RoHS Directive 2011/65/EU (RoHS II) FAQ consultation: BEAMA comments 14 September 2012.

Page / Question No. / Question / Comment / Recommended change
4 & 5 / Foreword
and 1.1 / Ongoing impact assessment.
What was the intention behind the recast? / The foreword mentions an ongoing impact assessment which may or may not result in further changes, without an explanation.
Question 1 gives a full explanation of the recast without explaining the difference between a recast and a revision.
Both are frequently asked quns and could both be addressed by revisions to answer 1.1. / Add at beginning of answer 1.1
“The recast procedure is essentially a revision to improve the functioning of a measure without change to its fundamentals. “
At end of answer add:
“An impact assessment was launched following the inclusion of scope change in the recast issues, which may lead to further changes. “
6 / 1.3 / When do the new provisions of RoHS 2 apply? / According to Annex I of RoHS II, Industrial monitoring and control instruments are included in Category 9. / Add
“Category 9 (industrial monitoring and control instruments)” to third box in diagram.
6 / 1.3 / “ / “The requirements for CE marking and Declaration of Conformity are effective from 2nd January 2013”
This seems to be stating that, irrespective of the date at which the material restrictions apply, ALL in-scope EEE shall bear the CE mark in respect of RoHS II from 2 January 2013. However, according to Q9.4, Q9.7, the CE marking requirements only apply when the material restrictions apply. / Add following text to end of sentence: ’and shall apply to product within a given category from the date when the substance restrictions apply.’
6 / 1.3 / Foot Note 4 / BEAMA members find the text wholly unacceptable.
The RoHS recast directive is based on Article 114 of the Treaty on the functioning of the European Union (Lisbon Treaty) and therefore aims at harmonising the legislation of member states in the area of restricting the use of certain hazardous substances in Electrical and Electronic Equipment.
(Both RoHS and the ROHS 2 are single market Directives)
The footnote appears contrary to this principle and allows for differing views on scope. This note appears to deliberately implement a provision to allow different interpretations (or misinterpretations) to continue.
In our view the Commission should not be conceding this point but should be taking action to recover the situation. / Delete the footnote.
7 / 1.6 / Are batteries within the scope of RoHS? / The answer should begin with "No". (The purpose of the FAQ's is to give clear answers). / Add “NO”
8 / 2.1 / What does ”Without prejudice to Article 4(3) and 4(4), Member States shall provide that EEE that was outside the scope of Directive 2002/95/EC, but which would not comply with this Directive, may nevertheless continue to be made available on the market until 22 July 2019” mean? / Article 2.2 has become a Policy issue and is now being handled separately outside of the FAQ’s.
We advocate that all FAQ’s referring to Article 2.2. should be removed from the FAQ as they will become irrelevant until a solution on the ‘hard stop’ issue is agreed / Remove
9 / 2.2 / What does “making available on the market” mean in this context? (Articles 2(2), 3(11), 3(12)) / As Above / Remove
9 / 2.3 / Which products benefit from this provision? (Articles 2(2), 2(1), 3(1), 3(2), 4(3), 4(4))
Footnote 8 / See comment question 1.3 (footnote 4) / Remove
9 / 3.1 / What are "large-scale stationary industrial tools" and "large-scale fixed installations"? (Articles 2(4)(d) and 2(4)(e)) / With a definition of LSFI as provided here BEAMA members say they would rather be without one. This definition adds further confusion rather than clarifies the situation for electrical installation designers.
Members however believe that this remains an issue and that certain fixed installation products should be out of scope. We are extremely concerned because of the causal link to the WEEE recast. (extremely large tonnages of equipment, with a very small EE element will be placed on the market, that have a long (>20 year) residency time in service. This will make WEEE target hard to achieve and push up costs. / None
It could usefully be stated that :
“Simply mounting an item of EEE in a building is not sufficient tobe deemed an installation.“
12 / 3.2 / Does the LSSIT/LSFI scope exclusion also cover equipment such as industrial monitoring and control instruments? / The answer should begin with "No, unless the industrial monitoring and control instruments are specifically designed, and are to be installed, as part of the LSSIT/LSFI". (The purpose of the FAQ's is to give clear answers).
The information relating to WEEE is both unnecessary and confusing - the response should only address RoHS. / Add ‘No’
Remove reference to WEEE
13 / 3.3 / Who is responsible for items that are to be used in LSSIT/LSFI / There are no obligations on the installer in the legal text, and obligations on him should not therefore be inferred from it.
Only if the installer is also the end distributor does he bear any verification responsibilities. All compliance responsibilities continue to fall to the mfr. / Remove or clarify.
14 / 4.3 / Are EEE built into buildings outside of scope? / Wholly disagree – this is yet to be proven.
