These Regulations are made in exercise of the powers conferred by section 8(1) of the European Union (Withdrawal) Act 2018 (c. 16) (“the 2018 Act”) in order to address a failure of retained EU law to operate effectively and a deficiency (in particular under section 8(2)(ea) of the 2018 Act) arising from the withdrawal of the United Kingdom from the European Union.

Regulation 2 corrects an error in Schedule A1 to the Restriction of the Use of Certain Hazardous Substances in Electrical and Electronic Equipment Regulations 2012 (S.I. 2012/3032). Schedule A1 was inserted by the Hazardous Substances and Packaging (Legislative Functions and Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1647). It contains a list of substances which are restricted in electrical and electronic equipment (“EEE”), together with maximum concentration values by weight of those substances in homogeneous materials which may be contained in EEE placed on the market. These maintain the restrictions and maximum concentration values set out in an EU Directive which applied before IP completion day. Regulation 2 corrects an error in the maximum concentration value specified for cadmium.

An impact assessment has not been produced for this instrument as no, or no significant, impact on the private, voluntary or public sector is foreseen.