Proposal presumes RoHS compliance
Jim Carbone, Executive Editor, Electronics, Purchasing Magazine -- Purchasing, 10/27/2005 2:00:00 AM
About eight months before the Restriction of the use of Hazardous Substances (RoHS) law goes into effect, the European Union (EU) has not said what companies will have to do to show compliance to the directive. RoHS bans the use of lead and five other substances from being used in electronics equipment beginning in July 2006.
However, a European trade association has issued recommendations that are likely to be adopted by the EU. Holly Evans, president of Strategic Counsel, a legal consultant to companies on environmental issues based in Alexandria, Va., says it expects EU member states will follow the recommendations of the European Information Communications Technology Association (EICTA). EICTA is a trade association similar to the Electronics Industry Association in the U.S. It has proposed a "due diligence approach" toward enforcement of RoHS, says Evans. Under association recommendations, "a company has presumption of conformance. You are presumed to be in compliance if you put your product on the market," says Evans. However, if EU officials are suspicious that a company’s product is non-compliant, then the EU would want to see the documentation on the product, she says. The EU could get suspicious if an environmental group or perhaps a company’s competitor tips off the EU member state that a product is not compliant. "At that point you pull out your file with your materials declaration, your random testing and audit results. If they feel you have a good file, they won’t go any further," says Evans. If they are not satisfied, the EU would test the product to see if it contains any hazardous substances.
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