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Certain Hazardous Substances in Electrical and Electronic Equipment) Regulations 2012. S.I. No. 513/2012 - European Union (Restriction

Certain Hazardous Substances in Electrical and Electronic Equipment) Regulations

1. AmendmentsLeasuithe Download PDF Íoslódáil PDF INDEX Part I Preliminary and General
2. Citation
3. Purpose

Regulations 3. Interpretation

Regulations 4. Scope

Regulations Part II Prohibitions and Obligations on Economic Operators 5. Prohibition

specified hazardous substances

1. Manufacturers’ Obligations — General
2. EU Declaration

Conformity and CE Marking

1. Compliance procedures for series production
2. Register

EEE

1. Identifying EEE and manufacturer
2. Non-compliant EEE
3. Co-operation with National Authorities
4. Authorised Representatives
5. Importer Responsibility General
6. Non-compliant EEE
7. Information identifying importers
8. Monitoring

EEE 18. Retention

documentation and co-operation with authorities 19. Duty in certain circumstances to comply with manufacturers' duties in place

importers’ duties

1. Distributor Responsibility General
2. Non-compliant EEE
3. Co-operation with National Authorities
4. Duty in certain circumstances to comply with manufacturer's duties in place

distributor's duties 24. Identification

economic operators Part III Functions

the Agency

1. Enforcement
2. Market Surveillance Activities
3. Functions

the Agency 28. Procedure in relation to directions

the Agency 29. Appeals against directions

the Agency

1. Injunctions
2. Authorised Persons 32.

fences

1. Prosecutions and Penalties
2. Commencement
3. Revocation SCHEDULE 1 CATEGORIES

ELECTRICAL AND ELECTRONIC EQUIPMENT TO WHICH THESE REGULATIONS APPLY SCHEDULE 2 ELECTRICAL AND ELECTRONIC EQUIPMENT TO WHICH THESE REGULATIONS DO NOT APPLY SCHEDULE 3 CATEGORIES

ELECTRICAL AND ELECTRONIC EQUIPMENT WITH SPECIAL RULES

APPLICATION S.I. No. 513

2012 EUROPEAN UNION (RESTRICTION

CERTAIN HAZARDOUS SUBSTANCES IN ELECTRICAL AND ELECTRONIC EQUIPMENT) REGULATIONS 2012 Notice

the making

this Statutory Instrument was published in “Iris Oifigiúil”

28th December, 2012. I, PHIL HOGAN, Minister for the Environment, Community and Local Government, in exercise

the powers conferred on me by section 3

the European Communities Act 1972 (No. 27

1972) and for the purpose

giving effect to Directive 2011/65/EU1

the European Parliament and

the Council

8 June 2011 on the restriction

the use

certain hazardous substances in electrical and electronic equipment hereby make the following Regulations: PART I PRELIMINARY AND GENERAL Citation 1. These Regulations may be cited as the European Union (Restriction

Certain Hazardous Substances in Electrical and Electronic Equipment) Regulations 2012. Purpose

Regulations 2. The purposes for which these Regulations are made include the purpose

giving effect to provisions

European Parliament and Council Directive 2011/65/EU2 on the restriction

the use

certain hazardous substances in electrical and electronic equipment with a view to contributing to the protection

human health and the environment, including the environmentally sound recovery and disposal

waste electrical and electronic equipment. Interpretation

Regulations 3.

