Fact-sheet: Electrical and electronic equipment (RoHS)

Since July 22, 2019, electrical and electronic equipment must not contain:

Lead, Mercury, Cadmium, Hexavalent chromium, Polybrominated biphenyls (PBB), Polybrominated diphenyl ethers (PBDE), Di(2-ethylhexyl)phthalate (DEHP), Butylbenzylphthalate (BBP), Dibutylphthalate (DBP) and Diisobutylphthalate (DIBP).

The limit value is 0.1% for all substances except for cadmium, where the limit is 0.01%. The rules cover all electrical and electronic products as a starting point."

Reducing harmful substances is good for the environment and human health

The restrictions aim to protect consumers from dangerous substances, for instance brominated flame retardants can cause birth defects and cancer. In addition, the equipment will be less dangerous to the environment when it eventually becomes waste and may be easier to recycle.

The rules also apply to spare parts 

As a starting point, the rules apply to the finished product, but components to be used as spare parts are also covered by the rules. Spare parts that are only used for equipment sold before the rules came into force or for equipment that is exempt from the rules do not have to comply with the rules. This is called the 'repair as produced' principle.

The rules are gradually coming into force 

Since 2006, the rules have covered large and small household appliances, IT and telecom equipment, consumer equipment (radio, TV, etc.), lighting equipment (both electric bulbs and lamps), tools, toys, leisure and sports equipment, and vending machines. In 2014, medical equipment as well as measuring and control instruments were included.

From July 22, 2017, industrial measurement and control instruments were included. From July 22, 2019, all other equipment was included.

Products exempt from the rules

For various reasons, the following product groups are exempt from the RoHS rules:

• Military equipment
• Space equipment
• Specifically designed equipment for installation in other equipment
• Large stationary industrial tools
• Large fixed installations
• Certain means of transport
• Mobile non-road machinery for professional use
• Active implantable medical equipment
• Solar panels intended for large solar installations
• Equipment specifically developed for research and development
• Pipe organs

Components exempt from the rules

If there are no alternatives to a specific component or application, it is possible for companies to apply for an exemption from the EU Commission. You can see all the exemptions in Annexes 3 and 4 of the regulation. How to apply for an exemption is described in Chapter 5 of the RoHS Directive.

Old equipment is not covered by the rules

Equipment that has been put on the European market before the rules came into force does not have to meet the requirements and can be freely resold. When something has been put on the market, you can read more about in the so-called Blue Guide on general guidelines for EU's product legislation from 2016 in sections 2.3 and 2.4.

It is a good idea to provide/request documentation further down the distribution chain that the equipment has been marketed by the manufacturer before the rules came into force. The documentation may be necessary in connection with later control.

CE marking and EU declaration of conformity

Since 2013, manufacturers of new electrical and electronic equipment in relation to RoHS have had to:

• carry out conformity assessment procedure
• prepare the necessary technical documentation
• prepare an EU declaration of conformity and CE mark their equipment

Importers must ensure that the manufacturer has fulfilled its obligations and dealers of electrical and electronic equipment must ensure that their products are CE marked.

There are a number of rules for electronics

Be aware that there are a number of rules that electronics must comply with. In relation to chemical substances, one should pay attention to the general chemical rules (REACH). If there are batteries in the product, one should pay attention to the specific rules for batteries. If it is electronic toys, the equipment must also comply with the toy rules.

In addition, one should be aware that there are also other requirements for electronics such as producer responsibility in relation to electronic waste, requirements for power consumption and safety in relation to short circuit.

Manufacturers, importers and distributors are responsible

The import or sale of products that do not comply with the regulation is prohibited within the EU. Enterprises must ensure that equipment does not contain the prohibited substances.

Control

The Environmental Protection Agency’s chemical inspectors monitor compliance with the regulation and will ensure that illegal situations are brought into compliance. This may involve withdrawing the product from the Danish market, or making the product legal in some other way. Anyone who breaches the regulations may additionally face a fine or prison sentence of up to two years.