FAQ
A frequently asked question (FAQ) is just that and on this page we have tried to provide answers, based on the most up to date information we have at the time of writing, to some of the most frequently asked RoHS questions that we receive.
If you can’t find the answer to your question here you can always contact us via the enquiries page.
Please choose from one of the following FAQ categories:
As the market surveillance authority responsible for enforcing the RoHS Regulations within the UK, the NMO carry out regular market surveillance projects to ensure compliance and offer support to businesses who are trying to comply with the Regulations.
If you have received a letter from us, on behalf of the Secretary of State, requesting information about your company, this is because we have identified you as a responsible company who may import, rebrand or manufacture electronic and electrical equipment.
This information must be provided within 28 days, and failure to do so is unlawful and considered an offence under Regulation 8 of the UK RoHS Regulations.
How do I complete my submission?
In order to successfully complete your submission we ask you to follow the instructions in the letter. The http address will direct you to a secure site, where, once logged on and using your personal reference number, located at the top of your letter, you can upload your submission.
Alternatively you can also return the submission to us via email or post.
We advise that you answer the questions on the form to the best of your ability, if at a later date we need further information, we will contact you.
If you have reason to believe that your submission will be overdue, you should contact us at your earliest convinience.
What if I can’t upload my submission form?
If you cannot access or upload your online submission form, you may email your submission and supporting documentation to Rohs@nmo.gov.uk or, alternatively, via post to:
NMO Enforcement Authority
Stanton Avenue
Teddington
Middlesex
TW11 0JZ
The NMO holds no responsibility for documents that may be delayed or lost through the post.
What documentation do I need to demonstrate compliance?
The current basis for RoHS compliance is one of self-declaration. As such there is no prescribed method, certificate, approval scheme or marking requirements to demonstrate RoHS compliance but producers must prepare and maintain sufficient technical documentation or other information to be able to demonstrate compliance. Technical documentation must be retained for a period of four years after the product is first placed on the market and submitted on request to the enforcement authority.
Technical documentation may include assurances from suppliers in the form of certification or declarations. Where no declaration is available or if there is an element of doubt, producers may wish to undertake analysis of the components or materials used in their products.
It is important to note that under the RoHS recast, the RoHS Directive is now a CE marking directive, and the method of demonstrating compliance will change when the recast RoHS Directive is transposed into UK law on 2 January 2013.
The NMO does not offer any consultancy or testing and remains independent of any external services.
How do I know if the technical documentation I hold is sufficient?
The criteria for the technical documentation will depend on the quantity of product put onto the market (less for small producers than for large producers), the relationship with suppliers, the risk of a banned substance being present, and the potential impact of that substance on the environment.
The obligations of economic operators with regards to technical documentation under the recast RoHS Directive is clearly defined in articles 7 - 10.
Read the RoHS producer support guidance (PDF, 1.2 Mb) (PDF, 1.2 Mb) for more information. This guide will be updated as appropriate to reflect the recast RoHS Directive.
Why do some products have RoHS compliant stickers or kitemarks?
There is no requirement to place markings of RoHS compliance on a product and consequently no prescribed, approved or universal logos available. However, several organisations have designed their own RoHS logo purely for commercial reasons.
It is not possible to use our logo, as it is owned by the National Measurement Office.
Is the RoHS a CE marking Directive?
Under the RoHS recast, the RoHS Directive is now a CE marking directive and therefore all products within the scope of the directive must comply with CE marking requirements.
How has the RoHS Directive changed since the recast?
The RoHS Directive has changed considerably since the recast. We therefore suggest that if you are an economic operator who was or suspects that you might be affected by the obligations placed on you by the RoHS Directive, that you familiarise yourself with the recast RoHS Directive.
Although no new restricted substances have been added, there is a requirement to assess and review the current list of hazardous substances.
RoHS is now a CE marking directive, with obligations on economic operators regarding declarations of conformity and prescribed technical files.
New categories have been added to the Directive which will apply via a tiered implementation timetable over the next 8 years.
