 180 days; however this can be extended to a year should there be no recycling facility in that state, or if one is being developed.

      Labelling is similar to that used in the EU, except the black bar under the crossed out wheelie bin is not required.

       


      India RoHS


      India RoHS restricts the same six substances at the same maximum concentrations as in the EU but the scope of products is different as explained below. There is little information provided in the legislation regarding the process for compliance with India RoHS but the RoHS requirements enter force two years after this legislation enters force, which is in May 2014.

       

       

       

       

      Comparison of India WEEE/RoHS with EU WEEE and EU RoHS Legislation

       

      The table below shows the main similarities and differences between legislation adopted in India and the EU.

       

       

      IndiaEU
      LegislationJoint for WEEE and RoHSSeparate for WEEE and RoHS
      Legal Responsibility :

      Producers

      Consumers

      Collection centres

      Dismantlers

      Recyclers

      Producers

      Distributors

      Business end users

      Treatment facilities for WEEE

      Exporters of WEEE

      Business size affected

      (de minimus)

      Does not apply to Micro & Small Enterprises as defined under the Micro, Small & Medium Enterprises Development Act, 2006

      (see Appendix 1 below)

      All sizes in the categories above
      In Scope

      IT & Telecommunications Equipment

      All from EU RoHS Cat 3 ‘IT & Telecoms Equipment’, except :

      Calculators

      Printer cartridges

      Product for collection, storage, processing presentation or communicating information electronically

      Other equipment for transmitting sound images or other info by telecommunications.

      Current :

      1. Large household appliances
      2. Small household appliances
      3. IT and telecommunications equipment
      4. Consumer equipment
      5. Lighting equipment, (including electric light bulbs and household luminaires)
      6. Electrical and electronic tools (with the exception of large-scale stationary industrial tools)
      7. Toys, leisure and sports equipment
      10. Automatic dispensers

      Following the pending recast :

      8. Medical devices (with the exception of all implanted and infected products)
      9. Monitoring and control instruments
      11. Anything else not covered in categories 1 - 10

      (ii) Consumer electrical & electronics

      from EU RoHS Cat 1 ‘Large Household Appliances’ :
      Refrigerators
      Washing machines
      Air-con (not centralised air-con plant)

       

      from EU RoHS Cat 4 ‘Consumer Equipment’ :

      Television sets (all types)

      Out of Scope

      a. Batteries

      b. Radio Active waste

      c. Micro & Small Enterprises as defined under the Micro, Small & Medium Enterprises Development Act, 2006

      (see Appendix 1 for criteria)

      Currently :

      a. Military & National Security

      b. Electricity not primary power source

      c. Primary function does not need electricity

      d. Part of another type of equipment that is out of scope

      e. Batteries

      Following the pending recast :

      a. Military equipment

      b. Equipment designed to be sent into space

      c. Part of another type of equipment that is out of scope

      d. Large-scale stationary industrial tools

      e. Large-scale fixed installations

      f. Transport

      g. Non-road mobile machinery for professional use

      h. Active implantable medical devices

      i. Photovoltaic panels

      j. R&D equipment for B2B only

      EnforcementNot specified

      By national enforcement bodies, e.g. in the UK

      WEEE : Environment Agency, (SEPA, NI D of E)

      RoHS : NMO (National Measurements Office)

      PenaltiesNot specified

      Fines and costs, plus imprisonment in some EU States. The size of fines varies considerably between EU Member States.

      RoHS Exemptions See Appendix 2 for a comparison listing.Note : There are no time limitations for exemptions, no defined procedure for requesting exemption and no criteria that can be used for justification A procedure exists for exemption requests which includes defined criteria that can be used for justification. Time limitations are defined.
      Compliance approach

      WEEE: Application to the State Pollution Control Board or local Pollution Control Committee

       

      RoHS: The approach is unclear for RoHS but it is required to include information on RoHS substances in instruction manuals.

      WEEE – MS individually interpret the directive, requirements vary considerably and include registration, membership of compliance schemes

       

      RoHS – EU-wide consistent interpretation, although there are some areas where EU States have different interpretations. Compliance by self-declaration using documentation

       

       

      Appendix 1

      Micro & Small Enterprises as defined under the Micro, Small & Medium Enterprises Development Act, 2006

       

       

      Business Size

      Business AreaInvestment

      Micro

      Manufacturing<25 Lakh Rpapprox < £35k
      Service <10 Lakh Rpapprox < £14k
      SmallManufacturing25 Lakh – 5 Crore Rpapprox £35k - £700k
      Service10 Lakh – 2 Crore Rpapprox £14k - £280k
      MediumManufacturing5 – 10 Crore Rpapprox £700k - £1.4m
      Service2 – 5 Crore Rpapprox £280k - £700k

