On Tuesday 20th November 2018, Royal Decree 1364/2018 of 2nd November entered into force, which transposes EU Directive 2017/2012 of 15th November 2017 into Spanish legislation, and which partially modifies Royal Decree 219/2013 of 22nd March regarding restrictions on the use of hazardous substances in electrical and electronic equipment.

 

I. Subject matter of the regulation

This regulation is intended for establishing guidelines for restrictions on the use of hazardous substances in electrical and electronic equipment (hereinafter referred to as “EEE”) with the aim of contributing to the protection of human health and of the environment.

Basically, it deals with metals (ferrous and non-ferrous), plastic, glass and other materials (wood, rubber, cardboard, etc.) which should be put to another use when they are transformed into waste, either through their recycling or recovery, in order to improve the efficiency of environmental protection and to avoid the consumption of new resources.

 

II. Subjects for whom it is intended

This regulation is aimed at the economic operators who participate in the management of EEE, that is to say, manufacturers, importers and distributors of EEE.

 

III. Electrical and electronic equipment to which the regulation applies

The categories of the EEE covered by the Royal Decree 219/2013 (and which have not been modified by the Royal Decree 1364/2018) are as follows:

  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 equipment.
  8. Medical devices.
  9. Monitoring and control instruments including industrial monitoring and control instruments.
  10. Automatic dispensers.
  11. Other EEE not covered by any of the categories above.

 

IV. Transitional regime applicable to “other EEE”.

This last category, which is a hotchpotch, was not provided for in Royal Decree 208/2005, of 25th February, regarding electrical and electronic equipment and the management of their waste (in force in Spain since 2005 until 2013[1]). Royal Decree 219/2013 did however include them, even if it established a transitional regime consisting of allowing their “making available on the market” until 22nd July 2019, with a view to full compliance of the regulation as from said date.

The expression “making available on the market” stands out, meaning any supply of an EEE for distribution, consumption or use on the European Union market in the course of a commercial activity, whether in return for payment or free of charge, as opposed to the broader term ”placing on the market”, understood as making available an EEE on the European Union market for the first time.

This means that, from 22nd July 2019, both the placing on the market of EEE which do not comply with the parametres established in Royal Decree 219/2013, as well as their supply for distribution, consumption or use in commercial operations shall be prohibited.

 

V. Change in the criteria “making available on the market” for “placing on the market”

However, said First Transitory Provision of Royal Decree 219/2013 has been eliminated by Royal Decree 1364/2018, so that what will be prohibited from 22nd July 2019 is the “placing on the market” of EEE that did not fall within the scope of the repealed Royal Decree 208/2005, and not their “making available on the market”. This will give market operators affected by the rule a margin to sell stock that does not comply with the technical specifications of Royal Decree 219/2013 beyond July 2019, provided they have been introduced in the European Union market before -or on- that date.

 

 

Carla Villavicencio

Vilá Abogados

 

For more information, please contact:

va@vila.es

 

23rd November 2018

 

 

[1]The repealed Royal Decree 208/2005 incorporated Directive 2002/95/EC of the European Parliament and of the Council of 27th January 2003 on the restriction of the use of certain hazardous substances in electrical or electronic equipment into Spanish law as well as Directive 2002/96/EC of the European Parliament and of the Council of 27th January 2003 on waste electrical or electronic equipment. Likewise, Royal Decree 219/2013 incorporated Directive 2011/65/EU of the European Parliament and of the Council of 8th June 2011 on the restriction of the use of certain hazardous substances in electrical or electronic equipment into Spanish law.