UL 60335-2-40/CSA C22.2 No. 60335-2-40

For years, more niche product categories have suffered from not having harmonized testing standards.  What this means for manufacturers is more expensive and extensive regulatory exercises because the standards for the US, Canada, and the European Union are all different. 

Now, when new standards are created or adopted, an effort is being made to move towards this harmonization process.  Recently, UL 60335-2-40/CSA C22.2 No. 60335-2-40 were adopted and are harmonized with EN 60335-2-40 and IEC 60335-2-40.  This standard applies to multiple products including packaged air conditioners and heat pumps, as well as liquid chillers, dehumidifiers, room air conditioners, and others.  This new standard will eventually replace several standards that are used in the HVAC industry, the biggest of which is UL 1995, but will also replace UL 484 and UL 474. 

The new standard includes the type testing for each of the tests outlined in UL 1995, however, there are now more extensive requirements and unique tests that are different from what has been done in the past.  These include but are not limited to Electronic Fault Test, Glow Wire Test, Flammability Requirements, and additional assessment for power input and current, heating, abnormal temps, ball pressure, amongst others.

The new standard doesn’t go “live” until 2024, and manufacturers may continue to utilize UL 1995 and other appropriate standards for new and existing products but should begin looking at what 60335-2-40 will require of them from a testing standpoint.  Manufacturers may begin utilizing 60335-2-40, if they so desire, to get a “head-start” on the competition.  However, understand that during this transition period additional changes may be made to the standard as it continues to evolve.  Products currently listed to UL 1995, UL 484, UL 474, or similar standards, will more than likely need to undergo full retesting, as UL 60335-2-40 has different test-based requirements as well as new component requirements. 

When utilizing the new standard, especially during the transition period, it’s important to have a trusted partner who can help walk you through and effectively guide your team through this process.  Reach out to F2 Labs today on how we can assist your team in navigating the compliance maze and get your product to market!

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FCC Part 15 Requirements for Bluetooth and Wi-Fi Modules/Devices

Bluetooth and Wi-Fi are technologies that allow our devices to be interconnected, whether that be wireless earbuds, cellular phones, hands-free sets for our cars, tablets, computers, etc.  In the United States, products that contain Bluetooth and/or Wi-Fi modules have two pathways towards FCC approval, and manufacturers are legally required to comply with one of these pathways, the details of which are found in CFR 47/Chapter 1/Subchapter A/Part 2/Subpart J.  

FCC Certification

The first (2.907 – Subpart J) is what is known as product certification where a finished product, Bluetooth module or Wi-Fi module, etc. may contain an unlicensed or uncertified module, or be, unlicensed or uncertified.  In this scenario, we would test the product, Bluetooth module, or Wi-Fi module to FCC Part 15 Subpart C subpart 15.247 or FCC Subpart C subpart 15.249 and produce test results.  These test reports would then go through what is called the TCB Review Process (Telecommunication Certification Body) where the reports and product details are reviewed and certification is granted (assuming a passing review), allowing the manufacturer to place an FCC ID on the finished product or Bluetooth module.  This ID must be visible on the product whether it is a label, etched on the exterior of the product, or electronically displayed.  See more on the FCC rules for labeling here.  For more information on Modular approval, requirements click here.

FCC Supplier’s Declaration of Conformity

The second (2.906 – Subpart J) is what is known as a Supplier’s Declaration of Conformity.  In this scenario, a product may contain a pre-certified Bluetooth module, or Wi-Fi module, etc. that has been integrated into the host device without making any modifications to the module grant conditions (such as antenna type, gain, power, etc.).  Under those conditions, a manufacturer would test for Radiated and/or Conducted Emissions (depending on how the product is powered) under FCC Part 15 Subpart B, 15.107 and/or 15.109 to ensure that the product complies.  With a test report in hand and a Supplier’s Declaration of Conformity, the manufacturer is not required to file with the FCC.  In this case, the manufacturer would need to place a label on the outside of the product that says it contains the FCC ID of the pre-certified wireless transmitter (i.e., Bluetooth or Wi-Fi module). 

