Prevention
Article 4
1
Member States shall ensure that EEE placed on the market, including cables and spare parts for its repair, its reuse, updating of its functionalities or upgrading of its capacity, does not contain the substances listed in Annex II.
2
For the purposes of this Directive, no more than the maximum concentration value by weight in homogeneous materials as specified in Annex II shall be tolerated. The Commission shall adopt, by means of delegated acts in accordance with Article 20 and subject to the conditions laid down in Articles 21 and 22, detailed rules for complying with these maximum concentration values taking into account, inter alia, surface coatings.
3
Paragraph 1 shall apply to medical devices and monitoring and control instruments which are placed on the market from
22 July 2014
, to in vitro diagnostic medical devices which are placed on the market from
22 July 2016
, to industrial monitoring and control instruments which are placed on the market from
22 July 2017
, and to all other EEE that was outside the scope of Directive 2002/95/EC and which is placed on the market from
22 July 2019
.
4
Paragraph 1 shall not apply to cables or spare parts for the repair, the reuse, the updating of functionalities or upgrading of capacity of the following:
a
EEE placed on the market before 1 July 2006;
b
medical devices placed on the market before 22 July 2014;
c
in vitro diagnostic medical devices placed on the market before 22 July 2016;
d
monitoring and control instruments placed on the market before 22 July 2014;
e
industrial monitoring and control instruments placed on the market before 22 July 2017;
ea
all other EEE that was outside the scope of Directive 2002/95/EC and which is placed on the market before
22 July 2019
;
f
EEE which benefited from an exemption and which was placed on the market before that exemption expired as far as that specific exemption is concerned.
5
Provided that reuse takes place in auditable closed-loop business-to-business return systems, and that the reuse of spare parts is notified to the consumer, paragraph 1 shall not apply to reused spare parts:
a
recovered from EEE placed on the market before
1 July 2006
and used in EEE placed on the market before
1 July 2016
;
b
recovered from medical devices or monitoring and control instruments placed on the market before
22 July 2014
and used in EEE placed on the market before
22 July 2024
;
c
recovered from in vitro diagnostic medical devices placed on the market before
22 July 2016
and used in EEE placed on the market before
22 July 2026
;
d
recovered from industrial monitoring and control instruments placed on the market before
22 July 2017
and used in EEE placed on the market before
22 July 2027
;
e
recovered from all other EEE that was outside the scope of Directive 2002/95/EC and which is placed on the market before
22 July 2019
, and used in EEE placed on the market before
22 July 2029
.
6
Paragraph 1 shall not apply to the applications listed in Annexes III and IV.
Substituted by Directive (EU) 2017/2102 of the European Parliament and of the Council of 15 November 2017 amending Directive 2011/65/EU on the restriction of the use of certain hazardous substances in electrical and electronic equipment (Text with EEA relevance).
Inserted by Directive (EU) 2017/2102 of the European Parliament and of the Council of 15 November 2017 amending Directive 2011/65/EU on the restriction of the use of certain hazardous substances in electrical and electronic equipment (Text with EEA relevance).