On August 8, 2025, Brazil’s National Environment Council (CONAMA) initiated a public consultation on a draft regulation similar to the EU RoHS, proposing restrictions on the use of 10 hazardous substances in electrical and electronic equipment sold in Brazil. The restricted substances include lead, mercury, cadmium, hexavalent chromium, polybrominated biphenyls (PBB), polybrominated diphenyl ethers (PBDE), and four phthalates. The maximum allowable concentration is generally set at 0.1% (0.01% for cadmium), aiming to reduce the environmental and health impacts of electronic waste.
Key Points
1. Scope of Application
Applies to all electrical and electronic equipment sold in Brazil, including household appliances, information technology equipment, lighting devices, and medical devices. Exemptions include equipment for national defense, aerospace applications, large-scale industrial equipment, vehicles, photovoltaic modules, and R&D equipment.
2. Restricted Substances and Limits
The draft largely aligns with EU RoHS 2.0, setting limits for the following substances based on "homogeneous materials":
Lead (Pb), mercury (Hg), hexavalent chromium (Cr-VI), polybrominated biphenyls (PBB), polybrominated diphenyl ethers (PBDE), and four phthalates (DEHP, BBP, DBP, DIBP): 0.1%;
Cadmium (Cd): 0.01%.
3. Compliance Deadlines
Brominated flame retardants: Effective immediately upon enactment;
Mercury: 180 days after enactment;
Cadmium, hexavalent chromium, lead: 3 years after enactment;
Four phthalates: 4 years after enactment.
4. Exemptions
Temporary exemptions may be applied for under specific conditions, such as technical infeasibility of substitution or unreliable alternatives. Applications must be submitted by manufacturers or importers and approved by the Ministry of Environment and Climate Change.
5. Registration and Self-Declaration
A national registration system for restricted hazardous substances in electrical and electronic equipment will be established. Manufacturers and importers must register and submit a self-declaration certifying product compliance. Registration information must include product identification, manufacturer details, and a compliance declaration, which should accompany the product.
6. Responsibilities and Obligations
Manufacturers, importers, distributors, and retailers must ensure product compliance and maintain relevant records for 5 years after production ceases. If products are found non-compliant, relevant authorities must be notified immediately, and measures such as sales suspension or product recalls must be taken.
7. Labeling and Information
Products must be clearly labeled with model numbers, manufacturer information, and eco-recycling symbols to facilitate consumer identification and proper disposal of waste products.
The public can submit comments in Portuguese or English via conama@mma.gov.br by September 24, 2025.
