Electronic Equipment Regulations, 2013

Suppliment tal-Gazzetta tal-Gvern ta’ Malta, Nru. 19,040, 1 ta’ Marzu, 2013

L.N. 84 of 2013

PRODUCT SAFETY ACT

(CAP. 427)

Restriction of Use of Hazardous Substances in Electrical and

Electronic Equipment Regulations, 2013

IN exercise of the powers conferred by articles 38 to 40 of the

Product Safety Act, the Minister for Fair Competition, Small

Business & Consumers, on the advice of the Malta Competition and

Consumer Affairs Authority, has made the following regulations:-

(1)

The title of these regulations is the Restriction of Citation and

Use of Hazardous Substances in Electrical and Electronic Equipment commencement.

Regulations, 2013.

(2) These regulations shall be deemed to have come into force

on the 1st January, 2013.

(1)

These regulations implement the requirements of Scope and

Directive 2011/65/EU of the European Parliament and of the Council applicability.

of 8 th June 2011 on the Restriction of the Use of certain Hazardous

Substances in Electrical Equipment (recast), as amended by

Directives 2012/51/EU and 2011/65/EU of the European Parliament

and of the Council of 10 October 2012 amending, for the purposes of

adapting to technical progress, Annex III to Directive 2011/65/EU of

the European Parliament and of the Council as regards an exemption

for applications containing cadmium and an exemption for

applications containing lead.

(2) These regulations lay down rules on the restriction of the

use of hazardous substances in electrical and electronic equipment

with a view to contributing to the protection of human health and the

environment, including the environmentally sound recovery and

disposal of waste electrical and electronic equipment and shall,

subject to sub-regulation (3), apply to electrical and electronic

equipment falling within the categories set out in Schedule I.

(3) Without prejudice to regulation 4(3) and (4), electrical and

electronic equipment that was outside the scope of Directive 2002/95/

EC, but which does not comply with these regulations, may

nevertheless continue to be made available on the market until the 22

July 2019.

(4) These regulations shall apply without prejudice to the

requirements of European Union legislation on safety and health, and

on chemicals, in particular Regulation (EC) No 1907/2006, as well as

the requirements of specific European Union waste management

legislation.

(5) These regulations shall not apply to

(a)

equipment which is necessary for the protection of

the essential interests of the security of Member States,

including arms, munitions and war material intended for

specifically military purposes;

(b)

equipment designed to be sent into space;

(c)

equipment which is specifically designed, and is to

be installed, as part of another type of equipment that is

excluded or does not fall within the scope of these regulations,

which can fulfil its function only if it is part of that equipment,

and which can be replaced only by the same specifically

designed equipment;

(d)

large-scale stationary industrial tools;

(e)

large-scale fixed installations;

(f)

means of transport for persons or goods, excluding

electric two-wheel vehicles which are not type-approved;

(g)

non-road mobile machinery

made

available

exclusively for professional use;

(h)

active implantable medical devices;

(i)

photovoltaic panels intended to be used in a system

that is designed, assembled and installed by professionals for

permanent use at a defined location to produce energy from

solar light for public, commercial, industrial and residential

applications;

(j)

equipment specifically designed solely for the

purposes of research and development only made available on a

business-to-business basis.

In these regulations, unless the context otherwise requires

"authorised representative" means any natural or legal person

established within the European Union who has received a written

mandate from a manufacturer to act on his behalf in relation to

specified tasks;

"availability of a substitute" means the ability of a substitute to

be manufactured and delivered within a reasonable period of time as

compared with the time required for manufacturing and delivering the

substances listed in Schedule II;

"active implantable medical device" means any active

implantable medical device within the meaning of regulation 3 of

Active Implantable Medical Devices Regulations;

"cables" means all cables with a rated voltage of less than 250

volts that serve as a connection or an extension to connect electrical

and electronic equipment to the electrical outlet or to connect two or

more electrical and electronic equipment to each other;

"CE marking" means a marking by which the manufacturer

indicates that the product is in conformity with the applicable

requirements set out in European Union harmonisation legislation

providing for its affixing;

"competent authority" means Malta Competition and Consumer

Affairs Authority established by the Malta Competition and Cap. 510

Consumer Affairs Authority Act;

"conformity assessment" means the process demonstrating

whether the requirements of these regulations relating to an electrical

and electronic equipment, are met;

"dependent", within the context of the definition "electrical and

electronic equipment" means the need of electric currents or

electromagnetic fields to fulfil at least one intended function;

"distributor" means any natural or legal person in the supply

chain, other than the manufacturer or the importer, who makes

electrical and electronic equipment available on the market;

