Electric Old Device Regulation (Eag-Vo Amendment To 2012)

Original Language Title: Änderung der Elektroaltgeräteverordnung (EAG-VO-Novelle 2012)

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397th Ordinance of the Federal Minister for agriculture and forestry, environment and water management, the electric old device regulation modifies the (EAG-VO amendment to 2012)

On the basis of sections 13, 13a, 13B, 14, 19, 23, par. 1 and 3, I no. 102/2002, I no. 35/2012, last amended by Federal Law Gazette 28a and 36 of the waste management act of 2002 (AWG 2002), Federal Law Gazette in agreement with the Federal Minister of economy, family and youth:

Electric old device regulation, Federal Law Gazette II No. 121/2005, as last amended by regulation Federal Law Gazette II No. 166/2011, is amended as follows:

1. paragraph 2 paragraph 2:

"(2) electrical and electronic equipment, which are allocated to any of the categories referred to in annex 1, and electric light bulbs subject to Regulation only in terms of § 4 para 1 and 2 and the sections 4a and 4B."

2. in paragraph 3, the point will be replaced at the end of the Z 15 by a comma; following Z 16-26 are appended: "16"fixed industrial wholesale tools"a large-scale arrangement of multiple machines, devices, or components which together fulfil a function for a specific application that permanently in a particular place be installed and dismantled and that used by personnel in an industrial manufacturing plant or a research and development facility and maintained, by professional 17"fixed large facility"means a large scale combination of devices of various types and, where appropriate, other facilities" , by personnel mounted and installed and are intended to be used permanently at a predefined location and dismantled by qualified personnel, "Cable" all coated 18 electric cables with a rated voltage of less than 250 volts, which serve as a connection or extension for the connection of electrical or electronic equipment into a socket or the connection of two or more electrical or electronic equipment , 19 'Distributor' any natural or legal person in the supply chain, other than the manufacturer, the an electrical or electronic device is in the European Union, 20 "economic operators" the manufacturer, a consistently uniform composition material or a material consisting of various types of materials, commissioned the persons referred to in Section 4a, paragraph 2 and the Distributor, 21 "homogeneous material" not by mechanical operations such as unscrewing , Cutting, crushing, grinding and grinding be taken apart or separated into individual materials can, 22 "medical device" a medical device within the meaning of article 1(2) of Directive 93/42/EEC concerning medical devices, OJ No L 169 of the 12.07.1993 p. 1, as last amended by Directive 2007/47/EC, OJ No. L 247 of September 21, 2007 p. 21, which is an electrical or electronic device, 23 "In vitro diagnostic medical device" an electrical or electronic device of the device category 8 of annex 1 in the sense of article 1 paragraph 2 point (b) of Directive 98/79/EC on in vitro diagnostic medical devices, OJ No. L 331 of the 07.12.1998 p. 1, as last amended by the directive of 2011/100/EC, OJ No. L 341 of the 22nd December 2011 p. 50, 24 "active implantable medical device" any active medical device that is designed to be implemented, wholly or in part by surgical or medical intervention in the human body or by medical intervention into a natural orifice and is designed after the intervention to remain there, 25 "Industrial monitoring and control instruments" monitoring and control instruments used in the equipment category 9 of annex 1 , which exclusively for industrial and commercial purposes intended, 26 'spare parts' an item of electrical or electronic device that can replace a component of an electrical or electronic device. The electrical or electronic device may not function properly without this component. The proper functioning of the electrical or electronic equipment can be restored or improved, if the component is replaced by a spare parts."

3. § 4 par. 1 and 2 are replaced by following paragraph 1 to 2 b:

"(1) it is prohibited, waste electrical and electronic equipment - including cable and spare parts for the repair, reuse, to put the update functions or the extension of the performance - in traffic, the more than 0,1% by weight lead, mercury, hexavalent chromium, polybrominated biphenyl (PBB) or polybrominated diphenyl ethers (PBDES) per homogeneous material or more than 0.01% by weight cadmium per homogeneous material contained."

