The European Commission has published Directive (EU) 2017/2102 amending RoHS 2 Directive 2011/65/EU. This Directive shall enter into force on 11 December 2017. The followings are the highlights of this Directive:

1. The definition of “non-road mobile machinery made available exclusively for professional use” is amended. (Article 3, point (28))
2. The requirements of restricted substances in Annex II shall also apply to all other electrical and electronic equipment (EEE) that was outside the scope of Directive 2002/95/EC and which is placed on the market from 22 July 2019. (Article 4, paragraph 3 is amended)
3. The requirements of restricted substances in Annex II shall not apply to all other EEE that was outside the scope of Directive 2002/95/EC and which is placed on the market before 22 July 2019. (new point (ea) is newly added to Article 4, paragraph 4)
4. Provided that reuse takes place in auditable closed-loop business-to-business return systems, and that the reuse of spare parts is notified to the consumer, the requirements of restricted substances in Annex II shall not apply to reused spare parts: (Point (b) to (e) are newly added to Article 5)
   1. recovered from EEE placed on the market before 1 July 2006 and used in EEE placed on the market before 1 July 2016;
   2. recovered from medical devices or monitoring and control instruments placed on the market before 22 July 2014 and used in EEE placed on the market before 22 July 2024; (newly added)
   3. recovered from in vitro diagnostic medical devices placed on the market before 22 July 2016 and used in EEE placed on the market before 22 July 2026; (newly added)
   4. recovered from industrial monitoring and control instruments placed on the market before 22 July 2017 and used in EEE placed on the market before 22 July 2027; (newly added)
   5. recovered from all other EEE that was outside the scope of Directive 2002/95/EC and which is placed on the market before 22 July 2019, and used in EEE placed on the market before 22 July 2029. (newly added)
5. For the exemptions listed in Annex III as at 21 July 2011, unless a shorter period is specified, the maximum validity period, which may be renewed, shall be for category 11 of Annex I, 5 years from 22 July 2019, while the validity period of the category 1 to 10 of Annex I are unchanged. (newly added to Article 5, paragraph 2)

Note:

• Annex I: Categories of EEE covered by this Directive
• Annex II: Restricted substances referred to in Article 4(1) and maximum concentration values tolerated by weight in homogeneous materials.
• Annex III: Applications exempted from the restriction in Article 4(1)
• Directive 2002/95/EC: Restriction of the use of certain hazardous substances in electrical and electronic equipment (RoHS)

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