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Home > Government Relations > RoHS and WEEE Directives > RoHS & WEEE Directives - 2007 Updates

RoHS & WEEE Directives - 2007 Updates

Pease check back with us often! This page is updated when new information is released on the RoHs and WEEE Directives. The information comes from the U.S. Mission to the EU. For more extensive information on the RoHS and WEE Directives, feel free to visit http://www.buyusa.gov/europeanunion/weee.html.

December 7, 2007

The European Commission has launched a second public consultation on the review of the RoHS Directive. Meantime, the WEEE/RoHS web pages have been relaunched after an extensive re-structuring along thematic lines.

As always, feedback is welcomed on the WEEE/RoHS web pages.

RoHS Consultation

The European Commission has launched a second public consultation on the review of the RoHS Directive. U.S. companies are urged to contribute to this process, which the Mission regards as a genuine opportunity to affect significant and worthwhile improvements to the EU regulations.

The Commission’s consultation document can be downloaded at: http://ec.europa.eu/environment/waste/weee/pdf/2nd_consultation.pdf

New RoHS Exemptions – Background Study

For those U.S. companies interested in the exemptions process, a reading of the report by contractor Öko-Institut on the last batch of exemption requests is worthwhile. It provides a useful window into the process and the rationale behind the EU’s decisions in this area.

The report can be downloaded at: http://ec.europa.eu/environment/waste/weee/pdf/rohs.pdf

CEA Study

The Consumer Electronics Association (CEA) is undertaking a study on the costs of RoHS compliance that it hopes to provide to the EU in the context of the RoHS review. Companies may contribute to the study by taking a questionnaire. The web page for this is at: http://cearohs.questionpro.com/

U.S. Mission Web Site Re-Launch

The WEEE/RoHS web site has been relaunched. It is now organized along thematic lines, with separate sections for WEEE and RoHS. This supersedes the old structure, which was based on the origin of the information provided (EU, Department of Commerce, other sources).

November 14, 2007

Three new exemptions were adopted at the EU TAC’s September meeting. EU WEEE and RoHS enforcement authorities are beginning to step up activities. The European Commission’s review process for the WEEE and RoHS Directives is moving forward. The US Mission continues to regard this review process as a genuine opportunity to effect meaningful improvements in the two Directives and encourages US companies to provide input to the various studies and consultations.

RoHS Exemptions

The September meeting of the EU’s Technical Adaptation Committee (TAC) saw the Member States approve three new exemptions. Although the official text will not be published for a few more days or weeks, the Mission understands it to be:

“30. Cadmium alloys as electrical/mechanical solder joints to electrical conductors located directly on the voice coil in transducers used in high-powered loudspeakers with sound pressure levels of 100 dB (A) and more.

31. Lead in soldering materials in mercury free flat fluorescent lamps (which e.g. are used for liquid crystal displays, design or industrial lighting).

32. Lead oxide in seal frit used for making window assemblies for Argon and Krypton laser tubes.”

Separately, the UK hosted a workshop in October at which several Member State authorities brainstormed about ways to improve the RoHS exemptions process. This was reported to the full meeting of the TAC on November 12. The Member States hope the ideas generated can result in some “quick wins” that can be implemented in the short term, as well as some longer-term reforms that can be implemented in the context of the RoHS review.

WEEE & RoHS Review Studies

Ökopol Study in Producer Responsibility

Consultancy Ökopol’s study on the producer responsibility aspects of the WEEE and RoHS Directives has now been published on the European Commission’s web site. This study’s recommendations are likely to influence the legislative proposals that come out of the Commission in the coming months. The study is available at: http://ec.europa.eu/environment/waste/weee/pdf/final_rep_okopol.pdf

UNU Study on impact and implementation of WEEE

The UN University led a consortium that carried out a study looking at the following two aspects of WEEE:

The evaluation of the current implementation of the Directive in the EU Member States, with particular attention to the societal aspects of environmental, economic and social impacts of the WEEE Directive
Translation of the information gathered in step one into legislative and non-legislative options, in order to improve, further develop and simplify the WEEE Directive.
This study has now been published on the European Commission’s web site: http://ec.europa.eu/environment/waste/weee/pdf/final_rep_unu.pdf

Study on RoHS Exemptions

Article 5 of the RoHS Directive requires the European Commission to assess the need for continuing exemptions of certain applications of the banned substances from four years after their adoption. The US Mission to the EU understands that the Commission has selected consultancy Öko-Institut to carry out a study examining all existing and new RoHS exemptions. The Commission expects the work to be completed in 2008. Companies with an interest in a particular exemption are encouraged to contact the technical consultant to provide data supporting their positions.