(2) section 1 does not apply 1 to 7 and 10 of annex 1 before July 22, 2019 1. waste electrical and electronic equipment of the equipment categories in transport setting, if these newly placed before July 1, 2006 in the European Union in traffic, 2. waste electrical and electronic equipment, which are allocated to any of the categories listed in annex 1 if these were used in traffic before July 22, 2019, in the European Union new , 3. 8 and 9 of annex 1 with the exception of in-vitro diagnostics and industrial monitoring and control instruments light up for private households and electric light bulbs before July 22, 2019, unless these newly placed before July 1, 2006 in the European Union in traffic, 4. waste electrical and electronic equipment of the equipment categories, unless these were newly stated in traffic before 22 July 2014 in the European Union , 5 in-vitro diagnostics, if these were newly stated in traffic before July 22, 2016, in the European Union, 6 industrial monitoring and control instruments, if these were used in traffic until July 22, 2017, in the European Union new, 7 spare parts or cables for repair, reuse, updating of functions or the extension of the performance of a) before July 1, 2006 in the European Union new transport used in electrical and electronic equipment , b) before 22 July 2014 in the European Union new transport used electrical and electronic equipment of the equipment categories 8 and 9 of annex 1 with the exception of in-vitro diagnostics and industrial monitoring and control instruments, c) before July 22, 2016, in the European Union new transport used in-vitro diagnostics, d) before July 22, 2017, in the European Union new transport used industrial monitoring and control instruments, or e) waste electrical and electronic equipment , was an exception and prior to the expiry of this exception in transport were brought, and 8 spare parts for re-use, which, expanded electrical and electronic equipment which have been placed before July 1, 2006, in traffic and devices used before 1 July 2016 in traffic be placed, provided that reuse in a verifiable company closed return system is carried out and will be communicated to consumers , that parts were reused.

(2a) paragraph 1 2 and Annex 2a does not apply these usages which in annex.

(2B) paragraph 1 and the sections 4a and 4B 5. mobile machines, which are designed and made exclusively for professional use available, 6 active implantable medical devices not for road use do not apply to 1 equipment for use in outer space, 2. stationary industrial wholesale tools, 3. fixed large installations, 4. means of transport for persons or goods with the exception of non-type approved electrical two-wheeled vehicles, , 7 photovoltaic modules to be used in a system that was designed, assembled for permanent operation at a certain place to produce energy from sunlight for public, commercial, industrial and private applications by qualified personnel and installed, 8 devices that were designed solely for purposes of research and development and are provided only at the inter-firm level, 9 devices, specifically as part of another ", of this regulation electrical taken from and electronic equipment or a device according to Z 1 to 8 are designed and will be installed as a part of such can fulfill its function only as part of this unit, which can be replaced only by same, specially designed equipment."

4. According to § 4, following paragraphs 4a and 4B and headings shall be inserted:

"Market surveillance

Section 4a. (1) the manufacturer in accordance with section 13a para 1 No. 1 and 2 AWG 2002 have each electrical produced by them and electronics device 1 the necessary technical documents to create and an internal production control in accordance with the module (A) in annex II of decision No. 768/2008/EC on a common regulatory framework for the marketing of products, and repealing Decision 93/465/EEC of the Council , OJ No. L 218 of August the making p. 82, or to perform. This procedure indicates that the electric or electronic device complies with the applicable requirements, the manufacturer in accordance with section 13a para 1 No. 1 and 2 AWG have 2002 to issue an EC declaration of conformity according to the annex 2 b and to attach the CE marking according to § 4 b to the finished product.