1996” means the Waste Management Act 1996 (No. 10

1996); “active implantable medical device” means any active implantable medical device within the meaning

point (c)

Article 1

Council Directive 90/385/EEC3

20 June 1990 on the approximation

the laws

the Member States relating to active implantable medical devices; “Agency” means the Environmental Protection Agency established under Section 19

the Environmental Protection Agency Act 1992 (No. 7

1992); “authorised person” means a person who is appointed in writing by the Minister, a local authority, the Agency or such other person as may be required to be an authorised person for the purposes

the Act

1996 or any Part or section thereof; “authorised representative” means any natural or legal person established within the European Union who has received a written mandate from a manufacturer to act on his behalf in relation to specified tasks; “cables” means all cables with a rated voltage

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 EEE to each other; “CE marking” means a marking by which the manufacturer indicates that the product is in conformity with the applicable requirements set out in Union harmonisation legislation providing for its affixing; “conformity assessment” means the process demonstrating whether the requirements

these Regulations relating to EEE, are met; “dependent” means, with regards to EEE, needing electric currents or electromagnetic fields to fulfil at least one intended function; “the Directive” means European Parliament and Council Directive 2011/65/EU4 on the restriction

the use

certain hazardous substances in electrical and electronic equipment; “distributor” means any natural or legal person in the supply chain, other than the manufacturer or the importer, who makes EEE available on the market; “economic operator” means the manufacturer, the authorised representative, the importer and the distributor; “electrical and electronic equipment” or “EEE” means equipment which is dependent on electric currents or electromagnetic fields in order to work properly and equipment for the generation, transfer and measurement

such currents and fields and designed for use with a voltage rating not exceeding 1,000 volt for alternating current and 1,500 volt for direct current; “harmonised standard” means a standard adopted by one

the European standardisation bodies listed in Annex I to Directive 98/34/EC5

the European Parliament and

the Council

22 June 1998 laying down a procedure for the provision

information in the field

technical standards and Regulations and

rules on Information Society services on the basis

a request made by the European Commission in accordance with Article 6

Directive 98/34/EC6 ; “homogeneous material” means one material

uniform composition throughout or a material, consisting

a combination

materials, that cannot be disjointed or separated into different materials by mechanical actions such as unscrewing, cutting, crushing, grinding and abrasive processes; “importer” means any natural or legal person established within the Union, who places EEE from a third country on the Union market; “in vitro diagnostic medical device” means an in vitro diagnostic medical device within the meaning

point (b)

Article 1

Directive 98/79/EC7 ; “industrial monitoring and control instruments” means monitoring and control instruments designed for exclusively industrial or professional use; “large-scale fixed installation” means a large-scale combination

several types

apparatus and, where applicable, other devices, which are assembled and installed by professionals, intended to be used permanently in a pre-defined and dedicated location, and de-installed by professionals; “large-scale stationary industrial tools” means a large-scale assembly

machines, equipment, and/or components, functioning together for a specific application, permanently installed and de-installed by professionals at a given place, and used and maintained by professionals in an industrial manufacturing facility or research and development facility; “making available on the market” means any supply

EEE in the course

a commercial activity (whether in return for payment or free

charge) for distribution, consumption or use on the Union market; “manufacturer” means any natural or legal person who manufactures EEE or who has EEE designed or manufactured and markets it under that person’s name or trademark; “market surveillance” means the activities carried out by the Agency to ensure that EEE complies with the requirements set out in this Regulation and does not endanger health, safety, or other issues

public interest protection; “medical device” means a medical device within the meaning

point (a)

Article 1

Directive 93/42/EEC8 and which is also EEE; “non-road mobile machinery made available exclusively for professional use” means machinery, with an on-board power source, the operation

which requires either mobility or continuous or semi-continuous movement between a succession

fixed working locations while working, and is made available exclusively for professional use; “placing on the market” means making EEE available on the Union market for the first time; “prosecutor” means the Agency or Director

Public Prosecutions; “recall” means any measure aimed at achieving the return

EEE that has already been made available to the end user; “Regulation (EC) No. 765/2008”9 means Regulation

the European Parliament and

the Council setting out the requirements for accreditation and market surveillance relating to the marketing

products; “spare part” means a separate part

EEE that can replace a part

EEE and— (

1. a)the EEE cannot function as intended without that part; and (
2. b)the functionality

the EEE is restored or upgraded when the part is replaced by the spare part; “technical specification” means a document that prescribes technical requirements to be fulfilled by a product, process or service; “withdraw” means take any measure aimed at preventing EEE in the supply chain from being made available on the market. Scope