The relevant question is what the installation comprises, not whether some or all of the installation are located within a building, or are physically located in some other place.
On the basis that EEE built into a building could be out of scope (in the case of LSFI) then this question seems erroneous and indeed unnecessary.
We await the scope impact assessment.
15 / 4.5 / If EEE has multiple uses of which one is in the scope of RoHS 2, does the EEE have to comply”? / Incomplete / confused sentences. / Correct sentences.
15 / 4.6 / Can multiple use EEE that is non-compliant be sold for the use in excluded products? / Disagree with "all the possible uses of the equipment"
The manufacturer is only responsible for the "intended use" - Q4.5 already states "The term ‘intended use’ is explained in the Blue Guide." Manufacturers cannot be held responsible for ‘unforeseen uses’. / Replace ‘all the possible uses of the equipment’ with ‘intended uses’
Add ‘and communicating this to the buyer/recipient.’
15, 16, &
17 / 5.1 - 5.6 / Replace whole section on cables as it is confusing; - Use text from commission statement of 25 May 2011.
1)Article 4(1) of the RoHS 2 Directive (2011/65/EU) sets specific new provisions for cables placed on the market:
2)Article 4(1): Member States shall ensure that EEE placed on the market, including cables and spare parts for its repair, its reuse, updating of its functionalities or upgrading of its capacity, does not contain the substances listed in Annex II.
3)Cables are defined by Article 3(5):
Article 3(5): “cables” means all cables with a rated voltage of less than 250 volts that serve as a connection or an extension to connect EEE to the electrical outlet or to connect two or more EEE to each other.
Members concur with the interpretation given by the European Commission in the “Commission Statement on the scope (Article 2(2))” of 25 May 2011, which states:
“The Commission interprets Article 2.2 as meaning that electrical and electronic equipment which was outside the scope of Directive 2002/95/EC, but which would be covered by the new Directive, does not need to comply with the requirements of this Directive during a transitional period of eight years. EEE which was outside the scope of Directive 2002/95/EC, but which would be covered by the new Directive, includes among others EEE covered by:
“cables” mentioned in Article 4 and the related definition in Article 3(5)
Cables, as defined in Article 3(5), and which are placed on the market separately, therefore only need to comply with the requirements of the RoHS 2 Directive from 22 July 2019 (transitional period of eight years).
This date applies to the substance restrictions and all associated administrative requirements including the Declaration of Conformity (DoC) and the CE marking of cables.
Cables, as defined in Article 3(5), and which are placed on the market separately, therefore only need to comply with the requirements of the RoHS 2 Directive from 22 July 2019 (transitional period of eight years).
This date applies to the substance restrictions and all associated administrative requirements including the Declaration of Conformity (DoC) and the CE marking of cables.”
From which it is logical to conclude that::
17 / 5.6
Foot note 12 /
  • Cables, as defined in Article 3(5), and which are placed on the market separately, only need to comply with the requirements of the RoHS 2 Directive from 22 July 2019.
  • Internal wiring contained within or integral to EEE does not meet the definition of “cables” given in Article 3(5). Such wiring is part of the EEE and must therefore meet the substance restrictions that apply to the EEE itself.
  • If a cable is supplied together with or connected to an EEE then the DoC and CE marking of the EEE can also cover the cable that is supplied together with or connected to the EEE.
Refer to Answer to 1.3 above
18,
19 / 7.3 / How do I decide which category of EEE a product falls in? / We deduce that it is to be left to the manufacturers to make a decision as to what category their products fall in to and that they should exercise due diligence in reaching, and to support in the event of challenge, that decision. Also that products can be new to ROHS and fall within Cats 1,2,3,4,5,6,7,&10 and because of ‘new’ to RoHS will not have to comply until 22nd July 2019.
However in advising the manufacturer take advice from the competent body in each country where his product will be on sale, there is once more the suggestion that member states are free to take different views and the manufacturer must make the necessary accommodations.
This all seems a bit unnecessary. Equipment new to scope should fall in Cat 11, for the sake of clarity and avoidance of confusion in the market place. / Replace with
All equipment new to scope falls in Cat 11.
Failing that,
Products new to RoHS can fall into Cats 1,2,3,4,5,6,7,&10, as well as 11, and because of ‘new’ to RoHS will not have to comply until 22nd July 2019. The manufacturer to decide, after taking appropriate advice in each member state in which he operates.
19 / 7.6 / Are electric boards in scope? / Disagree with the statement: "Both the board in itself and the modules placed upon it are usually standard equipment that are within the scope of RoHS 2." - both are components and notfinished EEE.
What is the difference between a "bare card" and "the board itself" (which are both in the scope) and an "empty card" (which is not finished EEE)?
