Environmental guidance for your business in Northern Ireland & Scotland
The Restriction of the Use of Certain Hazardous Substances in Electrical and Electronic Equipment (RoHS) Regulations 2012 affect businesses and individuals that are involved with electrical and electronic equipment (EEE). This includes manufacturers, importers and distributors.
This guide explains the main requirements of the RoHS Regulations 2012, who they affect and how they are enforced.
The Restriction of the Use of Certain Hazardous Substances in Electrical and Electronic Equipment (RoHS) Regulations 2012 could affect your business if you:
The RoHS regulations apply to EEE equipment for use with a voltage of up to 1,000 volts AC or 1,500 volts DC, placed on the market on or after 2 January 2013, in the following groups:
For EEE first placed on the market between 1 July 2006 and 2 January 2013, the requirements from RoHS Regulations 2008, as amended. For guidance about those see RoHS Regulations Government Guidance Notes URN 11/526
If you put goods covered by RoHS onto the EU market, they must not contain more than the allowed levels of certain hazardous substances.
The RoHS Regulations do not apply to some EEE equipment, including:
In addition, there are a number of other cases (exemptions) where the regulations do not apply. These exemptions are listed in Annexes III and IV of the RoHS Directive 2011/65/EU and you can find them also in the National Measurement Office (NMO) RoHS guidance:
The lists will be updated from time to time. You can apply for the inclusion of additional exemptions from the regulations.according to Article 5 and Annex V of the RoHS Directive 2011/65/EU.
There are cases where it may not be clear to you if a certain EE is covered by RoHS or not. For those cases see the FAQ document for RoHS 2, from the European Commission.
If you manufacture, import or distribute (including retailers) , on the EU market, goods covered by the RoHS Regulations you must ensure they do not contain more than a maximum permitted level of the following hazardous substances:
This maximum concentration is:
The RoHS Regulations 2012 set different obligations on:
If you have more than one of these roles, you will have the corresponding duties from each of those. You, must be able to prove that you are complying with the regulations
The National Measurement Office (NMO) has produced guidance for UK businesses that provides detail on the obligations for each of the cases.
National Measurement Office - Guidance to RoHS Directive 2011/65/EU
The National Measurement Office (NMO) is the UK's enforcement authority for the Restriction of the Use of Certain Hazardous Substances in Electrical and Electronic Equipment (RoHS) Regulations 2012.
If you are a manufacturer, importer or distributor of EEE, you should be able to show that you took all reasonable precautions, steps and measures to ensure compliance with the RoHS regulations.
In order to ensure the regulations are followed, the NMO:
If enforcement is necessary, the NMO has powers of entry, powers to inspect, seize and detail EEE, can issue warrants and can apply sanctions.
This page provides links to the full text of key pieces of environmental legislation relating to the Restriction of the Use of Certain Hazardous Substances in Electrical and Electronic Equipment (RoHS). The websites hosting the legislation may list amendments separately.
If you are setting up an environmental management system (EMS) for your business, you can use this list to start compiling your legal register. Your legal adviser or environmental consultant will be able to tell you if other environmental legislation applies to your specific business.
Restriction of the Use of Certain Hazardous Substances in Electrical and Electronic Equipment Regulations 2012 SI 3032. Replaces 2008/37; sets out the restrictions on the use of certain hazardous substances in electrical and electronic equipment; sets out the prohibitions and obligations that apply to manufacturers, their representatives, importers and distributors.
ROHS Directive 2011/65/EU and amendments, in National Measurements Office’s RoHS Legislation page
The Northern Ireland Environment Agency has published a short guide to the duty of care responsibilities including advice and information for waste producers, carriers and those accepting, storing and treating waste.
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