Restriction of hazardous substances (RoHS)—offences and enforcement

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

  • Restriction of hazardous substances (RoHS)—offences and enforcement
  • Brexit
  • Transitional arrangements
  • Waste (Miscellaneous Amendments) (EU Exit) (No 2) Regulations 2019, SI 2019/188
  • The Hazardous Substances and Packaging (Legislative Functions and Amendment) (EU Exit) Regulations 2020, SI 2020/1647
  • RoHS Regulations 2012
  • Enforcement
  • Test purchases
  • Entering premises
  • Inspecting, seizing and detaining EEE
  • More...

Restriction of hazardous substances (RoHS)—offences and enforcement

Brexit

11 pm (GMT) on 31 December 2020 marked the end of the Brexit transition/implementation period entered into following the UK’s withdrawal from the EU. At this point in time (referred to in UK law as ‘IP completion day’), key transitional arrangements came to an end and significant changes began to take effect across the UK’s legal regime.

Transitional arrangements

Economic operators (whether manufacturer, importer or distributor) that placed fully manufactured products on the EEA or the UK market (either in Northern Ireland or Great Britain) before 1 January 2021, do not need to do anything new in respect of that product. These individual products can continue to circulate on the market until they reach their end user and do not need to comply with the changes that took effect from 1 January 2021. The relevant economic operator bears the burden of proof for demonstrating that the electrical and electronic equipment (EEE) was placed on the market before 1 January 2021, such as through providing contracts, invoices and shipping documents.

Manufacturers are able to continue to use the CE marking until 31 December 2022 in most cases. From 1 January 2023, all EEE placed on the Great Britain market must be marked with the UKCA marking, with the exception of products that are qualifying Northern Ireland goods (see below). These deadlines

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