F.A.Q.

Frequently Asked Questions

1. What is the legal base of the WEEE and RoHS Directives?

The WEEE Directive is based on Art. 175 of the Treaty. Member States may adopt more limited measures for environmental protection, as long as these measures are compliant with the Community legislation (such as the principle of the free movement of goods provided for in Art. 28-30 of the Treaty). Annex IA to the WEEE Directive contains a list of the categories falling under the competence of the directive, and Annex IB – a list of the products falling under these categories. Since this list is not exhaustive, if they decide so, Member States may also include in the national legislation other products implementing the WEEE Directive. The main purpose of the directive is to prevent WEEE generation, and also to promote the reuse, recycling and other means of recovery thereof in order to decrease the volume of disposed waste. Also, the goal of the Directive is to improve the environmental performances of all the agents involved in the life cycle of electrical and electronic equipment, for example manufacturers, distributors and consumers, and especially of all those involved in WEEE treatment.

RoHS Directive is based on Art. 95 of the Treaty. The purpose of this Directive is to harmonize Member States’ legislations on the restriction of the use of hazardous substances in EEE and to contribute to health protection and to the environmental-friendly recovery of waste electrical and electronic equipment.

2. What are the criteria for determining whether a product falls under the competence of the RoHS Directive?

Criteria for equipment subject to provisions of Directive 2002/95/EC (RoHS) Interpretation of Examples of products that do not fall under the competence of the RoHS Directive:

1 Equipment “which is dependent on electrical equipment or electromagnetic fields and equipment for the generation, transfer and measurement of such currents and fields” [ [RoHS Art. 3 (a)] For the purpose of this Directive, “dependent” means that such equipment needs electrical current or electromagnetic fields in order to work. In other words, electricity (not petrol or gas) is the primary energy. It also means that when the current is off, the device is not able to fulfil its basic (main) function. If the energy is only used for support and control functions, this type of equipment does not fall under the competence of Directive 2002/96/EC. – Piezoelectric ignition system – Ignition engine – Petrol-driven lawnmower – Pneumatic tools – Gas cooker with electrical clock – Teddy bear with battery

2 Equipment “designed for use with a voltage rating not exceeding 10000 V a.c. and 1500 V d.c.” [RoHS Art. 3 (a)]
-Piezoelectric ignition system (> 1500 V) – High voltage switchgear

3 This Directive also applies to electrical bulbs and luminaries in households [RoHS Art. 2.1]
– Medical equipment – Measurement and control equipment (categories 8 and 9 of the WEEE Directive)

4  Equipment which is not covered by “specific Community waste management legislation.” [RoHS Art. 2.2]
Car radios

5 Spare parts for the repair, or the reuse of electrical and electronic equipment placed on the market starting with July 1, 2006. [RoHS Art. 2.3] This Directive does not apply to spare parts for use in equipment placed on the market before 1/07/2006 with the purpose of extending the service life or developing the product.

6 Military equipment [DEEE Art. 2.3] Military equipment is excluded from the categories of Annex IA of the WEEE Directive, and therefore are not covered by the RoHS Directive. Arms, munitions, war material
The opinion of the Commission is that equipment that forms part of another type of equipment that does not fall within the scope of this Directive shall be excluded from the scope of the RoHS Directive. Therefore, the equipment that is specifically designed to be installed in airplanes, boats and other means of transport (including satellites) does not fall within the scope of the RoHS Directive.

