Notice of the making of this Statutory Instrument was published in | ||
“Iris Oifigiúil” of 7th June, 2019. | ||
I, RICHARD BRUTON, Minister for Communications, Climate Action and Environment, in exercise of the powers conferred on me by section 3 of the European Communities Act 1972 (No. 27 of 1972) and for the purpose of giving effect to Commission Delegated Directives (EU) 2019/178 of the European Parliament and of the Council of 16 November 2018 and (EU) 2018/742, (EU) 2018/741, (EU) 2018/740 and (EU) 2018/739 of the European Parliament and of the Council of 1 March 2018 and (EU) 2018/738, (EU) 2018/737 and (EU) 2018/736 of the European Parliament and of the Council of 27 February 2018 and Directive (EU) 2017/2102 of the European Parliament and of the Council of 15 November 2017 amending Directive 2011/65/EU of the European Parliament and of the Council of 8 June 2011 on the restriction of the use of certain hazardous substances in electrical and electronic equipment hereby make the following Regulations: | ||
Citation | ||
1. These Regulations may be cited as the European Union (Restriction of Certain Hazardous Substances in Electrical and Electronic Equipment) (Amendment) Regulations 2019. | ||
Purpose of Regulations | ||
2. The purposes for which these Regulations are made include the purpose of giving effect to the provisions of Commission Delegated Directives (EU) 2019/178 of the European Parliament and of the Council of 16 November 2018 and (EU) 2018/742, (EU) 2018/741, (EU) 2018/740 and (EU) 2018/739 of the European Parliament and of the Council of 1 March 2018 and (EU) 2018/738, (EU) 2018/737 and (EU) 2018/736 of the European Parliament and of the Council of 27 February 2018 and Directive (EU) 2017/2102, amending Directive 2011/65/EU of the European Parliament and of the Council of 8 June 2011 on the restriction of the use of certain hazardous substances in electrical and electronic equipment including for the purposes of adapting to technical progress Annex III. | ||
Interpretation | ||
3. In these Regulations “Principal Regulations” means the European Union (Restriction of Certain Hazardous Substances in Electrical and Electronic Equipment) Regulations 2012 ( S.I. No. 513 of 2012 ). | ||
Amendment of Regulation 3 of the Principal Regulations | ||
4. Regulation 3(1) of the Principal Regulations is amended – | ||
(a) by substituting for the definition of “the Directive” the following: | ||
“ “the Directive” means European Parliament and Council Directive 2011/65/EU on the restriction of the use of certain hazardous substances in electrical and electronic equipment, as amended by Commission Delegated Directives 2012/50/EU and 2012/51/EU of 10 October 2012 and Commission Delegated Directives 2014/1/EU, 2014/2/EU, 2014/3/EU, 2014/4/EU, 2014/5/EU, 2014/6/EU, 2014/7/EU, 2014/8/EU, 2014/9/EU, 2014/10/EU, 2014/11/EU, 2014/12/EU, 2014/13/EU, 2014/14/EU, 2014/15/EU and 2014/16 /EU of 18 October 2013 and Commission Delegated Directives 2014/69/EU, 2014/70/EU, 2014/71/EU, 2014/72/EU, 2014/73/EU, 2014/74/EU, 2014/75/EU and 2014/76/EU of 13 March 2014 and Commission Delegated Directives 2015/573/EU and 2015/574/EU of the European Parliament and of the Council of 30 January 2015 and Commission Delegated Directive (EU) 2015/863 of the European Parliament and of the Council of 31 March 2015 and Commission Delegated Directive (EU) 2016/585 of the European Parliament and of the Council of 12 February 2016 and Commission Delegated Directives (EU) 2016/1028 and (EU) 2016/1029 of the European Parliament and of the Council of 19 April 2016 and Commission Delegated Directives (EU) 2017/1975 of the European Parliament and of the Council of 7 August 2017 and (EU) 2017/1011 of the European Parliament and of the Council of 15 March 2017 and (EU) 2017/1010 and (EU) 2017/1009 of the European Parliament and of the Council of 13 March 2017 and Directive (EU) 2017/2102 of the European Parliament and of the Council of 15 November 2017 and Commission Delegated Directives (EU) 2018/736, (EU) 2018/737 and (EU) 2018/738 of the European Parliament and of the Council of 27 February 2018 and Commission Delegated Directives (EU) 2018/739, (EU) 2018/740, (EU) 2018/741 and (EU) 2018/742 of the European Parliament and of the Council of 1 March 2018 and Commission Delegated Directive (EU) 2019/178 of the European Parliament and of the Council of 16 November 2018;”. | ||
(b) by the substitution of the following for the definition of non-road mobile machinery made available for professional use: | ||
“ “non-road mobile machinery made available exclusively for professional use” means machinery, with an on-board power source or with a traction drive powered by an external power source, the operation of which requires either mobility or continuous or semi-continuous movement between a succession of fixed working locations while working, and which is made available exclusively for professional use;” | ||
Amendment to Regulation 4 of the Principal Regulations | ||
