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valerie Mar 18, 2019 01:34 PM
Hi, I'm a sales manager at a household appliances manufacturer headquartered in Hangzhou, China.
It has come to our attention recently that from July 22 of this year (“effective date”), the restrictions on four new types of substances (DEHP, BBP, DBP, DIBP) and their maximum concentration values tolerated, which set forth by Annex II of 2015/863 (“RoHS 2.0”), will come into effect. In order to ensure our compliance with RoHS 2.0, we sincerely hope that the competent authority will provide some guidance on our questions as follows.
1. Assuming that some of our non-compliant products (for example, contain DIBP more than 0.1%) have been sold to local importers and distributors, but not been made available for customers on the Union market yet. After the effective date,
1.1 Is it legal for the importers and distributors to sell those non-compliant products?
1.2 If it is illegal to continue to sell, who will be responsible to withdraw those non-compliant products? Manufacturer, importer or distributor?
1.3 If it is illegal to continue to sell, what kinds of measures might be taken by competent authorities upon manufacturer, importer and distributor respectively? In particular, under what circumstances will the economic operators be required to recall the product or pay the penalties?
2. Our European maintenance center is located at Netherland. After the effective date, some products sold before the effective date will be sent to the maintenance center for repair service. Will it be legal for our maintenance center to use non-compliant spare parts to replace the old ones on such products?
3. After the effective date, some products sold before the effective date will be sent back to Hangzhou factory for replacement service. Will it be legal for our Hangzhou factory to send a non-compliant product back to the customer on the Union market?
Replies (1)
EEA Mar 19, 2019 12:34 PM
Dear 'Valerie',

Thank you for contacting the European Environment Agency (EEA).

The EEA produces reports on the state and trends of the environment in Europe in its attempt to improve the environment and move towards sustainability in Europe. The European environmental legislation is beyond the EEA’s working remit. The EEA neither sets nor enforces environmental policies.

We may suggest you to visit DG Environment website dealing with RoHS at http://ec.europa.eu/environment/waste/rohs_eee/index_en.htm which contains useful information on the legislation and its implementation. Note that a guidance document is available at http://ec.europa.eu/environment/waste/rohs_eee/pdf/faq.pdf. Should this document fail to answer all your questions, please either contact the Commission representative or your Member States authorities:

- RoHS questions concerning the European Directive, including on its adaptation process (e.g. exemptions, substances restriction), can be addressed to the Commission RoHS functional mailbox: ENV-ROHS@ec.europa.eu
- Questions on RoHS implementation or enforcement should be addressed to Member States authorities.

Wishing you all the best in your investigations.

With kind regards,
EEA Enquiry Service
 
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