Frequently Asked Questions

1. How will RoHS Enforcement take place?

A release on the rules and guidance for enforcement of RoHS from the European Comission (EC) was supposed to be announced last year; however, the commission delayed the release of this document until May, 2006. Many companies and compliance organizations have voiced their frustration with the commission issuing this guidance document only a month before the enforcement deadline, hindering certain preparations for compliance. You may view the Enforcement Guidance Document here.

Companies must develop a Compliance Assurance System (CAS) through coordination and communication within every level of the supply chain. Should a product’s compliance come into question either through a spot check or complaint from an environmental agency, companies are required to prove compliance through specific documentation. This may include materials declarations from suppliers, self-performed tests and analysis, as well as signed declarations from company or product managers.

Many analysts believe enforcement will likely begin with several high-profile cases targeting large prominent firms with severe penalties to attract media attention and reiterate the serious nature of the law.

2. What are the consequences of non-compliance?

As the law is relatively new, there have not been many known cases of prosecution or fines regarding non-compliance in Germany. Willful or negligent non-compliance of the “ElectroG” and its deadlines may subject a company to fines of up to €50,000. In addition, company managers who willfully neglect WEEEs and RoHS may face possible jail sentences.
Failure to pick up waste from municipalities when told to do so by the EAR or failure to present adequate guarantees in time can result in a cancellation of registration, which automatically leads to a ban on sales.

3. How is non-compliance checked?

The overall approach to RoHS compliance is based upon a Presumption of Conformity, but self-declaration from producers will remain the key principle of the enforcement process.
Presumption of Conformity, it is recognized that national authorities will require self-declaration from producers as the key principle underlying the enforcement process.

The following methods may be used to target products for compliance testing:

• Market intelligence
• Random selection
• Products known to contain materials of high concern
• High volume products
• Short life products
• Consumer products unlikely to be recycled
• Notification of concern from external parties
• Notification of concern from other Member States

Despite the misconception that customs will be responsible for inspection and confiscation of non-compliant goods, ElektroG does not make any specific reference to the role of customs. Compliant companies with specific knowledge that their competitors are bringing non-compliant products “to the market” will naturally be obliged to report any knowledge.

It is costly and wasteful to test complex components and assemblies for RoHS compliance. Despite a few efforts to develop testing standards, difficult problems remain. Some companies are proactively attaining third party certification, especially useful for homogeneous material.