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