F2 Labs is an expert in navigating this sometimes complicated, and confusing process.  Reach out to us today, so we can assist you in navigating the compliance maze and getting your product to the market as quickly, correctly, and as efficiently as possible.

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UKCA Updated Deadline

The COVID-19 pandemic has thrown us all for a loop. Effects of the pandemic have been seen across many industries, supply chains, and more, including the extension of deadlines for product compliance regulations.

In a statement on August 24th, 2021, the UK government announced that due to the COVID-19 pandemic, the deadline for products transitioning from CE compliance to UKCA compliance has been extended.  The new deadline is now January 1st, 2023.

Manufacturers looking for more advice and guidance can also reference the resources provided on the UK Government website.   

Refresher on UKCA:

The UK has left the EU and new rules concerning the transition for most CE products to UKCA products began in January 2021. The transition period for most products ends on December 31st, 2022 (previously December 2021).  All products shipped into the UK after that date must have the UKCA mark and a UKCA Declaration of Conformity.

All medical devices placed on the Great Britain market must now be registered with the MHRA.

The technical requirements and conformity assessment process and standards that demonstrate conformity for both the UKCA and CE markings are largely the same.

The UK has administered separate guidance for medical devicesrail interoperabilityconstruction products, and civil explosives.

UKCA Transition Period

The UKCA marking came into effect on January 1st, 2021, but an adjustment period will be in place until January 1st, 2023.  During that timeframe, the UK will still accept the CE mark in most cases.  F2 Labs recommends that you contact us as soon as possible to ensure your product will meet the deadline for this transition.

Products covered by the UKCA marking

  • Toy safety
  • Recreational craft and personal watercraft
  • Simple pressure vessels
  • Electromagnetic compatibility
  • Non-automatic weighing instruments
  • Measuring instruments
  • Lifts
  • ATEX
  • Radio equipment
  • Pressure equipment
  • Personal protective equipment
  • Gas appliances
  • Machinery
  • Equipment for use outdoors
  • Ecodesign
  • Aerosols
  • Low voltage electrical equipment
  • Restriction of hazardous substances
  • medical devices*
  • rail interoperability*
  • construction products*
  • civil explosives*

* are covered by UKCA marking but have special rules.

F2 Labs is here to help. Reach one of our experts by phone at 877-405-1580 or schedule a meeting here.

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F2 Labs’ is Officially Approved as an FDA ASCA-Accredited Testing Lab!

We are excited to announce that F2 Labs is officially an ASCA-accredited testing laboratory! We are one of only 17 labs approved by the FDA for this groundbreaking certification.

As an ASCA-accredited laboratory, we are certified to perform testing in accordance with the specifications of ISO/IEC 17025 and ASCA program specifications. This program will help increase product safety for the end-user and shorten the time it takes for FDA approval of your product.

What is ASCA?

The FDA launched ASCA to support its public health mission by increasing confidence in test results provided by testing laboratories. Becoming accredited comes with standards a laboratory must follow beyond the initial application process, including periodic audits. This helps ensure confidence with the FDA that we follow the proper procedures and help get your product through the FDA 510K process quicker.

The ASCA program will NOT introduce new requirements for medical device manufacturers. Instead, the ASCA intends to promote consistency and predictability in all of the FDA’s premarket submission programs.

When a lab is ASCA accredited, medical device manufacturers can be more confident that the lab conducting testing (within the laboratory’s scope of ASCA Accreditation) is likely to meet FDA’s regulatory requirements. Your products are no longer likely to be excluded from FDA approval because of an issue related to the lab’s testing if you use an ASCA Accredited lab in good standing.

The FDA believes the experience gained in the ASCA Pilot could broadly inform international harmonization efforts such as standards use across jurisdictions. ASCA is designed to increase manufacturer and consumer confidence in medical device testing, which will help ensure the widespread accessibility of safe and effective medical devices.

F2 Labs can provide more detail about the ASCA program as it relates to your product. You can also find more information and helpful resources at F2Labs.com. The ASCA program and F2 Labs’ accreditation through it, helps us fulfill our mission of partnering with our clients to make the world a safer place.

