Statutory Instruments
2019 No. 492
Environmental Protection
The Restriction of the Use of Certain Hazardous Substances in Electrical and Electronic Equipment (Amendment) Regulations 2019
Made
4th March 2019
Laid before Parliament
7th March 2019
Coming into force
12th June 2019
The Secretary of State makes these Regulations in exercise of the powers conferred by section 2(2) of the European Communities Act 1972( 1 ).
The Secretary of State is a Minister designated for the purposes of section 2(2) of that Act in relation to the restriction of the use of hazardous substances in electrical and electronic equipment( 2 ).
Citation and commencement
1. These Regulations may be cited as the Restriction of the Use of Certain Hazardous Substances in Electrical and Electronic Equipment (Amendment) Regulations 2019 and come into force on 12th June 2019.
Amendments to the Restriction of the Use of Certain Hazardous Substances in Electrical and Electronic Equipment Regulations 2012
2. The Restriction of the Use of Certain Hazardous Substances in Electrical and Electronic Equipment Regulations 2012( 3 ) are amended as set out in regulations 3 to 6.
Amendment to regulation 2
3. In regulation 2—
(a) at the appropriate place, insert—
“ “2002 Directive” means Directive 2002/95/EC of the European Parliament and of the Council on the restriction of the use of certain hazardous substances in electrical and electronic equipment ( 4 ) ” ;
(b) in the definition of “the Directive” for “ 5 ).
Amendment to regulation 5
4. In regulation 5(1) omit “and regulation 6”.
Omission of regulation 6
5. Regulation 6 is omitted.
Amendments to Schedule 1
6. —(1) Schedule 1 is amended as follows.
(2) In Part 2—
(a) in paragraph 18, after “power source” insert “or with a traction drive powered by an external power source”;
(b) after paragraph 21, insert—
“ 21A. Pipe organs. ” .
(3) In Part 3—
(a) in paragraph 22—
(i) at the end of sub-paragraph (b) omit “and”;
(ii) after sub-paragraph (c) insert—
“ and
(d) to all other EEE that was outside the scope of the 2002 Directive and which is placed on the market before 22nd July 2019. ” ;
(b) in paragraph 23—
(i) in sub-paragraph (1)—
(aa) after paragraph (e) insert—
“ (ea) all other EEE that was outside the scope of the 2002 Directive and which is placed on the market before 22nd July 2019; ” ;
(bb) in paragraph (f), for “previous Directive” substitute “2002 Directive”;
(ii) omit sub-paragraph (2);
(c) for paragraph 24 substitute—
“ 24. Provided that reuse takes place in auditable closed-loop business-to-business return systems, and that the reuse of spare parts is notified to the consumer, regulations 3(1), 10, 15, 19, 20, 21, 22, 23, 25, 26, 27 and 28 do not apply to reused spare parts—
(a) recovered from EEE placed on the market before 1st July 2006 and used in EEE placed on the market before 1st July 2016;
(b) recovered from medical devices or monitoring and control instruments placed on the market before 22nd July 2014 and used in EEE placed on the market before 22nd July 2024;
(c) recovered from in vitro diagnostic medical devices placed on the market before 22nd July 2016 and used in EEE placed on the market before 22nd July 2026;
(d) recovered from industrial monitoring and control instruments placed on the market before 22nd July 2017 and used in EEE placed on the market before 22nd July 2027;
(e) recovered from all other EEE that was outside the scope of the 2002 Directive and which is placed on the market before 22nd July 2019, and used in EEE placed on the market before 22nd July 2029. ” .
Thérèse Coffey
Parliamentary Under Secretary of State
Department for Environment, Food and Rural Affairs
4th March 2019
1972 c 68 ; section 2(2) was amended by section 27(1)(a) of the Legislative and Regulatory Reform Act 2006 (c.51) and Part 1 of Schedule 1 to the European Union (Amendment) Act 2008 (c. 7) . It is prospectively repealed by section 1 of the European Withdrawal) Act 2018 (c. 16) .
S.I. 2004/706 . It is prospectively revoked by regulation 2 of S.I./2018/1011 .
S.I. 2012/3032 , amended by S.I. 2018/942 ; there is another amending instrument but it is not relevant. It is prospectively amended by S.I. 2019/188 .
OJ No. L 37, 13.02.2003, p 19.
OJ No L 33, 5.2.2019, p 32.