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Royal Decree 208/2005, Of 25 February, On Electric And Electronic Equipment And The Management Of Its Waste.

Original Language Title: Real Decreto 208/2005, de 25 de febrero, sobre aparatos eléctricos y electrónicos y la gestión de sus residuos.

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TEXT

Directive 2002/96/EC of the European Parliament and of the Council of 27 January 2003 on waste electrical or electronic equipment, as amended by Article 9 of Directive 2003 /108/EC of the European Parliament and of the Council, of 8 December 2003, aims to reduce the amount of such waste and the danger of the components, to encourage the reuse of equipment and the recovery of its waste and to identify appropriate management the effectiveness of environmental protection. In order to achieve these objectives, it sets out a series of rules applicable to the manufacture of the product and others relating to its proper environmental management when it comes to waste.

It is also intended to improve the environmental performance of all actors involved in the life cycle of electrical or electronic equipment, for example, producers, distributors, users, and in particular the of those agents directly involved in the management of the waste derived from such equipment.

This royal decree, which incorporates the aforementioned directives into national law, is given in accordance with Articles 1 and 7 of Law 10/1998 of 21 April of Waste, which empowers the Government to fix specific provisions concerning the production and management of certain types of waste in such a way as to facilitate their reuse, recycling and recovery.

According to the above, this royal decree establishes preventive measures from the design and manufacture phase of electrical or electronic equipment, mainly aimed at limiting the inclusion in them of dangerous substances. The provisions of Directive 2002/95/EC of the European Parliament and of the Council of 27 January 2003 on restrictions on the use of certain dangerous substances in electrical or electronic equipment, and permitted, of compliance with Community legislation, a period of adaptation under which such restrictions are to be definitively required for equipment to be placed on the market as from 1 July 2006.

On the other hand, it is determined how to manage electrical or electronic equipment to minimize the environmental condition of this type of waste with special consideration of those from private households, due to its the majority of the total amount of waste from these appliances.

First, it is established that the last holders will be able to return the equipment, at no cost, to the distributors or to the local authorities that will temporarily receive the goods from private households and, after agreement voluntary, those for professional use. Subsequently, producers will have to take care of them and proceed with their proper management. If they do not carry out such management themselves, they must be given to authorised managers or to participate in integrated management systems in which the various economic operators can intervene.

Likewise, the royal decree concretely the operations of its treatment, which must conform to the best available techniques, within the meaning of Law 16/2002, of July 1, of prevention and integrated control of the contamination, and provides, in addition, the legal system depending on the characteristics of the operations and the danger of the components constituting the object of the management.

In application of the "polluter pays" principle, the producer must bear the costs of the management, including collection from temporary storage facilities established by local authorities or from the local authorities. distributors, of the waste generated after the use of electrical or electronic equipment placed on the market as from 13 August 2005. It is also envisaged to finance the costs of managing waste from appliances placed on the market before that date, depending on whether they come from private households or from professional use.

The producers of electrical and electronic equipment must register or be registered in the Register of industrial establishments constituted under the Law 21/1992, of 16 July, of Industry, and of the Register of State-wide industrial establishments, approved by Royal Decree 697/1995 of 28 April.

On the other hand, devices placed on the market as from 13 August 2005 will be marked to identify their producer and to verify that they have been placed on the market after that date, and will be labelled, in addition, with the symbol set out in Annex V, indicative of the necessary selective and differentiated collection of the rest of urban waste, and according to the European standard developed for that purpose.

Finally, the technical requirements are laid down both for reception facilities, even temporary ones, such as those for waste treatment facilities for electrical or electronic equipment and for the determination of the information that the various economic operators must refer to the Autonomous Communities and to the Register of State-level industrial establishments, as well as the State-level industrial establishments, as well as the State Department for their referral to the Union European.

In its virtue, on the proposal of the Ministers of the Environment and Industry, Tourism and Trade, in agreement with the Council of State and after deliberation of the Council of Ministers at its meeting of the day 25 February 2005,

D I S P O N G O:

Article 1. Object and scope of application.

This royal decree is intended, by means of the transposition of Directives 2002/95/EC of the European Parliament and of the Council of 27 January 2003, on restrictions on the use of certain dangerous substances in the electrical and electronic equipment, 2002 /96/EC of the European Parliament and of the Council of 27 January 2003 on waste electrical and electronic equipment, and 2003 /108/EC of the European Parliament and of the Council of 8 December 2003, amend Directive 2002/96/EC, establish measures to prevent the generation of waste from electrical and electronic equipment and reduce the removal and danger of its components, as well as regulate its management in order to improve the protection of the environment.

