Key Benefits:
Publics concerned: producers, market sharers and distributors of electrical and electronic equipment.
Subject: Transposition of Directive 2011/65/EU of the European Parliament and of the modified Council of 8 June 2011 on the limitation of the use of certain hazardous substances in electrical and electronic equipment.
Entry into force: the text comes into force on the day after its publication.
Notice: This Decree on the Limitation of Certain Hazardous Substances in Electrical and Electronic Equipment transposes Directive 2011/65/EU, known as RoHS II (for Restriction of the Use of Certain Hazardous Substances), which amends Directive 2002/95/EC, known as RoHS I, by incorporating new categories of equipment and by imposing CE markings on manufacturers, under penalty of penal sanctions, of all electrical and electronic equipment included now
It provides, subject to derogations that it enumerates (e.g., certain equipment, parts intended for repair), that the electrical and electronic equipment put on the market may not contain any of the substances listed in Annex II of Directive 2011/65/EU in a concentration by weight in homogeneous materials greater than that specified in the same annex. These substances are mercury, lead, cadmium, brominated flame retardants (polybrobiphenyl and polybromodiphenyl ethers) and hexavalent chromium.
In the event of a doubt about the conformity of equipment, manufacturers, their agents, importers, distributors and economic operators are required to inform market surveillance officers; they are also required to respond to the motivated requests of the same agents.
References: This decree is available on the website Légifrance (http://www.legifrance.gouv.fr).
The Prime Minister,
On the report of the Minister of Ecology, Sustainable Development and Energy,
Having regard to Regulation (EU) No. 1025/2012 of the European Parliament and of the Council of 25 October 2012 on European Standardization amending Council Directives 89/686/EEC and 93/15/EEC and Council Directives 94/9/EC, 94/25/EC, 95/16/EC, 97/23/EC, 98/34/EC, 2004/22/EC, 2007/23/EC, 2009/23/EC and 2009/105/EC of the European Parliament and
In light of the amended Directive 2011/65/EU of the European Parliament and the Council of 8 June 2011 on the limitation of the use of certain hazardous substances in electrical and electronic equipment;
Having regard to Decision No. 768/2008/EC of the European Parliament and the Council of 9 July 2008 on a common framework for product marketing and repealing Council decision 93/465/EEC;
Considering the environmental code, including articles L. 120-1, L. 541-10 and L. 541-44;
Vu le Criminal codeincluding its article R. 610-1;
Vu le Public Health Codeincluding articles L. 5211-1 and L. 5221-1;
The State Council (section of public works) heard,
Decrete:
The environmental code (regulatory part) is amended in accordance with the provisions of sections 2 to 4 of this Order.
I. ― Sub-sections 1 to 6 of chapter III, section 10, of title IV, of Book V become paragraphs with the same numbers and titles, with the exception of sub-section 2 which becomes a paragraph 2 with the title: " Provisions relating to the design of electrical and electronic equipment", and are grouped in a sub-section 2 entitled " Provisions relating to electrical and electronic equipment waste".
II. – Paragraphs 1 to 3 of subsection 4 of section 10 of chapter III of Book V title IV become "subparagraphs" with the same numbers and titles.
In chapter III, section 10, title IV, of Book V, a sub-section 1 is re-established:
"Subsection 1
" Provisions relating to the limitation of the use of substances
in electrical and electronic equipment
“Paragraph 1
" Scope of application
"Art. R. 543-171-1.-I. ― This subsection applies to electrical and electronic equipment that are classified in the following categories:
« 1° Large household appliances;
« 2° Small household appliances;
"3° Computer and telecommunication equipment;
"4° General public equipment;
"5° Lighting equipment;
« 6° Electric and electronic tools;
« 7° Toys, leisure and sport equipment;
« 8° Medical devices;
« 9° Control and surveillance instruments, including industrial control and surveillance instruments;
"10° Automatic distributors;
« 11° Other electrical and electronic equipment not entering the above categories.
“II. ― Are excluded from the scope of application of this subsection:
« 1° Equipment necessary for the protection of the essential security interests of the State, including weapons, ammunition and warfare equipment for specific military purposes;
« 2° Equipment intended to be sent to space;
« 3° Equipment that are specifically designed to be installed as a part of another type of equipment, which does not fall within the scope of this subsection or is excluded from it, which can only perform their functions if they are part of this other equipment and that can only be replaced by the same equipment specifically designed;
« 4° Large fixed industrial tools;
« 5° Large fixed installations;
« 6° means of transport of persons or goods, except for two-wheeled electric vehicles that are not received by type;
« 7° Non-road mobile machinery intended exclusively for professional use;
« 8° Active implantable medical devices;
« 9° Photovoltaic panels intended to be used in a system designed, mounted and installed by professionals for permanent use in a given place, for the production of energy from sunlight, for public, commercial, industrial and residential applications;
« 10° Equipment specifically designed for research and development purposes only available in an inter-company context.
