The assessment of legislation in other member states is a matter for the European Commission. Owing to the single-market legal basis of the RoHS Directive, the Commission is obliged to take action where any member state's legislation does not fully meet the aims and objectives. In addition, it should be noted that member states cannot go beyond the requirements imposed by a single-market directive.
The DTI has published its own guidance material for these two directives and the development of guidance by the industries affected by legislation is encouraged by the Department. It has to be understood, however, that such guidance is not legally binding and it should not conflict with the overall aims and objectives of the directives. The directives themselves, at a European level, and the regulations, at a UK level, are the only legally binding texts.