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