2.

the technical documentation and the EC declaration of conformity for a period of at least ten years from domestic traffic set of electrical or electronic equipment to be kept. The conformity of the manufactured electrical and electronic equipment is to ensure in a series production. The manufacturer in accordance with section 13a, paragraph 1 Z 1 and 2 AWG 2002 have a list of non-compliant waste electrical and electronic equipment and product recalls to lead further and to keep the Distributor about.

3. to ensure that they produce electrical and electronic equipment bear a type, batch or serial number or a different character to their identification, or, where this is not possible due to the size or type of device that the required information on the packaging or in the attached documents specify the device.

4. your name, registered trade name or registered trade mark and their contact address either the electrical or electronic device itself or, if this is not possible, on its packaging or in the attached documentation to indicate the device. In the address, a central authority must be specified under which the manufacturer can be contacted.

5. - If there is reason to believe that this is not the section 4 - immediately the necessary corrective measures to take in order to establish conformity, if necessary, to take it from the market or recall, and immediately have the competent national authorities of the Member States where they have deployed the devices, to inform where they have detailed information, in particular about the non-compliance and the corrective measures taken.

6. the competent national authority following a reasoned request all information and documents in a language that be easily understood by the competent national authority may, to provide, that are required to demonstrate the conformity of electrical or electronic equipment with article 4, paragraph 1, and having this authority at its request with all measures intended to ensure that it complies with installed electrical or electronic device § 4 para 1 of them in traffic , to cooperate.

(2) the manufacturer in accordance with section 13a para 1 No. 1 and 2 AWG 2002 may designate a natural or legal person established within the Union, which perform the functions referred to in paragraph 1 Nos. 2 and 6 has on their behalf.

(3) the manufacturer in accordance with section 13a, paragraph 1 Z 3 AWG 2002, using electric or electronic equipment from a third country in the Transport Union, have 1 to make sure that this section 4 devices are compliant.

2. to ensure that the requirements laid down in paragraph 1 are met Z 1 to 3 and Nos. 5 and 6.

3. - unless you reason to believe, that an electrical or electronics device section 4 does not comply with - to put this device not in traffic, and to inform the manufacturer in accordance with section 13a para 1 No. 1 and 2 AWG 2002 and the market surveillance authorities thereof.

4. their name, registered trade name or registered trade mark and their contact address either the electrical or electronic device itself or, if this is not possible - on the packaging or in the device attached documentation to specify. In the address, a central authority must be specified under which the manufacturer can be contacted.

5. a lead list of non-compliant waste electrical and electronic equipment and product recalls and to keep the Distributor about.

6 - unless there is reason to believe that an electrical or electronics device section 4 does not meet - immediately the necessary corrective measures to take in order to establish conformity, if necessary, to take it from the market or to call back and have immediately to inform the competent national authorities of the Member States where they have deployed the devices, where they detailed information, in particular about the non-compliance and corrective measures , have to make.

7. over a period of ten years from domestic traffic set of electrical or electronic equipment a copy of the EC declaration of conformity for market surveillance authorities prepared to hold and to ensure that the technical documentation can be submitted to those authorities upon request.

8. the competent national authority on their reasoned request to provide all information and documents, which are required to demonstrate the conformity of electrical or electronic equipment with § 4. This has to be done, which can be easily understood by the competent national authority in a language. It is also with this authority at its request with all measures intended to ensure that the electrical or electronic equipment which they have placed on the market comply with section 4, to cooperate.

(4) distributor have 1 to check if they're provided by them in traffic used electrical or electronic equipment with the CE marking and whether the required documents in a language understood by the final consumer are present and whether the producers have fulfilled the requirements of paragraph 1 Nos. 3 and 4 and paragraph 3 Z 4.

2. - unless you reason to believe, that an electrical or electronics device section 4 does not comply with - to put this device not in traffic, and to inform the manufacturer and the market surveillance authorities thereof.

3. - If there is reason to believe, that an electrical or electronics device section 4 does not comply with - without delay to take the necessary corrective measures to establish conformity, if necessary, to take it from the market or recall, and immediately to inform the competent national authorities of the Member States where they have deployed the devices, where they have detailed information, in particular about the non-compliance and the corrective measures taken.

