One topic that was the subject of much debate was the decision of UK enforcement authority NWML to consider Semiconductor Evaluation Boards as within the scope of EU RoHS. Their website states:
The term "Evaluation Boards" covers a broad range of products from those that are fairly simple through to fully integrated complex systems. In most cases an evaluation board is effectively a single board computer allowing connection of peripherals and / or input devices to facilitate the programming and testing of chips. Therefore, most evaluation boards are included under Category 3 -IT Equipment- of the WEEE Directive and must comply with RoHS.
Fair enough although it did catch some manufacturers out.

So what about electronic kits for self assembly?
I was having a chat about this with my good friend, and global RoHS expert, Paul Goodman at ERA Technology.
He felt that it depended on the function of the parts and who does the assembly.
Thinking this through, if assembly is carried out by anyone other than the user, then the status will depend on the function of the assembled product. Clearly, if parts are sold to the user, each part needs to be assessed, not the assembled product. This is because the EU RoHS Directive applies to "finished products" that are "Put Onto The Market". POTM is defined by the "Blue Guide" which says that a product has NOT been POTM if further assembly work is required.

Drop me a line if your business is involved with either semicondutor evaluation boards or electronic kits for self assembly.

Directive Decoder

In a couple of months time the media will be full of "RoHS A Year On" features.
Thought I would get in first, well, it is nearly April after all!!
During the coming weeks I will share the significant developments, or lack of, with you.
Most EU member states are only just beginning to carry out market surveillance, although NWML has been carrying out enforcement activities for some time. They claim that 95% of products are not 100% RoHS compliant. Most have just a few components which donot comply with rework using tin/lead solder a common cause of non-compliance.
Scope within the EU is still unclear with differing opinions on offer. For example, Holland
assumes that car radio's, if bought by consumers, will be within the scope of RoHS, not ELV, unlike the UK and most other Member States. Fixed installations are another area of disagreement. Cable is still unclear also, with NWML suggesting that they might be household appliances based on the dictionary definition of "appliance" which could be almost anything whereas "household appliance" implies a much narrower range of products.
I understand that the DTI still disagree's with the European Commission on cables, so watch this space.

What's your experience of the first nine months or so, please drop me a line.

Directive Decoder

As you know, EU RoHS is supposed to be a single market directive, in other words the interpretation is the same across all Member States (Article 95). However, one or two differences are already becoming apparent.
The scope is still being discussed by the European Commission and the Technical Adaptation Committee (TAC) with the status of "fixed installations", cables and luminaires remaining unclear.
Variations in approach include Holland, for example, where car radios sold to users are considered in scope contrary to the EC's published guidance.
Elsewhere, equipment such as electric heaters and air conditioning that is bolted to walls is regarded as being in scope by some Member States but outside scope by others.
The status of large industrial machines is also unclear, regarded by some as large-scale stationary industrial tools (out of scope) and by others simply as tools and so in scope.
However, with all this in mind the EC is pressing on with a review of the future scope of RoHS.
This column understands that topics for discussion could include product groups, such as the category 8 and 9 review undertaken by ERA Technology.
Adaptation of the list of restricted substances which, in theory, could mean adding, or removing from the current list.
The scope of RoHS, which is currently based on the scope of the WEEE Directive, but does it need to be and are there better ways of defining the scope?
So, whether you are looking back, or looking forward on EU RoHS, many questions still remain unanswered.