"economic operators" means the manufacturer, the authorised

representative, the importer and the distributor;

"electrical and electronic equipment" means equipment which is

dependent on electric currents or electromagnetic fields in order to

work properly and equipment for the generation, transfer and

measurement of such currents and fields and designed for use with a

voltage rating not exceeding 1000 volts for alternating current and

1500 volts for direct current;

"harmonised standard" means a standard adopted by one of the

European standardisation bodies listed in Annex I to Directive 98/34/

EC of the European Parliament and of the Council of 22 June 1998

laying down a procedure for the provision of information in the field

of technical standards and regulations and of rules on Information

Society services on the basis of a request made by the Commission in

accordance with Article 6 of Directive 98/34/EC;

"homogeneous material" means one material of uniform

composition throughout or a material, consisting of a combination of

materials, that cannot be disjointed or separated into different

materials by mechanical actions such as unscrewing, cutting,

crushing, grinding and abrasive processes;

"importer" means any natural or legal person established within

the European Union, who places an electrical and electronic

equipment from a third country on the European Union market;

"in vitro diagnostic medical device’ means an in vitro diagnostic

medical device within the meaning of regulation 3 of the In Vitro

Diagnostic Medical Devices Regulations;

"industrial monitoring and control instruments" means

monitoring and control instruments designed for exclusively

industrial or professional use;

"large-scale fixed installation" means a large-scale combination

of several types of apparatus and, where applicable, other devices,

which are assembled and installed by professionals, intended to be

used permanently in a pre-defined and dedicated location, and de-

installed by professionals;

"large-scale stationary industrial tools" means a large-scale

assembly of machines, equipment, and, or components, functioning

together for a specific application, permanently installed and de-

installed by professionals at a given place, and used and maintained

by professionals in an industrial manufacturing facility or research

and development facility;

"making available on the market" means any supply of electrical

and electronic equipment for distribution, consumption or use on the

European Union market in the course of a commercial activity,

whether in return for payment or free of charge;

"manufacturer" means any natural or legal person who

manufactures electrical and electronic equipment or who has

electrical and electronic equipment designed or manufactured and

markets it under his name or trademark;

"market surveillance" means the activities carried out and

measures taken by the Division to ensure that electrical and electronic

equipment complies with the requirements set out in these regulations

and does not endanger health, safety or other issues of public interest

protection;

"medical device" means a medical device within the meaning of

regulation 3 of the Medical Devices Regulations and includes S.L. 427. 44

electrical and electronic equipment;

"non-road mobile machinery made available exclusively for

professional use" means machinery, with an on-board power source,

the operation of which requires either mobility or continuous or semi-

continuous movement between a succession of fixed working

locations while working, and is made available exclusively for

professional use;

"placing on the market" means making available an electrical

and electronic equipment on the European Union market for the first

time;

"recall" means any measure aimed at achieving the return of a

product that has already been made available to the end user;

"reliability of a substitute" means the probability that an

electrical and electronic equipment using a substitute will perform a

required function without failure under stated conditions for a stated

period of time;

"spare part" means a separate part of an electrical and electronic

equipment that can replace a part of an electrical and electronic

equipment. The electrical and electronic equipment cannot function

as intended without that part of the electrical and electronic

equipment. The functionality of electrical and electronic equipment is

restored or is upgraded when the part is replaced by a spare part;

"Technical Regulations Division" means the Technical

Regulations Division established by article 19 of the Malta Cap. 510.

Competition and Consumer Affairs Authority Act, hereinafter

referred to as "the Division";

"technical specification" means a document that prescribes

technical requirements to be fulfilled by a product, process or service;

"withdrawal" means any measure aimed at preventing a product

in the supply chain from being made available on the market.

(1)

The competent authority shall ensure that electrical Prevention.

and electronic equipment placed on the market, including cables and

spare parts for its repair, its reuse, updating of its functionalities or

upgrading of its capacity, does not contain the substances listed in

(2) For the purposes of these regulations, the maximum

concentration value by weight in homogeneous materials as specified

in Schedule II shall be tolerated.

(3) Sub-regulation (1) shall apply to medical devices and

monitoring and control instruments which are placed on the market

from 22 July 2014, to in vitro diagnostic medical devices which are

placed on the market from 22 July 2016 and to industrial monitoring

and control instruments which are placed on the market from 22 July

2017. (4) Sub-regulation (1) shall not apply to

(a)

cables or spare parts for the repair, the reuse, the

updating of functionalities or upgrading of capacity of the

(i) electrical and electronic equipment placed on

the market before 1 July 2006;

(ii) medical devices placed on the market before

22 July 2014;

(iii) in vitro diagnostic medical devices placed on

the market before 22 July 2016;

(iv) monitoring and control instruments placed on

the market before 22 July 2014;

(v) industrial monitoring and control instruments

placed on the market before 22 July 2017;

(vi) electrical and electronic equipment which

benefited from an exemption and which was placed on the

market before that exemption expired as far as that specific

exemption is concerned.

