Revoking Exceptions for Toxic Chemicals

New measurements will amend the Restriction of the Use of Certain Hazardous Substances in Electrical and Electronic and Electronic Equipment Regulations 2012, “the RoHS Regulations”, as they apply in England, Wales, and Scotland. Regulation 2(2) replaces old entries 1 to 9 of Table 1 in Schedule A2 with new entries 1 to 9.4. The amended entries have either renewed or revoked exemptions from he restriction, in regulation 3(1) of the RoHS Regulations, on placing electrical and electronic equipment that contains certain hazardous substances on the market. Many exceptions are related to mercury in various types of lighting. For the purposes of regulation 10(8) of the Hazardous Substances and Packaging (Legislative Functions and Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1647), the determinations which the Secretary of State has made in respect of the exemptions have the same weight as the decisions made by the European Commission in respect of the corresponding exemptions under EU law.

Any exemptions that have been renewed are granted and extended ending period with the date specified in column 6 of the table included in regulation 2(2) of these Regulations. The exemptions that have been revoked have an expiration date of February 1, 2024. This is one calendar year from he date which the Secretary of State’s determination to revoke the exemptions was made public. In some cases, the specific conditions of the exemptions were amended to include an allowable level of mercury. Other cases have made amendments to existing exceptions to expand the categories of electrical and electronic equipment covered.

Click the link to view the updated chart of exemptions

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