Regulation On The Restriction Of Use Of Hazardous Substances In Electrical And Electronic Equipment ,

Original Language Title: Verordnung zur Beschränkung der Verwendung gefährlicher Stoffe in Elektro- und Elektronikgeräten ,

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Regulation on the restriction of use of hazardous substances in electrical and electronic equipment, (electrical and electronic equipment material regulation - ElektroStoffV) ElektroStoffV Ausfertigung date: 19.04.2013 full quotation: "waste electrical and electronic equipment-material regulation from 19 April 2013 (BGBl. I p. 1111), most recently by article 1 of the Decree of 28 November 2014 (BGBl. I p. 1888) has been changed" stand: last amended by art. 1 V v. 28.11.2014 I 1888 for details on the stand number you found in the menu under notes 1 the regulation is the implementation of the directive 2011/65 / EU of European Parliament and of the Council of 8 June 2011 to the restriction of the use of certain hazardous substances in electrical and electronic equipment (OJ OJ L 174 of the 1.7.2011, p. 88).
2. the obligations of the Directive 98/34/EC of the European Parliament and of the Council of 22 June 1998 establishing an information procedure in the field of technical standards and regulations and of the rules for the services of the information society (OJ L 204 of the 21.7.1998, p. 37), most recently by Directive 2006/96/EC (OJ L 363 of 20.12.2006, p. 81) is has been modified to comply.
Footnote (+++ text detection from: 9.5.2013 +++) (+++ official note of the standard authority on EC law: implementation of EURL 65/2011 (CELEX Nr: 32011 L 0065) accordance with the EGRL of 98 at the 34 (CELEX Nr: 31998 L 0034) implementation of EURL 1/2014 (CELEX Nr: 32014 L 0001) EURL 2/2014 (CELEX Nr: 32014 L 0002) EURL 3/2014 (CELEX Nr: 32014 L 0003) EURL 4/2014 (CELEX Nr: 32014 L 0004) EURL 5/2014 (CELEX Nr: 32014 L 0005) EURL 6/2014 (CELEX Nr)) : 32014 L 0006) EURL 7/2014 (CELEX Nr: 32014 L 0007) EURL 8/2014 (CELEX Nr: 32014 L 0008) EURL 9/2014 (CELEX Nr: 32014 L 0009) EURL 10/2014 (CELEX Nr: 32014 L 0010) EURL 11/2014 (CELEX Nr: 32014 L 0011) EURL 12/2014 (CELEX Nr: 32014 L 0012) EURL 13/2014 (CELEX Nr: 32014 L 0013) EURL 14/2014 (CELEX Nr: 32014 L 0014) EURL 15/2014 (CELEX Nr: 32014 L 0015) EURL 16/2014 (CELEX Nr: 32014 L 0016) cf. V v. 6.10.2014 I 1592 +++) input formula aground - the section 24 number 1 and 2 and article 65, paragraph 1 in connection with paragraph 67 of the circulatory economic law of February 24, 2012 (BGBl. I S. 212) enacted the Federal Government respecting the rights of the Bundestag and § 24 number 1 and 2 after hearing the involved districts of § 8 paragraph 1 sentence 1 and 2 number 1 (b and e) and paragraph 2 of the product safety law of November 8, 2011 (BGBl. I S. 2179) enacted the Federal Ministry for the environment , Nature protection and reactor safety in consultation with the Federal Ministry of labour and Social Affairs, the Federal Ministry of Economics and technology and the Federal Ministry of food, agriculture and consumer protection, the Federal Ministry of transport, building and urban development, the Ministry of defence after hearing of the Committee on product safety: article 1 scope of application (1) this Regulation applies to the placing on the market and providing new electrical and electronic equipment on the market. Electrical and electronic equipment are divided into the following categories: 1. large household appliances, 2. small household appliances, 3. information and telecommunications devices, 4. consumer electronics, 5 lighting fixtures, 6 electrical and electronic tools, 7 toys as well as sports and leisure equipment, 8 medical devices, 9. monitoring and control instruments, including monitoring and control instruments in the industry, 10 automatic dispensers, 11 other electrical and electronic equipment, not covered by the numbers 1 to 10.
(2) this regulation does not apply to the following electrical and electronic equipment: 1. devices that are required for the protection of the essential security interests of the Federal Republic of Germany, including weapons, ammunition and military material for military purposes, 2. equipment for use in outer space, 3 devices, the a) are specifically designed as part of another one, of this regulation taken out or not within the scope of this Regulation applicable device type designed and should be installed , b) its function only as part of this unit can meet and c) can be replaced only by similar devices, 4. stationary industrial wholesale tools, 5 fixed installations of large, 6 means of transport for persons or goods with the exception of electric-powered two-wheeled vehicles are not type approved, 7 portable machines, 8 active, implantable medical devices, 9 photovoltaic modules, which are intended for permanent operation at a fixed location for the production of electricity from solar radiation energy for public use in a system , commercial, industrial and private applications by qualified personnel is designed, assembled and installed, and 10 devices that were designed solely for purposes of research and development and are provided only at inter-company level.
(3) if special requirements for the use of substances in electrical and electronic equipment limited by this regulation on the basis of other legislation, this legislation shall apply.

