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

S.I. 2012/3032 · Made 4 December 2012 · Extends to United Kingdom

Up to date with all changes known to legislation.gov.uk, revised to 27 February 2025.

Environmental Protection

Made 4th December 2012

Laid before Parliament 7th December 2012

Coming into force 2nd January 2013

The Secretary of State is a Minister designatedf1 for the purposes of section 2(2) of the European Communities Act 1972f2 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.

Annotations to the whole text

Footnotes

f1

S.I. 2004/706.

f2

1972 c.68, as amended by numerous subsequent Acts; however, the only amendments relevant for the purposes of these Regulations are those introduced by Part 3 of the Legislative and Regulatory Reform Act 2006 (c.51).

Contents

  1. Part 1: Preliminary
  2. 1Citation and commencement
  3. 2Interpretation
  4. 2AInterpretation: designated standard
  5. 2BModifications to the Directive
  6. 3Restriction on the use of certain hazardous substances in EEE
  7. 4Definition of EEE
  8. 5EEE to which these Regulations apply
  9. 6Exclusion until 22nd July 2019 for EEE outside the scope of the 2008 Regulations Repealed
  10. 7Revocation and transitional arrangements
  11. 8Existing legislation
  12. 9Presumption of conformity for EEE
  13. Part 2: Prohibitions and Obligations on Economic Operators
  14. Manufacturers and their authorised representatives
  15. 10Prohibitions on placing EEE on the market
  16. 11Design and manufacture of EEE
  17. 12Conformity assessment procedure and drawing up of technical documentation
  18. 13... Declaration of conformity and UK marking
  19. 14Regulation 14
  20. 15Duty to keep technical documentation and EU declaration of conformity
  21. 16EEE to bear UK marking
  22. 17Compliance procedures for series production
  23. 18Information identifying EEE and manufacturer
  24. 19Register of EEE
  25. 20Non-compliant EEE
  26. 21Co-operation with the authorities
  27. 22Manufacturers’ authorised representatives
  28. Importers
  29. 23Prohibition on placing EEE on the market
  30. 24Information identifying importers
  31. 25Monitoring of EEE
  32. 26Non-compliant EEE
  33. 27Retention of documentation and co-operation with the authorities
  34. 28Duty in certain circumstances to comply with manufacturers’ duties in place of importers’ duties
  35. Distributors
  36. 29Duty to act with due care and prohibition on making EEE available on the market
  37. 30Non-compliant EEE
  38. 31Co-operation with the authorities
  39. 32Duty in certain circumstances to comply with manufacturers’ duties in place of distributors’ duties
  40. All economic operators
  41. 33Identification of economic operators to the market surveillance authority
  42. 34Protection of UK marking
  43. 34AObligations which are met by complying with obligations in the Directive
  44. 34BFurther use of the UK marking
  45. 34CQualifying Northern Ireland goods
  46. Part 3: Enforcement
  47. 35Market surveillance authority
  48. 36Market surveillance powers
  49. 37Offences
  50. 38Obstruction, etc.
  51. 39Penalties
  52. 40Remediation orders
  53. 41Recovery of expenses of enforcement
  54. 42Time limit for prosecution of offences
  55. 43Defence of due diligence
  56. 44Liability of persons other than the principal offender
  57. 45Service of documents
  58. Part 4: Miscellaneous
  59. 46Review
  60. 47Consequential amendments
  61. Signature
  62. Schedule A1Restricted substances referred to in regulation 3 and maximum concentration values tolerated by weight in homogeneous materials
  63. Schedule A2: Applications exempted from the restriction in regulation 3(1)
  64. 1The tables of exempted applications
  65. 2Interpretation of the tables
  66. 3Interpretation of the tables
  67. 4Interpretation of the tables
  68. 5Interpretation of the tables
  69. 6Interpretation of the tables
  70. 7Interpretation of the tables
  71. Schedule 1
  72. Part 1: Categories of EEE to which these Regulations apply
  73. 1Paragraph 1
  74. 2Paragraph 2
  75. 3Paragraph 3
  76. 4Paragraph 4
  77. 5Paragraph 5
  78. 6Paragraph 6
  79. 7Paragraph 7
  80. 8Paragraph 8
  81. 9Paragraph 9
  82. 10Paragraph 10
  83. 11Paragraph 11
  84. Part 2: EEE to which these Regulations do not apply
  85. 12Paragraph 12
  86. 13Paragraph 13
  87. 14Paragraph 14
  88. 15Paragraph 15
  89. 16Paragraph 16
  90. 17Paragraph 17
  91. 18Paragraph 18
  92. 19Paragraph 19
  93. 20Paragraph 20
  94. 21Paragraph 21
  95. 21AParagraph 21A
  96. Part 3: Categories of EEE with special rules of application
  97. 22Paragraph 22
  98. 23Paragraph 23
  99. 24Paragraph 24
  100. Part 4: Internal Production Control Procedure
  101. 25Paragraph 25
  102. 26Paragraph 26
  103. Schedule 1A: Declaration of conformity
  104. 1Paragraph 1
  105. 2Paragraph 2
  106. 3Paragraph 3
  107. 4Paragraph 4
  108. 5Paragraph 5
  109. 6Paragraph 6
  110. 7Paragraph 7
  111. Schedule 2: Test purchases, powers of entry etc and warrants
  112. 1Test purchases
  113. 2Power to enter premises
  114. 3Power to inspect, seize and detain EEE etc
  115. 4Warrants
  116. Schedule 3: Compliance, enforcement and recall notices
  117. 1Compliance notice
  118. 2Enforcement notice
  119. 3Supplementary provisions in relation to compliance and enforcement notices
  120. 4Recall notices
  121. 5Action by the market surveillance authority
  122. 6Compensation provisions relating to compliance, enforcement and recall notices
  123. 7Appeals against compliance, enforcement and recall notices
  124. 8Appropriate court for appeals against notices etc and further appeals
  125. 9Offences and penalties
  126. Explanatory note