3. What are the criteria for determining whether a product falls under the WEEE Directive?

Criteria for equipment be covered by Directive 2002/96/EC (WEEE); Interpretation; Examples of products not covered by the WEEE Directive
1 Equipment “which is dependent on electrical equipment or electromagnetic fields and equipment for the generation, transfer and measurement of such currents and fields” [WEEE Art. 3 (a)] “Dependent” means that such equipment needs electrical current or electromagnetic fields in order to work. In other words, electricity (not petrol or gas) is the primary energy.
It also means that when the current is off, the device is not able to fulfil its basic (main) function. If the energy is only used for support and control functions, this type of equipment does not fall under the competence of Directive 2002/96/EC.
Piezoelectric ignition system – Ignition engine – Petrol-driven lawnmower – Pneumatic tools – Gas cooker with electrical clock – Teddy bear with battery
2 Equipment “designed for use with a voltage rating not exceeding 10000 V a.c. and 1500 V d.c.” [RoHS Art. 3 (a)]
-Piezoelectric ignition system (> 1500 V) – High voltage switchgear
3 Equipment included “in the categories set out in Annex IA” [WEEE Art. 2.1 and Annex I]
Excluded from category 6: large stationary industrial tools “Large stationary industrial tools” are machines or systems consisting in a combination of equipment, systems, finished products and/or components, each of which designed to be used in industry only, permanently fixed and installed by professionals in a certain place, in an industrial machinery or in an industrial building to perform a respective task. These are not intended to be placed on the market as a single functional or commercial unit.1 – Oil platforms
- There is no general exemption for catering equipment. Criteria are not related to size, but to the capacity of the equipment to be fixed or not.
4 Equipment listed in Annex IB which “contains a list of the products included in the categories set out in Annex IA” [WEEE Art. 2.1 and Annex I B] At least the specific type of equipment mentioned in Annex IB is included in the scope of Directive 2002/96/EC. Household luminaries refer to all household luminaries
Explicitly excluded: – Household luminaries
- Filament lamps
5 Equipment which is not part of other equipment not covered by this Directive. [WEEE Art 2.1] With reference to Directive 89/336/EEC and to the official Guidelines for the implementation of the Directive, the decision criteria are “Finished product” or “Fixed installation”.
The equipment which is part of another type of equipment should not be deemed as a finished product. A finished product is any device or equipment that has a direct function, its own casing and, where applicable, ports and connections intended for end users. “Direct function” is defined as any function of a component or of a finished product which fulfils the intended purpose specified by the manufacturer, purpose specified in the instructions for use for the end user. This function can be available without adjustments or connections other than the simple ones which can be performed by any person. If the “other type of equipment” is a fixed installation it shall not fall within the scope of the WEEE Directive.
“Fixed installation”, in the broadest sense, is defined as “a combination of equipment, systems, finished products and/or components (hereinafter referred to as “parts”) assembled and/or erected by an assembler/installer
- Fixed installations like heating plants, industrial installations – Lifts
- Control and monitoring equipment used in petrol and gas driven electronic equipment: permanent measurement gauges in drilling plant
- Frequency converters: components fall within the scope of Directive 2002/96/EC only when they are part of a product included in the scope of the Directive. Inclusion or exclusion shall depend on the application of such components and should be evaluated from case to case.
- Car radios and other equipment
in a given place to operate together in an expected environment to perform a specific task, but not intended to be placed on the market as a single functional or commercial unit 2 designed for use in a product covered by Directive 2000/53/CE (ELV) on end of life vehicles – Radio Frequency Identification devices (RFID)3
6 Equipment which is not covered by “specific Community waste management legislation.” [WEEE Art. 2.2]
7 Equipment that is not manufactured for military purposes [WEEE Art. 2.3] This does not, however, apply to products not intended for military purposes. [WEEE Art 2.3] Arms, munitions, war material
1. Interpretations according to the Guidelines on the application of the Council Directive 89/336/EEC of May 3, 1989 on electromagnetic compatibility (Directive 89/336/EEC amended by Directives 91/263/EEC, 92/31/EEC, 93/68/EEC, 93/97/EEC) are available at http://europa.eu.int/comm/enterprise/electr_equipment/emc/guides/emcguide.htm, and the directives to be amended at http://europa.eu.int/comm/enterprise/electr_equipment/emc/revision/proposal.htm (3.7) According to this guide a “finished product” is any device or unit of equipment that has a direct function, its own casing, and, where applicable, ports and connections intended for end users. (3.8) “Direct function” is defined as any function of a component or finished product which fulfils the intended purpose specified by the manufacturer in the instructions for use for an end user. This function can be available without adjustments or connections other than the simple ones which can be performed by any person not very familiar to the EMC implications”. (6.5.2.1) “Fixed installation”, in the broadest sense, is defined as “a combination of equipment, systems, finished products and/or components (hereinafter referred to as “parts”) assembled and/or erected by an assembler/installer at a given place to operate together in an certain environment and to perform a specific task, but not intended to be placed on the market as a single functional or commercial unit.”
2. Interpretations according to the Guidelines on the application of the Council Directive 89/336/EEC of May 3, 1989 on electromagnetic compatibility (Directive 89/336/EEC amended by Directives 91/263/EEC, 92/31/EEC, 93/68/EEC, 93/97/EEC) are available at http://europa.eu.int/comm/enterprise/electr_equipment/emc/guides/emcguide.htm, and the directives to be amended at http://europa.eu.int/comm/enterprise/electr_equipment/emc/revision/proposal.htm (3.7) According to this guide a “finished product” is any device or unit of equipment that has a direct function, its own casing, and, where applicable, ports and connections intended for end users. (3.8) “Direct function” is defined as any function of a component or finished product which fulfils the intended purpose specified by the manufacturer in the instructions for use for an end user. This function can be available without adjustments or connections other than the simple ones which can be performed by any person not very familiar to the EMC implications”. (6.5.2.1) “Fixed installation”, in the broadest sense, is defined as “a combination of equipment, systems, finished products and/or components (hereinafter referred to as “parts”) assembled and/or erected by an assembler/installer at a given place to operate together in an certain environment and to perform a specific task, but not intended to be placed on the market as a single functional or commercial unit.”
3. Products labelled with the RFID marking on the packaging are excluded from scope of the WEEE Directive. If the marking is on the devices, they are covered by the WEEE Directive and, therefore, they should be recycled by the manufacturer.