§ 2 definitions for the purposes of this regulation the expression 1. electrical and electronic equipment may refer to: a device that is designed to operate with an alternating current of not more than 1 000 volts or for operation with direct current of not more than 1 500 v and a) that depends for its proper operation of electric currents or electromagnetic fields, this means that electric currents or electromagnetic fields are required , to meet one or more of the intended functions of the device, b) is the generation, transfer and measurement of such fields and streams;
2. stationary large industrial tool: a large-scale arrangement of multiple machines, devices, or components with a common function for a particular application, the a) permanently installed in a particular place by personnel and dismantled by qualified personnel and b) used by personnel in an industrial manufacturing plant or a research and development facility and maintained;
3. stationary plant: a large-scale arrangement of devices of various kinds and, if necessary, additional facilities, the a) mounted and installed by qualified personnel and b) is intended to be used permanently at a fixed location and to be; dismantled by qualified personnel
4. cable: a cable with a nominal voltage of less than 250 volts, that serves as a connection or extension cable for connecting an electrical or electronic appliance to a socket or to the combination of two or more electrical or electronic equipment;
5. manufacturer: any natural or legal person or partnership, which produces an electrical or electronic device or develop or manufactured and marketed it under their own name or trademark;
6 representative: any natural or legal person established within the Union or partnership, the manufacturer has authorized in writing to perform certain functions on its behalf;
7 distributors: any natural or legal person or partnership that offers an electrical or electronic device or provides on the market, with the exception of the manufacturer and importer;
8 importer: any natural or legal person established in the European Union or partnership which offers an electrical or electronic device from a third country or brings in traffic;
9 economic operator: the manufacturer, the authorised representative, the importer and the Distributor;
10 making available on the market: any payment or free of charge of electrical or electronic equipment for sale, consumption or use on the market of the European Union in the course of a business;
11 placing on the market: the first making available of an electrical or electronic device on the market for distribution, consumption or use;
12. harmonised standard: a standard, by a European standardisation body within the meaning of annex I of to Directive 98/34/EC of the European Parliament and of the Council of 22 June 1998 establishing an information procedure in the field of technical standards and regulations and of the rules for the services of the information society (OJ L 204 of the 21.7.1998, p. 37), the last by Directive 2006/96/EC of the Council (OJ L 363 of 20.12.2006, p. 81) is changed, on request from the Commission created pursuant to article 6 of Directive 93/34/EC;
13. technical specification: a document in which the technical requirements are set, which fulfil a product, a process or a service;
14 CE marking: the marking by which the manufacturer declares that the electrical or electronic device fulfils the valid requirements which are laid down in the harmonisation legislation of the European Union, that require their installation;
15 Declaration of conformity: the procedure for assessing whether the requirements of this regulation in relation to an electrical or electronic device are met;
16 market monitoring:
the activities carried out by the competent authorities and measures taken by them, through which an electrical or electronic device complies with the requirements of this regulation, and the safety and health of people or other does not endanger protected areas in the public interest ensure,
17 recall: any measure of which causes the return of an electrical given to the consumer or the consumer or electronic equipment;
18 withdrawal: any measure to prevent an electrical or electronic device, which is located in the supply chain, is provided on the market;
19 homogeneous material: a material through uniform composition or a consisting of different materials material, which is broken down into individual materials grinding and grinding or can be separated by mechanical operations such as unscrewing, cutting, crushing,
20 medical device: a medical device within the meaning of article 3 number 1 of the medical devices act as amended by the notice of August 7, 2002 (Federal Law Gazette I p. 3146), most recently by article 13 of the law of 8 November 2011 (BGBl. I S. 2178); has been changed
21 in-vitro diagnostic use: an in-vitro diagnostic use within the meaning of article 3 number 4 of the medical devices act as amended by the notice of August 7, 2002 (Federal Law Gazette I p. 3146), most recently by article 13 of the law of 8 November 2011 (BGBl. I S. 2178); has been changed
22 active, implantable medical device: any active implantable medical device within the meaning of article 1 paragraph 2 (c) of Directive 90/385/EEC of 20 June 1990 on the approximation of the laws of the Member States relating to active implantable medical devices (OJ L 189 of the 20.7.1990, p.17), the last by Directive 2007/47/EC (OJ L 247 of 21.9.2007, p. 21) has been modified;
23 monitoring and control instrument: a monitoring and control instrument, which is intended for other than exclusively industrial and commercial purposes;
24 industrial monitoring and control instrument: a monitoring and control instrument, which is designed exclusively for industrial and commercial purposes;
25 spare parts: an item of electrical or electronic device that can replace a component of an electrical or electronic appliance and that its a) function restores or improves, b) allows you to reuse, c) features updated or d) expanded capacity;
26 moving machinery: machines with their own energy supply, the a) intended primarily for road transport, b) be used exclusively in a professional activity and c) during operation are either mobile or half continuously or continually be moved to different fixed plant species.