Please feel free to contact us if you have any questions.

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The FDA’s ASCA Program

Big news in the product compliance world is the FDA’s new ASCA program. The FDA has launched ASCA with the intention to support its public health mission by increasing confidence in test results provided by testing laboratories. Testing laboratories apply to become ASCA-accredited. This is the first time in history that the FDA has had a list of approved labs. Becoming accredited comes with standards a laboratory must follow past the initial application process, including periodic audits that can result in suspension or withdraw of accreditation.  

The FDA hopes this program will help enhance confidence in medical device testing, promote consistency and predictability in the premarket review process, encourage effective use of FDA resources, and support international harmonization. The increased confidence in testing may be particularly helpful for premarket submissions that rely on Declarations of Conformity to FDA-recognized consensus standards using test results from ASCA-accredited testing laboratories.

ASCA does not introduce new requirements for medical device manufacturers. Rather, by clearly communicating expectations for how results from ASCA-accredited testing laboratories are included and reviewed in premarket submissions, the ASCA intends to promote consistency and predictability in all of the FDA’s premarket submission programs.

By virtue of a testing laboratory’s ASCA Accreditation, device manufacturers can be more confident early in the product development lifecycle that testing to the FDA recognized consensus standards and test methods within the laboratory’s scope of ASCA Accreditation is likely to meet FDA’s regulatory requirements.

FDA used elements from international conformity assessment standards in the ISO/IEC 17000 series to establish the ASCA Pilot. The standards within the ISO/IEC 17000 series are used worldwide by stakeholders including accreditation bodies, testing laboratories, and device manufacturers. In addition, most of the FDA-recognized consensus standards and test methods selected for the ASCA Pilot are international consensus standards. FDA believes the experience gained in the ASCA Pilot could broadly inform international harmonization efforts such as standards use across jurisdictions.

ASCA is designed to increase confidence in medical device testing (by both manufacturers and consumers), which in turn will help to ensure the widespread accessibility of safe and effective medical devices.

F2 Labs is officially an ASCA-accredited testing laboratory that performs testing in accordance with the specifications of ISO/IEC 17025 and FDA ASCA program specifications. We believe this program will help not only increase product safety for the end-user but also shorten the time it takes for FDA approval of your product. Let F2 Labs provide you with the testing you need to get through the FDA approval process.

For more info from the FDA about the ASCA program, click here.

To schedule testing for your product contact us or call 877-405-1580.

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UKCA Mark

The UK has left the EU and new rules concerning the transition for most CE products to UKCA products began in January 2021. The transition period for most products ends on December 31, 2021.  All products shipped into the UK after that date must have the UKCA mark and a UKCA Declaration of Conformity.

About the UKCA Mark

The UKCA (UK Conformity Assessed) marking is the new UK product marking used for goods that hope to be placed on the market in Great Britain. In most cases, these goods previously required CE marking.

F2 Labs recommends that you contact us as soon as possible to ensure your product will meet the deadline for this transition.

Even though the technical requirements and conformity assessment process and standards that demonstrate conformity for both the UKCA and CE markings are largely the same, the UKCA marking is not recognized in the EU market and the CE mark will not be recognized in the UK market (at the end of the 2021 transition period).

If your product is not already CE Marked, testing would need to be conducted so that the CE and/or UKCA mark can be applied to the product.

Manufacturers can supply a UKCA Declaration of Conformity beginning on January 1st, 2021. However, it will not be mandatory until the end of the implementation period, which is December 31st, 2021 (with some exceptions).

Product Labeling, Technical Documentation, and Declaration of Conformity with UKCA

Product labeling is required for UKCA products in the UK market. In most cases, you must apply the UKCA marking on the product itself or the packaging. Starting in January 2023 the label must be permanently attached unless otherwise specified in legislation.

Technical documentation that demonstrates your product’s conformity with regulatory requirements must be kept for up to 10 years after the product is placed on the market. Product documentation can be requested at any time by market surveillance or enforcement authorities, for the safety of the public. The information requested will vary depending on specific legislation pertaining to your product.

