European Union Restriction on Hazardous Substances

The European Union's Restriction of Hazardous Substance (RoHS) Directive restricts the use of six substances in eight categories of electrical and electronic equipment. But in many cases it is still unclear what is covered and what is not due to multi-use equipment (like car radios) and assumed limitations of scope that are included in WEEE but were accidentally left out of RoHS when the regulations were separated.

In addition to the requirements and exemptions specified in the original RoHS Directive the EURO has published a definition of lead free and other maximum concentration values and additional exemptions in its official journal on October 21, 2005 for Deca-brominated dipheyl ether and on October 21st for certain uses of lead and cadmium. On April 21, 2006 additional exemptions for the use of lead in certain lamps were published. On October 12th, eight additional exemptions to the RoHS Directive including a one year exemption for specific uses of Hexavalent Chromium in Passivation Coatings were published.

Further interpretations and changes to RoHS can be recommended by the Technical Adaptation Committee (TAC).

While RoHS is not formally part of the EU's 'new approach' regulations, many of the enforcement approaches, including the definition of "put on the market" will be derived from this approach. While it does not have the force of law, the EU has published FAQ (.pdf) and a guidance on enforcement (.pdf).

Each member state will decide on penalties and enforcement arrangements. Information about each countries progress in implementing WEEE and RoHS regulations, has been compiled by the UK (.pdf).

A guidance document prepared by the UK DTI (.pdf), which was the first and most detailed guidance provided to industry, advises industry to prepare for self-declaration under "due diligence," gain assurance from suppliers, and maintain records in a standard format suitable for auditing. Laboratory testing and analysis is recommended to check accuracy of declarations.