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

[F1 Obligations which are met by complying with obligations in the Directive E+W+S

34A.— (1) This regulation makes provision for obligations on manufacturers, importers and distributors in these Regulations for placing, or making available, EEE on the market to be met by complying with obligations in the Directive for placing, or making available, EEE on the market.

(2) In this regulation—

(a) any reference to an Article or an Annex is a reference to an Article or an Annex of the Directive;

(b) “CE marking” has the meaning given to it in Article 3(15);

(c) “harmonised standard” has the meaning given to it in Article 3(13).

(3) Paragraph (4) applies where, before placing EEE on the market, the manufacturer—

(a) ensures the EEE has been designed and manufactured in accordance with the requirements set out in Articles 4 and 7;

(b) ensures that the conformity assessment procedure that applies to the EEE in accordance with Article 7(b) has been carried out;

(c) affixes a CE marking, in accordance with Article 7(c), 15(1) and (2);

(d) draws up an EU declaration of conformity, in accordance with Article 13; and

(e) ensures that the EU declaration of conformity is prepared in or translated into English.

(4) Where this paragraph applies—

(a) the requirements of regulations 12(1), 13 and 14(1), (2), (5) and (6) are satisfied in respect of that EEE;

(b) regulations 12(1), 13, 14(1), (2), (5) and (6) apply to that EEE subject to the modifications in paragraph (9).

(5) Paragraph (6) applies where, before placing EEE on the market, the importer ensures that—

(a) the conformity assessment procedure that applies to that EEE in accordance with Article 7(b) has been carried out;

(b) the manufacturer has drawn up the technical documentation referred to in Article 7(b); and

(c) the EEE bears the CE marking and inscriptions referred to in Article 13.

(6) Where this paragraph applies—

(a) the requirements of regulation 23(b) are satisfied in respect of that EEE;

(b) regulation 23(b) applies to that EEE subject to the modifications in paragraph (9).

(7) Paragraph (8) applies where, before making EEE available on the market, a distributor ensures that the EEE bears the CE marking and inscriptions referred to Article 13.

(8) Where this paragraph applies—

(a) the requirements of regulation 29(1)(a) are satisfied in respect of that EEE;

(b) regulation 29(1)(a) applies to that EEE subject to the modifications in paragraph (9).

(9) The modifications referred to in paragraphs (4)(b), (6)(b) and (8)(b) are that—

(a) any reference to “declaration of conformity” is to be read as a reference to the EU declaration of conformity;

(b) any reference to “UK marking” is to be read as a reference to the CE marking;

(c) any reference to “designated standard” is to be read as a reference to a harmonised standard;

(d) any reference to an “internal control procedure” is to be read as a reference to Module A of Annex 2 to Decision 768/2008/EC of the European Parliament and of the Council on a common framework for the marketing of products as it has effect in EU law, as amended from time to time;

(e) any reference to “technical documentation” is a reference to the technical documentation referred to in Article 7(b).]

Textual Amendments

F1 Reg. 34A inserted (E.W.S.) (31.12.2020) by The Waste (Miscellaneous Amendments) (EU Exit) (No. 2) Regulations 2019 (S.I. 2019/188), regs. 1(2)(b), 18(23) (as amended by S.I. 2020/1540, regs. 1(2), 11(2)); 2020 c. 1, Sch. 5 para. 1(1)