A Declaration of Conformity must be supplied to the end-user for most products with a UKCA mark. The declaration of conformity declares key information about the product, including your name and full business address and the product’s serial number, model, or type identification, etc.

Similar to the technical documentation, the declaration of conformity should be available to market surveillance authorities on request.

For more detailed information, check out our main UKCA page or contact one of our representatives.

Products covered by the UKCA Marking

  • Toy safety
  • Recreational craft and personal watercraft
  • Simple pressure vessels
  • Electromagnetic compatibility
  • Non-automatic weighing instruments
  • Measuring instruments
  • Lifts
  • ATEX
  • Radio equipment
  • Pressure equipment
  • Personal protective equipment
  • Gas appliances
  • Machinery
  • Equipment for use outdoors
  • Ecodesign
  • Aerosols
  • Low voltage electrical equipment
  • Restriction of hazardous substances
  • medical devices*
  • rail interoperability*
  • construction products*
  • civil explosives*

*covered by UKCA marking but have special rules.

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Authorized EU Representative Requirement for EU Shipments

I fielded a question from a prospective customer yesterday regarding the requirement for an Authorized Representative for EU shipments. We always refer to it as an Authorized EU Representative at F2 Labs to avoid confusion. The customer read an article referencing a European regulation that appears to require that all exporters to the EU appoint an Authorized EU Representative. That is not accurate.

The regulation is Regulation (EU)2019/1020. Before yesterday I had never heard of it. Don’t worry… I read all 44 pages of it so you do not have to.

Immediately below is the summary of my email to the customer. After that I have pasted the entire email and how I worked through this.

Summary

The summary is this: you are not bound by Regulation (EU)2019/1020 but whoever is handling your products in the EU is. You must assist them in good faith (hand over the Technical File if requested by the authorities, you need to include a declaration of conformity, your products must comply) but you do not have to appoint an Authorized EU rep in almost all cases.

Detailed explanation

Regulation (EU)2019/1020 does make requirements of various categories of economic operators in the EU but it does not require an Authorized EU Representative for every product.

See Article 4 (1):
1. Notwithstanding any obligations set out in applicable Union harmonisation legislation, a product subject to legislation referred to in paragraph 5 may be placed on the market only if there is an economic operator established in the Union who is responsible for the tasks set out in paragraph 3 in respect of that product.

Next see the economic operators defined in Article 4(2)

(a) a manufacturer established in the Union;

(b) an importer, where the manufacturer is not established in the Union;

(c) an authorised representative who has a written mandate from the manufacturer designating the authorised representative to perform the tasks set out in paragraph 3 on the manufacturer’s behalf;

(d) a fulfilment service provider established in the Union with respect to the products it handles, where no other economic operator as mentioned in points (a), (b) and (c) is established in the Union.

I assume you are not in the EU, therefore you cannot assume any of the roles in Article 4(2).

So, what now?

An economic operator must be established in the EU for your product. So, one of the above must assume these duties (Article 4(3)):

(Please find my specific comments and responses in bold italics below each)

Without prejudice to any obligations of economic operators under the applicable Union harmonisation legislation, the economic operator referred to in paragraph 1 shall perform the following tasks:

(a) if the Union harmonisation legislation applicable to the product provides for an EU declaration of conformity or declaration of performance and technical documentation, verifying that the EU declaration of conformity or declaration of performance and technical documentation have been drawn up, keeping the declaration of conformity or declaration of performance at the disposal of market surveillance authorities for the period required by that legislation and ensuring that the technical documentation can be made available to those authorities upon request;

You need to send an EU declaration of conformity with the product and agree to hand over the technical file to the authorities (not your customer or distributor) upon request from the authorities.

(b) further to a reasoned request from a market surveillance authority, providing that authority with all information and documentation necessary to demonstrate the conformity of the product in a language which can be easily understood by that authority;

See answer above. The importer must have assurance from you that you will provide this information to the authorities. But only the authorities can request it.