It is also intended to improve the environmental performance of all actors involved in the life cycle of electrical and electronic equipment, for example, producers, distributors, users and, in particular, the of those agents directly involved in the management of the waste derived from such equipment.

This royal decree applies to all electrical and electronic equipment listed in the categories listed in Annex I, and excludes those that are part of another type of apparatus not included in its scope and the equipment intended for specifically military purposes, necessary for national security.

Article 2. Definitions.

For the purposes of this royal decree, it is understood by:

(a) Electrical and electronic equipment: appliances which need to operate electric current or electromagnetic fields, intended to be used with a rated voltage not exceeding 1000 V in alternating current and 1500 V in continuous current, and the equipment necessary to generate, transmit and measure such currents and fields.

(b) Waste electrical and electronic equipment: electrical and electronic equipment, its materials, components, consumables and subassemblies that make up them, originating both from private households and from professional uses; from the time they become waste.

Waste of electrical and electronic equipment from private households is understood to be from private households and from commercial, industrial, institutional and other sources which, by virtue of their nature and quantity, are similar to those from private households. These wastes shall be considered as urban waste, as defined in Article 3 (b) of Law 10/1998 of 21 April of Waste.

(c) Producers of electrical and electronic equipment: natural or legal persons who, irrespective of the selling technique used, including distance selling or electronics, manufacture and sell electrical appliances and (a) electronic trade marks, which place on the market the equipment manufactured by third parties and those imported from or exported to third countries on the market. The distributor shall not be regarded as a producer if the producer's mark appears on the apparatus, where the owner of that trade mark is registered in the Register of State-owned industrial establishments referred to in the additional provision. first.

The status of a producer shall not be the natural or legal person who exclusively finances the placing on the market, unless he acts as a producer according to any of the cases provided for in the preceding paragraph.

d) Distributor or seller: any person who supplies electrical and electronic equipment, under commercial conditions, to another person or entity who is the end user of such product.

e) Treatment: any activity after the delivery of waste electrical and electronic equipment to an installation for decontamination, disassembly, crushing, recovery or preparation for disposal and any other operation carried out for the purpose of recovery and/or disposal of waste electrical and electronic equipment.

(f) Hazardous substance or preparation: any substance or preparation identified as "dangerous" in the Regulation on the notification of new substances and the classification, packaging and labelling of dangerous substances; approved by Royal Decree 363/1995 of 10 March 1995 or in the Regulation on the classification, packaging and labelling of dangerous preparations, approved by Royal Decree 255/2003 of 28 February.

Article 3. Prevention measures.

Producers of electrical and electronic equipment, their materials and components must:

(a) Design all appliances and light bulbs and luminaires of particular households, in such a way as not to contain lead, mercury, cadmium, hexavalent chromium, polybromobiphenyls or polybromodiphenylethers, except for exceptions and with the conditions set out in Annex II. This measure shall not affect the appliances falling within categories 8 and 9 of Annex I.

Furthermore, and with the exceptions set out in Annex II, parts and components manufactured from the substances set out in the Annex may not be used for the repair or reuse of electrical and electronic equipment. previous paragraph.

(b) Design and produce the apparatus in such a way as to facilitate disassembly, repair and, in particular, reuse and recycling. To this end, no specific design or manufacturing process of such apparatus shall be adopted to prevent reuse, unless such characteristics have major advantages for the environment or for the safety of the equipment. apparatus.

(c) Provide waste managers with electrical and electronic equipment, to the extent that they so request, the timely information for disassembly that allows the identification of the various components and materials that are susceptible to reuse and recycling, as well as the location of dangerous substances and preparations and the way to achieve the corresponding targets for reuse, recycling and recovery in each appliance. Article 9. Such information shall be provided on the support which is deemed appropriate in each case within a maximum of one year from the placing on the market of each type of apparatus.

(d) Inform users of the criteria for proper environmental management of waste electrical and electronic equipment from private households, return systems and their gratuity and collection selective. The meaning of the symbol in Annex V shall also be reported in the instructions for use, warranty or documentation accompanying the apparatus, as well as the possible effects on the environment or human health of dangerous substances which may contain.

Article 4. Delivery of waste electrical and electronic equipment.

1. Users of electrical and electronic equipment used in their homes must deliver them, when they are disposed of, to be properly managed.

Delivery will be at least no cost to the last holder.

2. To this end, when the user acquires a new product, which is of an equivalent type or performs the same functions as the apparatus that is discarded, he/she can deliver it in the act of the purchase to the distributor, which must receive it temporarily, always which contains the essential components and does not include other non-waste materials. To this end, producers and distributors may agree on the manner and conditions under which such temporary reception shall be carried out, as well as the collection carried out pursuant to paragraph 7.