Article 3 requirements for the placing on the market (1) electrical and electronics equipment including cables and spare parts may be placed on the market only, if the maximum permissible concentrations of the following substances are not exceeded: 1 0.1% by weight lead, mercury, hexavalent chromium, polybrominated biphenyl (PBB) or polybrominated diphenyl ethers (PBDES) per homogeneous material or 2 0.01% by weight cadmium per homogeneous material.
(2) without prejudice to paragraph 1 electrical and electronic equipment may be placed on the market only, if 1 for them the necessary technical documents have been created, 2 in accordance with module A in annex II of the decision No 768/2008/EC of the European Parliament and of the Council of 9 July 2008 on a common framework for the marketing of products, and repealing Decision 93/465/EEC of the Council (OJ L 218 of the 13.8.2008, p. 82) evidenced by an internal production control was to meet the requirements of paragraph 1, 3 for them the EU Declaration of conformity in accordance with section 11 was issued and 4 in accordance with § 12 the CE marking was affixed.
Is required under other applicable legislation of the European Union the implementation of a conformity assessment procedure in which at least the requirements of the module (A) in annex II of decision No 768/2008/EC must be met, so compliance with the requirements referred to in paragraph 1 in this alternative procedure can be demonstrated. Unified technical documents can be created.
(3) paragraph 1 does not apply to uses in annexes III and IV of to Directive 2011/65/EC of the European Parliament and of the Council of 8 June 2011 on the restriction of use of certain hazardous substances in electrical and electronic equipment (OJ L 174 of the 1.7.2011, p. 88), most recently by the delegated policy 2014/69/EC (OJ L 148 of the 20.5.2014, p. 72), the delegated policy 2014/70/EC (OJ L 148 of the 20.5.2014, p. 74), the delegated policy 2014/71/EC (OJ L 148 of the 20.5.2014, p. 76), the delegated policy 2014/72/EC (OJ L 148 of the 20.5.2014, p. 78), the delegated policy 2014/73/EC (OJ L 148 of the 20.5.2014, p. 80), the delegated policy 2014/74/EC (OJ L 148 of the 20.5.2014, p. 82), the delegated policy 2014/75/EC (OJ L 148 of the 20.5.2014, p. 84) and the delegated policy 2014/76/EC (OJ L 148 of the 20.5.2014, p. 86) has been changed, are set. For this purpose, the internal production control has referred to in paragraph 2 sentence 1 number 2 to prove to meet the requirements for the specific exception to annexes III and IV of to Directive 2011/65/EC.