(c) when having reason to believe that a product in question presents a risk, informing the market surveillance authorities thereof;

(d) cooperating with the market surveillance authorities, including following a reasoned request making sure that the immediate, necessary, corrective action is taken to remedy any case of non-compliance with the requirements set out in Union harmonisation legislation applicable to the product in question, or, if that is not possible, to mitigate the risks presented by that product, when required to do so by the market surveillance authorities or on its own initiative, where the economic operator referred to in paragraph 1 considers or has reason to believe that the product in question presents a risk.

Not your responsibility. You do not meet the criteria of an economic operator per Article 4 (2.).

Next, see Article 4 (4):

Without prejudice to the respective obligations of economic operators under the applicable Union harmonization legislation, the name, registered trade name or registered trade mark, and contact details, including the postal address, of the economic operator referred to in paragraph 1 shall be indicated on the product or on its packaging, the parcel or an accompanying document.

I noticed that this product is in scope of the EMCD 2014/30/EU.

Please see Article 7, obligations of manufacturers from 2014/30/EU:

Obligations of manufacturers

1. When placing their apparatus on the market, manufacturers shall ensure that they have been designed and manufactured in accordance with the essential requirements set out in Annex I.

2. Manufacturers shall draw up the technical documentation referred to in Annex II or Annex III and carry out the relevant conformity assessment procedure referred to in Article 14 or have it carried out. Where compliance of apparatus with the applicable requirements has been demonstrated by that procedure, manufacturers shall draw up an EU declaration of conformity and affix the CE marking.

3. Manufacturers shall keep the technical documentation and the EU declaration of conformity for 10 years after the apparatus has been placed on the market.

4. Manufacturers shall ensure that procedures are in place for series production to remain in conformity with this Directive. Changes in apparatus design or characteristics and changes in the harmonised standards or in other technical specifications by reference to which conformity of apparatus is declared shall be adequately taken into account.

5. Manufacturers shall ensure that apparatus which they have placed on the market bear a type, batch or serial number or other element allowing their identification, or, where the size or nature of the apparatus does not allow it, that the required information is provided on the packaging or in a document accompanying the apparatus.

6. Manufacturers shall indicate, on the apparatus, their name, registered trade name or registered trade mark and the postal address at which they can be contacted or, where that is not possible, on its packaging or in a document accompanying the apparatus. The address shall indicate a single point at which the manufacturer can be contacted. The contact details shall be in a language easily understood by end-users and market surveillance authorities.

7. Manufacturers shall ensure that the apparatus is accompanied by instructions and the information referred to in Article 18 in a language which can be easily understood by consumers and other end-users, as determined by the Member State concerned. Such instructions and information, as well as any labelling, shall be clear, understandable and intelligible.

8. Manufacturers who consider or have reason to believe that an apparatus which they have placed on the market is not in conformity with this Directive shall immediately take the corrective measures necessary to bring that apparatus into conformity, to withdraw it or recall it, if appropriate. Furthermore, where the apparatus presents a risk, manufacturers shall immediately inform the competent national authorities of the Member States in which they made the apparatus available on the market to that effect, giving details, in particular, of the non-compliance and of any corrective measures taken.

9. Manufacturers shall, further to a reasoned request from a competent national authority, provide it with all the information and documentation in paper or electronic form necessary to demonstrate the conformity of the apparatus with this Directive, in a language which can be easily understood by that authority. They shall cooperate with that authority, at its request, on any action taken to eliminate the risks posed by apparatus which they have placed on the market.

Next, see the definition of manufacturer per 2014/30/EU, Article 3,(11):

‘manufacturer’ means any natural or legal person who manufactures apparatus or has apparatus designed or manufactured, and markets that apparatus under his name or trade mark;

Note: Nowhere is the location of the manufacturer specified as in the EU (as is the case for Regulation (EU)2019/1020.

Manufacturer responsibilities per 2014/30/EU are different than those per Regulation (EU)2019/1020. Please read it – nowhere does it require an EU address for you or an Authorized EU rep.

To accentuate this point, please see Article 8 (1.) from 2014/30/EU:

Article 8, Authorised representatives

1. A manufacturer may, by a written mandate, appoint an authorised representative.

IMPORTANT TAKE-AWAY: You may, not shall, appoint an authorized EU representative.

