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

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This is the original version (as it was originally made).

Offences

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37.—(1) It is an offence for a manufacturer to contravene or fail to comply with any of the requirements of—

(a)regulation 10 (prohibitions on placing EEE on the market);

(b)regulation 15 (duty to keep technical documentation and EU declaration of conformity);

(c)regulation 19 (register of EEE);

(d)regulation 20 (non-compliant EEE); or

(e)regulation 21 (co-operation with the authorities).

(2) It is an offence for an importer to contravene or fail to comply with any of the requirements of—

(a)regulation 23 (prohibition on placing EEE on the market);

(b)regulation 25 (monitoring of EEE);

(c)regulation 26 (non-compliant EEE); or

(d)regulation 27 (retention of documents and co-operation with authorities).

(3) It is an offence for a distributor to contravene or fail to comply with any of the requirements of—

(a)regulation 29 (duty to act with due care and prohibition on making EEE available on the market);

(b)regulation 30 (non-compliant EEE); or

(c)regulation 31 (co-operation with authorities).

(4) It is an offence for an economic operator to contravene or fail to comply with regulation 33(2) (identification of economic operators to the market surveillance authority).

(5) It is an offence for any person to contravene or fail to comply with any of the requirements of regulation 34 (protection of CE marking).

(6) In any proceedings for an offence under paragraph (1)(a) in respect of a failure to affix the CE marking in accordance with regulation 16 (EEE to bear CE marking), where the accused seeks to rely on regulation 16(3), it is for the accused to show that it was not possible, or (as the case may be) not warranted, for the CE marking to be affixed in accordance with regulation 16(2).

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