Why is this necessary – A definition of EEE is provided and a better answer to tackle ‘finished equipment’, ‘spares’ and ‘components’ could be provided. / Replace with “only finished EEE are within the scope of RoHS. An empty card and components for mounting on that card are all components.
19 / 7.7 / Are fuse boxes in scope? / A non-populated fuse box (i.e. a moulded box with no bussbar or components) does not fit the definition of EEE and would therefore fall out of scope. / None
20 / 7.10 / How should “professional use” be interpreted? Does it apply only at the first placing on the market, or also at later stages? / The first paragraph of the answer seems unnecessary and complicates what could be a simpler answer.
Second paragraph alone provides a clearer answer. / Delete first paragraph
21 / 8.3 / The manufacturer will supply RoHS compliant (with the limits) spare parts; however there is a generic spare parts industry/market which could see RoHS compliant product compromised later. (Mix and match is a problem which goes beyond RoHS).
22 / 9.1
(and 9.2) / What is the NLF? / The NLF does not cover only industrial products.
However, general questions explaining the NLF per se should be left to the blue guide, rather than in individual directives’ guidance, to avoid inconsistencies such as the above example) and also here distract from the main purpose of this guide. / Delete “industrial” from line beginning, “Overall ....”
23 / 9.3 / What do I need to include in my Technical Documentation? / Add reference number of the finished CENELEC standard.
23 / 9.4 / How do I handle the transition to CE marking? / There should be a supplementary comment to this answer clarifying the situation and dates for items already in the scope of RoHS 1. / Expand answer to cover items already in scope of RoHS
23 / 9.7 / Do I need to CE mark and have a DoC for RoHS 2 for equipment in categories 8 and 9 and other equipment newly entering the scope before the substance restrictions apply? / This answer should start with ‘NO’ / Start with “No”
23 / 9.8 / How do I know if a product is already compliant with the substance restrictions, if the transition period is still ongoing? / IMPORTANT - This answer is misleading. It may not be found in the DoC.
Although manufacturers are permitted to update a DOC for EEE whilst it is in the transitional stage, they are not obligated to do so. Therefore manufactures do not have to place such information on a DOC until the obligated deadline. The only true way to determine whether EEE is RoHS compliant whilst in the transition period is to ask the manufacturer
We would wish to discourage this question altogether, as products should have free market access when placed on the market prior to its compliance deadline. Questions on ROHS compliance are not applicable until that time.
24 / 9.11 / If RoHS 2 applies to a whole product, should I prepare a DoC and CE related technical documentation for the non-EEE part? / Accessories despatched with an in-scope product, but not connected to it, do not need to be separately CE marked.
e.g. a switch module with a clip on plastic front plate.
Only the module need be CE marked in the future – not the front plate. / The answer should start with “No”
24 / 9.13 / What does a CE mark on EEE mean with regard to the restricted substances? / IMPORTANT
"From 2nd January 2013 EEE in scope that bears a CE marking is presumed to be in conformity with the requirements of RoHS 2 ..."
Not true - Different dates apply for Cats. 8, 9 and 11 as well as anything new to ROHS 2 in all other categories.
This statement needs to make clear that it refers only to ‘In scope’ product, at a particular point in time. / Add a time reference to the wording of this paragraph and emphasise it applies only to ‘In scope’ products
e.g.
From 2nd January 2013 in scope EEE, placed on the market after the date at which material restrictions apply, and that bears a CE marking is presumed to be in conformity with the requirements of RoHS 2 ..."
25 / 10.1 / What is the difference between RoHS 1 and RoHS 2 regarding requirements for exemption? / The dates given in the table only apply to exemptions that were included in 2011/65/EU - the expiry date for exemptions added after this date is either 5/7 years from when the exemption is added. / Add sentence to make clear that any new exemptions remain valid for either 5/7 years from the date an exemption is granted.
27 / 10.4 / How will recent exemptions granted under RoHS 1 apply to ROHS 2? / How is this being done and when?
Hopefully by the time of publication of the FAQ, orvery soon afterwards, all existing exemptions should be ‘carried’ over.
This is surely a technicality and an administrative process and does not warrant an FAQ?
27 / 10.5 / Does the exclusion granted by Article 4(4)(f) apply to all expired exemptions, irrespective of whether or not the text in Annex III or IV explicitly confirms this point? / This answer appears to contradict the wording of Article 4)4)(f) of the directive / Review answer to ensure it is correct, and clear.
1 / New / Do the material restrictions referred to in Article 4(1) apply to post consumer recycled materials where used in EEE? / Members believe that the ROHS II regulations will impact a significant amount of new EEE products items that, do now, or could in the future, make use of post consumer recycled materials.
We feel that this is a policy issue that has been overlooked. / Add new question
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