Quality & Standards >> RoHS

Background
In 1998, the European Union discovered that alarmingly large amounts of hazardous waste were being dumped into landfill sites. Trends also indicated that the volumes were likely to grow 3-5 times faster than average municipal waste. This highlighted a massive, and growing, source of environmental contamination.

In order to address the issues this information raised, the member states of the EU decided to create the Waste Electrical and Electronics Equipment (WEEE) directive, whose purpose was to:

1. Improve manufacturers' designs, to reduce the creation of waste
2. Make manufacturers responsible for certain phases of waste management
3. Separate collections of electronic waste (From other types of waste)
4. Create systems to improve treatment, refuse, and recycling of WEE

The WEEE directive provided the origins of the current forthcoming legislation. However, since 1998 a draft proposal called EEE (Environment of Electrical & Electronics Equipment) was also introduced along the same lines. Now, as the implementation of this policy becomes imminent, this policy is generally referred to as the ROHS Directive.

What is it ROHS?
The ROHS directive is often referred to as "Lead-Free" legislation. This is not a very accurate nickname, because it extends to other pollutants as well. The proper name for ROHS is:
Directive 2002/95/EC

"The restriction of the use of certain hazardous substances in electrical and electronic equipment"
And it applies to the following substances:

• Lead
• Mercury
• Cadmium
• Hexavalent Chromium
• PBB
• PDBE

In order to comply with the EU ROHS legislation all of these substances must either be removed, or must be reduced to within maximum permitted concentrations, in any products containing electrical or electronic components that will be sold within the European Union.

Time Line of Activities
Several stages have applied in making ROHS apply in EU law. The main steps that are involved are as follows:

1. Phase 1, Discussion Paper - July 2003
2. Phase 2, Consultation Paper - November 2003
3. Phase 3, Draft Regulations - Spring 2004
4. Planned Transposition to UK Law - Introduction: August 2004
5. Planned Transposition to UK Law - Enforcement: 1st July 2006
6. ROHS planned to start fulfilling it's objectives by 1st January 2008

This timescale means that putting products using non-compliant components onto the EU market after 1st July 2006 will be in breach of both UK and European law. Offenders will be subject to trial through the Law Courts, followed by punishment if found guilty.

Who does this effect, and how?

1. European (EU) Manufacturers
   The source of the problem regarding the dumping of hazardous substances found in electrical & electronics components are, ultimately, the manufacturers. They decide which materials are used in the final products, and therefore they will be the most affected by RoHS.

   It is likely that Military and Aerospace sectors will be granted a large degree of exemption from ROHS, but it will certainly apply to all other companies involved in the manufacture of electrical of electronic goods.

   All manufacturers of electrical and electronic products in the EU will have to comply with the ROHS Directive as and when required.

   Current EU Member States
   Austria, Belgium, Denmark, UK, Finland, Greece, Ireland, Italy, Luxemburg, The Netherlands, Portugal, Spain, Sweden.

   Joined in May 2004
   Cyprus, Czech Republic, Estonia, Hungary, Latvia, Lithuania, Malta, Poland, Slovak Republic, Slovenia.

   Hope to join in 2007
   Bulgaria, Romania.
   
   

2. European (EU) Dealers & Distributors
   Dealers and distributors only supply the components for electrical and electronic products. They are not directly responsible for putting those products onto the market and, as such, are not responsible for meeting the ROHS directive.

   However, there are serious implications...

   Most European dealers and distributors will be heavily involved with customers who make products for the European Market. These customers will soon start accepting only ROHS-compliant components, in order to meet the requirements that will soon be imposed upon them...

   Consequently the dealers & distributors that supply EU-based manufacturers will have to start stocking ROHS-compliant components, or risk losing some or all of their business. It would therefore pay for suppliers to be "Ahead-of-the-game" with regards to the ROHS issue.
   
   

3. Non-European (EU) Manufacturers, Dealers & Distributors
   Most of the Electrical & Electronic product industry lies outside the existing European Union, the USA and the Far-East being the key regions for such activity.

   ROHS is a European Union directive. Manufacturers in the USA and the Far-East will be unaffected by it, with regards to the products that they sell outside the EU.

   However, it's not that simple for non-EU manufacturers...

   Many companies who both operate and manufacture outside Europe, will still eventually sell their goods inside the EU. Many EU-member states (EG. The UK) are massive export markets for both Asian and American companies. As such these companies have to make all the products that they export to the EU compliant with the EU ROHS Directive.

   What about non-EU Dealers & Distributors?
   A non-EU dealer or distributor is perfectly within their rights to supply an EU company with a non-compliant product, unless they have stated that it is compliant when if fact it is not (Which raises separate trade description issues).

   So who must ensure compliance when importing / exporting to the EU?
   Anybody producing products that are not compliant with ROHS, and who then attempts to sell then on the EU market after the compliance deadline, will be in breach of the EU ROHS Directive.

   Furthermore, it is ultimately the responsibility of the agent who introduces the goods into the EU, to meet all of the necessary requirements. Therefore even if you are selling non-compliant products under a different brand name, it will still be your responsibility to ensure compliance if you wish to sell them in EU counties.

Summary of Main Points

The manufacturer, or the importing reseller, will always be liable for breaches of ROHS directive, provided they have not been sold non-compliant products by a distributor who claimed that they were compliant. In this case the distributor is guilty of trades description breaches. If the manufacturer failed to check whether components were compliant or not, then they are responsible for any subsequent issues.

Couriers and freight carriers are excluded from liability. It is the company that is breaching the regulations to profit from the sale of non-compliant goods that will be targeted for indictment, because it is their responsibility

What happens if you don't comply?

1. Persons in Breach
   The proposed maximum penalty for being in breach of regulations (When they are introduced into the legal system) is 3 months in prison, and a £5,000 fine.
2. Indictment
   Anybody indicted for breach of regulations (When they are put into force) will be liable for a maximum of 2 years in prison and an unlimited fine.

The most likely enforcers of this legislation are currently considered to be Local Authority Trading Standards Officers, although many precise details are yet to be disclosed.

Source : http://www.rohsdirective.com/noncompliance.htm