Regulations 4.

the applications listed in Annexes III and IV to the Directive.

paragraphs 1 and 2

Schedule 3, any EEE to which these Regulations apply but which was outside the scope

the Waste Management (Restriction

Certain Hazardous Substances in Electrical and Electronic Equipment) Regulations 2005 ( S.I. No. 341

2005 ) as amended by the Waste Management (Restriction

Certain Hazardous Substances in Electrical and Electronic Equipment) (Amendment) Regulations 2008 ( S.I. No. 376

2008 ) may continue to be made available on the market until 22nd July 2019 even if the EEE does not comply with the provisions

these Regulations. PART II PROHIBITIONS AND OBLIGATIONS ON ECONOMIC OPERATORS Prohibition

specified hazardous substances 5.

those substances in quantities no greater than the maximum concentration value by weight in homogeneous materials as specified in Annex II to the Directive, is permitted. Manufacturers’ obligations General 6.

Regulation 5, (b) ensure that the EEE has been designed and manufactured to comply with the requirements

Regulation 5, (c) draw up the required technical documentation and carry out and comply with their obligations under the internal production control procedure in line with module A

Annex II to Decision No 768/2008/EC11

the European Parliament and

the Council on a common framework for the marketing

products.

a conformity assessment procedure which is at least as stringent, compliance with the requirements

Regulation 5

that procedure and a single set

technical documentation may be drawn up. EU Declaration

Conformity and CE Marking 7.

EEE with the requirements

Regulation 5 has been demonstrated by the procedures referred to in Regulation 6

conformity which shall state that it has been demonstrated that the requirements specified in Article 4

the Directive have been met in relation to the EEE; and (b) affix the CE marking in relation to the finished EEE as set out in Regulation (EC) No. 765/200812 .

conformity shall follow the structure and include the information specified in Annex VI to the Directive.

conformity drawn up in relation to EEE fully updated.

conformity into the languages required by Member States on the market

which the EEE is placed or made available.

conformity in relation to EEE which is made available on the market in Ireland shall be drawn up in or translated into Irish or English.

conformity, the manufacturer assumes responsibility for the compliance

the EEE with the Directive.

conformity for EEE available for inspection by the Agency for a period

ten years from the day on which the EEE was placed on the market.

Regulation (EC) No. 765/200813 .

the EEE it is not possible to or not warranted for the CE marking to be affixed in accordance with Regulation 7

the EEE; and (b) any documents that accompany the EEE.

these Regulations.

Regulation 5 have been performed; or (b) which have been assessed for compliance with the requirements

Regulation 5 in accordance with harmonised standards, are presumed to comply with the requirements

Regulation

1. Compliance procedures for series production
2. Manufacturers

EEE which is manufactured by means

series production shall ensure that procedures are in place to ensure that any EEE so manufactured complies with the requirements

Regulation 5 and in so doing shall take adequate account

- (a) any changes in the design or characteristics

the EEE; and (b) any changes to any harmonised standards or technical specifications referred to in the EU declaration

conformity drawn up in relation to the EEE. Register

EEE 9. Manufacturers shall keep a register

- (a) any EEE placed on the market in relation to which any provision

these Regulations has not been complied with; and (b) any EEE which has been recalled and keep distributors informed thereof. Identifying EEE and manufacturer 10.

the EEE does not allow this, on the packaging

the EEE or in a document accompanying the EEE.

the EEE or in a document accompanying the EEE.

the manufacturer’s name and address which are at least as stringent, those provisions shall apply. Non-compliant EEE 11. Manufacturers who consider or have reason to believe that EEE which they have placed on the market is not in conformity with any provision

these Regulations shall immediately- (a) take the necessary corrective measures to ensure that the provision

these Regulations is complied with including the withdrawal or recall

the EEE, if appropriate; and (b) provide the Agency and the competent national authorities

any other Member States in which they made the EEE available with information

the non-compliance and

any corrective measures taken. Co-operation with National Authorities 12.

