RoHS in the United Arab Emirates: Understanding Global Restriction of Hazardous Substances in Electronics

What Is UAE RoHS?

RoHS stands for Restriction of Hazardous Substances and restricts the use of several hazardous materials in electronic and electrical equipment. The RoHS directive was originally issued in the European Union but similar laws have been passed in other countries, including UAE.

UAE RoHS works to reduce the negative environmental and health effects of hazardous substances by restricting their use in electronics. All electronic and electrical equipment (EEE) imported or sold in the UAE must comply with UAE RoHS.

The UAE’s regulation was originally proposed in 2015 and went into effect in April 2017. The regulation was modeled after the EU’s RoHS directive, so there is much overlap.

It is important to note that UAE RoHS regulation is still undergoing updates and fixing problems in the legislation. While UAE RoHS was mainly derived from EU RoHS, even after it went into effect, the UAE legislation still included inconsistencies and unclear areas of text. 

UAE RoHS is being implemented in three parts, all aiming to bring the regulation in line with EU RoHS. The third and final part of UAE RoHS will be implemented in January 2022. This article aims to provide correct, up to date information.

Which Hazardous Substances Are Restricted by UAE RoHS?

UAE RoHS restricts ten hazardous materials that may only be used in electronics below a certain threshold. The materials are the same as those restricted by the EU’s RoHS directive.

The allowable amount for each substance except cadmium is 1000 ppm. The allowable amount for cadmium is 100 ppm. The materials include:

  • Cadmium (Cd)
  • Mercury (Hg)
  • Lead (Pb)
  • Hexavalent Chromium (Cr VI)
  • Polybrominated Biphenyls (PBB)
  • Polybrominated Diphenyl Ethers (PBDE)
  • Bis(2-Ethylhexyl) phthalate (DEHP)
  • Benzyl butyl phthalate (BBP)
  • Dibutyl phthalate (DBP)
  • Diisobutyl phthalate (DIBP)

Products Restricted by UAE RoHS

It is important that manufacturers determine whether their product fits the definition of EEE, because all EEE is subject to UAE RoHS compliance requirements. UAE RoHS defines EEE as “equipment which is dependent on electric currents or electromagnetic fields in order to work properly and equipment for the generation, transfer and measurement of such currents and fields.”

EEE regulated under UAE RoHS includes a wide variety of products separated into eleven categories, ranging from large household appliances to medical devices. The eleventh category is all-encompassing, as it includes any EEE not covered in the previous ten categories. 

These categories directly mirror categories listed in the EU’s RoHS 3 directive. Categories include:

  1. Large household appliances (eg. refrigerators)
  2. Small household appliances (eg. hairdryers)
  3. IT and telecommunication equipment (eg. computers)
  4. Consumer equipment (eg. televisions)
  5. Lighting equipment (eg. light bulbs)
  6. Electrical and electronic tools (except for large-scale stationary industrial tools) (eg. drills)
  7. Toys, leisure and sports equipment (eg. video games)
  8. Medical devices (except for active implanted devices) (eg. In-vitro diagnostic medical devices like cameras) 
  9. Monitoring and control instruments (eg. smoke detectors)
  10. Automatic dispensers (eg. vending machines)
  11. Other EEE not covered by any of the categories above that falls within the definition of EEE described above
  12. [Beginning in January 2022, restricted products will include cables and spare parts].

Exemptions

UAE RoHS also includes several product category exemptions, which also are derived from the EU’s RoHS directive. Exemptions include:

  • Equipment necessary for security, including arms, munitions and material intended for military purposes
  • Equipment designed to be sent into space
  • Large -scale stationary industrial tools
  • Large-scale fixed installations
  • Means of transport for people or goods
  • Non-road mobile machinery exclusively for professional use
  • Active implantable medical devices
  • Permanently installed photovoltaic panels to produce solar energy
  • Equipment designed for business-business research
  • Equipment that is designed to be installed in another type of equipment that is excluded under RoHS.

Compliance with UAE RoHS

Who is Responsible for Compliance?

All suppliers must be compliant with UAE RoHS. The law defines suppliers asthe manufacturer, importer, agent or collector of the product or any main distributor or sub-distributor whose activity has an effect on the product’s properties, or any commercial or legal representative liable for the import, installation and operating of the product covered by this [Cabinet Decision No 10 of 2017] and exercising [their] activity through a company or sole proprietorship licence in the state.” 

The main regulatory body in charge of enforcing UAE RoHS is the Emirates Authority for Standardisation and Metrology (ESMA), which is now included under the Ministry of Industry and Advanced Technology (MOIAT). ESMA plays a large role in the compliance process. For more information, visit their website.

It is the supplier’s responsibility to ensure their product complies with UAE RoHS, as suppliers or a representative of the supplier must submit applications for approval to ESMA. 

Because UAE RoHS regulation is still in the process of being updated and fully developed, it can be very confusing to navigate. Many suppliers choose to contract a third party business to help them gather the necessary information to submit an application.

Steps for Compliance with UAE RoHS

To achieve compliance, suppliers must submit documentation to ESMA’s online portal. This documentation must demonstrate compliance and must include information about the product’s design, testing, inspections, or other information requested by ESMA.

  1. Companies that do not have a full product assessment should submit a declaration of conformity (a legal document declaring the manufacturer has taken steps to comply with UAE RoHS) to ESMA’s website, in addition to a full RoHS test report of the complete product. If a test report of the complete product is not available, the supplier may submit test reports of at least 3 critical components of the product.

ESMA will verify the documentation and issue a certificate of compliance (CoC), valid for one year.

Read more: What Is a Declaration of Conformity?

  1. The Emirates Quality Mark scheme applies to companies that already have risk assessment documentation that proves compliance with UAE RoHS. Suppliers can complete a declaration of conformity and submit it online to ESMA.The supplier will also submit risk assessment documents. 

ESMA will perform a technical audit, inspection, and evaluation of the manufacturing site. Following ESMA’s approval, an Emirates Quality Mark label can be placed on the product. 

The EQM approval is valid for three years. 

Suppliers must pay the required fees to submit a request for approval through the portal (around 4,3000 AED or about $1,150). Only one product category can be included in a single application, so multiple types of products require multiple applications.

Suppliers can track the progress of their application through the online portal. The portal will also notify suppliers before their certification expires.

Penalties for Noncompliance with UAE RoHS

Penalties for noncompliance with UAE RoHS include:

  • Products that are noncompliant will not be allowed to enter the country, which causes monetary losses for the supplier.
  • Suppliers must recall noncompliant products from the market, facing monetary losses.
  • According to Federal Law No. 28 of 2001, which established ESMA, noncompliant suppliers may face imprisonment and fines of up to 30,000 AED.

Why is RoHS Important?

RoHS’s importance can be summarized into three main areas of impact: the market, the environment, and consumer health. While UAE RoHS creates increased costs for sellers and buyers of electronics, the law also protects the natural environment and human health.

1) The Market

RoHS raises costs for sellers and buyers of electronic products alike. 

Manufacturers must use less hazardous and often more expensive methods to produce RoHS-compliant products. Additionally, the application process through ESMA introduces more fees. This is equally true for manufacturers in the UAE or who are importing their products into the UAE.

Buyers also experience increased prices of electronics in their day to day lives as a result of UAE RoHS.

Of course, these increased prices come hand in hand with safer, more environmentally friendly devices.

2) The Environment

The restricted materials listed in UAE RoHS act as environmental pollutants that often end up in landfills. By limiting the amount of these hazardous substances that may be used, RoHS protects the environment and increases the amount of electronics that can be recycled safely.

3) Consumer Health

RoHS works to protect consumers of EEE and broader communities from the harmful health effects of hazardous materials. RoHS aims to minimize health impacts caused by EEE in every stage of a product’s lifecycle, from production to use to disposal.

Several materials restricted by RoHS create toxic waste and occupational hazards that negatively impact human health. Restricted substances not only harm workers in production and recycling phases, but also can create health concerns for users of end products.

Comparison Table: How Does UAE RoHS Differ from EU RoHS?

UAEEuropean Union
Restricted SubstancesCadmium (Cd)Mercury (Hg)Lead (Pb)Hexavalent Chromium (Cr VI)Polybrominated Biphenyls (PBB)Polybrominated Diphenyl Ethers (PBDE)Bis(2-Ethylhexyl) phthalate (DEHP)Benzyl butyl phthalate (BBP)Dibutyl phthalate (DBP)Diisobutyl phthalate (DIBP)The same as those restricted in the UAE.
Scope: Restricted ProductsAnything that falls under the definition of electrical and electronic equipment (EEE)Anything that falls under the definition of electrical and electronic equipment (EEE)
LabelingAn Emirates Quality Mark (EQM) label may be placed on a product following the supplier’s submission of a declaration of conformity and complete product risk assessments, and an on-site inspection performed by ESMA. See above for details.A CE marking is required on all RoHS-compliant products.
Read more: What is the CE Marking?
ExemptionsExemptions exist for several types of products, such as active implantable medical devices.Exemptions exist for several types of products, such as active implantable medical devices. A full list is available in Article 2 of RoHS 2 (Directive 2011/65/EU).
Conformity: Proving ComplianceEmirates Authority for Standardisation and Metrology (ESMA) must approve a supplier’s submissions of a Declaration of Conformity and relevant product information. A certificate of compliance may be issued upon approval.Compliance with EU RoHS can be self-declared through a Declaration of Conformity.
Read more: Compliance Statements

Read more about RoHS in the EU: What is RoHS?

