8.4.7 Electrical and electronic equipment

As stated in section 8.3.5, there are two EU directives that address the handling of chemical substances in electronic goods: the WEEE Directive1 and the RoHS Directive.2 The WEEE Directive aims to both reduce the amount of electrical and electronic waste being produced, and to promote the reuse, recycling and recovery ofthese products (i.e. to reduce disposal). Importantly, it requires that certain information be divulged to consumer households, including the potential effects on the environment and human health as a result of the presence of hazardous substances in electrical and electronic equipment.3 Member States may require that some or all of the information shall be provided by manufacturers and/or distributors, e.g. in the instructions for use or at the point of sale.4

The RoHS Directive requires that new electrical and electronic equipment that is put on the market should not contain any of the six following banned substances: lead, mercury, cadmium, hexavalent chromium, poly-brominated biphenyls or polybrominated diphenyl ethers in quantities exceeding maximum concentration values. The RoHS Directive does not explicitly refer to compliance procedures, specific certificates or testing methods to be used by the Member States for demonstrating compliance; hence the Member States are responsible for setting the relevant compliance rules. Similar to REACH, the RoHS Directive deals with chemical substances. It has been argued that companies could face a situation where a chemical substance is allowed in IT equipment under REACH, but banned under the RoHS regime and vice versa. Apparently, there are inconsistencies between these two legislative products.5