Directive Decoder

Directive 2002/95/EC, well known as the EU-RoHS directive, came into force on 1st July 2006. The world didn't change fundamentally on this day of course, and most consumers are unaware that it exists, but RoHS legislation has had a huge effect on the electronics industry and is being "policed" by an increasing number of EU RoHS enforcement bodies. The UK's enforcers, National Weights and Measure Laboratory (NWML) started work one year in advance and so were ready on day one, whereas other Member States' bodies have only started work more recently.
Two approaches to enforcement are being used; by audit of documentation and by selective analysis of purchased products. Also, Customs of some States are checking imports. The experience of NWML is that currently over 90% of products are not fully compliant, most having just one or two components present that contain a RoHS substance. Re-work of lead-free soldered products is a particularly common problem. The use of obsolete components that have tin/lead termination coatings and screws with hexavalent chromium passivation coatings are other common causes of non-compliance. Where a non-compliant product is identified, the approach taken by NWML is to work with the producer towards full compliance. Many producers have already been contacted for documentation to show that all reasonable steps have been taken to ensure compliance. Some have been slow to respond but no one has yet been prosecuted. According to NWML, 15% of those contacted claimed, incorrectly in the opinion of the authorities, that their products are out of scope of RoHS and another 15% had inadequate documentation.
Many questions still remain unanswered. Scope is still being discussed by the European Commission and the Technical Adaptation Committee (TAC) with the status of "fixed installations", cables and luminaires remaining unclear. As RoHS is a single market directive (Article 95) the scope is supposed to be the same in all member states but unfortunately, there are variations. Holland for example regards car radios sold to users as being in scope contrary to the EC's published guidance. Equipment such as electric heaters and air conditioning that is bolted to walls is regarded as being in scope by some States but outside scope in others. The status of large industrial machines is also unclear, regarded by some as large-scale stationary industrial tools (out of scope) and by others simply as tools and so in scope.
There are also difficulties over chemical analysis to determine if a product is compliant. Techniques are still being developed but an international IEC standard for chemical analysis did not gain sufficient support from its members, mainly because of poor results from trials to evaluate the methods for flame retardants and for hexavalent chromium. RoHS enforcement bodies are currently targeting the more obvious candidates for RoHS testing using analytical screening methods such as XRF. They may however need to rely on advanced analytical techniques in the future for applications where very small amounts of non-compliant substances are present to provide evidence for prosecutions.
Exemptions are the other main problem. There are now 29 exemptions with many more requests being evaluated. The exemption request procedure is very lengthy, some having taken several years from the date of application to be granted, which is an obvious problem for manufacturers. Many manufacturers cannot yet produce compliant products because they believe that there are no alternatives to specific applications that they use, and they are waiting for a final decision on an exemption request. Some manufacturers have stopped making products with consequential loss of profits whereas others are continuing production and are hoping that the authorities will allow this while the exemption request is under review. NWML suggest that manufacturers in this position should not stop production and NWML will closely follow the exemption request process and take action only when it becomes clear that the request is not going to be accepted. However, enforcement authorities in other Member States may not be so helpful.
One of the agreed exemptions is "Decabromodiphenyl ether in polymeric applications". Although it seems to be reasonable to grant an exemption for the use of this substance that has no known harmful effects on health or the environment, it is causing great controversy. Denmark and the European Parliament are taking the Commission to the European Court over this issue as they say that there are alternatives. This is true but for certain types of polymer all of these are either harmful substances or have not been as extensively tested as Decabromodiphenyl ether and so potentially, they could be more hazardous. To make this issue even more complicated, it is unclear whether this exemption is intended to cover commercial grades of Decabromodiphenyl ether or only high purity material that was not available in commercial quantities until very recently.
The Commission is continuing to receive requests for exemptions, as there is currently no time restriction on these. However, there have been many requests for "life-time-buys" and for the continued use of lead solders, but all of these have been rejected.
ERA Technology carried out a review of the RoHS directive during 2005/6 to determine whether Categories 8 and 9 could be brought within its scope in the future. The answer is yes, but manufacturers will need time to comply, at least until 2012 and at least 20 new exemptions will be required. The RoHS directive has been in force for less than a year and is already being reviewed by the European Commission and changes may occur in the future. Any changes are possible including adding more substances to the list or changing the scope. The closely related WEEE directive is also being reviewed including its scope on which the scope of RoHS is also based. It is likely that changes will be made in the near future and these are unlikely to reduce the scope, an increase is more likely.
The RoHS directive has already met its main aim with compliant products reducing the quantity of the six RoHS substances used in equipment sold in the EU. Critics point out that no full life cycle analysis has been carried out and so it is not known whether the alternative materials are better or worse for the environment. Also, significant quantities of RoHS substances are still used in exempt forms, in excluded products and in other industries which do not yet have these restrictions. However there are benefits as RoHS is just one of several pieces of EU legislation that aims to reduce the use of toxic materials. Recycling of WEEE should be safer, particularly in third world countries where uncontrolled recycling processes are used. Recycling RoHS compliant equipment will expose workers to a reduced quantity of toxic substances although this does not eliminate all risks; only better controls of the processes can do this.
In future, production of RoHS compliant equipment will be normal and the use of lead-solders will become increasingly unusual. Products that do not currently need to comply with RoHS will increasingly be affected by the on-going changes within the electronics industry. Some products in the medical, monitoring and control, automotive and aerospace industries have already changed and many more will be effectively "RoHS-compliant" in the next few years. Toxic substance restrictions will always increase and so manufacturers are advised to pre-empt future legislation, such as the EuP Directive or the new REACH regulations, by making changes as soon as it is convenient rather than when forced to by legislation.

