PART 3Amendment of subordinate legislation: Great Britain

The Restriction of the Use of Certain Hazardous Substances in Electrical and Electronic Equipment Regulations 201212

1

The Restriction of the Use of Certain Hazardous Substances in Electrical and Electronic Equipment Regulations 2012 are amended as follows.

2

In regulation 2—

a

in the definition of “the Directive”, for “Commission Delegated Directive (EU) 2019/178” substitute “Commission Delegated Directive (EU) 2019/1846”7, and read in accordance with regulation 2B”;

b

for the definition of “importer”, substitute—

  • “importer” means a person who is established in—

    1. a

      the United Kingdom, who places on the market EEE from a country outside of the United Kingdom; or

    2. b

      Northern Ireland, who places on the market EEE that has been supplied to that person for distribution, consumption or use in the course of a commercial activity, whether in return for payment or free of charge, from an EEA state;

c

in the definitions of “make available on the market” and “place on the market”, for “on the EU market” substitute “on the market of Great Britain”;

3

In regulation 3—

a

in paragraph (1), for “Annex II to the Directive, as amended from time to time” substitute “Schedule A1”;

b

in paragraph (2), for “that Annex, as so amended” substitute “Schedule A1”;

c

in paragraph (4), for “Annex III and IV to the Directive, as amended from time to time” substitute “Schedule A2”.

4

In regulation 14, in paragraph (5), omit “in the United Kingdom”.

5

In regulation 16, for paragraph (2) substitute—

2

The UK marking must be affixed to—

a

the EEE;

b

a data plate affixed to the EEE; or

c

where paragraph (2A) applies—

i

a label affixed to the EEE; or

ii

a document accompanying the EEE.

2A

This paragraph applies to EEE that is placed on the market within a period of 24 months beginning with IP completion day.

6

In regulation 24, for paragraph (2) substitute—

2

Paragraph (1) does not apply where—

a

either—

i

it is not possible to set out the information referred to in paragraph (1) on the EEE; or

ii

the importer has imported the EEE from the EU and places it on the market within the period of 24 months beginning with IP completion day; and

b

before placing the EEE on the market, the importer sets out the information referred to in paragraph (1) on the packaging of the EEE or in a document accompanying the EEE.

7

After regulation 34A8, insert—

Expiry of regulation 34A34B

1

Subject to paragraphs (2) and (3), regulation 34A ceases to have effect at the end of the period of 12 months beginning with IP completion day.

2

Notwithstanding the expiry of regulation 34A—

a

any EEE which was placed on the market pursuant to regulation 34A may continue to be made available on the market on or after the expiry of regulation 34A;

b

any obligation to which a person was subject in respect of EEE placed on the market pursuant to regulation 34A continues to have effect after the expiry of regulation 34A, in respect of that EEE.

3

Regulation 34A continues to apply to EEE that—

a

was available on the market in the EU prior to IP completion day; and

b

is placed on the market on or after IP completion day.

4

Where EEE is placed on the market pursuant to paragraph (3), regulation 24(1) does not apply where—

a

the importer has imported the EEE from the EU; and

b

before placing the product on the market, the importer sets out the information referred to in regulation 24(1) in a document accompanying the EEE.

Qualifying Northern Ireland goods34C

1

Where paragraph (2) applies, EEE is to be treated as being in conformity with these Regulations.

2

This paragraph applies where—

a

the goods which are EEE—

i

are in conformity with these Regulations as they apply in Northern Ireland; and

ii

are qualifying Northern Ireland goods; and

b

an importer has complied with the obligations set out in paragraph (3).

3

The obligations referred to in paragraph (2)(b) are that, before placing the EEE on the market, the importer—

a

complies with regulation 21; and

b

ensures that the manufacturer has done all of the following in relation to the EEE, in accordance with these Regulations as they apply in Northern Ireland—

i

carried out the conformity assessment procedure in accordance with regulation 12(1);

ii

drawn up the technical documentation; and

iii

affixed the CE marking.

4

For the purposes of this regulation—

a

“in conformity with these Regulations” means, in relation to EEE, that—

i

the EEE is not prohibited by regulation 3 from being placed on the market; and

ii

each person who has obligations under this Part in respect of the EEE has complied, or is complying, with those obligations;

b

“CE marking” and “technical documentation” have the meanings given in regulation 2 of these Regulations as they apply in Northern Ireland;

c

“qualifying Northern Ireland goods” has the meaning given to it from time to time in regulations made under section 8C(6) of the European Union (Withdrawal) Act 2018.

8

Before Schedule 1, insert Schedules A1 and A2 as set out in Schedule 2 to these Regulations.