10 years from the day on which EEE was placed on the market, request the manufacturer who placed the EEE on the market to— (a) provide it, within such period as the Agency may specify, with all the information and documentation necessary to demonstrate that the provisions

these Regulations have been complied with; and (b) co-operate with the Agency on any action, specified by the Agency, taken or to be taken to ensure that the provisions

these Regulations are complied with.

conforming with these Regulations.

conformity and the technical documentation at the disposal

the Agency for 10 years following the placing on the market

the EEE; (b) upon request, provide the Agency with all the information and documentation necessary to demonstrate the conformity

EEE with the Regulations; (c) upon request, co-operate with the Agency on any action taken to ensure compliance with these Regulations covered by their mandate.

these Regulations.

those duties, the authorised representative may be proceeded against as though the authorised representative were the manufacturer.

that obligation. Importer Responsibility General 14. Importers may only place EEE on the market when- (a) the EEE complies with the requirements

Regualtion 5; (

1. b)they have ensured that the manufacturer has completed the following in relation to the EEE- (
2. i)carried out the conformity assessment procedure and drawn up the technical documentation in accordance with Regulation 6

Regulation 10

the non-compliance;

these Regulations they shall immediately- (a) take the necessary corrective measures to ensure that the provision

these Regulations is complied with including the withdrawal or recall

the EEE, if appropriate; and (b) provide the Agency and the competent national authorities

any other Member States in which they made the EEE available with information

the non-compliance and

any corrective measures taken. Information identifying importers 16.

the EEE or in a document accompanying the EEE.

the importer’s name and address which are at least as stringent, those provisions shall apply. Monitoring

EEE 17. Importers shall maintain a register

- (a) any EEE placed on the market not in compliance with any provision

these Regulations; and (b) any EEE which has been recalled, and keep distributors informed

these matters. Retention

documentation and co-operation with authorities 18.

ten years from the date they placed an item

EEE on the market- (a) keep a copy

the EU declaration

conformity; and (b) ensure that the technical documentation is available for inspection by the Agency upon request.

these Regulations have been complied with; and (b) co-operate with the Agency on any action taken or to be taken to ensure that the provisions

these Regulations are complied with.

importers’ duties 19. An importer who places EEE on the market under the importer’s name or trademark shall comply with all

the duties imposed by these Regulations on manufacturers, and in such a case, a reference to the manufacturer in these Regulations is to be taken as being a reference to the importer. Distributor Responsibility General 20.

Regulation 5. Non-compliant EEE 21.

Regulation 5, they shall inform the following to that effect- (

1. a)the importer; or (
2. b)the manufacturer; and (
3. c)the Agency.

any other Member States in which they made the EEE available with information about the non-compliance and any corrective measures taken. Co-operation with National Authorities 22.

these Regulations have been complied with; and (b) co-operate with the Agency on any action, specified by the Agency, taken or to be taken to ensure that the provisions

these Regulations are complied with.

distributors’ duties 23. A distributor who modifies EEE already placed on the market in such a way that compliance with the requirements

Regulation 5 may be affected shall comply with all

the duties imposed by these Regulations on manufacturers, and in such a case, a reference to the manufacturer in these Regulations is to be taken as being a reference to the distributor. Identification

economic operators 24.

the EEE, request an economic operator to identify to the Agency, within such period as the Agency may specify- (

1. a)any economic operator who has supplied it with EEE; and (
2. b)any economic operator to whom it has supplied EEE.

