Exemptions
Large-scale stationary industrial tools
Large scale industrial tools are specifically exempt under category 6. There is no present clear guidance on the scope of EEE covered by this exemption and it is therefore difficult for us to give advice with certainty. Our present view is based on all of the following criteria:
- Consist of a combination of equipment, systems, products and/or components (therefore not a singe discrete tool such as a small or medium scale lathe, milling machine or pillar drill)
- Be a tool and not be covered under any other category
- Be required to be fixed to operate safely or within specification
- Be of ‘large-scale’
- Require professional installation
- Only be used in an industrial environment
- Be built to perform a specific task
See also DecisionTree
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Military, national security and fixed installations
These are not specifically mentioned in the draft regulations nor the directive. The view of BIS is that Article 2, subpoint 3 of the WEEE Directive includes a derogation for ‘Equipment which is connected with the protection of the essential interests of the security of Member States, arms, munitions and war material shall be excluded from this Directive. This does not, however, apply to products which are not intended for specifically military purposes.’
This also applies to the RoHS Directive, as explained in the European Commission's non-legally binding guidance which takes the form of a Frequently Asked Questions document on page 5.
The point about products not intended for specifically military purposes means that for example a radio supplied to the military, but also used by civilians, would still have to comply with the requirements of RoHS.
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My product is bolted down in use. Is it a fixed installation?
No, just being fixed is not sufficient. The intention of the fixed installation exclusion follows the same principles as the exclusion for vehicle mounted equipment. ‘Products that become part of a product that is outside the scope of the directive are outside the scope of the directive’. In the case of fixed installations the intention is that the product becomes part of the fabric of the building. Once fitted is the equipment discernable from the rest of the building or has it become part of the building? If a business were to move would they be likely to move or leave the product? Lifts, electric doors and gates etc are fixed installations, fitted kitchen appliances, large fixed equipment, cctv camera systems are not.
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New exemptions
We cannot advise on new exemptions until they are included in regulation. Seek guidance from BIS policy on the progress of exemptions.
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Servers and network infrastructure
The exemptions listed for servers and network infrastructure is only for lead in solder in the EEE. Lead used elsewhere in the product, lead in solder in ancillary devices and limits on other restricted materials still apply. This type of EEE is not exempt from RoHS.
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Other
Ancillary parts
All parts sold as part of the product are capable of being considered part of the product for the purposes of RoHS. Whether a part is considered part of the product may depend upon such considerations as interdependence, expected inclusion in WEEE and product description. This may include items such as:
- Playing pieces or dice in a game requiring electricity to play
- Cases supplied with the product (example: a protective case supplied with a power tool)
It does not include items such as:
- Packaging
- Instruction manuals
- Consumables such as printer cartridges, jigsaw blades and drill bits
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Are extension cables and plug adaptors within the scope of RoHS?
The Commission FAQ shows that cables fall within the scope of RoHS, stating in point 1.17; “Antennas and cables meet the definition of electrical and electronic equipment (EEE) under the WEEE and RoHS Directives.”
Article 3 of the RoHS Directive refers to “equipment for the generation, transfer and measurement of such currents and fields”, as being within scope too. Generally the products would fall into Category 2 as small household appliances, but the Category could vary depending on the use for which the product is intended.
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Are LEDs within the scope of RoHS?
LEDs sold individually are considered to be components rather than an electrical product and therefore are not within the scope of RoHS. However, when being used as part of electrical equipment, LEDs do fall within scope and therefore should be compliant. For instance, an LED lamp is covered by the Directive.
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Are solar panels/wind turbines within the scope of RoHS?
Solar powered equipment is considered to be within the scope of RoHS where it falls under one of the general categories. The solar component within the equipment is considered to have an exemption due to the implied exclusion under Article 13 of WEEE. Therefore a solar powered calculator would be in scope as Category 3 but the solar panel component does not have any material restrictions under RoHS.