4. the competent national authority on their reasoned request to provide all information and documents, which are required to demonstrate the conformity of electrical or electronic equipment with § 4. It is also with this authority at its request with all measures intended to ensure that the electrical or electronic equipment which they have placed on the market comply with section 4, to cooperate.

(5) modified a manufacturer in accordance with section 13a para 1 No. 3 AWG 2002 or a distributor a already traffic used electrical or electronic device so, that the compliance of section 4 or of paragraph 1 to 4 can be affected, and he puts this electric or electronic device again in traffic, he is the manufacturer in accordance with section 13a para 1 No. 1 AWG 2002 and shall ensure that compliance with the requirements of paragraph 1.

(6) economic operators have to name economic operators and market surveillance authorities on request for a period of ten years from domestic traffic set of electrical or electronic equipment, they an electrical or electronic device purchased 1 of which or they an electrical or electronic device gave off 2 to the.

(7) the Federal Ministry of agriculture and forestry, environment and water management is the competent national authority for market surveillance in accordance with this regulation.

CE marking and presumption of conformity

§ 4 b. (1) the General principles referred to in article 30 of Regulation (EC) apply for the CE mark No. 765/2008 on the requirements for accreditation and market surveillance relating to the marketing of products and repealing Regulation (EEC) No 339/93 of the Council, OJ No. L 218 of August 13, 2008 p. 30. CE marking has visibly, legibly and indelibly to the finished electrical or electronic equipment or to its data plate to be installed. If the type of the device does not allow this or does not justify it has affixed on the packaging and accompanying documents to be. The CE marking is to install before in transport of electrical or electronic equipment.

(2) without prejudice to any measures of the market surveillance authorities is evidence to the contrary to assume, that electrical and electronic equipment, which are marked with the CE marking, comply with article 4."

5. in paragraph 27, the word is omitted at the end of the Z 11 "and" at the end of the Z 12, the point is replaced by a comma and the word "and" appended. After the Z 12 following Z 13 is inserted: "13 the 2011/65/EC directive on the restriction of use of certain hazardous substances in electrical and electronic equipment, OJ" No. L 174 of 01.07.2011 S. 88, as amended by the amending OJ "No. L 209 of the 04.08.2012 p. 18," 6. In article 28 the following paragraph 10 is added:

"(10) § 2 para 2, § 3 Z 15 to 25, § 4 para 1 to 2b, the sections 4a and 4B with headings, section 27 Z 11 to 13 and annexes 2 to 2 b in the version of regulation BGBl. II Nr 397/2012 with 1 January 2013 into force."

7. Annex 2 is replaced by the following appendices 2 and 2b:

"Annex 2

Uses exempted from the restrictions of § 4 para 1



Exception



Scope and data of validity of



1.



Mercury in single ended (compact) fluorescent lamps that do not exceed the following values (per burner):



1a.




For general lighting purposes 17 mm (I.e. T9)



Unlimited use until 31 December 2011; from January 1, 2012, 15 mg per lamp may be used.



2. b IV



Lamps for general lighting purposes other and for special purposes (E.g. induction lamps)



Unlimited use until 31 December 2011; from January 1, 2012, 15 mg per lamp may be used.



3.



Mercury in CCFL (cold cathode fluorescent lamps) and EEFL lamps (external electrode fluorescent lamps) do not exceed the following values (per lamp) for special purposes,



3A.



Short lamps (≤ 500 mm)



Unlimited use until 31 December 2011; from January 1, 2012, 3.5 mg per lamp may be used.



3B.



Medium lamps (> 500 mm and ≤ 1 500 mm)



Unlimited use until 31 December 2011; from January 1, 2012, 5 mg per lamp may be used.



3c.



