2
14 September 2012
CECE, the Committee for European Construction Equipment, request to ameliorate guidance on the scope of the RoHS 2 FAQ document of 16 June.
Q1.6 Are batteries within the scope of RoHS?
It is unclear from the language included in the draft FAQs whether batteries are included within the scope of RoHS 2. The response to Q1.6 should start out by answering the question “No,” and then providing the rationale.
Q4.7 New question
CECE wants to have guidance for large-scale assembly of machines, equipment, and/or components, functioning together for a specific application, that is moved between different sites during its life time and also for cable powered construction equipment.
In the RoHS 2 FAQ document is stated at p10-11 for guidance on “large scale industrial tools” and "large-scale fixed installations” that tools and installations should be:
P10: “permanently installed” or “used permanently”
On p11 is mentioned:
“Machinery that has partial mobility, for example semi-mobile machinery running on rails, can be of ‘permanent use’. On the other hand, EEE that is intended to be used on different sites during its life is not considered as permanent. It is an indicator of permanent use if the equipment is not readily re-locatable (or ‘mobile intended’) and if it is intended for use at one single location.”
With this last paragraph CECE, the Committee of European Construction Equipment has problems to classify equipment that should be logically excluded from the directive but do not fit by that into the “large scale industrial tools” or "large-scale fixed installations”. These machines are e.g. non-permanent crushers, builder hoists, non-permanent lifts, etc. see pictures next page for clarification
There are also machinery without its own power source (e.g. cable powered) that are moved between working places that fall out of the scope of “non-road mobile machinery” while it is obvious that they should be excluded from the scope because there exist the same machine with its own power source (combustion engine). CECE wants them also to be excluded.
non permanent crusher
non permanent builder hoist
Cable powered concrete spraying machine
In the FAQ document there is given guidance on the interpretation of what is “permanent” in the direction of “for the whole life-time” while the above mentioned machines are “large scale temporary fixed/placed installations/tools.
Therefore CECE wants to add the following guidance at Part 4. Scope – Other exclusions, as a new Q4.7 this addition is based on existing wording of LSFI and covers the “moving” and “temporary fixing/placing” of these installations/tools.
Q4.7: Are large-scale assembly of machines, equipment, and/or components, functioning together for a specific application, that is moved between different sites or working places during its life time excluded?
A large-scale assembly of machines, equipment, and/or components, functioning together for a specific application, that is moved between different sites or working places during its life time and installed and de-installed by professionals at a given place, and used and maintained by professionals is considered as “non-road mobile machinery” (e.g. transportable crusher, builder hoist, externally powered construction equipment…).
Q7.10 How should “professional use” be interpreted?
The following language should be added to the response: “The exclusion for non-road mobile machinery made available exclusively for professional applies to all non-road mobile machinery which the machine manufacturer makes available on the market exclusively for professional use. Whether the non-road mobile machinery is made available exclusively for professional use should be judged by the intent of the machine manufacturer because the ultimate use of the non-road mobile machinery is out of the control of the manufacturer. Furthermore, the sole fact that non-road mobile machinery is made available in the rental market should not be considered as evidence that the non-road mobile machinery is not made available exclusively for professional use. non-road mobile machinery is often rented for professional use.”
Q8.3 Do components have to comply with RoHS 2?
CECE agrees that components used in products benefitting from an exclusion do not have to be CE marked and do not have to comply with the substance requirements, as stated in the last sentence of the response to Q8.3. However, the FAQs should include the following language to strengthen and clarify this point: “The substance restrictions in Annex II of RoHS 2 do not apply to any part of excluded equipment, including smaller electrical components installed on excluded equipment at the at the time this equipment is placed on the market. This means that the “specifically designed” exclusion does not need to be applied to electrical components that are already installed on excluded equipment when it is placed on the market.”
Contact person: Stephan Belaen, Tel: +32 2 706 82 25,
The European construction equipment industry comprises 1,200 companies from 14 European countries. The annual industry turnover exceeds 23 billion Euros. The sector employs 130,000 people directly and 400,000 indirectly in the supply chain or distribution and maintenance network. European construction machines represent around 30 per cent of the worldwide production.