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2. In these Regulations—
“2008 Regulations” means the Restriction of the Use of Certain Hazardous Substances in Electrical and Electronic Equipment Regulations 2008(1);
“authorised person” means a person authorised by the market surveillance authority in accordance with regulation 35(2);
“authorised representative” means a person appointed in accordance with regulation 22(1);
“cables” means all cables with a rated voltage of less than 250 volts that serve as a connection or an extension to connect EEE to the electrical outlet or to connect two or more items of EEE to each other;
“CE marking” means a marking by which a manufacturer indicates that a product complies with the applicable requirements set out in these Regulations and which takes the form set out in Annex II of RAMS;
“compliance notice” means a notice given under paragraph 1 of Schedule 3;
“conformity assessment” means the process demonstrating whether the requirements of these Regulations are met in relation to EEE;
“the Directive” means Directive 2011/65/EU of the European Parliament and of the Council on the restriction of the use of certain hazardous substances in electrical and electronic equipment(2);
“distributor” means a person in the supply chain, other than the manufacturer or the importer, who makes EEE available on the market;
“economic operator” means a manufacturer, authorised representative, importer or distributor;
“EEE” means electrical and electronic equipment as defined in regulation 4;
“enforcement notice” means a notice given under paragraph 2 of Schedule 3;
“harmonised standard” means a standard adopted by one of the European standardisation bodies listed in Annex I to Directive 98/34/EC of the European Parliament and of the Council laying down a procedure for the provision of information in the field of technical standards and regulations and of rules on Information Society services(3) on the basis of a request made by the European Commission in accordance with Article 6 of that Directive, the reference of which standard has been published in the Official Journal of the European Union;
“importer” means a person established within the EU who places EEE from a third country on the EU market;
“industrial monitoring and control instruments” means monitoring and control instruments designed for exclusively industrial or professional use;
“infringing EEE” means EEE that does not comply with the requirements of these Regulations;
“make available on the market” means to supply in the course of a commercial activity (whether in return for payment or free of charge) for distribution, consumption or use on the EU market, and related expressions are to be construed accordingly;
“manufacturer” means a person who manufactures EEE or who has EEE designed or manufactured, and markets it under that person’s name or trademark;
“market surveillance authority” has the meaning given in regulation 35(1);
“medical device”, “active implantable medical device”, and “in vitro diagnostic medical device” have the meanings given in regulation 2(1) of the Medical Devices Regulations 2002(4);
“notice” means a notice in writing;
“place on the market” means to make EEE available on the EU market for the first time, and related expressions are to be construed accordingly;
“RAMS” means Regulation (EC) No 765/2008 of the European Parliament and of the Council setting out the requirements for accreditation and market surveillance relating to the marketing of products and repealing Regulation (EEC) No 339/93(5);
“recall” means to take any measure aimed at achieving the return of EEE that has already been made available to the end user;
“recall notice” means a notice given under paragraph 4 of Schedule 3;
“spare part” means a separate part of an item of EEE that can replace a part of an item of EEE and—
the item of EEE cannot function as intended without that part; and
the functionality of the item of EEE is restored or upgraded when the part is replaced by the spare part;
“technical documentation” has the meaning given in Module A of Annex II to Decision 768/2008/EC of the European Parliament and of the Council on a common framework for the marketing of products(6);
“withdraw” means to take any measure aimed at preventing an item of EEE in the supply chain from being made available on the market.
S.I. 2008/37, as amended by S.I. 2009/581.
OJ No L 174, 1.7.11, p 88.
OJ No L 204, 21.7.98, p 37.
S.I. 2002/618, amended by 2008/2936; there are other amending instruments but none are relevant.
OJ No L 218, 13.8.08 p 30.
OJ No L 218, 13.8.08, p 82.
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