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
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
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
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
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.
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
"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
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
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.
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 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
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
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.
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.
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
1. from the economic operator to which the equipment has been
2. to any economic operator which equipment has
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,
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
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,
2. the obligation of economic operators to establish registry
of equipment which does not comply with the requirements referred to
in section 7.
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.
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.
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
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.
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