The Directive lists new exclusions, specifically includes cables and spare parts, places obligations on distributors and provides a new definition for EEE.
What new categories have been included?
Category 8 'Medical deveices' and category 9 'Monitoring and control instruments including industrial monitoring and control instruments' which were previously excluded from the RoHS Directive are now within scope of the recast directive.
Category 11 'Other EEE not covered by any of the categories above' has also been included.
Does the recast RoHS Directive enter into force immediately?
No. The recast RoHS Directive was published in the Official Journal of the European Union on 1 July 2011 and will enter into force on 21 July 2011. Member states must transpose the directive into national law by 2 January 2013.
The recast directive will be implemented in stages and will apply as follows:
Medical devices - 22 July 2014
Monitoring and control - 22 July 2014
In vitro diagnostic medical devices - 22 July 2016
Industrial monitoring and control instruments - 22 July 2017
Category 11 - 22 July 2019
Does the recast RoHS Directive ban or limit the use of any new substances?
No it doesn’t, however, Article 6 discusses the review and amendment of the current list of restricted substances.
It states that a review, based on a thorough assessment, and amendment of the list of restricted substances shall be considered by the Commission before 22 July 2014, and periodically thereafter on its own initiative or following the submission of a proposal by a member state.
How do I know if I need to comply with the RoHS Regulations?
The current implemented UK RoHS Regulations apply to those businesses defined as producers that:
- Manufacture or assemble EEE in the UK
- Import EEE from outside Europe
- Rebadge EEE as their own
The recast RoHS Directive, which will be transposed into UK law on 2 January 2013, also places specific obligations on authorised representatives and distributors.
If you are a business as defined above which puts electrical and electronic equipment (EEE) on the EU market in the UK, it is likely that you will need to comply with the RoHS Regulations. If you need help in deciding if your product is in scope, please see the decision tree, which can help determine whether or not the electrical and electronic equipment you put on the market in the UK falls within the scope of the RoHS Regulations.
Cables, plug adaptors and antennas…
Cables, plug adaptors and antennas included within electrical and electronic equipment and sold separately are considered to be within scope under the definition of electronic and electrical equipment in Article 3 of the Directive.
Components, accessories, RFID chips and security tags…
Under the current implemented RoHS Regulations, whether a part sold as part of the finished product is considered to be within scope, depends on such considerations as interdependence, expected inclusion in WEEE and product description. This may include items such as cases supplied with the product. It does not include packaging, instruction manuals or consumables such as printer cartridges, jigsaw blades or LEDs when sold separately. Non electrical accessories which are supplied separately such as mobile phone covers are not considered within scope. Chips and tags used for stock control and retail security are considered electrical and electronic equipment products in themselves and therefore considered to be within scope.
Fixed installations…
A fixed installation is a combination of several pieces of equipment, systems, products and/or components assembled and/or erected by a professional assembler or installer at a given place to operate together in an expected environment and to perform a specific task. A fixed installation is not intended to be placed on the market as a single functional or commercial unit. In the case of fixed installations, the intention is that the product becomes part of the fabric of the building; products such as lifts, electric doors and gates are fixed installations, fitted kitchen appliances, large fixed equipment, CCTV camera systems are not.
Please be aware that the recast RoHS Directive re-describes "fixed installations" as 'large-scale fixed installations', defined as "a large scale combination of several types of apparatus and, where applicable, other devices, which are assembled and installed by professionals, intended to be used permanently in a pre-defined and dedicated location and de-installed by professionals."
Generators (petrol or diesel)…
The RoHS Regulations apply to electrical and electronic equipment which is dependent on electric currents or electromagnetic fields in order to work properly, including equipment for the generation, transfer and measurement of such currents and fields, and therefore generators are within scope under category 6.
The RoHS Directive does not exclude on the basis of size and if it is reasonable to consider a small generator as a tool because of its general nature to 'generate' or do work then it is reasonable to apply to larger generators up to and including power stations. The view gained from discussions at EU level is that generators up to a single wind turbine is in scope but wind farms and national grid power stations are excluded as large scale industrial tools (LSIT).
