How should “professional use” be interpreted in the context of EU RoHS, particularly in a case where we are renting out products to individuals who might be considered to be non-professionals? Does it apply only at the first placing on the market, or at later stages as well?
Based on the information contained in the EU RoHS 2 FAQ document, professional use means that the intended end user is a professional. If your company is renting out your products to non-professionals, then the product must be compliant with EU RoHS 2.
“Professional use”, as referred to in the exclusion of non-road mobile machinery and the definition of industrial monitoring and control, refers to the use phase of the Electrical and Electronic Equipment (EEE). In order for EEE to be marketed for “professional use”, its intended end user has to be a professional.
It should also be noted that RoHS 2 does not differentiate between EEE for professional or non-professional use other than in a few exclusions. These exclusions explicitly state that the equipment concerned is made available only for professional use, in order for the exclusion to apply.
In some cases the manufacturer may place EEE on the market with the intent that it is reserved for professional use. However, a distributor outside the control of the manufacturer may make the EEE available for a non-professional use (for example through sale or hire). In these cases the distributor is modifying the purpose of the EEE and therefore may be taking on the responsibility for the compliance of the EEE (Article 11).
**Article contents valid as of 2018-08-29