Directive Decoder

A first reading approval on the proposed RoHS recast, while looking less likely, is not yet out of the question.

One further trialogue meeting will take place later in November between the EC, EP and Council of Ministers when they will try and agree on outstanding issues.

Items of discussion include that of an open scope (category 11 that will include all EEE not captured by categories 1 to 10 unless specifically excluded) and whether or not there will be further restricted substances and / or a proposed list of some 37 substances for priority assessment with a restriction in mind.

Agreement could well lead to a first reading approval this year and the revised scope of the RoHS Directive entering into force during 2013.

Failure to reach agreement will mean discussions put back until next year and a second reading approval with implementation pushed out until 2014.

Directive Decoder

Compromise was the name of the game at the final trialogue meeting on the proposed RoHS recast.

On the "open scope" issue (a product category 11 would cover all electrical and electronic equipment not captured in categories 1 to 10 unless specifically excluded) a compromise was reached with all products being covered eight years after entry into force.

Some Member States were opposed to an open scope, certainly without a full risk assessment, while Members of the European Parliament (MEPs) had called for the scope to be opened in three and a half years.

If you thought that progress was slow on the implementation of the so called "China RoHS Catalogue" first published in September 2009 but not yet in force, then now there is "China RoHS2" to consider.

A draft was published in July and now it is a question of which version of China RoHS will be taken forward and, if so, will the other be rejected (or amended) once and for all?

On 16 July 2010, the Ministry of Industry and Information Technology released the "draft measures for the pollution control of electrical and electronic product" the so called China RoHS2 for public consultation.

Among other things, the proposed measures would amend the coverage of products by modifying the definition from "electronic information product-EIP" to "electrical and electronic product-EEE".

Those who have been following my regular updates on the RoHS

recast will be interested to know that the European Parliament

has backed the first reading approval on the so called RoHS recast.

Environmental ministers are likely to support the deal when they meet in Brussels during December.

RoHS will become an open scope, but not for eight years after the recast is published in the Official Journal of the EU. Restrictions on six substances will be, at that point, extended to all types of electrical and electronic equipment (EEE) unless specifically excluded.

"Test Equipment" remains during 2014 with industrial test 2017.