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

[F1 Further use of the UK marking E+W+S

34B.— (1) In this regulation—

(a) any reference to an Article is a reference to an Article of the Directive;

(b) “harmonised standard” has the meaning given to it in Article 3(13).

(2) Paragraph (3) applies where, before placing EEE on the market, the manufacturer—

(a) ensures the EEE has been designed and manufactured in accordance with the requirements set out in Articles 4 and 7; and

(b) ensures that the conformity assessment procedure that applies to the EEE in accordance with Article 7(b) has been carried out.

(3) Where this paragraph applies—

(a) the requirements of regulation 12(1) are treated as being satisfied in respect of that EEE;

(b) regulations 15 and 17(2) and paragraphs 25 and 26 of Schedule 1 and paragraph 6 of Schedule 1A apply to that EEE subject to the modifications in paragraph (6).

(4) Paragraph (5) applies where, before placing EEE on the market, the importer ensures that—

(a) the conformity assessment procedure that applies to that EEE in accordance with Article 7(b) has been carried out;

(b) the manufacturer has drawn up the technical documentation referred to in Article 7(b).

(5) Where this paragraph applies—

(a) the requirements of regulation 23(b)(i) are treated as being satisfied in respect of that EEE;

(b) regulation 27(1)(b) applies to that EEE subject to the modifications in paragraph (6).

(6) The modifications referred to in paragraphs (3)(b) and (5)(b) are that—

(a) any reference to “designated standard” is to be read as a reference to a harmonised standard;

(b) any reference to “technical documentation” is to be read as a reference to the technical documentation referred to in Article 7(b).

(7) Nothing in this regulation is to be taken to affect the prohibition in regulation 3(1) on placing, or making available, EEE on the market containing the substances listed in Schedule A1, subject to any exemptions as listed in Table 1 or Table 2 of Schedule A2.

(8) Where an exemption continues to apply by virtue of regulations 6(4), 7(3) or (4) or 10(4) of the Hazardous Substances and Packaging (Legislative Functions and Amendment) (EU Exit) Regulations 2020, Table 1 and Table 2 of Schedule A2 are to be read in accordance with those Regulations.]

Textual Amendments

F1 Reg. 34B substituted (E.W.S.) (1.10.2024) by The Product Safety and Metrology etc. (Amendment) Regulations 2024 (S.I. 2024/696), regs. 1(2), 8(4) (with reg. 23)