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The Restriction of the Use of Certain Hazardous Substances in Electrical and Electronic Equipment Regulations 2012

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  • reg. 2 word omitted by S.I. 2019/188 reg. 18(2)(f) (This amendment not applied to legislation.gov.uk. S.I. 2019/188, reg. 18(2)(f) omitted immediately before IP completion day by virtue of S.I. 2020/1647, regs. 1(2), 16(2))
  • reg. 2 word substituted by S.I. 2019/188 reg. 18(2)(e) (This amendment not applied to legislation.gov.uk. S.I. 2019/188, reg. 18(2)(e) omitted immediately before IP completion day by virtue of S.I. 2020/1647, regs. 1(2), 16(2))
  • reg. 2 words inserted by S.I. 2019/188 reg. 18(2)(c) (This amendment not applied to legislation.gov.uk. S.I. 2019/188, reg. 18(2)(c) omitted immediately before IP completion day by virtue of S.I. 2020/1647, regs. 1(2), 16(2))
  • reg. 2 words inserted by S.I. 2024/221 reg. 23(2)
  • reg. 2 words substituted by S.I. 2024/221 reg. 23(3)

  1. Introductory Text

  2. PART 1 Preliminary

    1. 1.Citation and commencement

    2. 2.Interpretation

    3. 2A.Interpretation: designated standard

    4. 2B.Modifications to the Directive

    5. 3.Restriction on the use of certain hazardous substances in EEE

    6. 4.Definition of EEE

    7. 5.EEE to which these Regulations apply

    8. 6.Exclusion until 22nd July 2019 for EEE outside the scope of the 2008 Regulations

    9. 7.Revocation and transitional arrangements

    10. 8.Existing legislation

    11. 9.Presumption of conformity for EEE

  3. PART 2 Prohibitions and Obligations on Economic Operators

    1. Manufacturers and their authorised representatives

      1. 10.Prohibitions on placing EEE on the market

      2. 11.Design and manufacture of EEE

      3. 12.Conformity assessment procedure and drawing up of technical documentation

      4. 13.... Declaration of conformity and UK marking

      5. 14.(1) The ... declaration of conformity must state that it...

      6. 15.Duty to keep technical documentation and EU declaration of conformity

      7. 16.EEE to bear UK marking

      8. 17.Compliance procedures for series production

      9. 18.Information identifying EEE and manufacturer

      10. 19.Register of EEE

      11. 20.Non-compliant EEE

      12. 21.Co-operation with the authorities

      13. 22.Manufacturers’ authorised representatives

    2. Importers

      1. 23.Prohibition on placing EEE on the market

      2. 24.Information identifying importers

      3. 25.Monitoring of EEE

      4. 26.Non-compliant EEE

      5. 27.Retention of documentation and co-operation with the authorities

      6. 28.Duty in certain circumstances to comply with manufacturers’ duties in place of importers’ duties

    3. Distributors

      1. 29.Duty to act with due care and prohibition on making EEE available on the market

      2. 30.Non-compliant EEE

      3. 31.Co-operation with the authorities

      4. 32.Duty in certain circumstances to comply with manufacturers’ duties in place of distributors’ duties

    4. All economic operators

      1. 33.Identification of economic operators to the market surveillance authority

      2. 34.Protection of UK marking

      3. 34A.Obligations which are met by complying with obligations in the Directive

      4. 34B.Expiry of regulation 34A

      5. 34C.Qualifying Northern Ireland goods

  4. PART 3 Enforcement

    1. 35.Market surveillance authority

    2. 36.Market surveillance powers

    3. 37.Offences

    4. 38.Obstruction, etc.