3. The local authorities of more than 5,000 inhabitants will have to ensure through their municipal systems, in the framework of their competences in the field of urban waste management, the selective collection of waste electrical and electronic equipment. from the households. In the municipalities of 5,000 inhabitants or less, or their groupings, it will be carried out in the terms established by the regulations of their respective autonomous community. In any case, they shall have a sufficient number of facilities distributed according to criteria, including accessibility, availability and population density.

4. Producers shall establish systems for the selective collection of waste electrical and electronic equipment which do not come from private households and which are transported to approved treatment centres. The producer shall be responsible for the management of its waste.

5. By means of voluntary agreements, local authorities or their groupings may receive waste from electrical and electronic equipment not from private households, at no cost to them. The reception will be made in a differentiated way to the rest of urban waste and in the form of the corresponding municipal ordinances.

6. Where the collection of the waste referred to in paragraphs 2, 3 and 4 involves health or safety risks to the health of the persons, as a result of being contaminated, their return may be rejected. In such cases, the last holder of the waste shall be responsible for the proper management of the waste and shall be subject to the relevant rules.

7. Producers, from distributors or from municipal facilities, shall be obliged to collect the necessary periodicity and to transfer the waste from their products to approved installations for treatment. In these facilities, sampling and triages shall be carried out to allow the characterisation and classification of the waste, and the specific legislation applicable to it shall apply to each resulting fraction.

They may conduct such management individually, ensuring that the management objectives set out in this royal decree are met or participating in an integrated management system.

Article 5. Treatment of waste electrical and electronic equipment.

1. Waste electrical and electronic equipment containing hazardous materials or elements shall be decontaminated. The decontamination shall include at least the selective removal of fluids, components, materials, substances and preparations in accordance with Annex III.

2. Treatment operations will have as a priority, in this order, reuse, recycling, energy recovery and disposal. The recovery operations shall apply to them the legal regime established by Law 10/1998 of 21 April of Waste, taking into account the characteristics of the operations and the danger of the components constituting the object. of the management.

3. All processing operations shall be carried out using best available techniques. In particular, the operations for the shipment of waste electrical and electronic equipment shall be carried out in such a way that the best decontamination, reuse and recycling of the whole apparatus or its components can be achieved.

4. Autonomous communities and local authorities shall promote the adoption of internationally accepted certified environmental management systems for environmental management activities for the treatment of waste electrical appliances and electronic.

5. The entry into or exit from the national territory of waste electrical and electronic equipment for its treatment shall be in accordance with the rules on shipment of waste laid down in Law 10/1998 of 21 April of Waste and in Regulation (EEC) Council Regulation (EC) No 259/93 of 1 February 1993 on the supervision and control of shipments of waste within, into and out of the European Community.

Article 6. Technical requirements for waste collection and treatment facilities for electrical and electronic equipment.

1. Installations in which electrical and electronic waste is collected, including temporarily, excluding the establishments of distributors, and in which the processing operations of such waste are carried out must comply with at least the following: the technical requirements set out in Annex IV.

In addition, both treatment facilities and temporary storage spaces provided for in the municipalities, in cases where the autonomic legislation applicable to them is required, must be authorized by the competent authority of the autonomous communities where they are located.

2. Treatment facilities shall keep a record of their activity, the content of which shall be in accordance with Article 13.3 of Law 10/1998 of 21 April of Waste.

Article 7. Obligations of producers of electrical or electronic equipment.

1. Each producer shall take the necessary measures to ensure that waste electrical and electronic equipment on the market is collected selectively and has proper environmental management, unless they are reused as equipment. integers. To this end, producers shall establish systems for collecting and managing the treatment of waste from their appliances as provided for in Articles 4, 5 and 6 and shall finance the costs inherent in such management. These costs will not be shown to consumers separately at the time of sale.

Producers shall comply with the obligations set out in the preceding paragraph either individually, as provided for in Law 10/1998 of 21 April of Waste, either through one or more integrated management systems in the the form set out in Article 8 of this royal decree.

2. For the purposes of the financing of the selective collection of waste electrical and electronic equipment from households, and pursuant to Article 7 of Law 10/1998 of 21 April of Waste, the producers managing the waste individually their waste and the integrated management systems which may be constituted under Article 8 of this royal decree shall bear the cost of such selective collection from the points of delivery. To this end, they will be able to enter into a framework agreement with the autonomous communities, to which local authorities may voluntarily join, so as to facilitate the perception of the additional costs actually incurred by the collection. selective of this type of waste.

In the negotiation of the framework agreement, the autonomous communities will guarantee the participation of the local authorities, which will provide, for these purposes, the documentary evidence that is precise for the calculation of the costs additional that they have effectively to support.