Study on New Substances

Under Article 4 of the RoHS Directive, the European Commission is obliged to assess the need for possible new substance bans under RoHS. A study has been launched to provide the Commission with the data it needs to prepare a policy proposal (if any). The study will also examine the relationship between RoHS and the EU’s chemicals policy, REACH. This contract has also been awarded to consultancy Öko-Institut. Details can be found on that organization’s web site:
http://hse-rohs.oeko.info/

Enforcement Activity

Member States’ enforcement authorities have begun to step up their activities. The Nordic countries in particular have set up an interesting program of co-operation led by Sweden. This should show some results in December. A Danish investigation is looking into how companies comply with the Directives, which products are affected, and the benefits and drawbacks of the legislation. This should feed into internal strategy as well as input to the European Commission in the context of the review. The study will be completed in early 2008 and published on the Internet.
Some enforcement actions have been concluded. The ones of which the Mission is aware include the following:

Some fines have been levied in Sweden over non-compliance with WEEE reporting obligations.
In the UK, the RoHS enforcement body, NWML, has successfully concluded its first “prosecution” for noncompliance with RoHS. A British company settled out of court with NWML (without financial penalties) for breaches of the lead ban.
NWML has bought off-the-shelf products for testing, including some on the Internet.
Denmark has also concluded an enforcement action that resulted in the removal of disposable cameras from the market due to non-compliance.

European Commission Action Against Member States

The European Commission has taken legal action against eight EU countries for incorrect implementation of WEEE and RoHS rules. Full details are available at: http://www.europa.eu/rapid/pressReleasesAction.do?reference=IP/07/1513&format=HTML&aged=0&language=EN&guiLanguage=en

September 13, 2007

The US Mission wishes to clarify the political and institutional context of the Ecolas questionnaire on the costs of RoHS compliance being carried out on behalf of the European Commission’s DG Enterprise and provide an update on timings.

WEEE & RoHS

Ecolas Consultation

As reported earlier this year, the European Commission’s Directorate General (DG) for Enterprise has employed consultancies Ecolas and Risk & Policy Analysts to assist in gathering information on problems being encountered by stakeholders in the implementation of the WEEE and RoHS Directives.

The companies published some questionnaires in the Spring, which did not elicit levels of feedback that were deemed to be sufficient. The new deadline for comments is: September 30th, 2007.

US companies and trade associations are encouraged to provide feedback on the problems experienced with WEEE and RoHS, since the upcoming revision has the potential to improve the way these pieces of legislation work. The deadline for comment is tight, but information provided after that date will be of interest to the European Commission regardless.

This study has been commissioned by the Directorate General (DG) for Enterprise. While DG Environment takes the lead on WEEE and RoHS, DG Enterprise has been seeking to increase its role in this area, as part of its mission to promote better regulation and achievement of the EU’s competitiveness and economic growth objectives. DG Enterprise is very concerned with the experiences of companies in compliance. A successful Ecolas report for DG Enterprise, with well-documented evidence of the impacts we are hearing about anecdotally from US industry, could help improve these directives.

The documents are available at: http://www.buyusa.gov/europeanunion/weee_rohs_revisions.html. Although this is not a U.S. Government consultation, you should copy the Mission on your submissions, using this email address: Brussels.EC.Office.Box@mail.doc.gov. All information received will be treated as strictly businees confidential.

Study on New Substances

Under Article 4 of the RoHS Directive, the European Commission is obliged to assess the need for possible new substance bans under RoHS. A study will be launched imminently to provide the Commission with the data it needs to prepare a policy proposal (if any). The study will also examine the relationship between RoHS and the EU’s chemicals policy, REACH.