"III. - Without prejudice to the provisions of 1° and 2° of II of Article R. 543-171-3, an electrical and electronic equipment that did not fall within the scope of application defined before the entry into force of Decree No. 2013-988 of 6 November 2013, by article R. 543-175 and which would not meet the conditions laid down by the provisions introduced in this subsection by the same decree, may be made available on the market until 22 July 2019.
"IV. ― The provisions of this subsection shall apply without prejudice to the provisions relating to waste management set out in this Code.
“Paragraph 2
" Definitions
"Art. R. 543-171-2.-For the purposes of this subsection,:
"1° "Electrical and electronic equipment": electrical and electronic equipment required to operate electrical currents or electromagnetic fields for the execution of at least one intended function and the production, transfer and measurement equipment of these currents and fields, designed to be used at a voltage not exceeding 1,000 volts in AC current and 1,500 volts in DC;
"2°" Large fixed industrial tools”: a large-scale set of machines, equipment and/or components, which work together for a specific application, permanently installed and dismantled by professionals in a given location, used and maintained by professionals in an industrial manufacturing centre or in a research and development facility;
"3°" Large fixed installation”: a large-scale combination of several types of appliances and, where applicable, other devices, which are assembled and installed by professionals to be used permanently in a predefined and dedicated place, and dismantled by professionals;
"4°" Cables: all cables with a nominal voltage less than 250 volts that have a connection or extension function to connect electrical and electronic equipment to the network or to connect two or more electrical and electronic equipment between them;
"5°" Manufacturer”: any natural or legal person who manufactures electrical and electronic equipment or designs or manufactures electrical and electronic equipment and markets it under its own name or brand name;
"6°" Mandatary: any natural or legal person established in the European Union having received a written mandate from the manufacturer to act on his or her behalf for the purpose of performing specified tasks;
"7°" Distributor”: any natural or legal person that is part of the supply chain, other than the manufacturer or importer, that makes electrical and electronic equipment available on the market;
"8°" Importer: any natural or legal person established in the European Union that puts electrical and electronic equipment from a third country on the European Union market;
"9° "Economic operators": manufacturer, agent, importer and distributor;
"10°" Provision on the market”: any supply of electrical and electronic equipment intended to be distributed, consumed or used in the European Union market as part of a commercial activity, either expensive or free of charge;
« 11° " On the market”: the first provision of electrical and electronic equipment on the European Union market;
"12°" Harmonized Standard”: a standard adopted by one of the European Standards Organizations referred to in Annex I to Regulation (EU) No 1025/2012 of the European Parliament and Council of 25 October 2012 on European Standardization, amending Directives 89/686/ EEC and 93/15/ EEC of the Council and Directives 94/9/ EC, 94/25/EC, 95/16/ CE, 97/23/EC, 98/34/ EEC, 2004/22/2009
"13° "Technical specifications": a document setting technical requirements to be met by a product, process or service;
"14°" CE Marking: the marking by which the manufacturer indicates that the product complies with the applicable requirements of the European Union harmonization legislation providing for its application;
"15°" Compliance assessment”: process assessing whether the requirements of this subsection relating to electrical and electronic equipment have been met;
"16° "Market monitoring": operations carried out and measures taken by public authorities to ensure that electrical and electronic equipment conforms to the requirements set out in this subsection and does not affect health and safety or other aspects of public interest protection;
"17°" Reminder: any measure to obtain the return of a product that has already been made available to the end user;
"18°" Withdrawal”: any measure to prevent the availability of a supply chain product on the market;
"19°" homogeneous material”: either a material whose composition is perfectly uniform, or a material consisting of a combination of materials, which cannot be divided or separated into different materials, by means of mechanical actions, such as dividing, cutting, grinding, grinding and abrasive processes;
"20°" Medical device”: a medical device within the meaning ofArticle L. 5211-1 of the Public Health Code and which is also electrical and electronic equipment;
"21°" Medical device for diagnosis in vitro ” : a medical device for diagnosis in vitro within the meaning ofArticle L. 5221-1 of the Public Health Code ;
"22°" Active implantable medical device”: any active implantable medical device within the meaning ofArticle L. 5211-1 of the Public Health Code ;
"23°" Industrial control and monitoring instruments”: control and surveillance instruments designed for industrial or professional purposes only;
"24°" Spare part”: a separate part of electrical and electronic equipment that can replace a part of electrical and electronic equipment. Electric and electronic equipment cannot work as intended without this part. The functionality of the electrical and electronic equipment is restored or updated when the part is replaced by a spare part;
"25°" Non-road mobile machinery available only for professional use”: equipment with an on-board power supply, whose operation requires either mobility or a continuous or semi-continuous movement between a succession of fixed work sites during work, and made available only for professional use;
"26°" Supervisory officers”: the officers referred to in Article L. 541-44.