In the same way, producers of electrical and electronic equipment will be able to enter into agreements directly with local authorities, with the same purpose.

3. Producers of electrical and electronic equipment shall declare to the Autonomous Community where their registered office is located and to the Register of State-wide industrial establishments the status of producer and the procedure chosen for compliance with the obligations set out in this Article.

4. Producers who do not participate in an integrated system for the management of waste electrical and electronic equipment and establish an individual management system for their products shall submit to the competent body of the Community Where the Commission has declared its status as a producer, the supporting documentation for the establishment of such an individual management system, with the minimum content set out in Annex VI, has been declared. This should ensure:

a) That the return of waste electrical and electronic equipment to the end user will not be made difficult.

b) That management will remain free for the end user to deliver household waste.

c) Ensuring compliance with the obligations set forth in this royal decree.

d) That the objectives set out in Article 9 can be achieved.

The Autonomous Communities shall communicate to the Registry of State-wide industrial establishments the authorisations of the individual systems in their territory.

5. Those producers who are engaged in an individual management system shall ensure the financing of the management of all waste electrical and electronic equipment placed by it on the market. The guarantee may consist of a recycling insurance or a blocked bank account.

Article 8. Integrated systems for the management of waste electrical and electronic equipment.

1. Producers of electrical and electronic equipment may comply with the obligations laid down in paragraph 1 of the previous Article by participating, in collaboration with other economic operators, in one or more integrated management systems.

2. Integrated management systems shall be authorised by the autonomous communities in which they are located territorially and shall be given publicity to their authorisation in the relevant official journal.

3. Applications for authorisation from integrated management systems shall contain at least the following determinations:

(a) Producers attached to the integrated management system.

b) The territorial application scope of the integrated management system.

(c) The identification and domicile of the entity, with its own legal personality and non-profit, to which the management of the system shall be attributed.

(d) The identification of collection points and managers who will be responsible for the management of waste electrical or electronic equipment.

e) The amount that is expected to be collected and percentages intended for reuse, recycling and recovery with their corresponding deadlines and mechanisms of monitoring, control of operation and verification of the degree of compliance. Those percentages shall in no case be lower than those set out in Article 9.

f) The financing mechanisms and guarantees that are established.

g) Procedures for the provision of information to public administrations.

h) The date of approval of its activity as an integrated system of management or manager of electrical and electronic equipment by the autonomous community in which its registered office or facilities are located recovery.

4. The authorisations of the integrated management systems shall be granted for five years, successively, for equal periods.

Article 9. Objectives for collection, recovery, reuse and recycling.

1. The following collection, reuse and recycling and recovery objectives shall be met by 31 December 2006 at least:

(a) Four kilograms, on average, per inhabitant per year of waste electrical and electronic equipment from private households shall be collected selectively.

(b) For large household appliances and vending machines, 80% of the weight of each type of appliance shall be valorised. The components, materials and substances shall be reused and recycled, by category, 75 per cent of the weight of each type of appliance.

(c) For computer and telecommunications equipment and consumer electronics, 75 percent of the weight of each type of apparatus shall be valorised, per category. The components, materials and substances shall be reused and recycled, by category, 65 per cent of the weight of each type of appliance.

(d) For small electrical appliances, lighting equipment, electrical and electronic tools (excluding large-scale fixed industrial tools), toys or sports equipment and free time equipment and instruments surveillance and control shall be valorised, by category, 70 per cent of the weight of each type of apparatus. The components, materials and substances shall be reused and recycled, by category, 50 per cent of the weight of each type of appliance.

e) The percentage of reuse and recycling of gas discharge lamp components, materials and substances shall reach 80 percent of the weight of the lamps.

2. For the purposes of calculating those objectives, waste electrical and electronic equipment sent for treatment to other States of the European Union or to third countries shall be taken into account, provided that the recovery operations are established, reuse, recycling or disposal are carried out in accordance with the Community rules on the environment, safety and occupational hygiene and with the provisions set out in this royal decree for processing operations.

Whole reused devices shall not account for the calculation of the recovery targets set out in point 1.b), (c), (d) and (e) until December 2008.

Article 10. Marking of electrical or electronic equipment.

All appliances must be marked to identify the producer and to record that they have been placed on the market after 13 August 2005, according to the European standard developed for this purpose. In addition, those intended for households shall be marked by the symbol contained in Annex V. Exceptionally, if the apparatus cannot be labelled by its size or by the function to be developed, the symbol shall be affixed to the container, in the instructions for use and on the warranty of the appliance.

Article 11. Information to the Autonomous Communities.