(b)

reused spare parts, recovered from electrical and

electronic equipment placed on the market before 1 July 2006

and used in equipment placed on the market before 1 July 2016

Provided that reuse takes place in auditable closed-

loop business-to-business return systems, and that the reuse of

parts is notified to the consumer; and

(c)

to the applications listed in Schedules III and IV.

The

competent

authority

shall

ensure

that

all Obligations of

manufacturers.

manufacturers

(a)

ensure, when placing electrical and electronic

equipment on the market, that the equipment has been designed

and manufactured in accordance with the requirements set out in

regulation 4;

(b)

draw up the required technical documentation and

carry out the internal production control procedure in line with

module A of Annex II to Decision No 768/2008/EC or have it

carried out;

(c)

draw up, where compliance of electrical and

electronic equipment with the applicable requirements has been

demonstrated by the procedure referred to in paragraph (b), an

EU declaration of conformity and affix the CE marking on the

finished product. Where other applicable European Union

legislation requires the application of a conformity assessment

procedure which is at least as stringent, compliance with the

requirements of paragraph (b) may be demonstrated within the

context of that procedure. A single technical documentation

may be drawn up;

(d)

keep the technical documentation and the EU

declaration of conformity for ten years after the electrical and

electronic equipment has been placed on the market;

(e)

furthermore ensure that procedures are in place for

series production to remain in conformity. Changes in product

design or characteristics and changes in the harmonised

standards or in technical specifications by reference to which

conformity of electrical and electronic equipment is declared

shall be adequately taken into account;

(f)

keep a register of non-conforming electrical and

electronic equipment and product recalls, and keep distributors

informed thereof;

(g)

furthermore ensure that their electrical and

electronic equipment bears a type, batch or serial number or

other element allowing its identification, or, where the size or

nature of the electrical and electronic equipment does not allow

it, that the required information is provided on the packaging or

in a document accompanying the electrical and electronic

equipment;

(h)

indicate their name, registered trade name or

registered trade mark and the address at which they can be

contacted on the electrical and electronic equipment or, where

that is not possible, on its packaging or in a document

accompanying the electrical and electronic equipment. The

address must indicate a single point at which the manufacturer

can be contacted. Where other applicable European Union

legislation contains provisions for the affixing of the

manufacturer’s name and address which are at least as stringent,

those provisions shall apply;

(i)

who consider or have reason to believe that

electrical and electronic equipment which they have placed on

the market is not in conformity with these regulations,

immediately take the necessary corrective measures to bring

that electrical and electronic equipment into conformity, to

withdraw it or recall it, if appropriate, and immediately inform

the Division, giving details, in particular, of the non-compliance

and of any corrective measures taken;

(j)

provide, further to a reasoned request from the

Division, all the information and documentation necessary to

demonstrate the conformity, with these regulations, of the

electrical and electronic equipment in either Maltese or English,

and that they cooperate with the Division at its request, on any

action taken to ensure compliance with these regulations of

electrical and electronic equipment which they have placed on

the market.

The competent authority shall ensure that

(a)

manufacturers have the possibility to appoint an

authorised representative by written mandate. The obligations

laid down in regulation 5(a) and the drawing up of technical

documentation shall not form part of the authorised

representative’s mandate;

(b)

authorised representatives perform the tasks

specified in the mandate received from the manufacturer and the

mandate shall specify, that authorised representatives

(i) keep, at the disposal of the Division for ten

years following the placing on the market of the electrical

and electronic equipment, all EU declarations of

conformity and technical documentation;

(ii) provide, further to a reasoned request from

the Division, all the information and documentation

necessary to demonstrate conformity with these

regulations;

(iii) cooperate, at the request of the Division, on

any action taken to ensure compliance with these

regulations of all electrical and electronic equipment

covered by their mandate.

The competent authority shall ensure that all importers

Obligations of

importers.

