Guidance

Restriction of the Use of Certain Hazardous Substances in Electrical and Electronic Equipment Regulations 2012 (as amended): Great Britain

Updated 30 November 2022

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

November 2022

Summary

Purpose – This guidance has been produced by the Office for Product Safety and Standards (OPSS) with the aim of supporting understanding of 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 Great Britain.

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

• Manufacturer
• Authorised representative
• Importer
• Distributor

Regional coverage – The RoHS Regulations cover Great Britain and Northern Ireland. From 1 January 2021 some of the provisions of the RoHS Regulations apply differently in Great Britain (England, Scotland and Wales) and in Northern Ireland.

Status – Final

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) Background

1.1 This guidance is for businesses placing Electrical and Electronic Equipment (EEE) on the market in Great Britain (GB) from 1 January 2021 see footnote 1.

If you are placing EEE on the market in Northern Ireland, you should read separate guidance.

1.2 The RoHS Regulations set out some of the essential requirements which must be met before an electrical product can be placed on the GB market. Other regulations may need to be adhered to; further information is available in section 12.

1.3 The purpose of the RoHS Regulations is to restrict certain hazardous substances from entering the production process and to therefore ultimately keep them out of the environment.

1.4 This guidance has been produced by the Office for Product Safety and Standards (OPSS) with the aim of supporting understanding of 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 GB.

Legislation

1.5 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 see footnote 2.

1.6 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.

1.7 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 fix deficiencies in the RoHS Regulations that arose from the UK leaving the EU (such as references to EU institutions) and make specific provision for the GB market.

1.8 There is therefore one set of UK RoHS Regulations, but some of the provisions apply differently in NI (for as long as the Northern Ireland Protocol is in force). References to the RoHS Regulations in this guidance are references to those Regulations as they apply in Great Britain.

Read guidance on the Regulations as they apply in Northern Ireland.

1.9 EEE that meets the requirements of the RoHS Regulations as they apply in Northern Ireland may, in certain circumstances, be able to be sold in Great Britain. See section 10 for further information.

2) Scope

2.1 These regulations apply to EEE placed on the market in Great Britain. 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 mobile phone SIM cards through to televisions.

2.2 EEE is placed on the market when it is made available on the GB 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 GB market. A fully manufactured good 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 the good. 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 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, products that are required for certain military purposes, transporting of people or goods, or professional research and development.

2.5 Component parts are not 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 auditable closed-loop business-to-business return systems.

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 economic operators according to the role they are acting in, 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 any 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

2.12 The phthalate restrictions do not apply to medical devices (including in vitro) or monitoring and control instruments (including industrial) until 22 July 2021.

Substance exemptions

2.13 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 fluorescent tubes. These exemptions apply until their deadline is reached, after which the EEE must not contain the restricted substance at a level in excess of the MCV.

2.14 If an extension to a deadline is requested, the exemption can remain valid until a decision is reached.

2.15 Prior to 1 January 2021, the RoHS Regulations referred to the RoHS Directive in a way that ensured that changes to exemptions in the RoHS Directive were automatically implemented in the UK.

2.16 From 1 January 2021, this is no longer the case for EEE placed or made available on the GB market. Great Britain is operating an independent RoHS exemptions regime and will make direct legislative amendments where needed to introduce exemptions. Further information on the operation of this regime including guidance on how to apply for an exemption is available [email protected]

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 must 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, manufacture, and operation of the EEE.

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 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.

3.6 The manufacturer’s name and address must also be on the product before it is placed on the market. Transitional arrangements in relation to the provision of manufacturers details are explained in section 9.

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.

UKCA marking

3.8 Once a DoC has been produced, the manufacturer must place the UKCA (UK Conformity Assessed) marking on the product.

3.9 The UKCA marking is a new UK product marking and covers most goods which previously required the CE marking. Transitional arrangements in relation to UKCA marking are explained in section 9.

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 Mandated authorised representatives for the GB market can be based in GB or NI. After 1 January 2021, they cannot be based outside the UK.

4.3 From 1 January 2021, GB based authorised representatives will no longer be 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. Therefore, a GB manufacturer selling equipment to the EEA or into Northern Ireland, who wishes to appoint an authorised representative to carry out tasks for them in respect of that equipment, must appoint an authorised representative based in Northern Ireland or the EEA.

4.4 The tasks that a manufacturer may assign to an authorised representative are strictly administrative see footnote 3, for example, making technical documentation available to OPSS if necessary, in order to demonstrate compliance. The manufacturer cannot delegate any tasks that are necessary to ensure product compliance, such as drawing up technical documentation or checking production-control systems.

4.5 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 An importer is a person or business based in the UK who places products on the GB market from a country outside the UK.

5.2 A business based in the UK which used to act as a distributor of EEE before the end of the transition period, legally becomes an importer after the transition period ends, if that business places EEE from an EEA country or Switzerland on the GB market.

