Guidance

RoHS Regulations 2012 (as amended): Northern Ireland

Updated 22 July 2025

Guidance for economic operators on the regulations as they apply to equipment being supplied in or into Northern Ireland.

July 2025

Summary

Purpose – This guidance is designed to help you understand the Restriction of the Use of Certain Hazardous Substances in Electrical and Electronic Equipment Regulations 2012 (the RoHS Regulations), as amended, as they apply in Northern Ireland.

Intended use – It is intended that this document will help businesses to understand their obligations as a:

• Manufacturer
• Authorised representative
• Importer
• Distributor

Regional coverage – The RoHS Regulations cover Great Britain and Northern Ireland. However, some of the provisions of the RoHS Regulations apply differently in Great Britain (England, Scotland and Wales) and in Northern Ireland.

In this guidance

• ‘must’ indicates a legal obligation
• ‘should’ indicates good practice advised
• ‘may’ indicates discretionary actions in the light of the context and circumstances

For clarity, legal requirements and good practice are set out in separate paragraphs.

All terms in bold lettering in this guidance are explained in the Glossary.

1) Introduction

1.1 This guidance is for businesses placing electrical and electronic equipment (EEE) on the market in Northern Ireland (NI) or making it available on the market.

For EEE placed on the market in Great Britain (GB) read the guidance on the GB regulations via this link.

1.2 The RoHS Regulations set out some of the essential requirements which must be met before an EEE can be placed on the NI market. Other regulations may need to be adhered to. There is further information available in section 11.

1.3 The purpose of the RoHS regulations is to control the levels of certain hazardous substances in EEE, with the aim of protecting the environment, people and animals.

Legislation

1.4 The Restriction of the Use of Certain Hazardous Substances in Electrical and Electronic Equipment Regulations 2012 entered into force on the 2 January 2013, transposing the requirements of Directive 2011/65/EU.

1.5 The RoHS Regulations have been amended several times, including by The Restriction of the Use of Certain Hazardous Substances in Electrical and Electronic Equipment (Amendment) Regulations 2019, which entered into force on 12 June 2019 and transposed the requirements of Directive (EU) 2017/2102, extending the scope of the regulations.

1.6 The EU Withdrawal Act 2018 preserves the RoHS Regulations and enables them to be amended so as to continue to function effectively now that the UK has left the EU. Accordingly, The Waste (Miscellaneous Amendments) (EU Exit) (No. 2) Regulations 2019, The Waste and Environmental Permitting Etc. (Legislative Functions and Amendment Etc.) (EU Exit) Regulations 2020, and The Hazardous Substances and Packaging (Legislative Functions and Amendment) (EU Exit) Regulations 2020 fixed any deficiencies that arose from the UK leaving the EU (such as references to EU institutions) and made specific provision for the NI market.

1.7 There is currently one set of RoHS Regulations, but some of the provisions apply differently in NI (under the terms of the Windsor Framework, aligning with the relevant EU rules). References to the RoHS Regulations in this guidance are references to those Regulations as they apply in NI.

Read guidance on placing on the GB market.

2) Scope

2.1 These regulations apply to EEE placed on the market in NI. EEE is defined as any equipment with a voltage rating not exceeding 1,000V for AC and 1,500V for DC that requires electric currents or electromagnetic fields to work, or equipment used for the generation, transfer and measurement of electric currents and fields. Examples of EEE range from toys, kitchen appliances, hand tools, televisions and many more.

2.2 EEE is placed on the market when it is made available on the NI market for the first time. Making available on the market is to supply in the course of a commercial activity for distribution, consumption or use on the NI market. A fully manufactured product is placed on the market when there is a written or verbal agreement (or offer of an agreement) to transfer ownership or possession or other rights in the product. This does not require physical transfer of a product. A product that is not placed on the market during its lifetime is not covered by the RoHS Regulations.

