Today, we’ll dive into two important EU directives related to the circular economy that are often applicable to machinery: the RoHS Directive and the WEEE Directive. Both directives have certain scope exclusions, and understanding these can help you navigate their requirements. Let’s explore the details of each directive and their implications for manufacturers and end-users of machinery.
What are the RoHS and WEEE Directives?
1. RoHS Directive: This stands for “Restriction of Hazardous Substances Directive.” It aims to reduce hazardous substances in electrical and electronic equipment (EEE) to protect human health and the environment.
2. WEEE Directive: This is the “Waste Electrical and Electronic Equipment Directive,” which focuses on the disposal and recycling of waste electrical and electronic equipment.
While both directives have similar scope and exclusions, they function differently. The RoHS Directive is a CE marking directive, which means products must comply with its requirements to be legally sold in the EU. In contrast, the WEEE Directive does not require a CE marking but instead uses the “wheelie bin” symbol with a cross and a bar underneath to indicate compliance and is implemented on a member state by member state basis.
Understanding the Scope of the RoHS Directive
The first step in understanding the RoHS Directive is to determine whether your machinery falls within its scope. According to the directive, it applies to electrical and electronic equipment (EEE) within categories listed in the Directive Annex I. These categories include:
• Large and small household appliances
• IT and telecommunications equipment
• Consumer equipment
• Lighting equipment
• Electronic tools
• Toys, leisure, and sports equipment
• Medical devices
• Monitoring and control instruments
• Automatic dispensers
• Other EEE not covered by the categories above
The final category, “other EEE,” is particularly vague and general, which means almost any electrical equipment could fall under its scope. To narrow this down, let’s look at the exclusions.
What Does the RoHS Directive Exclude?
Some equipment is excluded from the RoHS Directive, such as:
• Equipment necessary for national security, like arms and munitions
• Large-scale industrial tools and fixed installations
• Means of transport for people or goods, excluding non-type-approved electric vehicles (e.g., electric scooters or e-bikes)
• Non-road mobile machinery exclusively for professional use
For manufacturers of machinery, these exclusions can be crucial. Let’s explore some definitions to clarify these terms:
• Large-Scale Industrial Tools: These are large assemblies of machines or components working together for a specific purpose. They must be permanently installed or de-installed by professionals in industrial or research facilities.
• Large-Scale Fixed Installations: These involve combinations of various types of machinery or equipment assembled and installed permanently in a dedicated location by professionals.
Despite these definitions, terms like “large-scale” can still seem vague. Fortunately, a publicly available guidance document provides more clarity on what these terms mean and how to interpret them.
How to Use the Guidance Document for RoHS Compliance
The guidance document helps define the scope of exclusions for both large-scale industrial tools and fixed installations. Here are the key takeaways:
1. Understanding Large-Scale: The term “large-scale” can be subjective, but the document clarifies that it usually refers to the size, complexity, and weight of the equipment.
2. Examples of Exclusions: The document lists several examples of large-scale fixed installations and industrial tools that benefit from exclusions:
• Production lines, processing lines, and industrial robots
• Passenger lifts, conveyor transport systems, and automated storage systems
• Railway signalling infrastructure and non-residential HVAC systems
3. Examples of Large-Scale Industrial Tools: These include CNC lathes, bridge type milling and drilling machines, metal forming presses, and other similar large, complex machinery.
The guidance document also states that benchtop tools and IT equipment generally do not qualify for the “large-scale” exclusion and must be assessed individually.
How to Comply with the RoHS Directive
To comply with the RoHS Directive, manufacturers need to control the use of hazardous substances listed in Annex II of the Directive. Here’s how you can ensure compliance:
1. Component-Level Compliance: Most hazardous substances are found in electrical hardware and components, e.g. printed circuit boards (PCBs). To prove compliance, you should obtain confirmation of conformity from your suppliers stating that these components meet RoHS requirements.
2. Supplier Collaboration: Work closely with suppliers to obtain the necessary compliance statements or certifications. If any components are not compliant, consider finding a different supplier who can provide the required documentation.
3. Testing as a Last Resort: If you cannot obtain the necessary documentation, you may need to conduct testing to ensure compliance. Universities and third-party laboratories can offer testing services, but these can be expensive, so it is best to avoid this route if possible.
Understanding the WEEE Directive
The WEEE Directive shares the same scope and exclusions as the RoHS Directive. If a product falls under the scope of RoHS, it typically also falls under the WEEE Directive. The main difference is that while RoHS restricts the use of hazardous substances, the WEEE Directive focuses on the disposal and recycling of electrical and electronic equipment.
What Does Compliance with the WEEE Directive Involve?
The WEEE Directive places obligations on producers who put products on the market. In the UK, the directive requires producers to:
1. Register as Producers: Producers must register annually as producers of electrical and electronic equipment (EEE). If they place less than five tons of EEE on the UK market each year, they can register directly with the environmental regulator. Otherwise, they must join a Producer Compliance Scheme (PCS).
2. Join a Compliance Scheme: Producers must join a PCS that handles the recycling and disposal of their products. The PCS manages the recycling and reporting obligations for the producer.
3. Meet Disposal Requirements: Producers must ensure that their products are disposed of properly, contributing to the circular economy by reducing waste and promoting recycling.
Finding a Compliance Scheme
To comply with the WEEE Directive, you can find a list of approved Producer Compliance Schemes on the UK government website. Engaging with these schemes ensures that you meet all the requirements for disposing of electrical and electronic waste in the UK.
Conclusion
Understanding the RoHS and WEEE directives is essential for any business involved in the manufacture or import of machinery or electrical equipment. While RoHS focuses on restricting hazardous substances, the WEEE Directive emphasises responsible disposal and recycling.
By familiarising yourself with the scope, exclusions, and compliance steps for both directives, you can ensure that your products meet all regulatory requirements, contributing to a safer and more sustainable environment.
