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RoHS Directive 2011/65/EU

RoHS is a CE marking Directive and if your product is within its scope then it must carry a CE marking and be referenced on an accompanying declaration of conformity.

Products within the scope of RoHS Directive 2011/65/EU are indicated in Annex I:

1. Large household appliances.
2. Small household appliances.
3. IT and telecommunications equipment.
4. Consumer equipment.
5. Lighting equipment.
6. Electrical and electronic tools.
7. Toys, leisure and sports equipment.
8. Medical devices.
9. Monitoring and control instruments including industrial monitoring and control instruments.
10. Automatic dispensers.
11. Other EEE not covered by any of the categories above.

Note, “EEE” is defined in Article 3 (1) as: ‘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 and designed for use with a voltage rating not exceeding 1,000 volts for alternating current and 1,500 volts for direct current.’

There are exclusions for some equipment and delays in applicability of this law to certain equipment.

Article 2 (4) defines the excluded equipment:

1. Military equipment.
2. Equipment designed to be sent into space.
3. Equipment designed to be installed as part of equipment that is not within the scope of the RoHS Directive. This exclusion only applies to equipment which is specially designed for excluded equipment.
4. Large-scale stationary industrial tools.
5. Large-scale fixed installations.
6. Means of transport for persons or goods, excluding electric two-wheeled vehicles which are not type-approved.
7. Non-road mobile machinery made available exclusively for professional use.
8. Active implantable medical devices.
9. Photovoltaic panels intended to be used in a system that is designed, assembled and installed by professionals for permanent use at a defined location to produce energy from solar light for public, commercial, industrial and residential applications.
10. Equipment specifically designed solely for the purposes of research and development only made available on a business-to-business basis.

Additionally, Article 2 (2) allows for equipment that is within the scope of the current RoHS Directive 2011/65/EU, but not within the scope of the repealed RoHS Directive 2002/95/EC to delay compliance with 2011/65/EU until July 22, 2019. The RoHS Directive 2002/95/EC must be reviewed to determine the applicability of the Article 2 (2) exclusion to your equipment. The scope of applicability of 2002/95/EC is defined in 2002/95/EC, Article 2, Scope.

The scope of 2002/95/EC is defined as equipment falling under the categories 1, 2, 3, 4, 5, 6, 7 and 10 listed in Annex IA of the repealed WEEE Directive 2002/96/EC.
Annex IA of 2002/96/EC lists this equipment in those referenced categories:

1. Large household appliances.
2. Small household appliances.
3. IT and telecommunications equipment.
4. Consumer equipment.
5. Lighting equipment.
6. Electrical and electronic tools.
7. Toys, leisure and sports equipment.
10. Automatic dispensers.

By law, the WEEE Directive 2012/19/EU replaces the WEEE Directive 2002/96/EC.

Annex XII of 2012/19/EU contains the correlation table from the old law (2002/96/EC) to the new law (2012/19/EU). Annex IA of 2002/96/EC is now Annex I of 2012/19/EU, but the table is exactly the same in both laws.

Of great importance, please note that category no. 11 from RoHS 2011/65/EC includes EEE not included in the other categories and there is no category no. 11 indicated in either WEEE 2002/96/EC or WEEE 2012/19/EU. This means that if your equipment is excluded from these categories you can possibly delay compliance with RoHS Directive 2011/65/EU until July 22, 2019 (See RoHS 2011/65/EU, Article 2 (2)).

The next question is, “why are categories 8 and 9 excluded from these lists?”

These categories are not excluded, rather their inclusion in the scope of applicability was or is delayed, depending upon the equipment. This is further defined in Article 4 of RoHS Directive 2011/65/EU:

Article 4 (3) delayed the inclusion of medical devices and monitoring and control instruments in the scope of 2011/65/EU until July 22, 2014.

Article 4 (3) delays the inclusion of in vitro medical devices and monitoring and control instruments in the scope of 2011/65/EU until July 22, 2016.

Article 4 (3) delays the inclusion of industrial monitoring and control instruments in the scope of 2011/65/EU until July 22, 2017.

Compliance requirements with the RoHS Directive 2011/65/EU differ depending upon your role as ‘economic operator’: manufacturer, distributor, or importer.

These responsibilities under this law are defined by type in the following articles of RoHS Directive 2011/65/EU:

  • Manufacturers – Article 7
  • Importers – Article 9
  • Distributors – Article 10

Please note that the above is a broad overview of the requirements and navigation of the RoHS Directive 2011/65/EU. There are additional requirements and caveats noted in the Directive which are not referenced above.

Most of our customers deal with RoHS Directive 2011/65/EU administratively using the sole harmonized standard for RoHS compliance: EN 50581:2012. This is a short EN standard that addresses, mostly, the requirements for the report that must be generated to prove RoHS compliance.

F2 Labs sales and engineering staff is always available to assist you with your European projects. We can talk with you regarding these laws and offer our best guidance in RoHS compliance services.

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