UK Statutory Instrument
2012
United Kingdom
Restriction of the Use of Certain Hazardous Substances in Electrical and Electronic Equipment Regulations 2012 (as amended)
At a glance
Enforced by
What's here
37 compliance obligations, 2 practical guides
Penalty landscape
11 of 37 obligations carry an unlimited fine. 1 carries different penalties and 25 have no criminal penalty — flagged in the list below.
Who this Act binds
Business-side actors with duties under this Act, ranked by how often they appear.
- Manufacturer 20
- Any Person 5
- Distributor 4
- Director or Officer 1
- Operator 1
Plus 4 non-business duties on Crown ministers, regulators, local authorities or tribunals — shown collapsed under each section below.
Relevant guidance
Practical guides for businesses affected by this Act, ordered by how closely they engage with it.
Supporting — topic alignment
2 guidesOther Acts binding the same actors
For each actor bound by this Act, the other UK Acts that bind them most often. Useful for understanding the full compliance landscape facing each role.
Manufacturers also bound by 81 other Acts (top 5 shown)
- Toys (Safety) Regulations 2011 2011 27 duties
- Radio Equipment Regulations 2017 2017 25 duties
- Medical Devices Regulations 2002 2002 23 duties
- Lifts Regulations 2016 2016 22 duties
- Electromagnetic Compatibility Regulations 2016 2016 21 duties
Any Person also bound by 742 other Acts (top 5 shown)
- Human Medicines Regulations 2012 2012 101 duties
- Road Traffic Act 1988 1988 95 duties
- Air Navigation Order 2016 2016 83 duties
- Merchant Shipping Act 1995 1995 82 duties
- Road Traffic (NI) Order 1995 1995 61 duties
Distributors also bound by 33 other Acts (top 5 shown)
- Electricity Safety, Quality and Continuity Regulations 2002 2002 19 duties
- UK REACH Regulation (retained EU law) 2006 11 duties
- Electricity Act 1989 1989 9 duties
- Value Added Tax Regulations 1995 1995 7 duties
- Classification, Labelling and Packaging Regulation (UK CLP) 2008 7 duties
Directors and Officers also bound by 221 other Acts (top 5 shown)
- Insolvency (England and Wales) Rules 2016 2016 73 duties
- Companies Act 2006 2006 57 duties
- Insolvency Act 1986 1986 44 duties
- CCBSA 2014 2014 21 duties
- Economic Crime and Corporate Transparency Act 2023 2023 18 duties
Operators also bound by 124 other Acts (top 5 shown)
- Space Industry Regulations 2021 2021 71 duties
- Payment Services Regulations 2017 2017 41 duties
- Air Navigation Order 2016 2016 34 duties
- The Quarries Regulations 1999 1999 31 duties
- Reservoirs Act (Northern Ireland) 2015 2015 22 duties
What this Act requires
Sections that create concrete duties on businesses or carry penalties. Procedural and definitional sections are folded into the “Browse other sections” expander at the bottom of each group. Click any section title to read the source text on legislation.gov.uk.
Part 1 — Preliminary
Browse 11 other sections in this Part — procedural / definitional / commencement
Citation and commencement
Interpretation
Restriction on the use of certain hazardous substances in EEE
Definition of EEE
EEE to which these Regulations apply
Exclusion until 22nd July 2019 for EEE outside the scope of the 2008 Regulations
Revocation and transitional arrangements
Existing legislation
Presumption of conformity for EEE
Interpretation: designated standard
Modifications to the Directive
Part 2 — Prohibitions and Obligations on Economic Operators
Prohibitions on placing EEE on the market
Unlimited fine- Ensure electrical products meet hazardous substance and safety standards Manufacturer
Design and manufacture of EEE
- Design and manufacture electrical equipment to meet substance restrictions Manufacturer
Conformity assessment procedure and drawing up of technical documentation
- Assess product conformity and create technical documentation Manufacturer
(1) The ... declaration of conformity must state that it...
- Prepare and maintain a Declaration of Conformity for electrical equipment Manufacturer
Duty to keep technical documentation and EU declaration of conformity
- Keep technical and compliance records for 10 years Manufacturer
EEE to bear UK marking
- Label electrical equipment with the UK marking Manufacturer
Compliance procedures for series production
- Maintain compliance procedures for mass-produced electronics Manufacturer
Information identifying EEE and manufacturer
- Mark electrical equipment with identification and manufacturer details Manufacturer
Register of EEE
- Maintain a register of faulty or recalled electrical products Manufacturer
Non-compliant EEE
- Recall or fix non-compliant electrical or electronic equipment Manufacturer
Co-operation with the authorities
Unlimited fine- Cooperate with authorities regarding hazardous substances in electronics Manufacturer
Manufacturers’ authorised representatives
- Rules for appointing an authorised representative Manufacturer
Prohibition on placing EEE on the market
Unlimited fine- Ensure electronic equipment meets hazardous substance limits before import Manufacturer
Information identifying importers
- Label imported electrical equipment with your business identity and address Manufacturer
Monitoring of EEE
- Keep a register of non-compliant and recalled electronics Manufacturer
Non-compliant EEE
- Report and rectify non-compliant electrical or electronic equipment Manufacturer
Retention of documentation and co-operation with the authorities
- Keep records and cooperate with authorities for imported electrical equipment Manufacturer
Duty in certain circumstances to comply with manufacturers’ duties in place of importers’ duties
Unlimited fine- Comply with manufacturer duties when branding imported products Manufacturer
Duty to act with due care and prohibition on making EEE available on the market
- Verify compliance before distributing electrical and electronic equipment Distributor
Non-compliant EEE
- Manage and report non-compliant electrical or electronic equipment Distributor
Co-operation with the authorities
Unlimited fine- Cooperate with authorities and provide documentation upon request Distributor
Duty in certain circumstances to comply with manufacturers’ duties in place of distributors’ duties
- Comply with manufacturer duties if you modify equipment Distributor
Identification of economic operators to the market surveillance authority
- Identify your supply chain links to the regulator upon request Operator
Protection of UK marking
Unlimited fine- Affix UK marking without proper authority or compliance Any Person
Browse 3 other sections in this Part — procedural / definitional / commencement
Further use of the UK marking
Obligations which are met by complying with obligations in the Directive
Qualifying Northern Ireland goods
Part 3 — Enforcement
Market surveillance authority
Other duties (1) — Crown / regulator
- Secretary of State must enforce RoHS regulations and may delegate powers Crown / Minister / Government department
Obstruction, etc.
