Restriction of hazardous substances (RoHS)—offences and enforcement
Restriction of hazardous substances (RoHS)—offences and enforcement

The following Environment guidance note provides comprehensive and up to date legal information covering:

  • Restriction of hazardous substances (RoHS)—offences and enforcement
  • Brexit impact
  • RoHS Regulations 2012
  • Enforcement
  • Offences and penalties
  • Remediation order
  • Defence of due diligence
  • Liability of persons other than the principle offender
  • Original RoHS Regulations

Brexit impact

As of exit day (31 January 2020) the UK is no longer an EU Member State. However, in accordance with the Withdrawal Agreement, the UK has entered an implementation period, during which it continues to be subject to EU law. This has an impact on this content. For further guidance, see: Brexit—impact on environmental law and Brexit Bulletin—key updates, research tips and resources.

RoHS Regulations 2012

The Restriction of the Use of Certain Hazardous Substances in Electrical and Electronic Equipment Regulations 2012, SI 2012/3032 (RoHS Regulations 2012), as amended by the Restriction of the Use of Certain Hazardous Substances in Electrical and Electronic Equipment (Amendment) Regulations 2019, SI 2019/492, implement the provisions of the European Parliament and Council Directive 2011/65/EU on the Restrictions of the use of certain Hazardous Substances in electrical and electronic equipment (RoHS 2).

RoHS 2 replaced the previous RoHS Directive—2002/95/EC, which was implemented in the UK by the Restriction of the Use of Certain Hazardous Substances in Electrical and Electronic Equipment Regulations 2006, SI 2006/1463 and later by the Restriction of the Use of Certain Hazardous Substances in Electrical and Electronic Equipment Regulations 2008, SI 2008/37 (the Original RoHS Regulations).

The RoHS Regulations 2012 impose obligations on economic operators throughout the supply chain (eg manufacturing, importing or distributing) in relation to the placing and