The Restriction of the Use of Certain Hazardous Substances in Electrical and Electronic Equipment Regulations 2006

These Regulations may be cited as the Restriction of the Use of Certain Hazardous Substances in Electrical and Electronic Equipment Regulations 2006 and shall come into force on 1st July 2006.

The Restriction of the Use of Certain Hazardous Substances in Electrical and Electronic Equipment Regulations 2005^f1 are revoked.

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^f1 as amended by Directive 2003/108/EC^f2 and designed for use with a voltage rating not exceeding 1,000 volts for alternating current and 1,500 volts for direct current;

• “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 homogeneous materials for lead;

  • 0.1% by weight in homogeneous materials for mercury;

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

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

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

  • 0.01% by weight in homogeneous 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^f3 as amended by Directive 2002/65/EC^f4 on the protection of consumers in respect of distance contracts—

  1. (a)

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

  2. (b)

     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 (a); or

  3. (c)

     imports or exports electrical and electronic equipment on a professional basis into a member State, Norway, Iceland or Liechtenstein^f5.

These Regulations apply to electrical and electronic equipment that is within the categories set out in Schedule 1 and to electric light bulbs and to luminaires for use in households.

Nothing in these Regulations shall affect the application of existing Community legislation and national legislation as regards—

A producer shall ensure that new electrical and electronic equipment put on the market on or after 1st July 2006 does not contain any hazardous substance.

A producer shall prepare and, at the request of the Secretary of State, submit to him within 28 days of the date of the request, technical documentation or other information showing that electrical and electronic equipment that he has put on the market complies with the requirements of regulation 7.

A producer shall retain the technical documentation or other information in respect of electrical and electronic equipment referred to in regulation 8 for a period of four years from the date that he puts the equipment on the market.

A person who contravenes or fails to comply with any of the requirements of—

shall be guilty of an offence.

In England and Wales a magistrates' court may try an information, and in Northern Ireland a magistrates' court may try a complaint, in relation to an offence under these Regulations if the information is laid or if the complaint is made within twelve months from the time when the offence is committed. In Scotland summary proceedings for such an offence may be begun at any time within twelve months from the time when the offence is committed.

Large household appliances.

Small household appliances.

IT and telecommunications equipment.

Consumer equipment.

Lighting equipment.

Electrical and electronic tools (with the exception of large-scale stationary industrial tools).

Toys, leisure and sports equipment.

Automatic dispensers.

Mercury in compact fluorescent lamps not exceeding 5 mg per lamp.

Mercury in straight fluorescent lamps for general purposes not exceeding

Mercury in straight fluorescent lamps for special purposes.

Mercury in other lamps not specifically mentioned in this schedule.

Lead in glass of cathode ray tubes, electronic components and fluorescent tubes.

Lead as an alloying element in steel containing up to 0.35% lead by weight, aluminium containing up to 0.4% lead by weight and as a copper alloy containing up to 4% lead by weight.

Lead—

Cadmium and its compounds in electrical contacts and cadmium plating except for applications banned under Directive 91/338/EEC^f1 amending Directive 76/769/EEC^f2 relating to restrictions on the marketing and use of certain dangerous substances and preparations.

Hexavalent chromium as an anti-corrosion of the carbon steel cooling system in absorption refrigerators.

DecaBDE in polymeric applications.

Lead in lead-bronze bearing shells and bushes.

Lead used in compliant pin connector systems.

Lead as a coating material for the thermal conduction module c-ring.

Lead and cadmium in optical and filter glass.

Lead in solders consisting of more than two elements for the connection between the pins and the package of microprocessors with a lead content of more than 80% and less than 85% by weight.

Lead in solders to complete a viable electrical connection between semiconductor die and carrier within integrated circuit Flip Chip packages.

Lead in linear incandescent lamps with silicate coated tubes.

Lead halide as radiant agent in High Density Discharge lamps used for professional reprography applications.

Lead as activator in the fluorescent powder (1% lead by weight or less) of discharge lamps when used as sun tanning lamps containing phosphors such as BSP (BaSi₂O₅:Pb) as well as when used as speciality lamps for diazo-printing reprography, lithography, insect traps, photochemical and curing processes containing phosphors such as SMS ((Sr,Ba)₂MgSi₂O₇:Pb).

Lead with PbBiSn-Hg and PbInSn-Hg in specific compositions as main amalgam and with PbSn-Hg as auxiliary amalgam in very compact Energy Saving Lamps.

Lead oxide in glass used for bonding front and rear substances of flat fluorescent lamps used for Liquid Crystal Displays.

(This note is not part of the Regulations)