(a)

place only electrical and electronic equipment

which complies with these regulations on the European Union

market;

(b)

ensure, before placing an electrical and electronic

equipment on the market, that the appropriate conformity

assessment procedure has been carried out by the manufacturer,

and that they further ensure that the manufacturer has drawn up

the technical documentation, that the electrical and electronic

equipment bears the CE marking and is accompanied by the

required documents, and that the manufacturer has complied

with the requirements set out in regulation 5(f) and (g);

(c)

do not place any equipment on the market until the

equipment has been brought in conformity with these

regulations in the case where the importers consider or have

reason to believe that the electrical and electronic equipment is

not in conformity with regulation 4 and they shall inform the

manufacturer and the Division to that effect;

(d)

indicate their name, registered trade name or

registered trade mark and the address where they can be

contacted, on the electrical and electronic equipment or, where

this is not possible, on its packaging or in a document

accompanying the electrical and electronic equipment. Where

other applicable European Union legislation contains provisions

regarding the affixing of the importer’s name and address which

they deem to be less stringent, those provisions shall apply;

(e)

keep, in order to ensure compliance with these

regulations, a register of non-compliant electrical and electronic

equipment and electrical and electronic equipment recalls, and

keep distributors informed thereof;

(f)

who consider or have reason to believe that any

electrical and electronic equipment which they have placed on

the market is not in conformity with these regulations,

immediately take the corrective measures necessary to bring

that equipment in conformity with these regulations, to

withdraw it or recall it, as appropriate, and immediately inform

the Division, giving details, in particular, of the non-compliance

and of any corrective measures taken;

(g)

keep, at the disposal of the Division for ten years

following the placing on the market of the electrical and

electronic equipment, a copy of the EU declaration of

conformity and furthermore they must ensure that any technical

documentation will be made available upon request;

(h)

provide, further to a reasoned request from the

Division, all the information and documentation necessary to

demonstrate the conformity with these regulations of the

electrical and electronic equipment in either Maltese or English,

and that they cooperate with the Division at its request, on any

action taken to ensure compliance with these regulations of

electrical and electronic equipment which they have placed on

the market.

The competent authority shall ensure that distributors

(a)

act, when making available on the market any

electrical and electronic equipment, with due care in relation to

the requirements applicable in particular by verifying that the

electrical and electronic equipment bears the CE marking, that it

is accompanied by the required documents in either Maltese or

English, and that the manufacturer and the importer have

complied with the requirements set out in regulation 5(g) and

(h) and in regulation 7(d);

(b)

do not make available on the market any

equipment, until the equipment has been brought in conformity

with regulation 4 in the case where the distributors consider or

have reason to believe that the electrical and electronic

equipment is not in conformity with regulation 4 and they shall

inform the manufacturer and the Division to that effect;

(c)

who consider or have reason to believe that

electrical and electronic equipment which they have made

available on the market is not in conformity with these

regulations, make sure that the corrective measures necessary to

bring that equipment in conformity with these regulations, to

withdraw it or recall it, if appropriate, and immediately inform

the Division, giving details, in particular, of the non-compliance

and of any corrective measures taken;

(d)

provide, further to a reasoned request from the

Division, all the information and documentation necessary to

demonstrate the conformity, with these regulations, of the

electrical and electronic equipment, and that they cooperate

with the Division at its request, on any action taken to ensure

compliance with these regulations of electrical and electronic

equipment which they have made available on the market.

Importers or distributors shall be considered as Obligations of

manufacturers for the purposes of these regulations and shall manufacturers

to apply to

furthermore be subject to the provisions of regulation 5 in the case importers

distributors.

where either of them has placed on the market electrical and

electronic equipment under their names or trademarks or modified

any electrical and electronic equipment which has already been

placed on the market in such a way that compliance with the

applicable requirements may be affected.

On request, all economic operators shall identify the Identification of

following to the Division for ten years following the placing on the economic

operators.

market of the electrical and electronic equipment

(a)

any economic operator who has supplied them with

electrical and electronic equipment;

(b)

any economic operator to whom they have supplied

electrical and electronic equipment.

(1)

The EU declaration of conformity shall particularly EU declaration

specify that the requirements specified in regulation 4 have been of conformity.

observed and shall be made in the form and manner as provided in

Schedule VI, either in Maltese or English.

(2) Where other applicable European Union legislation

requires the application of a conformity assessment procedure which

is less stringent, compliance with the requirements of regulation 4(1)

may be demonstrated within the context of that procedure. A single

technical documentation may be drawn up.

(3) By drawing up the EU declaration of conformity, the

manufacturer shall assume responsibility for the compliance with

these regulations of any electrical and electronic equipment.

(1)

CE markings shall be subject to the general General

principles set out in Article 30 of Regulation (EC) No 765/2008 and principles

CE marking.

shall be

(a)

affixed visibly, legibly and indelibly to the finished

electrical and electronic equipment or to its data plate. Where

this is not possible or not warranted on account of the nature of

the electrical and electronic equipment, it shall be affixed to the

packaging and to the accompanying documents;

(b)

duly affixed before the electrical and electronic

equipment is placed on the market.

