CAPIEL Position Paper - RoHS Scope

Transcription

1 CAPIEL Psitin Paper - RHS Scpe 1 - Purpse f this paper The purpse f this CAPIEL paper is t help manufacturers t determine whether r nt the prducts they place n the market fall within the scpe f the recast RHS Directive (2011/65/EU), ften knwn as RHS 2. This paper shuld be read in cnjunctin with the text f the RHS Directive and relevant guidance issued by the Eurpean Cmmissin and industry assciatins. 2 - CAPIEL prducts CAPIEL is the Eurpean Crdinating Cmmittee fr the Natinal Assciatins f Manufacturers f Lw Vltage Switchgear and Cntrlgear equipment fr industrial and tertiary markets. Members f natinal assciatins represented by CAPIEL include small, medium and large-sized cmpanies that in ttal directly emply mre than peple in Eurpe. CAPIEL prmtes and represents the cmmn prfessinal interests f its members in all areas f its cmpetence. Essential assciatin affairs are in the fields f standardizatin, legislatin and cmmn prmtin. The main prducts cvered are the fllwing: - Cntactrs - Circuit-breakers - Cntrl devices ( switches,...) - Push buttns - Fuses - Mtr starters - Panels - Cam switches - Switch discnnectrs - Time relays Many CAPIEL prducts are sld t Original Equipment Manufacturers (OEM s), panel builders, r System Integratrs (SI s), and they are intended t be assembled r incrprated int a finished EEE (e.g. machines, cntrl panels) r installatins. Sme prduct may be sld fr direct use by end users (e.g. SI's r end custmers) r as spare parts. 3 - RHS 2 scpe principles Directive 2011/65/EU entered int frce n 21 July 2011 and requires Member States t transpse the prvisins int their respective natinal laws by 2 January It applies t several categries f Electrical and Electrnic Equipment (EEE). An EEE means equipment which is dependent n electric currents r electrmagnetic fields in rder t wrk prperly and equipment fr the generatin, transfer and measurement f such currents and fields and designed fr use with a vltage rating nt exceeding vlts fr alternating current and vlts fr direct current.

2 The scpe f the directive will gradually extend t include mre equipment categries and the tw new categries f mst relevance fr CAPIEL prducts are: Equipment Categry Categry 9 Mnitring and cntrl instruments Industrial mnitring and cntrl instruments (meaning "mnitring and cntrl instruments designed fr exclusively industrial r prfessinal use") Categry 11 Any ther EEE that is nt already cvered by the ther categries (i.e. a catch-all ) Cmpliance Date 22 July July July 2019 In additin, and by n later than 22 July 2014, the Cmmissin shall examine the need t amend the scpe f this Directive and shall present a reprt accmpanied by a legislative prpsal, if apprpriate, with respect t any additinal exclusins related t that EEE. Sme types f equipment are excluded frm the scpe, in particular: Equipment which is specifically designed, and is t be installed, as part f anther type f equipment that is excluded r des nt fall within the scpe f this Directive, which can fulfil its functin nly if it is part f that equipment, and which can be replaced nly by the same specifically designed equipment (ref. Article 2(4)(c) f Directive 2011/65/EU) Furthermre, bth large-scale fixed installatins and large-scale statinary industrial tls are EEE that are excluded frm the scpe and are therefre examples f anther type f equipment that is excluded that are referenced abve. See the detailed definitin in the Annex Definitin f LSFI and LSSIT. A number f factrs therefre determine whether r nt a particular CAPIEL prduct is in r ut f the scpe. These factrs include the nature f the prduct itself and where it is intended t be used. This paper cnsiders these factrs and, when read in cnjunctin with the RHS Directive itself, helps determine the requirements that apply t CAPIEL prducts that are being placed n the market. It shuld als be nted that CAPIEL recmmends that its members cmpanies cmmit themselves n a vluntary basis t place n the market prducts that meet the relevant RHS substance restrictins, even if they are nt within the scpe f the legislatin. 4 - Applicatin t CAPIEL prducts The requirement t affix the CE mark nly applies t finished EEE (ref. Article 15(1) f Directive 2011/65/EU and Q8.5 f the Cmmissin FAQ s). The fllwing extracts frm the Eurpean Cmmissin s FAQ dcument 1 further indicate that finished EEE is intended fr direct use by an end user, either cnsumer r prfessinal / industrial (e.g. SI r end custmer). [Q6.5]: Are electric bards in scpe? This depends n whether the bard is placed n the market as a finished EEE prduct (i.e., fr direct use by an end user), r it is placed n the market as a cmpnent fr further prductin r integratin in t a finished EEE prduct. 1 RHS 2 FAQ, Dec ed. ( 2

