REACH and RoHS for Imported Hardware: What EU Buyers Should Ask Suppliers For

Last updated: 18 September 2026.

Quick answer. REACH and RoHS are EU rules that fall on whoever places goods on the EU market. REACH requires information on substances of very high concern above 0.1% by weight in an article; RoHS restricts ten substances in electrical and electronic equipment above set concentrations in each homogeneous material. Ask suppliers for declarations, not assurances.

Every threshold, article number and date below is quoted from an official EU source in the list at the end of this page. Compliance obligations depend on your product; confirm the classification and the documentation for your own item before you place an order.

1. Two different rules, and the question that decides your paperwork

Buyers often treat "REACH and RoHS" as one compliance pack. They are two instruments with different logic.

	REACH	RoHS
Instrument	Regulation (EC) No 1907/2006	Directive 2011/65/EU of 8 June 2011
What it does	Requires information about substances of very high concern in articles, and imposes registration, authorisation and restriction duties on chemicals	Restricts the use of certain hazardous substances in electrical and electronic equipment
Trigger for a hardware buyer	A substance of very high concern present in an article above 0.1% weight by weight	Electrical and electronic equipment placed on the market containing one of the ten restricted substances above the Annex II concentration in a homogeneous material
Where the duty lands	On the supplier of the article, and on producers and importers of articles for notification	On the manufacturer, and on the importer before the goods are placed on the market

REACH has been in force since 1 June 2007. The European Commission notes that the REACH Regulation entered into force in 2007 and has evolved since. RoHS, in its current form, entered into force on 21 July 2011, with Member States required to transpose its provisions into national law by 2 January 2013.

The practical question that decides your paperwork is therefore not "is my supplier compliant?" but "is a substance of very high concern present in my article above 0.1%, and does my product fall inside RoHS scope?" Everything else follows from those two answers.

2. REACH: the 0.1% threshold and the information duty

This is the provision that most affects a hardware importer, and it is worth reading closely rather than paraphrasing.

Article 33(1) provides that any supplier of an article containing a substance meeting the Article 57 criteria and identified in accordance with Article 59(1) in a concentration above 0.1% weight by weight (w/w) must provide the recipient of the article with sufficient information, available to the supplier, to allow safe use of the article — including, as a minimum, the name of that substance.

Article 33(2) extends the same duty to consumers: on request by a consumer, the supplier must provide the information, and the relevant information must be provided free of charge, within 45 days of receipt of the request. The European Commission describes this as the "consumer right to know" introduced by Article 33, and confirms the 45-day reply obligation on its REACH page.

What this means in a purchase file:

A blanket statement that a supplier "does not use SVHCs" is not the same as the article-level statement REACH asks for. The duty is about what is present in the article, at what concentration.
The threshold is expressed by weight, not by part count or by surface area, and it is per article.
The 45-day clock runs from receipt of the request, and the answer must be free.

3. When a notification to ECHA is triggered

Article 7(2) puts a separate duty on producers and importers of articles. They must notify the European Chemicals Agency if a substance meets the Article 57 criteria and is identified in accordance with Article 59(1), and both of the following conditions are met:

the substance is present in those articles in quantities totalling over one tonne per producer or importer per year; and
the substance is present in those articles above a concentration of 0.1% weight by weight (w/w).

Timing is governed by Article 7(7): from 1 June 2011, paragraphs 2, 3 and 4 apply six months after a substance is identified in accordance with Article 59(1).

Note the direction of this duty. It sits on the producer or importer of the articles — which, for goods coming from China into the EU, normally means your EU entity or your downstream customer, not the Chinese factory. That is one reason the declaration you obtain from the factory matters: you cannot file the notification without knowing what is in the article.

4. SCIP: the database obligation that catches importers

The SCIP database is not a REACH article. Its legal basis sits in the waste legislation: Article 9(1)(i) of the Waste Framework Directive, as replaced by Directive (EU) 2018/851 of 30 May 2018, requires that any supplier of an article as defined in Article 3(33) of Regulation (EC) No 1907/2006 provides the Article 33(1) information to the European Chemicals Agency as from 5 January 2021.

In practice, that means articles containing a substance of very high concern above the 0.1% threshold must be notified into SCIP before they are placed on the EU market — and the information you need for that submission is the same information Article 33(1) requires from your supply chain.

5. The Candidate List: use the current list, not a copy of it

Article 59(1) of REACH establishes the procedure for identifying substances meeting the Article 57 criteria and for establishing a candidate list for eventual inclusion in Annex XIV.