(2) The Division shall build upon existing mechanisms to

ensure the correct application of the regime governing the CE

marking and take appropriate action in the event of improper use of

the CE marking.

(1)

In the absence of evidence to the contrary, the

Division shall presume electrical and electronic equipment bearing

the CE marking to comply with these regulations .

(2) Materials, components and electrical and electronic

equipment on which tests and measurements demonstrating

compliance with the requirements of regulation 4 have been

performed, or which have been assessed, in accordance with

harmonised standards, the references of which have been published in

the Official Journal of the European Union, shall be presumed to

comply with the requirements of these regulations.

(1)

Where it is considered that a harmonised standard

does not entirely satisfy the requirements which it covers and which

are set out in regulation 4, the Division shall bring the matter before

the Committee, set up pursuant to Article 5 of Directive 98/34/EC,

giving its arguments, and requesting the Committee to deliver its

opinion without delay, after consulting the relevant European

standardisation bodies.

(2) In the light of the Committee’s opinion, the Division shall

decide to publish, not to publish, to publish with restriction, to

maintain, to maintain with restriction or to withdraw the references to

the harmonised standard concerned.

(3) On the basis of the Committee’s opinion, the Commission

may inform the relevant European standardisation body and, if

necessary, request the revision of the harmonised standards

concerned.

The Division shall carry out market surveillances in

accordance with Articles 15 to 29 of Regulation (EC) No 765/2008.

Any person who contravenes the provisions of these Offences and

regulations shall be guilty of an offence and shall, on conviction, be penalties.

liable to the penalties established by the Product Safety Act.

The Restriction of Use of Hazardous Substances in Revocation.

Electrical and Electronic Equipment Regulations, 2004, are hereby L.N.

396 of

2004. revoked.

Schedule I

Categories of Electrical and Electronic Equipment covered by these regulations

1. Large household appliances

2. Small household appliances

3. IT and telecommunications equipment

4. Consumer equipment

5. Lighting equipment

6. Electrical and electronic tools

7. Toys, leisure and sports equipment

8. Medical devices

9. Monitoring and control instruments including industrial monitoring and

control instruments

10. Automatic dispensers

11. Other Electrical and Electronic Equipment not covered by any of the

categories above.

Schedule II

Restricted substances referred to in regulation 4(1) and maximum concentration

values tolerated by weight in homogeneous materials

Lead (0,1%)

Mercury (0,1%)

Cadmium (0,01%)

Hexavalent chromium (0,1%)

Polybrominated biphenyls (PBB) (0,1%)

Polybrominated diphenyl ethers (PBDE) (0,1%)

Schedule III

Applications exempted from the restriction in regulation 4(1)

Exemption

Scope and dates of applicability

1. Mercury

in

single

capped

(compact) fluorescent lamps not

exceeding (per burner)

1(a) For general lighting purposes < Expires on 31 December 2011; 3,5 mg

30 W: 5 mg

may be used per burner after 31

December 2011 until 31 December

2012; 2,5 mg shall be used per burner

after 31 December 2012

1(b) For general lighting purposes ≥ Expires on 31 December 2011; 3,5 mg

30 W and < 50 W: 5 mg

may be used per burner after 31

December 2011

1(c) For general lighting purposes ≥

50 W and < 150 W: 5 mg

1(d) For general lighting purposes ≥

150 W: 15 mg

1(e) For general lighting purposes No limitation of use until 31 December

with circular or square structural 2011; 7 mg may be used per burner after

shape and tube diameter ≤ 17 31 December 2011

mm

1(f) For special purposes: 5 mg

2(a) Mercury in double-capped linear

fluorescent lamps for general

lighting purposes not exceeding

(per lamp)

2(a)(1) Tri-band phosphor with normal Expires on 31 December 2011; 4 mg

lifetime and a tube diameter < 9 may be used per lamp after 31 December

mm (e.g. T2): 5 mg

2(a)(2) Tri-band phosphor with normal Expires on 31 December 2011; 3 mg

lifetime and a tube diameter ≥ 9 may be used per lamp after 31 December

mm and ≤ 17 mm (e.g. T5): 5 2011

mg

2(a)(3) Tri-band phosphor with normal Expires on 31 December 2011; 3,5 mg

lifetime and a tube diameter > may be used per lamp after 31 December

17 mm and ≤ 28 mm (e.g. T8): 2011

5 mg

2(a)(4) Tri-band phosphor with normal Expires on 31 December 2012; 3,5 mg

lifetime and a tube diameter > may be used per lamp after 31 December

28 mm (e.g. T12): 5 mg

2(a)(5) Tri-band phosphor with long Expires on 31 December 2011; 5 mg

lifetime (≥ 25 000 h): 8 mg

may be used per lamp after 31 December

2(b) Mercury in other fluorescent

lamps not exceeding (per lamp)