DIRECTIVE DECODER

Hi all
The present EC view is that cables both included within EEE and sold separately do fall within RoHS. The DTI has a different view and are in discussion with the Commission over this but, until there is any change, UK enforcement agency NWML must follow the EC guidance.
I've always found Steve Andrews of the DTI very helpful and I asked him recently if there was an update.
He told me that the EC was waiting for information from the European Trade Association, so watch this space.
A popular view is to consider cable as a component or an accessory and so its status is the same as whatever it is attached to.Thinking it through though, this is fine for cables designed for specific products, but general purpose mains cables, that could fit any product, would probably be outside scope as they donot fit into any of the WEEE categories. However, IT network or telephone cables are cearly category 3 (IT and telecommunications equipment) and so are in scope of both the RoHS and WEEE Directives.

Any thoughts on cable then please drop me a line.

Directive Decoder

Often asked about Power Supplies and their RoHS status.
As finished goods these donot seem to fit any of the WEEE categories and would be deemed out of scope. However, thinking it through, the majority of power supplies are used as components in, or attached to, other equipment and may therefore have the same status as the equipment they are "part of".
A power supply inside a desk top computer is part of a Category 3 product and so will need to be RoHS compliant. However, if the same power supply is used in a Category 9 test instrument then it does not have to comply with RoHS.
The same can be said of battery chargers. These do not appear to be in any of the 10 WEEE categories but, when they are sold as accessories to other products, their status is the same as the equipment they are intended to charge. Therefore a charger for a mobile phone would be in scope, Category 3, whereas a charger for a portable test instrument is Category 9, and so outside scope.

Just a reminder that I will be in the Electronics Yorkshire seminar area at NEPCON at 2PM on Tuesday, Wednesday and Thursday.

I look forward to seeing you there.

Directive Decoder

The EC has started its first review of RoHS with an invitation to stakeholders to comment on certain key topics.
The following list outlines some of the areas under review:
+ New product groups to be included, for example Categories 8 and 9
+ Other hazardous substances or materials used in electrical and electronic equipment
+ The relationship between WEEE and RoHS scope. Could, or should, they be separated and are all WEEE provisions applicable to RoHS?
+ Clarity of definitions such as "Put On The Market", spare parts etc
+ Enforcement and whether or not a more common approach across Member States can be achieved
+ The mechanism for exemption reviews, the criteria for granting, and if the process can be quicker

Further studies include compliance and cost benefits (why wasn't this done before I hear you cry!!) the costs of discontinuing products, using substitutes, design, higher failure rates, the delayed introduction of new products as well as capital expenditure and the gain, or loss, of jobs.
For more information:
http://ec.europa.eu/environment/waste/weee/pdf/review_2002_95_ec_directive.pdf

So, "RoHS 2" is on its way at some stage even though there are still so many unanswered questions. However, this is a sensible step forward in my opinion but, if you want to contribute, you will have to be quick as replies are requested by May 22nd.

See you at NEPCON, 2PM Tuesday, Wednesday or Thursday in the Electronics Yorkshire seminar area.

Directive Decoder

The Restriction of use of certain Hazardous Substances (RoHS Directive 2002/95/EC) came into force on 1/7/06. This has already had an impact on design engineers involved with products that are within the eight categories of the WEEE directive that are the scope of RoHS. Currently RoHS is being reviewed and it is likely that the scope will broaden to include medical devices and monitoring and control instruments. The changes that have resulted from this directive are already influencing sectors of the electronics industry that are outside its scope with automotive and even aerospace seeing a trend towards the elimination of RoHS substances.

I heard someone say that EU RoHS exemptions maybe abolished.
So I asked Dr Paul Goodman of ERA Technology, and expert on exemptions and someone who has carried out several reviews for the European Commission.
Basically, "wishful thinking" was his reply:

How is the RoHS review on definitions, and the clarity thereof, likely to affect the product scope on RoHS?

Talking to expert Paul Goodman of ERA he feels:

Fixed Installation – this is likely to be rejected as criteria for exclusion for exclusion from WEEE and so any equipment installed in buildings (fire alarms, CCTV, electric heaters, boiler controls, air-conditioning equipment etc) will be clearly in scope of WEEE.
Put-On-The-Market is unlikely to affect scope.

Spare Parts – may include or exclude finished products that are used as spare parts and it’s difficult to see which way they will go. The EMC directive definition maybe adopted which states that any item used to repair a product is a spare part. Therefore, for example, if a replacement keyboard is needed for a PC, this is unlikely to be regarded as a spare part.

Directive Decoder

The National Weights and Measures Laboratory (NWML) has reported on its RoHS enforcement activities between January 2006 and September 2007.

They set out with a goal to deliver a supportive, modern body that helped industry to meet the objectives of the RoHS Directive.

Their aim was to assist business through education, promotion and direct engagement with the Producers of electrical and electronic equipment and other interested bodies.

