RoHS and Importing Over-Threshold Parts and Products Into the EU

Question: Declarations are a necessary part of importing spare parts into the European Union, Registration, Evaluation, Authorisation and Restriction of Chemicals (REACH) Regulation. Under the European Union (EU) Restriction of Hazardous Substances (ROHS) Directive, will parts containing hazardous substances over the threshold without an exemption be stopped at customs? Furthermore, can a product be imported into the EU if it contains RoHS substances over threshold, without an exception?

Answer: Spare parts that are not compliant with substance restrictions such as RoHS can still be shipped, sold and used within the EU, provided they are being incorporated into products and equipment placed on the market before the relevant date. This date varies both by product category and substance.

For example, parts for Category 1 products placed on the market before July 1, 2006, that contain lead or cadmium can be imported into the EU. The same is true of parts for the same Category 1 product, using one of the four phthalates provided the product was placed on the market prior to July 22, 2019.

As for products containing RoHS substances over the threshold, without an exemption, no, they cannot be legally placed on the market. Any part of the product containingRoHS substances above the accepted threshold renders the entire product non-compliant with legislative requirements, if the product is within the scope of the directive.

This content is accurate as of July 19, 2019.

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