Title Page layout - RoHS Exemptions

1 Study for the analysis of impacts from RoHS2 on non- road mobile machinery without an on-board power source, on windows and doors with electric functions, and on the refurbishment of medical devices Report for the European Commission DG Environment under Framework Contract No , Specific Contract No ENV/2014 Final Report Authors: Carl-Otto Gensch, Oeko-Institut Yifaat Baron, Oeko-Institut Katja Moch, Oeko-Institut 12/03/2015. Report for: The European Commission Prepared by: Oeko-Institut Freiburg Head Office Box 1771. 79017 Freiburg, Germany Street Address Merzhauser Str. 173. 79100 Freiburg, Germany Tel. +49 (0) 761 4 52 95-0. Fax +49 (0) 761 4 52 95-288. Web: Peer reviewed and approved by: Adrian Gibbs (Eunomia Research & Consulting Ltd.).. Contact Details Eunomia Research & Consulting Ltd 37 Queen Square Bristol BS1 4QS.

2 United Kingdom Tel: +44 (0)117 9172250. Fax: +44 (0)8717 142942. Web: Acknowledgements We would like to express our gratitude towards stakeholders who have taken an active role in the contribution of information concerning the requests for exemption handled in the course of this project. Disclaimer Eunomia Research & Consulting and Oeko-Institut have taken due care in the preparation of this report to ensure that all facts and analysis presented are as accurate as possible within the scope of the project. However no guarantee is provided in respect of the information presented, and Eunomia Research & Consulting and Oeko-Institut are not responsible for decisions or actions taken on the basis of the content of this report. Study on the Review of the RoHS Scope Contents List of Tables.

3 Iii List of Figures .. iii Background and objective .. 1. Policy 1. Objectives .. 4. Non-Road Mobile Machinery in the Context of RoHS .. 5. Abbreviations .. 5. Introduction .. 5. Legal Background .. 6. Product Group Description and Background .. 8. Problem Definition .. 9. NRMM with and without an On-Board Power Mobilised Machinery Operated at Fixed Locations ..17. Applicability of the RoHS Article 2(4) Exclusions ..22. Critical Review ..23. Difficulty of Compliance ..23. Impact Review of the Various Product Groups ..25. Conclusions and Recommendations ..33. References ..36. Windows and Doors with Electric Functions .. 37. Abbreviations ..37. Introduction ..37. Background of Review ..38. Product Group Description and Background ..38. Problem Definition ..43. Legislative Background of Windows and Doors.

4 45. Compliance with RoHS ..47. Burden of Documentation ..47. Potential of Components for Containing RoHS Substances ..49. Critical Review ..53. Difficulty of Compliance ..53. Policy Options ..57. Impact Indicators ..57. Study on the Review of the RoHS Scope i Environmental Impacts .. 58. Economic Impacts .. 60. Social Impacts .. 63. Summarised Comparison of Options .. 65. Summary and Recommendation .. 66. References .. 68. Refurbishment of Medical Devices in the Context of RoHS .. 70. Abbreviations .. 70. Procedural 70. Problem Definition and Background .. 72. Background .. 74. Legal Background .. 75. Objectives .. 80. Policy Options .. 81. The Baseline .. 81. RoHS 87. Results from the Public Consultation .. 91. Analysis of Impacts .. 91. Impact 92. Environmental Impacts.

5 93. Economic Impacts .. 96. Social Impacts .. 98. Summarised Comparison of 100. Recommendation .. 102. References .. 104. Appendix 1: Summary of Stakeholder Contributions Related to the Review of Non-Road Mobile Machinery (NRMM) .. 105. Appendix 2: Questionnaire Concerning Impacts on Refurbishment - Technical and Socio-economic Considerations Concerning Refurbishment Practices in the Context of RoHS .. 108. 12/03/2015 ii List of Tables Table 2-1: 2013 Diesel Gen-Set Market, Parkinson's data ..19. Table 3-1: Window and Door Components Potentially Containing RoHS Substances ..49. Table 3-2: RoHS substances and their corresponding provisions in other EU regulations and international agreements ..51. Table 3-3: Categorization of Windows and Doors (W&D) with regards to the scope of Table 3-4: Impact Indicators for the Product Group Windows and Doors (W&D) with Electric Function.