2(b)(1) Linear halophosphate lamps Expires on 13 April 2012

with tube > 28 mm (e.g. T10

and T12): 10 mg

2(b)(2) Non-linear

halophosphate Expires on 13 April 2016

lamps (all diameters): 15 mg

2(b)(3) Non-linear tri-band phosphor No limitation of use until 31 December

lamps with tube diameter > 17 2011; 15 mg may be used per lamp after

mm (e.g. T9)

31 December 2011

2(b)(4) Lamps for other general No limitation of use until 31 December

lighting and special purposes 2011; 15 mg may be used per lamp after

(e.g. induction lamps)

31 December 2011

3 Mercury

in

cold

cathode

fluorescent lamps and external

electrode fluorescent lamps (CCFL

and EEFL) for special purposes not

exceeding (per lamp)

3(a) Short length (≤ 500 mm)

No limitation of use until 31 December

2011; 3,5 mg may be used per lamp after

31 December 2011

3(b) Medium length (> 500 mm and ≤ No limitation of use until 31 December

1 500 mm)

2011; 5 mg may be used per lamp after

31 December 2011

3(c) Long length (> 1 500 mm)

No limitation of use until 31 December

2011; 13 mg may be used per lamp after

31 December 2011

4(a) Mercury in other low pressure No limitation of use until 31 December

discharge lamps (per lamp)

2011; 15 mg may be used per lamp after

31 December 2011

4(b) Mercury in High Pressure

Sodium (vapour) lamps for

general lighting purposes not

exceeding (per burner) in lamps

with improved colour rendering

index Ra > 60

4(b)-I P ≤ 155 W

No limitation of use until 31 December

2011; 30 mg may be used per burner

after 31 December 2011

4(b)-II 155 W < P ≤ 405 W

No limitation of use until 31 December

2011; 40 mg may be used per burner

after 31 December 2011

4(b)-III P > 405 W

No limitation of use until 31 December

2011; 40 mg may be used per burner

after 31 December 2011

4(c) Mercury in other High Pressure

Sodium (vapour) lamps for

general lighting purposes not

exceeding (per burner)

4(c)-I P ≤ 155 W

No limitation of use until 31 December

2011; 25 mg may be used per burner

after 31 December 2011

4(c)-II 155 W < P ≤ 405 W

No limitation of use until 31 December

2011; 30 mg may be used per burner

after 31 December 2011

4(c)-III P > 405 W

No limitation of use until 31 December

2011; 40 mg may be used per burner

after 31 December 2011

4(d) Mercury in High Pressure Expires on 13 April 2015

Mercury

(vapour)

lamps

(HPMV)

4(e) Mercury in metal halide lamps

(MH)

4(f) Mercury in other discharge lamps

for

special

purposes

not

specifically mentioned in this

Schedule

5(a) Lead in glass of cathode ray

tubes

5(b) Lead in glass of fluorescent tubes

not exceeding 0,2% by weight

6(a) Lead as an alloying element in

steel for machining purposes and

in galvanised steel containing up

to 0,35% lead by weight

6(b) Lead as an alloying element in

aluminium containing up to 0,4%

lead by weight

6(c) Copper alloy containing up to

4% lead by weight

7(a) Lead in high melting temperature

type solders (i.e. lead-based

alloys containing 85% by weight

or more lead)

7(b) Lead in solders for servers,

storage and storage array

systems, network infrastructure

equipment

for

switching,

signalling, transmission, and

network

management

for

telecommunications

7(c)-I

Electrical

and

electronic

components containing lead in

a glass or ceramic other than

dielectric ceramic in capacitors,

e.g. piezoelectronic devices, or

in a glass or ceramic matrix

compound

7(c)-II Lead in dielectric ceramic in

capacitors for a rated voltage of

125 V AC or 250 V DC or

higher

7(c)-III Lead in dielectric ceramic in Expires on 1 January 2013 and after that

capacitors for a rated voltage of date may be used in spare parts for

less than 125 V AC or 250 V Electrical and Electronic Equipment

DC

placed on the market before 1 January

7(c)-IV Lead in PZT based dielectric Expires on 21 July 2016

ceramic

materials

for

capacitors which are part of

integrated circuits or discrete

semiconductors

8(a) Cadmium and its compounds in Expires on 1 January 2012 and after that

one shot pellet type thermal cut- date may be used in spare parts for

offs

Electrical and Electronic Equipment

placed on the market before 1 January

8(b) Cadmium and its compounds in

electrical contacts

9 Hexavalent chromium as an

anticorrosion agent of the carbon

steel cooling system in absorption

refrigerators up to 0,75% by weight

in the cooling solution

9(b) Lead in bearing shells and bushes

for

refrigerant-containing

compressors

for

heating,

ventilation, air conditioning and

refrigeration

(HVACR)