The Oko-Institut, based in Germany, was commissioned to look at the possibility of including further substances within the scope of the RoHS Directive.
The project started in October 2007 and was set to run for several months.
An interim report will be submitted to the European Commission during February 2008. The final draft is expected by 4th April 2008.
A stakeholder workshop will be held after the final draft is published, with the final report available in June 2008.

Directive Decoder

Designers continue to face problems with lead-free soldering, as well as safeguarding RoHS compliance. One well respected lead-free training house is still witnessing the following customer issues:

Major problems (as expected) with component stocks
o Segregation of stock (mixed up)
o Compliance - “change the label, no one will notice”
o Confirmation of compliance – “can the source be trusted?”

Production based issues
o Hidden stocks of lead based solder used in rework – “I will just keep this roll to do those odd jobs”
o Temperature profiles on wave and reflow – “this new stuff does not work on our (old ) profiles”
o PCB issues plating / finishes – there is a need to apply stock rotation and understand new metallurgy.
o Components melting – such as connectors
o Problems with the tip life when hand soldering
o Re-training of hand soldering skills and good soldering practice. Need to go back to basic soldering skills, i.e. leave tip well tinned when not in use, use correct size of tip. Use brass wire wipers with moderation.

The Oko Institut, based in Germany, and who is carrying out the review of additional RoHS substances for the European Commission (EC), has published a list of 46 substances, plus all brominated flame retardants, that are now subject to stakeholder consultation.

However, there is limited time to reply as their draft final report is due by the end of April. Before this time all technical issues need to be considered. At present, there is no appeals procedure expected against Oko’s recommendations.

Oko will also consider whether or not it is more appropriate to restrict substances under the REACH Regulations as REACH is based on risk assessment whereas RoHS is focussed on hazard. Both can restrict substances in equipment.

The European Court of Justice (ECJ) has ruled that flame retardant decabromodiphenyl ether (deca-BDE) will be “banned” from electrical and electronic equipment from the end of June.

The European Commission (EC) had originally granted an exemption for deca-BDE from the list of banned substances under the RoHS Directive.

However, in 2006 the European Parliament and Denmark, supported by other EU Member States, took the EC to court as they believed deca-BDE could be replaced with safer alternatives already on the market.

Thoughts on the recent decision made concerning deca-BDE (decabromodiphenyl ether) “in polymeric applications”. Here is some further background to the ruling.

The European Court has decided to annul this exemption in a case brought by the European Parliament and Denmark (supported by Portugal, Finland, Sweden and Norway) against the European Commission (supported by the UK).

The current exemption will apply until the 30th of June 2008. Therefore the exemption known as 9a ends on that date.

Certain plasticisers are under review for possible inclusion within the scope of the RoHS Directive.
So what do they do?
Basically, plasticisers are used to soften plastics. Small amounts make the plastic more ductile and less brittle so they do not fracture if dropped.
Higher concentrations make the plastic flexible, hence their use in PVC wire insulation.

Directive Decoder

As previously reported, the Oko Institut, based in Freiburg, has been conducting a comprehensive review on the scope of RoHS.

Here is the latest timetable of events:
o A period of consultation on potential restricted substances ended 28/3/08
o Oko will submit a draft final report to the European Commission (EC) by 18/4/08
o EC holding a stakeholder workshop in Brussels on 6/5/08. The results of this will be included in the final report
o Final report “due” mid June
o The original aims of the review included the clarification of such terms as “fixed installations” and “spare parts”. Whether or not they manage this remains to be seen.
o The EC will carry out an impact assessment to determine the likely benefit’s before any new legislation is adopted.

Regarding the withdrawal of exemption 9a in respect of deca-BDE.
I asked Dr. Paul Goodman of ERA Technology where it might be used.

"Deca-BDE is widely used including polypropylene mouldings, polyethylene cable insulation, PBT and PET - mainly in plastic connectors, Elastomers/rubbers and HIPS (enclosures).
Enclosures and connectors will be the most common uses but there will be others".

So a fairly wide impact on our industry.

Directive Decoder

There have been many requests from manufacturers for RoHS “last time buy” exemptions. Such an exemption would allow manufacturers to use lead based components where no lead-free option is available. However, these are always refused as were the 9 such requests in the last batch of exemptions that the Oko Institut recently reviewed for the European Commission (EC).

The reason behind the constant refusal is based on the fact that alternatives could be used if the equipment was re-designed.

While the costs of re-design would be prohibitive, cost is one of the economic factors that neither the consultants, nor the EC, can take into account.