Wind turbines would be considered to be part of the RoHS Directive under Article 3 (a), as they are products used for ‘the generation, transfer and measurement of such currents’. Equipment that generates energy is considered to be doing work and is therefore under the general meaning considered a tool. Wind farms are a number of pieces of equipment brought together in a single location to carry out a specific task and are not supplied as a single commercial functional unit. Therefore because they are generally considered as tools the LSIT exclusion can be applied.
RoHS Directive
WEEE Directive
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Cables
The present Commission view is that cables both included within EEE and sold separately do fall within RoHS. BIS are in discussion with the Commission over this but until there is a change the Commission view stands.
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Do we need to place a mark on our product to show it complies with RoHS Regulations?
A. There is no obligation or standard marking to show RoHS compliance. For compliance with the WEEE Directive however, a ‘crossed out wheeled bin’ symbol must be used. For more information, click here.
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Does packaging used for a product need to comply with RoHS regulations?
Any packaging that is discarded after purchase of the product is not considered to be part of the EEE and therefore does not fall within the scope of the RoHS regulations. However, compliance of a case or packaging that forms part of, or may remain with, the product and may be disposed of with the product may need to comply and must be judged on a case by case basis.
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Is there a RoHS approved Certificate?
There is no prescribed requirement for certification in the UK. There is only a requirement in the UK that an EEE product ‘producer’ has documentation to demonstrate compliance. Therefore there is no expiry time or other prescribed approaches to the format of certificates.
Please read Annex D of the linked document.
RoHS Guidance January 2010
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RFID chips and security tags
There is a range of chips and tags used for stock control and retail security. These are often adhered to the packaging of other products. These are considered products in themselves and EEE used by the business. They are not part of the product packaging of the tagged products. Therefore in our opinion RoHS requirements apply.
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Semiconductor Evaluation Boards
The term Evaluation boards covers a broad range of products from some fairly simple products to fully integrated complex systems. In most cases an evaluation board is effectively a single board computer allowing connection of peripherals and/or input devices to facilitate the programming and testing of chips. Therefore most evaluation boards are included under Category 3 IT Equipment of the WEEE directive and must therefore comply with RoHS. On rare occasions these boards may be considered consumables and fall outside the scope of RoHS as described in the
Commission FAQ .
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Uninterruptible Power Supplies (UPS)
UPS are commonly used in the IT industry and as such would normally be considered to fall under WEEE Category 3. However, the function of a UPS is to monitor the supplied power and control any fluctuations in that supply. Therefore the most appropriate category would be WEEE Category 9 which is outside the scope of RoHS.
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We are mostly RoHS compliant but there is one part we have difficulty sourcing. Can we continue to use?
We cannot advise you that you can break the law. From the 1 July 2006 all products you place on the market must be compliant. You place non-compliant product on the market at your own risk.
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Weighing Machines
We have spoken with BIS and looked at carefully the applicability of RoHS regulations to weighing instruments. Our view is:
- Scales and weighing machines used in a domestic environment (for example, kitchen and bathroom scales) are covered by the regulations and must comply
- Stand alone weighing instruments or primary function weighing instruments/machines used for trade or schedule 3 applications in a professional environment will normally be considered category 9 and therefore exempt.
- Medical weighing instruments are category 8 and therefore exempt
- Weighing instruments that are included in a larger system which has a primary function other than weighing, that fits within another category in the regulations (for example, an EPOS as IT and data control equipment) are included within the scope of the regulations and must comply.
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What category are GPS units?
GPS systems is an interesting question. The two clear choices are category 9 monitoring and control (location devices) or category 3 as part of a radio network system. We tend towards them being network equipment. Therefore they would be category 3 and need to comply with the regulations.
They would not be entitled to use the exemption for lead in solder because failure of a receiver does not effect the network.
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Who are the Authorities responsible for RoHS outside the UK in another member state?
Please see this attached file
ERA Directory supplied with thanks by
ERA Technology. This is presently the best concise list of authorities operating within the EU we are aware of. When we become aware of further information we will update this document in partnership with ERA.
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Placing on the Market
Can I continue to manufacture items I was manufacturing before 1 July 2006 without modification?..
