European Electronics Legislation in 2012 - What Are the Big News Stories?

Manufacturers, importers and distributors both based in and exporting to the EU must take the time to review all the legislative obligations placed upon them both from the point of protecting their customers and the environment from their products, as well as themselves from the potential legal and monetary issues if they are found to be non-compliant. RoHS 2 The recast of the RoHS directive was a huge story in 2011. The legislation severely limits the use of six hazardous substances (Mercury, Lead, Cadmium, Hexavalent Chromium, PBDE and PBB) in electrical and electronic equipment). The biggest changes were:  

• The introduction of an open scope. The new category 11 covers all products not captured in categories 1-10, unless they are specifically excluded.
• The definition of EEE. The original RoHS defined EEE as equipment which is dependent on electronic or electromagnetic fields to work properly. Now it specifies equipment which is dependent on electronic or electromagnetic fields to fulfil at least one of its intended functions.
• Four year exemption review periods have been replaced by automatic expiry of exemptions unless they are renewed. Categories 1-7 and 10 will be valid for a maximum of five year and 8,9 and 11 will be valid for seven years. Applications for renewal must be submitted at least 18 months before the expiry date.
• Equipment used solely for research and development purposes is out of scope.
• CE Mark obligations will apply to all products in the scope of RoHS when it enters force on the 2^ndJanuary 2013.
• Whilst no additional substances were added to the original six, four substances (HBCDD, BBP, DBP and DEHP) have been put forward for priority assessment with the view of adding them in the future.

  WEEE2 The second reading of the WEEE recast was voted through by the European Parliament in early 2012. Whilst the final text has not been available yet as the European Council need to finalise and publish in the Official Journal of the EU, the following details have been revealed by the European Parliament.  

• WEEE collection targets. By 2016 the majority of member states will have to collect 45 tonnes of e-waste for every 100 tonnes of EEE put on the market in the previous three years. By 2019 this will move to being 65% of EEE put on the market in the previous three years or 85% of WEEE generated (this is yet to be confirmed)
• Stepped collection targets are available for different member states. Ten member states which do not have sufficient waste infrastructures in place and need to improve will have a 40% target and may take until 2021 to reach their target.
• Small items of WEEE can be returned to larger electrical shops without the need to buy a new product to replace the one they are returning.
• Recycling rates of up to 80% will be required for some categories of EEE
• Illegal shipments will be made harder to achieve as the burden of proof moves from customs officials to those exporting and the requirements of proof are stricter.
• Registration and reporting requirements for producers will be simplified to make the process less onerous.

  So what will the future bring? It is inevitable that both RoHS and REACH will have their scopes extended, exemptions will be amended, the open scope will vastly increase the amount of products within scope and more and more substances will be added to both RoHS and REACH.

Victoria Jones is Legislation Marketing Manager at Farnell. http://www.element14.com/legislation