THE AGENCY Enforcement. 25. The Agency shall be responsible for the enforcement

these Regulations within the State and shall take such steps as are necessary for this purpose. Markets Surveillance Activities. 26. Market surveillance activities with respect to these Regulations shall be carried out by the Agency in accordance with Articles 15 to 29

Regulation (EC) No. 765/2008. Functions

the Agency. 27.

ensuring that EEE placed on the market complies with the requirements

the Directive and that manufacturers, authorised representatives, importers and distributors

such EEE comply with their obligations under these Regulations, the Agency may take all reasonable measures, including such

the following as is decided by the Agency to be appropriate in each case— (

1. a)for any EEE, to— (
2. i)organise, even after it has been placed on the market, appropriate checks on its components, on an adequate scale, up to the final stage

use or consumption; (ii) request all necessary information in relation to the EEE from any person who, in the opinion

the Agency may be in a position to provide such information or, as appropriate; (iii) take samples

EEE and subject them to such checks as are considered necessary in order to determine compliance with the requirements

the Directive; (b) for any EEE that could be prohibited under the provisions

Regulation 5, issue a direction prohibiting the placing on the market

EEE pending the carrying out

the safety evaluations, checks and controls necessary to establish that the EEE complies with Regulation 5; (c) for any EEE prohibited under the provisions

Regulation 5,— (i) issue a direction prohibiting the placing

the product on the market, or (ii) if already on the market, take all appropriate steps, including if necessary issuing a direction, to ensure— (A) the immediate withdrawal

such EEE from the marketplace, its recall from final users and its environmentally sound management in accordance with the provisions

European Union legislation on Waste Electrical and Electronic Equipment (WEEE) and (B) that final users are alerted to the prohibited hazardous substances contained in such EEE.

the following as is appropriate— (

1. a)the manufacturer; (
2. b)the distributor; (
3. c)the importer; (
4. d)the authorised representative, or, as appropriate, (
5. e)any other person, where necessary, with a view to co-operation in action taken to avoid risks arising from such EEE. Procedure in relation to directions

the Agency. 28.

any measure in the proposed direction, or (b) if an opportunity is not given to any person to whom the Agency has issued a direction under these Regulations, because

the urgency

the measures to be taken, an opportunity shall be given by the Agency to the relevant person to submit his or her views in due course after the direction has taken effect.

the identity

a person to whom the direction is addressed, shall, as soon as possible, be sent or given to that person in any

the following ways— (a) in any manner prescribed in Section 16

the Act

1996, or (

1. b)by leaving it at the address at which that person carries on business, or (
2. c)by sending it by prepaid registered post to the person at the address at which he or she carries on business, and (
3. d)in any case where the Agency considers that the immediate giving

the direction is required, by sending it, by means

a facsimile machine or by electronic mail, to a device or facility for the reception

facsimiles or electronic mail located at the address at which the person ordinarily carries on business or, if an address for the service

notices has been furnished by the person, that address, provided that the sender’s facsimile machine generates a message confirming successful transmission

the total number

pages

the direction or the sender’s facility for the reception

electronic mail generates a message confirming receipt

the electronic mail.

the urgency

the measures to be taken, (

1. b)from a specified date, (
2. c)by a specified date, or (
3. d)between specified dates.

paragraph

one page

a broadsheet, or (b) one page

a tabloid, newspaper. Appeals against Directions

the Agency. 29.

a direction served by the Agency under Regulation 28 may, within 21 days

receipt

the direction, appeal to the Judge

the Circuit Court in whose Circuit the person carries on business.

the Circuit Court on an appeal under paragraph

the Circuit Court, an appeal from the decision shall lie to the High Court on a question

law. Injunctions. 30. Where a person fails to comply with a direction

the Agency under these Regulations, the Agency may institute in the Circuit Court proceedings for an order requiring the person to comply with the terms

the direction. Authorised Persons 31.

environmental pollution arising from the carrying on

an activity at the premises or that such pollution is occurring, enter any premises and bring thereon such other persons (including members

An Garda Síochána) or equipment as he or she may consider necessary for the purpose, and (b) at any time halt (if necessary) and board any vehicle and have it taken, or require the driver

the vehicle to take it, to a place designated by the authorised person, and such a vehicle may be detained at that place by the authorised person, for such period as he or she may consider necessary for the purpose.

