Brazil's RoHS Regulation Released: 10 Hazardous Substances in Electrical and Electronic Products to Be Restricted

On July 10, 2026, the Brazilian National Council for the Environment (CONAMA) issued Resolution No. 516, imposing restrictions on specific hazardous substances in electrical and electronic equipment sold on the Brazilian market. Modeled after the EU RoHS Directive, the resolution establishes maximum concentration limits for 10 categories of hazardous substances in homogeneous materials within electrical and electronic equipment, as well as their cables and spare parts. It took effect on the date of publication.

I. Scope of Application

Products not covered: defense/military equipment, aerospace equipment and their ground support systems, large-scale stationary industrial equipment and installations, passenger and cargo vehicles (except self-propelled personal mobility devices), professional non-road mobile machinery, implantable electronic medical devices, fixed-installed solar photovoltaic modules, batteries, and equipment intended exclusively for R&D purposes.

II. Restricted Substances and Limits

Note: Products designed and manufactured before the transition period takes effect, as well as their repair spare parts, are not subject to retroactive application. Mercury limits must also be compared with those under Law No. 9,470/2018, with the stricter standard prevailing.

III. Temporary Exemption Mechanism

An exemption for specific uses may be applied for if any of the following conditions is met:

• Technically irreplaceable;
• No reliable alternative available;
• Substitution would result in greater environmental/health impact.

Exemptions are approved and published by the Ministry of Environment and Climate Change (MMA). Renewal applications must be submitted 18 months before expiration; the exemption remains valid during the review period. If an exemption is denied or revoked, a 12–18 month grace period applies. The MMA must publish the first exemption list and application procedures within 180 days after the resolution is published.

IV. National Registration and Self-Declaration

• A National Registration System for Restricted Hazardous Substances in Electrical and Electronic Equipment will be established. Mandatory pre-registration is required before production or import. Registration is conducted on a per-model or product-family basis, and a compliance self-declaration will be generated. Declarants bear administrative and criminal liability for the accuracy of the declaration.
• The declaration must be provided with the product packaging (or via QR code or other redirection methods) and made publicly available online. If it cannot be marked on the packaging, it must be provided upon request within 5 business days.
• Enterprises have one year from the system's launch to complete registration.

V. Obligations of Supply Chain Parties

• Manufacturers/Importers: Ensure product compliance, complete registration, issue declarations, maintain technical documentation in Portuguese (retained for 5 years after product withdrawal from the market), and establish traceability records (retained for 5 years).
• Distributors/Retailers: Must obtain a compliance declaration from the supplier before selling.
• Private-label sellers or unauthorized modifiers affecting compliance are deemed manufacturers and bear full obligations.
• Upon discovering non-compliance, the following steps must be taken immediately: report to the environmental authority → notify cessation of sales → rectify → recall. Recall announcement costs are borne by the enterprise. Products that cannot be repaired must be disposed of in an environmentally sound manner in accordance with Law No. 12,305/2010 (National Solid Waste Policy).

VI. Marking Requirements

• The product body must bear a durable label in Portuguese indicating the model/serial number, trademark, contact address in Brazil, and manufacturer or importer information.
• Products subject to reverse logistics must bear the crossed-out wheeled bin symbol (prohibiting disposal as general waste; see attached illustration).
• If technical constraints prevent marking on the product body, marking may be placed on the packaging, accompanying documents, or via electronic redirection.

VII. Supervision and Penalties

Federal environmental enforcement agencies may sample products, order testing (to be conducted at laboratories accredited under ILAC/IAAC mutual recognition arrangements), and seize products. Violators bear all costs for testing, storage, and destruction, and are subject to penalties under existing laws.

• The restricted substances list must be reviewed at least every 5 years.
• Federal public institutions may require products to meet the limits in advance for procurement purposes, without waiting for the transition period to expire.

VIII. Transitional Arrangements

• Technical documentation and product marking obligations apply from the date the declaration is issued; the wheeled bin symbol applies within 2 years from the date the declaration is issued.
• The MMA must publish the exemption list, exemption procedure rules, and technical documentation requirements within 180 days.

Impact on Enterprises

The resolution's compliance requirements cover registration, declarations, marking, documentation retention, and other aspects, with clear assignment of responsibility to importers—private-label importers will be deemed manufacturers and bear full obligations. Exporting enterprises are advised to conduct supply chain screening against the restricted substances list as early as possible, plan reasonably for the 3- to 4-year transition window, and prepare technical documentation in Portuguese in advance to avoid export disruptions due to compliance issues.

Further information

Gov.