A seller from outside the EU ships a batch of LED desk lamps to EU customers. The lamps carry a CE marking, the supplier has sent a "RoHS certificate", and the first orders go out. Then a marketplace asks for the EU declaration of conformity and the technical documentation, and nobody can produce them. The certificate turns out to be a test report for a different lamp, from a different factory.
RoHS is one of the first EU rules this kind of seller runs into. This article explains what it requires, who is responsible when you sell from outside the EU, and what you need to have ready.
- Which products fall under RoHS
- The ten restricted substances
- Who is responsible
- What you need: documents, CE marking and label
- How you prove compliance
- How RoHS fits with other EU rules
- Checklist
Which products fall under RoHS
RoHS is Directive 2011/65/EU. It applies to electrical and electronic equipment (EEE): equipment that needs electric current or electromagnetic fields for at least one intended function, with a voltage rating up to 1,000 volts AC or 1,500 volts DC (Article 3(1) and (2)).
Annex I lists eleven categories, from household appliances and IT equipment to lighting, tools and toys. Category 11 covers "other EEE not covered by any of the categories above" (Annex I). In practice almost every product with a plug, a battery or a cable falls under it: a phone charger, an LED lamp, a toy with a sound module, a heated blanket, a smart watch. The directive also applies to cables and spare parts (Article 4(1)).
Some equipment is excluded, such as equipment designed to be sent into space or for military purposes (Article 2(4)). For consumer products these exclusions rarely apply.
The ten restricted substances
EEE placed on the EU market may not contain more than the maximum concentration of these substances in any homogeneous material (Article 4(1) and (2), Annex II as amended by Delegated Directive (EU) 2015/863):
| Substance | Maximum concentration by weight in homogeneous material |
|---|---|
| Lead (Pb) | 0.1% |
| Mercury (Hg) | 0.1% |
| Cadmium (Cd) | 0.01% |
| Hexavalent chromium (Cr VI) | 0.1% |
| Polybrominated biphenyls (PBB) | 0.1% |
| Polybrominated diphenyl ethers (PBDE) | 0.1% |
| Bis(2-ethylhexyl) phthalate (DEHP) | 0.1% |
| Butyl benzyl phthalate (BBP) | 0.1% |
| Dibutyl phthalate (DBP) | 0.1% |
| Diisobutyl phthalate (DIBP) | 0.1% |
"Homogeneous material" is the key term. The limit does not apply to the product as a whole, but to each material that cannot be separated mechanically (Article 3(20)): the solder on a circuit board, the plastic of a cable, the coating on a screw. A lamp that is 99% aluminium can still fail because of the lead in one solder joint.
Annex III lists exemptions for specific applications, for example certain uses of lead in glass or alloys (Article 4(6)); Annex IV only concerns medical devices and monitoring and control instruments. Exemptions apply for a limited period, up to 5 years for most consumer products, and can be renewed or removed (Article 5). If your product relies on an exemption, check that it is still valid for your use.
Who is responsible
RoHS gives each party in the chain its own duties. Which role you have decides what you must do.
| Role | Who | Main duties under RoHS |
|---|---|---|
| Manufacturer | Whoever makes the product, or has it designed or made and sells it under their own name or trade mark (Article 3(6)) | Design and make the product to meet the limits, draw up the technical documentation, carry out the conformity assessment, draw up the EU declaration of conformity, affix the CE marking, keep the documents for 10 years (Article 7) |
| Authorised representative | A party in the EU appointed by the manufacturer with a written mandate | Keep the declaration and technical documentation available for authorities for 10 years, provide them on request, cooperate with authorities (Article 8) |
| Importer | A party in the EU that places products from outside the EU on the EU market | Check that the conformity assessment was done, that the documentation exists and that the product carries the CE marking; put its own name and address on the product (Article 9) |
| Distributor | Anyone else in the chain who sells the product, such as a retailer | Check the CE marking, the documents and the names and addresses before selling (Article 10) |
If you sell under your own brand, you are the manufacturer, even when a factory in China makes the product (Article 3(6)). An importer or distributor who sells under its own name or trade mark, or changes the product in a way that can affect compliance, also becomes the manufacturer (Article 11).
When you sell directly to EU customers from outside the EU, there is often no EU importer. RoHS is one of the laws listed in Article 4(5) of Regulation (EU) 2019/1020, so the product may then only be placed on the EU market if an economic operator established in the EU is responsible for it, for example an authorised representative with a written mandate (Article 4(1) and (2)). Its name and postal address must be on the product, the packaging, the parcel or an accompanying document (Article 4(4)).
An authorised representative does not take over the manufacturer's core duties. Under RoHS, two tasks are never part of the mandate: designing and making the product to meet the limits, and drawing up the technical documentation (Article 8(a)). That stays with you.
Selling electronics in the EU from outside the EU? Our EU Authorised Representative service also covers CE-marked products under RoHS: we keep your documentation available for the authorities and are their contact point in the EU.