3 An electric panelbard fr use in a dwelling is a device upn which varius mdules (such as circuit breakers) are placed. Bth the bard in itself and the mdules placed upn it are usually standard equipment sld t builders r hme wners fr direct use and s are within the scpe f RHS 2. [Q6.6]: Are fuse bxes in scpe? Only if a fuse bx is placed n the market fr direct use by an end user is in scpe. Therefre, even thugh a CAPIEL prduct may meet the definitin f EEE, the intent f RHS 2 is that prducts that are nt sld fr direct use by end users, but are instead intended t be assembled r incrprated int a finished EEE, are nt finished EEE themselves, but are instead cmpnents. Further clarificatin is given in [Q7.3]: cmpnents being used in finished EEE r fr repair r upgrade f used EEE, which is in the scpe f RHS 2 must meet the substance restrictins accrding t Art. 4 but d nt need CE marking.... There are 3 scenaris that can be used in cnjunctin with the fllwing figure t determine the requirements that apply t an individual prduct: i Check if scenari 1 applies if YES, then the prduct is Type 1. ii Otherwise, check if scenari 2 applies if YES, then the prduct is Type 2. iii Otherwise, the prduct is Type 3. Scenari 1: Prducts sld t OEM s/si s fr applicatin in EEE that is itself ut f the scpe f RHS Accrding t the definitin f LSFI and LSSIT (see Annex), CAPIEL prducts are nt LSFI r LSSIT themselves. Hwever, they are cmmnly integrated in LSFI r LSSIT and benefit frm the exclusin given in Article 2(4)(c) when they fulfil all f the required cnditins: they are specifically designed prducts as they need t be specifically dimensined accrding t the LSFI and LSSIT specificatins, they can fulfil their functin nly if they are part f the LSFI r LSSIT, they can be replaced nly by the same specifically designed prduct. EEE meeting all f the three cnditins described abve are ut f the scpe f the directive and they are neither directly nr indirectly subject t the legal RHS requirements. Sme CAPIEL prducts can be cnsidered specifically designed because they are nly intended fr use in these excluded applicatins accrding t their characteristics and installatin requirements. Nte: CAPIEL believes that specifically designed shuld be interpreted t mean any EEE that is nly intended fr use in excluded applicatins. In ther wrds, the EEE des nt have t be unique t ne individual applicatin. In the case f an EEE nt fulfilling at least ne f the three cnditins described abve, this exclusin des nt apply. If a particular EEE can be used in bth excluded and in scpe equipment, it wuld be in scpe unless it can be demnstrated (e.g. with sales dcuments, installatin instructins, marketing literature, etc.) that it is nly t be installed in an excluded equipment. Ntwithstanding that there are n legally binding prvisins; CAPIEL expects its members cmpanies and their suppliers t vluntarily cmmit t applying the RHS substance restrictins. Scenari 2: Prducts sld t OEM s/si s fr applicatin in EEE that is itself within the scpe f RHS Prducts that are sld t OEM s/si s fr further integratin in EEE that is itself within in the scpe f RHS are nt legally required t meet the RHS requirements. In such cases, the OEM/SI will require the prduct t meet the RHS substance restrictins as determined by the final applicatin. 3