General obligations of the manufacturer (1) which allowed manufacturers in traffic bring § 4 only electrical and electronic equipment, which meet the requirements of article 3, paragraph 1.
(2) the manufacturer shall carry out the procedures referred to in article 3, paragraph 2. For the implementation of the internal control of production according to § 3, paragraph 2, sentence 1 number 2 or under § 3, paragraph 2, sentence 2, the manufacturer can ask also a third party.
(3) the manufacturer must keep the technical documentation and the EC declaration of conformity for a period of ten years from the placing on the market of the last piece of an electrical or electronic device series.
(4) the manufacturer has in production through appropriate procedures to ensure that compliance with the requirements of article 3 paragraph 1 is always ensured. He has changes to the design of the product or its characteristics and changes in the harmonised standards or technical specifications, referenced in the Declaration of conformity of electrical and electronic equipment adequately to take into account in the selection of this procedure.
(5) there is reason to believe that electric installed by the manufacturer on the market or electronic device corresponds to the requirements of section 3, the manufacturer has to take immediate action, through which conformity is produced; If this is not possible, he must, if necessary, remove from the market the electrical or electronic device manufacturer or call back. He must immediately inform the competent authorities and make detailed information, in particular about the non-compliance and the action taken.

§ 5 special labelling and information requirements of the manufacturer (1) which manufacturer must ensure that its electrical and electronic equipment bear a type, batch or serial number or a different license plate for identification. If this is not possible due to the size or type of device, the manufacturer shall specify the information required on the packaging or in the documents enclosed with the device.
(2) the producer must make sure that his name, its registered company or its registered trade mark and its address are specified pursuant to sentence 3 on the electric or electronic device. If this is not possible due to the size or type of electrical or electronic equipment, the manufacturer must make these indications on the packaging or in the documents enclosed with the device. In the address, a central authority must be specified under which the manufacturer can be contacted.
(3) the manufacturer is obliged to provide all information and documents their reasoned request from a competent authority that are required to demonstrate the conformity of the EEE placed on the market with the requirements of section 3. The information and documents are to write in German or English language. The manufacturer has with that authority, at its request, with all necessary measures to cooperate, which should ensure that the device placed by him meets the requirements of this regulation.
(4) the manufacturer must result in a directory of its non-compliant waste electrical and electronic equipment as well as the relevant callbacks and withdrawals and inform the Distributor about this directory listed waste electrical and electronic equipment on a regular basis.

Section 6 authorising a representative (1) a manufacturer may authorise in writing a representative.
(2) an agent performs the tasks conferred on it by the manufacturer for this. A manufacturer that uses a proxy, this must transmit at least the following tasks: 1. keep the EC declaration of conformity and the technical documentation for the competent authorities for a period of ten years from the placing on the market of the last piece of the electric or electronic device series, 2.
on reasoned request from the competent authority delivery of all necessary information and documentation to this authority for the certification of conformity of electrical or electronic equipment with this regulation and 3. on request of the competent authorities cooperation with this agency at all measures intended to ensure that the electrical or electronic device meets the requirements of this regulation.
(3) not to be transferred to an agent can by the manufacturer 1 the obligation pursuant to § 4 paragraph 1 and 2. the creation of the technical documentation according to § 4 paragraph 2 in conjunction with § 3, paragraph 2, sentence 1 number 1 (4) of the agents must the tasks entrusted to him with regard to market surveillance authorities exercise.

