Regulation (2012:861) On Hazardous Substances In Electrical And Electronic Equipment

Original Language Title: Förordning (2012:861) om farliga ämnen i elektrisk och elektronisk utrustning

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Read the untranslated law here: http://rkrattsbaser.gov.se/sfst?bet=2012:861

The content and scope of application



Article 1 this regulation lays down provisions on the limitation of

hazardous substances in electrical and electronic equipment and on the

management of such equipment.



Regulation is notified pursuant to chapter 14. section 8 of the environmental code in

regarding 3, 7-11, 13-33 and 35 §§ and otherwise supported by

Chapter 8. section 7 of the Constitution.



section 2 of the application of this regulation and regulations

has been granted on the basis of the regulation applies to electric

and electronic equipment is divided into categories



1. large household appliances,



2. small household appliances,



3. it and telecommunications equipment,



4. consumer equipment,



5. lighting equipment,



6. electrical and electronic tools,



7. toys, leisure and sports products,



8. medical devices,



9. industrial and other monitoring and

control instruments,



10. machines, and



11. other electrical and electronic equipment.



paragraph 3 of the Regulation shall not apply to



1. arms, munitions and war material intended for

be used for specifically military purposes as well as other equipment

necessary for the protection of essential security interests

of a Member State of the European Union,



2. equipment designed to be sent into space,



3. equipment which is manufactured solely in order to be included as part

of another type of equipment not covered by or is

the exemptions from the scope of this regulation, if the

can fulfil their function only as a part of the equipment

and can only be replaced by the same type of equipment,



4. such large-scale stationary industrial tools



(a)) is made up of groups of machines, equipment, components

or combinations of these,



(b)) work together for a specific application,



(c)) to be installed permanently and dismantled by professionals on a

specific location, and



d) is used and maintained by professionals in an industrial

production plant or facility for research or

development,



5. the large-scale permanent installations that consist of

combinations of two or more types of devices or other

equipment which are assembled, installed and dismantled by

professionals and is intended to be used permanently at a priori

specific and particular intended place,



6. means of transport for persons or goods, of means of transport

other than two-wheeled electric vehicles that are not

type approved,



7. machinery are provided exclusively for professional

use, which has a built-in source for power generation and

that is moving or transferring continuously or

half continuously between a succession of fixed working positions

during the work, but which are not intended for use on the road,



8. such active implantable medical devices

referred to in article 1 (2) (c) of Council Directive 90/385/EEC of

20 June 1990 on the approximation of the laws of the Member States

relating to active implantable medical devices, as last

amended by European Parliament and Council directive

2007/47/EC,



9. solar panels intended to be used in a system that

professionals have designed, assembled and installed, and that

permanently in a fixed place to produce energy by

sunlight for public, commercial or industrial

use, or use in homes, and



10. products designed exclusively for research and

development purposes and which are provided for

in professional activities.



Definitions



Article 4 for the purposes of this regulation,



electrical and electronic equipment ' shall mean equipment needs

electric currents or electromagnetic fields in order to

at least one of their intended functions to work

properly and equipment for the generation, transfer and measurement

of such currents and fields, if the equipment is intended to

use with a voltage rating not exceeding 1000 volt for alternating current and

1 500 volts DC,



cable: a cable with the rated voltage during 250 volts that serve

that connection or extension to connect electrical

or electronic equipment into a power outlet or to

connect two or more such devices to each other, and



spare part: a separate part which can replace a part in a

electrical or electronic equipment, if the equipment does not

can work as intended without this part and equipment

operating condition persists or upgraded as part

replaced by the separate part.



5 § for the purposes of this regulation,



"making available on the market: professional delivery of

distribution, consumption or use on the Union market,



the placing on the market ' means the first making available in

on the Union market, and



withdrawal: a measure to prevent equipment

made available on the market or to withdraw

equipment is available from the end user.



section 6, for the purposes of this regulation,



"manufacturer" means a natural or legal person who manufactures

or let produce electrical or electronic equipment

and marketing it in his own name or under its own

brand,



"importer" means a natural or legal person established in the European Union

that from a country outside the Union takes in electrical or

electronic equipment and placing it on the Union market,



Distributor: means any natural or legal person who

provides electrical or electronic equipment on

market without being the manufacturer or

importer, and



economic operator: a manufacturer, importer, distributor or

such a representative referred to in section 20.



Requirements for electrical and electronic equipment



section 7 of the Electrical and electronic equipment may be placed on the

the market only if it complies with the requirements of this regulation

and the instructions given with the support of

the regulation.



