The Restriction of the Use of Certain Hazardous Substances in Electrical and Electronic Equipment Regulations 2008

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations revoke and replace the Restriction of the Use of Certain Hazardous Substances in Electrical and Electronic Equipment Regulations 2006 (S.I. 2006/1463) which implemented the European Parliament and Council Directive 2002/95/EC (OJ L 37, 13.3.2003, p. 19) on the Restriction of the Use of Certain Hazardous Substances in Electrical and Electronic Equipment (“the Directive”). The Annex to the Directive can be amended by Commission Decisions and the 2006 Regulations reflected the amendments made to the Directive by Commission Decision 2005/618/EC (OJ L 214, 19.8.2005, p. 65), Commission Decision 2005/717/EC (OJ L 271, 15.10.2005, p. 48), Commission Decision 2005/747/EC (OJ L 280, 25.10.2005, p. 18) and Commission Decision 2006/310/EC (OJ L 115, 28.4.2006, p. 38).

Since the 2006 Regulations were made, the Directive has been amended by a further three decisions: Commission Decision 2006/690/EC (OJ L 283, 14.10.2006, p. 47), Commission Decision 2006/691/EC (OJ L 283, 14.10.2006, p. 48) and Commission Decision 2006/692/EC (OJ L 283, 14.10.2006, p. 50). All three decisions amend the list of exempt applications of lead, mercury, cadmium, hexavalent chromium, polybrominated biphenyls or polybrominated diphenyl ethers to which the Directive does not apply, which is set out in the Annex to the Directive. It is expected that the Annex will be subject to further amending decisions over time: an up to date record of such decisions can be found on the European Commission’s website at http://ec.europa.eu/environment/waste/weee/legis_en.htm and an up to date list of exempt applications can be found at http://www.berr.gov.uk/innovation/sustainability.

These Regulations apply to new electrical and electronic equipment within the categories set out in the Schedule and to electric light bulbs and to luminaires for use in households that are put on the market on or after 1st July 2006 (when the 2006 Regulations came into force: regulation 24(1)).

These Regulations do not apply to—

(a)spare parts for the repair of electrical and electronic equipment or to the reuse of such equipment put on the market before 1st July 2006 (regulation 24(2)); and

(b)the applications of lead, mercury, cadmium, hexavalent chromium and polybrominated diphenyl ethers listed in the Annex to the Directive, as amended from time to time (regulation 5).

General requirements relating to the putting on the market on or after 1st July 2006 of new electrical and electronic equipment are set out in Part 2. New equipment put on the market must not contain more than the permissible maximum concentration values of hazardous substances (regulation 7). Regulation 8 sets out requirements relating to technical documentation.

The Secretary of State has the duty of enforcing the Regulations (regulation 9) and may appoint any person to act on its behalf. The Secretary of State has the power to make test purchases (regulation 10), require production of documents and information (regulation 11) and serve compliance and enforcement notices in cases of suspected non-compliance with the requirements of Part 2 (regulations 14 and 15). Enforcement officers acting on the Secretary of State’s behalf have powers to enter premises and carry out various information-gathering functions (regulations 12 and 13).

Any person who contravenes or fails to comply with the requirements of Part 2 or an enforcement notice shall be guilty of an offence; there are also procedural offences of obstruction and providing false or misleading information (regulation 16). Penalties for such offences are set out in regulation 17. The current maximum fine under level 5 on the standard scale is £5000. Where regulation 7 has been contravened, the court may also order the defendant to take remedial action or pay the costs of the Secretary of State’s investigation (regulations 18 and 19). Proceedings in relation to offences may be commenced within 12 months of the offence being committed (regulation 20). A defence of due diligence is provided in regulation 21 and the liability of persons other than the principal offender is set out in regulation 22. There is provision for service of documents under the Regulations under regulation 23.

These Regulations will be included amongst the subordinate legislation which has been specified for the purposes of Part 9 of the Enterprise Act 2002 relating to the disclosure of information (regulation 26).

An Impact Assessment (IA) in respect of these Regulations is available and a copy can be obtained from the Department for Business, Enterprise and Regulatory Reform. As these Regulations transpose the Directive, a transposition note (TN) setting out how the Government will transpose the Directive into UK law has been prepared. Copies of the IA and TN are available from the Enterprise and Business Group, Department for Business, Enterprise and Regulatory Reform, 1 Victoria Street, London SW1H 0ET. Copies of these documents have been placed in the libraries of both Houses of Parliament.