4. Is my product covered by the WEEE and RoHS Directives?

This document provides criteria for determining whether a product falls within the scope of the Directive(s), but does not provide criteria on the categorisation of the products. This document can assist manufacturers is making this assessment.

However, the responsibility to determine whether a product falls within the scope of the two Directives is on the manufacturer who is the best places to assess the characteristics of the product. In case of doubt, manufacturers may check with the Member States authorities in charge for the enforcement of national legislations transposing the provisions of the WEEE and RoHS Directives.

It should also be noted that:

*the WEEE Directive is based on Article 175 of the EC Treaty, and therefore Member States have the right to include additional products in the scope of the national legislation implementing the obligations of the WEEE Directive, for reasons of environmental protection. However, such national measures should comply with the other primary EC Treaty provisions, such as the free movement of goods.

* the RoHS Directive is based on Article 95 of the EC Treaty, and therefore Member States do not have the competence to include additional products in the scope of the national legislation, without prior notification of such draft national legislation to the Commission pursuant to Article 95 (5) of the EC Treaty.

5. Is my product covered by one of the exemptions listed in the Annex to the RoHS Directive?

Exemptions are given for technical applications of prohibited substances rather than for electrical and electronic products as such.

The responsibility to determine whether a product falls within the scope of the two Directives is on the manufacturer who is the best places to assess the characteristics of the product. In case of doubt, manufacturers may check with the Member States authorities in charge for the enforcement of national legislations transposing the provisions of the WEEE and RoHS Directives.

The information on the scientific and technical background of the exemptions that can be used for the interpretation thereof is available in the following two studies: “Technical adaptation under Directive 2002/95/EC (RoHS) – Investigation of exemptions”, December 2004, and “Adaptation to scientific and technical progress under Directive 2002/95/EC, Interim Report, October 2005”. They are both available at: http://europa.eu.int/comm/environment/waste/weee_index.htm.

The final report on the “Adaptation to scientific and technical progress under Directive 2002/95/EC” shall be published in September 2006 “.

