Questions About RoHSNote:The information below is intended as a guide and should not be construed as legal advice. Always consult your legal representative(s) before making statements concerning product compliance with laws, codes, or regulations. The information here was last updated on April 6, 2005; information concerning RoHS changes rapidly, so be sure to do your homework!
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These FAQs were written by: There are 20 entries in the FAQ.
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Is plating a "homogeneous material"? How do I document my compliance efforts to show due diligence? What is "Due Diligence" defense? What test methods are used to assess RoHS compliance? What is being done to help companies comply with RoHS? This is all very confusing. Isn't there a better way to regulate substances? Why can't we just grind components into a powder, then test for RoHS compliance? We sell populated circuit boards. How do we demonstrate compliance with RoHS? Do I need to test all my products for every item on the material declarations? My customer has sent me a "material declaration"; why does it ask for information on substances not covered by RoHS? Where do I find information on RoHS? My company is based in the US. Why should we worry about RoHS? Are there any exemptions to RoHS? What does "mechanically disjointed" mean? What is a "homogeneous material"? What are Maximum Concentration Values (MCVs)? When do my products have to be compliant with RoHS? What products are covered by RoHS? What hazardous substances are covered by RoHS? What is RoHS?| Questions and Answers | |
| Is plating a "homogeneous material"? | |
 | According to the EU Commission, plating and coatings are "homogeneous materials". The problem with this view is that in chemical analysis, plating and coatings are commonly removed from substrates by chemical means, and are not "mechanically disjointed" from the substrate. This is not such a big problem technically, however, since there are quite a few methods for removing plating and coatings from surfaces.
One exception to the above is hexavalent chromium conversion coatings. Since hex chrome coatings vary in mass over time due to exposure to the environment and because hexavalent chromium coatings are often very thin (on the order of 200 nanograms), determining the total coating mass on a chromated surface is difficult if not impossible. It is the standard practice that hexavalent chromium coatings are determined in units of mass of hexavalent chromium per unit area (such as ug/cm2) instead of weight percent. |
| How do I document my compliance efforts to show due diligence? | |
| Keep your test results, Certificates of Analysis, and Material Declarations in a safe, accessible place. It is recommended that you keep both hard copies and electronic copies. Make sure you keep records of everything you fill out for other companies. Also, it is important to document any changes you made to your products, production method, or materials in order to comply with RoHS - this also helps show due diligence. Keep track of costs associated with compliance as well. |
| What is "Due Diligence" defense? | |
| Due diligence means that you can show that you did everything "a reasonable person would do" in order to comply with the law. It also means that you may be able to show that an infraction was not due to your or your company's actions; you may be able to show that an infraction was due to someone elseÃ?â??s action or inaction. Material Declarations are used to show due diligence, since they are used to get statements of compliance from suppliers. Once such a document is in the possession of a company, it may be possible to point to the document and state that there was no reason to disbelieve the information given. Then, an infraction may be assigned to a third party as if they had committed it themselves. So anyone making false, misleading, or incorrect statements on material declarations may be prosecuted as if they had committed the infraction. |
| What test methods are used to assess RoHS compliance? | |
| Standard test methods are under development. The EU Member States have not told anyone how they will test products for compliance, which is a violation of the WTO TBT Agreement. Meanwhile, most labs are adapting current tests to determine concentrations of RoHS substances in materials. X-Ray Fluorescence (XRF), Inductively Coupled Plasma Atomic Emission Spectrometry (ICP-AES), Cold Vapor Atomic Absorption Spectrometry (CVAAS), Direct Mercury Analysis (DMA), UV-VIS, GC-MS and other techniques are currently being used. |
| What is being done to help companies comply with RoHS? | |
| ASTM International has created Committee F40 on Declarable Substances in Materials. This Committee was formed to help industry develop the standards and test methods necessary to comply with RoHS and other legislation. ASTM is working with the US government and industry trade associations to help fix this mess. If you would like to help, please feel free to get involved - contact Tim McGrady at IMR Test Labs, the Chairman of Committee F40.
