European Commission Proposes Revisions to WEEE and RoHS Directives

The Commission of the European Communities has proposed extensive revisions to the WEEE (Waste Electrical and Electronic Equipment) and RoHS (Restriction of Hazardous Substances) Directives, a move that requires the attention of all electronics manufacturers producing products destined for the European market. These two directives have been in effect since 2004 and essentially mandate the recycling of equipment and the elimination of certain hazardous substances from being included in the manufacture of such equipment. The stated intent of the changes is to simplify and clarify the scope and requirements of this legislation, thus making enforcement easier and environmental protection more effective.Specifically, there have been changes to the scope of the directives; the spare parts definition has been changed; the inclusion of six hazardous substances in spare parts is prohibited; there is a new Annex III to RoHS; and the REACH (Registration, Evaluation and Authorization of Chemicals) Directive is referenced. Also, importers would now be included within the definition of manufacturers, and a definition of “homogeneous material” has been added to RoHS. Reaction to the proposed changes has been mixed—with some critics asserting that the new “clarifications” have, in fact, added ambiguities that will necessitate additional interpretation. The entire 57-page proposal can be found on the Commission’s website.