Two disciplines follow for buyers:

Do not work from a downloaded or copied list. The Candidate List is maintained by the European Chemicals Agency, and entries are added over time as substances are identified under Article 59(1). The list you hold is a snapshot; the entry that concerns your product may be newer than it.
Check the list at the point of purchase, and record the date you checked. That date is what makes your due-diligence file credible later.

Note also the timing rule in section 3: the notification clock runs six months after a substance is identified under Article 59(1), so a newly added entry changes your exposure date without any change in your product.

6. RoHS: ten restricted substances, and the concentration that applies

Annex II to Directive 2011/65/EU, as replaced by Commission Delegated Directive (EU) 2015/863 of 31 March 2015, lists ten restricted substances with their maximum concentration values tolerated by weight in homogeneous materials:

Restricted substance	Maximum concentration 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 %
Bis(2-ethylhexyl) phthalate (DEHP)	0.1 %
Butyl benzyl phthalate (BBP)	0.1 %
Dibutyl phthalate (DBP)	0.1 %
Diisobutyl phthalate (DIBP)	0.1 %

The European Commission states on its RoHS page that the Directive currently restricts the use of the same ten substances: lead, cadmium, mercury, hexavalent chromium, PBB and PBDE, DEHP, BBP, DBP and DIBP.

The operative rules sit in Articles 4(1) and 4(2). Article 4(1) requires that EEE placed on the market, including cables and spare parts for its repair, reuse, updating of functionalities or upgrading of capacity, does not contain the substances listed in Annex II. Article 4(2) provides that no more than the maximum concentration value by weight in homogeneous materials as specified in Annex II shall be tolerated.

The phthalate restrictions took effect later than the metals: the Delegated Directive provides that the provisions apply from 22 July 2019, and that the restriction of DEHP, BBP, DBP and DIBP applies to medical devices and to monitoring and control instruments from 22 July 2021.

7. Scope: which products RoHS covers

Article 2(1) provides that the Directive applies to EEE falling within the categories set out in Annex I. The European Commission puts the same point more bluntly: all products with an electrical and electronic component, unless specifically excluded, have to comply with these restrictions.

Two boundaries are worth stating plainly, because they are where sourcing projects mis-step:

The category list is in the Directive, not in this page. Annex I and the exclusions determine whether your product is in scope. Read them against your actual product, not against a similar product.
A purely mechanical component is a scope question, not a formality. If the item you are buying is not itself electrical or electronic equipment, RoHS as such is written for equipment; where an electrical or electronic component is fitted, the product can fall in scope. Because the answer depends on the product and its category, take the determination deliberately and document it, rather than assuming that "it's only a hinge" or "it has a switch, so it's covered".

8. Who carries the obligation

RoHS is explicit about roles, and importers are not passive.

Manufacturer (Article 3(6)): any person who manufactures an EEE, or who has an EEE designed or manufactured and markets it under his name or trademark.
Importer (Article 3(9)): any person established within the Union who places an EEE from a third country on the Union market.
Own-brand rule (Article 11): an importer or distributor who places EEE on the market under his own name or trademark is considered a manufacturer for the purposes of the Directive and is subject to the manufacturer's obligations under Article 7. Private-label sourcing is the common case here.
What the importer must check (Article 9(b)): before placing EEE on the market, that the appropriate conformity assessment procedure has been carried out by the manufacturer, that the manufacturer has drawn up the technical documentation, and that the EEE bears the CE marking.
What the manufacturer must do (Article 7(c)): draw up an EU declaration of conformity and affix the CE marking on the finished product. Under Article 15, the CE marking is affixed visibly, legibly and indelibly to the finished EEE or its data plate, and it must be affixed before the EEE is placed on the market.

On the REACH side the roles are defined in Article 3: the importer is any natural or legal person established within the Community who is responsible for import, and Article 3(12) provides that import is deemed to be placing on the market. A manufacturer outside the Union may, by mutual agreement, appoint a natural or legal person established in the Community to fulfil, as his only representative, the obligations on importers under the relevant Title (Article 8(1)); where that happens, Article 8(3) requires the non-EU manufacturer to inform the importers in the same supply chain, and those importers are then regarded as downstream users.

The consequence for a buyer is direct: whoever is the importer of record owns the exposure. If your Chinese supplier sells to your EU entity, the obligations above are yours, not theirs.

9. What to ask your supplier for

A request list that produces usable documents, rather than reassurance:

A written declaration naming substances, not a generic statement of compliance — because Article 33(1) requires the substance name as a minimum where the 0.1% threshold is exceeded.
Full material declarations for the ten RoHS substances, reported per homogeneous material rather than per finished product, since the Annex II values are applied to homogeneous materials individually.
Test reports that name the laboratory, the method and the date, and that state the homogeneous materials tested. A report that only covers the surface coating does not answer a cadmium question about a plated insert.
A statement of whether an only representative has been appointed under REACH Article 8, and who it is — this changes who fields consumer enquiries in the EU.
The identity of the EU importer of record for each shipment. If that is your own company, budget for the Article 9(b) checks and the declaration of conformity before goods move.
A review date on every declaration. The Candidate List changes; a declaration with no review date tells you nothing about the last entry added to it.

