Complying with the RoHS Regulations for manufacturers, importers and distributors of electrical and electronic equipment.

The Restriction of the Use of Certain Hazardous Substances (RoHS) in Electrical and Electronic Equipment Directive (2011/65/EU) aims to prevent hazardous substances from entering the production process and thereby keep them out of the waste stream.

Guidance

Manufacturers, authorised representatives, importers and distributors of electrical and electronic equipment within the scope of RoHS need to comply with the directive.

If you consider or have reason to believe that a product you are responsible for does not comply with the directive you must meet certain requirements which include:

  • notifying market surveillance authorities
  • informing the supply chain
  • taking remedial action

The Notifications and Actions document which can be accessed below provides guidance on this aspect of the legislation and aims to explain Regulatory Delivery’s approach to these obligations and our expectations.

Notification guidance for RoHS

Regulatory Delivery has produced guidance to the RoHS Directive which should be read alongside the European Commission FAQ document and government guidance notes and can be downloaded below.

Obligations

This table summarises the obligations of all economic operators that are affected by RoHS.

legal obligations manufacturer authorised representative importer distributor
  any supplier of an EEE for distribution, consumption or use in the course of a commercial activity and markets it under their own name anyone with a written mandate from a manufacturer to carry out administrative tasks on their behalf when placing EEE on the market anyone who imports EEE from outside the EU and places it on the EU market anyone in the supply chain, other than the manufacturer or importer, who makes EEE available on the EU market
design and manufacture EEE in compliance with RoHS      
place only compliant EEE on the EU market  
draw up technical documentation      
implement production control systems and checks to ensure compliance      
draw up an EU declaration of conformity      
affix CE mark      
ensure the EEE is accompanied by required documents    
ensure that technical documentation, in addition to the declaration of conformity, remains available for 10 years after the EEE is placed on the market  
ensure that the EEE has been CE marked by the manufacturer    
keep a register of all non-compliant and/or recalled EEE    
ensure that the manufacturer keeps a register of all non-compliant and/or recalled EEE      
ensure that the manufacturer has carried out an appropriate assessment of conformity      
ensure that the manufacturer has drawn up technical documentation      
ensure that the EEE remains compliant for as long as it is produced      
ensure that the EEE is marked with type/serial/batch number for identification  
ensure that the EEE is marked with the manufacturer’s trademark/trade name and address    
ensure that the EEE is marked with the importer’s trade name and address    
take corrective measures to ensure that any non-compliant EEE becomes compliant  
if requested, provide the NMRO with all the information required to demonstrate conformity
cooperate with the NMRO and take any action it requests to ensure conformity
meet all manufacturer obligations if you market EEE under your own trademark/trade name    

Legislation

The RoHS Directive 2011/65/EU is part of UK law under The Restriction of the Use of Certain Hazardous Substances in Electrical and Electronic Equipment Regulations 2012.

It has since been amended by a number of delegated regulations which can be accessed via the RoHS section of the European Commission website.