The Restriction of the use of certain Hazardous Substances in Electrical and Electronic Equipment Directive (known as the RoHS Directive) limits the levels of specific hazardous substances in components and materials in electrical and electronic products permitted on the European market, including many consumer goods.
The RoHS Directive aims to reduce the potential risks posed by hazardous chemicals in these products to human health and the environment. By reducing the quantities of these hazardous substances in electrical and electronic equipment (EEE), this minimises the risk of occupational exposure during manufacture and reduces the release of these chemicals into the environment, particularly during the recovery and disposal of waste electrical and electronic equipment (WEEE).
The Directive covers a wide range of products which require electrical power to function properly, ranging from hair dryers to sophisticated medical equipment.
The RoHS Directive currently restricts the use of ten substances in each component part of the EEE:
All products with an electrical and electronic component, unless specifically excluded, must comply with these restrictions. Exemptions are allowed under certain conditions, details on exemptions and relevant timeframes are available on the European Commission’s page on Implementation of the RoHS Directive.
While the Directive’s compliance is evaluated at the homogenous material and individual component level, the Directive is enforced at product level. The scope of the Directive is limited to certain EEE and to a limited number of specified substances.
The RoHS Directive also sets out requirements for labelling of products with information such as manufacturer information, and WEEE symbol indicating that the product should be disposed of through WEEE collections.
The CE mark is also a requirement for RoHS compliance. The CE mark is a declaration by the manufacturer that the product complies with all EU directives, and in the case of RoHS it also confirms that the product is free from hazardous substances above the limits set in legislation.
The EPA monitors the Irish market for non-compliant products under the RoHS Directive by carrying out market surveillance activities. The EPA carry out spot check campaigns for labelling requirements, technical documentation, online and in-situ market checks for products notified across Europe as being non-compliant, and analysis of products for hazardous substances.
Where non-compliant products are found to be available to Irish consumers, the EPA will instruct the economic operator (i.e. manufacturer, importer or retailer) to remove the product from sale, and if necessary, conduct a recall of the affected product.
These market surveillance activities are important to ensure that EEE available to Irish consumers are safe, EEE can be recycled at end of life and ensure fair competition between all economic operators.
The EPA are alerted to non-compliant products identified in other European Economic Area (EEA) countries through the European Commission Safety Gate Alerts system. Each alert contains information on the non-compliant product detected, a description of the risk posed by the product to the environment or to human health, and the measures taken by the economic operator or measures ordered by the authority. This system unifies market surveillance activities across all EEA countries.
The Safety Gate system is also available to the public. It allows consumers and retailers to access information on non-compliant products and recalls across the EEA, and report instances of unsafe products.
The RoHS Directive sets out numerous obligations for manufacturers, importers and/or retailers of EEE. Some of these obligations are summarised below. The full details for manufacturers, importers and/or retailers of EEE are available within the legal text and accompanying guidance documents.
These economic operators also have other obligations, including those listed under the Market Surveillance Regulation (EU) 2019/1020.
Manufacturers, importers and retailers must ensure that they only offer compliant products to consumers within the European single market. Products must have a Declaration of Conformity and have the CE marking affixed to the finished product.
Products placed on the European Internal Market must comply with all relevant legislation. Other market surveillance legislation may also apply to products, such as General Product Safety Regulation, Market Surveillance Regulation, Digital Services Act, Eco-design for Sustainable Products Regulation, and the Toy Safety Directive etc.
Information on other Market Surveillance Authorities in Ireland that cover different legislation is available here: National Market Surveillance Authorities/ Competent Authorities in Ireland and the Relevant Legislation.
Also, there must be at least one economic operator, e.g. manufacturer, importer or authorised representative located within the European Union, with responsibility for ensuring products are compliant and related requirements are fulfilled before they can be made available on the market.
The new Market Surveillance Regulation (EU) 2019/1020 obliges economic operators in the EU to share information and cooperate with market surveillance authorities. This guidance document explains the communication channels between economic operators and market surveillance authorities to ensure that sellers of certain categories of products have a designated representative established in the EU.
In accordance with Article 7, Article 9, and Article 10 of the RoHS Directive, where a manufacturer, importer, or retailer have reason to believe that a product they have placed on the market is not in conformity with the RoHS Directive, they must immediately take necessary corrective measures and inform the relevant competent authorities in each country where the products was made available.
In Ireland, such notifications should be submitted to rohs@epa.ie and include information on the non-compliance and any corrective measures taken.
European Commission RoHS Webpage and FAQs
RoHS Directive – Directive 2011/65/EU – Consolidated version
RoHS Regulations – S.I. 513 of 2012
Commission Implementing Decision (EU) 2020/659 : EN IEC 63000:2018
Report on the European Commission review of the RoHS Directive
Exemptions Procedures for RoHS Directive