What you need: documents, CE marking and label
For each product you need:
- Technical documentation (Article 7(b)). It shows how you know the product meets the limits. The harmonised standard EN IEC 63000:2018 (Commission Implementing Decision (EU) 2020/659) sets out what this documentation should contain: typically supplier declarations for materials and components, test reports where the risk calls for them, and an assessment of which parts are most likely to contain restricted substances. Products assessed in line with this harmonised standard are presumed to comply (Article 16(2)).
- Internal production control. The manufacturer carries out the conformity assessment under module A, internal production control (Article 7(b)). No notified body is involved.
- An EU declaration of conformity that states that the RoHS requirements are met, translated into the languages required where you sell (Article 13(2)). If your product also falls under other CE directives, such as the EMC, Low Voltage or Radio Equipment Directive, you draw up a single declaration that covers all of them (for example Article 15(3) of the EMC Directive 2014/30/EU).
- The CE marking on the finished product (Article 7(c)).
- Traceability and contact details. A type, batch or serial number, and the manufacturer's name and address on the product, or on the packaging or an accompanying document if the size or nature of the product does not allow it (Article 7(g) and (h)).
- Records. Keep the technical documentation and the declaration for 10 years after the product was placed on the market (Article 7(d)), and a register of non-conforming products and recalls (Article 7(f)).
How you prove compliance
A "RoHS certificate" from a supplier has no legal status under RoHS. The directive has no certificates; it has a declaration of conformity that the manufacturer signs, backed by technical documentation. A supplier's report is useful evidence, but only if it is for your product, from the factory that makes it, and recent enough to reflect the current materials.
In practice the proof is built in layers:
- Material declarations from your supplier for each component and material, stating that they meet the limits.
- A risk assessment of the parts where restricted substances are most likely: solder, cables and plastics, coatings, glass and ceramics in lamps.
- Screening tests, often with XRF (an analyser, often handheld, that detects metals such as lead and cadmium), on the risky parts.
- Laboratory analysis where screening gives a doubtful result, or for substances screening cannot measure well, such as the phthalates.
The higher the risk, the more testing the documentation should contain. Repeat the checks when the supplier changes a component or a material: the manufacturer must have procedures in place for series production to remain in conformity (Article 7(e)).
Not sure which tests your electronics need? Our electronics testing service covers RoHS, EMC, the Low Voltage Directive and the Radio Equipment Directive, and you get a quotation with the tests that apply to your product.
How RoHS fits with other EU rules
RoHS only covers hazardous substances. Most electronics fall under several EU rules at the same time:
- Safety and EMC. The Low Voltage Directive and the EMC Directive, or for products with Bluetooth or WiFi the Radio Equipment Directive, which also covers safety and EMC. They all use the same CE marking and one single declaration.
- Other chemicals. RoHS applies without prejudice to REACH (Article 2(3)). A product can meet RoHS and still contain a REACH substance of very high concern above 0.1%, which brings its own information duties (Article 33 of Regulation (EC) No 1907/2006). Our article on SVHC and REACH Annex XVII tests explains the difference.
- Batteries. Products with batteries also fall under the Batteries Regulation (EU) 2023/1542. See our article on the EU Battery Regulation for consumer products.
- Waste. RoHS also applies without prejudice to waste legislation (Article 2(3)). Under the WEEE Directive 2012/19/EU, producers must be registered in each EU country where they sell electronics; a seller from outside the EU usually does this through an authorised representative in that country (Articles 16 and 17). We arrange WEEE registration in France and Germany; for other countries, ask us what is possible. Our article on WEEE for importers explains how it works.
Checklist
- Check whether your product needs electricity for at least one function and runs on up to 1,000 V AC or 1,500 V DC. If so, RoHS almost certainly applies.
- Decide your role: if you sell under your own brand, you are the manufacturer.
- Ask your supplier for material declarations for every component, for the product the factory actually makes.
- Identify the risky parts: solder, cables, plastics, coatings, glass.
- Have the risky parts tested, and keep the reports with the technical documentation.
- Draw up and sign the EU declaration of conformity, and affix the CE marking.
- Put a batch or serial number and your name and address on the product.
- When you sell directly to EU customers, make sure an economic operator in the EU is responsible, for example by appointing an authorised representative, and put its name and address on the product, packaging, parcel or an accompanying document.
- Keep everything for 10 years, and repeat the checks when a component changes.
Sources
- Directive 2011/65/EU on the restriction of the use of certain hazardous substances in electrical and electronic equipment (RoHS), Articles 2, 3, 4, 5, 7 to 11, 13 and 16, Annexes I to IV. EUR-Lex
- Commission Delegated Directive (EU) 2015/863 amending Annex II to Directive 2011/65/EU as regards the list of restricted substances. EUR-Lex
- Regulation (EU) 2019/1020 on market surveillance and compliance of products, Article 4. EUR-Lex
- Directive 2014/30/EU on electromagnetic compatibility, Article 15(3).
- Directive 2012/19/EU on waste electrical and electronic equipment (WEEE), Articles 16 and 17.
- Regulation (EC) No 1907/2006 (REACH), Article 33, and Regulation (EU) 2023/1542 on batteries.
- Commission Implementing Decision (EU) 2020/659 on the harmonised standard EN IEC 63000:2018, Technical documentation for the assessment of electrical and electronic products with respect to the restriction of hazardous substances.
- Consulted October 2026.