applications

11(a) Lead used in C-press compliant May be used in spare parts for Electrical

pin connector systems

and Electronic Equipment placed on the

market before 24 September 2010

11(b) Lead used in other than C-press Expires on 1 January 2013 and after that

compliant pin connector systems date may be used in spare parts for

Electrical and Electronic Equipment

placed on the market before 1 January

12 Lead as a coating material for the May be used in spare parts for Electrical

thermal conduction module C-ring and Electronic Equipment placed on the

market before 24 September 2010

13(a) Lead in white glasses used for

optical applications

13(b) Cadmium and lead in filter

glasses and glasses used for

reflectance standards

14 Lead in solders consisting of more Expired on 1 January 2011 and after that

than two elements for the date may be used in spare parts for

connection between the pins and Electrical and Electronic Equipment

the package of microprocessors placed on the market before 1 January

with a lead content of more than 2011

80% and less than 85% by weight

15 Lead in solders to complete a

viable

electrical

connection

between semiconductor die and

carrier within integrated circuit flip

chip packages

16 Lead in linear incandescent lamps Expires on 1 September 2013

with silicate coated tubes

17 Lead halide as radiant agent in high

intensity discharge (HID) lamps

used for professional reprography

applications

18(a) Lead as activator in the Expired on 1 January 2011

fluorescent powder (1% lead by

weight or less) of discharge

lamps when used as speciality

lamps

for

diazoprinting

reprography, lithography, insect

traps, photochemical and curing

processes containing phosphors

such as SMS ((Sr,Ba) 2 MgSi 2

O 7 :Pb)

18(b) Lead as activator in the

fluorescent powder (1% lead by

weight or less) of discharge

lamps when used as sun tanning

lamps containing phosphors such

as BSP (BaSi 2 O 5 :Pb)

19 Lead with PbBiSn-Hg and PbInSn- Expires on 1 June 2011

Hg in specific compositions as

main amalgam and with PbSn-Hg

as auxiliary amalgam in very

compact energy saving lamps

(ESL)

20 Lead oxide in glass used for Expires on 1 June 2011

bonding front and rear substrates of

flat fluorescent lamps used for

Liquid Crystal Displays (LCDs)

21 Lead and cadmium in printing inks

for the application of enamels on

glasses, such as borosilicate and

soda lime glasses

23 Lead in finishes of fine pitch May be used in spare parts for Electrical

components other than connectors and Electronic Equipment placed on the

with a pitch of 0,65 mm and less

market before 24 September 2010

24 Lead in solders for the soldering to

machined through hole discoidal

and planar array ceramic multilayer

capacitors

25 Lead oxide in surface conduction

electron emitter displays (SED)

used in structural elements, notably

in the seal frit and frit ring

26 Lead oxide in the glass envelope of Expires on 1 June 2011

black light blue lamps

27 Lead alloys as solder for Expired on 24 September 2010

transducers used in high-powered

(designated to operate for several

hours at acoustic power levels of

125 dB SPL and above)

loudspeakers

29 Lead bound in crystal glass as

defined

in

First

Schedule

(Categories 1, 2, 3 and 4) of the

Crystal Glass Order (S.L. 427.04)

30 Cadmium alloys as electrical/

mechanical solder joints to

electrical

conductors

located

directly on the voice coil in

transducers used in high-powered

loudspeakers with sound pressure

levels of 100 dB (A) and more

31 Lead in soldering materials in

mercury free flat fluorescent lamps

(which, e.g. are used for liquid

crystal

displays,

design

or

industrial lighting)

