EC/EU Lead Free Legislation :: RoHS Directive Definitions

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Article 3.(a) - Definitions
"‘electrical and electronic equipment’ or ‘EEE’ means equipment which is dependent on electric currents or electromagnetic fields in order to work properly and equipment for the generation, transfer and measurement of such currents and fields falling under the categories set out in Annex IA to Directive 2002/96/EC (WEEE) and designed for use with a voltage rating not exceeding 1000 volts for alternating current and 1500 volts for direct current..."

Simplified
Again, reference is made to the WEEE Directive, from where RoHS takes its scope. Annex IB of WEEE expands somewhat on the broad categories listed in preceding Annex (IA) offering a more detailed register of equipment falling within the scope of both Directives. However, these categories are not exhaustive and product not specifically mentioned within these categories may still fall within the scope of RoHS.

RoHS only applies to equipment that requires electricity (within the voltages specified) to perform its primary function. An electric drill, for example, cannot perform its primary function when switched off. However, a toy doll with a speech function is still a toy doll even with the batteries removed. Its primary function is that of a doll, despite of any secondary functionality.

Our 'self assessment' feature will help to determine if your product falls within the scope of the RoHS Directive.

Alternatively, contact us if your unsure if a specific exemption applies to the equipment you produce.

Article 3.b - Definitions
" ‘producer’ means any person who, irrespective of the selling technique used, including by means of distance communication according to Directive 97/7/EC of the European Parliament and of the Council of 20 May 1997 on the protection of consumers in respect of distance contracts:

(i) manufactures and sells electrical and electronic equipment under his own brand;
(ii) resells under his own brand equipment produced by other suppliers, a reseller not being regarded as the ‘producer’ if the brand of the producer appears on the equipment, as provided for in subpoint (i); or
(iii) imports or exports electrical and electronic equipment on a professional basis into a Member State."

Simplified
Within this context, a ‘producer’ is not necessarily the original equipment manufacturer (OEM). Ultimately, anyone who imports electrical or electronic equipment into the European Union must ensure that the product complies with the RoHS directive, regardless of where it was originally produced. Unusually, a contract manufacturer that builds equipment for an OEM under the OEM’s brand is not consider a producer within this definition. The end customer is probably the only individual within the supply chain that is not implicated in some way by RoHS.

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