The United Kingdom's commitment to safe and sustainable technology is evident through the Restriction of the Use of Certain Hazardous Substances in Electrical and Electronic Equipment Regulations 2012, commonly referred to as the UK RoHS Regulation. It is based on the RoHS Directive of the European Union. Introduced with foresight by the Office for Product Safety and Standards (OPSS), these regulations are instrumental in governing the utilization of hazardous substances in electrical and electronic equipment (EEE). Since their implementation, they have played a pivotal role in safeguarding both human well-being and environmental integrity. With an overarching aim to align with Great Britain's context, the UK RoHS Regulation ensures that EEE placed on the market meets stringent criteria, thereby underscoring the nation's resolute commitment to a healthier and more sustainable future.

As of January 1, 2021, the RoHS Regulations have been implemented in both Great Britain (England, Scotland, and Wales) and Northern Ireland, with certain provisions applying differently between the two regions.

Scope of UK RoHS Regulations

• All EEE falls within the scope of the RoHS regulations, unless explicitly excluded (e.g., military equipment).
• The RoHS regulations apply to finished products placed on the market. Component parts, as they are not directly placed on the market, are not within the scope of these regulations.
• If a part is extracted or recovered from previously out-of-scope EEE, the RoHS regulations do not cover the reuse or application of such spare parts.

All products falling within the scope must:

• Possess supporting technical documentation (commonly known as a technical file) to provide evidence of compliance.
• Include a Declaration of Conformity (DoC) to affirm compliance with the RoHS regulations.
• Feature the necessary information on the product label.
• Display the appropriate conformity marking suitable for the GB and/or Northern Ireland markets as applicable.

UK ROHS Technical Documentation Requirements

Technical documentation must, as applicable, contain at least the following elements:

Who needs to Comply with UK RoHS

Affected Entities:

• Manufacturer
• Authorised representative
• Importer
• Distributor

Prohibited Substances and Concentration Limits under UK RoHS

The current UK-RoHS regulation imposes restrictions on economic operators who introduce EEE into the GB market. Specifically, it prohibits the placement of EEE that contains a homogenous material surpassing the permitted concentration values for any of the ten substance groups listed below:

1. Cadmium (0.01%)
2. Lead (0.1%)
3. Mercury (0.1%)
4. Hexavalent chromium (0.1%)
5. Polybrominated biphenyls (0.1%)
6. Polybrominated diphenyl ethers (0.1%)
7. Bis(2-ethylhexyl) phthalate (0.1%)
8. Benzyl butyl phthalate (0.1%)
9. Dibutyl phthalate (0.1%)
10. Diisobutyl phthalate (0.1%)

Which EEE Products are Exempted from UK RoHS

• Equipment designed specifically for military use or intended for deployment in space is exempt from the RoHS regulations.
• Products that are integral to equipment not covered by the regulations are also exempt.
• Large-scale stationary industrial tools and large-scale fixed installations are outside the scope of the regulations.
• Photovoltaic (solar) panels manufactured for permanent use at specific locations are exempt.
• Means of transport, excluding certain two-wheeled electric vehicles, are not covered by the regulations.
• Non-road mobile machinery designed specifically for professional use falls outside the scope of the regulations.
• Products intended solely for research and development purposes and available on a business-to-business basis are exempt.
• Pipe organs are not subject to the RoHS regulations.
• Active implantable medical devices are exempt from the regulations.

UK ROHS Marking Requirement

Products placed on the market in Great Britain require the UKCA mark, while products in Northern Ireland need the CE mark. These markings signify adherence to the respective regulations.

Recent developments in August 2023 emphasize key considerations for product marking in Great Britain:

UK RoHS: Key Considerations for UK-based Manufacturers, Authorized Representatives, Importers, or Distributors

i. Manufacturer must:

• Ensuring the compliance of the whole product being placed on the market.
• Producing and maintaining technical documentation to demonstrate compliance with the RoHS Regulations.

ii. Importers must:

• Verify that manufacturers have complied with the regulations for the EEE they intend to place on the market in Great Britain and/or Northern Ireland.
• Keep a copy of the Declaration of Conformity provided by the manufacturer.
• Ensure that technical documentation is accessible and available to the Office for Product Safety and Standards (OPSS) upon request for a period of 10 years following the initial placement of the last product on the market.

iii. Distributors must:

• Ensure that Electrical and Electronic Equipment (EEE) displays the relevant markings indicating compliance with the RoHS regulations.
• Refrain from making any non-compliant products available in the market if there is reason to believe they do not meet the requirements.
• If a distributor modifies EEE in a manner that may impact its compliance, they are required to fulfil all the obligations of the manufacturer in terms of ensuring conformity with the RoHS regulations.

UK RoHS Non-Compliance & Enforcement

If an economic 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 into compliance, withdraw, or recall the product from the market. Failure to adhere to the RoHS Standards may lead to individuals responsible facing potential consequences, including imprisonment or fines of up to £20,000.

Conclusion: Restriction of Hazardous Substance (RoHS) regulation in the United Kingdom (UK) is a vital framework implemented to regulate the use of hazardous substances in Electrical and Electronic Equipment (EEE). The UK has its own amended version of the RoHS regulations following Brexit, which businesses must adhere to when placing EEE on the GB market. Manufacturers, authorized representatives, importers, and distributors all have specific responsibilities to ensure compliance with the RoHS regulations. By following these regulations, the UK aims to restrict the use of hazardous substances and safeguard the environment.