Regulation on the Restriction of the Use of Certain Hazardous Substances in Electrical and Electronic Equipment

The Regulation on the Restriction of the Use of Certain Hazardous Substances in Electrical and Electronic Equipment (RoHS) was published in the Official Gazette No. 32055 on 26 December 2022. Most of its provisions entered into force on 1 February 2023, while those on the CE marking and EU Declaration of Conformity, and Article 5(4), entered into force on 1 January 2024 (Article 21). The current text includes the amendment published in the Official Gazette No. 32435 of 20 January 2024 and was prepared taking Directive 2011/65/EU into account (Article 20).

What does the regulation restrict and who does it cover?

Its purpose is to restrict hazardous substances in EEE, contributing to environmentally sound recovery and disposal of waste EEE (Article 1). EEE placed on the market, including cables and spare parts, must not contain the restricted substances listed in Annex 2 above the maximum weight concentrations stated for homogeneous materials (Article 5). Products such as military equipment, equipment designed for space, large-scale fixed industrial tools and installations and active implantable medical devices are excluded (Article 2). Medical devices, in vitro diagnostic devices and monitoring and control instruments have also been subject to the restriction since 1 January 2024 (Article 5).

What are the obligations of economic operators?

The manufacturer designs products to meet the restrictions, prepares the technical file under Module A, draws up the EU Declaration of Conformity and affixes the CE marking. The technical file and declaration are kept for 10 years from placing on the market (Article 7). The importer confirms before placing on the market that the manufacturer has carried out conformity procedures, that the product bears the CE marking and that the documents accompany it (Article 9). The distributor checks the CE marking and required documents and does not make available a product it knows to be non-compliant (Article 10).

• Taking corrective measures to bring non-compliant products into conformity, withdraw or recall them as soon as possible, and informing the market surveillance authority immediately (Articles 7, 9 and 10).
• Keeping a register of non-compliant and recalled products and informing distributors (Articles 7 and 9).
• Being able to provide, for 10 years, information on those who supplied them and to whom they supplied the product (Article 12).

How do exemptions and transitional rules work?

Applications exempt from the restricted substances are determined by the Ministry, taking changes in EU legislation into account (Article 6). Cables and spare parts used to repair, reuse, update functions or increase the capacity of products placed on the market before certain dates are outside the restriction; for example, EEE placed on the market before 30 May 2009 (Article 5). Under Provisional Article 1, the CE marking requirement was postponed to 1 January 2024 and now applies.

Who handles market surveillance and enforcement?

Market surveillance is carried out by the Ministry of Health for medical devices, the Ministry of Trade for toys and sports equipment, the Information and Communication Technologies Authority for radio and telecommunications terminal equipment, and the Ministry of Industry and Technology for other EEE (Article 18). Violations are subject to Product Safety and Technical Regulations Law No. 7223 (Article 19).

What does it mean for destruction and recycling?

RoHS limits hazardous substances at the design stage, which makes recovery and disposal easier at the waste stage (Article 1). Waste EEE itself is collected and processed under the Regulation on the Management of Waste Electrical and Electronic Equipment; a business acting as producer, importer or distributor should follow the obligations of both regulations together. Non-compliant products that are recalled or withdrawn should also be handed to licensed facilities when they become waste.

What should companies pay attention to in practice?

Businesses that import EEE or sell it under their own brand should request the technical file, declaration of conformity and test records from suppliers, keep documents for 10 years and make sure the product carries manufacturer or importer details and identifiers such as type, batch or serial number (Articles 7-9). An importer or distributor that places a product on the market under its own name or brand, or modifies a product in a way that affects compliance, is treated as the manufacturer (Article 11).