Lead Free Design - RoHS

How do I know if my products must comply?

There are two major RoHS directives in place:  EU RoHS and China RoHS

While EU RoHS is effectively a "self-reporting and compliance" directive, with the possibility of retroactive enforcement; China RoHS requires stringent marking before March 1, 2007, and China-approved testing prior to product entry into China.

China RoHS and EU RoHS are very different...

EU RoHS Compliance

The EU RoHS Directive applies to Electrical and Electronic Equipment (EEE). EEE is defined as any product that requires electricity to fulfill its primary function. The electrical source can be external or internal (note: there are exemptions for very high voltage equipment)

The primary function of a product is the main reason for its ownership and use and not its value added properties. There often seems to be confusion between primary function and ancillary function, particularly when considering monitoring and control functions. In many cases this seems to be due to the way a company markets and sells their products.

It is very important for the application of RoHS requirements that you have clarity of what the primary function, the main reason for your product’s existence is.

Examples:

Radio control equipment

Radio control handset and servo sets (normally used for controlling models and toys) are often sold separately from the devices they will eventually control. This could suggest that they are exempt because it is clearly control equipment. However, the primary function of the radio controller is as an accessory to allow a model or toy to fulfill its function and support a leisure activity. This would place it under category 7 and therefore the product must comply.

Street light

A street light has a photo sensor built in to automatically switch the light on when the ambient light level drops. The control unit is sometimes produced and supplied separate from the lamp fixture. However, the primary function of the street light is to provide light, not to detect when it is dark. Therefore it must comply.

Child's toy "baby" doll

The doll in this case has an ancillary electronic "voice" which speaks phrases when a button is pushed. The electronic speech mechanism is integrated into the toy. It would seem that the doll must therefore comply with the RoHS directive. However, the primary purpose of this particular doll is that of an inanimate toy - that is, the speech mechanism is not primary to the doll's purpose. Therefore, it is not subject to the RoHS directive.

China RoHS

On November 6, 2006, China's Ministry of Information signed three standards into law:

• Marking: labeling and information disclosure
• Levels: maximum concentration value
• Testing: testing methods

Except for the Marking standard, the final official China RoHS standards have not been published but are expected soon. The official standard for the Marking phase was published in Chinese in early December of 2006.  Copyrighted English translations are available from several vendors.

EU RoHS compliance does not equal China RoHS compliance.  EU RoHS has no Marking requirements.  China RoHS Marking requirements are stringent.

Many components with EU RoHS certificates will still have hazardous materials which must be disclosed.  In addition, EU RoHS exempts many products and components from compliance.  China RoHS currently has no RoHS exemptions.

The need for material declaration documents is part of China RoHS, as well as several other Asian directives (Sony Green, Mitsubishi Sumitomo, and the emerging Korea RoHS standard).  These directives appeared in the second half 2006, long after EU RoHS efforts were underway.

EU RoHS only requires "Certificates of Compliance", not material declaration documents for each component.  Most EU RoHS documents do not have the information needed to evaluate or support China RoHS Marking compliance.

Summary:

There are many classes of products that are completely exempt from EU RoHS requirements. EU RoHS requires no marking, and compliance is demonstrated by certificates of compliance documents, laboratory testing and due diligence practices.

China RoHS is not been completely implemented.  The types and levels of restricted substances generally the match ER RoHS standard.  The first phase, Marking, is required of all electronic information products, listing the presence of any quantity of any of the restricted materials.  In the near future, testing at approved Chinese laboratories will be a requirement for most products.  There are currently no exemptions by class or category.

Material declaration sheets are required to justify your China RoHS marking decisions.  These documents and charts must be in Chinese. This type of documentation is very different from the documentation required for EU RoHS. With China RoHS, the possibility of an audit is much higher, as an audit can be requested from any down stream recepient of your marking documentation and product.

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