6. How can I ask for an exemption from the RoHS Directive?

The procedure for granting an exemption is long and, once granted, the exemption is valid for a maximum period of 4 years and is subject to a review pursuant to Article 5(1)(c) of the Directive.
The request for exemption has to be precise and refer to a specific application of the substances referred to in Art. 4(1) of the RoHS Directive and can only be considered if strictly fulfilling the requirements of Art. 5(1)(b) of the RoHS Directive.

Submitters have to provide the Commission with all technical evidence supporting their request. Art. 5(1)(b) of the RoHS Directive is the only criterion and guideline that can be used to justify a request for exemption.
Then the Commission submits the requests for exemption to a public stakeholder consultation pursuant to Art. 5(2) of the RoHS Directive for a minimum period of eight weeks. Previous consultations can be found at: http://europa.eu.int/comm/environment/waste/weee_index.htm.

Following the consultation the request is evaluated by an independent consultant. Based on the results of this review process, the Commission shall decide whether to submit a proposal for exemption to the vote of the Technical Adaptation Committee (TAC).

7. Are exemptions granted at the level of company, product or application?

Exemptions are granted for specific applications (and not to whole products) of the substances referred to in Art. 4(1) of the RoHS Directive. Therefore, whoever uses the substances in the specific application exempted from the RoHS Directive may benefit from the exemption.

8. Do WEEE and RoHS Directives apply to electrical and electronic products for professional use?

The WEEE Directive contains provisions that cover WEEE from households and WEEE from users other than private households. WEEE from private households refers to WEEE which comes from private households and from commercial, industrial, institutional and other sources which, by their nature and quantity, is similar to that from private households. For such reason, WEEE from other users than private households can be considered as all WEEE that is not defined as WEEE from private households.

Financing provisions in respect of WEEE from private households are set forth in Art. 8 whilst Art. 9 refers to WEEE from users other than private households. In addition, Art. 10(3) does not specifically limit the marking obligation to electrical and electronic equipment (EEE) for private households because in some cases it is difficult to distinguish between household and professional electrical and electronic equipment. Therefore, the marking obligation also applies to EEE for professional use.

The RoHS Directive does not make a distinction between household and professional EEE, so products for professional use are covered by the RoHS Directive.

9. Do the WEEE and the RoHS Directives apply to batteries?

(Please note that the bellow text refers to the agreement that the European Parliament and the Council reached within the Conciliation Committee on the new text of the Battery Directive. The new Battery Directive is expected to be adopted and published in the coming months).

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 batteries).

Batteries incorporated in WEEE shall be collected pursuant to the WEEE Directive. However, after collection pursuant to the WEEE Directive, they shall be removed from the electronic equipment (Annex II to the WEEE Directive) and they shall count for the collection targets of the Battery Directive. They also have to comply with the recycling requirements provided for by the Battery Directive.

A manufacturer of electrical and electronic equipment (appliance manufacturer) is also regarded as a battery manufacturer under the Battery Directive, if the appliance manufacturer places an appliance on the market with a battery inside. This is to ensure that there shall be a responsible manufacturer for all batteries placed on the Community market. However, Member States should avoid any double taxation of manufacturers in case batteries are collected with the appliance pursuant to the WEEE Directive.

10. Do the WEEE and RoHS Directives apply to ink cartridges?

Art. 3(a) of the WEEE Directive defines electrical and electronic equipment (EEE) as “equipment which is dependent on electrical equipment or electromagnetic fields and equipment for the generation, transfer and measurement of such currents and fields included in the categories set out in Annex IA and designed for use with a voltage rating not exceeding 1000 V a.c. and 1500 V d.c.” The WEEE Directive defines WEEE as “electrical or electronic equipment which is waste under Article 1(a) of Directive 75/442/EEC on waste, including all components, subassemblies and consumables which are part of the product at the time of disposal”. According to the definition of EEE, the printer is an EEE because it falls under Category 3 of Annex IB to the WEEE Directive.