5.3 This includes products that are supplied to a NI business from the EEA or Switzerland, and which are then placed on the GB market. In this instance the NI business will take on importer obligations for EEA-supplied goods that are placed on the GB market. (See also section 10 on Qualifying Northern Ireland Goods).

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

5.5 The importer 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.

5.6 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.

5.7 For UK importers of EEE from the EEA or Switzerland, who used to act as distributors of EEE before the end of the transition period, there are transitional arrangements in place in respect of the provision of importer details (see section 9).

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

5.9 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).

5.10 Qualifying Northern Ireland goods complying with the legislation as it applies in Northern Ireland, including affixing the CE marking, may also be placed on the GB market. See further detail in section 10.

6) Guidance for distributors

6.1 A UK business that was a distributor of EEE within the EU single market will become an importer from 1 January 2021, taking on the legal obligations of an importer (see section 5) if it places EEE from an EEA country or Switzerland on the GB market. The business will remain a distributor if it is only making available EEE that has already been placed on the GB market by the manufacturer or importer. Read further guidance on where obligations are changing.

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

6.3 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.

6.4 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.

6.5 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 responsibility of manufacturer, and will need to comply with obligations placed on a manufacturer. See section 3 for guidance for manufacturers.

7) Notifications of non-compliance

7.1 If an economic operator (whether a manufacturer, importer, or distributor) has a reason to believe that some or all of the products for which they are responsible may not comply with the RoHS Regulations, then they must immediately take corrective action to bring the product(s) into compliance, withdraw, or recall the product(s) from the market.

Read further guidance under ‘How Do I Comply?’.

7.2 Further, the economic operator must inform OPSS immediately of any non-compliance discovered, with supporting information, and detail any remedial or corrective actions taken.

7.3 There is a template for ‘Notifications of Non-Compliance’ available on the OPSS website which encompasses all of the information that OPSS will require from the economic operator in order to determine next actions.

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, so as 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;
• 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; and
• 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 composition 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 Access a model DoC, based on Part 4 of Schedule 1A to the RoHS Regulations.

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

8.7 Further information on Declarations of Conformity can be found in section 12.2.

9) Transitional arrangements

Products placed on the market before 1 January 2021

9.1 If you have already placed an individual fully manufactured product on the EEA or the UK market (either in Northern Ireland or Great Britain) before 1 January 2021, you do not need to do anything new in respect of that product. These individual products can continue to circulate on the market until they reach their end user and do not need to comply with the changes that take effect from 1 January 2021.

9.2 You can usually provide proof of placing on the market on the basis of any relevant document ordinarily used in business transactions, including:

• contracts of sale concerning goods which have already been manufactured and meet the legal requirements
• invoices
• documents concerning the shipping of goods for distribution

9.3 The relevant economic operator (whether manufacturer, importer or distributor) bears the burden of proof for demonstrating that the EEE was placed on the market before 1 January 2021.

UKCA marking

9.4 Manufacturers are able to continue to use the CE marking until 31 December 2024 in most cases.

9.5 From 1 January 2025, all EEE placed on the GB market must be marked with the UKCA marking, with the exception of products that are Qualifying Northern Ireland Goods (see section 10). See footnote 4

9.6 Until 1 January 2028, the UKCA marking may be affixed to a label or a document accompanying the EEE. However, after that date the UKCA marking must be placed on the product itself. See footnote 5

9.7 Read further information on the use of the UKCA mark and the cases in which CE marking may continue to be used until 31 December 2024.

9.8 It is possible to affix both the UKCA marking and the CE marking to the same equipment on the basis of self-declaration, as long as the EU and GB requirements remain the same. When selling to the EU, the CE marking remains mandatory.

Identifying information

9.9 UK distributors of goods from the EEA or Switzerland who become importers into the GB market are able to provide their details on the packaging or accompanying documentation as an alternative to placing them on the product itself until 1 January 2028. This applies to goods that are not qualifying Northern Ireland goods. For further detail on qualifying Northern Ireland goods, see section 10.

9.10 The EU does not have any such transitional provision. In the absence of this, products being sold from GB into NI or the EU must be labelled with the NI or EU-based importer’s address. Read further detail about placing on the NI market.

10) Qualifying Northern Ireland Goods

10.1 The government has committed to providing unfettered access for qualifying Northern Ireland goods to the rest of the UK market after 1 January 2021. Products that can be placed on the market in Northern Ireland in accordance with the legislation, as it applies to Northern Ireland, can be sold in the rest of the UK without any additional approvals.

10.2 This means that EEE that is a qualifying Northern Ireland good can be sold in the rest of the UK if the CE marking is currently applied to the good on the basis of self-declaration.

10.3 This will be the case even if there are changes between the EU rules that the Northern Ireland Protocol applies to NI and the GB rules.

