United Arab Emirates RoHS

On April 28. 2017, the United Arab Emirates (UAE) version of RoHS took effect. The UAE version of RoHS is based upon EU RoHS and also adopts a very rigorous timeline with data submissions due to Emirates Authority for Standardisation and Metrology (ESMA) as early as January 1, 2018, depending on product category.

To declare under the UAE Directive, “Form A” is stipulated as the template for the UAE RoHS COC. “Form A” does not exist under UAE RoHS, but rather is an indication of “Module A” from 768/2008/EC, a product marketing decision by the European Commission. A description of “Module A” may be found here, beginning on page 17:
http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=OJ:L:2008:218:0082:0128:en:PDF

ESMA, the agency tasked with collection and enforcement of UAE RoHS, is using a certification system (ECAS) by which companies would register products and issue a declaration of conformity. In return, any company (or its authorized representative) making a declaration would receive a “conformity acknowledgement” to retain for 10 years. To use ECAS, a company would register and then issue the declarations via the system. However, at the time of this article, there is no current way to use the system to declare UAE RoHS. There are fees associated with ESMA registration and product/DOC evaluation. Please see the ESMA site here: http://www.esma.gov.ae/en-us/Services/Pages/ECAS.aspx

Additionally, the UAE’s version of the RoHS directive calls for annual renewal of the DOC.

The current consensus is that any existing (acceptable) EU RoHS DOC is going to be acceptable for UAE RoHS. This is due to the harmonization between UAE and EU RoHS. However, this harmonization has its own issues as UAE is not a member state of the EU, likely would never be a member state of the EU, and is relying upon a foreign directive that has grown and changed in scope, exemptions, details, and substances. Hence, there may be issues that confront UAE RoHS in the future.

Finally, any additional questions regarding ECAS registration, product declaration, and UAE RoHS may be directed to customercare@esma.gov.ae, the contact for ESMA.

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RMI (Formerly CFSI) Publishes CMRT Version 5.10

On December 1, the Responsible Minerals Initiative (RMI), formerly the Conflict Free Sourcing Initiative (CFSI), released the newest version (v. 5.10) of the Conflict Minerals Reporting Template, CMRT. This is the 18th new release, the third release at version 5, and the most recent update since CMRT v.5.01, released on June 21, 2017.
The major updates to the CMRT include corrections to all bugs and errors, enhancements in accordance with IPC-1755, updated ISO short names for countries, states, and provinces, updates to the “Smelter Reference List” and “Standard Smelter List,” and a change to .xlsx format.
Updated smelter lists and smelter details (along with the latest version of the CMRT) may be found at http://www.conflictfreesourcing.org. The next update to the CMRT is anticipated for May 2018.
The new CMRT provides an opportunity for corporations and individuals collecting CMRT data as part of their due diligence surrounding a reasonable country of origin inquiry (RCOI) for SEC Reporting. Q Point adopts the stance that data provided from the latest version of the CMRT indicates updated information. That is to say, a CMRT v. 4.01(b) contains older, and perhaps out of date, information when compared to a current CMRT (v. 5.10).
Corporations and individuals may use the new CMRT as a mechanism for gathering updated conflict minerals data and improving overall data collection from their suppliers. Alerting suppliers to the new CMRT may lead to a discussion that sets expectations for routine updates and the use of the latest CMRT version. Exclusive use of the new CMRT will produce Form SD filings with the SEC that will show data received in the current year after December 1, 2017. This will demonstrate the necessary due diligence that is a hallmark of reasonable country of origin inquiry (RCOI). Also, any effort in communicating a requirement and expectations to a supplier can be similarly used in the Form SD.