2.3 An approach to determining whether a product is in scope of the RoHS Regulations is illustrated in Figure 1.

Figure 1 – determining whether RoHS applies to your product

Regulated products

2.4 All EEE, including their cables and spare parts, is in scope of the RoHS Regulations unless it is specifically excluded. EEE that is excluded is listed in Part 2 of Schedule 1 to the regulations, and includes, for example:

• equipment for military use or specifically designed to be sent into space
• products integral to equipment that is not covered by the regulations
• large-scale stationary industrial tools and large-scale fixed installations
• photovoltaic (solar) panels produced for permanent use at specific locations
• means of transport (apart from certain two-wheeled electric vehicles)
• non-road mobile machinery specifically for professional use
• products specifically for research and development available on a business-to-business basis
• pipe organs
• active implantable medical devices

2.5 Component parts, sold on a business-to-business basis, are not being placed on the market, and so are not in scope of the RoHS Regulations. However, if these components are then placed into a final assembly and this product is placed on the market, the full assembly, including the components within, must comply with the RoHS Regulations.

2.6 If a product that is otherwise out of scope is modified in such a way that it brings the product into scope, the business or person undertaking the modification is effectively the manufacturer of this product and takes on manufacturer obligations.

2.7 Similarly, products that are in scope which are modified in such a way that takes them out of scope, are treated as no longer needing to comply with the RoHS Regulations.

2.8 Reused spare parts are excluded from the RoHS Regulations if they are recovered from EEE that was previously out of scope and the reuse occurs in an auditable closed-loop business-to-business return system.

Regulated entities

2.9 The RoHS Regulations place legal obligations on an economic operator who makes or trades in EEE, and intends to place or make available a product on the market as a:

a. Manufacturer

b. Manufacturer’s authorised representative

c. Importer

d. Distributor (including retailers)

2.10 Different obligations are placed on these economic operators and these are explained in the following sections. For an overview of which obligations apply to you, see the table of obligations in Appendix 1.

Restricted substances

2.11 The RoHS Regulations prohibit economic operators from placing or making available on the market, EEE in which any homogenous material contains more than the permitted maximum concentration values (MCVs) of 10 substances/groups:

Substance	Restricted Limit (%)	Restricted Limit (ppm)
Lead (Pb)	0.1	1,000
Mercury (Hg)	0.1	1,000
Hexavalent Chromium (Cr(VI))	0.1	1,000
Cadmium (Cd)	0.01	100
Polybrominated Biphenyls (PBB)	0.1	1,000
Polybrominated Diphenyl Ethers (PBDE)	0.1	1,000
Bis (2-ethylhexyl) Phthalate (DEHP)	0.1	1,000
Butyl Benzyl Phthalate (BBP)	0.1	1,000
Dibutyl Phthalate (DBP)	0.1	1,000
Diisobutyl Phthalate (DIBP)	0.1	1,000

Substance exemptions

2.12 Time-limited exemptions allow the restricted substances to be used above the permitted MCVs for certain specific technical applications, such as mercury filled lamps or lead in the glass of some fluorescent tubes. These exemptions only apply until their deadline is reached, after which the EEE must not contain the restricted substance at a level in excess of the MCV.

2.13 The RoHS Regulations as they apply in NI refer to the EU RoHS Directive in a way that ensures that changes to exemptions in the EU RoHS Directive are automatically implemented in NI.

2.14 For a full list of exemptions relevant in the EU and guidance on how to apply for an extension applicable in the EU, see the European Commission (EC) RoHS Directive web page.

2.15 GB operates an independent RoHS exemptions regime and makes direct legislative amendments where needed to introduce exemptions.

3) Guidance for manufacturers

3.1 The manufacturer is responsible for ensuring the compliance of the whole product being placed on the market, including spare parts, or finished products that might be incorporated into the final assembly.

3.2 The manufacturer should determine and demonstrate compliance of a component (whether through testing or otherwise) before incorporating it into the final assembly and must be satisfied that there is sufficient information from the sub-contractor, component supplier or contract manufacturer to comply with the RoHS Regulations. While suppliers may provide confirmation that their components, materials or assemblies are compliant, the manufacturer must determine whether its products comply with the RoHS Regulations.

3.3 Manufacturers are responsible for producing and maintaining technical documentation to demonstrate compliance with the RoHS Regulations. This will set out information on the design, risk assessment, manufacture, and operation of the EEE. The requirement for this technical documentation can be found in Module A of Annex II to Decision 768/2008/EC of the EU RoHS Directive and of the Council Decision 93/465/EEC.

