EU RoHS Directive EEE Categories and Open Scope

Directive 2011/65/EU defines EEE as equipment that depends on electric currents or electromagnetic fields to work properly, or equipment for generating, transferring, or measuring those currents and fields, within the Directive's voltage limits. The Directive also defines dependent as needing electricity or electromagnetic fields to fulfil at least one intended function.

The Commission FAQ explains the practical effect: an intended, integrated electric function can bring the whole product into scope even when electricity is not the main energy source. Its examples include a gas cooker with an electrical clock, a singing teddy bear, lighted sports shoes, and petrol-powered equipment with electric ignition. These examples are guidance, not new legal categories.

If the electric part is separable and fully functional on its own, document whether the marketed item is the electric equipment alone or a combined product. The FAQ's wardrobe example treats separable, independently usable lighting as EEE while the furniture remains outside scope. A power tool is different because its detachable electric and non-electric parts work as one integrated item.

Annex I lists 11 RoHS EEE categories: large household appliances; small household appliances; IT and telecommunications equipment; consumer equipment; lighting equipment; electrical and electronic tools; toys, leisure and sports equipment; medical devices; monitoring and control instruments including industrial monitoring and control instruments; automatic dispensers; and other EEE not covered above.

Category 11 is the residual open-scope category. Equipment that meets the EEE definition must be assigned to one of the 11 Annex I categories unless an Article 2(4) exclusion applies. Category 11 is used only after categories 1 to 10 have been considered; it does not change the substance limits or excuse the product from the other RoHS duties.

RoHS 2 expanded scope over time. Article 4(3) applied the substance restrictions from 22 July 2014 for medical devices and monitoring and control instruments, 22 July 2016 for in vitro diagnostic medical devices, 22 July 2017 for industrial monitoring and control instruments, and 22 July 2019 for other EEE that had been outside RoHS 1. These are historical entry dates, not a reason to classify every category 11 product as newly scoped.

Article 2(4) exclusions remain part of the decision. Examples include equipment designed to be sent into space, specifically designed equipment installed as part of another excluded or out-of-scope equipment type, large-scale stationary industrial tools, large-scale fixed installations, certain means of transport, professional non-road mobile machinery, active implantable medical devices, certain photovoltaic panels, R&D-only equipment made available business-to-business, and pipe organs.

The Directive defines cables as cables under 250 V that connect EEE to an electrical outlet or connect EEE to each other. The Commission FAQ says cables are generally in scope from 3 January 2013 unless they belong to EEE or a combination of EEE outside RoHS scope; optical cables are treated as outside the EEE definition because they do not have electrical or electronic parts.

External cables sold separately need their own RoHS compliance route from the relevant date. External cables sold together or marketed for use with a specific EEE must meet material restrictions but can be covered by that EEE's EU declaration of conformity (DoC) and CE marking. Internal wiring follows the EEE it belongs to and does not need separate CE marking or a separate DoC.

A useful RoHS category memo is short but specific. It should let a reviewer reconstruct the classification without asking the product team to remember design history, market channels, or old transition assumptions.

Keep the memo linked to the technical documentation set. Article 7 requires manufacturers to draw up required technical documentation and carry out internal production control; a category and open-scope memo helps explain why the product was treated as in scope, excluded, or category 11.