“Paragraph 3
" Limitation of the use of certain hazardous substances
in electrical and electronic equipment
"Art. R. 543-171-3.-I. ― Electrical and electronic equipment on the market, including cables and spare parts for their repair, re-use, updating of their functionality or strengthening of their capacity, do not contain any of the substances listed in Annex II of Directive 2011/65/EU of the European Parliament and of the Council of 8 June 2011 on the limitation of the use of certain hazardous substances in electrical and electronic equipment, in a concentration specified in homogeneous materials.
"The conditions in which certain electrical and electronic equipment is exempted from the general limitation of the use of certain hazardous substances defined in I are set out in annexes III and IV of Directive 2011/65/EU of 8 June 2011 already mentioned.
“II. I does not apply:
« 1° To medical devices and control and surveillance instruments put on the market before July 22, 2014, to medical devices for in vitro diagnosis put on the market before July 22, 2016 and to industrial control and surveillance instruments put on the market before July 22, 2017;
« 2° Cables or spare parts for repair, reuse, updating of functionality or strengthening the capacity of:
“(a) Electrical and electronic equipment marketed before 1 July 2006;
“(b) Medical devices marketed before July 22, 2014;
"(c) Control and surveillance instruments marketed before July 22, 2014;
"(d) In vitro diagnostic medical devices marketed before July 22, 2016;
“e) Industrial control and surveillance instruments marketed before July 22, 2017;
“(f) Electrical and electronic equipment with an exemption in Annexes III and IV of Directive 2011/65/EU of 8 June 2011 already mentioned and put on the market before expiry of the exemption;
« 3° To re-employed spare parts, from electrical and electronic equipment put on the market before July 1, 2006, and which are in equipment put on the market before July 1, 2016, provided that this re-use is carried out as part of closed and controllable inter-company recovery systems and that re-use of parts is notified to consumers.
“Paragraph 4
“ Manufacturer obligations
"Art. R. 543-171-4.-I. ― Manufacturers make sure that when they put electrical and electronic equipment on the market, it was designed and manufactured in accordance with the requirements set out in R. 543-171-3.
“II. ― Manufacturers shall prepare the required technical documentation and implement or implement the internal manufacturing control procedure in accordance with Annex II, Module A, Decision 768/2008/EC of the European Parliament and the Council of 9 July 2008 on a common framework for the marketing of products and repealing Council Decision 93/465/EC.
"III. ― Where, at the end of this internal control procedure or the one referred to in III of Article R. 543-171-10, it is demonstrated that the electrical and electronic equipment complies with the applicable requirements, the manufacturers shall establish an EU compliance declaration and affix the CE marking to the finished product.
"IV. ― Manufacturers retain technical documentation and the EU compliance declaration for a period of ten years from the marketing of electrical and electronic equipment.
"V. ― Manufacturers ensure that procedures are in place to ensure that serial production remains in compliance with the requirements set out in section R. 543-171-3. They take into account changes in the design or specifications of the product as well as modifications to the harmonized standards or technical specifications in relation to which the conformity of an electrical and electronic equipment is declared.
"VI. • Manufacturers maintain a register of non-compliant electrical and electronic equipment and product recalls. They inform distributors of such follow-up.
« VII. ― Manufacturers shall ensure that their electrical and electronic equipment carries a type, lot or serial number, or another element allowing its identification or, where the size or nature of the electrical and electronic equipment does not permit, that the required information is on the packaging or in a document accompanying the electrical and electronic equipment.
« VIII. ― Manufacturers indicate their name, social reason or registered trademark and address to which they can be contacted on electrical and electronic equipment or, where not possible, on their packaging or in a document accompanying electrical and electronic equipment. The address must specify a unique location where the manufacturer can be contacted. These provisions do not apply where other at least as strict provisions relating to the affixing of the name and address of the manufacturer are in force under other legislation.
