EU legislation restricting the use of hazardous substances in electrical and electronic equipment (RoHS Directive) and promoting the collection and recycling of such equipment (WEEE Directive) has been in force since February 2003. The RoHS Directive 2011/65/EU (RoHS II) entered into force on 21 July 2011 and the WEEE Directive 2012/19/EU (WEEE II) entered into force on 13 August 2012.
Construction equipment generally benefits from scope exclusions defined in both directives. Excluded are: non-road mobile machinery (NRMM), large-scale stationary industrial tools (LSSIT), large-scale fixed installations and equipment specifically designed for these excluded products. The definition, however, of NRMM in both directives limits the exclusion to machinery with an on-board power source. NRMM without its own power source (e.g. cable powered) would fall into the scope. This is not justified, particularly as models exist with two different power sources – one model with a combustion engine, the other with cable – in order to offer the machine for different applications. So, one model would be out of scope, the other would be in.
The Oeko Institut (2015) highlighted the inconsistencies between the definitions of NRMM in RoHSII and in 97/68/EC (engines emissions) Directives and alerted that the wording of Article 3(28) RoHSII creates cases in which similar equipment will be regulated differently.
CECE Position Paper - RoHS II and WEEE II