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06/02/2023
What is ROHS labeling?
On January 16, RD 993/2022 came into force, adopting new measures for the importation of electrical and electronic equipment (AEE) from third countries.
Customs has created a specific TARIC measure at the national level, which lists the products that will be affected. This is the ROHS measure – Import control – Safety of electrical and electronic equipment.
ROHS labeling is a mark or seal that indicates that a product complies with the regulations and restrictions established by the ROHS Directive and does not contain hazardous substances in concentrations that may be harmful to health or the environment.
ROHS labeling is an important element in ensuring the sustainability and safety of electronic products and household appliances sold in the European Union and is a valuable tool for consumers who they look for safer and more sustainable products.Who certifies ROHS?
The new RD establishes a control prior to the importation of the aforementioned products, -electrical and electronic equipment, batteries and accumulators from third countries-, to ensure that they comply with the regulations and do not do not entail any risk to consumer safety, the environment or other public interests and must be carried out by SOIVRE.
What is SOIVRE?
The SOIVRE certificate is a document, issued by the Official Customs Inspection, Surveillance and Regulation Service (SOIVRE), which guarantees the foreign buyer that the merchandise Acquires meet all quality requirements and Spanish regulations and therefore is suitable for export and subsequent sale to the final consumer.
What should the ROHS label bear?
The label must comply with the identification of the producer, that is, the information of the importer or distributor, based in the European Union. The information must be indicated on the product or on the packaging, and the data that must appear is the name and address of the producer. Regardless of the importer's marking, the non-EU origin of the merchandise must be clear.
Whose responsibility is it to comply with the labelling?
The responsibility for correct labeling rests with the agents in the product supply chain and their corresponding obligations. If an ROHS marking is placed on the exterior labeling of the product, test reports and declaration (ROHS Directive) must be available to prove its placement. Otherwise, that marking cannot appear at any time on the packaging or on the product.
How is the management carried out to verify the correct ROHS labelling?
The AEAT has made two systems available to operators for telematic management.
Through forms authorized by the AEAT, whose objective is to send the information to the PUE, -Single Point of Entry-, and is accessed from the Electronic Office of the Tax Agency. Through these systems, two types of control are managed;
The ROHS control and WEEE control, with independent results, so that the conformity of the product to the market can only be carried out if the approval has been obtained from both controls. To issue the certificate, a customs pre-declaration (PDI, PDC) or for a customs declaration (DUA, DVD) may be made.
On the other hand, a new telematic management model has been made available to companies within the Customs Single Window, called PUE, Single Point of Entry. It will require a computer development by the company or service providers, to launch computer applications that allow interested parties to interact with these web services. The Ministry of Commerce and the AEAT recommend the maximum integration with the system to avoid errors in the declarations and ensure the expediting of the procedures.
In conclusion, the PUE ROHS is the one-stop shop that allows communication between the operator, AEAT and the SOIVRE Inspection Service (ESTACICE ROSH computer application). The PUE offers the possibility of full integration, both input and output information, to facilitate workflows and avoid errors.