Using GDX to Get Ahead of RoHS 2 + Phthalates

In June of 2015, four phthalates were added to Annex II of the RoHS Directive. The European Commission selected an enforcement date of July 22, 2019 (2021 for Categories 8 & 9). Electrical and electronic equipment containing the phthalates will not be placed on the market in EU after the enforcement date. For more details on the added substances and the enforcement dates see this link.

Because of the additional substances, it is important to update and gather new RoHS compliance documentation at the “RoHS 2 + phthalates” level in order to maintain compliance and access to the EU markets. Green Data Exchange (GDX) has informed suppliers and educated in-house compliance teams about the needed updates to the RoHS Directive. Many suppliers have already updated their RoHS declarations in GDX to account for phthalates and are adding more data daily. In using GDX, you are able to ensure your compliance to RoHS 2 + phthalates well ahead of the enforcement dates.

On the term “RoHS 2 + Phthalates”

Q Point has adopted the title of “RoHS 2 + phthalates” when referring to the RoHS (recast) Directive 2011/65/EU + Directive 2015/863 which amends Annex II to include the four phthalates.

Some organizations have referred to the amended version of RoHS containing phthalates as “RoHS 3.” We maintain this is a misnomer as the RoHS Directive coming into force in 2019 maintains 2011/65/EU. The only distinction is the amended Annex II of 2011/65/EU which was done by the passing of ED 2015/863.

If you have any questions on RoHS 2 + phthalates, would like to learn about GDX, or to request a demo, please visit our website or email us at


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:

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:

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, the contact for ESMA.

Ukraine’s Version of RoHS Now in Force

On September 22, 2017, Ukraine’s version of RoHS entered into force as the Ukrainian Technical Regulation on the restriction of hazardous substances in electrical and electronic equipment.

Adopted to align with the existing EU RoHS, manufacturers importing electrical and electronic equipment (EEE) to Ukraine are compelled to certify compliance with Ukraine’s RoHS Technical Regulation. There is a grace period for medical devices and controlling & monitoring instruments which will be held to the regulation as of January 1, 2018.

Manufacturers must also retain records of non-compliant EEE, and product recall details. EEE must now be properly marked, and are required to alert Ukrainian governmental agencies if any EEE placed on the market does not meet the RoHS requirements. This notification may result in further actions to remedy the non-compliant items on the market.

From the perspective of impact, manufacturers may expect to see requests from customers and importers selling products on the Ukraine market. These requests will encompass a declaration of conformity (DOC) in the format indicated by Annex V of the regulation.

As with EU RoHS, the substances are the same (Lead, Cadmium, Mercury, Hexavalent Chromium, PBB, and PBDE). There is also a planned ‘phase-in’ for the restriction of phthalates. DEHP and BBP are restricted in certain applications, such as in toys, by January 1, 2018. DEHP, BBP, DBP, and DIBP are restricted excepting categories 8 & 9 by July 22, 2019, and are restricted in all EEE by July 22, 2021.
As new material content directives emerge and evolve, it is very important to have the ability to determine product compliance in a real-time environment. With access to the latest compliance information from your suppliers, a direct communication link to your suppliers, and real-time reporting tools Green Data Exchange can provide the solutions you need to maintain compliance and report to your customers, auditors, and regulatory agents.
Please continue to check the Q Point Technology Blog for recent news on material compliance regulations and other important news on compliance.

Singapore Adopts RoHS

Singapore’s 2002 Environmental Protection and Management Act has been amended to include Restrictions of Hazardous Substances. The amendment was initially proposed over a year ago by Singapore’s National Environment Agency (NEA).

The restrictions affect electrical and electronic equipment (EEE) as specified by the amendment. The hazardous substances and threshold for compliance reflect the same substances and thresholds in EU RoHS. For reference, the substances are:

  • Cadmium – 0.01%
  • Hexavalent Chromium – 0.1%
  • Lead – 0.1%
  • Mercury – 0.1%
  • Polybrominated biphenyls (PBB) – 0.1%
  • Polybrominated diphenyl ethers (PBDE) – 0.1%

Similarly, NEA has adopted all of the EU RoHS Substance Application Exemptions.

Current scope of the amendment is limited to 6 categories of EEE (mobile phones, mobile computers, refrigerators, air conditioners, panel TVs and washing machines). These 6 EEE are restricted to finished EEE that are meant for local sale to consumers. EEE designed solely for specialized/industrialized uses are excluded under the control.