Long lamps (> 1 500 mm)



Unlimited use until 31 December 2011; from January 1, 2012, 13 mg per lamp may be used.



4A.



Mercury in other low pressure discharge lamps (lamp)



Unlimited use until 31 December 2011; from January 1, 2012, 15 mg per lamp may be used.



4B.



Mercury in Hochdrucknatrium(DAMPF)lampen for general lighting purposes, the lamp with improved colour rendering index CRI > do not exceed 60 the following values (per burner):



4B. I



P ≤ 155 W



Unlimited use until 31 December 2011; from January 1, 2012, 30 mg per burner may be used.



4B. II



155 W < P ≤ 405 W unlimited use until December 31, 2011, as of January 1, 2012 may 40 mg per burner used. 4. III P > 405 W



Unlimited use until 31 December 2011; from January 1, 2012, 40 mg per burner may be used.



4c.



Mercury in other Hochdrucknatrium(DAMPF)lampen for general lighting purposes, not exceeding the following values (per burner):



4 c. I



P ≤ 155 W



Unlimited use until 31 December 2011; from January 1, 2012, 25 mg per burner may be used.



4 c. II



155 W < P ≤ 405 W unlimited use until December 31, 2011, as of January 1, 2012 May 30 mg per burner used. 4 c. III P > 405 W



Unlimited use until 31 December 2011; from January 1, 2012, 40 mg per burner may be used.



4 d.



Mercury in Hochdruckquecksilber(DAMPF)lampen (HPMV)



Expires on 13 April 2015.



4E.



Mercury in halide (MH)



4F.



Mercury in other lamps for special purposes, that are not specifically listed in this annex



5a.



Lead in glass of cathode ray tubes



5b.



Lead lead in the glass of the fluorescent tubes with a lead content of not more than 0,2%



6a.



Lead as an alloying element in steel for machining purposes and in galvanized steel with a mass fraction of no more than 0,35% lead



6B.



Lead as an alloying element in aluminium with a lead content of not more than 0,4% lead



6c.



Copper alloy containing up to 4% lead



7A.



Lead in high melting temperature type solders (i.e. lead solder alloys with a lead content of at least 85% lead)



7B.



Lead in solders for servers, storage systems, storage arrays, and network infrastructure equipment for switching, signal transmission, transfer and network management in the telecommunications sector



7. c I



Lead containing electrical and electronic components in glass or ceramic materials except dielectric ceramic capacitors, E.g. piezoelectronic devices, or in a glass or ceramic matrix connection



7 c. II



Lead in dielectric ceramic capacitor for a nominal voltage of 125 V AC or 250 V DC or



7 c. III



Lead in dielectric ceramic capacitor for a nominal voltage of less than 125 V AC or 250 V DC



Expires on January 1, 2013. Then use allowed in spare parts for electrical and electronic equipment, which were placed before January 1, 2013 in traffic.



8A.



Cadmium and its compounds in cutoffs of the type one pellet shot'



Expired on January 1, 2012. Then use allowed in spare parts for electrical and electronic equipment, which were placed before January 1, 2012, in traffic.



8B.



Cadmium and its compounds in electrical contacts



9.



Hexavalent chromium as a means of protection of the carbon steel cooling system in absorption refrigerators up to a mass fraction of 0.75% in the cooling solution



9B.



Lead in bearing shells and compressors containing headers for refrigerant for heating, ventilation, air-conditioning and cooling applications (HVACR)



11A.



Lead in 'C-Press'-compliant with flexible zone



May be used in spare parts for electrical and electronic equipment, which were placed before September 24, 2010 in transport



(b) 11.



Lead in other than 'C-Press'-compliant with flexible zone



Expires on January 1, 2013. Then use allowed in spare parts for electrical and electronic equipment, which were placed before January 1, 2013 in traffic.



12.



Lead as a coating material for a heat-conductive C-ring module.



