The Restriction of the Use of Certain Hazardous Substances in Electrical and Electronic Equipment (Amendment) Regulations 2021

This Statutory Instrument has been made to correct an error in S.I. 2020/1647 and is being issued free of charge to all known recipients of that Statutory Instrument

Statutory Instruments

2021 No. 422

Environmental Protection

The Restriction of the Use of Certain Hazardous Substances in Electrical and Electronic Equipment (Amendment) Regulations 2021

Sift requirements satisfied

25th March 2021

Made

29th March 2021

Laid before Parliament

30th March 2021

Coming into force

4th May 2021

The Secretary of State makes these Regulations in exercise of the powers conferred by section 8(1) of, and paragraph 21 of Schedule 7 to, the European Union (Withdrawal) Act 2018(1).

The requirements of paragraph 3(2) of Schedule 7 to that Act (relating to the appropriate Parliamentary procedure for these Regulations) have been satisfied.

Citation, commencement and extent

1.—(1) These Regulations may be cited as the Restriction of the Use of Certain Hazardous Substances in Electrical and Electronic Equipment (Amendment) Regulations 2021.

(2) These Regulations come into force on 4th May 2021.

(3) These Regulations extend to England and Wales and Scotland.

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

2.  In the Restriction of the Use of Certain Hazardous Substances in Electrical and Electronic Equipment Regulations 2012(2), in Schedule A1, for “Cadmium (0.1%)” substitute “Cadmium (0.01%)”.

Rebecca Pow

Parliamentary Under Secretary of State

Department for Environment, Food and Rural Affairs

29th March 2021

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations are made in exercise of the powers conferred by section 8(1) of the European Union (Withdrawal) Act 2018 (c. 16) (“the 2018 Act”) in order to address a failure of retained EU law to operate effectively and a deficiency (in particular under section 8(2)(ea) of the 2018 Act) arising from the withdrawal of the United Kingdom from the European Union.

Regulation 2 corrects an error in Schedule A1 to the Restriction of the Use of Certain Hazardous Substances in Electrical and Electronic Equipment Regulations 2012 (S.I. 2012/3032). Schedule A1 was inserted by the Hazardous Substances and Packaging (Legislative Functions and Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1647). It contains a list of substances which are restricted in electrical and electronic equipment (“EEE”), together with maximum concentration values by weight of those substances in homogeneous materials which may be contained in EEE placed on the market. These maintain the restrictions and maximum concentration values set out in an EU Directive which applied before IP completion day. Regulation 2 corrects an error in the maximum concentration value specified for cadmium.

An impact assessment has not been produced for this instrument as no, or no significant, impact on the private, voluntary or public sector is foreseen.

(1)

2018 c. 16. Paragraph 21 of Schedule 7 was amended by paragraph 53 of Schedule 5 to the European Union (Withdrawal Agreement) Act 2020 (c.1).

(2)

S.I. 2012/3032. Schedule A1 was inserted by S.I. 2020/1647. There are other amending instruments which are not relevant to these Regulations.