| Author (Corporate) | European Commission |
|---|---|
| Series Title | COM |
| Series Details | (2017) 38 final (26.1.17) |
| Publication Date | 26/01/2017 |
| Content Type | Policy-making |
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Directive 2011/65/EU (RoHS 2) sets out rules on the restriction of the use of certain hazardous substances in electrical and electronic equipment (EEE). RoHS 2 provisions apply to all EEE placed on the EU market regardless of whether they are produced in the EU or in third countries. RoHS 2 affects mainly industrial manufacturers, importers and distributors of EEE, as well as EEE customers. RoHS 2 addresses the waste hierarchy’s highest priority, waste prevention. Waste prevention includes measures that reduce the content of harmful substances in materials and products. Decreasing the amount of hazardous substances in electrical and electronic waste benefits the management of such waste as a result. It promotes the reuse of products and the recycling of used materials, which supports the circular economy. RoHS 2 is necessary to prevent barriers to trade and the distortion of competition in the EU, which could happen in case of disparities between the laws or administrative measures on restricting the use of hazardous substances in EEE in various Member States. It also contributes to the protection of human health and to the environmentally sound recovery and disposal of electrical and electronic waste. RoHS 2 is a recast of the earlier RoHS Directive 2002/95/EC (RoHS 1). Both RoHS directives have stimulated a reduction in hazardous materials all over the world: several countries, including China, Korea and the US, have developed RoHS-like legislation. RoHS 2 introduced new definitions and expanded the scope to cover medical devices and monitoring and control instruments. The impact of these provisions was assessed with the Commission’s proposal in 2008. However, RoHS 2 also introduced further changes: the 'open scope' through a new category 11: "Other EEE not covered by any of the other categories". Those changes make the Directive applicable to all EEE (except equipment that is explicitly excluded) and give a broader interpretation of EEE, based on a new definition of the dependency on electricity. These 'open scope' provisions were not specifically assessed when introduced in RoHS 2. The Commission has a mandate to examine the need to amend the Directive’s scope in respect of the EEE definition and of additional exclusions of product groups covered by RoHS 2 by virtue of the open scope introduced with the 2011 recast. The Commission has carried out this assessment and identified a number of issues related to the scope of RoHS 2 that need to be addressed to avoid the legislation having unintended effects: These four problems could affect the EU market, manufacturers and citizens and trigger negative economic, environmental, social and cultural impacts. The Commission’s proposal therefore tackles scope problems that cannot be resolved by either substance substitution or exemptions and guidance, e.g. for specific product groups with permanent compliance problem or where scope provisions generate market distortions. The proposal also addresses lessons learnt from implementing RoHS 2, in line with its overall objectives and legal clarity requirements. |
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| Source Link | Link to Main Source http://eur-lex.europa.eu/legal-content/EN/TXT/?uri=COM:2017:038:FIN |
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| Subject Categories | Environment |
| Countries / Regions | Europe |
