The Restriction of the Use of Certain Hazardous Substances in
Electrical and Electronic Equipment Regulations 2005 will come into
force on 1st July 2006.
The term “electrical and electronic equipment” (EEE) is defined
in the Regulations, but includes such products as freezers,
microwaves, coffee machines, IT and telecoms equipment, radios,
TVs, light bulbs, drills, sewing machines, car racing sets and
automatic dispensers.
The new rules oblige producers not to put EEE containing more
than a set amount of hazardous substances – such as lead, mercury
and cadmium – on the EU market after 1st July 2006.
Producers must hold documentation confirming compliance with the
Regulations for four years after placing the equipment on the
market.
The Regulations do not apply to spare parts for equipment or the
re-use of equipment that was already on the market before that
date.
The Regulations implement one of two European Directives brought
in to tackle the environmental problems caused by a growing
mountain of electronic and electrical waste.
The first of these, the European Directive on Waste from
Electrical and Electronics Equipment (WEEE), came into effect on
13th August. This Directive sets criteria for the collection,
treatment, recycling and recovery of waste electrical and
electronic equipment.
The second, the Directive on the Restriction of the Use of
Hazardous Substances (RoHS Directive), regulates the dismantling
and recycling of waste electrical and electronic equipment by
restricting the use of hazardous substances used in their
manufacture.
Member States were supposed to have implementing legislation for
both Directives in place by August 2004. The UK missed the
deadline, blaming its delay on difficulties in publishing the draft
regulations and guidance notes. In August 2005 it warned that major
parts of the WEEE Directive would not come into force until June
next year, and has not yet published the Regulations that will
implement it.
But the Regulations implementing the RoHS Directive were laid
before Parliament on 7th October and will meet their
implementation deadline.
Disclaimer: We hope you find OUT-LAW’s content useful. It’s prepared by the lawyers at Pinsent Masons. Please remember, though, that it’s intended as general information only. It’s not legal advice. If that’s what you’re seeking, please
contact us. See also: our
full disclaimer