RoHS II gathers momentum

The new European RoHS directive is expected to cover all but a very few instances of Electrical and Electronic Equipment (EEE). Annex I of the directive introduces a new product category - ‘other electrical and electronic equipment not covered by any of the categories 1-10’. A number of existing product exemptions are also to be gradually phased out, including industrial control and monitoring devices and instruments.

In its current draft form, RoHS II exempts various types of EEE including war materials specifically for military use; large-scale stationary industrial tools; large-scale fixed installations; photovoltaic panels intended for use in professionally designed, assembled and installed systems for the production of energy from solar light for public, commercial, industrial or residential use; and equipment designed solely for the purposes of research and development.

RoHS II introduces no new restricted substances. However, it does introduce a simplified mechanism for the review and amendment of the restricted substances list in the future. Substances highlighted for future review include various nanomaterials.

RoHS II is set to become a CE Mark directive, which means that CE marking will be affixed to all finished products. With CE marking, the responsibility is to be shared between manufacturers and importers and distributors. CE declaration remains the manufacturer’s obligation, while the release of compliant products onto the market becomes the responsibility of importers and distributors. The CE mark will now not only mean that an electrical or electronic product complies with all applicable regulations - for example, the low voltage directive or the electromagnetic compatibility requirement - the CE mark will also mean compliance with RoHS.

Thus, product compliance and conformity assessment will now include the obligation to comply with RoHS. If RoHS compliance is not assured, the application of the CE mark will violate EU law.