Simplified
This article has now been superseded by the release of Commission
Decision 2005/618/EC which amends article 5.1 (a) of the RoHS
Directive.
|
See
also:
Commission
Decision 2005/618/EC
|
Article 5.1b - Adaptation
" exempting materials and components of electrical and
electronic equipment from Article 4(1) if their elimination
or substitution via design changes or materials and components
which do not require any of the materials or substances referred
to therein is technically or scientifically impracticable,
or where the negative environmental, health and/or consumer
safety impacts caused by substitution are likely to outweigh
the environmental, health and/or consumer safety benefits
thereof;” |
Simplified
Where it is technically impossible to remove a RoHS restricted
substance from a specific application, the Technical Adaptation
Committee (TAC) may put forward a case to the commission for
a proposed new exemption. Obviously, there is no environmental
benefit of replacing one hazardous material with an equally
hazardous substitute.
|
See
also:
Existing and proposed
exemptions
|
Article 5.1c - Adaptation
"carrying out a review of each exemption in the Annex at
least every four years or four years after an item is added
to the list with the aim of considering deletion of materials
and components of electrical and electronic equipment from the
Annex if their elimination or substitution via design changes
or materials and components which do not require any of the
materials or substances referred to in Article 4(1) is technically
or scientifically possible, provided that the negative environmental,
health and/or consumer safety impacts caused by substitution
do not outweigh the possible environmental, health and/or consumer
safety benefits thereof." |
Simplified
Whilst the RoHS annex lists various applications that are
exempt from the legislation, they will be reviewed regularly
(every 4 years) to discover if technical obstacles to their
substitution have been overcome. It should be recognised that
existing exemptions may be short lived, and should not be
relied upon as part of an organisations RoHS conversion strategy.
However, this article does not necessarily imply that an exemption
will be removed – its status will simply be reconsidered. |
See
also
Existing
and proposed exemptions
|
Article 5.2 - Adaptation
Before the Annex is amended pursuant to paragraph 1, the Commission
shall inter alia consult producers of electrical and electronic
equipment, recyclers, treatment operators, environmental organisations
and employee and consumer associations.
Comments shall be forwarded to the Committee referred to in
Article 7(1). The Commission shall provide an account of the
information it receives. |
Simplified
[‘Inter alia’ – among other things]
Due to the complexity of the electronics manufacturing industry,
the European Commission will not make unilateral alterations
to the RoHS exemptions without first consulting with supply
chain partners and industry bodies. This may take a form similar
to the current consultation process, where clarification is
first sought from industry.
|
See
also
Consultation
process |
Article 6 - Review
" Before 13 February 2005, the Commission shall review
the measures provided for in this directive to take into account,
as necessary, new scientific evidence".
"
In particular the Commission shall, by that date, present proposals
for including in the scope of this Directive equipment which
falls under categories 8 and 9 set out in Annex IA to Directive
2002/96/EC (WEEE)." |
Simplified
Article 6 instructs the European Commission to review the
impact of the Directive before 13 February 2005 and, in particular,
decide if it is appropriate to bring the currently exempt
categories 8 and 9 within the scope of RoHS. It was envisaged
that producers of medical devices and monitoring and control
instruments would be considered for inclusion at that time.
However, progress has been slow and the latest TAC guidance
suggests the Commission will make a decision during 2007.
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See
also
TAC
minutes April 2005
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+44
(0)845 1000 251