RoHS Directive: Two changes as of 22nd July 2019 – transition provisions for the open scope are ending and the list of restricted substances is being expanded

As of 22nd July 2019, two changes to the RoHS Directive will come into force: firstly, it will no longer be possible to place waste electrical and electronic equipment assigned to Category 11 on the market unless it fulfils the requirements of Directive 2011/65/EU, and furthermore the list of restricted substances is being expanded. 
 

Transition provisions for open scope end

The European Directive 2011/65/EU on the Restriction of the Use of Certain Hazardous Substances in Electrical and Electronic Equipment (RoHS) came into force on 21st July 2011, superseding its predecessor (2002/95/EC). 
 
The revision of the RoHS Directive led to the introduction of an open scope. Since this time, the new Category 11 has covered all “other electrical and electronic equipment not assigned to any of the previously named categories”. 

Until now, the new equipment assigned to Category 11 was covered by transition provisions which allowed companies to put it on the market even if it did not yet meet the legal requirements of the new Directive 2011/65/EU, provided it did meet the requirements of the old Directive 2002/95/EC. These transition provisions for equipment newly added to Category 11 are now coming to an end. As of 22nd July 2019, such electronic equipment now has to meet the legal requirements of the RoHS Directive 2011/65/EU as well, unless specifically exempted from the Directive. 
 

Expansion of restricted substances

Furthermore, the list of restricted substances is being expanded by the following 4 substances:
  • Diisobutyl phthalate (DIBP)
  • Benzyl butyl phthalate (BBP)
  • Bis(2-ethylhexyl) phthalate (DEHP)
  • Dibutyl phthalate (DBP)
This means, those substances are also subject to the restriction that permits a maximum concentration of 0.1 % in the homogeneous material.

Together with Umweltkanzlei, we offer support to manufacturers, helping them to place their products on the market in accordance with the law. This includes providing advice on issues such as REACH, RoHS, CE and EuP.
 

 

Legal background: RoHS

If you sell electronic products, you must not only comply with Germany’s Waste Electrical and Electronic Equipment Act (ElektroG), but often also with other regulations and laws, such as REACH, RoHS, CE and EuP. RoHS is a European directive (2011/65/EU) that came into force on 21 July 2011, replacing its predecessor (2002/95/EC). RoHS governs the use and placing on the market of hazardous substances in electrical and electronic equipment and in electronic components. In Germany, the European directive was implemented in the form of the Ordinance on Substances in Electrical and Electronic Equipment. The aim of this ordinance is to banish chemicals such as lead, mercury and chromium that may be harmful to health or the environment from electronic products. Companies must be able to prove that they conform to RoHS. Compliance with European Directive 2011/65/EU is a prerequisite for receiving permission to affix the CE mark to one’s products.