Study on RoHS Exemptions

Timing of RoHS Review

With the various studies and consultations still underway and planned, the review of the RoHS Directive is lagging behind that of the WEEE Directive. It is too early to say whether the WEEE review will be held up in order to coincide with the RoHS review. We expect the Commission to be ready for a public consultation on policy options for a new WEEE Directive during the Winter. A public consultation on draft RoHS proposals would not be held until mid- or late 2008. Please note that industry is free to comment on the revisions both in the context of the studies being carried out for the Commission and in the context of the Commission’s own public consultations

August 1, 2007 Update

Consultancy Ecolas has just published new versions of its RoHS consultation documents as part of the European Commission’s information gathering exercise preparing the revision of the WEEE and RoHS Directives.

WEEE & RoHS

EU Study on Economic and Environmental Impacts of WEEE & RoHS

As reported in May 2007, the European Commission has employed consultancies Ecolas and Risk & Policy Analysts to assist in gathering information on problems being encountered by stakeholders in the implementation of the WEEE and RoHS Directives. The companies published some questionnaires in the Spring, which did not elicit levels of feedback that were deemed to be sufficient. They have now issued new documents, with a new deadline for comment: September 30th, 2007.

US companies and trade associations are strongly encouraged to provide feedback on the problems experienced with WEEE and RoHS, since the upcoming revision has the potential to greatly improve the way these pieces of legislation work. The deadline for comment is tight, but information provided after that date will be of interest to the European Commission regardless.

The documents are available at: http://www.buyusa.gov/europeanunion/weee_rohs_revisions.html.

Although this is not a U.S. Government consultation, we encourage you to copy the Mission on your submissions, using this email address: Brussels.EC.Office.Box@mail.doc.gov. All information received will be treated as strictly confidential.

June 21, 2007 Update

The European Commission has launched a public consultation on a new set of RoHS exemption requests. In addition, it is now preparing to comply with its statutory obligations to assess the desirability of further substance bans under RoHS and to review the need for the existing RoHS exemptions.

As always, feedback is welcomed on the WEEE/RoHS web pages. Don’t hesitate to let the Mission know if you have better or newer information!

WEEE & RoHS

New (7th) Exemption Requests Consultation

The European Commission has launched a public consultation on a new batch of exemption requests. The requests listed are:

1. Lead in silver rings on the exterior lamp surface of induction-type fluorescent lamps;
2. Mercury in plasma displays;
3. Cadmium in Photocells for accurate control of lighting equipment;
4. Cadmium-based photo-resistors used in professional audio equipment;
5. RELOCK FUSE, Model X-09;
6. High voltage diodes in glass housings;
7. Cadmium and cadmium oxide in thick film pastes used on beryllium oxide
substrates.

US companies are encouraged to check the list to determine if the exemptions as requested would be helpful or not, and to submit comments and any supporting technical data to the European Commission via the Commission web page: http://ec.europa.eu/environment/waste/rohs_7_consult.htm

6th Exemptions Consultation Update

The 6th exemptions consultation, which closed in January this year, is still being digested by the independent consultant contracted to examine the requests and consultation feedback. The final report is due in October. There has been a number of withdrawals of requests. Further, there is a significant number of requests for which negative recommendation is likely, a much smaller number for which a positive recommendation is likely, and several remaining for which further investigation is needed before a recommendation can be made. The procedure after the recommendations come out in October may last several months; companies should not expect any decision on new exemptions from that package until early 2008.

Review of Existing Exemptions

Article 5 of the RoHS Directive requires the European Commission to assess the need for continuing exemptions of certain applications of the banned substances from four years after their adoption. The Commission will therefore soon be launching a public tender for a study to review the existing exemptions. The Commission expects the work to be carried out in 2008. It is not clear yet how the timing of this work will fit with the revision of the RoHS Directive, but in principle the revision of the exemptions could be part of that legislative procedure or could be carried out under the committee procedure that has been used for exemptions until now.