1. Producers who do not participate in an integrated management system shall forward annually to the competent authority of the autonomous community where the following data, certified by an external auditor, expressed in kilograms or, if any, are transmitted by an external auditor. this is not possible, in number of devices:

(a) Electrical and electronic equipment, by type of apparatus placed on the market, at national level in the previous year.

b) Waste electrical and electronic equipment collected from distributors or local entities.

c) Directly managed waste, as well as those delivered to authorised managers for treatment.

d) Compliance with the objectives.

2. Integrated systems for the management of electrical and electronic equipment, in the first three months of each year, shall forward to the competent authority of the autonomous community authorising a report certified by an external auditor, referred to in his in the previous year, in which at least they relate to:

(a) The quantities of each type of apparatus placed on the market at the national level.

b) The final amounts of waste managed, by product and material categories, in each autonomous community.

3. Undertakings carrying out processing operations, as specified in Article 5.1, shall provide each year the data recorded to the competent authority of the respective Autonomous Community. Other economic operators carrying out management operations shall forward to the competent regional authority the information on the quantities of waste electrical and electronic equipment managed by them in that autonomous community, as well as the sent to other autonomous communities.

4. The data for the waste treated in accordance with Article 9.2 shall be referred by the treatment centre to the competent authority of the autonomous community from which the waste was sent.

Article 12. Information to the Ministry of the Environment.

In order to fulfil the obligations to supply information to the European Commission, and to update the national waste inventory, the autonomous communities will forward, within the first six months of each year, to the General Quality and Environmental Assessment of the Ministry of the Environment a summary report, referred to the previous year, in which they appear, expressed in kilograms or, if it is not possible, in the number of devices, waste electrical appliances and Collected electronics, as well as the percentages of reuse, recycling and recovery reached in that autonomous community.

Such information may be provided directly or through the managing entities, in the case of voluntary agreements and integrated management systems, and shall be done in accordance with the European standard developed for this purpose.

Article 13. Sanctioning regime.

The violations committed against the provisions of this royal decree will be subject to the sanctioning regime governed by Law 10/1998 of 21 April of Waste and Law 21/1992 of 16 July of Industry.

Additional disposition first. Registration in the Register of State-wide industrial establishments.

1. All producers of electrical and electronic equipment must be registered or registered in the Register of State-owned industrial establishments constituted under Law 21/1992, of 16 July, of Industry, and of the Regulation of the Register of State-owned industrial establishments, approved by Royal Decree 697/1995 of 28 April.

2. A special section will be set up for producers of electrical and electronic equipment in the Register of State-owned industrial establishments, to which they will have to submit the following information:

a) The identification of the producer.

b) The communication of the producer, with indication of the autonomous community and the date of the communication to the producer.

(c) The procedure to comply with the obligations for the management of waste from your appliances:

1. º If it is a collective system, the identification of integrated management systems.

2. º If it is an individual system, the indication, at least, of the type and amount of the guarantee.

In both cases the appropriate supporting documentation will be accompanied.

d) Equipment placed on the market:

1. Category.

2. Type of apparatus.

3. Source:

Manufactured and placed on the market by the same company.

Manufactured by another company in Spain.

Imported.

Exported.

Acquired in an EU country.

4. º Quantities. Weight in tons and, if not possible, in units.

5. Usos:

Homes.

Not homes.

Both uses.

3. Every three months, the register shall inform each producer of the market share which it is responsible for, by type of apparatus, for the purposes of the distribution of the economic burdens associated with the management of its waste. The calculation of the quota shall be based on the data provided by each producer in the preceding quarter. This information will apply to the second paragraph of Article 14.1 of the Regulation of the State-wide Registry of Industrial Establishments, approved by Royal Decree 697/1995 of 25 April, without prejudice to the provisions of the next section.

4. In the first three months of each year, the register will send to the Environment Ministry's Directorate-General for Quality and Environmental Assessment a summary report showing the quantities of each type of equipment placed on the market in the national scope for each producer, in the previous year:

a) Fabricates and sold with their own brand.

b) Sold, with own brand, manufactured by third parties.

c) Imported.

d) Exported.

Additional provision second. Financing of the management of waste electrical and electronic equipment placed on the market before 13 August 2005 and equipment not coming from private households.

1. The costs of waste management of electrical and electronic equipment placed on the market before 13 August 2005 will be financed:

(a) If the waste comes from private households and is collected at the premises established in accordance with Article 4 (2) and (3), collectively by all the existing producers on the market in that country time, in proportion to its market share by type of apparatus.

(b) If the waste does not come from private households and the appliances are replaced by other new equivalents or perform the same functions, the cost of the management shall be borne by the producers of those appliances when supply them. If the user only delivers the device used to be managed, the cost of the management will be in charge.

