The Restriction of the Use of Certain Hazardous Substances in Electrical and Electronic Equipment Regulations 2005

Interpretation

2.  In these Regulations—

“electrical and electronic equipment” means equipment which is dependent on electric currents or electromagnetic fields in order to work properly and equipment for the generation, transfer and measurement of such currents and fields falling under categories set out in Annex 1A to Directive 2002/96/EC on waste electrical and electronic equipment(1) and designed for use with a voltage rating not exceeding 1,000 volts for alternating current and 1,500 volts for direct current;

“enforcement authority” shall be construed in accordance with regulation 10;

“hazardous substance” means lead, mercury, cadmium, hexavalent chromium, polybrominated biphenyls or polybrominated diphenyl ethers in quantities exceeding the maximum concentration value levels set out below—

• 0.1% by weight in homogenous materials for lead;

• 0.1% by weight in homogenous materials for hexavalent chromium;

• 0.1% by weight in homogenous materials for mercury;

• 0.1% by weight in homogenous materials for polybrominated biphenyls:

• 0.1% by weight in homogenous materials for polybrominated diphenyl ethers; and

• 0.01% by weight in homogenous materials for cadmium; and

“producer” means any person who, irrespective of the selling technique used, including by means of distance communication according to Directive 97/7/EC(2) on the protection of consumers in respect of distance contracts:

(i)

manufactures and sells electrical and electronic equipment under his own brand;

(ii)

resells under his own brand equipment produced by other suppliers, but for these purposes a reseller shall not be regarded as the producer if the brand of the producer appears on the equipment, as provided for in (i); or

(iii)

imports or exports electrical and electronic equipment on a professional basis into a member State, Norway, Iceland or Liechtenstein(3).

(1)

OJ No. L37, 13.2.2003, p. 24.

(2)

OJ No. L144, 4.6.1997, p 19 as amended by Directive 2002/65/EC (OJ No. L271, 9.10.2002, p 16).

(3)

The application of Directive 2002/95/EC of the European Parliament and of the Council on the Restriction of the Use of Hazardous Substances in Electrical and Electronic Equipment (OJ No. L37, 13.2.2003 p.19) as amended by Commission Decision 2005/618/EC establishing the maximum concentration values for certain hazardous substances in electrical and electronic equipment (OJ No. L214, 19.8.05, p. 65) was extended to the European Economic Area from 8th November 2003 by virtue of Decision 147/2003 of the EEA Joint Committee.