[Elecraft] RoHS in Eu - Hobbyist Builders exempt; Also lead based solder and Lead free solder OK.

[Eric Swartz - WA6HHQ Elecraft]

There has been a lot of discussion and confusion on the Elecraft list 
regarding the European RoHS (Reduction of Hazardous Substances) 
regulations, if hobbyist builders were allowed to use regular lead based 
solder and if they were regulated at all by these rules. I'd like to 
clarify these points and set your minds at ease. :-)

The RoHS regs clearly state that they -only- apply to commercial 
'producers' of electronic products. They do not regulate individual 
'non-commercial use' buyers. The regulations and their enforcement only 
apply to 'producers' who have a physical presence (Office) in Europe.

 From the Official RoHS regulations:
http://www.rohs.gov.uk/Docs/Links/RoHS%20directive.pdf

---
‘Producer’ means any person who:

(i) manufactures and sells electrical and electronic equipment
under his own brand,

(ii) 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

(iii) imports or exports electrical and electronic equipment
on a professional basis into a Member State.
---

Since our customers are neither manufacturing nor importing our products 
on a 'professional basis' they are exempt from the regulations. There is 
no regulation of individuals building for their own use. This is where 
the hobbyist exemption comes from. They are free both to import parts, 
solder and products of any type for personal use and they certainly can 
continue to use regular lead based solder for construction.

A large number of commercial producers in Eu and the U.S. agree that the 
RoHS regulations exclude those purchasing products and parts for "own 
use built equipment (hobbyist)".


 From the Kontron Eu RoHS compliance web page:
http://emea.kontron.com/index.php?id=1148 (They are a large Eu company.)

---
Also there are some exceptions to the RoHS Directive:

* military systems
* avionics systems
* equipment for national security
* own use built equipment (hobbyist)
* spares for products on the market before July 1st, 2006

---

Other companies with identical statements:

http://www.arcom.com/RoHS_and_WEEE/default.htm
http://www.rave.com/COMPANY/RoHSWEEE.html
http://www.maloca.com/print/rohs.htm
http://www.chassis-plans.com/rohs.htm


Clearly our customers are not at risk for RoHS enforcement as a 
'producer' and thus they can import kits and build for their own use 
using lead based solder. Also supporting this is the continued 
availability of regular led based solder in Eu from local distributors.

Here are some direct links to lead based solder distributors who ship to 
Europe and the U.S. You can order directly from these suppliers on-line.

http://tinyurl.com/o2zgf www.rapidonline.com - U.K. Company
http://www.digikey.com - U.S. and Eu
http://snipurl.com/vgt6 www.mouser.com - U.S. and Eu


Important Note - Lead-Free Solder is also OK to use:
I'd also like to correct an incorrect statement I made in an earlier 
email regarding use of lead free solders to build our kits:

It does -not- void the Elecraft warranty to use lead-free solder to 
build a kit. (I was incorrectly confusing this with the use of water 
soluble flux solders, which we do prohibit.)

We -do- ask that you have prior experience using lead-free solder for 
construction before using it on our kits. It does require much more 
care, higher soldering temperatures and much more expertise than lead 
free solder. To be honest I see no reason to stop using regular lead 
based solder. It is a superior product and much easier to use and 
remove. But if you can't find lead based solder, lead-free solder will 
work too, just please be careful in its use.

So please feel comfortable to continue to import and build our kits and 
to build with regular lead based solder, or if you have sufficient 
experience with it, lead-free solder. :-)

73, Eric WA6HHQ
http://www.elecraft.com

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