Simplified
The European parliament is aware that this environmental legislation
could create obstacles that might inhibit trade within the
European single market. Whereas the WEEE directive sets minimum
levels for recycling that must be met but may be exceeded,
RoHS is very explicit about which substances should be restricted
and the precise levels that may be tolerated. As the RoHS
Directive is based on Article 95 of the treaty, its definitions
should not vary across EU member states following translation.
In theory, interpretation of the legislation by the UK government
should be identical to that of the German or French governments. |
See
also:
Commision
Decision 2005/618/EC which defines the maximum
tolerated concentrations of the restricted substances
The European Community
|
Introduction
(5)
" The available evidence indicates that measures on the
collection, treatment, recycling and disposal of waste electrical
and electronic equipment (WEEE) as set out in Directive 2002/96/EC
of 27 January 2003 of the European Parliament and of the Council
on waste electrical and electronic equipment (6) are necessary
to reduce the waste management problems linked to the heavy
metals concerned and the flame retardants concerned. In spite
of those measures, however, significant parts of WEEE will continue
to be found in the current disposal routes. Even if WEEE were
collected separately and submitted to recycling processes, its
content of mercury, cadmium, lead, chromium VI, PBB and PBDE
would be likely to pose risks to health or the environment." |
Simplified
The WEEE Directive referred to here is a separate, but related
piece of environmental legislation. WEEE is primarily tasked
with reducing the amount of electrical and electronic equipment
(often referred to as EEE) from entering landfill at the end
of its useful life by encouraging reuse, recycling and separate
collection. However, it is obvious from this statement that
the Commission recognises that the WEEE Directive cannot eradicate
all EEE from entering landfill. The role of RoHS is to reduce
harmful substances at source, ensuring that these hazardous
substances are not leached into the environment by equipment,
which inevitably fails to be recycled.
|
|
Introduction
(10)
"The technical development of electrical
and electronic equipment without heavy metals, PBDE and PBB
should be taken into account. As soon as scientific evidence
is available and taking into account the precautionary principle,
the prohibition of other hazardous substances and their substitution
by more environmentally friendly alternatives which ensure at
least the same level of protection of consumers should be examined." |
Simplified
The ‘precautionary principle’ mandates that industry
prove that its products and processes are safe before contaminating
our environment. The introduction above implies that the list
of substances currently restricted by RoHS is not exhaustive,
and as and when additional scientific evidence is presented,
the list of ‘banned’ substances may well increase.
|
Introduction (11)
" Exemptions from the substitution requirement should be
permitted if substitution is not possible from the scientific
and technical point of view or if the negative environmental
or health impacts caused by substitution are likely to outweigh
the human and environmental benefits of the substitution. Substitution
of the hazardous substances in electrical and electronic equipment
should also be carried out in a way so as to be compatible with
the health and safety of users of electrical and electronic
equipment (EEE).” |
Simplified
The list of exemptions contained within the annex to the RoHS
Directive may be added to in circumstances where it is not
technically practical to remove RoHS restricted substances
in specific applications. |
See
also:
Existing and proposed
exemptions
|
Article 1 - Objectives
"The purpose of this Directive is to approximate the
laws of the Member States on the restrictions of the use of
hazardous substances in electrical and electronic equipment
and to contribute to the protection of human health and the
environmentally sound recovery and disposal of waste electrical
and electronic equipment". |
Simplified
The legislation intends to set out the basis for member states
to establish consistent guidelines (following translation)
as the Directive is transposed into each countries domestic
law. A ‘level playing field’ is required to ensure
the legislation creates no barriers to internal (EU) trade.
For example, the legislative detail of the Austrian translation
of RoHS should be identical to its Swedish counterpart.
|
See
also:
The
WEEE Directive
|
Article 2.1 - Scope
"Without prejudice to Article 6, this Directive shall apply
to electrical and electronic equipment falling under the categories
1, 2, 3, 4, 5, 6, 7 and 10 set out in Annex IA to Directive
No 2002/96/EC (WEEE) and to electric light bulbs, and luminaires
in households." |
Simplified
The RoHS Directive does not contain its own list of equipment
that must comply with its requirements. Instead, it takes
its scope from annex 1 of the associated WEEE Directive. RoHS
does, however, maintain its own a list of exemptions within
its annex. However, there are a few anomalies to this basic
assumption. For example, military applications are absent
from the scope of both Directives. In this instance, article
2.3 of WEEE states that equipment connected with national
security or purely military purposes is excluded from WEEE.
No such reference is made in the RoHS Directive, but the Commission
considers that RoHS is broadly reflected in WEEE, and as such
this exemption applies to both Directives.
|
Article 2.3 - Scope
" This Directive does not apply to spare parts for the
repair, or to the reuse, of electrical and electronic equipment
put on the market before 1 July 2006." |
Simplified
This is an important clause that must be clearly understood
before referencing it within your own conversion strategy.
There is a common misconception within some manufacturing
organisations that all spare parts are exempt from the legislation.
This exemption only applies to equipment manufactured before
1st July 2006.
The UK government latest guidance notes of August 2005 extends
spare parts to include "...replacement components that
expand the capacity of and/or upgrade of EEE placed on the
market before 1 July 2006.
Put on the market or placing on the market is defined as
"the initial action of making a product available for
the first time on the community market, with a view to distribution
or use in the community. Making available can be either for
payment or free of charge."
|
See
also:
RoHS
Regulations (UK) Government guidance notes –
August 2005
Put on the market
|
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