Large scale industrial tools…
Large scale industrial tools (LSIT) have been re-described in Article 3 of the recast RoHS Directive as 'Large Scale Stationary Industrial Tools'. They are specifically exempt under Article 2 of the Directive and are defined as "a large scale assembly of machines, equipment, and/or components, functioning together for a specific application, permanently installed and de-installed by professionals at a given place, and used and maintained by professionals in an industrial manufacturing facility or research and development facility."
Military equipment…
Although military equipment is not mentioned in Directive 2002/95/EC, it is specifically mentioned in Article 2 of the recast RoHS Directive as being out of scope.
Although most military equipment is out of scope of the Directive (providing the equipment is designed specifically for the purposes described in the Directive), equipment such as radios which are supplied to the military, but also to civilians, would be considered to be within scope as they have not been designed and made available exclusively for military use.
Paper, packaging and labels...
Any packaging that is discarded after purchase of the product is not considered to be part of the electrical and electronic equipment and therefore is not considered to be within scope. Packaging that forms part of, may remain with or may be disposed of with the product, will be considered on a case by case basis. Labels which are integrated as part of the final product are considered to be within scope.
Solar panels and wind turbines…
Solar powered equipment is considered to be within the scope of RoHS where it falls under one of the general categories. However, photovoltaic panels intended for use under Article 2 of the RoHS Directive are exempt.
Wind turbines would be considered to be within scope as equipment for the generation and transfer of energy as defined in Article 3 (1). Equipment that generates energy is considered to be doing work and is therefore under the general meaning considered a tool.
A Wind farm comprises a number of pieces of equipment brought together in a single location to carry out a specific task and are not supplied as a single commercial functional unit. Therefore because they are generally considered as tools the LSIT exclusion can be applied.
Vehicles…
Equipment specifically designed to be exclusively installed on airplanes, boats, cars and other forms of transport is not considered to be within the scope of the RoHS Regulations. Removable items such as automotive jump leads and GPS navigation systems are not excluded under this decision and are considered to be within scope.
The RoHS Directive does not apply to "means of transport for persons or goods, excluding electric two-wheel vehicles which are not type approved."
Weighing machines…
Weighing instruments are generally considered on a case by case basis but generally, products such as scales and weighing machines used within a domestic environment, or that are included as part of a larger system which has a primary function other than weighing, such as EPOS equipment are considered to be within scope.
Weighing instruments such as stand alone weighing instruments or primary function weighing instruments used for trade or in a professional environment (normally considered as category 9) and medical weighing instruments (normally considered as category 8) and exempt under the current implemented RoHS Regulations but do fall within the scope of the recast RoHS Directive.
What is placing on the market?
The term placing on the market is the initial action of making a product available for the first time on the Community market, with a view to distribution or use in the Community. This is considered to take place when a product is transferred from the stage of manufacture with the intention of distribution or use on the Community market and applies to each individual product, and not a type, series or line of product.
Can I export non-compliant goods to countries outside of the EU?
The Directive does not apply to exported products placed on markets outside of the EU, only to products imported from outside of the EU to the EU market.
Are prototypes used at exhibitions and trade fairs considered to be placed on the market?
A product is not considered to be placed on the market when it is displayed at trade fairs, exhibitions or demonstrations. However, it must be clearly marked as such in order to be considered as not being placed on the market and must not be put into use. As such, any non-compliant product is for display purposes only. Prototypes for experimentation may be used providing they are not made available on the EU market.
Are ‘own use’ products considered to be placed on the market?
Products imported for own use are considered placed on the market, even when imported from another branch of the same organisation outside the EU and therefore must comply. However, products built for own use are generally not considered as being placed on the market and therefore do not have to comply.
Are products stored in warehouses considered to be placed on the market?
Placing on the market is considered not to take place where a product is in the stocks of the manufacturer. However, imports of finished products that have cleared customs and are being held by the producer without any further process required are considered to have been placed on the market.
