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UK Consultation on proposed amendments to regulations on the Use of Hazardous Substances in Electrical and Electrical Equipment

UK Consultation on proposed amendments to regulations on the Use of Hazardous Substances in Electrical and Electrical Equipment

The Department for the Environment, Food and Rural Affairs is seeking views on updating the restriction of the use of certain hazardous substances (RoHS) in electrical and electronic equipment regulations to bring the amended EU Directive 2017/2102 into UK law. The consultation is open for responses until 4 December 2018.


The purpose of RoHS Directive 2002/95/EC was to provide a European-wide framework to restrict and reduce the quantities of hazardous substances in new EEE.

Directive 2011/65/EU (RoHS 2) is a recast of 2002/95/EC and was implemented by the RoHS Regulations 2012/3032. It introduced new definitions and expanded the scope to cover medical devices and monitoring and control instruments. RoHS 2 also introduced further changes to introduce the concept of ‘open scope’ whereby all EEE is captured under the Directive requirements unless specifically exempt.  

The intended changes will correct some unintended consequences of widening the definition of electrical and electronic equipment products. In particular, the change will stop the restriction on the resale and repair of old equipment and clarify issues concerning product scope.

Key Problems being addressed

  • secondary market problem, and how the restriction of the sale of second-hand equipment from July 2019 conflicts with the waste hierarchy;
  • spare parts problem, and the inability to repair or upgrade in scope equipment after July 2019;
  • pipe organs problem, with an inadvertent ban of new pipe organs being placed on the EU market, as they would not be RoHS compliant due to the amount of lead required to produce the pipes;
  • non-road mobile machinery problem as under the current NRMM definition very similar types of equipment would be regulated differently and inconsistently after 22 July 2019.

Who will the proposals be of interest too?

This public consultation should be of particular interest to EEE manufacturers, Retailers, wholesalers, trade bodies, electrical repair and re-use organisations and non-governmental organisations.

Further information

GOV.UK: Amending the use of hazardous substances in electrical and electronic equipment

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