Hazardous Substances: Implementing the new (RoHS) Directive 2011/65/EU

The UK Government has published its reponse to the recent consultation on implementing the new Restriction of the use of certain Hazardous Substances in Electrical and Electronic Equipment (RoHS) Directive 2011/65/EU.

The consultation package included proposed draft Regulations, draft guidance and a Consultation Stage Impact Assessment. Conducted by the Department for Business Innovation and Skills (BIS) the consultation itself was held  over 12 weeks from April to July 2012, with comments received from 20 stakeholders. The government sought views on 14 questions which opened up the possibility to comment and provide additional data in all areas.

Key results

• Overall there were very few comments specifically relating to the draft Regulations. There was a consensus to try and keep the Regulations more closely aligned to the Directive. Where this has been legally possible, the Regulations have been amended to do so.

• No stakeholders were able to offer additional data for the impact assessment.

• A number of helpful comments were received on the draft guidance. This will be updated and published later in the autumn and will also take account of the FAQ now published by the European Commission to ensure the BIS guidance does not repeat issues already covered in that guidance. In that respect the revised BIS guidance is likely to be UK centric, covering the issues of UK enforcement and advice.

• The revised draft Regulations will be considered through the regulatory scrutiny processes of Whitehall and the Parliament. Should these processes be cleared successfully, it is expected the Regulations will be laid before Parliament in late November 2012 and become law on 2 January 2013 (the transposition deadline for the Directive).