       

      Appendix 2

       

      Exemption Nr

      Description

      Scope and dates of applicability

      In Europe

      In India

      1

      Mercury in single capped (compact) fluorescent lamps not exceeding (per burner)  :

       

       

      1(a)

      For general lighting purposes

      < 30 W: 5 mg

      Expires on 31 Dec 2011

      1. 3.5 mg may be used per burner after 31 Dec 2011 until 31 Dec 2012
      2. 2.5 mg shall be used per burner after 31 Dec 2012

      Limited to 5 mg

      No timescale specified

      1(b)

      For general lighting purposes

      ≥ 30 W and < 50 W: 5 mg

      Expires on 31 December 2011

      1. 3.5 mg may be used per burner after 31 Dec 2011

      Limited to 5mg

      No timescale specified

      1(c)

      For general lighting purposes

      ≥ 50 W and < 150 W: 5 mg

       

       

      1(d)

      For general lighting purposes

      ≥ 150 W: 15 mg

       

       

      1(e)

      For general lighting purposes with circular or square structural shape and tube diameter ≤ 17 mm

      No limitation of use until 31 Dec 2011

      7 mg may be used per burner after 31 Dec 2011

      Limited to 7 mg

      No timescale specified

      1(f)

      For special purposes: 5 mg

       

       

      2(a)

      Mercury in double-capped linear fluorescent lamps for general lighting purposes not exceeding (per lamp):

       

       

      2(a)(1)

      Tri-band phosphor with normal lifetime and a tube diameter <9 mm (e.g. T2): 5 mg

      Expires on 31 Dec 2011

      4 mg may be used per lamp after 31 Dec 2011

      Limited to 4 mg

      No timescale specified.

      2(a)(2)

      Tri-band phosphor with normal lifetime and a tube diameter ≥ 9 mm and ≤17 mm (e.g. T5)

      5 mg

      Expires on 31 De 2011

      3 mg may be used per lamp after 31 Dec 2011

      Limited to 3 mg

      No timescale specified.

      2(a)(3)

      Tri-band phosphor with normal lifetime and a tube diameter >17 mm and ≤ 28 mm (e.g. T8):

      5 mg

      Expires on 31 Dec 2011

      1. 3.5 mg may be used per lamp after 31 Dec 2011

      Limited to 3.5 mg

      No timescale specified.

      2(a)(4)

      Tri-band phosphor with normal lifetime and a tube diameter > 28 mm (e.g. T12):

      5 mg

      Expires on 31 Dec 2012

      1. 3.5 mg may be used per lamp after 31 Dec 2012

      No weight reduction to 3.5 mg specified.

      No timescale specified.

      2(a)(5)

      Tri-band phosphor with long lifetime (≥ 25 000 h):

      8 mg

      Expires on 31 Dec 2011

      5 mg may be used per lamp after 31 Dec 2011

      No weight reduction to 5 mg specified.

      No timescale specified.

      2(b)

      Mercury in other fluorescent lamps not exceeding (per lamp) :

       

       

      2(b)(1)

      Linear halophosphate lamps with tube > 28 mm (e.g. T10 and T12):

      10 mg

      Expires on 13 April 2012

      No expiry date specified

      2(b)(2)

      Non-linear halophosphate lamps (all diameters):

      15 mg

      Expires on 13 April 2016

      No expiry date specified

      2(b)(3)

      Non-linear tri-band phosphor lamps with tube diameter > 17 mm (e.g. T9)

      No limitation of use until 31 Dec 2011

      15 mg may be used per lamp after 31 Dec 2011

      Limited to 15 mg

      No timescale specified.

      2(b)(4)

      Lamps for other general lighting and special purposes (e.g. induction lamps)

      No limitation of use until 31 Dec 2011

      15 mg may be used per lamp after 31 Dec 2011

      Limited to 15 mg

      No timescale specified.

      3

      Mercury in cold cathode fluorescent lamps and external electrode fluorescent lamps (CCFL and EEFL) for special purposes not exceeding (per lamp)  :

       

       

      3(a)

      Short length (≤ 500 mm)

      No limitation of use until 31 Dec 2011

      1. 3.5 mg may be used per lamp after 31 Dec 2011

      Limited to 3.5 mg

      No timescale specified.

      3(b)

      Medium length (> 500 mm and ≤ 1 500 mm)

      No limitation of use until 31 Dec 2011

      5 mg may be used per lamp after 31 Dec 2011

      Limited to 5 mg

      No timescale specified.

      3(c)

      Long length (> 1 500 mm)

      No limitation of use until 31 Dec 2011

      13 mg may be used per lamp after 31 Dec 2011

      Limited to 13 mg

      No timescale specified.

