Critical Links

The European Union’s RoHS (Restriction of Hazardous Substances) directive has now been in effect for one year. One of the questions I am frequently asked is “has anyone been reprimanded or even prosecuted yet”?

The answer is yes and no.

In talking to my colleagues in the U.K., this is what I have learned: Most EU countries have an enforcement body, but are only now just beginning to carry out market surveillance. The U.K.’s National Weights & Measures Laboratory (NWML), however, has been policing compliance since the law took effect. About 95 percent of finished products that they have seen are not 100 percent RoHS compliant. Most of these products have just a few components that do not comply, and the use of tin/lead solder is a common cause of non-compliance.

The NWML has taken a supportive position in working with OEMs to date, with no urgency to prosecute. This approach has been generally adopted by other policing agencies in the EU. Documentation is first requested from the producer to determine if it has taken all reasonable steps to comply, including random testing and analysis where appropriate. The authorities then ask for a plan for resolving the issue and follow-up to assure compliance.

Many producers have already been contacted by the NWML for documentation. They have found that 15 percent of OEMs they worked with felt that their products were out of scope, when in fact they were within the scope of the directive. Another 15 percent had inadequate documentation. In Denmark, RoHS officials were tipped off by an investigative TV program looking into a possible RoHS violation involving disposable cameras. The cameras were withdrawn from sale for further testing and the company was asked for documentation.

The U.K., Belgium, Norway, Holland, and others use XRF guns to determine compliance. Customs in some EU states also check imports. Holland, for example, has prevented a shipment of plastic products when it found cadmium present.

While no dramatic fees -- let alone prison terms -- have yet been levied against non-compliant producers, the operative word is “yet.” The second year of enforcement may include more punitive responses.

This blog post was contributed by Jeff Shafer, senior VP of product at Newark. At Newark,  Jeff leads product management, product data, pricing and customer segment strategy, and was instrumental in developing and implementing RoHS compliance initiatives for the company, customers and suppliers.