Consultation on charging fees for applications for exemptions to the Restrictions of the Use of Certain Hazardous Substances in Electrical and Electronic Equipment Regime

Overview

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.

Industry can apply for exemptions to allow the supply of products using one or more of the restricted substances above the threshold limits set down in the RoHS Regulations where specified criteria are met. Applications for exemptions are made to the Secretary of State under regulation 6 of the Hazardous Substances and Packaging (Legislative Functions and Amendment) (EU Exit) Regulations 2020 (2020 Regulations). Any exemption that is granted can be used across industry, not just the business that applied for the exemption. Exemptions are granted where it is determined that the necessary criteria have been met following a detailed evaluation conducted in accordance with regulation 5 of the 2020 Regulations.

The RoHS Regulations closely follow restrictions placed on the use of hazardous substances in EEE in the EU RoHS Directive(2011/65/EU)^[1]. Applications for exemptions in the EU are determined by the European Commission. Decisions are published and adopted by means of a delegated act. Following the UK’s withdrawal from the EU, the function of granting, renewing and revoking exemptions were, in relation to Great Britain, transferred to the Secretary of State by the 2020 Regulations using powers in section 8 of the European Union (Withdrawal) Act 2018 (the Withdrawal Act).

This transferred function represents a new cost to the public purse which the government is now seeking to recover from organisations that submit applications for exemptions under the 2020 Regulations on a cost recovery basis.