Finally, see Article 5 from Regulation (EU)2019/1020.

Article 5, Authorised representative

1. For the purposes of point (c) of Article 4(2), the authorised representative shall be mandated by the manufacturer to perform the tasks listed in Article 4(3), notwithstanding any other tasks mandated under the relevant Union harmonization legislation.

2. The authorised representative shall perform the tasks specified in the mandate. It shall provide a copy of the mandate to the market surveillance authorities upon request, in a Union language determined by the market surveillance authority.

3. Authorised representatives shall have the appropriate means to be able to fulfil their tasks.

Yes, it reads strongly that the authorized rep “shall” be mandated by the manufacturer. But, what it means is that if there is an authorized rep it must by mandate (written agreement). You are not required to have one.

The summary is this: you are not bound by Regulation (EU)2019/1020 but whoever is handling your products in the EU is. You must assist them in good faith (hand over the Technical File if requested by the authorities, you need to include a declaration of conformity, your products must comply) but you do not have to appoint an Authorized EU rep in almost all cases.

I hope this helps.

We can be contacted via this link

We can be reached by phone at 877-405-1580 and are here to help you. 

F2 Labs is here to help.

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UKCA mark and CE marking – September 2020 update from F2 Labs

We published an article about Brexit and its implications for CE marking back in February of this year. A link to that article is here. The UK government posted new guidance about this on September 1, 2020. The link to that information is here.

You do not need to go to those links and sift through the information. We have summarized the main points below.

  • CE marking will apply to most products until January 1, 2022. These product area categories are:
    • Toys
    • Recreational and personal watercraft
    • Simple Pressure Vessels
    • EMC
    • Non-automatic Weighing Instruments
    • Measuring Instruments
    • Lifts
    • Radio Equipment
    • Pressure Equipment
    • Personal Protective Equipment
    • Gas Appliances
    • Machinery
    • Outdoor Noise
    • Ecodesign
    • Aerosols
  • CE marking will apply to medical devices until June 30, 2023.
    • Note that beginning January 1, 2021 all medical devices and in vitro diagnostic medical devices imported into the UK must be registered with the Medicines & Healthcare Products Regulatory Agency.
    • There is a 4-month grace period for Class IIIs, Class IIb implantable products, and active implantable medical devices
    • There is an 8-month grace period for registering for Class IIb and Class IIa devices.
    • All manufacturers based outside the UK will need to establish a UK Responsible Person.
    • There is a 12-month grace period for Class I devices.
    • You can start using the UKCA mark (if your product complies) as soon as January 1, 2021 but if it is a medical device the CE marking will suffice until June 30, 2023.

You will need to apply the UKCA mark to your product beginning January 1, 2021 if all of the following apply to the product:

  • it is for the market in Great Britain, and
  • it is covered by legislation which requires the UKCA marking, and
  • it requires mandatory third-party conformity assessment, and
  • conformity assessment has been carried out by a UK conformity assessment body and you haven’t transferred your conformity assessment files from your UK body to an EU recognised body before 1 January 2021. *Note that most UK bodies have opened offices in the EU.

The above means that if your product is a medical device you will need to register it in the UK at the end of this year or sometime in 2021 based on device category. You will also need a UK Responsible Person. Regarding other product categories you have some time (another year) as long as your product does not meet all four bulleted points immediately above.

We can be contacted via this link

We can be reached by phone at 877-405-1580 and are here to help you. 

F2 Labs is here to help.

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F2 Labs customer receives US FDA approval for a device used in the battle against COVID-19

The Circadia C100 Remote Bedside Monitor paired with the Circadia Pro App helps nurses monitor multiple patients at one time.

It is safe to say that COVID-19 has affected everyone in the world. F2 labs immediately joined the fight and offered pro-bono services to our customers who are working to alleviate the suffering caused by this terrible illness.

“It was the right thing to do and, I am so proud of everyone on our team who worked to get these evaluations completed quickly and correctly,” is how Wendy Fuster, President of F2 Labs, characterized the effort.

One of our customers, Circadia Health, worked with F2 Labs in pursuit of FDA 510(k) clearance on a bedside device for monitoring the breathing of people stricken with the disease and to help with early detection.