Rules similar to RoHS have spread to many other regions, including India, China, South Korea, Vietnam, Japan, and the United States, including California and New Jersey. It is important for electronic companies to remain aware of shifting hazardous substance legislation in markets around the world.

What Is a Declaration of Conformity? A Guide to Writing RoHS Compliance Statements

The EU Restriction of Hazardous Materials (RoHS) directive requires manufacturers to issue a declaration of conformity, also known as a compliance certificate or compliance statement, before electronic products are put on the market. 

This article briefly describes the RoHS directive itself before delving into the specifics of the RoHS compliance statement, including where the requirement came from, why the compliance statement is important, and what should be included in a compliance statement.

What Is RoHS?

The RoHS directive, issued in the European Union, restricts the use of ten hazardous materials in electronic and electrical equipment (EEE). A product is RoHS compliant if it does not exceed the allowable amounts of these restricted substances. All EEE sold in the EU must be RoHS compliant. 

Restricted Substances

To be RoHS compliant, EEE must not contain any of the following hazardous substances in amounts larger than 1000 ppm. These materials are deemed to be hazardous to human health and the environment.

  • Cadmium (Cd) [The allowable amount for cadmium is 100 ppm.]
  • Mercury (Hg)
  • Lead (Pb)
  • Hexavalent Chromium (Cr VI)
  • Polybrominated Biphenyls (PBB)
  • Polybrominated Diphenyl Ethers (PBDE)
  • Bis(2-Ethylhexyl) phthalate (DEHP)
  • Benzyl butyl phthalate (BBP)
  • Dibutyl phthalate (DBP)
  • Diisobutyl phthalate (DIBP)

Read more: What is RoHS?

What Is a Declaration of Conformity?

The declaration of conformity is the official name for a certificate or statement of compliance and is the final step a company must take in the RoHS compliance process. The declaration of conformity is a legal document that contains information about the product and the measures taken to ensure compliance. 

The manufacturer writes and signs the declaration of conformity before the product is put on the market to certify that the product is RoHS compliant. By signing the statement, the manufacturer assumes responsibility for ensuring that the product is compliant.

The compliance statement demonstrates to authorities and consumers that an EEE product meets all RoHS requirements. Under RoHS 2, manufacturers must produce a compliance statement before a product is put on the market.

[Note: The term ‘declaration of conformity’ is generally used interchangeably with the terms ‘statement of conformity’ or ‘certificate of conformity’ when referring to EU RoHS. All three terms refer to a document issued by the manufacturer to self-declare compliance. 

This is not to be confused with a Certificate of Compliance (CoC), a certificate used in the United Arab Emirates that refers specifically to a certificate issued by a governing body to the manufacturer to approve compliance. Read more: UAE RoHS].

Origins of the RoHS Compliance Certificate Requirement

Current RoHS restrictions are the result of one original directive, RoHS 1, and two updates known as RoHS 2 and 3. Businesses must comply with all requirements included in RoHS 2 and 3.

RoHS 1 and 3 are mainly concerned with the specific materials that are restricted under RoHS, listed above. RoHS 1 included six materials deemed to be hazardous to human health and the environment, and RoHS 3 added four more.

RoHS 2 includes more robust requirements that manufacturers must follow to achieve and demonstrate compliance, including issuing a compliance statement and affixing a CE marking. 

RoHS 2 also created additional categories of appliances subject to RoHS, as well as a larger list of exemptions.

Learn what steps manufacturers must take to ensure compliance: What is ‘RoHS Compliant’?

When Is a Compliance Statement Necessary?

All EEE material and products imported or sold on the EU market must have a certificate of compliance. All parts, components, and materials used in the product require documentation, not just the device itself.

The compliance certificate is necessary whenever a company needs to prove RoHS compliance, whether it is before the product is put on the market or after, if an authority requests to see the certificate.

Manufacturers should keep the declaration of conformity for at least ten years after a product is put on the market, as it will be necessary in the event that the product’s compliance is challenged.

Why Is the RoHS Compliance Statement Important?

The purpose of the compliance statement or certificate is for organizations to demonstrate compliance with RoHS. By writing and signing the statement, a manufacturer is confirming that they have taken all necessary steps to ensure their product is RoHS compliant. 

The compliance statement is a crucial part of RoHS’s emphasis on manufacturers’ self-regulation. The declaration of conformity puts the burden of compliance on manufacturers. 

Having employees of manufacturing companies write the statement themselves takes a burden off of authorities. When authorities investigate a product, the necessary background information on steps taken to ensure compliance is already compiled.

Compliance certificates are also helpful to manufacturers who rely on suppliers for smaller components in final EEE products. Companies can request RoHS compliance certification from their suppliers to ensure that all parts and materials are RoHS compliant. This simplifies the compliance process for the manufacturer. It is still the manufacturer’s responsibility to ensure compliance.

What Does a Declaration of Conformity Include?

The description and requirements for the compliance statement are found in RoHS 2 in Article 13 and Annex VI (Directive 2011/65/EU). While the directive does not provide a specific form for manufacturers to fill out, it does provide a list and structure for what the declaration of conformity should include.

Annex VI

Annex VI provides an outline of what information must be included in the declaration of conformity:

  1. Unique identification of EEE, such as a number and name
  2. Name and address of the manufacturer or his authorised representative
  3. The text: “This declaration of conformity is issued under the sole responsibility of the manufacturer (or installer).”
  4. A description of the object of the declaration (identification of EEE allowing traceability. It may include a photograph, where appropriate).
  5. The text: “The object of the declaration described above is in conformity with Directive 2011/65/EU of the European Parliament and of the Council of 8 June 2011 on the restriction of the use of certain hazardous substances in electrical and electronic equipment.”
  6. Where applicable, references to testing, relevant harmonised standards used or references to the technical specifications that were used to declare conformity. (The documentation does not have to be included in the statement itself, but must be available.)
  7. Additional information:

Signed for and on behalf of…

(place and date of issue)

(name, function) (signature)”

Article 13

Article 13 describes what the declaration of conformity is, and what it should include.

  1. The declaration should state that the manufacturer has met the RoHS requirements (described in Article 4 of the directive).
  2. The declaration of conformity should have the structure and information included in Annex VI, and should be translated into the language of the Member State market where the product is sold.
  3. By issuing a declaration of conformity, the manufacturer assumes responsibility for complying with the directive.

Additional Requirement for Demonstrating Compliance: CE Marking

The compliance statement works hand in hand with the CE marking, a visible marking that shows authorities and consumers that the product is RoHS compliant. Like the declaration of conformity, the CE marking includes certain requirements manufacturers must follow, such as proper testing of products and specific documentation.

Read more: What is the CE Marking?

What Is a CE Marking? Understanding RoHS Compliance Requirements

The EU Restriction of Hazardous Materials (RoHS) directive requires manufacturers to affix a visual CE marking on electronic products before they are put on the market. 

This article briefly describes the RoHS directive itself before delving into the specifics of the CE marking, including what it is, why it’s important, and what requirements must be met to create a CE marking.

What Is RoHS?

The RoHS directive, issued in the European Union, restricts the use of ten hazardous materials in electronic and electrical equipment (EEE). A product is RoHS compliant if it does not exceed the allowable amounts of these restricted substances. All EEE sold in the EU must be RoHS compliant. 

Restricted Substances

To be RoHS compliant, EEE must not contain any of the following hazardous substances in amounts larger than 1000 ppm. These materials are deemed to be hazardous to human health and the environment.

  • Cadmium (Cd) [The allowable amount for cadmium is 100 ppm.]
  • Mercury (Hg)
  • Lead (Pb)
  • Hexavalent Chromium (Cr VI)
  • Polybrominated Biphenyls (PBB)
  • Polybrominated Diphenyl Ethers (PBDE)
  • Bis(2-Ethylhexyl) phthalate (DEHP)
  • Benzyl butyl phthalate (BBP)
  • Dibutyl phthalate (DBP)
  • Diisobutyl phthalate (DIBP)

Read more: What is RoHS?

What Is the CE Marking?

