Keller and Heckman LLP: RoHS Recast Final and Official; Implementation Dates Abound

Keller and Heckman LLP: RoHS Recast Final and Official; Implementation Dates Abound

Keller and Heckman LLP

The Official Journal of the European Union has published Directive 2011/65/EU on the Restriction of the Use of Certain Hazardous Substances in Electrical and Electronic Equipment (recast RoHS), following the European Council's formal adoption of the version we reported on earlier this year. As discussed in our February article, Partner Jean-Cyril Walker Discusses EU's Proposed Recast of RoHS in SMT Magazine Article, the recast expands RoHS' scope by phasing-in coverage of all electronic and electrical equipment (EEE) by 2019. Other major changes include adding new categorical exclusions, creating a formal exemption process, and imposing compliance obligations throughout the supply chain. The recast RoHS entered into effect on July 27, 2011. Below we highlight the critical implementation dates and timelines:

Transposition

   Member States must adopt implementing laws and regulations by January 2, 2013.

New EEE Categories

   Medical Devices and monitoring and control instruments placed on the market starting July 22, 2014.

   In vitro diagnostic medical devices placed on the market starting July 22, 2016.

   Industrial monitoring and control instruments placed on the market starting July 22, 2017.

   Catch-all EEE category starting July 22, 2019.

Reused Spare Parts

   Reused spare parts are covered, except those recovered from EEE placed on the market before July 1, 2006 and used in equipment placed on the market before July 1, 2016, if the reuse takes place in an auditable, closed-loop business-to-business return system and the consumer is notified of the reuse.

Review & Amendment of Restricted Substances

   The European Commission must review the existing list of 6 restricted substances and consider amending the list by July 22, 2014.

   After July 22, 2014, the Commission must only review the list upon its own initiative or following the submission of a proposal by a Member State.

Exemption Time Limitations & Renewals

   In general, the length of an exemption depends on the potential adverse impacts on innovation and the life-cycle analysis of possible alternatives.

   For medical devices and monitoring and control instruments (including industrial monitoring and control instruments), the maximum period of exemption is 7 years.

   For all other EEE categories, the maximum period of exemption is 5 years.

   The Commission will renew exemptions on a case-by-case basis and renewal requests are due 18 months before the exemption expires.

Review of the Directive

   By July 22, 2014, the Commission must examine the need to amend the scope of EEE covered, and submit to the European Parliament and Council a report of its findings accompanied by a legislative proposal for any additional exclusions.

   By July 22, 2021, the Commission must conduct a general review of the Directive and submit to the European Parliament and Council a report of its findings accompanied by any legislative proposals.

For more information, please contact J.C. Walker (202) 434-4181, walker@khlaw.com or Adrienne Timmel (202) 434-4164, timmel@khlaw.com.

The khlaw.com web site is intended to provide information of general interest and is not intended to offer legal advice about specific situations or problems. Keller and Heckman LLP does not intend to create an attorney-client relationship by offering this information, and anyone's review of the information shall not be deemed to create such a relationship. You should consult a lawyer if you have a legal matter requiring attention. For further information, please contact a Keller and Heckman lawyer. However, unless you are a client, your e-mail is not privileged or confidential. Even if you are a client, remember that e-mail is not secure. Sensitive or confidential messages should be encrypted.

For more information about LexisNexis products and solutions connect with us through our corporate site.