| Guvnor

Enforced by: OPSS
Status: Amended (in force with amendments)
Penalty ceiling: Imprisonment 11 of 38 obligations carry an unlimited fine. 1 carries different penalties and 26 have no criminal penalty — flagged in the list below.

Does it bind you?

Business-side roles with duties under this instrument.

Manufacturer22 Any Person6 Distributor4 Director or Officer1 Operator1

Plus 4 duties on the regulator, Crown ministers and public bodies — folded into the section list below.

Other Acts binding the same actors

If a role above is yours, these are the other instruments that most often bind it.

Manufacturer — also bound by 502 other Acts

Pressure Equipment (Safety) Regulations 2016 93 duties

Measuring Instruments Regulations 2016 85 duties

Non-Automatic Weighing Instruments Regulations 2016 78 duties

Commission Delegated Regulation (EU) 2017/654 of 19 December 2016 supplementing Regulation (EU) 2016/1628 of the European Parliament and of the Council with regard to technical and general requirements relating to emission limits and type-approval for internal combustion engines for non-road mobile machinery 76 duties

Human Medicines Regulations 2012 75 duties

Any Person — also bound by 2340 other Acts

Human Medicines Regulations 2012 184 duties

Merchant Shipping Act 1995 144 duties

Insolvency (England and Wales) Rules 2016 104 duties

Communications Act 2003 92 duties

Road Traffic Act 1988 92 duties

Distributor — also bound by 182 other Acts

UK REACH Regulation (retained EU law) 44 duties

The Marketing of Fruit Plant and Propagating Material (England) Regulations 2017 28 duties

The Marketing of Fruit Plant and Propagating Material (Wales) Regulations 2017 26 duties

The Marketing of Fruit Plant and Propagating Material Regulations (Northern Ireland) 2017 25 duties

Electricity Safety, Quality and Continuity Regulations 2002 21 duties

Director or Officer — also bound by 429 other Acts

Insolvency (England and Wales) Rules 2016 162 duties

Companies Act 2006 126 duties

Insolvency Act 1986 77 duties

The Large and Medium-sized Companies and Groups (Accounts and Reports) Regulations 2008 68 duties

Building Societies Act 1986 32 duties

Operator — also bound by 746 other Acts

Regulation (EU) No 965/2012 (Air Operations) 203 duties

Commission Implementing Regulation (EU) 2018/2066 of 19 December 2018 on the monitoring and reporting of greenhouse gas emissions pursuant to Directive 2003/87/EC of the European Parliament and of the Council and amending Commission Regulation (EU) No 601/2012 (Text with EEA relevance) 121 duties

Commission Regulation (EU) No 601/2012 of 21 June 2012 on the monitoring and reporting of greenhouse gas emissions pursuant to Directive 2003/87/EC of the European Parliament and of the Council (Text with EEA relevance) (repealed) 112 duties

Space Industry Regulations 2021 76 duties

Regulation (EU) 2016/429 of the European Parliament and of the Council of 9 March 2016 on transmissible animal diseases and amending and repealing certain acts in the area of animal health (‘Animal Health Law’) (Text with EEA relevance) 66 duties

What it requires

Regulations creating concrete business duties or carrying penalties, grouped as the instrument is structured. Titles link to the source text — blue means you’re leaving for legislation.gov.uk.

Part 1

Preliminary

0 of 11 sections shown

11 other sections in this Part — procedural and definitional

s.001 Citation and commencement

s.002 Interpretation

s.003 Restriction on the use of certain hazardous substances in EEE

s.004 Definition of EEE

s.005 EEE to which these Regulations apply

s.006 Exclusion until 22nd July 2019 for EEE outside the scope of the 2008 Regulations

s.007 Revocation and transitional arrangements

s.008 Existing legislation

s.009 Presumption of conformity for EEE

s.interpretation: designated standard Interpretation: designated standard

s.modifications to the directive Modifications to the Directive

Part 2

Prohibitions and Obligations on Economic Operators

24 of 27 sections shown

s.010 Prohibitions on placing EEE on the market Prosecution

Ensure electrical products meet hazardous substance and safety standardsManufacturer

Unlimited fine

s.011 Design and manufacture of EEE Regulated

Design and manufacture electrical equipment to meet substance restrictionsManufacturer

s.012 Conformity assessment procedure and drawing up of technical documentation Regulated

Assess product conformity and create technical documentationManufacturer

s.014 (1) The ... declaration of conformity must state that it... Regulated

Prepare and maintain a Declaration of Conformity for electrical equipmentManufacturer

s.015 Duty to keep technical documentation and EU declaration of conformity Regulated