The CE marking is a visible mark on the product in the shape of stylized C and E letters, which stands for Conformitè Europëenne. A CE marking represents the manufacturer’s declaration that their product complies with all EU directives requiring a marking, including RoHS. 

The CE marking visually demonstrates to authorities and consumers that an EEE product meets all RoHS requirements. A CE marking must be put on a product before it is put on the EU market.

The CE marking also shows that the manufacturer has the appropriate documentation proving compliance. Before placing the CE marking on a product, a manufacturer must create a technical file, a set of data that includes information about the product and steps taken to ensure the product meets RoHS requirements. 

Read more about what must be included in a technical file below.

Origins of the RoHS CE Marking Requirement

The CE marking on a product shows that the product complies with all European Union directives that require a CE marking, not just RoHS. RoHS became a ‘CE marking directive’ when RoHS 2 added a CE marking requirement with its passage in 2011. RoHS compliance is now required before a CE marking can be placed on a product.

Current RoHS restrictions are the result of one original directive, RoHS 1, and two updates known as RoHS 2 and 3. Businesses must comply with all requirements included in RoHS 2 and 3.

RoHS 1 and 3 are mainly concerned with the specific materials that are restricted under RoHS, listed above. RoHS 1 included six materials deemed to be hazardous to human health and the environment, and RoHS 3 added four more.

RoHS 2 includes more robust requirements that manufacturers must follow to achieve and demonstrate compliance, including affixing a CE marking and issuing a compliance statement.

RoHS 2 also created additional categories of appliances subject to RoHS, as well as a larger list of exemptions.

Learn what steps manufacturers must take to ensure compliance: What is ‘RoHS Compliant’?

When Is a CE Marking Necessary?

All EEE material and products imported or sold on the EU market must have a CE marking.

In addition to the CE marking, technical documentation must be kept by the manufacturer for ten years. In the event that compliance is challenged, the manufacturer must be able to produce this information.

Why Is the RoHS CE Marking Important?

The CE marking is a crucial part of RoHS’s emphasis on manufacturers’ self-regulation. By affixing the CE marking, manufacturers take on responsibility for compliance, including inspecting their own manufacturing processes and reporting or recalling violations.

The technical file is an important facet of manufacturers taking on the burden of documenting compliance. When authorities investigate a product, the necessary background information on steps taken to ensure compliance is already compiled.

RoHS 2 Requirements for the CE Marking

The RoHS 2 directive mentions the CE marking in Articles 14,15, and 16, and provides several descriptions and requirements for the marking (Directive 2011/65/EU).

Article 14

Article 14 of RoHS 2 explains that CE markings are subject to the “general principles set out in Article 30 of Regulation (EC) No 765/2008.” This other regulation, Regulation No 765/2008, is concerned with protecting public health while ensuring the free movement of products. 

General principles of the CE marking include requirements for how the CE marking should be affixed, and explains the significance of the CE marking. The regulation reads: “By affixing or having affixed the CE marking, the manufacturer indicates that he takes responsibility for the conformity of the product with all applicable requirements set out in the relevant Community harmonisation legislation providing for its affixing.”

Article 15

Article 15 of RoHS 2 supplies several rules for affixing the CE marking:

  1. The CE marking must be affixed “visibly, legibly and indelibly to the finished EEE or to its data plate.” If this is not possible the CE marking should be put on the packaging and the product’s accompanying documents.
  2. The CE marking must be affixed before the EEE is placed on the EU market.
  3. Member States should ensure the CE marking is being used lawfully and should take action in the event of improper use of the CE marking. It is up to Member States to penalize infringements as they see fit, but the penalties should be proportionate to the offense.

Article 16

Article 16 simply states, “In the absence of evidence to the contrary, Member States shall presume EEE bearing the CE marking to comply with this Directive.” In this way, a CE marking shows authorities that the product is in compliance with RoHS.

What Does a CE Marking’s Technical File Include?

The CE marking shows that a manufacturer has a technical file, a list of information showing how the manufacturer ensured RoHS compliance. The information should be collected throughout the manufacturing process, as well as during testing of the product after production.

The technical file must include:

  • A description of the product and how it works
  • Design and manufacturing drawings, and scheme drawings of all sub-assemblies or circuits. These drawings must include written descriptions.
  • Manufacturing documentation and records, including design calculations
  • A list of harmonized standards or other specifications and procedures used
  • Test results (risk assessment of all materials and parts used)

Additional Requirement for Demonstrating Compliance: Declaration of Conformity

The CE marking works hand in hand with the Declaration of Conformity, also known as a compliance statement or certificate. The compliance statement is a legal document that contains information about the product and the measures taken to ensure compliance. The manufacturer signs the statement before the product is put on the market to certify that the product is RoHS compliant. 

Read more: RoHS Compliance Statement

RoHS Noncompliance Penalties: What They Are and How They’re Enforced

What Is RoHS?

The RoHS directive, issued in the European Union, restricts the use of ten hazardous materials in electronic and electrical equipment (EEE). A product is RoHS compliant if it does not exceed the allowable amounts of these restricted substances. All EEE sold in the EU must be RoHS compliant. 

The goal of RoHS is to protect human health and the environment by reducing the risks of toxic materials used in electronics. While enforcing penalties for noncompliance is not the main goal of the directive, penalties are a crucial method to ensure compliance is met and the larger objectives of the directive are achieved.

RoHS Compliance: The Basics

The current RoHS restrictions are the result of one original directive and two updates known as RoHS 2 and 3. Any manufacturer, importer, or distributor of electronic and electrical equipment (EEE) sold in the EU market must be compliant with RoHS. 

To be RoHS compliant, companies must:

  • Use restricted substances in EEE only under allowable limits
  • Follow all RoHS 2 guidelines for testing and documentation, including the production of a Declaration of Conformity (a document demonstrating compliance) and a CE marking (a marking on the product that visually demonstrates compliance).

Learn more about how to ensure RoHS compliance: What is RoHS Compliant?

Restricted Substances

To be RoHS compliant, EEE must not contain any of the following hazardous substances in amounts larger than 1000 ppm. These materials are deemed to be hazardous to human health and the environment.

  • Cadmium (Cd) [The allowable amount for cadmium is 100 ppm.]
  • Mercury (Hg)
  • Lead (Pb)
  • Hexavalent Chromium (Cr VI)
  • Polybrominated Biphenyls (PBB)
  • Polybrominated Diphenyl Ethers (PBDE)
  • Bis(2-Ethylhexyl) phthalate (DEHP)
  • Benzyl butyl phthalate (BBP)
  • Dibutyl phthalate (DBP)
  • Diisobutyl phthalate (DIBP)

Products Restricted by RoHS

EEE regulated under RoHS includes a wide variety of products separated into eleven categories, ranging from large household appliances to medical devices. The eleventh category is all-encompassing, as it includes any EEE not covered in the previous ten categories. 

It is important that manufacturers determine whether their product fits the definition of EEE, because all EEE is subject to RoHS compliance requirements. RoHS defines EEE as: “equipment which is dependent on electric currents or electromagnetic fields in order to work properly and equipment for the generation, transfer and measurement of such currents and fields” (Directive 2011/65/EU). 

Even small components of EEE, such as cables or other sub-assemblies, must comply with RoHS standards. 

Who Has to Ensure RoHS Compliance?

Manufacturers are responsible for ensuring their product is RoHS compliant. Each product, rather than the company as a whole, must fulfill RoHS compliance requirements.

While the directive applies to all manufacturers, importers, or distributors of electronic and electrical equipment (EEE) sold in the EU market, it is the manufacturer who will be fined or penalized for non-compliance. It is up to manufacturers to remain aware of changing RoHS requirements.

Who Enforces Noncompliance?

RoHS is a directive, rather than a regulation, which means that while it is passed collectively by the European Union, Member States are responsible for implementing the directive as they see fit, including how RoHS is applied and enforced in each country.

Each Member State enforces the directive separately through a national enforcement body, an agency that performs inspections, audits, and other enforcement activities. 

These national authorities share information with the rest of the EU through meetings of Administrative Cooperation Groups. This coordination across Member States allows national agencies to improve their processes for identifying noncompliance.

Enforcement varies widely from state to state partially due to how much money is available for RoHS enforcement, and how the Member State allocates this budget. The governmental department that is in charge of RoHS compliance may vary from nation to nation, which will also change how the directive is implemented. For example, some departments, such as customs, may focus more on stopping noncompliance in importation, rather than at local factories.

What Happens When Noncompliance Is Found?

If a company puts a product on the market that is not RoHS compliant, the company may face penalties. 

Possible violations may be found following a physical inspection, through a third-party complaint, or by chance.

Enforcement authorities will take several steps before penalties are enacted. While the process varies by Member State, most enforcement agencies will take similar action to investigate noncompliance.

Physical Inspection

Physical inspection is often the first step in enforcement, as it is objective and straightforward.