3.4 Once the technical documentation has been produced, a declaration of conformity (DoC) must be drawn up. The DoC is a signed document, declaring that there is sufficient documentary evidence to demonstrate the listed product is fully compliant with the applicable requirements of the RoHS Regulations. By drawing up the DoC, the manufacturer assumes responsibility for the compliance of the EEE. See section 8 for further information on technical documentation and DoC.

3.5 Once a declaration of conformity has been produced, the manufacturer must place the correct conformity marking on the product. If you are placing EEE on the market in NI, you will need to apply a CE marking. The UKCA marking (the UK Conformity Assessment marking required for products placed on the GB market) will not be recognised on the NI or EU markets. Qualifying NI goods can be placed on the GB market with the CE marking, see further detail in section 9 on Qualifying NI goods.

3.6 The manufacturers name and address must also be on the product before it is placed on the market.

3.7 Both the technical documentation and the DoC must be kept for a period of 10 years after the last product in the product line is placed on the market.

4) Guidance for authorised representatives

4.1 Manufacturers are able by written mandate to appoint authorised representatives to perform certain tasks on their behalf.

4.2 GB based authorised representatives are not recognised under EU law to carry out tasks on the manufacturer’s behalf. This means that GB based authorised representatives cannot carry out tasks on the manufacturer’s behalf for products being placed on the NI or European Economic Area (EEA) markets. A GB manufacturer selling products into the EEA or into NI, who wishes to appoint an authorised representative to carry out tasks for them in respect of those products, must appoint an authorised representative based in the EU, EEA or NI.

4.3 The responsibilities that a manufacturer may assign to an authorised representative are strictly administrative ^{[footnote 1]}, for example – making technical documentation available to OPSS if necessary, to demonstrate compliance. The manufacturer cannot delegate any responsibilities necessary to ensure product compliance, such as drawing up technical documentation or checking production-control systems.

4.4 The written mandate must clearly specify the nature of the delegated task(s) and the limits of the authority as an authorised representative. If it is requested by OPSS, the mandate must be produced.

5) Guidance for importers

5.1 For the purposes of the RoHS Regulations as they apply in NI, an importer is a person or business based in NI or the EEA who places products supplied from outside of NI or the EEA on the NI or EEA markets.

5.2 An importer based in NI must be able to evidence that the EEE complies with the requirements of the RoHS Regulations, when requested to do so by OPSS.

5.3 An importer based in NI must hold a copy of the declaration of conformity (DoC) and ensure that all technical documentation (see section 8) is available for inspection, when requested by OPSS, for a period of 10 years after the last product in the product line is first placed on the market.

5.4 The importer must ensure that their name and address is clearly identifiable on the product before it is placed on the market. Where it is not possible to mark the information on the EEE the information may instead be marked on the packaging of the EEE or in a document accompanying the EEE.

5.5 The importer must also ensure that manufacturer details and conformity marking are correct and clearly identifiable, before placing the product on the market.

5.6 If an importer places EEE on the market under their own brand or trademark, they must then comply with all obligations imposed by the regulations on manufacturers (see section 3).

5.7 Qualifying NI goods complying with the RoHS Regulations as they apply in NI, including affixing the CE marking, may also be placed on the GB market. See further detail in Section 9.

6) Guidance for distributors

6.1 A distributor is anyone in the supply chain, other than the manufacturer or the importer, who makes EEE available on the NI market. This includes wholesalers and retailers of products in scope.

6.2 Distributors of EEE have a duty under the RoHS Regulations to act with due care when making EEE available on the market. They must not make EEE available on the market if they have reason to believe that a restricted substance is present over the permitted limits.

6.3 The distributor must ensure that the required conformity marking, and information identifying both manufacturer and importer, if applicable, are clearly identifiable on the product, before it is made available on the market.

6.4 If a distributor modifies a product that has previously been placed on the market, in such a way that its compliance may be affected, the distributor takes on the responsibilities of a manufacturer and will need to comply with obligations placed on a manufacturer. See section 3 for guidance for manufacturers.

