What is the purpose of Royal Decree 993/2022?
On January 16, 2023, Royal Decree 993/2022 of November 29 entered into force, which adopts control measures for the import of electrical and electronic equipment (EEE), batteries and accumulators (BaA) from third countries. This Royal Decree aims to verify:
- That the imported EEE complies with the regulations regarding restrictions on the use of hazardous substances (RoHS).
- That the importers of EEEs and BaA have complied with their obligations regarding the Integrated Industrial Register (RII) established by Royal Decree 110/2015.
Although there are certain exclusions, this regulation applies to the vast majority of EEE and BaA.
What are the implications?
This regulation establishes the following obligations for importers of EEE and BaA:
- Provide, with sufficient advance notice prior to clearance, documentation to demonstrate the conformity of the EEE with RoHS requirements.
- Introduce safe products that comply with applicable regulations.
- Be registered in the Integrated Industrial Register (RII).
- Registration in the RII implies compliance with the obligations for recycling waste from electrical and electronic equipment (WEEE).
- In the event that the importer is located in the EU but not registered in Spain, they must appoint an authorized representative before introducing the products to the market.
What procedures must be followed?
Importers must submit a notification, prior to customs clearance, to the Inspection Service SOIVRE, with sufficient advance notice through the Single Entry Point on RoHS and WEEE (PUE ROHS/WEEE) on the electronic headquarters of Agencia Estatal de Administración Tributaria (AEAT)
- Once the notification has been sent and the goods are already under control, no other notifications can be sent to replace it for the same goods, except for justified reasons and prior authorization by SOIVRE.
- Frequently imported references can be included in the document repository (DOCUCICE) for subsequent imports. The request for registration in DOCUCICE can be made at any time on the electronic headquarters of the Ministry of Industry, Commerce and Tourism.
- If the EEE is also subject to control under applicable product safety regulations (Royal Decree 330/2008), it must be indicated in the notification requesting RoHS or WEEE control, in addition to safety control.
What controls are carried out?
- Documentary control: The accompanying documentation of the product is checked to ensure its accuracy and compliance with the applicable legislation, as well as the corresponding commercial documentation.
- Physical control: The identity of the goods is verified and a physical recognition of the merchandise is carried out, including the control of markings and labeling. Samples may be taken for laboratory testing to verify their conformity.
- Verification of the importer’s registration obligations in the RII.
- Compliant: the merchandise can be introduced to the European market.
- Non-compliant: the merchandise CANNOT be introduced into the European market (with the possibility of appeal) and customs will not be able to clear it. The goods must return to origin or be destroyed.
Are there any sanctions?
Non-compliance with the mentioned obligations may result in sanctions such as fines and corrective measures, such as the withdrawal of products from the market and publication in the European database of non-conforming and dangerous products (RAPEX). Infringements may be considered minor, serious or very serious, depending on the severity of the breach.
Control measures may also be carried out after the importation. In case of non-compliance detected after customs clearance, market surveillance authorities and the importer will be notified, and the latter will have to suspend commercialization and withdraw from the market the units already sold.
Is there a possibility of correction?
When the non-conformity is remediable and does not pose a risk: conditional clearance will be allowed upon the submission of a signed commitment not to market the goods until the irregularities have been remedied and the competent market surveillance authority (of the corresponding autonomous community) has verified the remedy.
When the non-conformity is remediable, but poses a risk: a written request for the remedy of non-compliances to bring the goods into conformity will be allowed, proposing in detail the actions to be carried out. The proposal will be evaluated, and if the remedy is authorized, it will be carried out in the customs area.
How to prevent non-compliance?
Any non-compliance with this Royal Decree can be prevented by ensuring the conformity of the imported goods and the procedural obligations required of importers (registration with the RII and compliance with RAEE).
Sherpa Certification helps importers assess the conformity of the goods prior to or during their manufacture at the source, as well as providing guidance on the documentary and procedural procedures related to registration with the RII and obligations under the RAEE.
Our intervention is your guarantee
Sherpa Certification offers a personalized list of services for importers of electrical and electronic equipment (EEE), batteries, accumulators, and battery packs (BaP) to ensure that all imports are successful.
The most relevant services we offer in this area are:
- Verification of technical documentation
- Laboratory testing
- Technical files
- Marking and labeling
- Factory and pre-shipment inspections
- Laboratory testing at origin or destination
- CE marking
- Remedy of non-conformities determined by SOIVRE
- Supplier selection
- Complete advisory in the importation of AEE and PyA.
Contact us and ensure your imports!
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Sherpa Product Certification is formed by a group of engineers who are experts in regulation and standardization of products, materials and industrial processes at an international level. Our essence as Sherpas is to help our clients to create lasting value in their business and meet their professional needs. If you need help in the procedures of a certificate or simply need specific information about our services, we are happy to help you. Hire a Sherpa in your company and forget about legislation and documentation of your products. Our Sherpas certification experts report quickly and efficiently to the needs of our clients when we are most needed.