Enforcement agents may pick products at random from stores to test for the presence of restricted materials above allowable limits. This begins the inspection process. If violations are found, an inspection of the factory may be conducted.

An inspection agent will perform a physical inspection of the products on-site, using an x-ray fluorescence (XRF) testing unit. XRF determines the elements that compose the materials used in a product and can detect some of the materials restricted by RoHS.

XRF testing is non-destructive, and can often be performed on site. XRF testing, along with visual inspection, can often find more serious examples of non-compliance, such as heavy metals. 

However, XRF does not detect phthalates restricted by RoHS. To effectively use XRF testing evidence in court, it must be combined with other evidence of noncompliance, such as documentation or other testing methods.

Notice and Request for Documentation

When an enforcement authority notes a possible violation, they will send a letter to the producer of the product in question requesting several pieces of information. The letter will also include a deadline by which the producer must respond.

The letter may request the following information:

  • Details about the company, such as size and sales
  • Contact information for the person responsible for compliance
  • List of products or brands the producer sells
  • Justification for any products found to be noncompliant
  • Justification for any exemptions claimed
  • Details about the internal process to ensure RoHS compliance, including certification records

This process is more time consuming than physical inspection, and often requires more resources. Additionally, interpretation of documentation may be more subject to differing interpretation than testing results from physical inspection.

Noncompliance Penalties

After a violation is confirmed, the product will be removed from the market. Producers may also face additional penalties for noncompliance.

As RoHS enforcement varies depending on the Member State, penalties vary from country to country. These penalties may include financial and legal consequences, as well as the larger costs associated with noncompliance.

Financial Consequences

Manufacturers may face fines for products that contain larger than allowable amounts of restricted hazardous substances. The amount of the fine differs by member state, with some countries having higher maximum fines than others. Fines are given for each individual product on the market, rather than the batch as a whole.

Noncompliance may also result in “stop ship” orders. Manufacturers can end up losing large amounts of money manufacturing products they are unable to sell. Additionally, a competitor’s product that is compliant may be released on the market instead.

Lastly, when a product is found to be noncompliant, the brand name may face negative press, which may hurt its reputation and reduce future sales.

Legal Consequences

After releasing a noncompliant product onto the market, the manufacturer may face severe litigation. This process is time consuming and costly, and can also have negative impacts on your brand’s reputation. 

In some Member States, penalties for noncompliance may be as severe as imprisonment. For example, in Greece, noncompliance can result in a three year prison sentence.

Larger Costs

Putting a noncompliant product on the market has widespread negative impacts on human health and the environment. When a hazardous restricted substance is used in a product, it can cause disease and other health issues during manufacturing, use, and disposal.

Substances restricted by RoHS have severe negative environmental effects, especially during the disposal process of a product. 

Read more about the environmental impacts of electronic waste: What is WEEE?

Case Study: Nikon F6 SLR Camera

While RoHS noncompliance penalties are fairly rare, many products have still been recalled across Member States, including a hand blender, hair curler, a toy fire engine, and most famously, a Nikon brand film camera. 

This Nikon camera, sold on the EU market after RoHS 3 went into effect, was found to exceed the limit for dibutyl phthalate (DBP). DBP, restricted by RoHS 3, is a chemical plasticizer that interferes with the human endocrine system.

As described in a Technical Service Advisory issued by Nikon, the company became aware of the issue during an internal review, and voluntarily recalled the camera from the EU market. Nikon also replaced cameras for customers who had bought the F6 film camera. 

While the recall only affected 152 cameras, Nikon still underwent loss of revenue as they pulled the camera from the market and paid for replacements for their customers. 

Nikon pledged to increase RoHS training for their employees and to strengthen their inspection and communication processes. 

The best way to avoid a similar loss of revenue and other RoHS noncompliance penalties is to create internal RoHS training and audit processes before a violation occurs. 

Read more about how to avoid noncompliance penalties: What is ‘RoHS Compliant’?

What Is ‘RoHS Compliant’? A Guide to Compliance with Restriction of Hazardous Substances

What Is RoHS Compliant?

The RoHS directive, issued in the European Union, restricts the use of ten hazardous materials in electronic and electrical equipment (EEE). A product is RoHS compliant if it does not exceed the allowable amounts of these restricted substances. All EEE sold in the EU must be RoHS compliant. 

Restricted Substances

To be RoHS compliant, EEE must not contain any of the following hazardous substances in amounts larger than 1000 ppm. These materials are deemed to be hazardous to human health and the environment.

  • Cadmium (Cd) [The allowable amount for cadmium is 100 ppm.]
  • Mercury (Hg)
  • Lead (Pb)
  • Hexavalent Chromium (Cr VI)
  • Polybrominated Biphenyls (PBB)
  • Polybrominated Diphenyl Ethers (PBDE)
  • Bis(2-Ethylhexyl) phthalate (DEHP)
  • Benzyl butyl phthalate (BBP)
  • Dibutyl phthalate (DBP)
  • Diisobutyl phthalate (DIBP)

The current restrictions are the result of one original directive and two updates known as RoHS 2 and 3.

RoHS 1 – The original directive, Directive 2002/95/EC, was issued in 2002, and included six materials deemed to be hazardous to human health and the environment. 

RoHS 2 – In 2011, the original directive was superseded by Directive 2011/65/EU, known as RoHS 2. RoHS 2 includes additional categories of appliances subject to RoHS, as well as a larger list of exemptions. RoHS 2 also includes additional steps businesses must take to achieve and demonstrate compliance.

RoHS 3 – The directive was amended in 2015 when Directive EU 2015/863, or RoHS 3, added 4 new restricted phthalates. RoHS 3 is simply an amendment to its predecessor, and businesses must still comply with all requirements of RoHS 2.

Read more: The Difference Between RoHS 1, 2 and 3

Rules similar to RoHS have spread to other regions, including India, China, South Korea, Vietnam, Japan, and U.S. states California and New Jersey. It is important for electronic companies to remain aware of shifting hazardous substance legislation in markets around the world so they can keep their products compliant.

Products Restricted by RoHS

Any manufacturer, importer, or distributor of electronic and electrical equipment (EEE) sold in the EU market must be compliant with RoHS. 

EEE regulated under RoHS includes a wide variety of products separated into eleven categories, ranging from large household appliances to medical devices. The eleventh category is all-encompassing, as it includes any EEE not covered in the previous ten categories. 

It is important that manufacturers determine whether their product fits the definition of EEE, because all EEE is subject to RoHS compliance requirements. RoHS defines EEE as: “equipment which is dependent on electric currents or electromagnetic fields in order to work properly and equipment for the generation, transfer and measurement of such currents and fields” (Directive 2011/65/EU). 

Even small components of EEE, such as cables or other sub-assemblies, must comply with RoHS standards. 

Who Has to Ensure RoHS Compliance?

Manufacturers are responsible for ensuring their product is RoHS compliant. Each product, rather than the company as a whole, must fulfill RoHS compliance requirements.

While the directive applies to all manufacturers, importers, or distributors of electronic and electrical equipment (EEE) sold in the EU market, it is the manufacturer who will be fined or penalized for non-compliance. It is up to manufacturers to remain aware of changing RoHS requirements.

Compliance can be expensive, as RoHS often requires manufacturers to use new or alternative processes that avoid the hazardous substances. Ensuring RoHS compliance can also add time to the production process of EEE. RoHS compliance may also increase EEE prices for consumers.

The costs associated with RoHS compliance, however, come hand in hand with safer, more environmentally friendly devices. 

Read more about costs and benefits of RoHS: What is RoHS?

Steps to Ensure A Product is RoHS Compliant

All steps to ensure RoHS compliance must be completed before an EEE product can be put on the market. The steps included in RoHS compliance are: assessing the bill of materials, testing, analyzing the manufacturing process, and compiling documentation to prove compliance.

1) Assessing Bill of Materials: Finding Non-Compliance Early

The Bill of Materials (BOM) is a list of all the parts, including subassemblies, that are used in a final product. Analyzing the BOM helps ensure that no hazardous substances exceed allowable limits. It is important to analyze not only the larger parts included, but also the homogenous materials, such as metals or plastics, that make up those larger parts. 

Many businesses depend on suppliers for smaller parts or materials that are used in the final product. Companies should request RoHS compliance certification from their suppliers to ensure that all parts and materials are RoHS compliant. It is still the manufacturer’s responsibility to ensure compliance.

While some businesses may not assess the BOM until later stages of production, it is best to review the BOM early. This allows you to spot non-compliance early and make changes, such as using alternative methods of production or updating your product design.

2) Testing: Measuring the Amounts of Restricted Substances

The goal of testing is to measure the amounts of the ten restricted substances used in a product to ensure that they are below the allowable limits.