Ban on dangerous substances



paragraph 8 of the electrical and electronic equipment, cables and

spare parts to be placed on the market must not contain

lead, mercury, cadmium, hexavalent chromium, polybrominated

biphenyls or polybrominated diphenyl ethers.



9 § Despite the prohibition in section 8 will receive a materials include a

concentration of not more than 0.1% by weight of each of

the substances, lead, mercury, hexavalent chromium, polybrominated biphenyls

and polybrominated diphenyl ethers and not more than 0.01% by weight

cadmium, if the material is homogeneous in the sense that it has a

through constant composition or consists of a

combination of materials that cannot be separated or separated

in the individual materials, isärskruvning, cutting, crushing,

grinding or other mechanical measures.



section 10 of the prohibition in section 8 does not apply to spare parts

recovered from electric or electronic equipment

placed on the market before 1 July 2006 and is recycled in

equipment placed on the market before 1 July 2016,

If reuse is carried out in closed-loop business between

and the consumers are informed that reuse

has taken place.



section 11 of the Swedish Chemicals Agency may provide additional

detailed rules relating to the derogation from the prohibition provided for in section 8 and regulations

the enforcement of section 9.



section 12 of article 5 and in annex V to the directive of the European Parliament and of

Council Directive 65/2011/EU of 8 June 2011 on the limitation

of the use of certain hazardous substances in electrical and

electronic equipment provides for an economic

operator may apply for the European Commission to decide on the

exceptions to the prohibition in the directive being implemented with section 8

as well as for renewal or withdrawal of such exemptions.



Conformity assessment



section 13 Before electric or electronic devices are placed on the

market, the manufacturer shall ensure that an assessment

whether the equipment complies with the requirements of 8 –

10 sections and regulations given under section 11.

The manufacturer must draw up the technical documentation which is to

the basis for the assessment of conformity.



section 14 of the Swedish Chemicals Agency may provide additional

regulations on the procedure for conformity assessment.



EU-Declaration of conformity



section 15 on the evaluation of conformity referred to in section 13 indicates that

the equipment complies with the requirements, the manufacturer shall assume the responsibility for

this by establishing an EU Declaration of conformity.



section 16 of the Swedish Chemicals Agency may provide additional

regulations on the EU declaration under section 15.



Labelling of equipment



section 17 Of the assessment of conformity referred to in section 13 indicates that

the equipment complies with the requirements, the manufacturer shall provide the

complete equipment with the CE mark before it is placed on the

the market.



The provisions concerning the CE marking, see law (2011:791) if

accreditation and control as well as in article 30 of

European Parliament and Council Regulation (EC) no 765/2008 of the

on 9 July 2008 setting out the requirements for accreditation and market surveillance

relating to the marketing of products and repealing

Regulation (EEC) No 339/93.



section 18 of the manufacturer to provide the equipment with

identification mark and the manufacturer's name, registered

trade name or registered trade mark and a contact address.



section 19 of the Swedish Chemicals Agency may provide additional

regulations on the marking of electrical and electronic

equipment.



Manufacturer's representative



20 § manufacturers may, by a written mandate, appoint a

natural or legal person established in the European

the Union as their representative to comply with the manufacturer's

obligations under this regulation. However, this does not apply in

the case of the obligation to comply with the requirements of

8 – 10 sections and regulations given under section 11

and the obligation under section 13 to develop technical

documentation.



section 21 Swedish Chemicals Agency may provide for what a

power of attorney under section 20 will contain.



Obligations of importers and distributors



section 22 of The provisions of this regulation if the manufacturer shall also

applied to an importer or distributor who



1. placing or providing electric or


electronic equipment on the market under his name or

own brand, or



2. change the electrical or electronic equipment that has already been

placed on the market in such a way that

compliance with applicable requirements may be affected.



section 23 Before an importer placing electrical or electronic

equipment on the market to the importer



1. make sure that the manufacturer has made an assessment of

conformity and developed technical documentation according to

section 13, and



2. provide the equipment with their name, registered trade name

or registered trade mark and a contact address.



section 24 of Importers and distributors should ensure that electrical

and electronic equipment they place or

provides on the market



1. has been provided with the CE marking, identification and

other markings required by this regulation or

rules given by virtue of the regulation, and



2. accompanied by the documents required by regulations

has been granted on the basis of the regulation.