" IX. ― Manufacturers who consider or have reason to believe that an electrical and electronic equipment that they have put on the market is not in accordance with the provisions of this subsection shall take without delay the necessary corrective measures to bring it into conformity, withdraw or recall it, if necessary, and shall immediately inform one of the services to which the inspection officers are responsible and the competent national authorities of the Member States of the European Union in which they have provided
"X. ― Upon a reasoned request from one of the services to which the inspection officers or a competent national authority of a Member State of the European Union are responsible, the manufacturers shall communicate all the information and documents necessary to demonstrate the conformity of the electrical and electronic equipment with the provisions of this subsection, in a language readily understandable by that authority, and shall cooperate, at the request of the previously mentioned service or of that national authority, to the extent to which it is implemented
"Art. R. 543-171-5.-An importer or distributor is considered to be a manufacturer for the purposes of this subsection and is subject to the manufacturer's obligations under section R. 543-171-4 when it puts electrical and electronic equipment on the market under its own name or brand, or amends an electrical and electronic equipment already put on the market in such a way that compliance with the applicable requirements may be made.
“Paragraph 5
“Obligations of Agents
"Art. R. 543-171-6.-I. ― Manufacturers may, in writing, designate an agent. The agent performs the tasks specified in the manufacturer ' s mandate. The mandate authorizes at least the agent:
"to keep the EU declaration of compliance and technical documentation available to the services of the inspection officers for a period of ten years following the market of electrical and electronic equipment;
" ― upon a reasoned request from one of these same services or a competent national authority of a Member State of the European Union, to communicate to them all the information and documents necessary to demonstrate the conformity of electrical and electronic equipment with the provisions of this subsection;
"to cooperate, at the request of one of the previously mentioned services or the competent national authority of a Member State of the European Union, to any measures adopted to ensure compliance with the provisions of this subsection of the electrical and electronic equipment covered by its mandate.
“II. – The obligations set out in I of section R. 543-171-4 and the preparation of technical documentation cannot be the subject of the mandate of the agent.
“Paragraph 6
" Importer obligations
"Art. R. 543-171-7.-I. ― Importers only market electrical and electronic equipment in accordance with the provisions of this subsection.
“II. ― Importers shall ensure, before placing electrical and electronic equipment on the market, that the appropriate conformity assessment procedure has been applied by the manufacturer and that the manufacturer has complied with the requirements set out in paragraphs VI and VII of section R. 543-171-4. They also ensure that the manufacturer has prepared the technical documentation and that the electrical and electronic equipment carries the CE marking and is accompanied by the required documents.
"III. ― Where an importer considers or has reason to believe that an electrical and electronic equipment is not in compliance with the requirements set out in section R. 543-171-3, the importer shall only place the electrical and electronic equipment on the market after the electrical and electronic equipment has been brought into conformity and after informing the manufacturer and one of the services to which the inspection officers are responsible.
"IV. ― Importers indicate their name, social reason or registered trademark and address to which they may be contacted on electrical and electronic equipment or, where not possible, on their packaging or in a document accompanying electrical and electronic equipment. These provisions do not apply where other at least as strict provisions relating to the affixing of the importer's name and address are in force under other legislation.
"V. ― Importers maintain a register of non-compliant electrical and electronic equipment and electrical and electronic equipment recalls. They inform distributors of such follow-up.
"VI. ― Importers who consider or have reason to believe that an electrical and electronic equipment that they have put on the market is not in accordance with the provisions of this subsection shall promptly take the necessary corrective measures to bring it into conformity, withdraw or recall, if necessary, and shall immediately inform one of the services to which the inspection officers and the competent national authorities of the Member States in which they have provided the electrical and electronic equipment
« VII. ― For a period of ten years following the placing of electrical and electronic equipment on the market, importers shall maintain a copy of the EU declaration of compliance to the services of the inspection officers and ensure that the technical documentation may be provided upon request.
« VIII. ― Upon a reasoned request from one of the previously mentioned services or a competent national authority of a Member State of the European Union, the importers shall communicate to them all the information and documents necessary to demonstrate the conformity of an electrical and electronic equipment with the provisions of this subsection, in a language readily understandable by that authority, and shall cooperate, at the request of one of these services or of that authority, to the extent that it is implemented
“Paragraph 7
“Distributor obligations
"Art. R. 543-171-8.-I. ― Distributors check, before making electrical and electronic equipment available on the market, that this equipment carries the CE mark and that it is accompanied by the required documents in French. They also verify that the manufacturer and the importer have complied with the requirements that apply to them, as set out in paragraphs VII and VIII of section R. 543-171-4 and IV of section R. 543-171-7, respectively.
