http://www.legislation.gov.uk/uksi/2012/3032/contents/made

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

European Union

European Parliament

Reference libraries

King's Printer of Acts of Parliament

2024-05-21

ENVIRONMENTAL PROTECTION

These Regulations implement Directive 2011/65/EU of the European Parliament and of the Council of 8 June 2011 on the restriction of the use of certain hazardous substances in electrical and electronic equipment (recast) (OJ No L174, 01.07.2011, p88). The Directive imposes harmonised restrictions on the use of certain listed hazardous substances in 11 categories of electrical and electronic equipment. It also requires the use of EU declarations of conformity and CE marking, and provides for market surveillance. The Directive seeks to reduce the risks posed by hazardous substances to health and the environment.

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

PART 1Preliminary

1Citation and commencement

2Interpretation

3Restriction on the use of certain hazardous substances in EEE

4Definition of EEE

5EEE to which these Regulations apply

6Exclusion until 22nd July 2019 for EEE outside the scope of the 2008 Regulations

7Revocation and transitional arrangements

8Existing legislation

9Presumption of conformity for EEE

PART 2Prohibitions and Obligations on Economic Operators

Manufacturers and their authorised representatives

10Prohibitions on placing EEE on the market

11Design and manufacture of EEE

12Conformity assessment procedure and drawing up of technical documentation

13EU declaration of conformity and CE marking

14(1) The EU declaration of conformity must state that it...

15Duty to keep technical documentation and EU declaration of conformity

16EEE to bear CE marking

17Compliance procedures for series production

18Information identifying EEE and manufacturer

19Register of EEE

20Non-compliant EEE

21Co-operation with the authorities

22Manufacturers’ authorised representatives

Importers

23Prohibition on placing EEE on the market

24Information identifying importers

25Monitoring of EEE

26Non-compliant EEE

27Retention of documentation and co-operation with the authorities

28Duty in certain circumstances to comply with manufacturers’ duties in place of importers’ duties

Distributors

29Duty to act with due care and prohibition on making EEE available on the market

30Non-compliant EEE

31Co-operation with the authorities

32Duty in certain circumstances to comply with manufacturers’ duties in place of distributors’ duties

All economic operators

33Identification of economic operators to the market surveillance authority

34Protection of CE marking

PART 3Enforcement

35Market surveillance authority

36Market surveillance powers

41Recovery of expenses of enforcement

42Time limit for prosecution of offences

43Defence of due diligence

44Liability of persons other than the principal offender

45Service of documents

PART 4Miscellaneous

46Review

47Consequential amendments

SCHEDULE 1

PART 1Categories of EEE to which these Regulations apply

1Large household appliances.

2Small household appliances.

3IT and telecommunications equipment.

4Consumer equipment.

5Lighting equipment.

6Electrical and electronic tools.

7Toys, leisure and sports equipment.

8Medical devices.

9Monitoring and control instruments including industrial monitoring and control instruments....

10Automatic dispensers.

11Other EEE not covered by any of the categories above....

PART 2EEE to which these Regulations do not apply

12Equipment which is necessary for the protection of the essential...

13Equipment designed to be sent into space.

14Equipment which is specifically designed, and is to be installed,...

15Large-scale stationary industrial tools being a large-scale assembly of machines,...

16Large-scale fixed installations being a large-scale combination of several types...

17Means of transport for persons or goods, excluding electric two-wheel...

18Non-road mobile machinery made available exclusively for professional use, being...

19Active implantable medical devices.

20Photovoltaic panels intended to be used in a system that...

21Equipment specifically designed solely for the purposes of research and...

PART 3Categories of EEE with special rules of application

22Regulations 3(1), 10, 15, 19, 20, 21, 22, 23, 25,...

23(1) Regulations 3(1), 10, 15, 19, 20, 21, 22, 23,...

24Regulations 3(1), 10, 15, 19, 20, 21, 22, 23, 25,...

SCHEDULE 2Test purchases, powers of entry etc and warrants

1Test purchases

2Power to enter premises

3Power to inspect, seize and detain EEE etc

4Warrants

SCHEDULE 3Compliance, enforcement and recall notices

1Compliance notice

2Enforcement notice

3Supplementary provisions in relation to compliance and enforcement notices

4Recall notices

5Action by the market surveillance authority

6Compensation provisions relating to compliance, enforcement and recall notices

7Appeals against compliance, enforcement and recall notices

8Appropriate court for appeals against notices etc and further appeals

9Offences and penalties

2012 No. 3032

Environmental Protection

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

Made4th December 2012

Laid before Parliament7th December 2012

Coming into force2nd January 2013

The Secretary of State is a Minister designated1 for the purposes of section 2(2) of the European Communities Act 19722 in respect of measures relating to the restriction of the use of hazardous substances in electrical and electronic equipment.

These Regulations make provision for a purpose mentioned in section 2(2) of the European Communities Act 1972 and it appears to the Secretary of State that it is expedient for certain references to provisions of an EU instrument to be construed as a reference to those provisions as amended from time to time.

The Secretary of State, in exercise of the powers conferred by section 2(2) of, and paragraph 1A of Schedule 2 to, the European Communities Act 1972 makes the following Regulations.