Directive Decoder

Article 6 of 2002/95/EC RoHS (Restriction of Hazardous Substances) Directive requires the European Commission (EC) to carry out a review of the directive within four years of its adoption. The main issues include:

o        The possibility of including categories 8 (medical devices) and 9 (monitoring and control instruments) of the WEEE (Waste Electrical and Electronic Equipment) Directive within the scope of RoHS

o        The possibility of restricting more substances that are hazardous, are used in significant quantities and where there are suitable substitutes

o        All of the existing exemptions to be reviewed and may be either modified, be more restrictive or removed completely

o        Other aspects such as where definitions and scope are unclear, as well as the subject of enforcement

Oko Institut were originally aiming to publish their much awaited findings on the review of RoHS scope by June 4^th.

Some 6 weeks late I thought I would contact them for an update.

A spokesperson told me that they are discussing the report with the European Commission and some open points still need to be clarified. They hope to publish the final report within the "next weeks" I was told.

Not before your summer holidays then!

Directive Decoder

While there has been debate around the difference in approach of REACH and RoHS to substance restrictions, REACH is unlikely to "swallow RoHS up".

Industry was said to favour the REACH approach during consultations around substance restrictions as part of the review of the scope of RoHS undertaken by Oko Institut on behalf of the European Commission.

Was talking to Dr. Paul Goodman at ERA Technology about the RoHS review, and when we can expect any announcements.

"Oko's additional substances report was written for the European Commission and so it is the Commission that will publish it on their website, when they are ready. This may be within the next month or so. The Oko report is just one of the reports and submissions that the EC has to consider for their proposals to amend RoHS. It is a bit late to influence the EC now but after their proposals are published, these will be discussed by the European Parliament and Council in co-decision and they will eventually amend the RoHS directive. It will be difficult but not impossible to influence the politicians and some trade associations and manufacturers will be lobbying for their views to be considered. Of course so will Greenpeace etc".

Dr Goodman is also a judge of this year's Live Edge competition at Premier Farnell.

Directive Decoder

The European Commission has delayed the publication of draft regulations reviewing the WEEE and RoHS Directives. Originally planned for September 2008 the guidance will not now be published until November or December.

The WEEE review is expected to contain proposed measures to harmonise national WEEE registration and clarify legal responsibilities.

The RoHS review is likely to propose new substance restrictions and an extension to the scope of products covered by the directive.

The RoHS (Restriction of Hazardous Substances) Directive (Article 6) requires that the directive is reviewed. The European Commission invited the German based Oko Institute to look at the possibility of adding new restricted substances.

The validity of all the current exemptions is also to be addressed as a separate study that is not part of the RoHS review.

Prior to that ERA Technology, based in Surrey, had won the contract to look at the viability of adding categories 8 (medical equipment) and 9 (monitoring and control instruments) to the scope of the RoHS Directive. RoHS originally covered 8 of the 10 categories of the WEEE (Waste Electrical and Electronic Equipment) Directive and categories 8 and 9 were omitted. This was due to the uncertainties, at that time, around the reliability of lead-free solder. Finally, the EC was looking to provide clarity on some of the grey area definitions such as fixed installations, large scale stationary industrial tools and spare parts.

Busy times at the minute as customers request detailed information around REACH Substances of Very High Concern.

Those of you who were involved in RoHS back in 2005 / 2006 may well remember the challenge of obtaining timely information around compliance from manufacturers.

Well, it will be no different with REACH.

How long will it take the manufacturer or importer to start the information flow down the supply chain?

Who knows but I suspect that there will be a great deal of managing expectations!

Even though the RoHS Directive was implemented over two years ago I still get asked about the status of Semiconductor Evaluation Boards or Evaluation Kits as they are widely known.

These kits are often very low cost and simulate the performance of a chip in a particular environment, often a microcontroller. The more complex kits also offer a programming facility.

While the more expensive programmers were fully encapsulated pieces of equipment and clearly within the scope of the directive, many were simple open circuit boards, so were they in scope?

The outcomes of the exemptions review carried out by the Oko Institute will be announced after Christmas.

Word on the street is that 8 will be annulled and the wording amended on many of the others.

Of the 5 new exemption requests under review (recommendations in each case), 1 is likely to be included, 1 will be refused, 1 has been withdrawn by the applicant, and on the other 2 no clear recommendation is possible.

Directive Decoder

Here is a link to the official announcement from the European Commission on the proposed revision of the RoHS Directive, the so called RoHS2.

Here is an at a glance summary of what it will mean to your business.

Directive Decoder

The European Commission has announced its proposals for the revised RoHS Directive, the so called RoHS2.

Here we provide an easy to follow summary of the changes.

An announcement around the exemptions review will be in the New Year.

Directive Decoder

Dear all

First of all, a very Happy New Year to all the readers of this blog.

