Why RoHS-2 Revision?

  • The RoHS-recast was mainly aimed at:
  • increasing the level of legal clarity and certainty, including the facilitation of its harmonised enforcement;
  • developing better regulatory conditions. That means a simple, effective and enforceable Directive;
  • aligning and harmonising RoHS with other EU legislation, such as the New Legislative Framework – ’Marketing of Products Package‘, REACH the ErP Directive and legislation related to management of waste from EEE with the objective to reduce administrative burden and to increase cost effectiveness;
  • the adaptation of the Directive to the technical and scientific progress concerning the use of hazardous substances in EEE particularly in medical devices and monitoring and control instruments;
  • harmonising the implementation made in the different Member States; and
  • preventing risks to human health and the environment, with a particular focus on workers involved in the management of electronic waste.

Difference between Directive 2002/95/EC (RoHS 1) and Directive 2011/65/EU (RoHS 2)

There are key differences between RoHS 1 and RoHS 2 in the following areas:

  1. Scope
    • a gradual extension of the requirements to all electrical and electronic equipment (EEE), cables and spare parts with a view to full compliance (except some exclusions that are explicitly stated in Article 2(4)) by 22nd July 2019;
    • a clarification of important definitions (Article 3);
    • provision for a review of the scope no later than July 2014
  2. Restriction of new substances
    • a methodology for the assessment of new hazardous substances in EEE with a view to restriction mainly based on waste-related criteria;
    • a review of the list of restricted substances carried out by the Commission by July 2014, and periodically thereafter;
    • an opportunity for Member States to propose new substance restrictions;
  3. Exemptions:
    • clearer and more transparent rules for granting, renewing or deleting exemptions;
    • obligation of manufacturers to apply for exemptions and to carry out the necessary assessment
  4. Coherence with other EU-Legislation:
    • New Legislative Framework (CE marking and Declaration of Conformity); and
    • Regulation (EC) No 1907/2006 on the Registration, Evaluation, Authorisation and Restriction of Chemicals (REACH).

When do the new provisions of RoHS 2 apply?

RoHS 2 entered into force on 21st July 2011 and must be transposed into national laws by 2nd January 2013. At that time RoHS 1 will be repealed.

From 22nd July 2014 the substance restrictions will gradually be extended to new product categories. The provisions of RoHS 2 will also apply for these types of EEE from the dates mentioned below:

RoHS-2 revision exemptions
Cables, spare parts for the repair, the reuse, the updating of functionalities or upgrading of capacity for a specific product category, must comply from the same date as their respective product category. Following the principle of ‘repair as produced’, spare parts for the specific products already on the market before the dates mentioned above are exempted.

The requirements for CE marking and Declaration of Conformity are effective from 3rd January 2013.