The European Council adopted the revised Directive on the restriction of hazardous substances in electrical and electronic equipment (RoHS) on 27 May 2011.
The Commission proposed the recast of Directive 2002/95 in December 2008. The Council and the European Parliament (EP) agreed on the review at first reading under the Belgian presidency. The Council has now accepted all amendments proposed by the EP at its vote on 24 November 2010 (see our previous article European Parliament votes on RoHS recast) and ensured the definitive adoption of this law. The decision was taken without discussion at the Transport, Telecommunications and Energy Council, and the Bulgarian delegation abstained.
First adopted in 2003, RoHS banned six hazardous substances most commonly found in electrical and electronic equipments put on the EU market on or after 1 July 2006 including lead, mercury and cadmium. The review extends the scope of the ban, which now applies in principle to all electrical and electronic equipment (through the introduction of an eleventh category of equipment named "other") as well as to cables and spare parts. With a view to attaining EU targets for renewable energy and energy efficiency, and after the dedicated industry adopted a voluntary agreement for the recycling of such panels throughout the end of the French presidency, photovoltaic panels have finally been exempt. Similarly, energy-saving light bulbs have been temporarily exempted from the requirements of the Directive.
The new text provides for transitional periods for the inclusion of monitoring and control devices and medical devices, in vitro medical devices and industrial control appliances, which will fall within the scope of the RoHS ban in three, five and six years' time respectively.
The Commission stated that the RoHS provisions cover different forms (including nanoforms) of the substances which are currently banned and those which will be in the future subject to a priority review under RoHS.
The revised Directive also provides for regular reviews of the list of restricted substances by the Commission according to specified criteria, following which other substances in electrical and electronic equipments may be banned. All previously exempted applications of the banned substances remain in force. Finally, the new Directive introduces CE marking for equipment compliant with RoHS.
The revised act will enter into force shortly after its publication in the Official Journal and will be transposed into national law within 18 months of its publication.