6 58. Table 3-5: Comparison of Table 4-1: GRP Refurbishment Practice Process Steps ..83. Table 4-2: Weight of RoHS Restricted Substances Used in Category 8 Equipment, Including Data for Sub-categories Where Known ..88. Table 4-3: Impact Indicators for the Refurbished Medical Devices and Parts ..92. Table 4-4: Comparison of Options Range of Impacts in Relation to Option 1 (Business as Usual) .. 100. Table 4-5: Summary of Stakeholder Contributions Related to the Review of NRMM .. 105. List of Figures Figure 2-1: Pictures of identical machines with an on-board power source and cord connected for professional use..11. Figure 2-2: Number of Companies Versus their Annual Production of R&S Vehicles (Spain 2012 - 1000 manufacturers) ..15. Figure 2-3: Tri-metal Bearing Illustration.

7 20. Figure 3-1: Indication where the Electric Components are Located in the Windows and Doors (indicative list, from VFF 2013) ..40. Figure 3-2: Production and Consumption of Windows and Doors across EU 27 in 2010 ..41. Figure 3-3: Window and External Door Manufacturers in Germany - Size by Employees;. Information provided by EuroWindoor ..43. Figure 4-1: Can a Refurbished Device be Placed on the EU Market? ..79. Figure 4-2: Compliance of Spare Parts ..79. Figure 4-3: Illustration: RoHS Substance Restrictions and the Possibilities of Placing a Product on the Market ..80. Study on the Review of the RoHS Scope iii Background and objective Policy context The RoHS Directive (2002/95/EC) (RoHS 1) has been recast and has now become Directive 2011/65/EU that entered into force on 21 July 2011, repealing Directive 2002/95/EC on 3 January 2013.

8 The RoHS Directive (2011/65/EU) on the restriction of the use of certain hazardous substances in electrical and electronic equipment requires that EEE placed on the market, including cables and spare parts for its repair, its reuse, updating of its functionalities or upgrading of its capacity, does not contain the substances listed in Annex II ( lead, mercury, cadmium, hexavalent chromium, polybrominated biphenyls and polybrominated diphenyl ethers). In 2008 the European Commission launched the recast of the RoHS 1 Directive 2002/95/EC. A recast proposal accompanied by an impact assessment was published in December 2008. This Commission proposal introduced a few new definitions and extended the original RoHS scope to medical devices and monitoring and control instruments.

9 Substantial changes were made to this proposal by the Council and the Parliament before adoption on 8 June 2011 of Directive 2011/65/EU. (RoHS 2)1: This included among others the introduction of a product category "other EEE" ( the introduction of an "open scope" making the Directive applicable to all EEE) and a broader interpretation of EEE as a result of a new definition of the dependency on electricity. These changes to the Commission recast proposal were not subject to the EU impact assessment procedure; nevertheless the RoHS 2. Directive 2011/65/EU (RoHS 2 Directive, hereafter referred to as RoHS 2), published in the OJ in July 2011, includes all these elements (see RoHS 2 Articles 2(1), 3(2) and Annex I category 11). These changes provide the initial outline for products considered to be newly in scope , aside from the products and devices falling under categories 8 and 9.

10 The RoHS 2 Directive, by its Article 2(4), provides a 10 entry list of specific equipment, which is excluded from the scope, aerospace and military equipment, means of transport, large-scale fixed installations, and photovoltaic panels. These are, at the moment, the only EEE that do not fall under the scope of the new Directive. Also introduced by the Council and the Parliament, RoHS 2 foresees a transitional arrangement until 22 July 2019 for electrical and electronic equipment that was formerly outside the scope of RoHS 1 but that is now in scope (see Article 2(2)). The transition period does not change the legal status of these products as non- compliant. It only means that products newly in scope may still be placed and circulated on the EU market until 22 July 2019, even if they do not comply.