RoHS Enforcement

RoHS enforcement has begun. The US Mission to the EU has very little data about this (so any
experiences companies are having are of great interest), but so far at least six EU countries have gone beyond requesting evidence of due diligence and have tested products. Typically, they have started with testing using an XRF gun, and several have then sent products on to test labs for more scientific testing. The test standards used are currently uknown. A significant number of products have been found to be non-compliant, or suspected of being non-compliant. None of the companies concerned have yet been fined or otherwise penalized, however.

RoHS Consultation Results

Responses to the European Commission information-gathering exercise on the problems attached to the RoHS Directive (closed May 22nd) have been posted on the Commission’s web site. The Commission is currently preparing a summary that will be posted in due course.

WEEE/RoHS Simplification Workshop

The ongoing study being conducted on behalf of the European Commission on the simplification of the WEEE and RoHS Directives has reached the interim report stage. The Commission will be hosting a workshop with stakeholders on July 3rd to present the data gathered so far, identify needs for further data, and discuss policy options arising from the study. Attendance is by invitation; capacity is limited and the Commission is seeking to prioritize multipliers like trade associations. The US Mission will provide any feedback via a future update.

Study on Possible New Substance Bans

Under Article 4 of the RoHS Directive, the European Commission is obliged to assess
the need for possible new substance bans under RoHS. A study will shortly be
launched to provide the Commission with the data it needs to prepare a policy proposal
(if any). The study will also examine the relationship between RoHS and the EU’s
chemicals policy, REACH.

May 9, 2007 Update

Consultancies Ecolas and RPA have just published consultation documents as part of the European Commission’s information gathering exercise preparing the revision of the WEEE and RoHS Directives.

WEEE & RoHS

Next TAC Meeting

The next meeting of the EU committee that manages implementation of the WEEE and RoHS Directives will be held on June 20th. However, there will not be a vote on the latest round of RoHS exemptions at that time. The vote is expected to take place during the Summer.

EU Study on Economic and Environmental Impacts of WEEE & RoHS

The European Commission has employed consultancies Ecolas and Risk & Policy Analysts to assist in gathering information on problems being encountered by stakeholders in the implementation of the WEEE and RoHS Directives. The companies have published some questionnaires on which they would like feedback.

We strongly encourage US companies and trade associations to provide feedback on the problems experienced with WEEE and RoHS, since the upcoming revision has the potential to greatly improve the way these pieces of legislation work. The deadline for comment is tight (May 25th), but information provided after that date will be of interest to the European Commission regardless. The documents are available at: http://www.buyusa.gov/europeanunion/weee_rohs_revisions.html. We encourage you to copy the Mission on your submissions, using this email address: Brussels.EC.Office.Box@mail.doc.gov. All information received will be treated as strictly confidential.

REACH

Many of you may also have an interest in REACH, the EU’s new chemical regulation. The U.S. Mission to the EU is organizing two events to help U.S. companies understand REACH and prepare for compliance.
REACH Webinar - 24 May 2007, 11:00 am EST

A one and a half hour on-line presentation, followed by a Q&A session, by experts from the U.S. Mission to the EU and the law firm McKenna Long & Aldridge llp. Registration fee: $ 50. For more information and to register, please visit: https://emenuapps.ita.doc.gov/ePublic/newWebinarRegistration.jsp?SmartCode=7Q2N

REACH Seminar - Houston, Texas, 8 June 2007, 7:30 am - Noon

A program covering a regulatory overview, as well as legal, business and toxicological perspectives on REACH. Registration fee: $ 90.

To register, please contact Mr. Duaine Priestley, Tel: 281 449 9406, e-mail: duaine.priestley@mail.doc.gov

For more information on REACH, please see the REACH web pages. If you would like to be added to the REACH distribution list to be kept updated on REACH news, please email: brussels.EC.Office.Box@mail.doc.gov, putting “REACH mailing list” in the subject line.

March 30, 2007 Update

The European Commission has just published a public consultation on the revision of the RoHS Directive. The Foreign Commercial Service at the US Mission to the EU continues to seek evidence of RoHS enforcement actions in order to spread understanding to US industry of how they work.

WEEE & RoHS

No TAC Meeting Date

The European Commission does not have a date in mind for the next meeting of the TAC (the committee of Member State experts that co-ordinates implementation).