I thought I would start 2009 with a brief summary of two regulations in the news:

Regulation 765/2008/EC specifies the rules for conformity assessment bodies that test and assess equipment for compliance with such as EMC, LVD and RoHS in the future. It also sets a framework for market surveillance and provides the framework for CE marking and control of imports.

Regulation 768/2008/EC defines what manufacturers, importers and distributors need to do to demonstrate compliance with CE mark directives such as EMC, LVD and RoHS in the future. It describes conformity assessment procedures such as what should be included in technical files and declarations of conformity.

Suspect we will hear more about these with the potential impact on the RoHS Directive.

Directive Decode

As the second part of the RoHS review on scope Oko Institute has looked at the exemptions. Here, expert Dr. Paul Goodman of ERA Technology, best guesses what might well happen when the changes are announced a little later in the year.

Click here for a table covering all of the exemptions.

Directive Decoder

It might just be me, but there feels to be more going on at the minute in the world of legislation than at any time since the pre RoHS days.

So I thought I would provide some brief updates.

Click on the link to find out more about:

The 4 potential restricted substances proposed under "RoHS2"

Category 8 (medical devices) and 9 (monitoring & control instruments) products in scope and those requiring clarity

Timescales for "RoHS2" implementation, restricted substances and exemptions

REACH substances for authorisation

Have a quick look at these articles and bring yourself up-to-date on the latest legislative developments.

Directive Decoder

RoHS2 and REACH have been the focus of attention for the last few months. However, 2009 will see momentum building around the Energy using Products Directive (EuP).

Always worth a read, and the ultimate reference source, ERA Technology has released the 6^th edition of it's "Guide to RoHS Legislation Worldwide".

The Guide, which runs to some 186 pages, includes the European Commissions proposals to amend the EU RoHS Directive, details of the recently completed review of exemptions, RoHS around the world, technical and reliability issues including lead-free soldering, and recommended approaches to compliance.

Don't be put off by the £200 price tag, this is an essential edition to your library.

For more information:

ERA Guide to RoHS

Overview of RoHS2 - pdf

Directive Decoder

The EC has commissioned a study into potential alternatives to DecaBDE.

DecaBDE exemption 9a was annulled, at the request of manufacturers, and deleted on 1^st July 2008.

However, each plastics manufacturer uses their chosen proprietary material so it is difficult to know what, in particular, is being used.

There are several alternatives but the choice will depend on the type of polymer. These include HBCDD, SCCP, TBBPA, various phosphorous based, and other flame retardants.

The study provides a list of 27 possible alternatives in Annex 3

EC study-DecaBDE

Directive Decoder

I have had a nice e-mail from a gentleman in Israel asking where the term "RoHS2" came from?

I think I am guilty here as I have used the terminology in many articles to differentiate the proposals that are under review from the original directive.

This is not an official term and once the proposals are adopted they will simply form part of the updated RoHS Directive and not RoHS2.

Directive Decoder

The UK government has issued new guidance for those placing electrical and electronic equipment on the UK market and the application of the RoHS regulations.

The guidance covers subjects such as scope, exemptions, definitions, maximum concentration values, compliance, enforcement and penalties.

To view the guidance click here.

Directive Decoder

Seems to be a bit of a fuss in mainland Europe at present in respect of semiconductor development tools, their RoHS status, and why are some manufacturer's still supplying non-compliant parts.

Back in 2006 I can clearly remember the concerns around "semiconductor evaluation boards" often referred to as "development tools".

Were they in scope of the RoHS Directive or not?

Background

Light emitting diodes or LEDs are increasingly used for lighting applications and in displays. This trend is due to research into brighter and more energy efficient devices that are able to compete with fluorescent lamps that contain small amounts of mercury. LED lighting is often used in homes, offices and also in vehicles. Several computer manufacturers now offer laptops with LED displays instead of the standard liquid crystal displays (LCDs). A few LED televisions have also been launched recently. LED displays are more energy efficient than LCDs in laptop PCs because they do not require the conversion of the standard laptop battery voltages to the high voltages required by LCD backlights. LED lighting is still not as energy efficient as fluorescent lighting but researchers expect to be able to attain higher efficiency in the near future.

The development of LED lighting will affect EU legislation in the future in a variety of ways:

The EU RoHS Enforcement Authorities are due to meet on Thursday.

One of the topics will be the on-going issue around semiconductor development tools and compliance and their scope status.

Always seemed pretty clear in the UK but clearly not all Member States.

Watch this space!

Directive Decoder

Following discussions between EU Member States and the Council of Ministers new proposals have been put forward by Sweden, who currently owns the EU presidency, to amend the scope of the RoHS Directive.

