The Restriction of the Use of Certain Hazardous Substances in Electrical and Electronic Equipment (Amendment) Regulations 2023
Jurisdiction: Great Britain
Commencement: 17th July 2023
Amends: The Restriction of the Use of Certain Hazardous Substances in Electrical and Electronic Equipment Regulations 2012
The Restriction of the Use of Certain Hazardous Substances in Electrical and Electronic Equipment Regulations 2012 (the RoHS Regulations) implement European Directive 2011/65/EU on the restriction of the use of certain hazardous substances in electrical and electronic equipment (the ‘RoHS Directive’). The Directive is linked below:
- EU link (relevant to businesses in Northern Ireland);
- GB retained copy link (relevant to businesses in Great Britain).
(N.B. The RoHS Regulations apply differently in Great Britain and Northern Ireland following the UK’s exit from the EU, hence the relevant links to the Directive also differ).
The RoHS Regulations revoke and replace The Restriction of the Use of Certain Hazardous Substances in Electrical and Electronic Equipment Regulations 2008 (‘the 2008 Regulations’).
The RoHS Regulations restrict the use of certain specified hazardous substances including some heavy metals and flame retardants in listed categories of electrical and electronic equipment (‘EEE’), and require products to be compliance marked (i.e. CE or UK CA) to demonstrate compliance.
The RoHS Regulations apply to manufacturers, importers and distributors of EEE. There are no duties for end users.
The RoHS Regulations previously required CE marking of EEE across all parts of the UK. From 1st January 2021 the Regulations have been amended and now apply differently in Great Britain and Northern Ireland.
In Great Britain (i.e. England, Scotland and Wales), EEE will be required to be UK CA marked, although CE marking will continue to be accepted in most cases until 31st December 2024.
In Northern Ireland, EEE continues to be required to be CE marked.
Although the conformity marking requirements for Northern Ireland are different to Great Britain, the standard to which EEE must comply is effectively the same (though this may change in future).
Various duties apply.
The limit of mercury contained by electrical and electronic equipment is currently 0.1%; however, for certain specified applications, revised limits and exemptions apply.
Entries 1 to 9 of Schedule A2 contain the list of equipment exempted from the 0.1% limit and revised limit values for each equipment.
This amendment extends the list of exempted applications. While some exemptions are renewed, others are revoked. All revoked exemptions will expire on 1st February 2024. The expiry dates for renewed exemptions are listed in column 6.
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