If you are auditing the factory at the same time, our quality control guide covers the inspection side, and our guide to finding and verifying a manufacturer covers how to confirm who you are actually buying from. For the mark itself — what CE, UL and ASTM each do and do not prove — see the certification marks guide; for what the goods cost once they land, see tariffs and landed cost. Custom and machined parts are covered under CNC manufacturing, and the compliance hub lists the rest.

All sources retrieved 2026-09-18. Every threshold, article number and date in this draft has a row below.

Frequently asked questions

At what concentration does REACH require information about a substance of very high concern?

Article 33(1) of Regulation (EC) No 1907/2006 applies where a substance meeting the Article 57 criteria and identified under Article 59(1) is present in an article in a concentration above 0.1% weight by weight. The supplier must then give the recipient enough information to allow safe use, including as a minimum the name of the substance.

How long do we have to answer a consumer question about SVHCs in an article?

Article 33(2) requires the relevant information to be provided free of charge within 45 days of receipt of the request. The European Commission describes this as the consumer right to know introduced by Article 33.

Which substances does RoHS restrict, and at what limits?

Annex II as replaced by Commission Delegated Directive (EU) 2015/863 lists ten substances with maximum concentration values in homogeneous materials: lead, mercury, hexavalent chromium, PBB, PBDE and the four phthalates DEHP, BBP, DBP and DIBP at 0.1%, and cadmium at 0.01%.

What does homogeneous material mean in RoHS testing?

Article 3(20) defines homogeneous material as a material of uniform composition throughout, or a combination of materials that cannot be disjointed or separated by mechanical actions such as unscrewing, cutting, crushing, grinding and abrasive processes. The European Commission states that the maximum concentration values apply to each homogeneous material individually.

Does the Chinese manufacturer or the EU importer carry the obligation?

Under RoHS, the importer placing EEE from a third country on the Union market must check that conformity assessment was carried out, that technical documentation exists and that the CE marking is affixed, while the manufacturer draws up the EU declaration of conformity. Under REACH, importers are responsible for import, and a manufacturer outside the Union may appoint an only representative.

Sources

All sources retrieved 18 September 2026. This page is an independent reading of the sources listed; the official pages themselves are the specification.