If a printer is disposed, it becomes WEEE. This means that if an ink cartridge is inside a disposed printer, the cartridge becomes part of the WEEE because it is a consumable which is part of the printer at the time of the disposal. Article 4 of the WEEE Directive requires Member States to encourage the design and production of electrical and electronic equipment which takes into account and facilitates dismantling and recovery, in particular the reuse and recycling of WEEE, their components and materials. However, the cartridge itself does not fall under the definition of EEE, but it is considered to be a consumable.
Therefore the RoHS Directive does not apply to ink cartridges.

11. 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)?

Some electrical and electronic devices such as radios, CD players and navigation systems can be bought separately from 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).

Article 2(2) of the RoHS Directive states: “This Directive shall apply without prejudice to the Community legislation on safety and health requirements, and to the Community legislation on waste management”.

Therefore, if devices are not specifically designed to be used in vehicles, they fall within the scope of the RoHS Directive. If the devices are designed primarily for use in vehicles (such as car radios) then the ELV Directive applies.

12. Does the RoHS Directive apply to spare parts installed in new equipment?

The RoHS Directive provides that new electrical and electronic equipment placed on the market for the first time starting with July 1, 2006 should not contain lead, cadmium, mercury, hexavalent chromium, polybrominated biphenyls (PBB) or polybrominated diphenyl ethers (PBDE) (Article 4(1)). The Directive provides for two sets of derogations:

* the Directive does not apply to the applications listed in the Annex,
* the Directive does not apply to spare parts for the repair, or reuse of electrical and electronic equipment placed on the market before July 1, 2006 ( Article 2(3)). This is to allow old equipment to be maintained with spare parts and to ensure that old electrical and electronic equipment is reused. This derogation is explicitly limited to old equipment, namely that placed on the market before July 1, 2006.

Therefore, it is allowed to place on the market spare parts – containing hazardous substances – for the repair of old equipment (placed on the market before July 1, 2006), but not for the repair of new equipment (placed on the market after July 1, 2006). In fact, marketing spare parts containing prohibited substances for the repair of new equipment would prolong the existence of hazardous substances in the waste stream and hamper efforts to increase recycling.

13. Is the use of non-RoHS compliant material allowed for the development and/or modernization of electrical and electronic products placed on the market before July 1, 2006?

Basically, the use of non-RoHS compliant material in electrical and electronic equipment (EEE) products placed on the market before July 1, 2006 for the purpose of developing and/or modernizing is allowed provided that the EEE is not placed on the market as a new product. If after the development and/or modernization the EEE is placed on the market as a new product it should comply with the RoHS Directive.
However, if after development and/or modernization the EEE is placed on the market as a reused product, the RoHS Directive does not apply.

14. Does the substances prohibition under the RoHS Directive apply to the production process?

Pursuant to Article 4(1) of the RoHS Directive “Member States shall ensure that, from July 1, 2006, new electrical and electronic equipment placed on the market does not contain lead, mercury, cadmium, hexavalent chromium, polybrominated biphenyls (PBB) or polybrominated diphenyl ethers (PBDE). The national measures restricting or prohibiting the use of such substances in electrical and electronic equipment which were adopted in line with the Community legislation before the adoption of this Directive may be maintained until July 1, 2006.”
It is understood that the substance prohibition refers to the final product, and not the production process.

15. Does the substance prohibition under the RoHS Directive apply to products manufactured
for personal use?

The RoHS Directive applies only to products placed on the market. Products manufactured for personal use are excluded from the scope of the Directive. If subsequently put on the market they have to comply with the Directive.

16. Are Radio Frequency Identification (RFID) chips included in the scope of the WEEE and RoHS Directives?

Radio Frequency Identification (RFID) chips meet the EEE definition provided for in the WEEE and RoHS Directives and can be considered to fall under Category 3 “IT and telecommunication equipment”. RFID devices are covered by the RoHS Directive.

Concerning the WEEE Directive, if RFID marking is put on the packaging of the electrical and electronic equipment they do not fall within the scope of the Directive because they are part of a product that is not covered by the WEEE Directive. If the RFID marking is put on the EEE, the manufacturer of the equipment is responsible for recycling.

