New ROHS and WEEE controls on imports of electrical and electronic equipment enter into force

On 16 January 2023, two new inspections on import controls for electrical and electronic equipment, batteries, and accumulators from third countries came into force.

The aim is to check compliance with the WEEE (Waste Electrical and Electronic Equipment), WBA (Waste Batteries and Accumulators), and ROHS (Restriction of Hazardous Substances in Electrical and Electronic Equipment) regulations, in order to improve environmental protection.

The objective is to control that products comply with technical requirements, and facilitate recycling processes and waste disposal.

These controls represent an improvement in sustainability, as according to a UN report, 53.6 million tonnes of WEEE are generated annually and only 16.4% are recycled.

This is why two new import inspections are starting to be applied:

• RoHS (Restriction of Hazardous Substances)
• WEEE (Waste Electrical and Electronic Equipment)

The goods affected are electrical and electronic equipment (EEE), batteries, accumulators, and battery packs (WEEE) included in Annexes I, II, and III of Royal Decree 993/2022. SOIVRE has published the list of affected tariff headings on the ESTACICE website.

WHAT DOES THE ROHS CHECK CONSIST OF?

It will be verified that EEE containing the substances listed below (Annex II RD 219/2013) are not placed on the market in quantities exceeding the maximum concentration values by weight in homogeneous materials.

Substances and maximum tolerable concentration values by weight in homogeneous materials:

• Lead (0.1%)
• Mercury (0.1 %)
• Cadmium (0.01 %)
• Hexavalent chromium ((0.1 %) %)
• Polybrominated biphenyls (PBB) (0.1 %)
• Polybrominated diphenyl ethers (PBDE) (0.1 %) or Phthalates (0.1 %)

WHAT DOES THE RAEES AND RPYAS CONSIST OF?

It will be checked if the producer is registered in the corresponding registers:

• REGISTRATION OF ELECTRIC AND ELECTRONIC APPLIANCES: industria.gob.es/registros-industriales/RAEE/Paginas/Index.aspx 
• REGISTRATION OF BATTERIES AND ACCUMULATORS industria.gob.es/registros-industriales/pilas/Paginas/Inicio.aspx

And it will be validated whether declarations exist in the corresponding product categories.

Equipment covered by WEEE:

• Equipment that needs electric currents or electromagnetic fields to function correctly.
• Equipment required for the generation, transmission, and measurement of such currents and fields.
• Equipment designed for use with a voltage rating not exceeding 1000 V for alternating current and 1500 V for direct current.                                     

WHO IS AFFECTED?

Any natural or legal person who, regardless of the sales technique used within the meaning of Law 7/1996, of 15 January, on the Regulation of Retail Trade in the field of distance contracts:

1st, It is established in Spain and manufactures EEE under its own name or its own brand, or designs or manufactures and markets them under its name or brand in Spanish territory.

2nd, It is established in Spain and resells EEE manufactured by third parties under its own name or its own brand, without the seller being considered a “producer” if the producer's brand appears on the apparatus in accordance with the first clause.

3rd, It is established in Spain and is professionally involved in the placing on the Spanish market of EEE from third countries or from other Member States.

4th, Sells EEE by remote communications media directly to private households or professional users in Spain and is established in another Member State or in a third country.

WHAT DO THEY HAVE TO DO?

1. Mandatory: Be registered in the Integrated Industrial Register (RII).

Access the Application Guide for the registration of producers of Electrical and Electronic Equipment (EEE) in the Integrated Industrial Register. 

Recommended: use the DOCUCICE (Documentary repository for storing technical documents related to specific references of a regular importer under social register control).

We recommend that the importers themselves register in the system:

Application for registration of a reference in Docucice (serviciosmin.gob.es)
 

1. Attach the necessary technical documentation: Declaration of Conformity + Final Product Test Report or Third Party Production Certifications.

WHAT ARE THE CONSEQUENCES FOR MANAGEMENT?

• Imperceptible in 80% of cases.
• Minimal delays if ROHS and registration in EEE and batteries and accumulators registers are complied with.
• None, if the importer is registered and uses DOCUCICE.

All updated information on controls can be found at: https://comerciomig2.serviciosmin.gob.es/WebEstacice/