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Directive 2011/65/EU was published on June 8, 2011. Products that previously had been excluded from the RoHS scope need to become compliant before July 22, 2019.

SAFEGUARDS | Consumer Products NO. 101/19

Yellow electrical toy car

The RoHS II Directive 2011/65/EU introduced in 2011 added a new definition of “dependent on electric current” as part of the EEE equipment definition.

Definition: ‘electrical and electronic equipment’ or ‘EEE’ means equipment which is dependent on electric currents or electromagnetic fields in order to work properly and equipment for the generation, transfer and measurement of such currents and fields and designed for use with a voltage rating not exceeding 1,000 volts for alternating current and 1,500 volts for direct current.

Definition: ‘dependent’ means, with regard to EEE, needing electric currents or electromagnetic fields to fulfil at least one intended function.

The prior RoHS I directive 2002/95/EC contained the same definition for EEE equipment but ‘dependent’ was interpreted differently. The FAQ related to RoHS I state that, equipment was considered as EEE when it needed electricity for its primary function. Under RoHS II, however, electricity is only needed for ‘at least one intended function’ (Art. 3.2) for the equipment to be categorized as EEE.

Toys have been in scope of RoHS I under category 7 right from the start and some explicit examples were given in Directive 2002/96/EC Annex IB. However, due to the RoHS I definition toys with minor/secondary EE functions (meaning they would keep their play value even without the EE function) were excluded from the substance restriction requirements, but as they do have ‘at least one intended function’ they are included in RoHS II.

For toys with minor/secondary EE dependent function as well as any other EEE (covered by category 11 of 2011/65/EU Annex I), that were outside the scope of Directive 2002/95/EC, there was an exemption for EEE placed on the market before July 22, 2019.

Now all EEE (including toys with minor/secondary EE functions) placed on the market after July 22, 2019 need to comply with RoHS II requirements.

SGS is committed to providing information about development in regulations for consumer products as complimentary services. Through a global network of laboratories, SGS provides a wide range of services including physical/mechanical testing, analytical testing and consultancy work for technical and non-technical parameters applicable to a comprehensive range of consumer products. Please do not hesitate to contact us for further information.

For enquiries, please contact:

Sanda Stefanovic
Global Toy Expert
t: (+31) 88 214 4517

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