Q1.1. What is the legal base of the RoHS Directive?
A1.1. The RoHS Directive is based on Article 95 of the Treaty. The purpose of this Directive is to approximate the laws of the Member States on restrictions of the use of hazardous substances in electrical and electronic equipment, and to contribute to the protection of human health and the environmentally sound recovery and disposal of waste electrical and electronic equipment.
Q1.2. What are the criteria for determining whether a product falls under the RoHS Directive?
A1.2. Criteria for equipment considered to be covered by RoHS Directive as below:
- Equipment, “which is dependent on electric current or electromagnetic fields in order to work properly, and equipment for the generation, transfer and measurement of such currents and fields”
- Equipment which is “designed for use with a voltage rating not exceeding 1000 Volt for alternating current and 1500 Volt for direct current”
- Additionally included are electric light-bulbs and luminairies in households
- Equipment which is not covered by “specific Community waste management legislation.”
- Spare parts for the repair, or the reuse, of electrical and electronic equipment put on the market from 1 July 2006
- Military equipment
Q1.3. Is my product covered by the RoHS Directive?
A1.3. This FAQ document provides criteria for determining whether a product falls under the scope of the RoHS Directive and does not provide criteria on the categorisation of the products. The document can assist producers in making this assessment. However, the onus to determine if a product falls within the scope of the RoHS Directive is on the producer who is the person best placed to assess the characteristics of his product.
Q1.4. Is my product covered by one of the exemptions listed in the Annex to the RoHS Directive?
A1.4. Exemptions are given for technical applications of the banned substances rather than for electrical or electronic products as such. The onus to determine if a specific application is covered by the exemptions listed in the Annex to the RoHS Directive is on the producer who is the person best placed to assess the characteristics of his product.
Q1.5. How can I ask for an exemption from the RoHS Directive?
A1.5. The procedure for the granting an exemption is long and when granted, the exemption is valid for a maximum period of four years and subject to a review pursuant to Article 5(1)(c) of the Directive.
Submitters have to provide to the Commission all technical evidence supporting their request. Then the Commission submits the requests for exemptions to a public stakeholder consultation pursuant to Article 5(2) of the RoHS Directive, for a minimum period of eight weeks. On the basis of the results of this review process, the Commission will decide if to present a proposal for exemptions to the Technical Adaptation Committee (TAC) for vote.
Q1.6. Are exemptions granted per company, product or application?
A1.6. Exemptions are granted for specific applications (and not to whole products) of the substances referred to in Article 4(1) of the RoHS Directive. Therefore, whoever uses the substances in the specific application exempted from the RoHS can benefit from the exemption.
Q1.7. Do the RoHS Directive apply to electrical and electronic products for professional use?
A1.7. The RoHS Directive does not differentiate between households or professional EEE, so products for professional use are covered by the RoHS Directive.
Q1.8. Do the RoHS Directive apply to batteries?
A1.8. The Battery Directive and the RoHS Directive have similar substance restrictions. The RoHS Directives restricts to use of heavy metals, such as mercury and cadmium in electrical and electronic equipment, but does not apply to batteries. The Battery Directive restricts the use of mercury and cadmium in batteries (the cadmium restriction only applies to portable battery applications).
Q1.9. Do the RoHS Directive apply to ink cartridges?
A1.9. The cartridge itself does not fall under the definition of EEE, but is considered to be a consumable. Therefore the RoHS Directive does not apply to ink cartridges.
Q1.10. Do electrical or electronic devices such as car radios fall under the RoHS Directive or under Directive 2000/53/EC on end of life vehicles (ELV)?
A1.10. Some electrical and electronic devices such as radios, CD players and navigation systems can be bought separately in repair shops, supermarkets or specialized shops and installed and used in vehicles. The question is whether these devices are subject to the RoHS Directive or to Directive 2000/53/EC on end-of-life vehicles (ELV). Therefore, if devices are not specifically designed to be used in vehicles, those devices would be covered by the RoHS Directive. If the devices are designed primarily for use in vehicles (such as car radios) then the ELV Directive applies.
Q1.11. Does the RoHS Directive apply to spare parts installed in new equipment?
A1.11. It is permissible to put on the market spare parts - containing the hazardous substances - for the repair of old equipment (put on the market before 1 July 2006), but not to repair new equipment (put on the market after 1 July 2006). In fact, the marketing of spare parts containing banned substances for the repair of new equipment would prolong the existence of hazardous substances in the waste stream and hamper efforts to increase recycling.
Q1.12. Is the use of non-RoHS compliant material allowed for capacity expansion and/or upgrade in electrical and electronic products put on the market before 1 July 2006?
A1.12. The use of non-RoHS compliant material in electrical and electronic equipment (EEE) products put on the market before 1 July 2006 for the purposes of capacity expansion and/or upgrade is allowed in principle provided that the EEE is not put on the market as a new product. If after the capacity expansion and/or upgrade the EEE is put on the market as a new product it should comply with the RoHS directive. However, if after capacity expansion and/or upgrade the EEE is put on the market as a reused product, the RoHS Directive does not apply.
Q1.13. Does the substance ban under the RoHS Directive apply to the production process?
A1.13. It is understood that the substance ban refers to the final product and not the production process.
Q1.14. Does the substance ban under the RoHS Directive apply to products built for own use?
A1.14. The RoHS Directive applies only to products that are put on the market. Products manufactured for own use are excluded from the scope of the Directive. If, subsequently put on the market, they have to comply with the Directive.
Q1.15. Are Radio Frequency Identification (RFID) chips included in the scope of the RoHS Directive?
A1.15. RFIDs meet the definition of electrical and electronic equipment provided for in the WEEE and RoHS Directives and can be considered to fall under Category 3 “IT and telecommunication equipment”. RFIDs are covered by the RoHS Directive.
Q1.16. Are antennas, cables, fiber optics and waveguides covered by the RoHS Directive?
A1.16. Antennas and cables meet the definition of electrical and electronic equipment (EEE) under the RoHS Directive. Masts and pylons do not meet the definition of EEE. Modular cabling systems for voice, data and video applications fall under Category 3 “IT and telecommunication equipment” of the WEEE Directive and are covered by the RoHS Directive.
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