Our engineers knew that this wasn’t just a project: it was a way for us to “get in the fight.”

This device is so significant that it was featured in today’s Wall Street Journal.

The Circadia C100 was evaluated at F2 Labs EMC and Safety testing laboratories.

We can be contacted via this link

We can be reached by phone at 877-405-1580 and are here to help you. 

F2 Labs is here to help.

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RoHS 2011/65/EU and (EU)2015/863 – What is the difference?

Understanding the requirements for compliance to RoHS 2011/65/EU is not difficult (and we can help you), but ignoring them can get your product stopped upon entry into the EU.

RoHS stands for the “restriction of hazardous substances”. Initially, it restricted four heavy metals and two flame retardants per Annex II.

Compliance with the RoHS Directive 2011/65/EU is required for categories of electrical and electronic equipment which are indicated in Annex I.

The Annex II list is very comprehensive. Basically, any equipment that has any electric function is in the scope of this Directive. Equipment that is in the scope of RoHS must meet all of the substance restriction levels in Annex I. More specifically it means that every single part in your product (every pin, every resistor, every screw, even labels, and paint) must also individually meet those substance restriction levels. You cannot use a small part which is composed of 5% lead and compare that part in the context of the weight of the whole device. Each part must also be compliant.

The EU has published many amendments to the RoHS Directive. Most deal with very specific exemptions that are industry or application-specific. For instance – brass and other copper alloys can have a lead content of up to 4%. The EU publishes these in the Official Journal of the EU and also on a RoHS web page that is constantly updated. That page is here.

Below is a screenshot of the RoHS page with links to RoHS 2011/65/EU and all of the published amendments.

Notice that there are many, many amendments – but only (EU)2015/863 and (EU)2017/2102 are separated from the main list. (EU)2017/2102 is a short document that clarifies some language and addresses the use of spare parts and pipe organs (yes, pipe organs). (EU)2015/863 is much more important because it added four new substances to the Annex II list above: four phthalates. Phthalates, I have learned, are plasticizers that make plastic more pliable. Googling it, I came to a CDC fact sheet defining them in greater detail.

Therefore the importance of (EU)2015/863 is contained in the expansion of Annex II in RoHS 2011/65/EU. See below.

The last four substances are the “new” restricted phthalates. Now that I have laid the groundwork, we have arrived at the main purpose of this article:

Claiming compliance to RoHS 2011/65/EU encompasses a claim of compliance to (EU)2015/863 also as long as the original six-substance list is not referenced.

I wrote that in bold and italics because many times I see reference to “RoHS3” or “RoHS 2015/863.” Because of the confusion surrounding this, we write it as “RoHS 2011/65/EU + (EU)2015/863” on our proposals and much of our correspondence with our customers.

I have referenced the EU’s RAPEX weekly reports many times in the history of this blog. Click that link and subscribe if you are involved in the export of equipment and products to the EU. Every Friday, you will receive an email with a list of products that are stopped in EU customs. Not all products that are stopped – just what they consider to be especially hazardous.

Today I opened the link in my email and reviewed a couple of products that were stopped for non-compliance to RoHS. See below.

Both of those images open to the corresponding alerts. I want to draw your attention to two things:

  1. RoHS 2 is referenced. This means RoHS 2011/65/EU. Remember: that also means Commission Delegated Directive (EU)2015/863.
  2. Both products were stopped because the welds contained excessive lead. They did not note that the whole product has a higher than acceptable level of lead: just the welds.

If I had to guess, based on my experience in handling RoHS compliance for F2 Labs customers since 2014, I would bet that the products did not claim any compliance to RoHS at all, or had a weak claim (no report to EN 50581:2012 to back it up).

Is the picture at the bottom of this article what comes to mind when you think about RoHS? Don’t. We have handled hundreds of RoHS compliance projects for our customers. The first step we take is to determine if we can exclude it. (Yes, there are some exclusions!). We can help you too.

We can be contacted via this link. We can be reached by phone at 877-405-1580
and are here to help you. 

F2 Labs is here to help.

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