Is allowed in spare parts for electrical and electronic equipment, which were placed before September 24, 2010, in traffic.



13A.



Lead in glass for optical applications



(b) 13.



Cadmium and lead in filter glass and glass for reflectance standards



14.



Lead lead in solders consisting of more than two elements for the connection between the pins and the package of microprocessors with a lead content of more than 80% and less than 85%



Expired on January 1, 2011. Then use allowed in spare parts for electrical and electronic equipment, which were placed before January 1, 2011 in traffic.



15.



Lead in solders to a stable electrical connection between semiconductor chip and the circuit carriers in integrated flip-chip assemblies



16.



Lead in bar-shaped light bulbs with a molten Interior coating of the piston



Expires September 1, 2013.



17.



Lead halide as radiant agent in high intensity discharge (HID) lamps) for professional reprography applications



18A.



Lead as activator in the fluorescent powder (of which mass share lead by 1% or less) of discharge lamps when used as special lamps for reprography on base of the light breaks process, lithography, insect traps, photochemical and exposure processes phosphors such as magnesium silicate ((Sr,Ba)2MgSi2O7:Pb)



Expired on January 1, 2011.



18B.



Lead as activator in the fluorescent powder (of which mass share lead by 1% or less) of discharge lamps when used as a tanning lamp phosphors such as barium silicate (BaSi2O5: Pb)



19.



Lead with PbBiSn-Hg and PbInSn-Hg in specific compositions as main amalgam and with PbSn-Hg as auxiliary amalgam in very compact energy saving lamps



Expired on June 1, 2011.



20.



Lead oxide in glass solders to the connection of the front and rear glass of flat fluorescent lamps for liquid crystal displays (LCD)



Expired on June 1, 2011.



21.



Lead and cadmium in printing inks for the application of enamels on glass borosilicate and soda-lime glass



23.



Lead in finishes of fine pitch components - other than connectors - with a pitch of 0.65 mm or less



Is allowed in spare parts for electrical and electronic equipment, which were placed before September 24, 2010, in traffic.



24.



Lead in solders for discoidale and Planar-array multilayer ceramic capacitors with metallized holes



25.



Lead oxide in structural elements of SED displays (surface conduction electron emitter displays (SED), particularly in the glass frit (seal Naseer) fastening and the glass frit ring (frit ring)



26.



Lead oxide in the glass mantle of BLB lamps (black light lamps)



Expired on June 1, 2011.



27.



Lead alloys as solder for transducers in high-powered loudspeakers (for several hours operating at a sound pressure levels of 125 dB SPL and above)



Expired on September 24, 2010.



29.



Lead bound in Crystal glass as defined in annex I (categories 1, 2, 3 and 4) of Directive 69/493/EEC on the approximation of the laws of the Member States for Crystal glass, OJ No. L 326 of the 29.12.1969 p. 36, as last amended by Directive 2006/96/EC, OJ No. L 363 of 20.12.2006 p. 81 30.



Cadmium alloys as electrical/mechanical solder for electrical conductors that are used directly on the voice coil in transducers in high-powered loudspeakers with sound pressure of 100 dB (A), and



31.



Lead in soldering materials in mercury free flat fluorescent lamps (E.g. for liquid crystal displays, design or industrial lighting)



32.



Lead oxide in seal frit to the mounting of glass panes for argon and krypton laser tubes



33.



Lead in solders for the soldering of thin copper wires with a maximum 100 μm diameter in power transformers



34.



Lead in trimming potentiometers based Cermet



36.



Mercury as an inhibitor to prevent cat testicles putte ring with DC plasma displays with a content of up to 30 mg per display



Expired on July 1, 2010.



37.



Lead in the coating of high voltage diodes on the basis of a zinc Borate glass enclosure




 



38.



Cadmium and cadmium oxide in thick-film pastes used on aluminum bonded beryllium oxide



39.



Cadmium in color-converting II-VI-based LEDs ()