Changes in the U.K.’s RoHS Regulation Post Brexit

The year 2020 brought unprecedented challenges to the electrical and electronic equipment (EEE) processing and manufacturing industries. On December 31, 2020 as the U.K. withdrew from E.U, manufacturers, importers and distributors of EEE operating in the region became legally bound to comply with the amendments to the RoHS regulation.

A Recap on RoHS

To regulate the risks to the environment and biodiversity from the exposure of hazardous substances and chemicals identified under the EU directive, RoHS mandates electrical and electronic manufacturers in Great Britain and Ireland to demonstrate compliance. The businesses dealing with the products identified in the hazardous chemical list must ensure they do not exceed maximum limits, declare, document and label the necessary information for conformity and RoHS certification. Great Britain and Northern Ireland manufacturers can declare conformity certificates with UKCA and CE mark, respectively.

What’s Changed Since U.K. 's Brexit?

Since January 1st, 2021, the RoHS amendments underpinning U.K. markets are applicable to all EEE products, cables and spare parts. However, there are exemptions to restricted substances for technical uses, provided they are within the prescribed maximum concentration values (MCVs), and the products run out of these chemicals after their shelf-life.

The other products exempted from the RoHS regulation include:

• Space and military equipment.
• Products that are vital for equipment manufacture, and are not included in the regulation.
• Industrial stationary and large-scale fixed installations.
• Solar panels or photovoltaic cells placed in specific regions.
• Transport equipment except electric-powered two-wheelers.
• Professional mobile machinery.
• B2B R&D products.
• Medical implant devices and equipment.
• Medical devices and instruments containing Phthalates. (till July 2021).

The RoHS regulation instructs manufacturers, retailers, importers and distributors, also called as economic operators, to identify their suppliers or whom they supplied for 10 years since the placement of EEE products in the U.K. market. In case the products are used for technical purposes, the economic operators can apply for exemption to permit the substances if they are within the permitted MCVs. The exemption systems differ for Northern Ireland and Great Britain, which operate independent of the EU’s system.

Recently, the U.K Government Department with responsibility for chemical policy and regulation, Defra announced a nation-specific guidance on RoHS. The U.K’s first ever guidance on RoHS exemptions can be accessed online as a web page, outlining the criteria to apply for exemptions and application processes. Defra will take independent decisions for the U.K.’s RoHS regulations. In January 2021, Defra began informing businesses or industry groups that come under the radar of RoHS exemption applicants or renewals of current exemptions. To follow Defra guidance in detail, you can refer the U.K. govt’s RoHS site.

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