Who is responsible?

One of the more convoluted aspects of the RoHS directive is the issue of responsibility for compliance. While the directives are fairly straight-forward on this issue, the impact ripples back through the supply chain to the makers of each sub-component used in manufacturing. As a result, a great deal of chaos and confusion has arisen concerning proof of compliance. Ultimately, each supplier will most likely be asked for some kind of documentation ensuring that the components they provide are compliant.

The directive states that the 'producer' or liable party means any person who:

1. Manufactures and sells electrical and electronic equipment under his own brand;
   
2. Resells under his own brand equipment produced by other suppliers, a reseller not being regarded as the ‘producer’ if the brand of the producer appears on the equipment, as provided for in subpoint (i); or
   
3. Imports or exports electrical and electronic equipment on a professional basis into a Member State.

Manufacturers

Liability for breaching the RoHS directive lies with the Original Equipment Manufacturer (OEM). More specifically, responsibility lies with the manufacturer who brands the product regardless of who manufactured the individual components. The OEM must ensure that all components they manufacture are compliant as well as those which are purchased from other vendors.

If XYZ Corporation purchases hard drives from ABC Limited to incorporate in the computers they manufacture under their brand name, then XYZ Corp, is responsible for any breach of the RoHS directives even if the point of breach lies with the hard drive manufacturer.

Resellers & Distributors

Liability for breaching the RoHS directive also lies with a manufacturer who purchases noncompliant product and resells it under their brand even if they have not produced any part of the product.

if XYZ Corp. purchases non-compliant computers from vendor ABC Limited, then proceeds to place the XYZ brand name on the computer and sells them in the EU, XYZ Corp. is still the responsible party.

Importers & Exporters

If non-compliant product was manufactured outside of the EU, liability for breaching the RoHS directive lies with the company that imports or exports the product into the EU market for profit regardless of the brand name that appears on it.

If XYZ Corp. produces non-compliant products at an off-shore subsidiary and exports them into the EU for sale in a member state, XYZ Corp. is responsible for any breach of the RoHS directive. Likewise, if XYZ Corporation resides within the EU and purchases (imports) non-compliant products manufactured outside the EU from ABC Limited and resells them in a member state, then XYZ Corp is the responsible party regardless of the brand name on the product.

Non-European Manufacturers

Non-European distributors may legally sell non-compliant product to European companies without breaching the RoHS directive. In fact RoHS does not apply to non-European manufacturers. However, they place their European market share at great risk; it is not likely that a European company would purchase electronics equipment without verifying its RoHS compliance status. Further, if non-compliant product is exported and declared to be RoHS compliant, the manufacturer/exporter is liable for trade description breaches regardless of RoHS liability.