2. Producers and users of equipment which do not come from private households may provide, by agreement, other financing of waste management other than that provided for in the previous paragraph and in Article 7.1.

In this case, when the professional user takes over the waste management, he/she must comply with the obligations to guarantee the recovery, recycling and supply of the information established in this royal decree.

Additional provision third. Prevention of occupational risks.

In terms of the protection of the health and safety of workers, the provisions of Law 31/1995 of 8 November on the Prevention of Occupational Risks and their regulations on development and, specifically, on the Royal Decree 374/2001 of 6 April 2001 on the protection of the health and safety of workers against the risks related to chemical agents at work and in Royal Decree 665/1997 of 12 May 1997 on the protection of workers workers against risks related to exposure to carcinogens at work.

Single transient arrangement. Information on the impact on the price of the product of the costs of historical waste management.

In the devices placed on the market from the entry into force of this royal decree, the producers will have to inform the users about the impact on their final price of the management costs of the existing devices in the the market before 13 August 2005, when waste is released. Such information shall be specified on the invoice. This obligation may be maintained until 13 February 2011, except for equipment falling within category 1 of Annex I, for which it may be extended until 13 February 2013.

Final disposition first. Competitive titles.

This royal decree has the nature of basic legislation in accordance with the provisions of Article 149.1.13. and 23. of the Constitution.

Final disposition second. Development, implementation and adaptation of the royal decree.

1. The Ministers for Industry, Tourism and Trade and the Environment will decide jointly or separately, in the areas concerned, and in the field of their respective powers, the provisions required for the development and implementation of the this royal decree.

2. The Ministers for Industry, Tourism and Trade and the Environment are entitled to introduce in this royal decree, in the same terms as the previous paragraph, and in particular to their annexes, any amendments of a technical nature. precise to keep it adapted to the technical innovations that occur and in particular to the provisions of the Community legislation.

Final disposition third. Entry into force.

1. This royal decree will enter into force on the day following its publication in the "Official State Gazette".

2. However, the above:

(a) The prohibition of the use of dangerous substances in electrical and electronic equipment and of the use of parts and components with the aforementioned substances in the repair, extension and reuse of such equipment, in Article 3 (1), only the appliances placed on the market shall be required as from 1 July 2006.

(b) The obligation to provide waste managers with electrical and electronic equipment for disassembly, as referred to in Article 3 (3), shall be required from 13 August 2005.

(c) The marking obligation laid down in Article 10 shall be payable to appliances placed on the market as from 13 August 2005.

(d) The obligation for producers to set up waste management systems for their own devices and for their financing, as set out in Article 7.1, shall be required from 13 August 2005.

Given in Madrid, 25 February 2005.

JOHN CARLOS R.

First Vice President of the Government
and Minister of the Presidency,

MARIA TERESA FERNANDEZ DE LA VEGA SANZ

ANNEX I

Categories of electrical or electronic equipment included in the scope of this royal decree. Indicative list of products, according to categories

Categories

1. Large appliances.

2. Small appliances.

3. Computer and telecommunications equipment.

4. Consumer electronics.

5. Lighting fixtures.

6. Electrical or electronic tools (excluding permanently fixed industrial tools, of a large scale and installed by professionals).

7. Toys and sports equipment or free time equipment.

8. Medical devices (excluding all products implanted and infected).

9. Surveillance or control instruments.

10. Vending machines.

Indicative list of products covered by the above categories

1. Large appliances:

Large refrigerators equipment.

Refrigerators.

Freezers.

Other large appliances used for refrigeration, storage and storage of food.

Washing Machines.

Sectors.

Dishwashers.

Kitchens.

Electrical stoves.

Electric Heat Plates.

Microwave ovens.

Other large appliances used for cooking and other food processing processes.

Electrical heating appliances.

Electric Radiators.

Other large appliances used to heat rooms, beds, furniture for sitting.

Electrical fans.

Air-conditioning devices.

Other aeration, suction ventilation, and air conditioning devices.

2. Small appliances:

Vacuum Cleaners.

Clean-up.

Other cleaning and maintenance devices and diffusers.

Appliances used for sewing, knitting, knitting and other textile processing processes.

Plates and other appliances used for ironing and to give other types of care to clothing.

Toasters.

Freidoras.

Molineers, coffee makers, and appliances for opening or sealing packages or packages.

Electrical knives.

Appliances to cut hair, to dry hair, to brush teeth, shavers, massage appliances and other body care.

Watches, wristwatches, and apparatus for measuring, indicating or recording time.

Balances.

3. IT and telecommunications equipment:

a) Centralized data processing:

Large computers.

Minicomputers.

Print units.

b) Personal computer systems:

Personal computers (including central unit, mouse, screen, and keyboard).