No, the EC's 'Guide to the implementation of directives based on the New Approach and the Global Approach' (the 'blue guide' available
here) states that, "the concept of placing on the market refers to each individual product, not to a type of product, and whether it was manufactured as an individual unit or in series." In other words any item of electrical or electronic equipment covered by the RoHS scope that is placed on the EU market from 1 July 2006 will have to comply, regardless of whether it is one of a line of products that existed before that date.
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Can I import for own use??
No, the EC's 'Guide to the implementation of directives based on the New Approach and the Global Approach' (the 'blue book') available
here states note (30) in the side bar of page 18 under note (30) “Thus, imports for own use are also considered placed on the market…”. Therefore it is our view that EEE imported into the EU for own use even from another branch of the same organisation outside the EU must comply.
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Can I manufacture non-compliant EEE in-house for own use?
Yes, the EC's 'Guide to the implementation of directives based on the New Approach and the Global Approach' (the 'blue book') available
here states note (30) in the side bar of page 18 under note (30) “…products built for own use are, generally, not considered as being placed on the market.” Therefore it is our view EEE manufactured for own use is not placed on market and therefore does not have to comply.
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Can I stockpile non-compliant EEE for sale after 1 July 2006?
No, the EC's 'Guide to the implementation of directives based on the New Approach and the Global Approach' (the 'blue book') available here states Under the sixth bullet point in section 2.3.1 that "placing on the market is considered not to take place where a product is in the stocks of the manufacturer…". Therefore it is our view that goods stockpiled in a manufacturer’s warehouse are not yet on the market.
However, this applies to manufactured goods; imports of finished product that have cleared customs and are being held by the producer without any further process required are on the market.
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We have a product that is not RoHS compliant. Can we use this as a prototype for use at an exhibition?
The Blue Guide states that product is not considered to be placed on the market when it is displayed at trade fairs, exhibitions or demonstrations. However, it must be clearly marked as not being placed on the market and must not be put into use – as such, any non-compliant product is for display purposes only. Prototypes for experimentation may be used providing they are not made available on the EU market.
The
Blue Guide states; “A product may be put into service without prior placing on the market (such as a product manufactured for own use). In such a case the person who puts the product into service must assume the responsibilities of the manufacturer. Accordingly, he must ensure that the product complies with the directive, and that appropriate conformity assessment has been carried out.”
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What are the rules regarding the repair of product placed on the market prior to 1st July 2006?
The RoHS Directive does not apply to spare parts for the repair, or reuse, of electrical and electronic equipment placed on the market before 1st July 2006 (Article 2(3)). This is to allow old equipment to be maintained with spare parts and to ensure that old electrical and electronic equipment is reused.
It is permissible to place on the market spare parts - containing the hazardous substances - for the repair of old equipment (put on the market before 1st July 2006), but not to repair new equipment (put on the market after 1st July 2006). The marketing of spare parts containing banned substances for the repair of new equipment would prolong the existence of hazardous substances in the waste stream and hamper efforts to increase recycling.
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Use of Marking Requirements and Logos
Can we use your logo to put on our product/website to show we are compliant?
Our logo is owned by us and should not be used. Several organisations have designed their own RoHS logo for commercial reasons.
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Do we need to place a mark on our product to show it complies with RoHS Regulations?
There is no obligation or standard marking to show RoHS compliance. For compliance with the WEEE Directive however, a ‘crossed out wheeled bin’ symbol must be used. For more information, click here.
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If a product carries a CE mark does this mean it is covered by the RoHS compliance criteria or not?
RoHS is not a CE marking Directive. Therefore the CE mark does not provide any information of likely RoHS compliance.
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Is there a RoHS logo that we can place on our product/packaging to show our product is RoHS compliant?
There is no requirement to place markings of RoHS compliancy on a product so there are consequently no prescribed or approved RoHS logos.
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We wish to use a label to show RoHS compliance. Does the label itself and the ink used need to be compliant?
Yes. Any homogenous material that makes up the final product must be compliant with the RoHS Regulations.
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