All RoHS testing must be performed with a high level of sensitivity in order to pick up on parts per million. Many companies choose to send their product to an outside laboratory for testing.

There are several different methods of testing. All RoHS testing aims to analyze and measure the specific components of an EEE product.

The most common is x-ray fluorescence (XRF) testing, which determines the elements that compose the materials used in a product. XRF testing is non-destructive, and can often be performed on site.

Measuring phthalates, a family of chemicals restricted by RoHS, requires more complicated testing techniques. These tests analyze the molecules of materials used in the product:

  • Phthalate solvent extraction
  • Gas Chromatography with Mass Spectrometric detection (GC-MS)
  • UV-visible spectroscopy

3) Analyzing Manufacturing Processes: Ensuring On-Site Compliance

It is important to analyze all steps in a product’s manufacturing process to make sure RoHS compliance is met from start to finish. Manufacturers should implement a detailed system to ensure quality control throughout each step of production, and perform an audit to identify failures in the process that threaten RoHS compliance. 

Some manufacturers create their own audit system, while others choose to contract an outside business to analyze the manufacturing process. 

4) Compiling Documentation: Proving RoHS Compliance

Manufacturers are legally required to prove RoHS compliance, so it is important to maintain careful documentation throughout production and testing.

The first step to proving compliance is to carefully review all documentation, including the Bill of Materials, design drawings, the technical file (see below), compliance certifications from suppliers, and any test results from step 2. All documentation must show that the materials used in production do not exceed allowable levels of restricted substances

RoHS has specific requirements for how manufacturers must demonstrate compliance.

This includes the CE marking and a declaration of conformity.

CE Marking– The CE marking is a visible mark on the product that demonstrates that the manufacturer has created a technical file. The technical file is a set of data that includes information about the product and steps taken to ensure the product meets RoHS requirements. The technical file must include:

  • A description of the product and how it works
  • Design and manufacturing drawings, and scheme drawings of all sub-assemblies or circuits. These drawings must include written descriptions.
  • Manufacturing documentation and records, including design calculations
  • A list of harmonized standards or other specifications and procedures used
  • Test results (risk assessment of all materials and parts used)

Manufacturers must maintain this file for 10 years following the product’s placement on the EU market, as it will be required if the product’s RoHS compliance is challenged. 

Read more: What is the CE Marking?

Declaration of Conformity- The declaration of conformity (sometimes known as a certificate of compliance) is the final step in RoHS compliance. This is a legal document that contains information about the product and the measures taken to ensure compliance. The manufacturer signs the declaration of conformity before the product is put on the market to certify that the product is RoHS compliant. 

Read more: RoHS Compliance Statement.

Exemptions

The RoHS directive includes a list of product types that are exempt from compliance. These are listed in Article 2 of RoHS II (Directive 2011/65/EU): 

  • Equipment necessary for security, including arms, munitions and material intended for military purposes
  • Equipment designed to be sent into space
  • Large -scale stationary industrial tools
  • Large-scale fixed installations
  • Means of transport for people or goods
  • Non-road mobile machinery exclusively for professional use
  • Active implantable medical devices
  • Permanently installed photovoltaic panels to produce solar energy
  • Equipment designed for business-business research
  • Equipment that is designed to be installed in another type of equipment that is excluded under RoHS.

Manufacturers can also apply for exemptions for products and materials without safer alternatives. For example, one of the main examples for which there are few suitable alternatives is lead-soldering, commonly used in many products that have a circuit board. Lead has received exemptions in certain applications.

Read more: RoHS Restrictions on Lead.

The directive pushes companies to search for alternative substances and processes that are RoHS compliant, even while using the original, exempted material. If a viable alternative is not found, extension of the exemption is possible.

To encourage innovation, these exemptions are temporary and expire on a set date. Manufacturers must remain aware of exemption expiration dates so as not to continue use of a material that is no longer exempt.

Penalties of RoHS Noncompliance

Manufacturers will face penalties for noncompliance with RoHS. These penalties may include financial and legal consequences, as well as the larger costs associated with noncompliance.

Financial Consequences

Manufacturers may face fines for products that contain larger than allowable amounts of restricted hazardous substances. The amount of the fine differs by member state, with some countries having higher maximum fines than others. Fines are given for each individual product on the market, rather than the batch as a whole.

Noncompliance may also result in “stop ship” orders. Manufacturers can end up losing large amounts of money manufacturing products they are unable to sell.

Legal Consequences

After releasing a noncompliant product onto the market, the manufacturer may face severe litigation. This process is time consuming and costly, and can also have negative impacts on your brand’s reputation. 

Read more: RoHS Noncompliance Penalties.

Larger Costs

Putting a noncompliant product on the market has widespread negative impacts on human health and the environment. When a hazardous restricted substance is used in a product, it can cause disease and other health issues during manufacturing, use, and disposal.

Substances restricted by RoHS have severe negative environmental effects, especially during the disposal process of a product. 

Read more about the environmental impacts of electronic waste: What is WEEE?

As of January 2021, Regulation (EU) 2019/1020 created stronger controls to enforce the RoHS directive and other EU laws. The new Regulation increases penalties for noncompliance and creates more stringent enforcement. The Regulation is particularly focused on making sure enforcement is extended to EEE sold online. The Regulation also aims to increase cooperation between Member State market surveillance authorities in order to let fewer noncompliant producers fall through the cracks.

Bis(2-Ethylhexyl) Phthalate (DEHP) & Other Phthalates

Bis(2-Ethylhexyl) phthalate (DEHP) is a chemical used in the manufacturing of many electronic devices. The use of DEHP and three other phthalates is restricted by the European Union’s RoHS directive due to their high toxicity.

What Is Bis(2-Ethylhexyl) Phthalate?

DEHP stands for di-2-ethylhexyl phthalate, and is also known as bis(2-ethylhexyl) or dioctyl phthalate (DOP). Its chemical formula is C24H38O4

DEHP is an industrially-produced phthalate, a class of chemicals that are used to make plastics stronger and more durable. Phthalates may also be used to help dissolve other materials.

DEHP was first produced in 1939 in the United States, and production of DEHP hit a high in 1976, when the U.S. produced 180,000 metric tons. While its use has lessened due to concerns about its toxicity, DEHP was the most popular phthalate to use as a plasticizer, and historically made up about fifty percent of all phthalate plasticizers used.

Bis(2-Ethylhexyl) Phthalate in Electronics

DEHP is primarily used as a plasticizer, a substance that makes plastic more flexible. Plastics can contain anywhere from one to forty percent DEHP. 

DEHP works as a plasticizer to make polyvinyl chloride (PVC) more flexible. PVC containing DEHP is often used in the plastic sheathing around wires and cables in electronic equipment, or in some cases, to make plastic casings around electronic components.

DEHP is also used (not as a plasticizer) in capacitors, devices that store electrical energy. Capacitors are used in electronic circuits to allow alternating current (AC) to pass while blocking direct current (DC). The DEHP works as a dielectric fluid to prevent rapid electric discharges and can help remove excess heat in an electronic device.

Toxicity of Bis(2-Ethylhexyl) Phthalate

DEHP exposure can occur in a number of ways. DEHP enters the environment through releases from factories that produce DEHP or products that use DEHP. Additionally, when products containing DEHP are disposed of, the chemical can leach out of plastic over time. DEHP has been found in groundwater near landfills and waste disposal sites.

It is also possible to be exposed to DEHP by touching plastics that contain the chemical, although exposure through this method is likely too low to cause health problems. The United States Center for Disease Control (CDC) performed a study that found that although DEHP is detectable in the general population, it is unlikely to cause harmful health effects at those levels. However, more research is needed on the health impacts of low-level DEHP exposure.

DEHP may cause serious health effects in workers who produce DEHP or DEHP-containing products, or in waste-disposal and recycling workers. Negative health impacts of DEHP may include disruption of the endocrine system in males, disruption of placental growth, obesity, and cancer. Most research has been performed only on mice and rats, so more research is necessary to confirm these effects in humans.

RoHS: Restriction of Hazardous Substances

RoHS stands for Restriction of Hazardous Substances. The RoHS directive, issued in the European Union, restricts the use of several hazardous materials in electronic and electrical equipment (EEE). All EEE products sold in the EU must comply with RoHS.

RoHS restricts the use of ten hazardous substances in electronics, including DEHP and three other phthalates (bolded below). Electronic devices may only contain these substances in amounts lower than 1000 ppm. The allowable amount for cadmium is 100 ppm.

The materials include:

  • Cadmium (Cd)
  • Mercury (Hg)
  • Lead (Pb)
  • Hexavalent Chromium (Cr VI)
  • Polybrominated Biphenyls (PBB)
  • Polybrominated Diphenyl Ethers (PBDE)
  • Bis(2-Ethylhexyl) phthalate (DEHP)
  • Benzyl butyl phthalate (BBP)
  • Dibutyl phthalate (DBP)
  • Diisobutyl phthalate (DIBP)

These phthalates were not included in the original 2002 RoHS directive, but were added in 2015 by Directive EU 2015/863, also known as RoHS 3. 