      4(a)

      Mercury in other low pressure discharge lamps (per lamp)

      No limitation of use until 31 Dec 2011

      15 mg may be used per lamp after 31 Dec 2011

      No weight limit

      No timescale specified.

      4(b)

      Mercury in High Pressure Sodium (vapour) lamps for general lighting purposes not exceeding (per burner) in lamps with improved colour rendering index Ra > 60:

       

       

      4(b)-I

      P ≤ 155 W

      No limitation of use until 31 Dec 2011

      30 mg may be used per burner after 31 Dec 2011

      Limited to 30 mg

      No timescale specified.

      4(b)-II

      155 W < P ≤ 405 W

      No limitation of use until 31 Dec 2011

      40 mg may be used per burner after 31 Dec 2011

      Limited to 40 mg

      No timescale specified.

      4(b)-III

      P > 405 W

      No limitation of use until 31 Dec 2011

      40 mg may be used per burner after 31 Dec 2011

      Limited to 40 mg

      No timescale specified.

      4(c)

      Mercury in other High Pressure Sodium (vapour) lamps for general lighting purposes not exceeding (per burner):

       

       

      4(c)-I

      P ≤ 155 W

      No limitation of use until 31 Dec 2011

      25 mg may be used per burner after 31 Dec 2011

      Limited to 25mg

      No timescale specified.

      4(c)-II

      155 W < P ≤ 405 W

      No limitation of use until 31 Dec 2011

      30 mg may be used per burner after 31 Dec 2011

      Limited to 30 mg

      No timescale specified.

      4(c)-III

      P > 405 W

      No limitation of use until 31 Dec 2011

      40 mg may be used per burner after 31 Dec 2011

      Limited to 40 mg

      No timescale specified.

      4(d)

      Mercury in High Pressure Mercury (vapour) lamps (HPMV)

      Expires on 13 April 2015

      No timescale specified.

      4(e)

      Mercury in metal halide lamps (MH)

       

       

      4(f)

      Mercury in other discharge lamps for special purposes not specifically mentioned in this Annex

       

       

      5(a)

      Lead in glass of cathode ray tubes

       

       

      5(b)

      Lead in glass of fluorescent tubes not exceeding 0.2 % by weight

       

       

      6(a)

      Lead as an alloying element in steel for machining purposes and in galvanized steel containing up to 0.35 % lead by weight

       

       

      6(b)

      Lead as an alloying element in aluminium containing up to 0.4 % lead by weight

       

       

      6(c)

      Copper alloy containing up to 4 % lead by weight

       

       

      7(a)

      Lead in high melting temperature type solders (i.e. lead- based alloys containing 85 % by weight or more lead)

       

       

      7(b)

      Lead in solders for servers, storage and storage array systems, network infrastructure equipment for switching, signalling, transmission, and network management for telecommunications

       

       

      7(c)-I

      Electrical and electronic components containing lead in a glass or ceramic other than dielectric ceramic in capacitors, e.g. piezoelectronic devices, or in a glass or ceramic matrix compound

       

       

      7(c)-II

      Lead in dielectric ceramic in capacitors for a rated voltage of 125 V AC or 250 V DC or higher

       

       

      7(c)-III

      Lead in dielectric ceramic in capacitors for a rated voltage of less than 125 V AC or 250 V DC

      Expires on 1 January 2013

      After that date may be used in spare parts for EEE placed on the market before 1 January 2013

      No Expiry Date

      7(c)-IV

      Lead in PZT based dielectric ceramic materials for capacitors being part of integrated circuits or discrete semiconductors.

      Approved by Council 16 May 2011, not yet in force.

      Not yet Included.

      8(a)

      Cadmium and its compounds in one shot pellet type thermal cut-offs

      Expires on 1 January 2012

      After that date may be used in spare parts for EEE placed on the market before 1 January 2012

      No Expiry Date

      8(b)

      Cadmium and its compounds in electrical contacts

       

       

      9

      Hexavalent chromium as an anticorrosion agent of the carbon steel cooling system in absorption refrigerators up to 0.75 % by weight in the cooling solution

       

       

      9(b)

      Lead in bearing shells and bushes for refrigerant-containing compressors for heating, ventilation, air conditioning and refrigeration (HVACR) applications

       

       

      10

      Item of EU RoHS Annex no Longer Applicable

      11(a)

      Lead used in C-press compliant pin connector systems

      May be used in spare parts for EEE placed on the market before 24 September 2010

      No Expiry Date

      11(b)

      Lead used in other than C-press compliant pin connector systems

      Expires on 1 January 2013

      After that date may be used in spare parts for EEE placed on the market before 1 January 2013

      No Expiry Date.

      No conditions for use.

      12

      Lead as a coating material for the thermal conduction module C-ring

      May be used in spare parts for EEE placed on the market before 24 September 2010

      No conditions for use.

