RoHS compliance for non-EU electronics makers
10 min read
RoHS compliance for non-EU electronics makers: the ten restricted substances, the technical file, expiring exemptions and why no certificate exists.
You design electronics in the United States or Asia, and your first EU distributor asks for a “RoHS certificate”. EU law knows no such document. RoHS compliance means showing that every material in your product stays below ten substance limits, documenting that yourself and declaring it with the CE marking. This guide covers what goes into the file, which exemptions are about to expire and where Great Britain differs.
What RoHS is and which products it covers
RoHS stands for the restriction of hazardous substances in electrical and electronic equipment (EEE), laid down in Directive 2011/65/EU (opens in a new tab). As a directive, it applies through national law, and each Member State sets its own penalties (Articles 23 and 25). In Germany, the ElektroStoffV implements it: exceeding the limits, or a missing declaration of conformity or marking, can cost up to 100,000 euros (§ 14 ElektroStoffV with § 69(3) of the Circular Economy Act and § 28(3) of the Product Safety Act).
EEE is any equipment that depends on electric currents or electromagnetic fields for at least one intended function, up to 1,000 volts AC or 1,500 volts DC (Article 3(1) and (2)). Category 11 of Annex I catches all “other EEE”, with the limits applying since 22 July 2019 (Article 4(3)). A toy with a light, a smart kettle and a USB cable are all in scope.
Article 2(4) excludes a closed list, for example large-scale stationary industrial tools, large-scale fixed installations, most means of transport, non-road mobile machinery for professional use, certain professionally installed photovoltaic panels, and military and space equipment.
The ten restricted substances and how the limits work
Annex II lists ten substances. The limits are maximum concentrations by weight in each homogeneous material (Article 4(2)), not in the finished device:
| Group | Substances | Limit per homogeneous material |
|---|---|---|
| Heavy metals | Lead, mercury, hexavalent chromium | 0.1% |
| Heavy metal | Cadmium | 0.01% |
| Flame retardants | Polybrominated biphenyls (PBB), polybrominated diphenyl ethers (PBDE) | 0.1% |
| Phthalates (plasticizers) | DEHP, BBP, DBP, DIBP | 0.1% |
The four phthalates came with Delegated Directive (EU) 2015/863 (opens in a new tab) and apply from 22 July 2019; for medical devices and monitoring and control instruments, from 22 July 2021.
The Commission’s RoHS FAQ of 2012 names typical homogeneous materials: the plastic cover of a screen, the copper wire inside a cable, the solder of a solder joint. 0.1% lead in a solder joint is measured against the solder, not the device. The limits also reach screws and housings, and Article 4(1) expressly includes cables and spare parts.
No RoHS certificate: how RoHS compliance is shown
RoHS uses module A, internal production control (Article 7(b); Annex II of Decision No 768/2008/EC (opens in a new tab)). You declare conformity on your sole responsibility; no notified body is involved, and outside laboratories are optional. Three documents carry the proof:
- Technical documentation, for which the harmonized standard is EN IEC 63000:2018 (Implementing Decision (EU) 2020/659 (opens in a new tab)). It governs documentation, not testing, and replaced EN 50581:2012, withdrawn on 18 November 2021.
- EU declaration of conformity with the content of Annex VI, in the language the Member State requires (Article 13). By drawing it up, you take responsibility for compliance (Article 13(3)).
- CE marking on the product or its data plate (Articles 7(c) and 15). There is no separate RoHS logo.
Test reports help: parts tested or assessed under harmonized standards are presumed to comply (Article 16(2)). They are evidence, not a legal requirement for every part.
Building the RoHS technical file in seven steps
- Confirm the scope: EEE under Article 3(1), not excluded by Article 2(4); note the other CE acts, such as the Low Voltage Directive.
- Break the product down: every part of the bill of materials, including cables, screws, housings and adhesives, into its homogeneous materials.
- Collect evidence per part: supplier declarations, material data, test reports. We recommend tests for new suppliers and typical risks, such as cable insulation (phthalates) or brass parts (lead).
- Check exemptions: note the Annex III or IV entry and its expiry date for each application relying on one. Exemptions cover a use, not a product or a company (Commission FAQ, question 9.2).
- Declare and mark: declaration of conformity, CE marking, a type, batch or serial number, your name and contact address (Article 7(c), (g) and (h)); see who signs the EU declaration of conformity.
- Name your EU economic operator: RoHS is listed in Article 4(5) of Regulation (EU) 2019/1020 (opens in a new tab), so you need an importer, Authorized Representative or, as a fallback, fulfilment service provider in the EU, with its name and postal address on the product, packaging, parcel or an accompanying document (Article 4(1), (2) and (4)).
- Keep it current: documentation and declaration for 10 years after placing on the market (Article 7(d)), in Germany from the last unit of a series (§ 4(3) ElektroStoffV), plus a register of non-conforming products and recalls (Article 7(f)).
RoHS exemptions: check the expiry dates now
Annexes III and IV list uses where a restricted substance is still allowed (Article 4(6)). Every exemption has an end date: at most 5 years, or 7 years for medical devices and monitoring and control instruments (Article 5(2)). Renewal must be requested 18 months before expiry; the exemption stays valid until the Commission decides (Article 5(5)). Several lead exemptions were recently narrowed:
- 6(a), lead in steel: expires on 11 December 2026; the narrower 6(a)-I (steel for machining) and 6(a)-II (hot-dip galvanized steel components) run until 30 June 2027 (Delegated Directive (EU) 2025/2364 (opens in a new tab)).
