Relevant for: Electrical & electronics
The European Commission (EC) published the amendment to “RoHS 2” Directive1 on 21 November 2017. This amendment, Directive (EU) 2017/21022, clarifies the scope of RoHS 2, provides specifications for exemption conditions and maximum validity periods, as well as removes the deadline for the Commission to take a decision on exemption applications for exemption renewal. The amendment is effective from 11 December 2017 and all the Member States must adopt this Directive by 12 June 2019.
The following is a summary of the amendments:
1) Scope Clarification
- Removing Article 2 paragraph 2 on allowing EEE that was outside the scope of “RoHS 1” (Directive 2002/95/EC) but would not comply with RoHS 2 to continue to be made available on the market until 22 July 2019. This removal will allow non-compliant EEE existing on the market to be made available to secondary market operations (which involves repair, replacement of spare parts, refurbishment and reuse, and retrofitting).
- Pipe organs are now outside the scope of RoHS 2.
- The definition for “non-road mobile machinery made available exclusively for professional use” has been updated to include those machinery with on-board or external power source.
- Article 4 paragraph 3 on the scope of the EEE covered has been updated to include all other EEE that was outside the scope of RoHS 1 and which is placed on the market from 22 July 2019.
- Article 4 paragraph 4 on the list of EEE whose cables or spare parts for the repair, the reuse, the updating of functionalities or upgrading of capacity has been expanded to include all other EEE that was outside the scope of RoHS 1 and which is placed on the market before 22 July 2019.
2) Exemption Clarification
- Article 4 paragraph 5 on the conditions for the exemption of the reuse of spare parts recovered from EEE that takes place in auditable closed-loop business-to-business (B2B) return systems has been completely revised to provide clarity on the conditions for specific EEE categories.
- The calculation of maximum validity periods for the exemptions in Annex III has been clarified in Article 5 paragraph 2 second subparagraph. Category 11 EEE has been included also.
3) Deadline for Decision on Exemption Renewal
- An additional paragraph has been inserted in Article 5 paragraph 4(b) to obligate the EC to provide the applicant, the Member States and the European Parliament a timeline for the adoption of its decision on the application for the granting, renewing or revoking an exemption within 1 month of its receipt. Therefore, the previous obligation for the EC to decide on an application for renewal of an exemption no later than 6 months before the expiry date of the existing exemption has been deleted, and a realistic deadline for a decision should be included in the general review of RoHS 2 which is to be carried out by the EC by 22 July 2021.