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ElektroStoffV sets RoHS Directive 2011/65 / EU into National Law

The ElektroStoffV (Elektro- und Elektronikgeräte-Stoff-Verordnung) serves, within Germany, to implement Directive 2011/65/EU of the European Parliament and of the Council of 8 June 2011, relating to restrictions on the use of certain hazardous substances in electrical and electronic devices (the RoHS directive). ElektroStoffV thus puts the RoHS directive into direct practice, and primarily involves the following specifications:

A manufacturer produces electrical and/or electronic devices or has such devices produced on their behalf, and who places them on the market under their own name or trademark. This also applies for importers and can apply to distributors as well.

Manufacturers have to:
- ensure that the limit values for lead, mercury, hexavalent chromium, polybrominated biphenyls (PBB), polybrominated diphenyl ethers (PBDE) and cadmium are not exceeded for each homogeneous material
- issue an EU declaration of conformity and apply a CE marking
- make technical documentation available
- demonstrate compliance with the legislation at all times using appropriate processes
- keep all applicable documentation available for a period of 10 years
- make all documentation mentioned above available to the responsible authorities upon request, and cooperate with these authorities.

For identification purposes, the devices have to be marked with their type, batch, or serial number or other markings on the device or, if necessary, also on the packaging. This also applies for trade names or trademarks as well as a contact address.

Importers have to make sure that the conformity evaluation procedure has been performed before placing the product on the market; i.e.:
1. The manufacturer must have issued the technical documentation.
2. The device must be provided with the CE marking.
3. The necessary documents have to be included and, in case of possible product recalls, all affected parties must be contacted.
4. The necessary documents must be kept available for a period of 10 years.

A distributor is one who is part of the supply chain, other than a manufacturer or importer; i.e. in most cases, a distributor is part of the retail or wholesale trade.

In particular, distributors need to check:
- if the device is provided with a CE marking
- if the necessary documentation, in German, is attached
- if the necessary manufacturer data has been supplied.

Status 19.4.2013




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