7) Notifications and obligations of non-compliance

7.1 If an economic operator (whether a manufacturer, importer, or distributor) has reason to believe that a product for which they are responsible may not comply with the RoHS Regulations, then they must immediately take corrective action, as appropriate, to:

• bring the product into compliance
• withdraw the product from the market
• recall the product from end-users

7.2 The economic operator must also take the following steps if they know or suspect a product is non-compliant:

• Keep a register of EEE that they have placed on the market that is non-compliant or that has been recalled and keep others in the supply chain informed of these matters.

• Communicate detected non-compliant products to other economic operators in the supply chain as follows:

  • manufacturers and importers must inform their distributors
  • importers must inform the manufacturer
  • distributors must inform the importer or manufacturer as appropriate

7.3 The economic operator must inform OPSS immediately of any non-compliance discovered, with supporting information, and detail any remedial or corrective actions taken. Notifications can be submitted to OPSS using the following form which encompasses all of the information that OPSS will require from an economic operator in order to determine next actions.

Read the RoHS notifications guidance and download the form.

Please note: This form should be completed in full. If you are unable to answer a question in full please make the reason for this clear.

8) Demonstrating compliance

Technical documentation

8.1 The purpose of technical documentation is to verify whether or not a product is compliant. A manufacturer should have sufficient information to determine compliance, to confidently draw up a DoC.

8.2 Technical documentation must, as applicable, contain at least the following elements:

• a general description of the product
• conceptual design and manufacturing drawings, schemes of components etc
• an adequate analysis and assessment of the risks of non-compliance
• descriptions and explanations necessary for the understanding of the above
• a list of designated standards and/or other relevant technical specifications
• results of design calculations, examinations etc
• compliance procedures for series production
• test reports
• information identifying the EEE and the manufacturer

Test reports

8.3 The technical documentation must, where applicable, include a test report (or reports) from a laboratory that provides testing of a product. It is the manufacturer’s responsibility to ensure that the test report is prepared correctly and that it accurately reflects the examination of all the components and materials used.

8.4 A test report should be up to date and clearly show that the product contains no more than the permitted limit of any restricted substance.

Declaration of Conformity

8.5 A Declaration of Conformity (DoC) is a document which must be drawn up for the EEE in compliance with the RoHS Regulations. The required information is outlined in the model DoC.

Download a model Declaration of Conformity.

8.6 The model includes guidance notes that should be removed on completion.

8.7 EEE that is subject to the RoHS Regulations will also be subject to other product regulations. Where those other regulations also require a Declaration of Conformity, a single Declaration of Conformity may be drawn up to declare conformity, listing each of the applicable regulations.

9) Qualifying Northern Ireland Goods

9.1 The government committed to providing unfettered access for qualifying NI goods to the rest of the UK market. Products that can be placed on the market in NI in accordance with the legislation, as it applies to NI, can be sold in the rest of the UK without any additional approvals.

9.2 The guide to placing EEE on the market in GB market has further details on these arrangements.

9.3 Read guidance on qualifying NI goods.

10) Our role

10.1 The Office for Product Safety and Standards is part of the Department for Business and Trade (DBT), and acts on behalf of the Department for Environment, Food and Rural Affairs (Defra) to enforce the RoHS Regulations in GB and NI. OPSS exercises the powers of the Secretary of State (as the market surveillance authority for the purposes of the RoHS Regulations, the Regulation on Accreditation and Market Surveillance (EU 765/ 2008) in its application to EEE in GB and the EU Market Surveillance and Compliance of Products Regulation (EU 2019/1020 as it applies in NI).

10.2 Our primary purpose is to protect people and places from product-related harm, ensuring consumers and businesses can buy and sell products with confidence.

Read about our approach to delivering regulation.

10.3 Our Enforcement Policy explains our approach to addressing non-compliance, providing a framework for our decision-making and helping those affected by our enforcement activities to understand how and why decisions are made.

10.4 If you have a specific enquiry about compliance or wish to contact us regarding suspected non-compliance please email OPSS.enquiries@businessandtrade.gov.uk.

