Consultation on amendments to the Restriction of the Use of Certain Hazardous Substances in Electrical and Electronic Equipment

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Closes 12 Oct 2021

Introduction

The Restriction of the Use of Certain Hazardous Substances in Electrical and Electronic Equipment Regulations 2012  (RoHS Regulations) restricts the use of 10 hazardous substances in electrical and electronic equipment (EEE) with a view to contributing to the protection of human health and the environment, including the sound recovery and disposal of waste. We propose to introduce a restriction on the use of four phthalates in the manufacture of various medical devices and monitoring and control instrumentation equipment. This would start in July 2022, and is in the interests of public health and environmental protection, as these substances have long been of concern. When they are used in electrical and electronic equipment they can have a negative impact on effective recycling, human health and the environment during waste operations. The  restriction of these phthalates has already been granted in the EU, meaning businesses and producers have already adapted to use alternatives, and a domestic restriction would prevent GB becoming a ‘dumping ground’ for certain phthalate-containing  medical devices and monitoring and control instrumentation.

We intend to do this using the Hazardous Substances and Packaging (Legislative Functions and Amendment) (EU Exit) Regulations 2020 (‘the EU Exit Regulations’). This legislation provides the Secretary of State with powers to amend, by regulations, the list of restricted substances and maximum permitted concentration thresholds for each of those substances set out in the RoHS Regulations

1. What is your name?
2. What is your email address?
If you enter your email address then you will automatically receive an acknowledgement email when you submit your response.
3. What is your organisation?
4. Would you like your response to be confidential?

Confidentiality and data protection

1. A summary of responses to this consultation will be published on the Government website at: www.gov.uk/defra. An annex to the consultation summary will list all organisations that responded but will not include personal names, addresses or other contact details. 

1.1 Defra may publish the content of your response to this consultation to make it available to the public without your personal name and private contact details (e.g. home address, email address, etc). 

1.2 If you click on ‘Yes’ in response to the question asking if you would like anything in your response to be kept confidential, you are asked to state clearly what information you would like to be kept as confidential and explain your reasons for confidentiality. The reason for this is that information in responses to this consultation may be subject to release to the public or other parties in accordance with the access to information law (these are primarily the Environmental Information Regulations 2004 (EIRs), the Freedom of Information Act 2000 (FOIA) and the Data Protection Act 2018 (DPA)). We have obligations, mainly under the EIRs, FOIA and DPA, to disclose information to particular recipients or to the public in certain circumstances. In view of this, your explanation of your reasons for requesting confidentiality for all or part of your response would help us balance these obligations for disclosure against any obligation of confidentiality. If we receive a request for the information that you have provided in your response to this consultation, we will take full account of your reasons for requesting confidentiality of your response, but we cannot guarantee that confidentiality can be maintained in all circumstances. 

1.3 If you click on ‘No’ in response to the question asking if you would like anything in your response to be kept confidential, we will be able to release the content of your response to the public, but we won’t make your personal name and private contact details publicly available. 

1.4 There may be occasions when Defra will share the information you provide in response to the consultation, including any personal data with external analysts. This is for the purposes of consultation response analysis and provision of a report of the summary of responses only. 

1.5 This consultation is being conducted in line with the Cabinet Office “Consultation Principles” and be found at: https://www.gov.uk/government/publications/consultation-principles-guidance

1.6 Please find our latest privacy notice uploaded as a related document alongside our consultation document.  

1.7 If you have any comments or complaints about the consultation process, please address them to: 

 [Consultation Title] 

Consultation Coordinator, Defra 

2nd Floor, Foss House, Kings Pool,  

1-2 Peasholme Green, York, YO1 7PX 

Or email: consultation.coordinator@defra.gov.uk 

(Required)