This article aims to clarify key concepts related to ROHS, WEEE (Waste Electrical and Electronic Equipment), and battery (PYA) controls that came into force on January 16, 2023, under Royal Decree 993/2022.
From that date, two new import inspections have been applied:
- ROHS (Restriction of Hazardous Substances)
- WEEE (Waste of Electrical and Electronic Equipment)
The goods affected include electrical and electronic equipment (EEE), batteries, and accumulators. The SOIVRE Inspection Service, in coordination with Customs, is responsible for overseeing imports of goods subject to these new requirements.
EEE
EEEs are devices that require electric current or electromagnetic fields to carry out at least one of their intended functions.
It's important to distinguish between:
- RD 219/2013 (ROHS): Annex I – 11 product categories
- RD 110/2015 (WEEE): Annex II – 7 product categories
Batteries and Accumulators (PYAs)
RD 106/2008: Annex III – all types included
Who is Considered a Producer?
According to Article 3(h) of Royal Decree 110/2015, a producer of EEE is any natural or legal person who, regardless of the sales method:
- Is established in Spain and manufactures EEE under their own name or brand, or designs or manufactures and markets it under their own name or brand in Spanish territory; or
- Is established in Spain and resells under their own name or brand EEE manufactured by third parties; or
- Is established in Spain and professionally introduces into the Spanish market EEE from third countries or another EU Member State; or
- Sells EEE by means of distance communication (e.g., e-commerce) directly to private households or professional users in Spain and is established in another EU Member State or a third country.
Objective of Royal Decree 993/2022
El objetivo del reglamento es controlar e inspeccionar los AEE y PyAs procedentes de terceros países previamente al despacho a libre práctica para verificar lo siguiente
A) That imported EEE complies with ROHS regulations regarding restricted substances.
B)That those responsible for placing EEE, batteries, and accumulators on the EU market have fulfilled their obligations under: The Integrated Industrial Register as set out in RD 110/2015 (WEEE), and RD 106/2008 (batteries and accumulators).
Categories and Subcategories of EEE
Categories subject to the Royal Decree (as of August 14, 2018) include:
- Large Household Appliances
- Refrigerators, freezers, and other cooling equipment
- Air conditioning units
- Oil-filled radiators and thermal emitters
- Other large household appliances
- Small Household Appliances
- IT and Telecommunications Equipment (excluding category 4.1)
- Consumer Electronics and Photovoltaic Panels
- Televisions, monitors, and displays
- Silicon photovoltaic panels
- Cadmium telluride photovoltaic panels
- Other consumer electronics
- Lighting Equipment (excluding household luminaires)
- Gas discharge lamps
- LED lamps
- Professional luminaires
- Other lighting equipment
- Electrical and Electronic Tools (excluding large-scale stationary industrial tools)
- Toys, Sports and Leisure Equipment
- Medical Devices (excluding all implanted and infectious devices)
- Monitoring and Control Instruments
- Vending Machines
- Vending machines containing refrigerant gases
- Other vending machines
- Temperature Exchange Equipment
- Refrigerators, freezers, appliances that automatically dispense chilled products, air conditioners, dehumidifiers, heat pumps, oil radiators, and other temperature exchange devices using fluids other than water
- Monitors, Screens, and Devices with Display Surface Larger Than 100 cm²
- Screens, televisions, LCD digital photo frames, monitors, laptops including notebook-type devices
- Lamps
- Straight fluorescent lamps, compact fluorescent lamps, general fluorescent lampsHigh-intensity discharge lamps, including high-pressure sodium and metal halide lamps Low-pressure sodium lamps and LED lamps
- Large Equipment (with any external dimension over 50 cm)
- Washing machines, dryers, dishwashers, cookers, electric ovens, hot plates, etc.
- Small Equipment (with no external dimension over 50 cm)
- Vacuum cleaners, carpet cleaners, sewing machines, etc.
- Small IT and Telecommunications Devices (with no external dimension over 50 cm)
- Mobile phones, GPS devices, pocket calculators, personal computers, printers, telephones, routers
- Large Photovoltaic Panels (with any external dimension over 50 cm)
EEE Exemptions
Certain equipment is exempt from these regulations, including:
- Devices essential to national security (weapons, ammunition, military use)
- Equipment designed and installed as part of excluded devices
- Filament bulbs
- Equipment designed to be sent into space
- Large-scale industrial tools
- Fixed installations, except non-integrated equipment
- Transport vehicles (excluding non-homologated electric two-wheelers)
- Non-road mobile machinery for professional use
- Devices intended solely for R&D purposes
- Infectious or implantable medical devices
WEEE and Battery Control (RD 110/2015 & RD 106/2008)
These controls apply before the release for free circulation of goods from third countries. Their purpose is to ensure:
- That imports of electrical/electronic equipment, batteries, and accumulators comply with regulations restricting the use of hazardous substances in their manufacture.
- That entities introducing these products into the EU market are registered in the Integrated Industrial Register (RII) and comply with their environmental waste management obligations.
To Pass Inspection, the Manufacturer Must:
- Be registered in the Integrated Industrial Register (RII).
- Provide technical documentation, including:
- A Declaration of Conformity, and
- A final product test report or third-party production certifications.
