21 November 2017, Directive (EU) 2017/2102 in the Official Journal of the European Union was published to amend the EU RoHS Directive 2011/65/EU, which mainly modified the use conditions of electronic equipment and its recycling components and the limitation period of exemption list. The directive is effective from 11 December 2017.

EEE

Directive 2011/65/EU is amended as follows:

 Artical No.

 Original Text

 Amendment 

Article 2

Paragraph 2

Without prejudice to Article 4(3) and 4(4), Member States shall provide that EEE that was outside the scope of Directive 2002/95/EC, but which would not comply with this Directive, may nevertheless continue to be made available on the market until 22 July 2019。

Delete

Article 2

Paragraph 4

At the end

Add the following point:

Kpipe organs

Article 2

Point (28)

non-road mobile machinery made available exclusively for professional use’ means machinery, with an on-board power source, the operation of which requires either mobility or continuous or semi-continuous movement between a succession of fixed working locations while working, and is made available exclusively for professional use。

“non-road mobile machinery made available exclusively for professional use ”means machinery, with an on-board power source or with a traction drive powered by an external power source, the operation of which requires either mobility or continuous or semi-continuous movement between a succession of fixed working locations while working, and which is made available exclusively for professional use.

Article 4

Paragraph 3

Paragraph 1 shall apply to medical devices and monitoring and control instruments which are placed on the market from 22 July 2014, to in vitro diagnostic medical devices which are placed on the market from 22 July 2016 and to industrial monitoring and control instruments which are placed on the market from 22 July 2017。

Paragraph 1 shall apply to medical devices and monitoring and control instruments which are placed on the market from 22 July 2014, to in vitro diagnostic medical devices which are placed on the market from 22 July 2016, to industrial monitoring and control instruments which are placed on the market from 22 July 2017, and to all other EEE that was outside the scope of Directive 2002/95/EC and which is placed on the market from 22 July 2019.

Article 4

Paragraph 4

At the end of the point (e)

Insert the following point :

(ea) all other EEE that was outside the scope of Directive 2002/95/EC and which is placed on the market before 22 July 2019;

Article 4

Paragraph 5

Paragraph 1 shall not apply to reused spare parts, recovered from EEE placed on the market before 1 July 2006 and used in equipment placed on the market before 1 July 2016, provided that reuse takes place in auditable closed-loop business-to-business return systems, and that the reuse of parts is notified to the consumer。

Provided that reuse takes place in auditable closed-loop business-to-business return systems, and that the reuse of spare parts is notified to the consumer, paragraph 1 shall not apply to reused spare parts:

(a)  recovered from EEE placed on the market before 1 July 2006 and used in EEE placed on the market before 1 July 2016;

(b) recovered from medical devices or monitoring and control instruments placed on the market before 22 July 2014 and used in EEE placed on the market before 22 July 2024;

(c) recovered from in vitro diagnostic medical devices placed on the market before 22 July 2016 and used in EEE placed on the market before 22 July 2026;

(d) recovered from industrial monitoring and control instruments placed on the market before 22 July 2017 and used in EEE placed on the market before 22 July 2027;

(e)  recovered from all other EEE that was outside the scope of Directive 2002/95/EC and which is placed on the market before 22 July 2019, and used in EEE placed on the market before 22 July 2029.

Article 5

Paragraph 2

Subparagraph 2:

For the exemptions listed in Annex III as at 21 July 2011, the maximum validity period, which may be renewed, shall, for categories 1 to 7 and 10 of Annex I, be 5 years from 21 July 2011 and, for categories 8 and 9 of Annex I, 7 years from the relevant dates laid down in Article 4(3), unless a shorter period is specified.

Replaced by:

For the exemptions listed in Annex III as at 21 July 2011, unless a shorter period is specified, the maximum validity period, which may be renewed, shall be:

(a)  for categories 1 to 7 and category 10 of Annex I, 5 years from 21 July 2011;

(b)  for categories 8 and 9 of Annex I, 7 years from the relevant dates laid down in Article 4(3); and

(c)   for category 11 of Annex I, 5 years from 22 July 2019。

Article 5

Paragraph 4

At the end of the point (b)

Insert the following point :

(ba) within 1 month of receipt of an application, provide to the applicant, the Member States and the European Parliament a timeline for the adoption of its decision on the application;

Article 5

Paragraph 5

The Commission shall decide on an application for renewal of an exemption no later than 6 months before the expiry date of the existing exemption unless specific circumstances justify other deadlines.

Delete

Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive by 12 June 2019 and immediately inform the Commission thereof. When Member States adopt those measures, they shall contain a reference to this Directive or be accompanied by such a reference on the occasion of their official publication. The methods of making such reference shall be laid down by Member States.

 


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Annex III to Directive 2011/65/EU amended to exempt cadmium in LEDs

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