Email: tim@imrtest.com |
| This is all very confusing. Isn't there a better way to regulate substances? | |
| While the EU has noble goals concerning protection of human health and the environment, their means of doing so cause confusion and great expense to industry. There is a better way to do this, and the EU is bound by the World Trade Organization Agreement on Technical Barriers to Trade (TBT) to do things to minimize costs and unnecessary work. Unfortunately, no sector affected by the EU hazardous substances Directives has decided to take the EU to task on the issues. The result is that supply chains all over the world are spending billions of dollars more than necessary to comply with the EU legislation. It is likely to get worse before it gets better, but something must be done. If you feel your business is spending too much on compliance issues PLEASE WRITE YOUR REPRESENTATIVES IN GOVERNMENT! Government will only take action if industry says there is a problem. |
| Why can't we just grind components into a powder, then test for RoHS compliance? | |
| Remember, RoHS compliance is based on each "homogeneous material" and not components or devices. If a component or populated circuit board is ground up and tested, restricted substance concentrations in the homogeneous materials are diluted. If a lab grinds up a complex component or entire product, they will not be able to state anything about RoHS compliance, since they will not know which material any restricted substances found come from, or if the restricted substance comes from an exempt application.
Note, however, that compliance with regulations such as California laws SB 20 and SB 50 may be determined by grinding up components, since the requirements are based on total mass of restricted substance per covered electronic device (currently only devices containing video displays 4" in diagonal measurement or greater are covered by SB 20 and SB 50, but this may change). |
| We sell populated circuit boards. How do we demonstrate compliance with RoHS? | |
| This is a difficult subject. The best and cheapest way is to get information on RoHS compliance for each material or component from your suppliers. If this is not possible, you have a difficult task. You will have to get information for each "homogeneous material" comprising your populated circuit board. It would be best to test each material BEFORE they get made into individual components. Barring that, supply enough individual parts to your lab (including samples of solders) so they may be tested - it is very difficult, if not impossible, to test every homogeneous material on a populated board for RoHS compliance. That is why ASTM International Committee F40 has proposed testing materials for compliance prior to their use in component manufacture: it is easier, and it is less costly to the entire supply chain. |
| Do I need to test all my products for every item on the material declarations? | |
| No. If you tried to do that, you would get a very big bill from a laboratory. First, you should try to obtain information on the concentration of RoHS and other declarable substances in your materials from your suppliers or from the manufacturer of the materials. If that information is not available, you have two real choices: 1) test each homogeneous material you use, but limit the testing to one set per unique material to avoid duplication; only test the materials for substances that are likely to be present as additives or contaminants (your lab should be able to help with this); or 2) stop doing business with that client. Note that the substances to be tested will vary from material to material; for example, it does not make sense to test steel for brominated flame retardants, but it does make sense to test for them in plastic.
In every case, it is highly recommended that you have your legal representative(s) review the material declaration before and after you fill it out. These material declarations may be used to place blame on you and/or your company in case of an infraction in the EU. Tell your legal representative(s) that the UK (and probably all other EU member states) will allow "due diligence" as a defense for infractions. That means that third parties, such as your company, may be prosecuted for infractions if your customer can show due diligence. Part of that due diligence will be based on the material declarations received from suppliers. |
| My customer has sent me a "material declaration"; why does it ask for information on substances not covered by RoHS? | |
| Material Declarations are prepared by electrical and electronic OEMs and companies throughout the supply chain. Rather than being specific to RoHS, they are a compilation of all requirements concerning restricted substances world wide. Those requirements may be from regulations or they may be something your customer wants or needs. Material Declarations also include elements or compounds that are not restricted but either may become restricted or are needed by the company to assess other issues, such as residual value. For example, it is desirable to know the gold content of a material even though gold is not restricted, since the material may have residual value depending upon its mass and gold content. |
