The Restriction of
the Use of Certain Hazardous Substances in Electrical and
Electronic Equipment (Amendment) Regulations 2019
Laid before Parliament 7th March 2019
Coming into force 12th June 2019
These Regulations implement Directive (EU)
2017/2102 of the European Parliament and of the Council
(OJ No L305, 21.11.2017, p8) (“the amending Directive”), which
amends Directive
2011/65/EU (recast) (OJ No L174, 01.07.2011, p88) (“the
2011 Directive”). The 2011 Directive seeks to reduce the risks
posed by hazardous substances to health and the environment by
imposing harmonised restrictions. The 2011 Directive was
implemented in the United Kingdom by the Restriction of the Use
of Certain Hazardous Substances in Electrical and Electronic
Equipment Regulations 2012 (S.I. 2012/3032), as amended
(“the 2012 Regulations”). These Regulations amend the 2012
Regulations.
Regulation 3 inserts a definition of the “2002 Directive” which
is used in the amendments to paragraphs 22 and 23 of Schedule 1
to the 2012 Regulations, inserted by regulation 6(3). Regulation
6(3)(b)(i)(bb) and (ii) makes consequential amendments to
paragraph 23. Regulation 3 also updates the definition of “the
Directive” in regulation 2 of the 2012 Regulations by
substituting a reference to Commission Delegated
Directive (EU) 2019/178 (OJ No L 33, 5.2.2019, p. 32),
which is the most recent amending Directive.
Regulation 5 omits regulation 6 of the 2012 Regulations,
consequential on the amendment of paragraph 22 of Schedule 1 to
the 2012 Regulations, which is made by regulation 6(3)(a).
Regulation 4 makes a consequential amendment, removing a
cross-reference to regulation 6 of the 2012 Regulations.
Regulation 6 amends Schedule 1 to the 2012 Regulations so as to
amend the scope of those Regulations in respect of the electrical
and electronic equipment (“EEE”) covered. Paragraph (2) amends
Part 2 (EEE to which the Regulations do not apply) by amending
the definition of non-road machinery and adding pipe organs.
Paragraph (3) amends Part 3 (categories of EEE with special rules
of application) so as to extend the exclusions from scope in
relation to secondary market operations, cables and spare parts,
including reused spare parts.
