New Rules on Hazardous Substances

July 2006 sees the commencement of new rules for dealing with hazardous substances that could have a profound effect on many businesses. The Restriction of the Use of Certain Hazardous Substances in Electrical and Electronic Equipment Regulations 2005 (RoHS) implement the EU Directive of the same name in the UK and place restrictions on the use of certain metals, especially heavy metals such as lead, mercury and cadmium, which are used in a number of production processes and which will in many cases be prohibited. The Regulations will also affect the suppliers of electronic components and will impact on every stage from product design right through to disposal by the end user.

Failure to comply with the RoHS requirements will be a criminal offence.

The Regulations will apply to:

• large and small household appliances;
• IT and telecommunications equipment;
• consumer equipment;
• lighting equipment, including electric light bulbs;
• most electrical and electronic tools;
• toys, leisure and sports equipment; and
• automatic dispensers.

The Regulations do not apply to the reuse of, or to spare parts for the repair of, electrical and electronic equipment put on the market before 1 July 2006.

The Department of Trade and Industry has issued draft guidance on the Regulations, which can be obtained from its website.

These regulations follow the pattern established by the Waste Electrical and Electronic Equipment Directive (WEEE). The WEEE Directive was due to be implemented in the UK last summer but has been delayed on several occasions. It is not yet known when it will come into force. Furthermore, the Government has recently announced the launch of consultation proposals for recycling and composting targets for commencement in 2007/08.