Hazardous Substances and Packaging (Legislative Functions and Amendment) (EU Exit) Regulations 2020

Lord Bhatia Excerpts

Wednesday 9th December 2020 Grand Committee

[Lord Bhatia (Non-Afl) [V]]

My Lords, this SI has been prepared by the Department for Environment, Food and Rural Affairs. It transfers legislative functions currently conferred on the European Commission by directive 2011/65/EU of the European Parliament and the Council on the restriction of the use of certain hazardous substances in electrical and electronic equipment to be exercisable instead by the Secretary of State in relation to England, Wales and Scotland after the end of the EU exit transition period. The directive requires member states to ensure that electrical and electronic equipment placed on the market does not contain certain hazardous substances.

The legislative powers conferred on the Commission by the RoHS directive are transferred into domestic law so that the list of restricted substances in EEE may be amended following reviews, and exemptions may be granted, renewed or revoked by secondary legislation. The SI transfers powers under the RoHS directive currently held by the European Commission to the Secretary of State in relation to England, Wales and Scotland. There is bound to be an impact on businesses. Can the Minister explain whether those who breach the guidelines will be fined and, if so, up to what level?