The Draft Rohs2 FAQ Document Too Complex to Achieve Clear Guidance

Mr Hans-Christian Eberl

Chairman RoHS2 WG

DG Environment

B-1049 Brussels

The draft RoHS2 FAQ document – too complex to achieve clear guidance

It is the companies that have the real problems when implementing RoHS2. Companies need to allocate money in their budget to be able to change product specifications, construction drawings, contracts with suppliers. All these activities are time and money consuming. Companies therefore ask for a practical guide that in a logical order explains details of the legislation.

• Each sentence in the FAQ is of importance when it comes to usefulness for companies and authorities. There are still unclear wording and therefore the FAQ need to be revised prior publication.

• It is the directive that applies. To ensure harmonized application of the RoHS2 the FAQ must interpret to directive strictly. Interpretations leading to an extended scope are not acceptable.

• The RoHS2 directive is now a directive under the new legislative framework, NLF. An important principle is that the FAQ should only guide on issues that are specific for ROHS I relation to administrative requirements.

Practical and detailed descriptions must be correct and explained

Each sentence in the FAQ is of importance when it comes to usefulness for companies and authorities. In the draft dated June 15 there are still unclear wording and as a consequence the role of the document will be weakened.

There are often specific wording that creates confusion, some examples are mentioned in the list:

• What is a “benchtop tool”? Q3.1
• We propose “ Fork lifts (counter balance)”Q7.1
• The wording about LSIT– a decision tree could be of help Q3.1
• The table is unclear regarding the expire dates Q10.1

It would be beneficial to add a list of abbreviations to the FAQ document.

The FAQ must achieve a harmonized application of the RoHS Directive

It is the directive itself that apply, it's important that the FAQ document keeps a strict interpretation of the directive. To ensure a level playing field the member states must have the same interpretation.

The implementation of RoHs1 was not harmonized; one example is that in Sweden cables were included in the scope. Therefore as for cables, in Q5.1, it is important that the exact scope regarding cables is applied in the FAQ by referring to both article 3(1) and article 3(5). Otherwise there is a risk that requirements of cables will still differ the next coming years.

Another unacceptable consequence of an unclear interpretation is the risk that the use of the FAQ extends the scope of the directive.

The FAQ shall guide on RoHS2 – not on general NLF issues

The same administrative routines for products should be applied regardless of policy area, it is crucial to avoid conflicts between individual directives. Guidance onthe general product issues should be ideally dealt within the new Blue Guide, but an introduction to facilitate the understanding and relation between RoHS and the NLF could be practical in the FAQ.

It is important that issues regarding administrative routines that specifically related to RoHS requirement and not specified in the NLF shall be dealt with in the FAQ.One example is the question about the DoC in Q9.10. Our conclusion that if a product is “still subject to the transitional period under RoHS2” then there are no legal requirements regarding chemicals and it is not necessary to describe this in the DoC. It could also be clearly stated that a DoC not needs to be accompanied the product, since that is not a requirement in the RoHS directive.

More about Teknikföretagen and RoHS

A lot of companies among Teknikföretagens members are within the scope of RoHS1 and many more within the scope of RoHS2. Teknikföretagen arranges regular meetings for member companies regarding RoHS, and most of times responsible officers from responsible authorities join the meetings. The opinion of Teknikföretagen is always discussed among member companies and based upon their experiences. Teknikföretagen is also a member of the Swedish National Committee of TC 111.

Teknikföretagen is a member of Orgalime and take active part in the work of the Orgalime Taskforce WEEE that deals with the RoHS and the WEEE directives.

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