Recast of the RoHS Directive

old TV EU legislation restricting the use of hazardous substances in electrical and electronic equipment (RoHS Directive 2002/95/EC) and promoting the collection and recycling of such equipment (WEEE Directive 2002/96/EC) has been in force since February 2003. The legislation provides for the creation of collection schemes where consumers return their used e-waste free of charge. The objective of these schemes is to increase the recycling and/or re-use of such products. It also requires heavy metals such as lead, mercury, cadmium, and hexavalent chromium and flame retardants such as polybrominated biphenyls (PBB) or polybrominated diphenyl ethers (PBDE) to be substituted by safer alternatives.

Inadequately treated e-waste poses environmental and health risks. In December 2008, the European Commission therefore proposed to revise the directives on electrical and electronic equipment in order to tackle the fast increasing waste stream of such products. The aim is to increase the amount of e-waste that is appropriately treated and to reduce the volume that goes to disposal. The aim of the RoHS recast was also to reduce administrative burdens and ensure coherency with newer policies and legislation covering, for example, chemicals and the new legislative framework for the marketing of products in the European Union. The RoHS Recast Directive was published in the Official Journal on 1 July 2011.

History of the RoHS Recast:

Press release on the proposed revised WEEE and RoHS directive (Dec 2008)
Proposal for a revised directive placing restrictions on certain hazardous substances in electrical and electronic equipment (Dec 2008)
Impact assessment on the proposed directive placing restrictions on certain hazardous substances in electrical and electronic equipment (Dec 2008)
Summary of the impact assessment on RoHS (Dec 2008)
Questions and answers on the RoHS proposal (Dec 2008)
The European Parliament voted in first reading on 24 November 2010. More information
Press release of 24 November 2010
The Council adopted the Recast Directive (RoHS 2) on 27 May 2011. Next steps will be formal signature and publication. More information
RoHS 2 was published in the Official Journal on 1 July 2011; entry into force on 21 July 2011. More information
Press release of 20 July 2011

Status of the WEEE/RoHS TAC Working Group preparing a RoHS 2 FAQ Paper:

The Technical Adaptation Committee on the RoHS & WEEE Directives met on 21 October 2011. At that meeting, the Commission and Member States agreed to establish an official working group, pursuant to the TAC rules of procedure, for the preparation of an FAQ document for the new RoHS Directive 2001/65/EU (known as RoHS 2).

The existing Commission FAQ document related to 2002/95/EC will remain valid until that Directive is repealed on 3 January 2013. With that in mind, it was agreed that the WG should move swiftly with a view to producing the new FAQ Document by the middle of 2012 so that stakeholders can make use of it as they get ready for RoHS 2 coming into effect on 2 January 2013.

The WG consists of a small number of Member States with the Commission chairing and the UK acting as Rapporteur. They met for the first time in Brussels on 14 November and have been meeting regularly since then with further meetings scheduled for 19 January, 10 February and 1-2 March 2012.

The WG will take into account written contributions provided by stakeholders and may request industry or others to attend meetings as necessary. There will also be close links with the Commission consultant BIOIS/ERA who are gathering evidence in connection with the Commission Impact Assessment on RoHS 2. The WG will report back to the TAC members on a regular basis and when the document has been drafted, the Commission will carry out a full public consultation.

Any additional written contributions should be sent to the Chair or Rapporteur. Contact details are:

The Commission – Hans-Christian.EBERL@ec.europa.eu

The Rapporteur – iain.nicol@bis.gov.uk or peter.askew@bis.gov.uk