How can I be sure that my products are included in Category 8 or Category 9, and therefore excluded from the RoHS Directive?
There is no authoritative way of confirming what categories your products are in. Unfortunately, no matter how convincing a case you build, you may still find that one or more Member States will disagree with you. Essentially it will be down to an opinion that you can prepare. As part of the study carried out by REA Technology (see above), some assessment had to be made of the scope of these categories. While Dr. Paul Goodman cannot provide any legally binding statements, he is well placed to provide guidance on this matter. There are consultancies and law firms that can also help you to build up a case for inclusion in Categories 8 and 9. Some of these are listed on our [Business Service Providers page]. The key is to give evidence to the RoHS enforcement authorities and to your customers that you have gone through a process of considering what category the products in question belong to, and providing supporting evidence. It might be worth looking at EU legislation on medical devices
