The Restriction of the Use of Certain Hazardous Substances in Electrical and Electronic Equipment Regulations 2005

Explanatory Note

(This note is not part of the Regulations)

These Regulations implement the European Parliament and Council Directive 2002/95/EC (OJ No L37, 13.3.2003, p.19) on the Restriction of the Use of Certain Hazardous Substances in Electrical and Electronic Equipment (“the Directive”), as amended by Decision 2005/618/EC (OJ No L214, 19.8.05, p.65) establishing maximum concentration values for certain hazardous substances in electrical and electronic equipment.

These Regulations apply to electrical and electronic equipment within the categories set out in Schedule 1 and to electric light bulbs and to luminaires for use in households. They do not apply to :

(a) spare parts for the repair of electrical and electronic equipment or to the reuse of such equipment put on the market before 1st July 2006 (regulation 4 (1));

(b) applications of lead, mercury, cadmium and hexavalent chromium listed in Schedule 2 (regulation 4 (2)); and

(c) use of hazardous substances in electrical and electronic equipment lawfully put on the market before 1st July 2006 (regulation 5).

General requirements relating to the putting on the market on or after 1st July 2006 of electrical and electronic equipment are set out in regulations 7 to 9. New equipment put on the market must not contain more than the permissible maximum concentration values of hazardous substances (regulation 7). Producers must retain technical documentation demonstrating compliance with the requirements of regulation 7 for a period of four years from the date of putting on the market (regulation 9) and must submit such technical documentation to the Secretary of State on request (regulation 8).

The Secretary of State has the duty of enforcing the Regulations (regulation 10) and may appoint a third party to act on his behalf. The enforcement powers of the Secretary of State include a power to serve a compliance notice (regulation 11) and make test purchases (regulation 12).

Any person who contravenes or fails to comply with a requirement of regulation 7, 8 or 9 shall be guilty of an offence (regulation 13). Penalties for such offences are set out in regulation 14. The current maximum fine under level 5 on the standard scale is £5000. Proceedings in relation to offences may be commenced within 12 months of the offence being committed (regulation 15). A defence of due diligence is provided in regulation 16 and the liability of persons other than the principal offender is set out in regulation 17. There is provision for service of documents under the Regulations under regulation 18.

Regulation 19 amends the Enterprise Act 2002 (Part 9 Restrictions on Disclosure of Information) (Specification) Order 2004 (S.I. 2004/693) by including these Regulations amongst the subordinate legislation which has been specified for the purposes of Part 9 of the Enterprise Act 2002, relating to the disclosure of information.

A Regulatory Impact Assessment (RIA) in respect of these Regulations is available and a copy can be obtained from the Department of Trade and Industry. As these Regulations transpose the Directive, a transposition note (TN) setting out how the Government will transpose the Directive into UK law has been prepared. Copies of the RIA and TN are available from SD 8, Technical Innovation and Sustainable Development Directorate, 151 Buckingham Palace Road, London SW1W 9SS. Copies of these documents have been placed in the libraries of both Houses of Parliament.