From 1 July 2006, manufacturers will be restricted by European law from introducing new electronic and electrical products with materials or components containing hazardous substances. Any manufacturers affected by these restrictions should seek specialist legal advice as soon as possible.
The hazardous substances covered by the restrictions include lead, mercury, cadmium, polybrominated biphenyls, polybrominated diphenyl ethers and (except in certain situations) hexavalent chromium.
However, the exact scope of products affected by the restrictions is unclear. The directive lists 10 categories of electrical or electronic equipment. However, an annex to the directive contains a list of products under each category, which may have been intended to be exhaustive or merely to give examples. The ten product categories are:
- large household appliances
- small household appliances
- IT and telecommunications equipment
- consumer equipment
- lighting equipment
- electrical and electronic tools (except large scale stationary and industrial tools)
- toys, leisure and sports equipment
- medical devices (except implanted and infected products)
- monitoring or control equipment
- automatic dispensers
The Slovak Ministry of Environment is thought to believe that products are only subject to the restrictions if they are actually listed. For instance, electric hot water boilers are large household appliances but would not be covered as they are not explicitly listed. We do not agree with the interpretation and believe that the wider interpretation applied in most member states is the correct one. We understand that the Slovak Environment Ministry is currently drafting an amendment which will enable the products to be subject to restrictions even if not explicitly listed in the annex to the directive.
Products can also be exempt on grounds of national security. The European Commission’s approach is that this only applies to military equipment but the Slovak Ministry of Environment is of the opinion that in certain cases this covers also equipment used by the police, security and emergency services (special equipment not designed for consumers).
The Slovak Trade Inspection has responsibility for policing the regulations, focusing mainly on consumer protection. The maximum fine for breach of the restrictions is SK5 million (c.€135,000). Those in breach can also be order to undertake reparatory work within a specified period. As well as administrative proceedings, the manufacturer could also face civil and criminal proceedings.
Law: restrictions on hazardous substances directive 2002/95/EC; Slovak law: amendment to the Waste Act; EEE No. 208/2005 Coll, Waste Act
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