Any manufacturer, importer, or distributor of electronic and electrical equipment (EEE) sold on the EU market must be compliant with RoHS. 

EEE regulated under RoHS includes a wide variety of electronic products separated into eleven categories, ranging from large household appliances to medical devices. The eleventh category is all-encompassing, as it includes any EEE not covered in the previous ten categories. 

Read more about how to ensure compliance with RoHS: What is ‘RoHS Compliant’?

Alternatives to Bis(2-Ethylhexyl) Phthalate

RoHS works to reduce the risk of DEHP exposure by restricting its use in electronic devices.

As a result of RoHS legislation and increasing concern about the toxicity of DEHP, many electronics manufacturers no longer use it. RoHS pushes industry to innovate substitutions for restricted hazardous materials. As a result, manufacturers and researchers are searching for safer alternatives to DEHP. However, it is difficult to find perfect alternatives because DEHP is a low-cost and widely available chemical.

Several possible plasticizer alternatives to DEHP include di-2-ethylhexyl-terephtalate (DEHT), trioctyl trimellitate (TOTM), and 1,2-Cyclohexane dicarboxylic acid diisononyl ester (DINCH). However, implementation of these alternatives to replace DEHP requires redesign of many products and manufacturing processes.

DEHP-Limiting Legislation

EU RoHS is the main legislation that limits DEHP in electronics, but similar RoHS rules that limit the chemical have been adopted by other countries including China and the UAE.

The use of DEHP has been regulated in industries other than electronics as well. In 2004, the EU banned the use of DEHP in children’s toys. In 2008, the EU added DEHP to its list of Substances of Very High Concern (SVHC) regulated under the REACH regulation, which regulates the use of chemicals in a wide variety of products. Read more: What’s the Difference Between RoHS, REACH, and WEEE?

Additionally, California classified DEHP under Proposition 65 as a “chemical known to the State of California to cause cancer and birth defects or other reproductive harm.”

Lastly, the U.S. Environmental Protection Agency (EPA) has passed a variety of environmental regulations, such as the Clean Water Act and the Clean Air Act, that list phthalates as toxic pollutants and create limits for the amount of DEHP that can be safely present in the environment.

Other Phthalates Restricted by RoHS

While DEHP is the most commonly used phthalate plasticizer, RoHS also restricts the use of three other phthalates:

  • Benzyl butyl phthalate (BBP)
  • Dibutyl phthalate (DBP)
  • Diisobutyl phthalate (DIBP)

These chemicals have similar uses to DEHP, and are similarly toxic.

Benzyl Butyl Phthalate (BBP)

BBP is mainly used as a plasticizer in PVC or vinyl foams. It can be absorbed by the body through the skin (dermally) or through the mouth (orally). People may be exposed to BBP by touching plastics that contain the chemical, or by working in industries that produce or use BBP.

Occupational exposure to BBP (which causes higher levels of exposure than the average consumer experiences) has been shown to cause multiple myeloma. While more research is needed, BBP may cause a range of other health effects including bronchial obstruction in children and reproductive problems. 

Dibutyl Phthalate (DBP)

DBP is another phthalate commonly used as a plasticizer and also as a solvent to certain dyes. DBP can be absorbed through the skin. DBP can cause health problems when inhaled during production or processing of products containing DBP.

DBP likely disrupts the endocrine system, the system that controls human hormones. When mixed with other toxic chemicals, DBP enhances their effects and can cause developmental defects and reduced sperm counts. In young children exposed to DBP through long-term ingestion (for example, if a plastic toy with DBP is chewed on for a long time), liver and kidney failure is possible.

Diisobutyl Phthalate (DIBP)

DIBP is a plasticizer used in a variety of different plastics that is often used interchangeably with DBP, although it has a lower density and freezing point than DBP. DIBP is also quite stable in high heat and light.

Because the chemical coagulates well, it is often used as a gelled material in inks and adhesives. DIBP is most commonly used in electronics as a hydraulic fluid in capacitors.

There is very little research on the health effects of DIBP in humans, but studies in animals show DIBP can cause liver problems, developmental effects in children, reproductive problems, and reduced weight among other problems. DIBP exposure in high doses such as those experienced by industrial workers may cause more health problems.

Polybrominated Diphenyl Ethers (PBDE): Restriction of Hazardous Substances in Electronics

Polybrominated Diphenyl Ethers (PBDEs) are a class of chemicals used in the manufacturing of many electronic devices. The use of PBDEs is restricted by the European Union’s RoHS directive due to their high toxicity.

Properties of Polybrominated Diphenyl Ethers

PBDEs are a manmade class of chemicals not found in nature. PDBEs are an organobromine compound, a compound that contains carbon bonded to the element bromine.

There are three types of commercial mixtures of PBDEs: pentabromodiphenyl ether (pentaBDE), octabromodiphenyl ether (octaBDE) and decabromodiphenyl ether (decaBDE). While all three mixtures have slightly different physical and chemical properties, all three are considered PBDEs due to their chemical structure. 

The uses of each commercial mixtures differ. For example, penta-BDEs are not commonly used in electronics. DecaBDE is the most commonly used PBDE worldwide. While decaBDE used to be exempt from RoHS regulations, the exemption expired in June 2008. 

When exposed to high temperatures, PBDEs release bromine radicals (a chemically reactive atom), which reduces the rate of combustion and makes it difficult for fire to occur or spread. This property makes PBDEs a popular flame retardant in a variety of consumer products, including electronics, furniture foam, wire insulation, and household textiles like curtains or rugs.

Polybrominated Diphenyl Ethers in Electronics

Most manufacturers of electronic and other consumer products no longer use polybrominated diphenyl ethers due to concerns about the chemical’s toxicity. However, prior to PBDEs’ reduction in use, the chemicals were primarily used as a flame retardant.

One of the main applications for PBDEs in electronics is in printed circuit boards and plastic casings for electronics.

The most common PBDE, deca-BDE, is used in several different types of plastic, such as high impact polystyrene, polyethylene and polypropylene. These materials are used to produce switches, plugs and connectors in electronics, as well as cables and wires.

PBDEs are also added as flame retardants to plastic used in electronics, such as plastic casings around televisions or computers. 

Toxicity of Polybrominated Diphenyl Ethers

While the average consumer may not experience high levels of PBDE exposure, workers who produce PBDEs or who work in waste-processing factories that deal with products coated in PBDEs experience unhealthy levels of exposure to these toxic chemicals.

Ingestion or inhalation of PBDEs can cause negative health effects including disruption of the endocrine system and, in pregnant women, disruption of  prenatal development. Other studies suggest that PBDEs can cause neurotoxicity, diabetes, cancer, and can harm the thyroid, immune system and liver. Research is still ongoing to confirm the health impacts of PBDEs.

RoHS: Restriction of Hazardous Substances

RoHS stands for Restriction of Hazardous Substances. The RoHS directive, issued in the European Union, restricts the use of several hazardous materials in electronic and electrical equipment (EEE). All EEE products sold in the EU must comply with RoHS.

RoHS restricts the use of ten hazardous substances in electronics, including polybrominated biphenyls. Electronic devices may only contain these substances in amounts lower than 1000 ppm. The allowable amount for cadmium is 100 ppm.

The materials include:

  • Cadmium (Cd)
  • Mercury (Hg)
  • Lead (Pb)
  • Hexavalent Chromium (Cr VI)
  • Polybrominated Biphenyls (PBB)
  • Polybrominated Diphenyl Ethers (PBDE)
  • Bis(2-Ethylhexyl) phthalate (DEHP)
  • Benzyl butyl phthalate (BBP)
  • Dibutyl phthalate (DBP)
  • Diisobutyl phthalate (DIBP)

Any manufacturer, importer, or distributor of electronic and electrical equipment (EEE) sold on the EU market must be compliant with RoHS. 

EEE regulated under RoHS includes a wide variety of electronic products separated into eleven categories, ranging from large household appliances to medical devices. The eleventh category is all-encompassing, as it includes any EEE not covered in the previous ten categories. 

Read more about how to ensure compliance with RoHS: What is ‘RoHS Compliant’?

Alternatives to Polybrominated Diphenyl Ethers

RoHS works to reduce the risk of PBDE exposure by restricting its use in electronic devices.

As a result of increasing concern about the toxicity of PBDEs, many electronics manufacturers no longer use them. The EU’s RoHS directive reduced the global use of PBDE with its passage in 2002. In 2004, octaBDE and pentaBDE stopped being produced in the U.S. after the only U.S. manufacturer voluntarily stopped production. In 2009, the main U.S. importer of decaBDE, as well as the two main producers, announced that they would stop using decaBDE by 2013. 