4 Cmpliance with the relevant substance restrictins and evidence theref is subject t cntractual agreement with the custmer. Such prducts are nt required t have the CE marking affixed fr RHS. Scenari 3: Prducts sld fr direct use by the end user This is the case fr sme prducts (such as mtr starters) intended fr direct use by end users (e.g. SI s r end custmers). As a cnsequence, these CAPIEL prducts are sld fr direct use by end users as finished EEE and fall within the scpe f the RHS Directive. These prducts must meet the RHS substance restrictins, require CE marking, must have a Declaratin f Cnfrmity, and a technical file shall be drawn up in accrdance with the requirements f the RHS Directive. Multiple scenaris In the case that a CAPIEL prduct can be sld accrding t several scenaris, then the mst stringent requirement shall apply. Spare parts Spare part has a specific meaning within the RHS Directive and is defined in Article 3(27): CAPIEL prducts (r parts theref) that are supplied as spare parts fr the repair / reuse / updating f functinalities / upgrading f capacity f EEE are within the scpe f RHS and must meet the substance restrictins applicable t spare parts i.e. substance restrictin cmpliance but neither CE marking nr a technical file are required. CAPIEL prducts that are supplied as replacements fr prducts that were riginally in the scpe f RHS (i.e. Type 3 in Figure 1) are cnsidered t be EEE (nt "spare parts") and must cmply with all the requirements f the RHS Directive. 4

5 5 - Cnclusin: Based n the abve scenaris: Where a CAPIEL prduct is cnsidered ut f the RHS 2 scpe (i.e. Type 1 r Type 2), neither the CE marking nr the technical file is required. Hwever, the cntractual agreement with the OEM/SI may require that the substance restrictins are satisfied and that evidence f cmpliance is available, particularly if the custmer applicatin is an EEE that is itself within the RHS 2 scpe. Where a CAPIEL prduct is cnsidered t be within the RHS 2 scpe (i.e. Type 3), it shall cmply with the RHS Directive by the date determined by its prduct categry and fulfil all requirements including substance restrictins, the CE marking, a Declaratin f Cnfrmity and a technical file. In each case, the CAPIEL manufacturer shall make the final decisin regarding the IN r OUT status based n their business scenari and fulfil the requirement accrding t the apprpriate prduct categry. CAPIEL members cmpanies that have signed the Cde f Cnduct have cmmitted n a vluntary basis t nly design, prduce and place n the market prducts that meet the RHS substance restrictin requirements. 5

6 Large-scale fixed installatin (LSFI) Annex: Definitin f LSFI and LSSIT Article 3(4) f the RHS Directive defines LSFI as fllws: a large-scale cmbinatin f several types f apparatus and, where applicable, ther devices, which are assembled and installed by prfessinals, intended t be used permanently in a pre-defined and dedicated lcatin, and de-installed by prfessinals The Orgalime Guide (Sept 2012) interprets Large-scale in the cntext f the scpe exclusin f large-scale fixed installatin as meaning a cmbinatin f several apparatus and devices, where the cmbinatin is nt intended t be placed n the market as a single cmmercial r functinal unit and which is different frm standalne cnsumer prducts due t, fr example, lifespan, number f prduced units r custm tailr-made characteristics f the cmbinatin, interdependency f the different apparatus/devices/subassemblies/sub-installatins f the cmbinatin. A building electrical installatin fr pwer distributin is a typical example that crrespnds t the definitin f large-scale fixed installatin. Large-scale statinary industrial tl (LSSIT) Article 3(3) f the RHS Directive defines LSSIT as fllws: large-scale assembly f machines, equipment, and/r cmpnents, functining tgether fr a specific applicatin, permanently installed and de-installed by prfessinals at a given place, and used and maintained by prfessinals in an industrial manufacturing facility r research and develpment facility. The Orgalime Guide (Sept 2012) interprets Large-scale in the cntext f the scpe exclusin f large-scale statinary industrial tls as meaning an assembly f machines r systems designed t be used in an industrial manufacturing facility, cnsisting f cmpnents and devices, where the cmbinatin can be intended t be placed n the market as a single tl fr industrial applicatins. Accrding t this definitin, examples f large-scale statinary industrial tls are large scale versins f : Milling machines Welding machines Vehicle cmpnent assembling statins Machine tls Paper prductin machines Printing presses Packaging machines Textile machines Industrial rbts Industrial measurement and mnitring platfrms (e.g. fr pulp and paper). 6