the occupier, enter into a private dwelling under this Regulation unless he or she has obtained a warrant from the District Court under paragraph 5(b) authorising such entry.

the Act

1996.

documents and records (including records in electronic form) found therein and take such samples, (c) require that the premises or vehicle or any part

the premises or anything in the premises or vehicle shall be left undisturbed for such period, (d) require from an occupier

the premises or any occupant

the vehicle or any person employed on the premises or any other person on the premises, such information, (e) require the production

and inspect such records and documents, (including records held in electronic form) and take copies

or extracts from, or take away if considered necessary for the purposes

inspection or examination, any such records or documents, as the authorised person, having regard to all the circumstances, considers necessary for the purposes

exercising any power conferred on him or her, by or under these Regulations.

his or her powers under this Regulation is prevented from entering any premises or if an authorised person has reason to believe that evidence related to a suspected

fence under these Regulations may be present in any premises and that the evidence may be removed therefrom or destroyed, the authorised person or the person by whom he or she was appointed may apply to a judge

the District Court, in whose District the premises is located, for a warrant under this paragraph authorising the entry by the authorised person into the premises. (b) If on application being made to him or her under this paragraph, a Judge

the District Court is satisfied, on the sworn information

the applicant, that the authorised person concerned has been prevented from entering a premises as aforesaid or that the authorised person has reasonable grounds for believing the other matters aforesaid, the judge may issue a warrant under his or her hand authorising that person, accompanied, if the judge deems it appropriate so to provide, by such number

members

An Garda Síochána as may be specified in the warrant, at any time or times within one month from the date

the issue

the warrant, on production if so requested

the warrant, to enter, if need be by force, the premises concerned and exercise the powers referred to in paragraph

any power conferred on him or her by these Regulations involving the bringing

any vehicle to any place, or where he or she anticipates any obstruction in the exercise

any other power conferred on him or her by or under this Regulation, request a member

the Garda Síochána to accompany him or her in the exercise

such a power.

fences 32.

these Regulations, or (

1. b)provides information which is false or to his or her knowledge misleading in a material way, or (
2. c)obstructs or interferes with an authorised person in the exercise

a power conferred by these Regulations shall be guilty

an

fence.

fence under these Regulations is committed by a body corporate or by a person acting on behalf

a body corporate and is proved to have been committed with the consent or connivance

or to be attributable to any neglect on the part

a person being a director, manager, secretary or other similar

ficer

the body corporate, or a person who was purporting to act in any such capacity, that person as well as the body corporate shall be guilty

an

fence and shall be liable to be proceeded against and punished as if he or she were guilty

the first-mentioned

fence. Prosecutions and Penalties. 33.

fence on account

contravention or failure to comply with these Regulations may be taken by the Agency.

section 10

the Petty Sessions (Ireland) Act 1851, summary proceedings for an

fence on account

contravention or failure to comply with any Regulation

these Regulations may be commenced— (a) at any time within 12 months from the date on which the

fence was committed, or (b) at any time within 6 months from the date on which evidence sufficient, in the opinion

the person by whom the proceedings are initiated, to justify the proceedings, comes to such persons knowledge, whichever is the later: provided that no such proceedings shall be initiated later than 2 years from the date on which the

fence concerned was committed.

the person initiating the proceedings for an

fence on account

contravention or failure to comply with any Regulation

these Regulations as to the date on which evidence relating to the

fence came to his or her knowledge shall be prima facie evidence thereof and in any legal proceedings a document purporting to be a certificate issued for the purposes

this paragraph and to be so signed shall be deemed to be so signed and shall be admitted as evidence without proof

the signature

the person purporting to sign the certificate, unless the contrary is shown.

an

fence under these Regulations is liable— (

1. a)on summary conviction, to a class A fine or imprisonment for a term not exceeding 12 months, or both, or (
2. b)on conviction on indictment, to a fine not exceeding €500,000 or imprisonment for a term not exceeding 3 years, or both.