Laptops (including central unit, mouse, screen, and keyboard).

Notebook-type laptops.

Notepad-type laptops.

Printers.

Copier.

Electrical or electronic typewriters.

Table or Pocket Calculators.

Other products and devices for the collection, storage, processing, presentation or communication of information in an electronic manner.

Systems and user terminals.

Fax Terminals.

Telex Terminals.

Phones.

Pay phones.

Wireless phones.

Cell phones.

Automatic counters.

Other products or devices for the transmission of sound, images or other information by telecommunications.

4. Consumer electronics:

Radios.

Tvs.

Camcorders.

Videos.

High-fidelity chains.

Sound Amplifiers.

Musical instruments.

Other products or apparatus used for recording or reproducing sound or images, including signals and technologies for the distribution of sound and image other than telecommunications.

5. Lighting fixtures:

Luminaires for fluorescent lamps, excluding luminaires from particular homes.

Straight fluorescent lamps.

Compact fluorescent lamps.

High-intensity discharge lamps, including pressure sodium lamps and metal halide lamps.

Low Pressure Sodium Lamps.

Other lighting equipment used to disseminate or control light, excluding filament bulbs.

6. Electrical and electronic tools (excluding permanently large fixed industrial tools, installed by professionals):

Taladors.

Sierras.

Sewing machines.

Tools for turning, milling, framing, polishing, sawing, cutting, shearing, drilling, drilling, punching, folding, bending or working wood, metal or other materials in a similar manner.

Tools for remaking, diving or screwing or for removing rivets, nails, screws, or similar applications.

Tools for welding (with or without alloy) or for similar applications.

Tools for spraying, spreading, propagating, or applying other treatments with liquid or gaseous substances by other means.

Tools for cutting grass or for other gardening work.

Other tools.

7. Toys or sports equipment and free-time equipment:

Electric trains or electric track cars.

Portable consoles.

Video Games.

Computers for cycling, diving, running, rowing, etc.

Sports equipment with electrical or electronic components.

Slot machines.

Other toys or sports equipment and free time.

8. Medical devices (excluding all products implanted and infected):

Radiotherapy devices.

Cardiology.

Dialysis.

Lung fans.

Nuclear medicine.

In vitro diagnostic laboratory devices.

Parsers.

Freezers.

Fertilization tests.

Other devices to detect, prevent, monitor, treat, or alleviate illness, injury, or disability.

9. Surveillance and control instruments:

Smoke Detector.

Heating regulators.

Thermostats.

Measuring, weighing or setting appliances for the home or as a laboratory material.

Other surveillance and control instruments used in industrial installations (e.g. on dashboards).

10. Vending machines:

Hot Beverage Vending Machines.

Vending Machines for bottles or cans, cold or hot.

Solid product vending machines.

Money vending machines.

All appliances for automatic delivery of all products.

ANNEX II

Exceptions to bans on the use of lead, mercury, cadmium and hexavalent chromium in matt-rials and components of electrical and electronic equipment

a) Mercury:

In compact fluorescent lamps, if they do not exceed 5 mg per unit.

In straight fluorescent lamps for general purposes, if they do not exceed:

Halophosphate: 10 mg.

Triphosphate with normal life: 5 mg.

Long-lived Triphosphate: 8 mg.

In straight fluorescent lamps for special uses.

In lamps not specifically mentioned in this Annex

Other applications that do not exceed the maximum tolerable concentration values that are set.

b) Lead:

In the glass of cathode tubes, electronic components, and fluorescent tubes.

As an alloy element in steel up to 3.5 percent by weight, in aluminum containing 0.4 percent by weight and in copper alloys containing up to 4 percent by weight

In welds of the type of high fusion (i.e., tin-lead alloy welds containing more than 85 percent lead).

In welds for servers, systems, and storage networks (exception granted until 2010).

In welds of network infrastructure equipment for signaling, transmission, as well as telecommunication networks.

In ceramic components for electronic applications (e.g., piezoelectronic devices).

Other applications that do not exceed the maximum tolerable concentration values that are set.

(c) Admired and components which do not exceed the maximum permissible concentration values to be established, with the exception of the provisions of Royal Decree 1406/1989 of 10 November 1989 imposing limitations on the the marketing and use of certain dangerous substances and preparations, in compliance with the obligations imposed on the Member States by Directive 76 /769/EEC, as amended.

d) hexavalent chrome:

Anti-corrosive protection for carbon steel cooling systems used in absorption fridges.

Other applications that do not exceed the maximum tolerable concentration values that are set.