“II. ― Where a distributor considers or has reason to believe that an electrical and electronic equipment is not in accordance with the requirements set out in section R. 543-171-3, the distributor shall only make this electrical and electronic equipment available on the market after it has been brought into conformity and after informing the manufacturer or importer as well as one of the services to which the inspection officers are responsible.
"III. ― Distributors who consider or have reason to believe that an electrical and electronic equipment that they have made available on the market is not in accordance with the provisions of this subsection shall ensure that the corrective measures necessary to bring it into conformity, to remove or remind it are taken, if necessary, and to immediately inform one of the services to which the inspection officers are responsible, as well as the competent national authorities of the Member States in which they have provided
"IV. ― Upon a reasoned request from one of these services or a competent national authority of another Member State of the European Union, the distributors shall communicate to them all the information and documents necessary to demonstrate the conformity of an electrical and electronic equipment with the provisions of this subsection and shall cooperate, at the request of one of these services or of that national authority, in the implementation of any measures adopted to guarantee the electronic equipment
“Paragraph 8
" Obligations imposed on the whole
Economic operators
"Art. R. 543-171-9. -Economic operators identify for services to which control officers report for a period of ten years following the marketing of electrical and electronic equipment:
“(a) Any economic operator who provided them with electrical and electronic equipment;
“(b) Any economic operator to whom they provided electrical and electronic equipment.
“Paragraph 9
"Compliance of equipment
electric and electronic
"Art. R. 543-171-10.-I. ― The EU Declaration of Compliance certifies that compliance with Article R. 543-171-3 requirements has been demonstrated.
“II. ― The EU Declaration of Compliance is based on the model set out in Annex VI to Directive 2011/65/EU of the European Parliament and the Council of 8 June 2011 on the limitation of the use of certain hazardous substances in electrical and electronic equipment and contains the elements specified in this annex. It is kept up to date and is written or translated into French for electrical and electronic equipment available on the market or made available on the French market.
"III. ― Compliance with the requirements set out in section R. 543-171-3 may also be demonstrated under another conformity assessment procedure as long as it is at least as strict as the procedure organized by this subsection. In this case, unique technical documentation can be developed.
"IV. ― By establishing the EU compliance declaration, the manufacturer assumes responsibility for the conformity of electrical and electronic equipment with the provisions of this subsection.
"Art. R. 543-171-11.-I. ― The CE marking is displayed in a visible, legible and indelible manner on the finished electrical and electronic equipment or on its signal plate. When the nature of the product does not permit or warrant it, it is affixed to its packaging and accompanying documents.
“II. ― CE marking is affixed before placing electrical and electronic equipment on the market.
"III. ― In the absence of evidence to the contrary, the affixing of the CE marking on electrical and electronic equipment shall be presumed to conform to the provisions of this subsection.
"IV. ― Electrical and electronic materials, components and equipment that have been tested and measured in accordance with the requirements of section R. 543-171-3 or that have been assessed in accordance with harmonized standards that have been published in the Official Journal of the European Union are presumed to comply with the requirements of this subsection.
“Paragraph 10
« Criminal provisions
"Art. R. 543-171-12.-I. ― Is punished by the fine provided for third class contraventions for a manufacturer, importer or distributor:
“(a) To put on the market or to make electrical and electronic equipment available on the market without complying with the requirement to affix the CE marking;
“(b) To put electrical and electronic equipment on the market or to make available on the market by applying registrations such as to create confusion with the CE marking or to jeopardize its visibility or readability in violation of Article I R. 543-171-11.
“II. ― is punished by the fine provided for fifth class contraventions:
« 1° For a manufacturer:
“(a) To make electrical and electronic equipment available on the market without complying with the provisions of Article R. 543-171-3;
“(b) To put on the market or to make available in the market unduly electrical and electronic equipment with CE marking;
« 2° For a manufacturer, importer or agent not to be able to present the EU compliance declaration and technical documentation to the inspection officers. »
I. ― Sections R. 543-175 and R. 543-204 are repealed.
II. ― The 1st of Article R. 543-206 is deleted.
III. ― In sections R. 543-172 to R. 543-174 and R. 543-178, the word "section" is replaced by the word "subsection".
IV. ― At 5° of Article R. 543-172, the reference to Article R. 543-175 is replaced by the reference to Article R. 543-171-3.
The guard of the seals, Minister of Justice, and the Minister of Ecology, Sustainable Development and Energy are responsible, each with respect to it, for the execution of this decree, which will be published in the Official Journal of the French Republic.
Done on 6 November 2013.
Jean-Marc Ayrault
By the Prime Minister:
The Minister of Ecology,
Sustainable Development
and energy,
Philippe Martin
The guard of the seals,
Minister of Justice,
Christiane Taubira