Keep technical and compliance records for 10 yearsManufacturer

s.016 EEE to bear UK marking Regulated

Label electrical equipment with the UK markingManufacturer

s.017 Compliance procedures for series production Regulated

Maintain compliance procedures for mass-produced electronicsManufacturer

s.018 Information identifying EEE and manufacturer Regulated

Mark electrical equipment with identification and manufacturer detailsManufacturer

s.019 Register of EEE Regulated

Maintain a register of faulty or recalled electrical productsManufacturer

s.020 Non-compliant EEE Regulated

Recall or fix non-compliant electrical or electronic equipmentManufacturer

s.021 Co-operation with the authorities Prosecution

Cooperate with authorities regarding hazardous substances in electronicsManufacturer

Unlimited fine

s.022 Manufacturers’ authorised representatives Regulated

Rules for appointing an authorised representativeManufacturer

s.023 Prohibition on placing EEE on the market Prosecution

Ensure electronic equipment meets hazardous substance limits before importManufacturer

Unlimited fine

s.024 Information identifying importers Regulated

Label imported electrical equipment with your business identity and addressManufacturer

s.025 Monitoring of EEE Regulated

Keep a register of non-compliant and recalled electronicsManufacturer

s.026 Non-compliant EEE Regulated

Report and rectify non-compliant electrical or electronic equipmentManufacturer

s.027 Retention of documentation and co-operation with the authorities Regulated

Keep records and cooperate with authorities for imported electrical equipmentManufacturer

s.028 Duty in certain circumstances to comply with manufacturers’ duties in place of importers’ duties Prosecution

Comply with manufacturer duties when branding imported productsManufacturer

Unlimited fine

s.029 Duty to act with due care and prohibition on making EEE available on the market Regulated

Verify compliance before distributing electrical and electronic equipmentDistributor

s.030 Non-compliant EEE Regulated

Manage and report non-compliant electrical or electronic equipmentDistributor

s.031 Co-operation with the authorities Prosecution

Cooperate with authorities and provide documentation upon requestDistributor

Unlimited fine

s.032 Duty in certain circumstances to comply with manufacturers’ duties in place of distributors’ duties Regulated

Comply with manufacturer duties if you modify equipmentDistributor

s.033 Identification of economic operators to the market surveillance authority Regulated

Identify your supply chain links to the regulator upon requestOperator

s.034 Protection of UK marking Prosecution

Affix UK marking without proper authority or complianceAny Person

Unlimited fine

3 other sections in this Part — procedural and definitional

s.further use of the uk marking Further use of the UK marking

s.obligations which are met by complying with obliga Obligations which are met by complying with obligations in the Directive

s.qualifying northern ireland goods Qualifying Northern Ireland goods

Part 3

Enforcement

6 of 11 sections shown

s.035 Market surveillance authority Regulated

Other duties (1) — Crown / regulator

Secretary of State must enforce RoHS regulations and may delegate powersCrown / Minister / Government department

s.038 Obstruction, etc. Prosecution

Obstruct authorised surveillance officer or give false compliance informationAny Person

Unlimited fine

s.039 Penalties Prosecution

Breach hazardous substance restrictions in electrical equipmentAny Person

Unlimited fine

s.040 Remediation orders Imprisonment

Fail to comply with a court remediation orderAny Person

s.041 Recovery of expenses of enforcement Prosecution

Liability for enforcement and investigation costsAny Person

Unlimited fine

s.044 Liability of persons other than the principal offender Prosecution

Be held liable for another's hazardous‑substance offenceDirector or Officer

Unlimited fine

5 other sections in this Part — procedural and definitional

s.036 Market surveillance powers

s.037 Offences

s.042 Time limit for prosecution of offences

s.043 Defence of due diligence

s.045 Service of documents

Part 4

Miscellaneous

1 of 2 sections shown

s.046 Review Regulated

Other duties (1) — Crown / regulator

Secretary of State must review the RoHS Regulations every five yearsCrown / Minister / Government department

1 other section in this Part — procedural and definitional

s.047 Consequential amendments

Schedules

6 of 56 shown

s.001 Categories of EEE to which these Regulations apply Regulated

Ensure electrical equipment complies with hazardous substance restrictionsManufacturer

s.sch001 The internal production control procedure is a conformity assessment procedure... Regulated

Ensure EEE is manufactured in compliance with technical documentation and RoHS requirementsManufacturer

s.sch001 The technical documentation must— (a) make it possible to assess... Regulated

