RoHS Exempt?
Don't Bet Your Company On It
The RoHS directive includes a number of exemptions. For instance, lead solder in servers is exempted until 2010, giving these workhorses of the internet another 5 years to comply. Fixed industrial equipment is also exempt. So if you make these products, no worries, eh? Don't bet on it.
A directive is not law; it is simply a guide for European legislators in each member nation. Those countries will create their own laws, using the RoHS directive as a template. The directive provides a sort of floor. The rest is up to each lawmaking body.
Starting with the directive, each nation will create its own laws. They could all be identical to the directive, or more stringent. A handful of nations have completed legislation, each in its native language. Most attention is focused on the British law, because it is written in English.
The Brits are also taking a business-friendly approach. Their law sticks to the directive, adding no new requirements. As with most legislation, what really matters is the enforcement. Currently, Britain assumes that you have done the right thing if you say that you have.
What about other countries? You can look for each set of laws, then hire translators. You can hire European lawyers to research each set of legislation. You can wait for the EU to issue some sort of summary in English. Lots of choices, but none are very helpful. And on top of this, other issues remain.
China is becoming an electronics powerhouse. The Chinese government has adopted the RoHS directive in legislation, but with no exemptions at all.
That's right. In China, RoHS means none of the 6 banned substances are allowed, period. No exceptions, no ifs, no ands, no buts. To sell products in China, you must comply with the simplest, most stringent interpretation of RoHS. Forget the annex - it doesn't matter.
Japan is also requiring RoHS compliance. The Japanese government is not involved. This comes from key corporations. It is a sort of private, green consortium. The requirements are also more complex. Start with RoHS, and add another 29 to several hundred substances. Some are prohibited, while others are simply controlled and must be reported. The surprise material of the lot is PVC. Japan wants PVC eliminated entirely.
OK, so you still think you are exempt because you operate only in the US and do not export your products. If your business is exclusively with the US military, then you are right. But even if you only sell inside the US, how do you know all of your customers do the same? If even one of your customers, or one of their customers must comply with RoHS, then you will face the same requirement. The alternative is to lose that business to a competitor who takes RoHS seriously. Furthermore, the issue is coming to the US directly. Both Maine and California have already passed legislation similar to RoHS and WEEE. You can't even escape the requirements within the US.
RoHS, WEEE, and others, are a reality. The business world is changing. You need to lead your company through the change. If you fail to lead, your business will lose market share. By embracing these new requirements, you can grow your market share. You have the opportunity to take business away from your competitors. The race to RoHS compliance is about to start. Place your bets now.
