S.L. 427.57 Art. 4Prevention.

(1) The competent authority shall ensure that electrical and electronic equipment placed on the market, including cables and spare parts for its repair, its reuse, updating of its functionalities or upgrading of its capacity, does not contain the substances listed in Schedule II.

(2) For the purposes of these regulations, the maximum concentration value by weight in homogeneous materials as specified in Schedule II shall be tolerated.

(3) Sub-regulation (1) shall apply to medical devices and monitoring and control instruments which are placed on the market from 22 July 2014, to diagnostic medical devices which are in vitro placed on the market from 22 July 2016, to industrial monitoring and control instruments which are placed on the market from 22 July 2017, and to all other electrical and electronic equipment that was outside the scope of Directive 2002/95/EC and which is placed on the market from 22 July 2019.

(4) Sub-regulation (1) shall not apply to:

(a) cables or spare parts for the repair, the reuse, the updating of functionalities or upgrading of capacity of the following:

(i) electrical and electronic equipment placed on the market before 1 July 2006;

(ii) medical devices placed on the market before 22 July 2014;

(iii) diagnostic medical devices placed on the in vitro market before 22 July 2016;

(iv) monitoring and control instruments placed on the market before 22 July 2014;

(v) industrial monitoring and control instruments placed on the market before 22 July 2017;

(vi) all other electrical and electronic equipment that was outside the scope of Directive 2002/95/EC and which is placed on the market before 22 July 2019;

(vii) electrical and electronic equipment which benefited from an exemption and which was placed on the market before that exemption expired as far as that specific exemption is concerned;

(b) the following reused spare parts, provided that reuse takes place in auditable closed-loop business-to-business return systems, and that the reuse of spare parts is notified to the consumer:

(i) recovered from electrical and electronic equipment placed on the market before 1 July 2006 and used in electrical and electronic equipment placed on the market before 1 July 2016;

(ii) recovered from medical devices or monitoring and control instruments placed on the market before 22 July 2014 and used in electrical and electronic equipment placed on the market before 22 July 2024;

(iii) recovered from in vitro diagnostic medical devices placed on the market before 22 July 2016 and used in electrical and electronic equipment placed on the market before 22 July 2026;

(iv) recovered from industrial monitoring and control instruments placed on the market before 22 July 2017 and used in electrical and electronic equipment placed on the market before 22 July 2027;

(v) recovered from all other electrical and electronic equipment that was outside the scope of Directive 2002/95/EC and which is placed on the market before 22 July 2019, and used in electrical and electronic equipment placed on the market before 22 July 2029; and

(c) to the applications listed in Schedules III and IV.