Fact used on this page	Source
S1 — REACH Regulation (EC) No 1907/2006, consolidated text: title as Regulation (EC) No 1907/2006 of the European Parliament and of the Council of 18 December 2006 concerning the Registration, Evaluation, Authorisation and Restriction of Chemicals (REACH); "This Regulation shall enter into force on 1 June 2007"; Article 33(1) - any supplier of an article containing a substance meeting the Article 57 criteria and identified in accordance with Article 59(1) in a concentration above 0.1 % weight by weight (w/w) shall provide the recipient with sufficient information, available to the supplier, to allow safe use of the article including, as a minimum, the name of that substance; Article 33(2) - on request by a consumer the supplier shall provide the consumer with sufficient information, and the relevant information shall be provided free of charge within 45 days of receipt of the request; Article 7(2) - producer or importer of articles shall notify the Agency if a substance meets the Article 57 criteria and is identified in accordance with Article 59(1), if both the following conditions are met: the substance is present in those articles in quantities totalling over one tonne per producer or importer per year, and the substance is present in those articles above a concentration of 0.1 % weight by weight (w/w); Article 7(7) - from 1 June 2011 paragraphs 2, 3 and 4 apply six months after a substance is identified in accordance with Article 59(1); Article 59(1) - procedure for identifying substances meeting the criteria in Article 57 and establishing a candidate list for eventual inclusion in Annex XIV; Article 3(9) manufacturer definition; Article 3(11) importer means any natural or legal person established within the Community who is responsible for import; Article 3(12) placing on the market, and import shall be deemed to be placing on the market; Article 8(1) a non-Community manufacturer may by mutual agreement appoint a natural or legal person established in the Community to fulfil, as his only representative, the obligations on importers; Article 8(3) the non-Community manufacturer shall inform the importer(s) within the same supply chain, and those importers shall be regarded as downstream users	EUR-Lex - Regulation (EC) No 1907/2006, consolidated version 22.06.2026 (069.001) https://eur-lex.europa.eu/legal-content/EN/TXT/HTML/?uri=CELEX:02006R1907-20260622
S2 — European Commission REACH page: the REACH Regulation entered into force in 2007 and has since evolved; REACH introduced the "consumer right to know" in Article 33; upon receiving a consumer inquiry about the presence of a substance of very high concern in an article, companies are obliged to reply within 45 days	European Commission (DG Environment) - REACH regulation https://environment.ec.europa.eu/topics/chemicals/reach-regulation_en
S3 — SCIP duty: ensure that any supplier of an article as defined in point 33 of Article 3 of Regulation (EC) No 1907/2006 provides the information pursuant to Article 33(1) of that Regulation to the European Chemicals Agency as from 5 January 2021; the provision sits in Article 9(1)(i) of Directive 2008/98/EC as replaced by Directive (EU) 2018/851 of 30 May 2018	EUR-Lex - Directive (EU) 2018/851 amending Directive 2008/98/EC on waste https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX:32018L0851
S4 — RoHS instrument: Directive 2011/65/EU of the European Parliament and of the Council of 8 June 2011 on the restriction of the use of certain hazardous substances in electrical and electronic equipment	EUR-Lex - Directive 2011/65/EU https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX:32011L0065
S5 — RoHS Directive 2011/65/EU, consolidated text: Article 2(1) - this Directive shall apply to EEE falling within the categories set out in Annex I; Article 3(6) manufacturer definition; Article 3(9) importer means any natural or legal person established within the Union who places an EEE from a third country on the Union market; Article 3(20) homogeneous material means one material of uniform composition throughout, or a material consisting of a combination of materials, that cannot be disjointed or separated into different materials by mechanical actions such as unscrewing, cutting, crushing, grinding and abrasive processes; Article 4(1) - EEE placed on the market, including cables and spare parts for its repair, its reuse, updating of its functionalities or upgrading of its capacity, does not contain the substances listed in Annex II; Article 4(2) - no more than the maximum concentration value by weight in homogeneous materials as specified in Annex II shall be tolerated; Article 7(c) - manufacturers draw up an EU declaration of conformity and affix the CE marking on the finished product; Article 9(b) - importers, before placing an EEE on the market, ensure that the appropriate conformity assessment procedure has been carried out by the manufacturer, that the manufacturer has drawn up the technical documentation and that the EEE bears the CE marking; Article 11 - an importer or distributor is considered a manufacturer and is subject to the obligations of the manufacturer under Article 7 where he places EEE on the market under his name or trademark; Article 15 - the CE marking shall be affixed visibly, legibly and indelibly to the finished EEE or to its data plate, and shall be affixed before the EEE is placed on the market	EUR-Lex - Directive 2011/65/EU, consolidated version 01.01.2025 https://eur-lex.europa.eu/legal-content/EN/TXT/HTML/?uri=CELEX:02011L0065-20250101
S6 — RoHS Annex II and application dates: Commission Delegated Directive (EU) 2015/863 of 31 March 2015 amending Annex II to Directive 2011/65/EU as regards the list of restricted substances; Annex II as replaced lists the restricted substances and maximum concentration values tolerated 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 %), Bis(2-ethylhexyl) phthalate (DEHP) (0,1 %), Butyl benzyl phthalate (BBP) (0,1 %), Dibutyl phthalate (DBP) (0,1 %), Diisobutyl phthalate (DIBP) (0,1 %); they shall apply those provisions from 22 July 2019; the restriction of DEHP, BBP, DBP and DIBP shall apply to medical devices and monitoring and control instruments from 22 July 2021	EUR-Lex - Commission Delegated Directive (EU) 2015/863 https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX:32015L0863
S7 — European Commission RoHS page: it currently restricts the use of ten substances - lead, cadmium, mercury, hexavalent chromium, polybrominated biphenyls (PBB) and polybrominated diphenyl ethers (PBDE), bis(2-ethylhexyl) phthalate (DEHP), butyl benzyl phthalate (BBP), dibutyl phthalate (DBP) and diisobutyl phthalate (DIBP); all products with an electrical and electronic component, unless specifically excluded, have to comply with these restrictions	European Commission (DG Environment) - RoHS Directive https://environment.ec.europa.eu/topics/waste-and-recycling/rohs-directive_en
S8 — European Commission RoHS key guidance (FAQ): all EEE consist of many different homogeneous materials and the maximum concentration values are applied to each of the homogeneous materials individually; Directive 2011/65/EU entered into force on 21 July 2011 and requires Member States to transpose the provisions into their respective national laws by 2 January 2013	European Commission (DG Environment) - FAQ key guidance document on RoHS (PDF) https://environment.ec.europa.eu/document/download/e34bb7d9-50dd-4ae2-91a2-a45cdc1692fd_en?filename=FAQ%20key%20guidance%20document%20-%20RoHS.pdf