Suggestions to improve the wording of the RoHS FAQ in relation to the application of the New Legislative Framework

The Directive on the restriction of the use of certain hazardous substances in electrical and electronic equipment (RoHS) was aligned with the New Legislative Framework (NLF) following its revision on 8 June 2011.  It therefore clarifies the requirements applying on the different economic operators, including compliance requirements of manufacturers with CE marking and technical documentation and verification requirements of subsequent actors in the supply chain.

The European Commission has recently launched the revision of the Frequently Asked Questions on RoHS (2005) which, among other issues, address questions relevant to the fulfilment of obligations deriving from the New Legislative Framework.

Orgalime urges the European Commission to align as much as possible the interpretation of NLF provisions in the FAQ on RoHS with the interpretation given in the 'Guide to the implementation of directives based on the New Approach and the Global Approach', known as the “Blue Guide”.

We fear that diverging interpretations will only create additional administrative burden and confusion for compliant economic operators, while opening up opportunities for rogue traders to exploit these divergences in interpretation.