RoHS pushes industry to innovate substitutions for restricted hazardous materials. Some researchers argue that flame retardants are simply not worth the health risks, and should therefore not be used at all. However, many manufacturers and scientists are researching and using safer alternative flame retardants. One such alternative is simply using stronger, more naturally flame-resistant metals like silver or titanium, although this would increase the cost of electronic production.

PBDE-Limiting Legislation

EU RoHS is the main legislation that limits polybrominated biphenyls in electronics, but similar RoHS rules that limit PBDEs have been adopted by other countries including China and the UAE.

Legislation passed in other countries bans the use of PBDEs in all products, not just electronics. Several U.S. states have outlawed the use of PBDEs. In California’s bill AB 302, which went into effect January 2008, the use of penta- and octa-BDEs in all products was banned. The state of Washington passed a bill banning all PBDEs in April 2007, and in May 2007, the state of Maine passed a bill that banned the use of decaPBDE.

On an international scale, several types of PBDEs are restricted under the Stockholm Convention on Persistent Organic Pollutants treaty.

Polybrominated Biphenyls (PBB): Restriction of Hazardous Substances in Electronics

Polybrominated Biphenyls (PBBs) are a class of chemicals used in the manufacturing of many electronic devices. The use of PBBs is restricted by the European Union’s RoHS directive due to their high toxicity.

Properties of Polybrominated Biphenyls

PBBs, sometimes referred to as brominated biphenyls or polybromobiphenyls, are a manmade class of chemicals not found in nature. 

There are three types of commercial mixtures of PBB: hexabromobiphenyl (hexaBB), octabromobiphenyl (octaBB) and decabromobiphenyl (decaBB). While all three mixtures have slightly different physical and chemical properties, all three are considered PBBs due to their chemical structure.

PBBs are very stable substances that are resistant to heat, acids, bases, and oxidation. PBBs are soluble in fat but are insoluble in water. PBBs are also quite effective as a flame retardant. These properties made PBBs popular in a variety of consumer products, including electronics.

Polybrominated Biphenyls in Electronics

Most manufacturers of electronic and other consumer products no longer use polybrominated biphenyls due to concerns about the chemical’s toxicity. However, prior to PBBs’ reduction in use, PBBs were primarily used as a flame retardant.

One of the main applications for PBBs in electronics is the  infusion of PBBs into circuit boards. Because circuit boards work to pass electric currents, flame retardants are necessary to reduce the risk of electricity-caused fires.

PBBs are also added as flame retardants to plastic used in electronics, such as plastic casings around televisions or computers.  PBBs are added to these plastic shells late in the manufacturing process without bonding to the plastic, making it easier for PBBs to leach off the plastic later in a product’s life cycle.

Toxicity of Polybrominated Biphenyls

It is currently unclear whether the average consumer experiences exposure to PBBs in electronics, as there is very little data on how these chemicals leach out of electronics. However, it is abundantly clear that workers who produce PBBs or who work in waste-processing factories that deal with products coated in PBBs experience unhealthy levels of exposure to PBBs.

Exposure to high levels of PBBs has been shown to cause hypothyroidism, disruption of the endocrine system, immune system abnormalities, and skin problems. While research is ongoing, multiple governmental agencies have stated that PBB is a likely carcinogen.

The most famous case of health impacts due to PBB exposure is an incident in Michigan in 1973, in which cattle feed supplements were accidentally switched with PBB fire retardants. As a result, PBBs contaminated hundreds of farms and entered the food system, including milk, other dairy products, eggs, and beef. 

Research on the affected Michigan population found increased levels of PBBs in people’s blood, and many people reported negative health impacts (although it is unclear whether those impacts were caused by PBB exposure). Although the health impacts of PBBs have been studied extensively in mice, most research on the human health impacts of PBBs comes from this incident.

RoHS: Restriction of Hazardous Substances

RoHS stands for Restriction of Hazardous Substances. The RoHS directive, issued in the European Union, restricts the use of several hazardous materials in electronic and electrical equipment (EEE). All EEE products sold in the EU must comply with RoHS.

RoHS restricts the use of ten hazardous substances in electronics, including polybrominated biphenyls. Electronic devices may only contain these substances in amounts lower than 1000 ppm. The allowable amount for cadmium is 100 ppm.

The materials include:

  • Cadmium (Cd)
  • Mercury (Hg)
  • Lead (Pb)
  • Hexavalent Chromium (Cr VI)
  • Polybrominated Biphenyls (PBB)
  • Polybrominated Diphenyl Ethers (PBDE)
  • Bis(2-Ethylhexyl) phthalate (DEHP)
  • Benzyl butyl phthalate (BBP)
  • Dibutyl phthalate (DBP)
  • Diisobutyl phthalate (DIBP)

Any manufacturer, importer, or distributor of electronic and electrical equipment (EEE) sold on the EU market must be compliant with RoHS. 

EEE regulated under RoHS includes a wide variety of electronic products separated into eleven categories, ranging from large household appliances to medical devices. The eleventh category is all-encompassing, as it includes any EEE not covered in the previous ten categories. 

Read more about how to ensure compliance with RoHS: What is ‘RoHS Compliant’?

Alternatives to Polybrominated Biphenyls

RoHS works to reduce the risk of PBB exposure by restricting its use in electronic devices.

As a result of RoHS legislation, many electronics manufacturers no longer use PBBs. In fact, some U.S. companies stopped using PBBs in the 1970s after the incident in Michigan, and many major electronics manufacturers such as Apple, Dell and Motorola voluntarily stopped using PBBs in the early-mid 2010s.

RoHS pushes industry to innovate substitutions for restricted hazardous materials. Some researchers argue that flame retardants are simply not worth the health risks, and should therefore not be used at all. However, many manufacturers and scientists are researching and using safer alternative flame retardants. One such alternative is simply using stronger, more naturally flame-resistant metals like silver or titanium, although this would increase the cost of electronic production.

PBB-Limiting Legislation

RoHS is the main legislation that limits polybrominated biphenyls in electronics. However, the production and use of PBBs in the United States has decreased significantly since 1976.

Many U.S. states have created programs or rules to regulate the cleanup of historical PBBs in water and soil. For example, states including California, Indiana, Michigan, Mississippi, Nebraska, New York, Texas and West Virginia have adopted screening values for PBB in drinking water, groundwater, and soil. Action must be taken when PBBs are found in water or soil above a certain level established by the state.

Additionally, RoHS rules that limit PBBs have been adopted by other countries including China and the UAE.

Hexavalent Chromium: Restriction of Hazardous Substances in Electronics

Hexavalent chromium is a heavy metal used in the manufacturing of many electronic devices. Hexavalent chromium’s use is limited by the European Union’s RoHS directive due to its high toxicity.

Properties of Hexavalent Chromium

Hexavalent chromium is a heavy metal used in electronics. Heavy metals are metals with relatively high density that are toxic at low concentrations, meaning even a small amount of the metal is toxic.

Chromium is a naturally occurring element found in the earth’s crust, and is most commonly produced in South Africa and Kazakhstan. Hexavalent chromium is a chromium ion (an electrically charged chromium atom) that has the ability to pair with six other atoms. The chemical symbol for hexavalent chromium (sometimes referred to as chromium hexavalent) is Cr(VI). Hexavalent chromium is not found in nature and must be industrially produced.

Chromium exists in other forms as well. However, not only is hexavalent chromium the most common form of chromium in industrial settings, it is also the most toxic.

Hexavalent chromium is popular in electronics manufacturing due to its highly anti-corrosive properties.

Hexavalent Chromium in Electronics

Hexavalent chromium is commonly used in anticorrosive coatings on metal parts in electronics or as a pigment or paint.

The process of protecting metal from corrosion using hexavalent chromium is called chromating or passivation. In passivation, a thin layer of hexavalent chromium salts are added to a metal in an electronic device. For example, many circuit boards are coated with hexavalent chromium.

The process of passivation also helps other coatings like paint and enamel stick better, so many steel and aluminum components have a thin layer of hexavalent chromium added before paint is added on top.

Chromium-coated metal is used in many products and components, including nuts and bolts, electric switches, and antennae.

Hexavalent chromium is also used to produce pigments that coat plastics on switches or fuses, or wire and cable insulation.

Toxicity of Hexavalent Chromium

Hexavalent chromium is carcinogenic and causes a wide range of health problems, particularly in people exposed to the metal in manufacturing.

If hexavalent chromium is inhaled at high levels, it can cause lung cancer, damage to the respiratory tract, and damage to the eyes and skin (dermatitis). Prolonged exposure, such as working in a factory that uses hexavalent chromium to produce anti-corrosive coatings, is especially toxic.

