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

1. Introductory Text

2. PART 1 Preliminary

   1. 1. Citation and commencement

   2. 2. Interpretation

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

   4. 4. Definition of EEE

   5. 5. EEE to which these Regulations apply

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

   7. 7. Revocation and transitional arrangements

   8. 8. Existing legislation

   9. 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. EU declaration of conformity and CE marking

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

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

      7. 16. EEE to bear CE 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 CE marking

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

7. 1. 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...

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

   2. 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

   3. 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