fence under a Regulation

these Regulations, prosecuted by the Prosecutor, it shall, on the application

the Prosecutor (made before the time

such imposition, affirmation or variation), provide by order for the payment

the amount

the fine to the Prosecutor.

an

fence under these Regulations, the court shall, unless it is satisfied that there are special and substantial reasons for not so doing, order the person to pay to the Prosecutor, the costs and expenses, measured by the court, incurred by the Prosecutor in relation to the investigation, detection and prosecution

the

fence, including costs and expenses incurred in the taking

samples, the carrying out

tests, examinations and analyses and in respect

the remuneration and other expenses

directors, employees, consultants and advisers engaged by the Prosecutor. Commencement

1. These Regulations shall come into operation on 2 January
2. Revocation 35.

Certain Hazardous Substances in Electrical and Electronic Equipment) Regulations 2005 ( S.I. No. 341

2005 ) as amended by the Waste Management (Restriction

Certain Hazardous Substances in Electrical and Electronic Equipment) (Amendment) Regulations 2008 ( S.I. No. 376

2008 ) are revoked with effect from the date specified in Regulation 34.

Certain Hazardous Substances in Electrical and Electronic Equipment) Regulations 2005 ( S.I. No. 341

2005 ) as amended by the Waste Management (Restriction

Certain Hazardous Substances in Electrical and Electronic Equipment) (Amendment) Regulations 2008 ( S.I. No. 376

2008 ) applied to any electrical and electronic equipment which was placed on the market before 2 January 2013- (

1. a)obligations that arose under the 2005 Regulations, as amended, may be enforced under these Regulations; (
2. b)obligations under these Regulations which arise after the placing on the market

the EEE apply.

Certain Hazardous Substances in Electrical and Electronic Equipment) Regulations 2005 ( S.I. No. 341

2005 ) as amended by the Waste Management (Restriction

Certain Hazardous Substances in Electrical and Electronic Equipment) (Amendment) Regulations 2008 ( S.I. No. 376

2008 ) in any Act or instrument made under such Act shall be construed as references to the European Union (Restriction

Certain Hazardous Substances in Electrical and Electronic Equipment) Regulations 2012. SCHEDULE 1 CATEGORIES

ELECTRICAL AND ELECTRONIC EQUIPMENT TO WHICH THESE REGULATIONS APPLY

1. Large household appliances.
2. Small household appliances.
3. IT and telecommunications equipment.
4. Consumer equipment.
5. Lighting equipment.
6. Electrical and electronic tools.
7. Toys, leisure and sports equipment.
8. Medical devices.
9. Monitoring and control instruments including industrial monitoring and control instruments.
10. Automatic dispensers.
11. Other EEE not covered by any

the categories above. SCHEDULE 2 ELECTRICAL AND ELECTRONIC EQUIPMENT TO WHICH THESE REGULATIONS DO NOT APPLY 1. Equipment which is necessary for the protection

the essential interests

the security

EEA States, including arms, munitions and war material intended for specifically military purposes;

1. Equipment designed to be sent into space;
2. Equipment which is specifically designed, and is to be installed, as part

another type

equipment to which these Regulations do not apply, which can fulfil its function only if it is part

that equipment, and which can be replaced only by the same specifically designed equipment; 4. Large-scale stationary industrial tools being a large-scale assembly

machines, equipment, and/or components— (

1. a)functioning together for a specific application; (
2. b)permanently installed and de-installed by professionals at a given place; and (
3. c)used and maintained by professionals in an industrial manufacturing facility or research and development facility. 5. Large-scale fixed installations being a large-scale combination

several types

apparatus and, where applicable, other devices, which are— (

1. a)assembled and installed by professionals; (
2. b)intended to be used permanently in a pre-defined and dedicated location; and (
3. c)de-installed by professionals; 6. Means

transport for persons or goods, excluding electric two-wheel vehicles which are not type-approved; 7. Non-road mobile machinery made available exclusively for professional use being machinery, with an on-board power source, the operation

which requires either mobility or continuous or semi-continuous movement between a succession

fixed working locations while working, and which is made available exclusively for professional use;

