News Details

The Brazilian National Environment Council (CONAMA) has proposed new restrictions on the use of certain hazardous substances in electronic equipment sold in the country. The proposed resolution aims to enhance environmental protection and safeguard public health by reducing the risks associated with the use of harmful substances in electronic devices.

The Proposta de Resolução outlines limitations on the presence of hazardous materials like lead, mercury, cadmium, and various phthalates in electronic products, with the goal of promoting better disposal practices and reducing the environmental impact of electronic waste. This is in line with international standards for the management of electronic waste and aligns with Brazil's environmental policies.

Similar to EU RoHS

The proposed resolution is quite similar to the European Union's Restriction of Hazardous Substances (RoHS) Directive. Both frameworks aim to reduce the environmental impact of hazardous substances in electronic and electrical equipment by restricting the use of certain harmful materials.

Like the EU RoHS, the Brazilian proposal requires manufacturers and importers to comply with strict limitations on the content of hazardous substances. Both systems also require self-declarations of compliance, registration of products, and proper documentation. Additionally, both frameworks provide penalties for non-compliance, including fines and product recalls.

Key Provisions of the Proposal

The proposal sets maximum allowable concentrations of certain hazardous substances in electronic equipment. These include a 0.1% limit for substances such as polychlorinated biphenyls (PBB), polybrominated diphenyl ethers (PBDE), and mercury, and even stricter limits for cadmium and lead. The regulation also outlines the conditions under which exemptions may be granted, particularly when no feasible alternative exists or where substitution would result in higher environmental or health risks.

Deadlines for Compliance

Manufacturers, importers, and distributors will be required to ensure that their electronic products meet the new standards within specified deadlines. These deadlines are staggered, with some substances requiring compliance within a year of the resolution’s approval, while others will have up to four years to fully comply. Temporary exemptions may be granted under certain conditions, with the Ministry of Environment and Climate Change providing further guidance on these exceptions.

Registration and Self-Declaration of Compliance

As part of the proposed regulations, all electronic products subject to the substance restrictions must be registered in a new national registry. Manufacturers and importers will also be required to submit a self-declaration of compliance, confirming that their products meet the new environmental standards.

Enforcement and Penalties

The proposed resolution also includes provisions for monitoring and enforcing compliance. Failure to comply with the regulations could result in penalties, including fines and the potential recall of non-compliant products. The Ministry of Environment and Climate Change will oversee the implementation and enforcement of these rules.

The resolution is still in the proposal stage, and public consultations or further revisions may occur before its final adoption. Once approved, it will serve as a significant step in Brazil’s efforts to reduce the environmental impact of electronic waste and to align with global best practices in the management of hazardous substances.