ANNEX III

Selective treatment of electrical or electronic equipment and components

1. At least the following components, substances and preparations of all electrical or electronic equipment collected by selective means shall be removed:

Condensers containing polychlorinated biphenyls (PCBs), in accordance with Royal Decree 1378/1999 of 27 August 1999 laying down measures for the disposal and management of polychlorinated biphenyls, polychlorinated terphenyls and devices containing them.

Components containing mercury, for example, switches or bulbs with liquid crystal background lighting.

Stacks and accumulators.

Printed Circuit Boards for cell phones, in general, and other devices if the printed circuit board surface has more than 10 square centimeters.

Toner, liquid and paste cartridges, as well as color toner cartridges.

Plastics containing brominated flame retardant materials.

Asbestos waste and asbestos-containing components.

Cathode ray tubes.

chlorofluorocarbons (CFCs), hydrochlorofluorocarbons (HCFCs), hydrofluorocarbons (HFCs) or hydrocarbons (HC).

Gas Discharge Lamps.

Liquid crystal displays (along with their housing if applicable) of more than 100 square centimeters of surface and all of them with gas discharge lamps as background lighting.

Exterior electrical cables.

Components containing refractory ceramic fibres as described in the Order of 11 September 1998 amending parts of Annexes I and VI to the Regulation on the notification of new substances and classification, packaging and labelling of dangerous substances, approved by Royal Decree 363/1995 of 10 March.

Components containing radioactive substances, except for components below the exemption thresholds laid down in the Regulation on nuclear and radioactive installations approved by the Royal Decree 1836/1999, dated December 3.

Electrolytic capacitors containing dangerous substances as set out in Order MAM/30 4/2002 of 8 February (height > 25 mm, diameter > 25 mm or volume of similar proportions).

These components, substances and preparations shall be disposed of or valorised in accordance with the provisions of Law 10/1998 of 21 April of Waste.

2. The following components of electrical or electronic equipment collected by selective means shall be subjected to the appropriate treatment.

Cathode ray tubes: The fluorescent coating must be extracted and treated properly.

Appliances containing gases that deplete the ozone layer or have a global warming potential of more than 15, such as foams or cooling circuits: these gases will be extracted and treated appropriately. Gases that deplete the ozone layer shall be treated in accordance with the provisions of Regulation (EC) No 2037/2000 of the European Parliament and of the Council of 29 June 2000 on substances that deplete the ozone layer.

Gas Discharge Lamps: Mercury will be extracted and removed.

3. From an environmental point of view, and taking into account the desirability of reusing or recycling components or the entire apparatus, paragraphs 1 and 2 shall be applied in such a way as to ensure that their correct reuse and recycling are not hindered.

ANNEX IV

Technical requirements for installations

1) Storage facilities, including temporary storage of waste electrical or electronic equipment:

Suitable areas with impermeable surfaces, with facilities for the collection of spills and, if applicable, decanters and degreasing cleaners.

Areas to be covered for weathering protection.

2) Establishments for the treatment of waste electrical or electronic equipment:

Scales to weigh treated waste.

Waterproof pavement and areas that are covered, equipped with spill collection systems, and where necessary, decanters and degreasing cleaners.

Storage appropriate for dismounted parts.

Appropriate containers for storage of batteries and accumulators, condensers containing PCBs or PCTs and other hazardous waste. In the case of radioactive waste, the requirements laid down in the Regulation on nuclear and radioactive installations, approved by Royal Decree 1836/1999 of 3 December and in the Regulation on health protection against radioactive waste, shall apply. ionising radiation, approved by Royal Decree 783/2001 of 6 July 2001.

Water treatment equipment that complies with health and environmental regulations.

ANNEX V

Symbol for marking electrical or electronic equipment

The symbol indicating the selective collection of electrical or electronic equipment is the deleted container, as depicted below. This symbol shall be affixed visibly, legibly and indelibly.

ANNEX VI

Minimum information to be provided by producers establishing an individual waste management system

The declarations required under Article 7.3 shall contain at least the following determinations:

a) Producer identification:

Producer ID and address, NIF, NIRI.

Types of electrical and electronic equipment produced. Categories as listed in Annex I.

Use in homes or not homes.

b) Credit documentation for creating management system:

Territorial application scope of the management system.

Identification of collection points and managers who will perform the management, including collection, of waste electrical or electronic equipment.

Transportation from delivery points and from distributors

Target compliance forecast: expected percentages of collection, reuse, recycling and recovery with corresponding deadlines and mechanisms for monitoring, control of operation and verification of the degree of compliance which shall in no case be less than those laid down in Article 9. Treatment of waste. Techniques used.

Form of financing.

Procedure for the provision of information to public administrations.

In the case of appliances not intended for households, agreements relevant for the purposes of paragraph 2 of the second