- 6(c), copper alloys such as brass with up to 4% lead: expires on 30 June 2027 (same act).
- 7(a), lead in high melting temperature solders: expires on 30 June 2027; narrower entries 7(a)-I to 7(a)-VII run until 31 December 2027 (Delegated Directive (EU) 2025/1802 (opens in a new tab)).
From 13 August 2027, exemption requests go to the European Chemicals Agency (ECHA) (Directive (EU) 2025/2456 (opens in a new tab)).
EU and UK: same ten substances, separate exemptions
Great Britain applies the Restriction of the Use of Certain Hazardous Substances in Electrical and Electronic Equipment Regulations 2012 (opens in a new tab) (SI 2012/3032, “RoHS Regulations 2012”) with the same ten substances. It accepts CE-marked equipment without an end date (regulation 34A, inserted by SI 2024/696), but CE recognition does not import the EU exemptions: the GB list in Schedule A2 applies (regulation 34A(9)). Northern Ireland follows EU RoHS under the Windsor Framework.
| Topic | EU | Great Britain | Northern Ireland |
|---|---|---|---|
| Legal basis | Directive 2011/65/EU through national law | RoHS Regulations 2012, GB version | RoHS Regulations 2012, NI version, referring to the Directive |
| Substances | Ten, Annex II | The same ten, Schedule A1 | As in the EU |
| Exemptions | Annexes III and IV | Own list, Schedule A2 | As in the EU |
| Marking | CE | CE or UKCA; for CE, a declaration in English | CE; UKCA is not accepted |
The lists already differ: the EU ended the mercury exemptions for compact fluorescent lamps, entries 1(a) to 1(e), on 24 February 2023, Great Britain on 1 February 2024, and the EU’s 2025 lead splits are not in Schedule A2 (gov.uk RoHS guidance (opens in a new tab)). Check both lists for every application.
Practical example: a U.S. maker of smart home sensors
A U.S. company sells a rechargeable door sensor with a USB cable through a German distributor and its own online shop, and supplies a retailer in England. The distributor asks for a RoHS certificate. The company:
- Answers with the declaration for all applicable acts, among them RoHS and the Radio Equipment Directive, plus a summary of the technical file.
- Finds a gap: the brass battery contacts contain up to 3% lead under entry 6(c), which expires on 30 June 2027, so engineering plans lead-free contacts for units placed on the market from July 2027.
- Tests where evidence is weak: the new cable supplier’s declaration is two years old, so the insulation is analyzed for phthalates.
- Keeps the markets apart: an EU Authorized Representative holds declaration and documentation for 10 years and appears on the packaging; the retailer in England gets units with an English declaration, and the contacts are checked against Schedule A2.
Common RoHS mistakes
- Asking for a certificate instead of a declaration. RoHS relies on module A and the declaration of conformity.
- Measuring the whole device. Limits apply per homogeneous material, screws and cables included.
- Treating exemptions as permanent. Each entry expires and covers one use, not your company.
- Citing a withdrawn standard. Replace EN 50581:2012 with EN IEC 63000:2018 in older declarations.
- Assuming EU exemptions apply in Great Britain. CE is accepted there, the EU exemptions are not.
- Leaving out the EU operator. Without one, RoHS products may not be placed on the market (Article 4(1) of Regulation (EU) 2019/1020).
Conclusion: document per material, watch the dates
RoHS compliance is a file you keep, not a certificate you buy: limits checked per homogeneous material, a declaration of conformity, the CE marking and an EU operator on the label. Put the 2026 and 2027 exemption dates into your product roadmap and check Great Britain separately.
Our CE marking service identifies the applicable directives and harmonized standards and reviews your technical documentation. As your EU Authorized Representative, Representa keeps declaration and documentation available for 10 years and answers market surveillance authorities, within the agreed scope and mandate. You remain the manufacturer and draw up the technical documentation yourself (Article 8(a)). We also cover the United Kingdom; UKCA support belongs to our Compliance pillar.
Frequently asked questions
Is a RoHS certificate mandatory in the EU?
No. RoHS uses internal production control (module A), so the manufacturer declares conformity on its own responsibility without a notified body (Article 7(b) of Directive 2011/65/EU). The legal proof is the EU declaration of conformity, the technical documentation and the CE marking. Test reports can support the file but are not required by law.
Does RoHS apply to cables and spare parts?
Yes. Article 4(1) covers EEE including cables and spare parts for its repair, reuse, updating or upgrading. According to the Commission’s 2012 FAQ, spare parts that are not finished equipment need no CE marking or declaration of conformity, but they must meet the substance limits.
How long must I keep RoHS documentation?
For 10 years after the equipment is placed on the market (Article 7(d) of Directive 2011/65/EU). Germany counts from the last unit of a series (§ 4(3) ElektroStoffV). An Authorized Representative’s mandate must cover keeping these documents available to authorities for 10 years (Article 8(b)).
Is the RoHS Directive changing?
From 13 August 2027, the European Chemicals Agency evaluates exemption requests (Directive (EU) 2025/2456). A Commission proposal, COM(2025) 503, would allow an electronic declaration of conformity and a digital contact; on 30 September 2026 it had not been adopted.
Do EU RoHS exemptions apply in Great Britain?
Not automatically. Great Britain accepts CE marking for RoHS but applies its own exemption list in Schedule A2 of the RoHS Regulations 2012 (regulation 34A(9)), with dates that can differ from the EU. Northern Ireland follows the EU exemptions under the Windsor Framework.
