Out-Law News 1 min. read

Hazardous substances regulations approved


New rules to facilitate the dismantling and recycling of waste electrical and electronic equipment by restricting the use of hazardous substances used in their manufacture have been approved by Parliament.

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.

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