RoHS Recast – differences in transition periods

The new RoHS directive 2011/65/EU has different transition periods for products that are new in the scope. Products of the categories 8 or 9, medical devices and measuring and control instruments have to comply with the substance restrictions of article 4 and the corresponding obligations like CE marking when being placed on the market after a certain date, e.g. July 22, 2014 for medical devices. Other EEE (electrical and electronic equipment) that has not been in the scope of RoHS I (2022/95/EC) is allowed to be available on the market until July 22, 2019. EEE in the new category 11 or products that are in the scope of RoHS due to changes of definitions can benefit from this transition period. But there is a big difference between those two types of transition periods: The difference is between the wording “placed on the market” and “being available on the market”. That means, that EEE which is benefitting of the transition period until 2019, have to be off the market then, even if they have been placed on the market before that date. Any link in a supply chain has to take supervise for his business that no non-compliant products remain when approaching the end of the transition period.