32 Lead oxide in seal frit used for

making window assemblies for

Argon and Krypton laser tubes

33 Lead in solders for the soldering of

thin copper wires of 100 μm

diameter and less in power

transformers

34 Lead in cermet-based trimmer

potentiometer elements

36 Mercury used as a cathode Expired on 1 July 2010

sputtering inhibitor in DC plasma

displays with a content up to 30 mg

per display

37 Lead in the plating layer of high

voltage diodes on the basis of a

zinc borate glass body

38 Cadmium and cadmium oxide in

thick film pastes used on

aluminium bonded beryllium oxide

39 Cadmium in colour converting II- Expires on 1 July 2014

VI LEDs (< 10 μg Cd per mm 2 of

light-emitting area) for use in solid

state illumination or display

systems

40 Cadmium in photoresistors for Expires on 31 December 2013

analogue optocouplers applied in

professional audio equipment

Schedule IV

Applications exempted from the restriction in regulation 4(1) specific to

medical devices and monitoring and control instruments

Equipment utilising or detecting ionising radiation

1. Lead, cadmium and mercury in detectors for ionising radiation.

2. Lead bearings in X-ray tubes.

3. Lead in electromagnetic radiation amplification devices: micro-channel

plate and capillary plate.

4. Lead in glass frit of X-ray tubes and image intensifiers and lead in glass

frit binder for assembly of gas lasers and for vacuum tubes that convert

electromagnetic radiation into electrons.

5. Lead in shielding for ionising radiation.

6. Lead in X-ray test objects.

7. Lead stearate X-ray diffraction crystals.

8. Radioactive cadmium isotope source for portable X-ray fluorescence

spectrometers.

Sensors, detectors and electrodes

1a. Lead and cadmium in ion selective electrodes including glass of pH

electrodes.

1b. Lead anodes in electrochemical oxygen sensors.

1c. Lead, cadmium and mercury in infra-red light detectors.

1d. Mercury in reference electrodes: low chloride mercury chloride,

mercury sulphate and mercury oxide.

Others

9. Cadmium in helium-cadmium lasers.

10. Lead and cadmium in atomic absorption spectroscopy lamps.

11. Lead in alloys as a superconductor and thermal conductor in MRI.

12. Lead and cadmium in metallic bonds to superconducting materials in

MRI and SQUID detectors.

13. Lead in counterweights.

14. Lead in single crystal piezoelectric materials for ultrasonic transducers.

15. Lead in solders for bonding to ultrasonic transducers.

16. Mercury in very high accuracy capacitance and loss measurement

bridges and in high frequency RF switches and relays in monitoring and

control instruments not exceeding 20 mg of mercury per switch or relay.

17. Lead in solders in portable emergency defibrillators.

Lead in solders of high performance infrared imaging modules to detect

in the range 8-14 μm.

Lead in Liquid crystal on silicon (LCoS) displays.

Cadmium in X-ray measurement filters.

Schedule V

Applications for granting, renewing and revoking exemptions as referred to

in Article 5 of Directive 2011/65/EU

Applications for exemptions, renewal of exemptions or, mutatis mutandis, for

revoking an exemption may be submitted by a manufacturer, the authorised

representative of a manufacturer, or any economic operator in the supply chain and

shall include at least the following

(a)

the name, address and contact details of the applicant;

(b) information on the material or component and the specific uses of the

substance in the material and component for which an exemption, or its

revocation, is requested and its particular characteristics;

(c)

verifiable and referenced justification for an exemption, or its

revocation, in line with the conditions established in Article 5;

(d) an analysis of possible alternative substances, materials or designs on a

life-cycle basis, including, when available, information about

independent research, peer-review studies and development activities

by the applicant and an analysis of the availability of such alternatives;

(e)

information on the possible preparation for reuse or recycling of

materials from waste Electrical and Electronic Equipment, and on the

provisions relating to the appropriate treatment of waste according to

Schedule 2 of the Waste Management (Electrical and Electronic

Equipment) Regulations, 2007 (S.L. 504.75).

(f)

other relevant information;

(g) the proposed actions to develop, request the development and, or to

apply possible alternatives including a timetable for such actions by the

applicant;

(h) where appropriate, an indication of the information which should be

regarded as proprietary accompanied by verifiable justification;

(i)

when applying for an exemption, proposal for a precise and clear

wording for the exemption;

(j)

a summary of the application.

Schedule VI

EU Declaration of Conformity

1. No … (unique identification of the Electrical and Electronic

Equipment)

2. Name and address of the manufacturer or his authorised representative

3. This declaration of conformity is issued under the sole responsibility of

the manufacturer (or installer)

4. Object of the declaration (identification of Electrical and Electronic

Equipment allowing traceability. It may include a photograph, where

appropriate)

5. The object of the declaration described above is in conformity with

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

6. Where applicable, references to the relevant harmonised standards used

or references to the technical specifications in relation to which

conformity is declared

7. Additional information

Signed for and on behalf of

(place and date of issue)

(name, function) (signature)

€1.08