Under the proposals the scope will change to encompass all electrical and electronic equipment unless specifically excluded. Currently there are 8 product categories with binding examples of what products fall within scope. A recast, published in December 2008, also proposed the phased in addition of categories 8 and 9 (medical devices and monitoring and control instruments).

Many of you will be aware of the on-going debate around the RoHS status of Semiconductor Evaluation Boards often referred to as Development Kit.

Are they in, or out of scope and, if in, which category?

The RoHS Enforcement Authorities met on 17 September and these products were on the agenda.

The RoHS Directive came into force in July 2006.

In December 2008 the European Commission put forward proposals to amend the scope. In September 2009 there were yet more proposals from the EC driven by Sweden, the current Presidents.

I have prepared a guide (below) that helps provide an overview of both sets of proposals:

RoHS proposals 2008 & 2009

Directive Decoder

As the future scope of RoHS is a matter of debate following the December 2008 and September 2009 proposals it is worth looking at the main reasons for non compliance since the introduction of RoHS in July 2006.

Hand soldering remains the biggest issue along with the contamination of dual production lines.

However, the other main reason for compliance failure is the interpretation of test reports as well as fraudulent declarations.

Far East imports present a significant challenge as does the growing problem of counterfeit products.

While there have been very few prosecutions there has been £25 million worth of product withdrawn from the market due to non compliance.

Having said all of that there is a compliance rate of between 80% and 100% across industry.

US take note!

Directive Decoder

A draft proposal for the recast of the RoHS Directive has been published by the European Parliament (EP).

Among the proposed changes is to include all electrical products. The approach would be to add an 11^th product category to the existing 10. The scope of the new category would simply be "other electrical and electronic equipment not covered by any of the categories 1-10".

In addition, the current exclusion of large-scale stationary industrial tools (LSIT) has been deleted and so all EEE including manufacturing production line equipment would be in scope.

Equipment covered by the new category 11 would come into scope in July 2014.

The controversial "equipment that is part of another type of equipment that does not fall in scope and can only fulfil its function if it is part of that equipment" is proposed to change to  "part of stationary installations or transport equipment that is not electrical or electronic equipment"

This would bring into scope all electrical products used in building and transport (unless covered by other legislation such as the ELV Directive), all "fixed installations" and electrical parts in aircraft, trains, ships and commercial vehicles.

So, the often quoted example of the car radio would, under the proposals, now be in scope.

Module A from 768/2008 is the self-declaration procedure required for CE directives. This regulation affects the format of all new CE directives and so RoHS will be the first but it is likely that all CE directives will eventually adopt this "harmonised" approach.

The main requirements are:

Module A is the requirements placed on the manufacturer of products to ensure that these comply.

First we had the December 2008 proposals to amend the scope of the RoHS Directive, then in September 2009 the EU Presidents Sweden pushed further proposals through. Finally, earlier in November the European Commission published a first pass recast of the directive.

If you are struggling to keep up with the changes then print off the attached, easy-to-follow guide, and circulate around your business.

RoHS recast overview

Directive Decoder

The last 12 months has witnessed several proposals to amend the scope of the RoHS Directive.

Proposals were published in December 2008, followed by more in July 2009 driven by Sweden as EC Presidents.

Finally, in November 2009 there was the first draft recast of the directive including a new "category 11" which would cover all EEE not included in categories 1 to 10.

There were proposed changes to definitions, additional substance restrictions and whether or not these should be analysed using a RoHS or REACH methodology.

Also under consideration was RoHS becoming a CE compliance directive and finally, the status of exemptions.

So what happens next?

Well, three parties have to agree on a final version. The European Commission, The Council of Ministers supported by the Environment Council Working Group and finally, the European Parliament.

Currently they have differing views on scope, large-scale industrial tools, fixed installations, additional substance restrictions, CE compliance and exemptions.

It seems certain therefore that there will be another recast at some stage next year, but it does look like there could well be significant changes to the scope of the directive.

Directive Decoder

RoHS recast unlikely to be agreed in 2010 according to BIS

Directive Decoder

The proposed RoHS recast will be debated long into 2010 and probably early2011.

There are three main players who need to agree on a final draft.

The European Commission who made the original proposals, the Council of Ministers supported by the Environment Council Working Group and the European Parliament led by the environment committee.

Currently there are differing views around scope, LSIT, fixed installations, additional substance restrictions, CE compliance and exemptions.

The outcome of these discussions could have a significant impact on the electronics industry.

See attached for a summary of the current position.

Directive Decoder

BIS, the Department for Business Innovation and Skills has published updated guidance notes on the RoHS Directive.

This useful reference source includes guidance on RoHS law, entry into force, requirements, enforcement, scope, exemptions, definitions, maximum concentration values, compliance, enforcement as well as offences and penalties.