The amendment as Singapore RoHS enters into force on June 1, 2017.

Environmental regulation, including RoHS, REACH and Conflict Minerals, continues to expand in scope and breadth, both covering new substances, thresholds and requirements, but also new and emerging markets.

Green Data Exchange can help you meet your compliance obligations. Learn more by visiting our website at

China RoHS 2: What’s the Impact?

“Management Methods for the Restriction of the Use of Hazardous Substances in Electrical and Electronic Products,” also known as China’s RoHS 2 regulation, was released on January 21, 2016 by China’s Ministry of Industry and Information Technology (MIIT).

Those involved in the manufacture of “in-scope” electrical and electronic products in China, import into China, and those sourcing from Chinese manufacturers should note the requirements of the new regulation.

Similar to EU RoHS, the regulation establishes a framework for content limits of the hazardous substances indicated. Cadmium, hexavalent chromium, lead, mercury, polybrominated biphenyls, and polyborminated diphenyl ethers must be within the content limits. The mechanism for content limits is a notable change and was not present in the previous China RoHS regulation.

Furthermore, China’s RoHS 2 regulation also stipulates requirements for labeling and the disclosure of information regarding product, part, component, and hazardous substance content. While there is already existing labeling and information disclosure requirements, the introduction of content limits will most likely result in a change to the current requirements.

There are further changes between RoHS 1 and RoHS 2. One major change is the expanded scope of electrical and electronic products. Per the regulation (Article 3(1))…

“Devices and accessory products with rated working electrical voltages of no more than 1500 volts direct current and 1000 volts alternating current which function by means of current or electromagnetic fields, and generate, transmit and measure such currents and electromagnetic fields.”

However, power generation, transmission, and distribution equipment are excluded.

Compulsory certification from RoHS 1 is now replaced by a conformity assessment system. Implementation of this system is ongoing and the requirements as yet are unclear. However, it is important to note that it is being developed among MIIT, the Certification and Accreditation Administration (CNCA), with input from other governmental agencies.

Also in RoHS 2, a “Compliance Management Catalogue” is being developed by MIIT. This will cover “in scope” products that may be deemed to require additional controls for a product’s end of life and hazardous substance content/use. The catalogue will be phased in over the course of the regulation.

RoHS 2 also establishes packaging requirements. The conformity to packaging material standards is now within the enforcement of China RoHS 2 and their agencies.

The China RoHS 2 Regulation has been developed over the course of ten years. This careful development results in a version of China RoHS that is more similar to EU RoHS than its preceding version. Replacement of the compulsory certification program suggests a regulatory atmosphere that will, at least tolerate – if not foster, development and innovation of products. MIIT will continue to update via FAQs and other documents.

For a full, translated version of the regulation, please see


RoHS Recast Exemption Expiration Timeline & Updates

When RoHS recast (RoHS 2) was entered into force, exempted uses of the restricted substances were given expiration dates. These exemptions would all expire on July 21, 2016, unless an exemption renewal application was filed “no later than 18 months before the expiry date.”

The Directive further states that “[t]he Commission shall decide on an application for renewal of an exemption no later than 6 months before the expiry date of the existing exemption unless specific circumstances justify other deadlines.” So where are the decisions on these renewal applications? And more importantly, what is the new timeline?

Per Article 5, Paragraph 5 of the RoHS Directive (2011/65/EU), “[t]he existing exemption shall remain valid until a decision on the renewal application is taken by the Commission.” Therefore, as any decision is now made regarding the renewal applications, a 6 month lead time is granted. For example, a decision made on March 1, 2016 would result in expiration on September 1, 2016.

Due to many renewal applications received, the European Commission now indicates an 18 to 24 month timeline for a decision on the renewal application. It is expected that renewals will be reviewed and decided upon in the order they were received. The first renewal applications were submitted in October 2014 ( By the new timeline, a decision should be made between April and October of 2016.

The new timeline further suggests that renewal application decisions may roll out, which will result in several expiration dates (assuming non-renewal of some exemptions). Careful tracking of decisions, as they are published, will be necessary for proper product planning with design for compliance to RoHS.

Based upon this new information, only exemption 7b is set to expire on July 21, 2016, as no renewal application was submitted. Careful monitoring of decisions will be necessary to ensure compliance and to plan the requisite product management actions to maintain compliance. Decisions will roll out this year starting as early as April.

Regulatory Roundup – 2015

In an effort to keep you informed of the latest regulatory changes affecting material content compliance programs, the following is a review of the major regulatory developments from the past year.


