Generally, the way the legislation works is you can do what you like until someone complains. There is no automatic checking that your product meets the declared standards. For example, nobody will check your product meets EMC requirements unless someone complains it interferes. Similarly nobody will check your design for prohibited substances unless someone (like the French) decides to complain. When you add a CE mark to your product you are declaring it meets the ROHS directive. If you attach the CE mark knowing your product does not meet the ROHS directive you have committed an offence and could be prosecuted, fined and even sent to gaol.
Cheers
Ian