10.4 NI businesses that are importing products from the EEA and placing them on the GB market must ensure that the relevant conformity assessment procedure has been carried out, that the technical documentation has been drawn up and that the equipment bears the CE marking. They will also have to comply with the importer labelling duties (see section 5 on guidance for importers).

10.5 Read further information on Northern Ireland Qualifying goods.

11) Our role

11.1 The Office for Product Safety and Standards is part of the Department for Business, Energy and Industrial Strategy and is appointed by the Department for Environment, Food and Rural Affairs (Defra) as the market surveillance authority responsible for ensuring compliance with the RoHS Regulations in Great Britain and Northern Ireland.

11.2 We operate across a range of sectors with a focus on technical, environmental, and product-based regulations. We make regulation work, protecting people and the environment, enabling businesses, and maximising the impact of what we do, in partnership with users and stakeholders.

11.3 Our approach to carrying out our regulatory activities is explained in our Service Standards. We know that good regulation is proportionate, consistent, targeted, accountable and transparent. We use the full range of tools and powers available to us to promote compliance and enforce the law to maintain protection, fairness and confidence.

11.4 We ensure that information, guidance and advice are available to help those we regulate to understand and meet legal requirements. Enquiries and requests for guidance or advice can be made by contacting us:

• Email: [email protected]
• Telephone: 0121 345 1201
• Post: Office for Product Safety and Standards, 4th Floor, Cannon House, 18 The Priory Queensway, Birmingham B4 6BS

11.5 We carry out inspections and other activities to check compliance with legal requirements, and we target these checks where we believe they are most needed.

11.6 We are committed to dealing with non-compliance with legal requirements in a manner proportionate to the nature, seriousness and circumstances of the offence, as set out in our Enforcement Policy. Our aim is to deliver enforcement that is fair and objective, while also being robust, credible, and consistent with the intentions of the legislation. We use compliance advice, guidance, and support as a first response to many breaches, where we consider this effective and proportionate. However, we will deal firmly with those that deliberately, persistently, or recklessly fail to comply with their obligations.

11.7 When we take enforcement action or make a regulatory decision in relation to a business or other body that we regulate, we will always provide a clear and timely explanation of any associated right to appeal. Further information on rights to appeal is available in our Challenges and Appeals Guidance.

12) Other regulations

12.1 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 EEE will also be subject to regulations that require mandatory third-party conformity assessment.

12.2 Some of these other product regulations will also require a declaration of conformity. In these circumstances, a single declaration of conformity may be drawn up to declare conformity, listing each of the applicable regulations.

Read further information on declarations of conformity and the UK conformity assessment mark (UKCA).

12.3 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.

12.4 Some EEE is covered by the Waste Electrical and Electronic Equipment Regulations 2013 (as amended). 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.

12.5 EEE that includes one or more batteries will need to comply with the [Batteries and Accumulators (Placing on the Market) Regulations 2008] (www.legislation.gov.uk/uksi/2008/2164/contents) (as amended).

Read further information on these Regulations.

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

Read further information on the ecodesign regulations.

Read further information on the energy labelling regulations.

12.7 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 (as amended)).

Read further information on these Regulations.

12.8 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 GB metrology regulations.

12.9 Most EEE will also 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.

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

13) 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. From 1 January 2021, authorised representatives for the GB market must be based in the UK. 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 – 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 the GB supply chain, other than the manufacturer or the importer, who makes EEE available on the GB market.

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 the UK who places electrical equipment from a country outside of the UK on the GB market. This includes a person based in NI who has been supplied with the product from an EEA country, who would, under NI law, be a distributor. A person, who before 1 January 2021 (under EU Rules) distributed EEE within the UK from the EU or from Switzerland, is now an importer if they are bringing such equipment into GB from another country (including EU Member States, the EEA or Switzerland).

Make Available on the Market – To supply in the course of a commercial activity for distribution, consumption or use on the GB 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 regulatory body appointed in GB and NI to enforce the regulations.

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 GB 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 Northern Ireland 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
Design and manufacture EEE in compliance with RoHS	x			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 market EEE 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).

The object of the declaration described above is in conformity with relevant statutory requirements:

Statement of conformity with the applicable regulations, this should 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 designated standards or technical specifications 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.

14) Footnotes

1: The Implementation or Transition Period officially ended at 11pm on 31 December 2020; therefore, references to 1 January 2021 should be read as meaning 11pm on 31 December 2020.

2: This is often referred to as RoHS 2, or ‘the Recast’.

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

4: On 24 August 2021 the Government announced the transition period for UKCA marking would be extended until 31 December 2022. On 14 November 2022 the Government placed legislation before Parliament extending this until 31 December 2024.

5: On 20 June 2022 the Government announced the provisions for UKCA labelling and importer labelling would be extended until 31 December 2025. On 14 November 2022 the Government placed legislation before Parliament extending this until 31 December 2027.