RoHS : Frequently asked questions

What are the WEEE and ROHS Directives?

WEEE stands for Waste Electrical and Electronic Equipment. ROHS stands for the Restriction of Certain Hazardous Substances in electrical and electronic equipment . Both the WEEE and ROHS Directives are pieces of European legislation which require all European member States, to improve the way we manage WEEE.

Why do we have these Directives, are they really neccessary?

Implementing the Directives' requirements should reduce risks to human health and environment through the proper treatment of waste and a reduction in hazardous substances. We also expect benefits through the conservation of raw materials and of energy resources. For most of the products covered by the study, we found that the Directives should lead to a reduction in air pollution, including CO₂ and ozone depleting substances, and water toxicity by more than 50% when compared to existing practice. In particular, the WEEE Directive will help us to divert between 133,000 and 339,300 tonnes of waste from landfill and the ROHS Directive should help future recycling through reducing the need for special handling, allowing a reduction in recycling costs.

Are WEEE and ROHS 'Single Market' Directives?

'Single Market' Directives are a specific type of EU legislation that apply to all member States and must be implemented in the same way to prevent differences in interpretation across the Union. This is especially important for Directives setting standards for products, since it means that manufacturers won't have to make different products for each member State. The WEEE Directive is not a single market Directive. It sets minimum criteria that member States may exceed if they wish. The ROHS Directive is a single market Directive, since it sets product standards.

Are the two Directives related?

What types of equipment do the Directives cover?

The WEEE Directive includes a list of categories of electrical and electronic equipment. These are presented in Annex 1A of the Directive. There are 10 categories ranging from large household appliances to automatic dispensers. Annex 1B of the Directives lists some example products within each of these categories. However, this is only a list of examples and other products, which fit into the categories, are also included. The ROHS Directive applies to the same products as covered in the Annexes to the WEEE Directive with the exclusion of categories 8 and 9 (medical devices and monitoring & control instruments).

What does 'producer responsibility' mean?

Producer responsibility means making the 'producer of a product' responsible for the product once it becomes waste. At the moment in some EU states, the company or individual disposing of waste is responsible for the costs of its disposal or recycling. The general public pay for waste management through council tax payments and businesses pay waste collection companies to remove and manage their waste. In the future, producers of electrical products will be paying for the management of their products once they become waste.

Who is a producer?

A 'producer' of electrical or electronic products includes companies, which manufacture electrical or electronic products, but also importers of electrical and electronic products. Producers will also include retailers who sell their own branded products and assembly companies selling their own branded products.

We hear much more about the WEEE Directive than the ROHS Directive. Why?

The ROHS Directive is legally more 'clear cut', however commercially it is potentially more important. It requires producers to ensure that products they 'place on the market' do not contain lead, mercury, hexavalent chromium and certain brominated flame retardants (polybrominated biphenyls and polybrominated diphenyl ethers) from 1 July 2006.

What does 'placed on the market' mean?

The ROHS Directive restricts what kind substances can be present in electrical products sold on the European market. If a product contains one of the restricted substances, it will be illegal to sell this in Europe after 1 July 2006.

Are there any exemptions?

The Annex of ROHS Directive lists a number of exemptions where the restricted substances can continue to be used. This list of exceptions can be reviewed at European level. Additional exemptions can be proposed when the elimination or substitution with other substances is technically or scientifically impracticable or would cause other undesirable impacts. However, this review process will take time and any further exemptions will need to be supported sufficient and suitable evidence. It will need to be agreed at European level.

What about low levels of the restricted substances which may be found naturally in particular materials or components?

The Directive recognises that low levels of the restricted substances may be found in electrical products or components. A committee at European level will be establishing maximum concentration levels of the restricted substances, which will allow certain minimum levels to exist in products.

Can we continue to sell products containing the restricted substances outside Europe?

As the ROHS Directive is a European Directive, it will be implemented in all European Member States. Countries outside the European Union will not need to impose the same restrictions however they may choose to do so under their own domestic legislation.