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The EU has issued RoHS 2 amending Directive (EU) 2017/2102 concerning the application scope and the exemption validity period.

SAFEGUARDS | Electrical & Electronics NO. 010/18

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On November 21, 2017, the EU issued directive 2017/2102, the latest directive to amend 2011/65/EU on RoHS 2.

On July 1, 2011, the Official Journal of the European Union published 2011/65/EU [1] (RoHS 2), which expanded the product scope to all categories of electrical and electronic equipment (EEE). Additionally, the restricted substances list was amended to add four phthalates by Directive (EU) 2015/863 [2], which was published on June 4, 2015 by the Official Journal of the European Union. The latest amending directive of RoHS 2 was (EU) 2017/2102 issued by the European Union on 21 November 2017.

According to (EU) 2017/2102, the main amendments for Directive 2011/65/EU are as follows:

1. Pipe organs are excluded from the scope of RoHS 2.

2. The definition of “non-road mobile machinery made available exclusively for professional use” is amended.

3. ‘All other EEE that was outside the scope of Directive 2002/95/EC and which is placed on the market before 22 July 2019’ is added to be under the scope of RoHS 2.

4. A new 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;’ is newly added to paragraph 4, Article 4 of 2011/65/EU.

5. 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 July 1, 2006 and used in EEE placed on the market before July 1, 2016.
b) Recovered from medical devices or monitoring and control instruments placed on the market before July 22, 2014 and used in EEE placed on the market before July 22, 2024.
c) Recovered from in vitro diagnostic medical devices placed on the market before July 22, 2016 and used in EEE placed on the market before July 22, 2026.
d) Recovered from industrial monitoring and control instruments placed on the market before July 22, 2017 and used in EEE placed on the market before July 22, 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 July 22, 2019, and used in EEE placed on the market before July 22, 2029.        

6. For the exemptions listed in Annex III as at July 21, 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, five years from July 21, 2011.
b) For categories 8 and 9 of Annex I, seven years from the relevant dates laid down in Article 4(3).
c) For category 11 of Annex I, five years from July 22, 2019.

For enquiries, please contact:

Martin Du
Technical Support, EET RSTS
+(86) 0755-25328888-8049

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