The wider implications of RoHS

If you're a manufacturer of white goods, consumer equipment, business equipment or a raft of other tools and equipment, then you need to be on top your own processes and those of your suppliers to make sure you're meeting RoHS requirements. David Moss offers this guidance.

The past few years have been characterised by waves of new legislation and directives permeating industry, commerce and the infrastructure. Some have merely reinforced best practise, others have (arguably) stifled innovation. What most have had in common, though, is that they have been complaint driven: a product may not, for example, meet the EMC Directive, but if there is no complaint then no crime has been committed. But the Restriction of Hazardous Substances (RoHS) Directive is very different.

From the 1st July 2006 any new products ‘put onto the market’ in Europe must comply with the RoHS Directive - and it will be actively enforced by the authorities. The very real threat, then, is that many ‘ignorant’ businesses could find themselves in hot water.

The Directive severely limits the use of six hazardous substances - Lead, Mercury, Cadmium, Hexavalent Chromium, Polybrominated Biphenyl flame retardants and Polybrominated Diphenyl Ethers (the flame retardants used in some plastics) - in the manufacture of various types of electronic and electrical equipment. The RoHS Directive takes its scope from eight of the ten categories of the WEEE (Waste Electronic and Electrical Equipment) Directive. These are:

1. Large household appliances.
2. Small household appliances.
3. IT and telecommunications equipment.
4. Consumer Equipment.
5. Lighting equipment (including light bulbs and household luminaries).
6. Electronic and electrical tools.
7. Toys, leisure and sports equipment.
8. Automatic dispensers.

The equipment must not contain more than the permitted concentrations of the hazardous substances, and any products "put onto the market" in Europe must be compliant. That covers both products that are manufactured in EU member states and available for sale there, and products that are imported into the EU.

Widespread effects

The effects of this Directive are widespread. RoHS doesn't just affect those companies involved in the supply chain of the specified categories of electronic equipment; it also has wider implications for the manufacture, distribution, and use of components. In fact, the RoHS Directive states that the ‘producer’, which is defined as the company that manufactures and sells the product under its brand name, is responsible for compliance under the Directive. In some cases, the importer of the equipment into a member state can be designated as the ‘producer’”, and will therefore have to assume all the responsibilities under the definition of ‘producer’.

By placing their products on the market, producers are declaring that these comply with RoHS legislation. This is the basis for ‘self-declaration’ which is used for other European Union directives. There are no requirements for the application of a specific mark or testing by independent third parties. However, the authorities within each member state will carry out market surveillance and conduct checks on products. If a product is found to contain a banned chemical, then all products may be removed from the market and the company responsible ("producer") may face severe fines, particularly where the non-compliance event is due to negligence or wilful misconduct.

The defence of ‘due dilligence’ is of course available, and the guidelines helpfully suggest that producers might wish to undertake their own analysis of the components or materials that they use in the manufacturer of their products. In practical terms, though, the best means of assuring compliance is to purchase materials and components which are themselves compliant, complete with the assurance of supplier declarations. The supplier declarations are important because producers must be able to demonstrate compliance by submitting technical documentation or other information to the enforcement authority on request, and retain such documentation for a period of four years after the equipment is placed on the market.

Exempt and non-exempt products

Exemption is perhaps the most misunderstood and misperceived aspect RoHS Directive. The RoHS Directive does consider products manufactured for certain industries, such as military and medical, to be exempt until 2010. Additionally, specific substances are exempt from certain applications, such as the use of lead in solder for networking products. These exemptions, however, provide a false sense of security.

In fact, I believe that companies that leverage exemptions will be more adversely impacted than those who comply with the RoHS Directive in full.

Another misconception is the assumption by some companies that products they ship to outside the EU will be exempt. However, countries such as China, Taiwan, and Japan, along with 27 US states are currently developing legislation that will follow the example of the EU. One example is California, which will adopt the EU's RoHS Directive in January 2007, only six months after the EU's effective date.

As part of GarrettCom's commitment to becoming the supplier of choice for Ethernet products, we are fully committed to having all of our products RoHS compliant by the 1st of July 2006. RoHS compliant products will have the letter ‘Z’ at the end of product numbers to allow easy differentiation and will be supported by appropriate documentation. At the same time, GarrettCom will also be able to provide non-RoHS compliant products for customers that are exempt such as the Military.

I would urge all electronics manufacturers to listen to their customers and monitor their competitors. Already, several companies have been shocked to discover that their customers are not only requiring compliance independent of the legislation, but are doing so sooner than the dates dictated by the EU. In fact GarrettCom have already taken an order for RoHS compliant 6K25 Managed Ethernet Switches from Lucent Technologies.

It's important to realise that RoHS is here to stay, and that it will only gain momentum over time. Companies should accept this reality and develop a RoHS migration strategy for all of their products.

David Moss is with GarrettCom which designs, manufactures and markets Ethernet LAN products for telecommunications and industrial applications. For more information, visit www.garrettcom.co.uk

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