Alternatively you can contact our helpdesk on 0121 345 1201.

Or in writing to:

Office for Product Safety and Standards
4th Floor Multistory
18 The Priory Queensway
Birmingham
B4 6BS
United Kingdom

11) Other regulations

11.1 EEE that is subject to the RoHS Regulations will also be subject to other product regulations. Economic operators will need to ensure that they are aware of these regulations and comply with the relevant obligations.

Some of these other regulations will require mandatory third-party conformity assessment.

11.2 OPSS is responsible for enforcing a range of product regulations that may be applicable to EEE. Further information is provided below in relation to those product regulations enforced by OPSS which are most likely to be applicable.

Read further information on other product regulations enforced by OPSS.

11.3 Most EEE will be subject to product specific safety regulations. Where product specific safety regulations do not apply, EEE may be subject to the General Product Safety Regulations 2005.

Read guidance on GB product safety regulations, including details of the relevant enforcement bodies.

11.4 EEE that includes one or more batteries will need to comply with the Batteries and Accumulators (Placing on the Market) Regulations 2008.

Read further information on these Regulations.

11.5 Some EEE will be subject to regulations relating to energy use (the Ecodesign for Energy-Related Products Regulations 2010) and energy information labelling (the Energy Information Regulations 2011).

Read further information on the ecodesign regulations.

Read further information on the energy labelling regulations.

11.6 Some EEE for use outdoors will be subject to requirements in relation to noise emissions (the Noise Emission in the Environment by Equipment for use Outdoors Regulations 2001).

Read further information on these Regulations.

11.7 EEE that has a weighing or measuring function may be subject to the Measuring Instruments Regulations 2016 or the Non-Automatic Weighing Instruments Regulations 2016.

Read guidance on NI metrology regulations.

11.8 Most EEE is covered by the Waste Electrical and Electronic Equipment Regulations 2013. The obligations include a requirement to mark EEE with a crossed out wheeled-bin symbol.

Read further information on these Regulations, including provisions delivered by the Environment Agency.

11.9 Economic operators should also be aware that their products may be subject to further product regulations for which other regulators hold responsibility.

12) Glossary

Alternating Current (AC) – An electric current that reverses its direction many times a second at regular intervals.

Authorised Representative – A person appointed in writing by a manufacturer to perform specific tasks for the manufacturer. An authorised representative can be based anywhere in the EEA or NI, but cannot be based in GB, in respect of products being supplied on the NI market. Manufacturers remain ultimately responsible for ensuring these tasks are carried out properly.

Conformity Marking – A marking by which a manufacturer indicates that a product complies with the applicable requirements set out in these Regulations.

Conformity Assessment Procedure – The process demonstrating whether the requirements of these Regulations are met in relation to EEE.

Conformity Assessment Body – Body that performs conformity assessment activities including calibration, certification, inspection and testing (sometimes referred to as an approved body).

Direct Current (DC) – An electric current flowing in one direction only.

Declaration of Conformity (DoC) – A signed, legal document stating that a product meets the requirements of a specified set of Regulations.

Directive – A legislative act of the EU that requires Member States to achieve a particular result without dictating the means of achieving the result.

Distributor – Any person in NI or the EEA supply chains, other than the manufacturer or the importer, who makes a product available in NI or the EEA markets.

Economic Operator – A manufacturer, authorised representative, importer or distributor.

European Economic Area (EEA) – The EEA includes EU countries and also Iceland, Liechtenstein and Norway. It allows them to be part of the EU’s single market. Switzerland is not an EU or EEA member but is part of the single market.

Homogenous Material – Any material which has a uniform composition throughout.

Importer – A person established in NI who places a product from a country outside of the EEA or NI on the NI market. A person based in NI who before EU Exit distributed a product from GB on the NI (or EEA) market, will be an importer if they are bringing products into NI from GB.

Make Available on the Market – To supply in the course of a commercial activity for distribution, consumption or use on the NI market.

Manufacturer – A person who manufactures EEE or who has EEE designed or manufactured and markets it under that person’s name or trademark.