§ 7 obligations of the importer (1) which importer must, before he brings an electrical or electronic device on the market, that the manufacturer through a procedure has shown number 2 or sentence 2 according to § 3, paragraph 2, sentence 1, that the electric or electronic device meets the requirements of article 3 paragraph 1 make sure. Here, the importer has to check whether 1 the manufacturer number 1 has created the technical documentation according to § 3, paragraph 2, sentence 1, 2. the electrical or electronic device is provided with the CE-marking according to § 12, and 3. the manufacturer has marked the electrical or electronic device according to § 5 paragraph 1 and 2 in particular.
There is reason to believe that an electrical or electronic device doesn't meet the requirements according to article 3, paragraph 1, the importer must bring this device not in traffic. He informed about the manufacturer and the competent authorities.
(2) there is reason to believe that electric by the importer, or electronic device corresponds to the requirements of section 3, the importer has to take immediate action, through which conformity is produced; If this is not possible, he must, if necessary, remove the electrical and electronic equipment from the market or recall. He must immediately inform the competent authorities and make detailed information, in particular about the non-compliance and the action taken.
(3) the importer must keep a register of non-conforming electrical imported by him and electronic equipment as well as related recalls and withdrawals of electrical and electronic equipment and inform the Distributor about this directory listed waste electrical and electronic equipment on a regular basis.
(4) the importer has to provide a copy of the EC declaration of conformity to the competent authorities for a period of ten years from the placing on the market of the last piece of an electrical or electronic device series and to ensure he can present the technical documentation to those authorities upon request.
(5) the importer must ensure that its name, its registered company or its registered trademark and his address on the electrical or electronic device are specified. If this is not possible, the importer must make these indications on the packaging or in the documents enclosed with the device.
(6) the importer is obliged to provide all information and documents their reasoned request from a competent authority that are required to demonstrate the conformity of the EEE placed on the market with the requirements of section 3. The information and documents are to write in German or English language. The importer has with that authority, at its request, with all necessary measures to cooperate, are intended to ensure that the device placed by him to comply with the requirements of this regulation.

§ 8 obligations of the Distributor (1) which must distributors before he provides an electrical and electronic equipment on the market, with the necessary care check whether this meets the requirements of section 3. He has in particular to examine whether 1 the device bearing the CE marking is provided according to § 12 and 2 the manufacturer its labelling has fulfilled the labelling obligations according to § 5 paragraph 1 and 2 or the importer according to § 7 paragraph 5.
There is reason to believe that an electrical or electronic device doesn't meet the requirements according to article 3, paragraph 1, of the Distributor must provide this device on the market. He informed about the manufacturer or the importer and the competent authorities.
(2) there is reason to believe that electric provided by the distributor in the market or electronic equipment not meeting the requirements of section 3, the Distributor must ensure that the measures are taken, by which conformity is produced; If this is not possible, the Distributor must, if necessary, withdraw this device or call back. He must immediately inform the competent authorities and make detailed information, in particular about the non-compliance and the action taken. He informed on this also the manufacturer or the importer.
(3) the Distributor has the authority on their reasoned request from all present information and documents handed over to him, which are required for the verification of the conformity of electrical and electronic equipment with the requirements of section 3. The Distributor has with this authority at its request with all measures to cooperate, are intended to ensure that the equipment provided by him on the market meets the requirements of section 3.

§ 9 circumstances under which the obligations of the manufacturer are valid also for the importer and the distributor an importer or distributor shall apply for the purposes of this Regulation as a manufacturer and has the obligations for manufacturers in accordance with paragraph 4, to keep a 5 and 11 when he 1 brings an electrical or electronic equipment under his own name or his own brand on the market or 2. modified electric installed already on the market, or electronic device , may endanger the fulfilment of the requirements arising from this regulation.

Naming of economic agents (1) § 10 each economic operator has to call those economic operators to the competent authorities at their request, he an electrical or electronic device has obtained 1 of which and he an electrical or electronic device gave off 2 to the.
(2) the manufacturer must provide the information referred to in paragraph 1 for a period of ten years from the placing on the market. The other economic agents must keep the information referred to in paragraph 1 for a period of ten years following the transfer of electrical or electronic equipment.

§ Confirmed 11 EU Declaration of conformity (1) with the exhibition of the EU Declaration of conformity the manufacturer, that 1 the substance restrictions referred to in article 3, paragraph 1 shall be respected and 2nd which was carried in § 3, paragraph 2, sentence 1, number 2 or conformity assessment procedures referred to in article 3, paragraph 2, sentence 2.
(2) the EU Declaration of conformity must 1 in their structure conform to the model in annex VI to Directive 2011/65/EC, 2 contain the elements specified in annex VI to Directive 2011/65/EC, and 3 by the manufacturer are updated regularly.
A signed version must be provided either in German or English at the choice of the manufacturer. It is to translate the German language at the request of the competent authority.

