The RoHS Directive aims to minimise the environmental impact caused by waste electrical and electronic equipment by reducing the amount of heavy metals and flame retardants used in the manufacture of electrical equipment. The Directive came into force on the same date as the WEEE Directive on 27 January 2003 and imposes obligations on companies from 1 st July 2006 .
“RoHS” stands for 'the restriction of the use of certain hazardous substances in electrical and electronic equipment' and the Directive was implemented into UK law in the form of the RoHS Regulations.
A large amount of products are included within the scope of RoHS which refers to the product categories of the WEEE Directive. If you put products on the EU market which require electricity as the main power source with a voltage rating less than 1,000V A.C. or 15,000V D.C., we would recommend you join our FREE Info Scheme to find out more detail. Scope analysis is very complex and our downloads and links will help you determine if your products are affected.
There is no minimum threshold below which action needn't be taken. Any company classed as a producer will face obligations under the legislation and therefore is at risk of prosecution if they don't meet the requirements. You can find out more about whether your company is called a producer in our glossary .
If you are a producer, you will have to ensure that the products you place on the market after 1 st July 2006 (falling in scope) don't have concentrations of restricted substances above certain levels. There is no requirement to register products or producers under the RoHS Regulations and no requirement to mark products as being RoHS compliant. See our services for further information on how to comply.
The restricted substances are: Lead, Cadmium, Mercury, Hexavalent Chromium, Polybrominated biphenyls (PBBs), Polybrominated diphenyl ether (PBDEs) and flame retardants.
RoHS is enforced in the UK by the National Weights and Measures Laboratory (NWML). Failure to comply with the RoHS Regulations can lead to fines up to the statutory maximum (currently £5,000) on summary conviction or an unlimited fine on conviction on indictment. Those failing to submit compliance documentation upon request may also be fined.
The Regulations also provide for the ‘liability of persons other than the principle offender' and allow a third party to be prosecuted as though they had committed the offence. This legislation therefore has potentially serious ramifications for a producer's suppliers if false or misleading declarations are provided to the producer.
Where an offence by a corporate body is shown to have been committed with the consent, connivance or through the neglect of any director, manager or similar officer of the corporate body, they may be regarded as having committed the offence as well as the corporate body.
At Budget Pack we can help you fulfil every single one of your obligations; whether you depend on us to handle the entire process or just to support your existing activities, we'll make sure you meet your requirements.
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