See below to access the file:

The Directive of the European Parliament and of the Council on the restiction of use of certain hazardous substances in electrical and electronic equipment. Published 14 December.

RoHS Recast

Directive Decoder

The Council of Ministers has been discussing the EC proposals for the recast of the RoHS and WEEE directives since March 2009 but areas of disagreement still exist. Documents were recently published that highlight the current opinions of Member States.

The key RoHS issues remain scope. 4 Member States, out of 27, still prefer scope to comprise of 10 categories rather than the open scope with category 11 covering "all EEE not in categories 1 to 10".

9 States prefer fixed installations to be excluded, 16 want them included while others seek a clearer definition.

Over the last year or so there have been many proposals put forward regarding the future scope of the RoHS Directive.

As it stands the European Commission, European Parliament and Council of Ministers have to agree the final draft, but there are still areas where their opinions differ.

For the latest position refer to the attached guide:

RoHS status March 2010

Directive Decoder

It is looking likely that RoHS will become a "CE Mark Directive" over the coming months. This could have a massive, resource sapping, impact on manufacturers, importers and distributors, regardless of size.

While the proposed introduction of new product categories and restricted substances will no doubt grab the headlines the requirements of the RoHS CE Mark will have a massive impact on industry.

For example:

There are concerns within industry over a European Parliament proposal to increase the scope of the RoHS Directive to capture all electrical and electronic equipment rather than just the current eight (plus two more in 2014) product categories.

Orgalime, the European Engineering Industries Association representing the interests of, among others, the Electrical and Electronic industries feels that the proposal has not been properly thought through and has called for a thorough impact assessment.

The substantial changes proposed would bring nearly all equipment including trains, planes, power plants and elevators within the scope of RoHS even though they have specific safety requirements and are treated differently at the end of their life.

The benefits of restricting further hazardous chemicals under the RoHS Directive has been questioned in an impact assessment published by the European Parliament.

For example the report suggests that the costs of banning the phthalates DEHP, BBP and DBP, used as plasticisers in PVC "far outweigh the benefits" to human health and also adds that the environmental benefits are also unlikely to justify the costs.

The National Measurement Office, the UK RoHS Enforcement Authority, has published a very useful Producer Support Booklet.

This covers topics such as test reports, declarations, risk, internal control, homogeneous materials, exemptions, areas of non-compliance and further relevant information / useful contacts. Use the link below:

NMO Guide

Directive Decoder

The vote on the RoHS recast expected in June has been delayed due to the number of proposed amendments received, 339 in all.

It is now expected to go before the European Parliament in the Autumn and then on to the Council of Ministers around the end of the year.

Not an exact science as there are many different opinions and agreement is not guaranteed, which may lead to a second round of negotiations into next year.

Directive Decoder

MEPs have voted in favour of a RoHS "open scope" meaning that all electrical and electronic material would be covered by the legislation, unless specifically excluded. This is designed to achieve greater legal clarity than is afforded by the current rules, which take the opposite approach.

Also, some substances, including halogenated flame retardants and PVC, should undergo further assessment for safe use in electrical and electronic equipment.said Environment Committee MEPs.

Full press release

Directive Decoder

As part of the RoHS recast nanosilver and carbon nanotubes could be banned?

So, what are these?

I asked Dr Paul Goodman, Senior Chemist at ERA Technology, trading as Cobham Technical Services for his thoughts:

The European Parliament's environment committee met in Brussels on 2 June and agreed to put three substances that were facing an immediate RoHS restriction on a list of priority chemicals that will be reviewed later, with a ban a possibility.

Brominated and chlorinated flame retardants and PVC will be looked at later along with arsenic compounds and all chemicals, currently 38 of them, featuring on the REACH Candidate List of Substances of Very High Concern for authorisation.

The vote on the RoHS recast by the full European Parliament has been put back to October. This allows time for alignment between the Environment Committee and the Council which will allow the final vote to move ahead (more) smoothly.

Directive Decoder

So Category 11 will capture all electrical and electronic equipment not captured in categories 1 to 10 unless "specifically excluded". So what is specifically excluded likely to mean?

According to provisional plans put forward by Belgium, the European Union Presidency, the vote on both the RoHS and WEEE recast will be at a meeting of environment ministers on 14 October.

Directive Decoder

The Council of Ministers working group has continued to discuss the scope of the RoHS recast, substance restrictions and exemptions. The European Parliament Environment Committee (ENVI) has also had extensive discussions led by Member of the European Parliament and rapporteur Gill Evans. ENVI has also discussed scope, exclusions and substance restrictions but has also considered many of the definitions.