§ 12 CE marking (1) the General principles referred to in article 30 of Regulation (EC) apply for the CE marking no 765 / 2008 of the European Parliament and of the Council of 9 July 2008 on the requirements for accreditation and market surveillance relating to the marketing of products and repealing Regulation (EEC) No 339/93 (OJ OJ L 218 of the 13.8.2008, p. 30).
(2) the CE marking is visible to apply legibly and indelibly on the finished electrical or electronic equipment or to its data plate. If this is not possible due to the size or type of electrical or electronic equipment, it is affixed on the packaging and accompanying documents.

Article 13 presumption of conformity (1) in an electrical or electronic device that is provided with the CE marking, market surveillance authorities assume that the device the requirements according to § 3 para 1, 2 sentence 1 number 1, 2 and 3 and record 2 meets.
(2) for electrical and electronic equipment, as well as for their materials and components is refutable believed that they meet the requirements of § 3 paragraph 1 if 1 on them by the manufacturer or by him appointed third tests or measurements were made, which demonstrate compliance with the requirements referred to in article 3, paragraph 1, or 2 they were rated according to harmonised standards, the reference numbers of which have been published in the official journal of the European Union.

Article 14 any person within the meaning of article 69, paragraph 1, number 8 of the circulatory economic law is fine rules (1), who intentionally or negligently brings an electrical or electronic device contrary to article 3, paragraph 1 on the market.
(2) any person within the meaning of article 39, paragraph 1 number 7 letter a of the product safety act is, who intentionally or negligently 1 contrary to article 3, paragraph 2, sentence 1 number 3 brings an electrical and electronic equipment on the market, 2. contrary to article 5, paragraph 1, sentence 1 does not ensure that an electrical or electronic device a flag there called bears, 3. contrary to article 5, paragraph 2, sentence 1 or § 7 paragraph 5 does not ensure , that there is a there called an indicator on the mentioned device, on the packaging or in the documents there referred, or 4.
contrary to § 5, paragraph 3, sentence 1, § 7, paragraph 6, sentence 1 or § 8, paragraph 3, sentence 1 there called information or a document there called debtors do not, not fully or not in time or not, not fully or not in a timely manner makes available.

Article 15 transitional provisions (1) without prejudice to paragraphs 2 and 3 may waste electrical and electronic equipment, before the entry into force of this regulation is not within the scope of the waste electrical and electronic equipment Act of 16 March 2005 (BGBl. I S. 762), most recently by article 3 of the Act of February 24, 2012 (BGBl. I S. 212) is changed, fell, to be provided to the 22 July 2019 on the market , even if they do not meet the requirements of this regulation.
(2) exempt from the substance restrictions pursuant to § 3 paragraph 1 are the following electrical and electronic equipment which may be brought until the following dates in traffic: 1 medical devices and monitoring and control instruments until the end of the 21 July 2014, 2. in-vitro diagnostic medical devices until the expiry of 21 July 2016 and 3 industrial monitoring and control instruments until the expiry of the 21 July 2017. (3) excluded from the substance restrictions pursuant to § 3 paragraph 1 are cable or spare parts 1 electrical and Electronic equipment, which have been placed until the end of June 30, 2006 in traffic, 2 medical devices which were placed until the expiry of the 21 July 2014 in traffic, 3. in-vitro diagnostics, which have been placed until the expiry of the 21 July 2016 in traffic, 4. monitoring and control instruments, which have been placed until the expiry of the 21 July 2014 in traffic, 5 industrial monitoring and control instruments , which have been brought until the expiry of the 21 July 2017 in traffic, and 6 electrical and electronic devices, as far as this is an exception to the annex of to Directive 2002/95/EC of the European Parliament and of the Council of 27 January 2003 on the restriction of the use of certain hazardous substances in electrical and electronic equipment (OJ L 37 of the 23.2.2003, p. 19) or was on the basis of article 5 of this directive and which have been brought before the end of this exception in transport.
(4) excluded from the substance restrictions pursuant to § 3 paragraph 1 are spare parts, from electrical and electronic equipment, be extended until the expiration of 30 June 2006 on the market were brought, and used in devices, that be brought unless the reuse in a verifiable closed principally system to the expiration of 30 June 2016 into traffic and is identified to consumers and consumers , that parts were reused.

Article 16 entry into force this regulation enter into force on 9 may 2013.

Concluding formula the Federal Council has approved.

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