RoHS : What does this mean to my company?

As well as impacting manufacturers of finished EEE the Directive will also apply to other companies in the EEE supply chain, be they sub-contract manufacturers, kitting houses, distributors, manufacturer's agents and representatives. It is likely that the obligation will be confined to the RoHS Directive only.
The Directive refers to "producers" of EEE as being the affected parties and defines this as anyone that:
- manufactures and sells EEE under his own brand
- resells under his own brand, equipment produced by other suppliers
- imports and exports EEE on a professional basis into a member state.
Producers of EEE are held responsible for ensuring that their products do not contain the six restricted substances. The Directive does not cover components or sub-assemblies and so the EEE producers will have to take their own steps to ensure that all parts and materials used in their products comply with its requirements. It becomes clear therefore that there will be circumstances in which it is not the actual manufacturer of a product who will assume the responsibility of a "producer". The likelihood exists that RoHS will affect you and your company.

RoHS : What must my company do to comply with RoHS legislation?

The whole basis for implementation of the legislation centres around the concept of "self-declaration" and is the basis used for several other EU Directives. By placing their products on the market, producers are declaring that these comply with RoHS legislation. There are no requirements for the use of a specific mark or independent testing. However market surveillance and checks will be conducted within each EU member state. The "producer" will have to produce evidence that they have taken "reasonable steps" to comply with the legislation.
"Producers" will be expected to obtain declarations of compliance for materials, components and other parts from their suppliers. Furthermore they will need to hold and maintain this information in the form of a "technical file".

RoHS : Does the legislation apply to all EEE?

No, there are a number of exemptions that have already been agreed for which neither the WEEE or RoHS Directives will be applicable. For example, the Directive allows for non-compliant parts to continue to be used for maintenance and repair of existing equipment. The current Directive will not apply to EEE used in automotive applications or to certain medical equipment. Nor will it apply to EEE which is intended to protect national security and/or for military purposes.
This is certainly an area of the legislation which is generating a good deal of confusion at the moment. The landscape for the legislation is likely to remain fairly dynamic for the foreseeable future and "producers" should be mindful that further amendments to the
legislation could impact upon them later.

*The National Weights and Measures Laboratory (NWML) has been appointed the RoHS enforcement agency in the UK.