Hexavalent chromium is particularly dangerous because it is very water soluble. When hexavalent chromium comes into contact with a water source, it spreads widely and quickly. Proper disposal of electronics containing hexavalent chromium is important to avoid the breakdown of electronics in landfills that release chromium into soil or water sources.

RoHS: Restriction of Hazardous Substances

RoHS stands for Restriction of Hazardous Substances. The RoHS directive, issued in the European Union, restricts the use of several hazardous materials in electronic and electrical equipment (EEE). All EEE products sold in the EU must comply with RoHS.

RoHS restricts the use of ten hazardous substances in electronics, including hexavalent chromium. Electronic devices may only contain these substances in amounts lower than 1000 ppm. The allowable amount for cadmium is 100 ppm.

The materials include:

  • Cadmium (Cd)
  • Mercury (Hg)
  • Lead (Pb)
  • Hexavalent Chromium (Cr VI)
  • Polybrominated Biphenyls (PBB)
  • Polybrominated Diphenyl Ethers (PBDE)
  • Bis(2-Ethylhexyl) phthalate (DEHP)
  • Benzyl butyl phthalate (BBP)
  • Dibutyl phthalate (DBP)
  • Diisobutyl phthalate (DIBP)

Any manufacturer, importer, or distributor of electronic and electrical equipment (EEE) sold on the EU market must be compliant with RoHS. 

EEE regulated under RoHS includes a wide variety of electronic products separated into eleven categories, ranging from large household appliances to medical devices. The eleventh category is all-encompassing, as it includes any EEE not covered in the previous ten categories. 

Read more about how to ensure compliance with RoHS: What is ‘RoHS Compliant’?

RoHS Hexavalent Chromium Exemptions

While alternatives to hexavalent chromium coatings exist and are in the process of being refined, exemptions do exist under RoHS for the use of hexavalent chromium in certain applications and electronic categories. For example, exemptions exist for the use of hexavalent chromium in spare parts for x-ray systems. These exemptions are given a date upon which they expire, and will no longer be exempt from RoHS unless an extension is granted.

Visit the European Chemicals Agency website for a full list of hexavalent chromium exemptions.

Alternatives to Hexavalent Chromium

RoHS works to reduce the risk of hexavalent chromium exposure by limiting the amount of hexavalent chromium used in electronic devices. 

As a result of RoHS legislation, many electronics manufacturers no longer use hexavalent chromium. RoHS pushes industry to innovate substitutions for restricted hazardous materials. Many manufacturers and scientists are researching and using alternatives to hexavalent chromium.

One of the most promising alternatives is another ion of chromium, trivalent chromium. Trivalent chromium is much safer both for human health and the environment. Some manufacturers resist using this alternative due to concerns that the coating it produces is of a lower quality and will increase costs. However, use of trivalent chromium will decrease waste treatment costs that manufacturers must pay when using hexavalent chromium.

Hexavalent Chromium-Limiting Legislation

RoHS is the main legislation that limits hexavalent chromium in electronics. However, other regulations have been passed that focus on occupational exposure to hexavalent chromium.

In the U.S., the Occupational Safety and Health Administration (OSHA) created standards limiting workplace exposure to hexavalent chromium. OSHA’s regulation is one of the strictest hexavalent chromium exposure limits internationally. 

OSHA’s Standard 1910.1026 creates a permissible exposure limit (PEL) to hexavalent cadmium for workers in all non-exempt industries. Employers must ensure that none of their employees are exposed to airborne hexavalent chromium in amounts larger than 5 micrograms per cubic meter of air in an 8 hour work day.

Lead: Restriction of Hazardous Substances in Electronics

Lead is a heavy metal used in the manufacturing of many electronic devices. Lead’s use is limited by the European Union’s RoHS directive due to its high toxicity.

Properties of Lead

Lead is a heavy metal used in electronics. Heavy metals are metals with relatively high density that are toxic at low concentrations, meaning even a small amount of the metal is toxic. Lead is denser (its particles are more closely packed) than most other materials.

Lead is naturally occurring and is usually found in combination with sulfur in the earth’s crust. The chemical symbol for lead is Pb.

China, the top producer of lead from mines, produced 1.2 million tonnes of lead in 2019, making up almost half of the global total. Australia, Peru, and the U.S. are the other world leaders in production of lead. Each year, more lead is produced from recycled lead-containing materials, rather than from mines.

Characteristics that make lead popular in electronic manufacturing include its softness, its malleability, its ability to be combined with other metals, and the fact that it does not break easily.

Lead in Electronics

Lead is considered one of the most important metals in electronics production. It is most often used in electronics as a compound or alloy with another element.

The main use of lead in electronics is lead soldering. The lead solder attaches two electronic components securely, allowing an electric signal to pass through. For example, lead solder could attach a wire to a circuit board. 

The most common type is tin-lead soldering, which is commonly used in devices where components that are sensitive to heat may crack or melt at high temperatures. When combined with tin, lead has a low melting point, which means it can be worked with at a lower temperature and is less sensitive to variations in temperature. 

Lead is also used in alloys (a mixture) with other metals, such as copper and steel, which expands the use of these metals. Lead alloy in steel is often used in electronic products.

Toxicity of Lead

It is unlikely that the average consumer will experience lead exposure as a result of touching lead solder, as lead solder is used internally in electronics. However, people may be exposed to lead from electronics if a device breaks. More common is lead exposure in workers who manufacture or recycle lead-containing products. Additionally, if lead-containing electronics are put in landfills, as the device breaks down, lead can leach out and contaminate water and soil.

There is no safe exposure level to lead. When lead is swallowed or breathed in, or enters the body another way, it gets stored in blood, which can cause long-term harm.

Lead exposure, particularly in children, can cause damage to the brain and nervous system, lowered IQ, slowed growth, and problems with hearing and speech. Long term exposure in adults can also cause fertility problems, heart disease, and kidney disease.

RoHS: Restriction of Hazardous Substances

RoHS stands for Restriction of Hazardous Substances. The RoHS directive, issued in the European Union, restricts the use of several hazardous materials in electronic and electrical equipment (EEE). All EEE products sold in the EU must comply with RoHS.

RoHS restricts the use of ten hazardous substances in electronics, including lead. Electronic devices may only contain these substances in amounts lower than 1000 ppm. The allowable amount for cadmium is 100 ppm.

The materials include:

  • Cadmium (Cd)
  • Mercury (Hg)
  • Lead (Pb)
  • Hexavalent Chromium (Cr VI)
  • Polybrominated Biphenyls (PBB)
  • Polybrominated Diphenyl Ethers (PBDE)
  • Bis(2-Ethylhexyl) phthalate (DEHP)
  • Benzyl butyl phthalate (BBP)
  • Dibutyl phthalate (DBP)
  • Diisobutyl phthalate (DIBP)

Any manufacturer, importer, or distributor of electronic and electrical equipment (EEE) sold on the EU market must be compliant with RoHS. 

EEE regulated under RoHS includes a wide variety of electronic products separated into eleven categories, ranging from large household appliances to medical devices. The eleventh category is all-encompassing, as it includes any EEE not covered in the previous ten categories. 

Read more about how to ensure compliance with RoHS: What is ‘RoHS Compliant’?

RoHS Lead Exemptions

While alternatives to lead soldering exist and are in the process of being refined, exemptions do exist under RoHS for the use of lead in certain applications and electronic categories. These exemptions are given a date upon which they expire, and will no longer be exempt from RoHS unless an extension is granted.

Visit the European Chemicals Agency website for a full list of lead exemptions.

Alternatives to Lead Solder

RoHS works to reduce the risk of lead exposure by limiting the amount of lead used in electronic devices. 

As a result of RoHS legislation, many electronics manufacturers no longer use lead. RoHS pushes industry to innovate substitutions for restricted hazardous materials. Many manufacturers and scientists are researching and using alternatives to lead soldering, including solders containing tin and copper, silver, or other additives.

The most popular lead solder alternative is a solder combining tin, silver and copper known as SAC solder. While SAC solder is now widely used by many in the electronics industry, many changes had to be made in manufacturing processes before the solder could be used. SAC solder has a higher melting point than lead-tin solder, so many products had to be redesigned to withstand higher temperatures.

Another, more experimental alternative to lead solder is the use of ECAs, polymers (materials like silicone) that contain small flakes of conductive metal like silver. These materials stick to circuit boards and the metal works to conduct electricity. The advantage of ECAs is that they can be applied to circuit boards at a much lower temperature than other lead solder alternatives.

Lead-Limiting Legislation

RoHS is the main legislation that limits lead in electronics. However, other legislation has been passed that controls lead in electronic waste (e-waste). 

The United States Environmental Protection Agency (EPA) has several regulations that address the disposal and cleanup of e-waste that contains lead. For example, the EPA has rules for the disposal of cathode ray tubes (CRTs), which contain lead. Visit the EPA website for more information on e-waste regulations.