1. Active implantable medical devices;
2. Photovoltaic panels intended to be used in a system that is designed, assembled and installed by professionals for permanent use at a defined location to produce energy from solar light for public, commercial, industrial and residential applications;
3. Equipment specifically designed solely for the purposes

research and development only made available on a business-to-business basis. SCHEDULE 3 CATEGORIES

ELECTRICAL AND ELECTRONIC EQUIPMENT WITH SPECIAL RULES

APPLICATION 1. These Regulations apply (

1. a)to medical devices and monitoring and control instruments placed on the market on or after 22nd July 2014; (
2. b)to in vitro diagnostic medical devices placed on the market on or after 22nd July 2016; and (
3. c)to industrial monitoring and control instruments placed on the market on or after 22nd July 2017. 2. These Regulations do not apply to cables or spare parts for the repair, the reuse, the updating

functionalities or upgrading

capacity

the following— (

1. a)EEE placed on the market before 1st July 2006; (
2. b)medical devices placed on the market before 22nd July 2014; (
3. c)in vitro diagnostic medical devices placed on the market before 22nd July 2016; (
4. d)monitoring and control instruments placed on the market before 22nd July 2014; (
5. e)industrial monitoring and control instruments placed on the market before 22nd July 2017; (
6. f)EEE which benefited from an exemption listed in an Annex to the Directive or the previous Directive and which was placed on the market before that exemption expired, provided that the specific exemption concerned those cables or spare parts. 3. These Regulations do not apply to reused spare parts— (
7. a)recovered from EEE placed on the market before 1st July 2006; and (
8. b)used in equipment placed on the market before 1st July 2016, provided that reuse takes place in auditable closed-loop business-to-business return systems, and that the reuse

parts is notified to the consumer. GIVEN under my

ficial Seal, 19 December 2012. PHIL HOGAN, Minister for the Environment, Community and Local Government. EXPLANATORY NOTE (This note is not part

the Instrument and does not purport to be a legal interpretation.) These Regulations give effect to the provisions

European Parliament and Council Directive 2011/65/EU on the restriction

the use

certain hazardous substances in electrical and electronic equipment (EEE) and revoke the Waste Management (Restriction

Certain Hazardous Substances in Electrical and Electronic Equipment) Regulations 2005 ( S.I. No. 341

2005 ) as amended by the Waste Management (Restriction

Certain Hazardous Substances in Electrical and Electronic Equipment) (Amendment) Regulations 2008 ( S.I. No. 376

2008 ). These Regulations aim to improve the safety

electronic products and prevent the release

hazardous substances into the environment. The prohibition on heavy metals and other dangerous chemicals in electrical and electronic equipment has now been extended to a wider range

products. The previous RoHS Regulations covered several categories

electrical and electronic equipment including household appliances, IT and consumer equipment, but the scope has now been extended to all electronic equipment, cables and spare parts. 1 O.J. No. L174, 1.07.2011, page 88 2 O.J. No. L174, 1.07.2011, page 88 3 O.J. No. L189, 20.7.90, page 17 4 O.J. No. L174, 1.07.2011, page 88 5 O.J. No. L204, 21.7.98, page 37 6 O.J. No. L204, 21.7.98, page 37 7 O.J. No. L331, 7.12.98, page 1 8 O.J. L169, 12.7.93, p.1 9 O.J. No. L218, 13.08.2008 p.30 10 O.J. No. L396, 30.12.06, p.1 11 O.J. L218, 13.8.08, p.82 12 O.J. L218, 13.8.08, p.82 13 O.J. L218, 13.8.08, p.82 Privacy Statement Accessibility European Legislation Identifier (PDF) Open Data License Ráiteas Príobháideachais Inrochtaineacht Aitheantóir Eorpach Reachtaíochta (ELI) Ceadúnas Sonraí Oscailte Liosta Fianán © Government

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