| Where do I find information on RoHS? | |
| The following are good sources: The United Kingdom Department of Trade and Industry (DTI) - they have the lead responsibility for RoHS, WEEE, ELV, and Packaging Directives in the EU. Search for "DTI" and go to the environment department, or press CTRL and right click on the link s below. Latest TAC Committee meeting notes: Europa is the website of the European Union. Information on RoHS is available on that site but is not as easy to find as on the DTI site. Press CTRL and right click on the links below. RoHS Directive text: WEEE Directive text: Committee on Environment, Public Health and Food Safety EEA - European Environment Agency - Home The Electronics Industry Alliance (EIA) often has free information on RoHS, but you may have to join to get full access. Press CTRL and right click on the link below. iNEMI is also a good source of free information. Press CTRL and right click on the link below. AeA is a good source for RoHS seminars and other information. Press CTRL and right click on the link below. |
| My company is based in the US. Why should we worry about RoHS? | |
| If you sell electrical or electronic equipment to any member country of the European Union, or if you sell parts or materials to companies that then sell their products on the EU market, your products are likely to be covered by RoHS. But even if your products aren't destined for the EU market, you still may have something to worry about. First, laws such as SB 20 and SB 50 in California are already taking effect in the US, and many more are in the works here and in countries such as China, Japan, and Canada. Also, you may find that availability and reliability are issues, since the "old" products containing restricted substances will become harder to find and more expensive to buy. For example, even though medical devices are now exempt from RoHS, manufacturers may have problems getting printed circuit boards with the tried and true tin-lead solder. That means they will have to test circuit boards with "lead-free" solders to make sure they will be as reliable as the "old" boards. |
| Are there any exemptions to RoHS? | |
| Yes. The list of exemptions is growing all the time. Exemptions may be found in RoHS and the RoHS Directive Annex. Information on pending exemptions may be found at the UK DTI website given in question 10 below. |
| What does "mechanically disjointed" mean? | |
| The term "mechanically disjointed" means that the materials can be, in principle, separated by mechanical actions. This means that an insulated wire is considered as two homogeneous materials: the metal wire and the plastic insulating material. |
| What is a "homogeneous material"? | |
| The term "homogeneous" is understood as Ã?â??of uniform composition throughout". Examples of Ã?â??homogeneous materials" are individual types of: plastics, ceramics, glass, metals, alloys, paper, board, resins, and coatings. The Commission further states that a "homogeneous material" cannot be mechanically disjointed into different materials. |
| What are Maximum Concentration Values (MCVs)? | |
| Maximum Concentration Values (MCVs) are limits set by the European Commission for each RoHS-restricted substance. The limits apply to each "homogeneous material" making up a product. Note that EU officials have stated that RoHS is considered to be a ban on the listed substances, and that any intentional use of those substances is not allowed. The MCVs are as follows:
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| When do my products have to be compliant with RoHS? | |
| The RoHS Directive goes into effect on July 1, 2006. If you are selling products on the EU market, your products must be RoHS compliant by that date. Note, however, that many manufacturers are requiring compliance from their suppliers earlier than July 1, 2006 so they can make sure they can supply finished goods to the EU. |
| What products are covered by RoHS? | |
| The scope of RoHS is given in the EU WEEE Directive Annex IA, categories 1 -7 and 10. The following is a summary of covered product categories:
Categories 8 and 9, which cover medical devices and measuring and control instruments, are exempt from RoHS requirements until which time the EU Commission includes them (estimates are that this will occur in 2008 or 2009). Electrical and Electronic Equipment (EEE) is defined as devices which are dependent on electric current or electromagnetic fields to work properly, including that equipment used to generate, transfer, or measure such currents or fields. The definition of EEE for RoHS is limited to those devices operating on a maximum 1000 Volts AC or 1500 Volts DC. |
| What hazardous substances are covered by RoHS? | |
| RoHS restricts the use of lead (Pb), cadmium (Cd), mercury (Hg), hexavalent chromium (Cr6+), polybrominated biphenyls (PBBs) and polybrominated diphenyl ethers (PBDEs). Those restrictions are in addition to existing regulations, such as the 47 categories of dangerous substances restricted for use in nearly every product by EU Directive 76/769/EEC and its numerous amendments. |
| What is RoHS? | |
| RoHS is European Union Directive 2002/95/EC on the Restriction of Certain Hazardous Substances in Electrical and Electronic Equipment. It is pronounced "ross". |
