UK Statutory Instrument
2012
United Kingdom
Restriction of the Use of Certain Hazardous Substances in Electrical and Electronic Equipment Regulations 2012 (as amended)
These Regulations implement Directive 2011/65/EU of the European Parliament and of the Council of 8 June 2011 on the restriction of the use of certain hazardous substances in electrical and electronic equipment (recast) (OJ No L174, 01.07.2011, p88). The Directive imposes harmonised restrictions on the use of certain listed hazardous substances in 11 categories of electrical and electronic equipment. It also requires the use of EU declarations of conformity and CE marking, and provides for market surveillance. The Directive seeks to reduce the risks posed by hazardous substances to health and the environment. Show full description Show less
At a glance
Enforced by
What's here
31 compliance obligations, 2 practical guides
Penalty landscape
8 of 31 obligations carry an unlimited fine. 3 carry different penalties and 20 have no criminal penalty — flagged in the list below.
Who this Act binds
Business-side actors with duties under this Act, ranked by how often they appear.
- Manufacturer 15
- Trader 10
- Any Person 5
- Director or Officer 1
Relevant guidance
Practical guides for businesses affected by this Act, ordered by how closely they engage with it.
Supporting — topic alignment
2 guidesOther Acts binding the same actors
For each actor bound by this Act, the other UK Acts that bind them most often. Useful for understanding the full compliance landscape facing each role.
Manufacturers also bound by 50 other Acts (top 5 shown)
- Human Medicines Regulations 2012 2012 91 duties
- Medical Devices Regulations 2002 2002 37 duties
- UK REACH Regulation (retained EU law) 2006 26 duties
- Toys (Safety) Regulations 2011 2011 25 duties
- Radio Equipment Regulations 2017 2017 24 duties
Traders also bound by 248 other Acts (top 5 shown)
- Value Added Tax Regulations 1995 1995 928 duties
- The Customs (Import Duty) (EU Exit) Regulations 2018 2018 93 duties
- Space Industry Regulations 2021 2021 70 duties
- Council Directive 2006/112/EC (EU VAT Directive - retained for reference) 2006 67 duties
- Payment Services Regulations 2017 2017 58 duties
Any Person also bound by 487 other Acts (top 5 shown)
- Insolvency (England and Wales) Rules 2016 2016 162 duties
- Air Navigation Order 2016 2016 106 duties
- Merchant Shipping Act 1995 1995 104 duties
- Road Traffic Act 1988 1988 101 duties
- Licensing Act 2003 2003 92 duties
Directors and Officers also bound by 166 other Acts (top 5 shown)
- Companies Act 2006 2006 108 duties
- Insolvency (England and Wales) Rules 2016 2016 51 duties
- Insolvency Act 1986 1986 34 duties
- Charities Act 2011 2011 25 duties
- CAICEA 2004 2004 23 duties
What this Act requires
Sections that create concrete duties on businesses or carry penalties. Procedural and definitional sections are folded into the “Browse other sections” expander at the bottom of each group. Click any section title to read the source text on legislation.gov.uk.
Schedules
Categories of EEE to which these Regulations apply
- Maintain internal production control and technical documentation for EEE Manufacturer
Browse 1 other Schedule — structural / supplementary
Declaration of conformity
Prohibitions on placing EEE on the market
2 years imprisonment- Ensure EEE complies with all regulations before market placement Manufacturer
Design and manufacture of EEE
- Design and manufacture EEE to meet regulatory requirements Manufacturer
Conformity assessment procedure and drawing up of technical documentation
- Prepare technical documentation and run internal production control Manufacturer
... Declaration of conformity and UK marking
- Prepare declaration of conformity and affix UK marking Manufacturer
s.14
- Maintain up‑to‑date Declaration of Conformity for your EEE Manufacturer
Duty to keep technical documentation and EU declaration of conformity
- Retain technical files and EU declaration for 10 years Manufacturer
EEE to bear UK marking
- Affix UK conformity marking to your electronic equipment Manufacturer
Compliance procedures for series production
- Maintain compliance procedures for series‑produced EEE Manufacturer
Information identifying EEE and manufacturer
- Mark electronic equipment with identification and contact details Manufacturer
Register of EEE
- Keep register of non‑compliant or recalled EEE and inform distributors Manufacturer
Non-compliant EEE
- Correct and report non‑compliant electrical equipment Manufacturer
Co-operation with the authorities
Unlimited fine- Provide information and cooperate with market surveillance authority Manufacturer
Manufacturers’ authorised representatives
- Appoint a UK authorised representative for certain regulatory duties Manufacturer
Prohibition on placing EEE on the market
Unlimited fine- Ensure imported EEE complies before placing on the market Trader
Information identifying importers
- Mark your name and address on imported EEE Trader
Monitoring of EEE
- Keep a register of non‑compliant or recalled EEE Trader
Non-compliant EEE
- Report and correct non‑compliant electrical equipment Trader
Retention of documentation and co-operation with the authorities
- Keep EEE conformity documents for 10 years and cooperate with authorities Trader
Duty in certain circumstances to comply with manufacturers’ duties in place of importers’ duties
Unlimited fine- Comply with manufacturer duties when importing under your own brand Trader
Duty to act with due care and prohibition on making EEE available on the market
- Verify compliance before placing electrical/electronic equipment on market Trader
Non-compliant EEE
- Notify relevant parties and take corrective action for non‑compliant electrical equipment Trader
Co-operation with the authorities
Unlimited fine- Provide information and cooperate with market surveillance authority when requested Trader
Duty in certain circumstances to comply with manufacturers’ duties in place of distributors’ duties
- Comply with manufacturer duties when you modify EEE Trader
Identification of economic operators to the market surveillance authority
- Provide supply‑chain details to market surveillance authority when requested Manufacturer
Protection of UK marking
2 years imprisonment- Affix UK marking without proper authority or compliance Any Person
Obstruction, etc.
Unlimited fine- Obstruct authorised surveillance officer or give false compliance information Any Person
Penalties
Unlimited fine- Breach hazardous substance restrictions in electrical equipment Any Person
Remediation orders
2 years imprisonment- Fail to comply with a court remediation order Any Person
Recovery of expenses of enforcement
Unlimited fine- Liability for enforcement and investigation costs Any Person
Liability of persons other than the principal offender
Unlimited fine- Be held liable for another's hazardous‑substance offence Director or Officer
Browse 23 other sections — procedural / definitional / commencement
Interpretation
Restriction on the use of certain hazardous substances in EEE
Definition of EEE
EEE to which these Regulations apply
Exclusion until 22nd July 2019 for EEE outside the scope of the 2008 Regulations
Revocation and transitional arrangements
Existing legislation
Presumption of conformity for EEE
Market surveillance authority
Market surveillance powers
Offences
Time limit for prosecution of offences
Defence of due diligence
Service of documents
Review
Consequential amendments
Applications exempted from the restriction in regulation 3(1)
Further use of the UK marking
Interpretation: designated standard
Modifications to the Directive
Obligations which are met by complying with obligations in the Directive
Qualifying Northern Ireland goods
Restricted substances referred to in regulation 3 and maximum concentration values tolerated by weight in homogeneous materials
Enforcement and responsible bodies
The regulators that administer or enforce this legislation.
Office for Product Safety and Standards
Product safety regulator responsible for ensuring consumer products are safe. Enforces product safety regulations, UKCA marking requirements, and works with market surveillance …
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Regulators
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