Unlimited fine- Obstruct authorised surveillance officer or give false compliance information Any Person
Penalties
Unlimited fine- Breach hazardous substance restrictions in electrical equipment Any Person
Remediation orders
2 years imprisonment- Fail to comply with a court remediation order Any Person
Recovery of expenses of enforcement
Unlimited fine- Liability for enforcement and investigation costs Any Person
Liability of persons other than the principal offender
Unlimited fine- Be held liable for another's hazardous‑substance offence Director or Officer
Browse 5 other sections in this Part — procedural / definitional / commencement
Market surveillance powers
Offences
Time limit for prosecution of offences
Defence of due diligence
Service of documents
Part 4 — Miscellaneous
Review
Other duties (1) — Crown / regulator
- Secretary of State must review the RoHS Regulations every five years Crown / Minister / Government department
Browse 1 other section in this Part — procedural / definitional / commencement
Consequential amendments
Schedules
Categories of EEE to which these Regulations apply
- Ensure electrical equipment complies with hazardous substance restrictions Manufacturer
The internal production control procedure is a conformity assessment procedure...
- Ensure EEE is manufactured in compliance with technical documentation and RoHS requirements
Compliance notice
Other duties (1) — Crown / regulator
- Market surveillance authority must serve compliance notices on non-compliant economic operators Statutory regulator
Supplementary provisions in relation to compliance and enforcement notices
Other duties (1) — Crown / regulator
- Market surveillance authority must follow RAMS rules and keep enforcement notices under review Statutory regulator
Offences and penalties
Unlimited fine- Fail to comply with enforcement or recall notice
Browse 51 other Schedules — structural / supplementary
Large household appliances.
Automatic dispensers.
Other EEE not covered by any of the categories above....
Equipment which is necessary for the protection of the essential...
Equipment designed to be sent into space.
Equipment which is specifically designed, and is to be installed,...
Large-scale stationary industrial tools being a large-scale assembly of machines,...
Large-scale fixed installations being a large-scale combination of several types...
Means of transport for persons or goods, excluding electric two-wheel...
Non-road mobile machinery made available exclusively for professional use, being...
Active implantable medical devices.
Small household appliances.
Photovoltaic panels intended to be used in a system that...
Equipment specifically designed solely for the purposes of research and...
Pipe organs.
Regulations 3(1), 10, 15, 19, 20, 21, 22, 23, 25,...
(1) Regulations 3(1), 10, 15, 19, 20, 21, 22, 23,...
Provided that reuse takes place in auditable closed-loop business-to-business return...
The technical documentation must— (a) make it possible to assess...
IT and telecommunications equipment.
Consumer equipment.
Lighting equipment.
Electrical and electronic tools.
Toys, leisure and sports equipment.
Medical devices.
Monitoring and control instruments including industrial monitoring and control instruments....
Declaration of conformity
Declaration of conformity (unique identification of the EEE):
Name and address of the manufacturer or, where applicable, authorised...
This declaration of conformity is issued under the sole responsibility...
Object of the declaration (identification of EEE allowing traceability: it...
The object of the declaration described above is in conformity...
Where applicable, references to the relevant designated standards used or...
Additional information: Signed for and on behalf of: place and...
Test purchases
Power to enter premises
Power to inspect, seize and detain EEE etc
Warrants
Enforcement notice
Recall notices
Action by the market surveillance authority
Compensation provisions relating to compliance, enforcement and recall notices
Appeals against compliance, enforcement and recall notices
Appropriate court for appeals against notices etc and further appeals
The tables of exempted applications
Interpretation of the tables
In Table 1, in the column headed “corresponding EU exemption”,...
In Tables 1 and 2, in the column headed “categories...
In Table 1, in the column headed “expiry date or...
For the purposes of entries 1 to 9 in Table...
In paragraph 5, “the 2020 Regulations” means the Hazardous Substances...
Other sections — not classified into a Part
These sections exist in the Act but the contents-of-Parts walker did not place them under a Part. Likely amendments or sections inserted out of the original Part structure.
... Declaration of conformity and UK marking
- Create a declaration of conformity and apply the UK marking Manufacturer
Browse 2 other unclassified sections
Applications exempted from the restriction in regulation 3(1)
Restricted substances referred to in regulation 3 and maximum concentration values tolerated by weight in homogeneous materials
Enforcement and responsible bodies
The regulators that administer or enforce this legislation.
Office for Product Safety and Standards
Product safety regulator responsible for ensuring consumer products are safe. Enforces product safety regulations, UKCA marking requirements, and works with market surveillance …
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Regulators
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