Restriction of Hazardous Substances (RoHS) Directive

On July 1, 2011, the revised European Union (EU) Restriction of Hazardous Substances (RoHS) Directive was published in the EU Official Journal (OJ). The Directive entered into force on July 21, 2011. Member States will have 18 months to transpose the Directive into national law. Member States’ regulations are expected to enter into force no later than January 2, 2013.

The revised RoHS Directive does not restrict any additional substances. Four substances, however, are identified for priority assessment in a non-binding recital: Hexabromocyclododecane (HBCDD), Bis (2-ethylhexyl) phthalate (DEHP), Butyl benzyl phthalate (BBP), and Dibutylphthalate (DBP). The revised RoHS Directive now applies to all electrical and electronic equipment (EEE), not just a few select categories. Category 8, medical devices, and Category 9, monitoring and control instruments, will come into scope by 2014. Category 11, all other EEE not covered by any other category, will come into scope by 2019. The exemptions policy was also changed. Industry, instead of the EU government, will now have to prove the necessity of an exemption. Exemptions also have expiration dates and companies will need to submit a renewal application at least 18 months before the exemption expires in order to the EU to consider renewing the exemption. The revised RoHS Directive is a CE Marking Directive, which will require manufacturers, distributors and importers to accurately label EEE manufactured or sold in the EU.

Background and IPC's Lobbying Efforts

IPC’s lobbying on the RoHS Directive was based on our position that all regulations, including those that propose to restrict halogens, should be based on sound scientific principles. Substances should be evaluated on an individual basis and any potential alternatives should provide an increased benefit to human health and the environment.  We advocated this position throughout the RoHS revision process.

In 2008 the Okö Institute, a consultant hired by the EU Commission, released draft recommendations for revisions of the RoHS Directive. The recommendations included a laundry list of substances they identified for restriction, including all organobromines and organochlorines. In addition, they recommended banning several specific organobromines and organochlorines, including Tetrabromobisphenol-A (TBBPA), the most common brominated flame retardant (BFR) used in printed circuit boards. IPC opposed the Okö Institute’s recommendations because they were not based on sound science.

Due to our intense lobbying efforts, the EU Commission proposed revisions to the RoHS Directive that did not include any additional substances for restriction. The Commission proposed to include only four substances for priority assessment: Hexabromocyclododecane (HBCDD), Bis (2-ethylhexyl) phthalate (DEHP), Butyl benzyl phthalate (BBP), and Dibutylphthalate (DBP). We supported the Commission’s decision to identify HBCDD and the three phthalates for priority assessment because they have been proven to be harmful to human health and the environment. The Commission’s decision to base their proposal on sound science by not proposing additional substances for restriction or a laundry list of substances for priority assessment was a huge victory for the industry.

Following the release of the Commission’s proposal, Member of Parliament (MEP) and Green Party member Jill Evans was appointed rapporteur, or discussion leader, for the Parliament’s RoHS review process. Evans introduced a long list of amendments which included the prohibition of all organobromines and organochlorines in electronics. Several stakeholders, including IPC, launched extensive lobbying campaigns to persuade EU lawmakers to base any revisions to the RoHS Directive on sound science. IPC argued that each substance needed to be evaluated individually and that a blanket ban on entire classes of substances, such as organobromines, had no scientific basis. As a compromise, Evans proposed a lengthy list of substances for priority assessment instead of an immediate ban. While most of industry was pleased to see amendments for additional substance restrictions withdrawn, there were still significant concerns about the priority assessment list.

IPC Position Statements

• Position on RoHS Revisions (September 2010) (.pdf)
• White Paper on Recasting the RoHS Directive: An Opportunity to Solidify its Scientific Basis in Support of Comprehensive Environmental Regulation (.pdf)
• One-Page Position on Proposed RoHS Revisions (November 2009) (.pdf)
• IPC President Expresses Concerns to the EU Commission (October 2008) (.pdf)
• White Paper on Öko Institut's Recommendations to EU Commission for Proposed RoHS Revisions (September 2008) (.pdf)
• Comments to the Okö-Institut Regarding their List of Potential Hazardous Substances in EEE (March 2008) (.pdf)
• Comments to the EU Commission on their Proposed Revisions to the RoHS Directive (January 2008) (.pdf)

IPC Press on the RoHS Recast

• IPC Lobbying Efforts Pay Off: MEPs Agree to Drop List of Priority Substances (November 2010)
• IPC Efforts to Base RoHS Revision on Scientific Principles May Be Paying Off (October 2010)
• IPC Strives for Genuine Benefits to Environment and Human Health in EU Legislation (May 2010)
• EU Commission Releases Proposed Changes to RoHS Directive IPC Remains Cautious Until Directive is Finalized (December 2008)

EU Government Documentation

• EU Parliament Final Package of Compromise/Consolidated Amendments on the RoHS Directive (.pdf)
• European Council Position on Proposed Changes to the RoHS Directive (September 2009) (.pdf)
• MEP Jill Evans' Report and Proposed Amendments to a Revised RoHS Directive (December 2009)
• Contention Over Tetrabromobisphenol(a) Continues IPC Urges Members in Germany and Sweden to Voice Concerns (July 2009)
• 6 New Exemptions Under RoHS for Lead, Cadmium and Mercury (June 2009) (.pdf)
• EU Commission's Proposed Changes to the RoHS Directive (December 2008) (.pdf)

Additional Resources

• Possible Compliance Approaches to the RoHS Directive 2004 (.pdf) — Prepared by ERA Technology for the U.K. Department of Trade and Industry
• IPC Helps Industry Work Through Materials Declaration Implementation (.pdf) — IPC Review, December 2005 (Members Only)
• RoHS Compliance Proposal (.pdf) — European Industry Association