Documentation



section 25 a manufacturer will retain its EU Declaration of

conformity and the technical documentation is

the basis for the assessment of conformity for 10 years from the

the electrical and electronic equipment

placed on the market.



section 26 of an importer to for ten years from the time the electrical

and electronic equipment placed on the market be able to

show manufacturer's EU Declaration of conformity for a

supervisory authority and the Authority's request, give the access

to the technical documentation that is the basis for

the conformity assessment.



section 27 of the Swedish Chemicals Agency may provide that

documentation should be available on the particular language.



Traceability



section 28 in the case of electrical and electronic equipment as a

economic operator handles to the operator for a period of 10 years from the

equipment placed on the market at the request of a

Supervisor account



1. from the economic operator to which the equipment has been

received, and



2. to any economic operator which equipment has

been delivered.



Presumption of conformity



section 29 of the electrical and electronic equipment should be assumed

comply with the requirements on the content resulting from

8 – 10 sections and regulations given under section 11, if



1. the equipment is CE marked according to section 17,



2. tests and measurements showing that the equipment meets the

the requirements, or



3. equipment has been assessed in accordance with a harmonised standard

for such equipment and the European Commission have referred

to the standard in the official journal of the European Union.



section 30 of the provisions on electrical and electronic equipment

section 29 (2) and (3) shall apply also on materials and components

to such equipment.



Obligations for non-conformity of production



section 31, an importer or distributor who despite 29 and 30 § § has

reason to believe that an electrical or electronic

equipment does not comply with the requirements of

8 – 10 sections and regulations given under section 11,

should



1. make sure that the equipment complies with the requirements before

It is placed or made available on the market, and



2. notify the manufacturer and the regulatory authority if

the differences.



A distributor may fulfil the obligation referred to in the first subparagraph

2 to notify the importer rather than the manufacturer.



32 § a manufacturer, importer or distributor, despite 29

and 30 sections has reason to believe that an electrical or

electronic equipment that the operator has placed or

made available on the market do not meet the requirements referred to

in section 7 shall immediately



1. take action to get the equipment to comply

with the requirements or withdraw the equipment, and



2. notify the control authority and the competent

authorities of the EU Member States where the operator is placed

or equipment as well as advise authorities

If the fallacy and the measures taken.



33 § the Swedish Chemicals Agency may provide for



1. information to be provided in a notification according to § 32,

and



2. the obligation of economic operators to establish registry

of equipment which does not comply with the requirements referred to

in section 7.



Supervision



34 § provision for supervision, see 26 Cape. the environmental code,

environmental protection Regulation (2011:13) and articles 15 to 29 of

Regulation (EC) no 765/2008.



Provisions concerning the operational supervisory responsibilities associated

with this regulation can be found in Chapter 2. 4, 21, 22 and 31-34 §§

environmental protection regulation.



35 § economic operator shall at the request of the supervisory authority

provide the information needed to investigate whether electric

or electronic equipment meets the requirements referred to in section 7 of the

and help ensure that steps are taken to ensure that

the equipment complies with the requirements.



Sanctions



36 § Rules of punishment can be found in chapter 29. the Environment Act and in

section 17 of the Act (2011:791) on accreditation and technical control.



Provisions on miljösanktions charges, see regulation

(2012:259) on miljösanktions charges.



Transitional provisions



2012:861



1. This Regulation shall enter into force on 2 January 2013.



2. If no specific transition period provided for in paragraphs

3-6, the electrical and electronic equipment incorporated

any of the categories listed in section 2 of the 8, 9 or 11 be provided on

market until July 21, 2019, although

the equipment does not comply with the requirements of this regulation or

instructions given pursuant to regulation.



3. by way of derogation from paragraph 8 of may medical devices for in vitro

diagnosis referred to in article 1 (2) (b) of the European Parliament and of the

Council Directive 98/79/EC of 27 October 1998 on

in vitro diagnostic medical devices, as last

amended by Commission directive 2011/100/EU, be placed on the

market until 21 July 2016.



4. by way of derogation from paragraph 8 of may medical devices referred to in article

1 (2) (a) of Council Directive 93/42/EEC of 14 June 1993 concerning

medical devices, as last amended by

European Parliament and Council directive

2007/47/EC, be placed on the market until 21 July

2014.



5. Despite section 8 monitoring and control instruments may be released

on the market until 21 July 2017, about instruments

designed exclusively for industrial or professional

use, and otherwise until 21 July 2014.



6. Despite section 8 gets cables & parts placed on the

market, where they are intended for such equipment that has

placed on the market with support of 3, 4 or 5, or for

electrical and electronic equipment placed on the

the market before 1 July 2006.