    5. 39.Penalties

    6. 40.Remediation orders

    7. 41.Recovery of expenses of enforcement

    8. 42.Time limit for prosecution of offences

    9. 43.Defence of due diligence

    10. 44.Liability of persons other than the principal offender

    11. 45.Service of documents

  5. PART 4 Miscellaneous

    1. 46.Review

    2. 47.Consequential amendments

  6. Signature

    1. SCHEDULE A1

      Restricted substances referred to in regulation 3 and maximum concentration values tolerated by weight in homogeneous materials

    2. SCHEDULE A2

      Applications exempted from the restriction in regulation 3(1)

      1. 1.The tables of exempted applications

      2. 2.Interpretation of the tables

      3. 3.In Table 1, in the column headed “corresponding EU exemption”,...

      4. 4.In Tables 1 and 2, in the column headed “categories...

      5. 5.In Table 1, in the column headed “expiry date or...

      6. 6.For the purposes of entries 1 to 9 in Table...

      7. 7.In paragraph 5, “the 2020 Regulations” means the Hazardous Substances...

    3. SCHEDULE 1

      1. PART 1 Categories of EEE to which these Regulations apply

        1. 1.Large household appliances.

        2. 2.Small household appliances.

        3. 3.IT and telecommunications equipment.

        4. 4.Consumer equipment.

        5. 5.Lighting equipment.

        6. 6.Electrical and electronic tools.

        7. 7.Toys, leisure and sports equipment.

        8. 8.Medical devices.

        9. 9.Monitoring and control instruments including industrial monitoring and control instruments....

        10. 10.Automatic dispensers.

        11. 11.Other EEE not covered by any of the categories above....

      2. PART 2 EEE to which these Regulations do not apply

        1. 12.Equipment which is necessary for the protection of the essential...

        2. 13.Equipment designed to be sent into space.

        3. 14.Equipment which is specifically designed, and is to be installed,...

        4. 15.Large-scale stationary industrial tools being a large-scale assembly of machines,...

        5. 16.Large-scale fixed installations being a large-scale combination of several types...

        6. 17.Means of transport for persons or goods, excluding electric two-wheel...

        7. 18.Non-road mobile machinery made available exclusively for professional use, being...

        8. 19.Active implantable medical devices.

        9. 20.Photovoltaic panels intended to be used in a system that...

        10. 21.Equipment specifically designed solely for the purposes of research and...

        11. 21A.Pipe organs.

      3. PART 3 Categories of EEE with special rules of application

        1. 22.Regulations 3(1), 10, 15, 19, 20, 21, 22, 23, 25,...

        2. 23.(1) Regulations 3(1), 10, 15, 19, 20, 21, 22, 23,...

        3. 24.Provided that reuse takes place in auditable closed-loop business-to-business return...

      4. PART 4 Internal Production Control Procedure

        1. 25.The internal production control procedure is a conformity assessment procedure...

        2. 26.The technical documentation must— (a) make it possible to assess...

    4. SCHEDULE 1A

      Declaration of conformity

      1. 1.Declaration of conformity (unique identification of the EEE):

      2. 2.Name and address of the manufacturer or, where applicable, authorised...

      3. 3.This declaration of conformity is issued under the sole responsibility...

      4. 4.Object of the declaration (identification of EEE allowing traceability: it...

      5. 5.The object of the declaration described above is in conformity...

      6. 6.Where applicable, references to the relevant designated standards used or...

      7. 7.Additional information: Signed for and on behalf of: place and...

    5. SCHEDULE 2

      Test purchases, powers of entry etc and warrants

      1. 1.Test purchases

      2. 2.Power to enter premises

      3. 3.Power to inspect, seize and detain EEE etc

      4. 4.Warrants

    6. SCHEDULE 3

      Compliance, enforcement and recall notices

      1. 1.Compliance notice

      2. 2.Enforcement notice

      3. 3.Supplementary provisions in relation to compliance and enforcement notices

      4. 4.Recall notices

      5. 5.Action by the market surveillance authority

      6. 6.Compensation provisions relating to compliance, enforcement and recall notices

      7. 7.Appeals against compliance, enforcement and recall notices

      8. 8.Appropriate court for appeals against notices etc and further appeals

      9. 9.Offences and penalties

  8. Explanatory Note

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