EU RoHS Directive (2011/65/EU) FAQ

Q: What is EEE under RoHS? A: If the product depends on electric currents or electromagnetic fields to work (or to generate, transfer, or measure), it is typically EEE; then you classify it into an Annex I category and check exclusions.

Q: What does placed on the market mean for dates? A: RoHS uses placed on the market from staged dates for certain categories; treat the date as a ship gate for configurations first made available in the EU.

Q: When does open scope (Category 11) start? A: RoHS staged remaining EEE into scope from 22 July 2019, while Directive (EU) 2017/2102 also fixed the secondary-market problem that had existed in the original RoHS 2 text.

Q: What do the thresholds apply to? A: Implement RoHS at the homogeneous material level (the smallest material unit that can't be mechanically separated). That's what supplier evidence and testing should map to.

Q: Do we need testing? A: Not always - but you need a defensible verification model. Many companies use risk-based testing on high-risk materials (cables, plastics, coatings) and when suppliers or materials change.

Q: What changed with RoHS 3? A: Delegated Directive (EU) 2015/863 added four phthalates (DEHP, BBP, DBP, DIBP) with staged applicability dates.

Q: When do the phthalates restrictions apply? A: For most EEE, from 22 July 2019; for medical devices and monitoring/control instruments, from 22 July 2021.

Q: What about cables and spare parts? A: The legislation includes carve-outs for certain cables/spare parts used to repair/reuse/update equipment placed on the market before the relevant cutover dates (22 July 2019 or 22 July 2021).

Implementation tip: run a plastics-and-cables supplier re-declaration wave before each cutover and enforce it as a release gate.

Q: How long do exemptions last? A: RoHS sets maximum validity periods (often up to 5 years; longer for medical/monitoring categories), decided case-by-case and renewable.

Q: When must we apply to renew? A: No later than 18 months before the exemption expires. If you apply in time, the exemption remains valid until the Commission decides.

Q: What if a renewal is rejected? A: Expect a phase-out window (typically 12 - 18 months after the decision). That lead time is your redesign and supplier qualification runway.

Q: What does an authority request look like? A: Market surveillance authorities can ask for your Declaration of Conformity and technical documentation to substantiate RoHS compliance for a specific model/configuration.

Q: What structure should the technical file have? A: EN IEC 63000 is referenced at EU level as a harmonised approach for RoHS technical documentation; build an index that maps each restricted substance to evidence (declarations, tests, exemptions) for each homogeneous material.

Q: Can RoHS share a technical file with other CE legislation? A: Yes. Article 13 allows a single technical documentation set where another Union conformity-assessment procedure is at least as stringent.

Q: How do we avoid paper compliance? A: Bind evidence to shipped configurations, retain the DoC and technical documentation for 10 years, and enforce change-control triggers for new suppliers, new materials, and new parts.