Sell a Non-RoHS device, manufactured before RoHs regulations became effective?

Sheemah

Starting to get Involved
#1
Hi Everyone,

I have a query can a Non-RoHs device be sold now, if it was manufactured before the RoHs regulations came into effect.
We want to sell a refurbished device to Europe, with non RoHs parts?
Has anyone faced such situation?

Thanks ,
Sheemah
 
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Ronen E

Problem Solver
Staff member
Moderator
#2
Hi Everyone,

I have a query can a Non-RoHs device be sold now, if it was manufactured before the RoHs regulations came into effect.
We want to sell a refurbished device to Europe, with non RoHs parts?
Has anyone faced such situation?

Thanks ,
Sheemah
Hello,

The legislation that applies to the device you want to sell depends on the nature of that device (is it a medical device?) and on the exact nature and extent of the actions you intend to take under "refurbish". Please note that this is a tricky term in the regulatory context, so you have to pay close attention to all the relevant definitions and understand whether what you intend to do is actually going to be refurbishment (in the regulatory meaning) or something else.

You might discover that what you intend to do counts as (or is equivalent to) placing a new device on the market.

With specific regard to RoHS, the directive itself is quite clear regarding forward and backward applicability and transition dates, also concerning spare parts. The directive is not long so I recommend reading it carefully and applying to your specifics. Please note that you need the latest revision ("RoHS II", "RoHS recast" etc.). Where relevant, it will redirect you to the older version. Official copies can be found here.
 
D

Deepthi36

#3
Hi Everyone, I have a few questions and wondering if you could help? Thanks!

  • [FONT=&quot]For Medical Devices that are not RoHS compliant:[/FONT]
    • [FONT=&quot]If an existing device in the EU is exported out of the EU for service and repairs, can it be imported back in to the same customer without any issues?[/FONT]
    • [FONT=&quot]If an existing device in the EU is exported out of the EU for refurbishment, can it be sold back to the EU without any issues?[/FONT]
    • [FONT=&quot]If an existing device in the EU is refurbished within the EU, can it be sold within the EU without any issues?[/FONT]
  • [FONT=&quot]For Non-Medical Devices (RUO devices) that are not RoHS compliant:[/FONT]
    • [FONT=&quot]If an existing device in the EU is exported out of the EU for service and repairs, can it be imported back in to the same customer without any issues?[/FONT]
    • [FONT=&quot]If an existing device in the EU is exported out of the EU for refurbishment, can it be sold back to the EU without any issues?[/FONT]
    • [FONT=&quot]If an existing device in the EU is refurbished within the EU, can it be sold within the EU without any issues?[/FONT]
 
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