Prepare and keep technical documentation for EEE conformityManufacturer

s.sch003 Compliance notice Regulated

Other duties (1) — Crown / regulator

Market surveillance authority must serve compliance notices on non-compliant economic operatorsStatutory regulator

s.sch003 Supplementary provisions in relation to compliance and enforcement notices Regulated

Other duties (1) — Crown / regulator

Market surveillance authority must follow RAMS rules and keep enforcement notices under reviewStatutory regulator

s.sch003 Offences and penalties Prosecution

Fail to comply with enforcement or recall noticeAny Person

Unlimited fine

50 other schedules

s.sch001 Large household appliances.

s.sch001 Automatic dispensers.

s.sch001 Other EEE not covered by any of the categories above....

s.sch001 Equipment which is necessary for the protection of the essential...

s.sch001 Equipment designed to be sent into space.

s.sch001 Equipment which is specifically designed, and is to be installed,...

s.sch001 Large-scale stationary industrial tools being a large-scale assembly of machines,...

s.sch001 Large-scale fixed installations being a large-scale combination of several types...

s.sch001 Means of transport for persons or goods, excluding electric two-wheel...

s.sch001 Non-road mobile machinery made available exclusively for professional use, being...

s.sch001 Active implantable medical devices.

s.sch001 Small household appliances.

s.sch001 Photovoltaic panels intended to be used in a system that...

s.sch001 Equipment specifically designed solely for the purposes of research and...

s.sch001 Pipe organs.

s.sch001 Regulations 3(1), 10, 15, 19, 20, 21, 22, 23, 25,...

s.sch001 (1) Regulations 3(1), 10, 15, 19, 20, 21, 22, 23,...

s.sch001 Provided that reuse takes place in auditable closed-loop business-to-business return...

s.sch001 IT and telecommunications equipment.

s.sch001 Consumer equipment.

s.sch001 Lighting equipment.

s.sch001 Electrical and electronic tools.

s.sch001 Toys, leisure and sports equipment.

s.sch001 Medical devices.

s.sch001 Monitoring and control instruments including industrial monitoring and control instruments....

s.sch001a Declaration of conformity

s.sch001a Declaration of conformity (unique identification of the EEE):

s.sch001a Name and address of the manufacturer or, where applicable, authorised...

s.sch001a This declaration of conformity is issued under the sole responsibility...

s.sch001a Object of the declaration (identification of EEE allowing traceability: it...

s.sch001a The object of the declaration described above is in conformity...

s.sch001a Where applicable, references to the relevant designated standards used or...

s.sch001a Additional information: Signed for and on behalf of: place and...

s.sch002 Test purchases

s.sch002 Power to enter premises

s.sch002 Power to inspect, seize and detain EEE etc

s.sch002 Warrants

s.sch003 Enforcement notice

s.sch003 Recall notices

s.sch003 Action by the market surveillance authority

s.sch003 Compensation provisions relating to compliance, enforcement and recall notices

s.sch003 Appeals against compliance, enforcement and recall notices

s.sch003 Appropriate court for appeals against notices etc and further appeals

s.schedule a2 para.1 The tables of exempted applications

s.schedule a2 para.2 Interpretation of the tables

s.schedule a2 para.3 In Table 1, in the column headed “corresponding EU exemption”,...

s.schedule a2 para.4 In Tables 1 and 2, in the column headed “categories...

s.schedule a2 para.5 In Table 1, in the column headed “expiry date or...

s.schedule a2 para.6 For the purposes of entries 1 to 9 in Table...

s.schedule a2 para.7 In paragraph 5, “the 2020 Regulations” means the Hazardous Substances...

s.013 ... Declaration of conformity and UK marking Regulated

Create a declaration of conformity and apply the UK markingManufacturer

2 other provisions

s.applications exempted from the restriction in regu Applications exempted from the restriction in regulation 3(1)

s.restricted substances referred to in regulation 3 Restricted substances referred to in regulation 3 and maximum concentration values tolerated by weight in homogeneous materials

Help complying

Guvnor’s practical routes through this instrument.

2 more guides that reference this instrument

Electronics and electrical product conformity: which regime applies Place electronic and electrical products on the GB market: conformity assessment and UKCA marking

Duty extraction and severity labels are Guvnor’s analysis of the instrument, not the instrument itself. Always verify against the linked source text.

Restriction of the Use of Certain Hazardous Substances in Electrical and Electronic Equipment Regulations 2012 (as amended)

Does it bind you?

Other Acts binding the same actors

What it requires

Preliminary

Prohibitions and Obligations on Economic Operators

Enforcement

Miscellaneous

Schedules

Help complying