      13(a)

      Lead in white glasses used for optical applications

       

       

      13(b)

      Cadmium and lead in filter glasses and glasses used for reflectance standards

       

       

      14

      Lead in solders consisting of more than two elements for the connection between the pins and the package of microprocessors with a lead content of more than 80 % and less than 85 % by weight

      Expired on 1 January 2011

      After that date may be used in spare parts for EEE placed on the market before 1 January 2011

      No Expiry Date

      No conditions for use.

      15

      Lead in solders to complete a viable electrical connection between semiconductor die and carrier within integrated circuit flip chip packages

       

       

      16

      Lead in linear incandescent lamps with silicate coated tubes

      Expires on 1 Sept 2013

      No Expiry Date

      17

      Lead halide as radiant agent in high intensity discharge (HID) lamps used for professional reprography applications

       

       

      18(a)

      Lead as activator in the fluorescent powder (1 % lead by weight or less) of discharge lamps when used as speciality lamps for diazoprinting reprography, lithography, insect traps, photochemical and curing processes containing phosphors such as SMS ((Sr,Ba) 2 MgSi 2 O 7 :Pb)

      Expired on 1 January 2011

      No Expiry Date

      18(b)

      Lead as activator in the fluorescent powder (1 % lead by weight or less) of discharge lamps when used as sun tanning lamps containing phosphors such as BSP (BaSi 2 O 5 :Pb)

       

       

      19

      Lead with PbBiSn-Hg and PbInSn-Hg in specific compositions as main amalgam and with PbSn-Hg as auxiliary amalgam in very compact energy saving lamps (ESL)

      Expired on 1 June 2011

      No Expiry Date

      20

      Lead oxide in glass used for bonding front and rear substrates of flat fluorescent lamps used for Liquid Crystal Displays (LCDs)

      Expired on 1 June 2011

      No Expiry Date

      21

      Lead and cadmium in printing inks for the application of enamels on glasses, such as borosilicate and soda lime glasses

       

       

      22

      Exemption expired in EU, not included in India.

      23

      Lead in finishes of fine pitch components other than connectors with a pitch of 0,65 mm and less

      May be used in spare parts for EEE placed on the market before 24 Sept 2010

      No conditions for use.

      24

      Lead in solders for the soldering to machined through hole discoidal and planar array ceramic multilayer capacitors

       

       

      25

      Lead oxide in surface conduction electron emitter displays (SED) used in structural elements, notably in the seal frit and frit ring

       

       

      26

      Lead oxide in the glass envelope of black light blue lamps

      Expired on 1 June 2011

      No Expiry Date

      27

      Lead alloys as solder for transducers used in high-powered (designated to operate for several hours at acoustic power levels of 125 dB SPL and above) loudspeakers

      Expired on 24 Sept 2010

      No Expiry Date

      28

      Exemption expired in EU, not included in India.

      29

      Lead bound in crystal glass as defined in Annex I (Categories 1, 2, 3 and 4) of Council Directive 69/493/EEC

       

      No definition in India WEEE/RoHS to which to refer.

      30

      Cadmium alloys as electrical/mechanical solder joints to electrical conductors located directly on the voice coil in transducers used in high-powered loudspeakers with sound pressure levels of 100 dB (A) and more

       

       

      31

      Lead in soldering materials in mercury free flat fluorescent lamps (which e.g. are used for liquid crystal displays, design or industrial lighting)

       

       

      32

      Lead oxide in seal frit used for making window assemblies for Argon and Krypton laser tubes

       

       

      33

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

       

       

      34

      Lead in cermet-based trimmer potentiometer elements

       

       

      35

      Cadmium in photoresistors for analogue optocouplers applied in professional audio equipment

      Old exemption expired 31 Dec 2009

      Replacement exemption proposed by EC Feb 2011

      Not yet included.

      36

      Mercury used as a cathode sputtering inhibitor in DC plasma displays with a content up to 30 mg per display

      Expired on 1 July 2010

      No Expiry Date

      37

      Lead in the plating layer of high voltage diodes on the basis of a zinc borate glass body

       

       

      38

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

       

       

      39

      Cadmium in colour converting II-VI LEDs (< 10 μg Cd per mm 2 of light-emitting area) for use in solid state illumination or display systems

      Expires on 1 July 2014

      No Expiry Date

      40

      Cadmium in photoresistors for analogue optocouplers applied in professional audio equipment

      Approved by Council 16 May 2011, not yet in force,  Will expire on 31 Dec 2013

      Not yet included.

       

      ©2011 Premier Farnell plc. Permission is granted for reproduction in whole or in part providing Premier Farnell plc is credited. Written in collaboration with ERA Technology Ltd (www.era.co.uk) July 2011

       

       

       

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