17. Are antennas, cables, fibre optics and waveguides covered by the WEEE and RoHS Directives?

Antennas and cables meet the definition of electrical and electronic equipment (EEE) provided for in the WEEE and RoHS Directives. The difference between electrical and fibre optics relates to the material, not to the function (electrical cables can be and have been used for the transmission of information, sound, image etc.). All cables inside and/or used as extensions or connections which are part of the equipment at the time of the disposal are considered WEEE. All cables used for fixed installations fall outside the scope of WEEE.

Masts and pylons do not meet the definition of EEE. If they are integrated into a fixed installation they are not considered WEEE. 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.

18. What does “infected products” mean?

The WEEE Directive applies to the categories listed under Annex IA to the Directive. Annex IB contains a non-exhaustive list of the products falling under such categories. Category 8 covers “medical devices with the exception of all implanted and infected products”. Infected products are understood to be products that have come into contact with blood or other biological contaminants prior to end-of-life.

19. What does “video games” mean?

“Video games” are included in Category 7, Annex IB to the WEEE Directive. Video games are to be interpreted in the sense of hardware equipment. The hardware equipment meets the definition of electrical and electronic equipment under the WEEE Directive. Software equipment (such as cards, CD-roms etc.) does not meet the definition of electronic equipment and can be considered as consumable.

20. What does “placed on the market” mean?

The phrase “placed on the market” in Article 10 (3) of the WEEE Directive and Article 4 (1) of the RoHS Directive refers to the initial action of making a product available for the first time on the Community market. This takes place when the product is transferred from the manufacturer to a distributor or end consumer or user on the Community market.
“Making a product available for the first time” refers to each individual part of equipment placed on the market after the date set for the substance restrictions (that is July 1, 2006), and not to the launch of a new product or product line. Moreover the concept of placing on the market refers to each individual product, not to a type of products, irrespective of whether it was manufactured as an individual unit or a series of products.

The same or a similar term is used in many directives, such as the internal market directives based on the New Approach and the Global Approach, where it is also understood as the first making available of a product on the Community market.

In order to assess whether a product has been placed on the market, it has to be determined on a case by case assessment whether the relevant action has led to the fact that the product is made available on the EU market for the first time. The Guide to the implementation of the directives based on the New Approach and the Global Approach clarifies the concept of “placing on the market” and provides further guidance for interpretation:

“Placing on the market is the initial action of making a product available for the first time on the Community market, with a view to distributing or using it in the Community. Making available can be either for payment or free of charge [...] A product is placed on the Community market when it is made available for the first time. This is considered to take place when a product is transferred from the stage of manufacture with the intention to distribute or use it on the Community market. […] The transfer of the product takes place either from the manufacturer or the manufacturer’s authorised representative in the Community, to the importer established in the Community or to the person responsible for distributing the product on the Community market. The transfer may also take place directly from the manufacturer or authorised representative in the Community, to the end consumer or user. The product is considered to be transferred when the physical hand-over or the transfer of ownership has taken place. This transfer can be for payment or free of charge, and it can be based on any type of legal instrument. Thus, a transfer of a product is considered to have taken place, for instance, by sale, loan, hire, leasing and gift”.

See http://europa.eu.int/comm/enterprise/newapproach/legislation/guide/legislation.htm.
Furthermore, products must be in compliance with the applicable new approach Directives, and other Community legislation, when they are placed on the market. Accordingly, new products manufactured in the Community and all products imported from third countries – whether new or used – should meet the provisions of the applicable directives when made available for the first time on the Community market.

21. Is the import of electrical and electronic equipment (EEE) deemed as an action of placing a product on the market?

Placing on the market is the initial action of making a product available for the first time on the Community market, with a view to distributing or using it in the Community. Hence, products are not considered to be placed on the market before they have entered the customs territory of the European Union.