4. Regulation 4 of the Principal Regulations is amended by the deletion of regulation 4(5). | ||
Amendment to Schedule 2 of the Principal Regulations | ||
5. Schedule 2 of the Principal Regulations is amended- | ||
(a) by the substitution of the following for No. 7- | ||
“7. Non-road machinery made available exclusively for professional use;”; | ||
(b) by the insertion of the following after No. 10. | ||
“11. Pipe Organs.”; | ||
Amendment to Schedule 3 of the Principal Regulations | ||
6. Schedule 3 of the Principal Regulations is amended- | ||
(a) by the deletion of “and” at 1.(b); | ||
(b) by the replacement of “.” with “;” at 1.(c); | ||
(c) by the insertion of the following after 1.(c)- | ||
“(d) to all other EEE that was outside the scope of Directive 2002/95/EC placed on the market on or after 22 July 2019.”; | ||
(d) by the insertion of the following after 2.(e)- | ||
“(ea) all other EEE that was outside the scope of Directive 2002/95/EC and which is placed on the market before 22 July 2019;”; | ||
(e) by the insertion of the following after 3.(b)- | ||
“(c) recovered from medical devices or monitoring and control instruments placed on the market before 22 July 2014 and used in EEE placed on the market before 22 July 2024; | ||
(d) recovered from in vitro diagnostic medical devises placed on the market before 22 July 2016 and used in EEE placed on the market before 22 July 2026; | ||
(e) recovered from industrial monitoring and control instruments placed on the market before 22 July 2017 and used in EEE placed on the market before 22 July 2027; | ||
(f) recovered from all other EEE that was outside the scope of Directive 2002/95/EC and which is placed on the market before 22 July 2019, and used in equipment placed on the market before 22 July 2029,”. | ||
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GIVEN under my Official Seal, | ||
5 June 2019. | ||
RICHARD BRUTON | ||
Minister for Communications, Climate Action and Environment. | ||
EXPLANATORY NOTE | ||
(This note is not part of the Instrument and does not purport to be a legal interpretation.) | ||
These Regulations amend the European Union (Restriction of Certain Hazardous Substances in Electrical and Electronic Equipment) Regulations 2012 ( S.I. No. 513 of 2012 ) in order to give effect to the provisions of the following Directives: | ||
a) Commission Delegated Directive (EU) 2019/178 of 16 November 2018 amending, for the purposes of adapting to scientific and technical progress, Annex III to Directive 2011/65/EU of the European Parliament and of the Council as regards an exemption for lead in bearing and bushes applied in certain non-road professional use equipment; | ||
b) Commission Delegated Directive (EU) 2018/742 of 1 March 2018 amending, for the purposes of adapting to technical progress, Annex III to Directive 2011/65/EU of the European Parliament and of the Council as regards an exemption for lead in high melting temperature solders; | ||
c) Commission Delegated Directive (EU) 2018/741 of 1 March 2018 amending, for the purposes of adapting to technical progress, Annex III to Directive 2011/65/EU of the European Parliament and of the Council as regards an exemption for lead as an alloying element in copper; | ||
d) Commission Delegated Directive (EU) 2018/740 of 1 March 2018 amending, for the purposes of adapting to technical progress, Annex III to Directive 2011/65/EU of the European Parliament and of the Council as regards an exemption for lead as an alloying element in aluminium; | ||
e) Commission Delegated Directive (EU) 2018/739 of 1 March 2018 amending, for the purposes of adapting to technical progress, Annex III to Directive 2011/65/EU of the European Parliament and of the Council as regards an exemption for lead as an alloying element in steel; | ||
f) Commission Delegated Directive (EU) 2018/738 of 27 February 2018 amending for the purposes of adapting to technical progress, Annex III to Directive 2011/65/EU of the European Parliament and of the Council as regards an exemption for lead in cermet-based trimmer potentiometer elements; | ||
g) Commission Delegate Directive (EU) 2018/737 of 27 February 2018 amending for the purposes of adapting to technical progress, Annex III to Directive 2011/65/EU of the European Parliament and of the Council as regards an exemption for lead in solders for the soldering to machined through hole discoidal and planar array ceramic multilayer capacitors; | ||
h) Commission Delegate Directive (EU) 2018/736 of 27 February 2018 amending for the purposes of adapting to technical progress, Annex III to Directive 2011/65/EU of the European Parliament and of the Council as regards an exemption for certain electrical and electronic components containing lead in glass or ceramic; | ||
i) Commission Directive (EU) 2017/2102 of 15 November 2017 amending Directive 2011/65/EU of the European Parliament and of the Council as regards the application scope and the exemption validity period. |