SourceESB

May 30, 2007

 China RoHS Differs from EU RoHS
So, what’s the difference between China RoHS and the European Union’s (EU) RoHS?More to the point – are you covered for China RoHS if you are able to comply with the EU directive? Unfortunately, the answer is blurry. If your products and components are compliant with EU RoHS, you might be covered for China’s version – but that’s a fuzzy “might.” One thing for certain – you’ll have to jump though new hoops to meet the rules of the China legislation.

The first phase of China RoHS went into effect last March – that’s the labeling phase where the six hazardous substances have to be spelled out. It’s a mystery when the next phase goes into practice. That phase will include product testing at Chinese labs. Yet even in the first phase of China RoHS, companies are still struggling with the requirements of the law. “For companies already familiar with EU RoHS, China RoHS is quite different,” says Michael Kirschner, president of Design Chain Associates, a San Francisco firm that helps companies with environmental compliance. “They both focus on the same six substances, but that’s the only point where they’re the same.”

For one, China RoHS focuses on different products than EU RoHS. So far, the China law doesn’t include the full range of products that the EU directive identifies. “In terms of products, China RoHS is more targeted to electronic information products, where the EU RoHS also includes other product categories,” says Emily Wang, marketing manager at Pacific Oaks Technology Inc. in South Pasadena, Calif., a firm that helps companies comply with environmental regulations. The EU RoHS law goes much further than China RoHS in identifying products that are subject to restrictions. Even toys are included in the EU directive.

Exemptions are another point of difference between the China and EU rules. The EU directive clearly spells out exemptions, including whole industries such as aerospace, defense and medical devices. China has not yet revealed any exceptions. “Exemptions are a major distinction. For EU RoHS, the exemptions were detailed,” says Wang. “That’s not the case right now with China. We don’t know yet what exemptions China will have.” China has promised to produce a catalog of exemptions, but no date has been set for the catalog’s release.

Kirschner doesn’t think China is in a hurry to release the catalog and move to the testing phase of the law. “They have not set a date for restrictions, nor have they come out with a catalog that shows what will be restricted, so I don’t think phase two is a priority,” says Kirschner. He notes that China is busy now trying to educate the Chinese electronics industry that the law exists.

When phase two goes into enforcement, China plans to do actual testing of all electronic information products aimed at China’s domestic market. “When phase two kicks in, you better make sure your product is compliant because a Chinese laboratory will test the product,” says Wang.

As a companion to the labeling requirement that is now in affect, companies have to analyze the presence of the six substances and disclose them in a table. “The disclosure law is not a restriction law. You just have to disclose whether your product contains any of the six substances,” says Kirschner. “You have to go through an analysis and produce a table of the substances and disclose where they are (in the product).”

Another part of phase one that is different from EU RoHS is the declared environmental use period. Manufacturers have to determine at what date the product has reached the end of its useful life. While the date is viewed as a time when some of the six hazardous materials might start leaking from the product, in actuality, the date corresponds more with an estimate of when the product will not longer be used. “They have six methods for determining the environmental use date, none of which are scientifically sound,” says Kirschner. “The date is based more or less on when you expect to throw the product away.”

At the Design Chain Associates website (designchainassociates.com), you can view an English translation of China RoHS and page through frequently asked questions about the regulation.