List of Contacts, Laws, & Registers

The European Commission has posted a useful list of country-level official contacts for WEEE and RoHS. This includes contact details for the government agencies that are responsible, plus links to the national law implementing the EU rules, and links to the national WEEE registers. This is available at: http://ec.europa.eu/environment/waste/weee/contacts_en.htm

Study on Economic Impacts of WEEE & RoHS

The European Commission has launched a major study aimed at assessing the RoHS Directive’s effects on the economy and the environment. Some details are available at:
http://ec.europa.eu/environment/waste/weee/pdf/tor_study_rohs-weee.pdf This document is not very legible, and is not yet accessible via the normal European Commission web pages. Further updates will be provided as relevant.

RoHS

Decision Tree

A group of European countries’ RoHS authorities calling itself the EU RoHS Competent Bodies Network has published a Manual of Decision on RoHS scope. The aim of the document is to help industry to accurately determine whether specific types of electrical and electronic equipment are covered by the RoHS regulations. It takes the form of a decision tree. Similar decision trees have been around for some time (e.g. the UK government’s own decision tree published at http://www.rohs.gov.uk/), but this is the first such tool that has received the backing of a significant number of countries. The Manual of Decision will shortly be available on the Mission's WEEE/RoHS web pages.

Enforcement

The Mission is not aware of any enforcement actions having been taken against any producers of EEE, regardless of nationality, since RoHS went live in July 2006. The Mission is very eager to hear about any such cases that come to your attention.

Consultation

The European Commission has published its first major consultation document preparing for the revision of the RoHS Directive. The Commission expects to present a proposal for a revised Directive in 2008. The consultation paper can be found at: http://ec.europa.eu/environment/waste/weee/pdf/review_2002_95_ec_directive.pdf
This will be the first in a series of steps leading towards a revised Directive, probably coming into force in 2011 or 2012. It is the ideal opportunity for US companies to tell the EU about their experience of RoHS. The Commission’s deadline for comments is May 22nd 2007.

It should be noted that the Commission is specifically asking for information as opposed to position papers. Essentially this means it will be most interested in statistics on such aspects as trade volumes, costs, benefits, etc. Any objective data is therefore welcome. However in practice, it will be difficult to separate facts from opinions. For example, if you wish to tell the Commission about the effect that the RoHS Directive as had on your sales in Europe, it will be natural to include analysis of what are the market or regulatory mechanisms that have caused the observed results. It is only a small step from there to expressing a view as to what can be done to improve the situation.

The topics that the Commission is particularly interested in are: scope (types of equipment covered), range of substances to be restricted/banned, definitions, enforcement, the exemptions criteria and process, and “technical” matters such as the relationship between the scopes of the WEEE and RoHS Directives, and the treatment of spare parts.
On RoHS exemptions, the Commission’s consultation paper mentions a wide range of aspects as potential topics for comment: procedural rules and timings, criteria for exemptions, effects on competition, innovation, and intellectual property, and possibly even the use of indicators.

As a reminder, the current exemptions process is as follows:

Stakeholder submits exemption request to the European Commission via its website.
When the European Commission has collected a number of requests that it deems are worth rolling into a package of requests, it launches a public consultation on those requests. The public consultations typically last a couple of months or so.
A consultant appointed by the Commission carries out a study and files a report, normally within 3 months.
The European Commission then considers the report and issues a proposal for a Decision (legislative text), for consideration by Member State experts and for comment by the European Parliament. There is no deadline for this step, but the Member State experts must be given at least 30 days' notice before they are required to vote.
Member State experts vote on the proposed Decision.
The Decision comes legally into force on publication in the EU's Official Journal (typically a few weeks after adoption).

In theory, the re-opening of a Directive via the normal legislative procedure is a no-holds-barred opportunity to effect changes; there are no restrictions on the amendments that can be proposed by the European Parliament or Member State governments, regardless of what the Commission proposes. This revision should therefore be seen as an opportunity to make your views heard on anything relating to the RoHS Directive that you would like to see changed. We encourage US industry to make its views known to the Commission by responding to the consultation. You are welcome to copy the Mission on your comments to the Commission. If you wish to do so, please use this email address: brussels.EC.Office.Box@mail.doc.gov.