Market Surveillance Authority (MSA) – The Secretary of State is the MSA for the purposes of the RoHS Regulations and the Regulation on Accreditation and Market Surveillance, Regulation EC 765/2008 (RAMS) in its application to EEE in GB and NI.

Maximum Concentration Value (MCV) – Percentage (by weight) of restricted substances in homogenous materials permitted in EEE.

Place on the Market – To make EEE available on the NI market for the first time.

Presumption of Conformity – EEE that conforms to a designated standard is presumed to comply with the applicable regulations.

Recall – Take any measure aimed at achieving the return of EEE that has already been made available to the end user.

Spare Part – A separate part of an item of EEE that can replace a part, which the EEE cannot function as intended without, whereby the functionality of the EEE is restored or upgraded when the part is replaced.

Withdraw – Take any measure aimed at preventing an item of EEE in the supply chain from being made available on the market.

UKCA Marking – The new UK conformity marking used for certain goods (including EEE) being placed on the GB market, in place of the CE marking which is the conformity marking used in NI and the European Union.

Appendix 1: Table of Obligations

In the table, column 1 = Manufacturer, 2 = Authorised representative, 3 = Importer and 4 = Distributor

Obligation	1	2	3	4
Design and manufacture EEE in compliance with RoHS	x
Place only compliant EEE on the GB market	x		x
Make available only compliant EEE on the GB market				x
Draw up technical documentation	x
Implement production control systems and checks to ensure compliance	x
Draw up a declaration of conformity	x
Affix conformity marking	x
Ensure that technical documentation and declaration of conformity remain available for 10 years after EEE is placed on the market	x	x	x
Ensure that EEE has been conformity marked by the manufacturer			x	x
Keep a register of all non-compliance and/or recalled EEE	x		x
Ensure that the manufacturer keeps a register of all non-compliant and/or recalled EEE			x
Ensure that the manufacturer has carried out the appropriate assessment of conformity			x
Ensure that the manufacturer has drawn up technical documentation			x
Ensure that EEE remains compliant for as long as it is produced	x
Ensure that EEE is marked with type /serial /batch number for identification	x		x	x
Ensure that EEE is marked with the manufacturer’s trademark/trade name and address	x		x	x
Design and manufacture EEE in compliance with RoHS	x
Ensure that EEE is marked with the importer’s trade name and address			x	x
Take corrective measures to ensure that any non-compliant EEE becomes compliant	x		x	x
If requested, provide OPSS with all the information required to demonstrate conformity	x	x	x	x
Cooperate with OPSS and take any action to ensure conformity	x	x	x	x
Meet all the Manufacturer obligations if you place EEE on the market under your own trademark/trade name			x	x

Appendix 2: Declaration of Conformity model

Declaration of Conformity model

Number…… (Unique identification of the EEE).

This should be a serial or batch number, if appropriate. A range can be given.

Name and address of manufacturer or authorised representative.

In the case of an authorised representative, this declaration of conformity should be accompanied by the mandate from the manufacturer naming the authorised representative.

This declaration of conformity is issued under the sole responsibility of the manufacturer.

Statement accepting responsibility for the compliance of the product being placed on the market.

Object of declaration (identification of EEE allowing traceability).

This should clearly identify the product being placed on the market, for which this declaration is relevant. A number of the same products, with different names, can be listed in one DoC, if the components used are the same (and they are all compliant).

Object of declaration described above is in conformity with Directive 2011/65/EU on the restriction of the use of certain hazardous substances in EEE.

Statement of conformity with the applicable regulations, this can include a list of regulations that require a DoC. Regulations that are conformed with, but do not require a DoC should not be listed on the DoC.

Where applicable, references to relevant harmonised standards, technical specifications and temporary exemptions used in relation to which conformity is declared.

Additional information.

Signed for and on behalf of………………………………………………………………….

The DoC must be physically signed when it is produced. A digital signature is not sufficient.

(Place and date of issue) (Name, function) (Signature)

The date must be shown on the DoC.

The DoC is a statement from a manufacturer taking responsibility for a product, as such, a suitable representative of the company must sign the declaration on completion.

Footnotes

1. Regulation 22 specifies exactly what an authorised representative can and cannot do on behalf of a manufacturer. ↩