PART 2U.K.APPLICATION

Application during the transitional periodU.K.

5.—(1) During the transitional period, these Regulations apply to EEE that is within the numbered categories set out in Schedule 1.

(2) Schedule 2 is an indicative list of those types of EEE which fall within the numbered categories set out in Schedule 1.

Application from 1st January 2019U.K.

[F16.—(1) From 1st January 2019, subject to regulations 7 and 8, these Regulations apply to all EEE.

(2) Schedule 3 (categories of EEE) has effect.

(3) Schedule 4 is a non-exhaustive list of those types of EEE which fall within each of the numbered categories set out in Schedule 3.]

ExemptionsU.K.

7.  These Regulations do not apply to EEE which is—

(a)necessary for the protection of the essential interests of the security of [F2the United Kingdom], including arms, munitions and war material intended for specifically military purposes;

(b)specifically designed and installed as part of another type of equipment that is excluded from or does not fall within the scope of [F3these Regulations], which can fulfil its function only if it is part of that equipment;

(c)filament bulbs.

ExclusionsU.K.

8.  These Regulations do not apply to the following EEE—

(a)equipment designed to be sent into space;

(b)large-scale stationary tools;

(c)large-scale fixed installations;

(d)any EEE constituting a means of transport for persons or goods, excluding electric two wheeled vehicles which are not type-approved;

(e)non-road mobile machinery made available exclusively for professional use;

(f)equipment specifically designed solely for the purposes of research and development that is only made available on a business-to-business basis;

(g)medical devices and in vitro diagnostic devices, where such devices are expected to be infective prior to end of life, and active implantable medical devices.

First compliance periodU.K.

9.  These Regulations will apply in relation to the first compliance period in accordance with the provisions set out in Schedule 5.

[F4Retained EU law etc]U.K.

10.  Nothing in these Regulations will affect the application of [F5retained EU law and, in relation to Northern Ireland, EU legislation which has effect by virtue of the Protocol on Ireland/Northern Ireland in the EU withdrawal agreement,] imposing requirements on—

(a)safety and health;

(b)chemicals, in particular Regulation (EC) No 1907/2006 of the European Parliament and of the Council of 18th December 2006 concerning the Registration, Evaluation, Authorisation and Restriction of Chemicals (REACH), establishing a European Chemicals Agency;

(c)waste management; or

(d)product design.