Ah, But as you state it. If you use an old memory module, which is not RoHS compliant, in a new system and place that system on the market after July 1st, then you are breaking the law and your product should be impounded. The new system is being put on the market for the first time after July 1st and all homogeneous materials must be compliant. Now, If you took that memory module and used it to upgrade or refurb another old system then sold that system on the market as a used or refurbed system, that's OK. You can even sell that non-compliant memory module (or any other part) as a spare or upgrade for an old system. Selling non-compliant spares to upgrade or refurb systems put on the market after July 1st is not allowed. It is allowed for upgrade or refurb of systems put on the market before July 1st. Regards, LS -----Original Message----- From: John Burke [mailto:[log in to unmask]] Sent: Tuesday, August 08, 2006 2:39 PM To: 'Lester Subrattee'; '(Leadfree Electronics Assembly Forum)' Subject: RE: Someone in California is doing due diligence on RoHS it seems Correct and Good point, If you read the WEEE directive it actually states that: ========================================================= Where appropriate, priority should be given to the reuse of WEEE and its components, subassemblies and consumables. Where reuse is not preferable, all WEEE collected separately should be sent for recovery, in the course of which a high level of recycling and recovery should be achieved. In addition, producers should be encouraged to integrate recycled material in new equipment. ========================================================== But the reality is, if I remove a memory module, for example, from a recycled computer system and re-use it in a new system as "encouraged" to do, I would be very reluctant to do so due to people running around Europe with XRF guns at point of entry, unless there were some specific rules laid down in this area. Interesting thought though; re-use a memory module in a new system as encouraged, get all products impounded for 3 months after XRF detection at point of entry while things are investigated. Hmmmmmmmmmmm maybe that is where the test case will come from. I think this will be Lawyer heaven. John -----Original Message----- From: Lester Subrattee [mailto:[log in to unmask]] Sent: Tuesday, August 08, 2006 10:39 AM To: (Leadfree Electronics Assembly Forum); John Burke Subject: RE: Someone in California is doing due diligence on RoHS it seems Just a comment on your last point. RoHS directive does allow for the reuse, refurbish and upgrade of old equipment put on the market before July 1st. As long as it is not resold as a new product. If the EEE is put on the market as a reused/refurb/upgraded product the RoHS material restrictions do not apply. Obviously the spares for old products do not need to comply with the directive as well. Regards, LS -----Original Message----- From: John Burke [mailto:[log in to unmask]] Sent: Tuesday, August 08, 2006 12:14 PM To: [log in to unmask] Subject: Someone in California is doing due diligence on RoHS it seems The RoHS machine grinds on. It would seem though that CA is looking a little harder at the attempts of Assembly Bill AB2202 to map directly the European legislation. I just read through the latest bill amendments from yesterday, and all I can say is that there is light. Apart from the fact that it will not cut in until 2010, there are some very interesting variances from the European laws: Here is an example (1) : =================================================================== (h) (1) The department shall adopt regulations establishing a process whereby a manufacturer or distributor of an electronic device or component may seek an exemption or time extension to a sales prohibition pursuant to this section upon demonstration to the department that the device or component meets the criteria developed pursuant to paragraph (2). (2) In developing a process, including criteria, for evaluating a request for exemption and time extension, the department shall consult with effected stakeholders, including representatives from the manufacturers, distributors, and environmental groups. ========================================================================== John's comment: The above paragraph means that California will consider its own exemption process, I trust that it will be more logical that the one in place in Europe and actually allow scientific evidence as input. Here is another example (2): =========================================================================== (i) (1) In order to support the refurbishment and reuse of electronic devices, the department shall adopt regulations allowing an exemption from any sales prohibition pursuant to this section for devices that are refurbished, or sold for reuse, or both refurbished and sold for reuse. ========================================================================== John's comment: YAY, someone finally worked it out, RoHS means that all WEEE must be trashed after July 1st in Europe; this amendment outlined above allows RECYCLING in CA - what a concept and well done California!! For those not following the bill progress here is the link to the full transcript and amendments as of yesterday. http://tinyurl.com/l8qjj Kind regards, John Burke ---------------------------------------------------------------------------- ---Leadfee Mail List provided as a service by IPC using LISTSERV 1.8d To unsubscribe, send a message to [log in to unmask] with following text in the BODY (NOT the subject field): SIGNOFF Leadfree To temporarily stop/(start) delivery of Leadree for vacation breaks send: SET Leadfree NOMAIL/(MAIL) Search previous postings at: http://listserv.ipc.org/archives Please visit IPC web site http://www.ipc.org/contentpage.asp?Pageid=4.3.16 for additional information, or contact Keach Sasamori at [log in to unmask] or 847-615-7100 ext.2815 ---------------------------------------------------------------------------- --- THIS EMAIL AND ANY ATTACHED FILES ARE CONFIDENTIAL AND MAY BE LEGALLY PRIVILEGED. 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