EPEE Position Paper – FAQ Document RoHS Recast Directive ...

EPEE Position Paper – FAQ Document RoHS Recast Directive
Large Scale Fixed Installations and Cables
September 2012
Large Scale Fixed Installations (LSFI)
The European Partnership for Energy and the Environment (EPEE) welcomes the elaborate
definition on Large Scale Fixed Installations in the new FAQ document;
Considering that LSFI explicitly qualify as one of the exempted products under RoHS Recast,
the importance of a clear definition of LSFI cannot be underestimated. Nonetheless, given
the complexity of assessing the “large-scale” character, EPEE supports that the current
description is rather broad and leaves considerable responsibility with the
manufacturer/assembler;
Nonetheless, despite the discretion lying with the manufacturer/assembler, the “large-scale”
character indeed needs to be explained clearly, in order to avoid legal uncertainty for the
Industry. EPEE fully supports the exemplary enumeration of “large-scale” installations, in
particular the last example (note that the last part of the sentence needs to be clarified, cfr.
next bullet):
“Larger fixed installed cooling, air conditioning and refrigerating systems of more than 12
kW nominal cooling capacity, or heating systems with a nominal capacity higher than 70
kW, or ventilating systems with a power input above 125 W, insofar as they are not
intended for domestic use”
Cables
It is important to clarify the above phrase “ventilating systems with a power input above 125
W, insofar as they are not intended for domestic use”: EPEE calls for an alignment with the
definition contained in the study on Ecodesign ENER LOT 10/ENTR LOT 6 (Contract No. ENTR
/ 2009/ 035/ LOT6/ SI2.549494). Therefore, EPEE calls on the Commission to amend this
phrase as follows: “ventilating systems where the nominal (maximum) power input of the
individual fans is above 125 W, insofar as they are not intended for domestic use”.
The importance of a clear definition of a cable cannot be underestimated, given their
widespread and varied use by the Industry.
EPEE stresses that the description of a “cable” as contained in the FAQ document differs
considerably from the commonly accepted definition of a cable, namely: an assembly of one
or more conductors and/or optical fibres, with a protective covering and possibly filling,
insulating and protective material (source: International Electrotechnical Dictionary).

Consequently, it is vital that the definitions given by the RoHS Recast Directive (Art. 3(5)
RoHS Directive: cables means all cables with a rated voltage of less than 250 volts that serve
as a connection or an extension to connect EEE to the electrical outlet or to connect two or
more EEE to each other) are explained sufficiently clearly in the FAQ Document.
The need for clarification is all the more relevant because cables were not part of the scope
of RoHS I. Following Art. Article 2(2) of RoHS Recast, non-compliant EEE that were outside
the scope of RoHS I but inside the scope of RoHS Recast must be granted full market access
until 22 July 2019.
EPEE suggests to clarify the definitions as follows:
- Cables, in so far as they qualify under the definition given in this Directive, will fall within
its scope from 22 July 2019 onwards.
- Wiring that is contained within or integral to EEE does not meet the definition of "cable"
given in Article 3(5). Instead, such wiring is part of the EEE and must therefore meet the
material restrictions and timescale that apply to the EEE itself.
- For EEE which is out of the scope of the RoHS Recast Directive due to exemption of
article 2(4), wiring that is contained within or integral to such EEE are equally out of the
scope of the directive.
- Examples of EEE qualifying as a cable and thus falling under the Directive from 22 July
2019 onwards are (this is a non-exhaustive list): the supply wire between the
convenience outlet and the EEE and eventually external wire to connect accessories such
as the printer, external hard drive.
Regarding large scale fixed installations, EPEE calls upon the European Commission to maintain
the wordings of the latest draft version of the FAQ document on the RoHS Recast Directive, be it
with a clarification regarding ventilating systems (alignment with Ecodesign ENER LOT 10/ENTR
LOT 6); regarding cables, EPEE stresses the need to clarify the definition of cables, as well as the
rules determining whether or not a cable falls within the scope of the RoHS Recast Directive.
About EPEE:
The European Partnership for Energy and the Environment (EPEE) represents the refrigeration, airconditioning
and heat pump industry in Europe. Founded in the year 2000, EPEE’s membership is
composed of 40 member companies and national associations across Europe realising a turnover of
over 30 billion Euros and employing more than 200,000 people in Europe. For more information,
please visit our website: www.epeeglobal.org