Commercial Information Circulars

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Ref : Sub-file(A) to EIC 230/2/11

19 April 2007

Dear Sirs,

Commercial Information Circular No. 170/2007

European Union (EU)* : Review of the Directive on the Restriction of the Use of Certain Hazardous Substances in Electrical and Electronic Equipment (RoHS)

Further to Commercial Information Circular No. 427/2006 of 31 October 2006, the European Commission (the Commission) has started the review process of the Directive 2002/95/EC on the Restriction of the Use of Certain Hazardous Substances in Electrical and Electronic Equipment (the RoHS Directive) and is now inviting inputs from stakeholders.

DETAILS

2. According to Article 6 of the RoHS Directive, the Commission shall review the measures provided for in the Directive taking into account, as necessary, new scientific evidence, in particular with regard to the inclusion of additional categories of equipment in the scope and the adaptation of the list of restricted substances. Details of the review are set out in paper which can be accessed through the following link: http://ec.europa.eu/environment/waste/weee/pdf/review_2002_95_ec_directive.pdf

3. To maintain a transparent consultation process, the Commission is now inviting inputs from stakeholders, particularly on the following identified topics:

1. Product groups to be included

The RoHS Directive currently covers all categories of electrical and electronic equipment in the Directive on Waste Electrical and Electronic Equipment (WEEE Directive), except those equipment under categories 8 (i.e. medical devices) and 9 (i.e. monitoring and control instruments like smoke detector, heat regulators, thermostats, etc.). Whether or not categories 8 and 9 should be covered by the RoHS Directive will be examined.

2. Substances covered

The Commission shall study the need to adapt the list of restricted substances under the RoHS Directive** , on the basis of scientific facts and the precautionary principle. At this moment, no additional substances are under consideration for inclusion.

3. Technical changes to the scope of the Directive

The review will examine whether the separation of the RoHS from the WEEE scope will prevent significant inconsistencies and administrative cost. It will also study the feasibility of applying some WEEE provisions to the RoHS, the "repair as produced principle" and the treatment of EEE "spare parts".

4. Definitions

The need for clarification of certain concepts in the Directive, such as "putting on the market", "electrical and electronic equipment", "spare parts", etc.

5. Facilitating implementation

The review will also study the feasibility of a harmonised approach for checking the compliance of electrical and electronic products and evaluate the current mechanism for modification of the exemption list.

4. The Commission would like to receive studies and evaluations which allow them to analyse the full costs and benefits of the provisions of the RoHS Directive, and the potential changes in the operation of the Directive. Review topics in addition to the above are also welcomed but the problem that needs to be solved accompanied by supporting factual information must be provided.

5. Inputs should be submitted to the Commission by e-mail at ENV-ROHS-DIRECTIVE-REVIEW@ec.europa.eu by 22 May 2007. A legislative proposal, if appropriate, may be presented in 2008.

ENQUIRIES

6. For enquiries concerning the contents of this circular, please contact the undersigned at telephone number 2398 5500.

Yours faithfully,

(K H NG)
for Director-General of Trade and Industry

* The EU includes Austria, Belgium, Bulgaria, Cyprus, the Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Ireland, Italy, Latvia, Lithuania, Luxembourg, Malta, the Netherlands, Poland, Portugal, Romania, the Slovak Republic, Slovenia, Spain, Sweden and the United Kingdom.

** Currently there are six substances on the list including lead, mercury, cadmium, hexavalent chromium, polybrominated biphenyls (PBB) and polybrominated diphenyls ethers (PDBE).