In June, the EU commission amended RoHS with Directive (EU) 2015/863. This adds four new substances, all phthalates, to the Restricted Substances list as found in Annex II of the RoHS Directive (2011/65/EU).

The new substances and common usage are found in the table below.

Substance CAS No. Where Used
Bis(2-Ethylhexyl) phthalate (DEHP) 117-81-7 Plasticizer (PVC products), hydraulic fluid, dielectric fluid in capacitors.
Benzyl butyl phthalate (BBP) 85-68-7 Plasticizer (vinyl foams)
Dibutyl phthalate (DBP) 84-74-2 Plasticizer, cosmetic additive, used in printing inks and adhesives, ectoparasiticide
Diisobutyl phthalate (DIBP) 84-69-5 Plasticizer (nitro cellulose plastic), lacquer manufacture, methyl methacrylate applications


Restriction of the new substances comes into force on July 22, 2019. Category 8 & 9 products (medical devices & monitoring and control devices) are given an additional two years to comply and will be enforced on July 22, 2021.

RoHS exemptions are set to expire on July 21, 2016. Guidance from the EU had been expected prior to 2016. Nothing has been published, yet. Please continue to monitor the Q Point blog for further updates.



On December 17, 2015, ECHA added five new substances of very high concern (SVHC) to the REACH candidate list. The SVHC list is now at 168 substances. The new SVHC and common usage are found in the table below.

SVHC CAS No. Reason for Inclusion Where Used


98-95-3 Toxic for reproduction Manufacture of other substances (aniline)
2,4-di-tert-butyl-6-(5-chlorobenzotriazol-2-yl)phenol (UV-327) 3864-99-1 Very persistent and very bioaccumulative (vPvB) UV-protection agents in coatings, rubber, plastics, and cosmetics
2-(2H-benzotriazol-2-yl)-4-(tert-butyl)-6-(sec-butyl)phenol (UV-350) 36437-37-3 vPvB UV-protection agents in coatings, rubber, plastics, and cosmetics


1120-71-4 Carcinogenic Lithium ion batteries – electrolyte fluid
Perfluorononan-1-oic-acid and its sodium and ammonium salts 375-95-1



Toxic for reproduction


Persistent, bioaccumulative, and toxic (PBT)

Processing aid for fluoropolymer manufacture, lubricating oil additive for fire extinguishers, cleaning agent, textile antifouling finishing agent, polishing surfactant, waterproofing agents and in liquid crystal display panels.


On September 10, 2015, the Court of Justice of the European Union (EU Court of Justice) ruled on the interpretation of an “article” per the previous interpretation of REACH. In their ruling, the EU Court of Justice indicates “there is no need to draw a distinction between the situation of articles incorporated as a component of a complex product and that of articles present in an isolated manner.”

The court also ruled “that each of the articles incorporated as a component of a complex product is covered by the relevant duties to notify and provide information when they contain a substance of very high concern in a concentration above 0.1% of their mass” The European Chemicals Agency (ECHA), the regulatory authority of REACH, has adopted this ruling by the EU Court of Justice.

On December 17, 2015, ECHA updated its “guidance on requirements for substances in articles.” This update removes reference to the 0.1% SVHC limit that is no longer consistent with the ruling by the EU Court of Justice. ECHA further declares that a comprehensive update to the guidance will follow in 2016. Please continue to monitor the Q Point blog for further updates.


Conflict Minerals

The Conflict Free Sourcing Initiative (CFSI) has updated the Conflict Minerals Reporting Template (CMRT) to version 4.01b. This replaces version 4.01(a) with a current smelter list. All versions of CMRT version 4 are still considered acceptable for the 2015 Reasonable Country of Origin Inquiry (RCOI).

On December 11, 2015, the SEC has issued proposed Resource Extraction Payment rules. Comments are due by January 25, 2016. These proposed rules apply to commercial entities issuing payments to foreign governments for resource extraction that (a.) are required to file annual reports under the Securities Exchange Act, and (b.) engage in the commercial development of oil, natural gas, or minerals.

On August 18, 2015, while upholding the majority of the regulation, a US federal appeals court maintained that public US companies do not need to disclose whether products contain 3TG from conflict sources. Requirements for RCOI and submission of the SEC Form SD are upheld. An independent private sector audit (IPSA) is no longer required unless a company’s filing indicates any part or product to be “DRC conflict free.”