As explained above, a product is considered to be made available on the EU market for the first time, when it is transferred from the stage of manufacture with the intention to distribute or use it on the Community market. Usually, in the case of a transfer of a product located outside the EU to a customer located inside the EU the product is usually made available on the EU market for the first time. Under certain circumstance however such a transfer does not lead to the fact that the product is already made available on the EU market. Page 18 of the Guide to the implementation of the Directives based on the New Approach and the Global Approach gives an indication of such cases:
“Placing on the market is considered not to take place where a product is:

* transferred to a manufacturer for further measures (for example assembling, packaging, processing or labelling);
* “not (yet) granted release for free circulation by the customs authority or is subject to another customs procedure (for example, transit, warehousing or temporary import) or is in a free zone;
* in the warehouse of the manufacturer or of the authorised representative thereof established in the Community, where the product is not yet made available”
When products are stored in the manufacturer’s warehouse, they are not yet made available on the market. Therefore, the transfer to get the product from the place where it is manufactured – whether outside or inside the European Union – to the manufacturer’s warehouse does not constitute placing on the market.
Placing on the market implies the transfer of the product from the stage of manufacture to the stage of distribution. The distribution chain can also be the commercial chain of the manufacturer or its authorised representative.

22. Are maximum concentration values set in the RoHS Directive?

By virtue of Article 5(1)(a), the Commission has adopted Decision 2005/618/EC4 whereby a maximum concentration value of 0.1% by weight in homogeneous materials for lead, mercury, hexavalent chromium, polybrominated biphenyls (PBB) and polybrominated diphenyl ethers (PBDE) and of 0.01% weight in homogeneous materials for cadmium shall be allowed.

Homogeneous material means a material that cannot be mechanically separated into different materials.

Definitions:

The term “homogeneous” means “of uniform composition throughout”. Examples of “homogeneous materials” are individual types of: plastics, ceramics, glass, metals, alloys, paper, board, resins and paints.
The term “mechanically separated” means that the materials can, in principle, be separated by mechanical actions such as: unscrewing, cutting, crushing, grinding and abrasive processes.

Examples:

* A plastic cover is a “homogeneous material” if it consists in one type of plastic that is not coated or does not have attached to it or inside it any other kinds of materials. In such case the limit values of the Directive apply to the plastic.
* An electrical cable that consists of metal wires surrounded by non-metallic insulation materials is an example of a “non-homogeneous material” because the different materials could be separated by mechanical processes. In such case the limit values of the Directive apply to each of the separated materials individually.
* A semiconductor package contains many homogeneous materials which include: plastic moulding material, tin-electroplating coatings on a lead frame, lead frame alloys and gold-bonding wires.

23. What certificate do I need to show RoHS compliance?

Pursuant to Article 4(1) of the RoHS Directive, Member States shall have to ensure that products placed on the EU market as from July 1, 2006 comply with the provisions of the Directive. The RoHS Directive does not refer to specific compliance procedures, certificates or testing methods to be used with a view to proving compliance. Therefore, Member States are fully responsible for setting compliance rules.

Member States are currently discussing possible approaches on compliance checking. For further information please contact the Member States authorities that are responsible for the enforcement of the national legislation implementing the provisions of the RoHS Directive.

24. Is there possible for companies to mark equipment with a label indicating the fact that the equipment is RoHS compliant?

Companies are free to mark their products on a voluntary basis, as long as this voluntary labelling does not violate primary or secondary EC legislation, such as the free movement of goods.

25. Is the reuse of appliances one of the targets?

The targets set in Article 7 of the WEEE Directive can be attained through the recovery, recycling and reuse of components, materials or substances and refer to WEEE sent for treatment. The reuse of whole equipment is not covered by these targets.

Treatment is defined in Article 3(h) as “any operation performed after the WEEE has been handed over to a facility for depollution, disassembly, shredding, recovery or preparation for disposal, as well as any other operation carried out for the recovery and/or the disposal of WEEE”. If the equipment is sorted for reuse before going into the treatment facility it is not covered by the targets. The general repair of the equipment is not considered to be treatment in the meaning of Article 3(h). However, the reuse of components is one of the Directive targets.