FAQs: Scope
The FAQs featured here are taken from the recently published WEEE Guidance notes which can be downloaded here. You may also want to refer to the WEEE Regulations.
How do I find out if my products are covered by the Regulations?
The European Commission’s FAQ document on the scope of the WEEE Directive can be downloaded from their website. The document places the onus on producers themselves to determine whether the products and equipment that they produce fall within the scope of the WEEE and RoHS Directives, as they are best placed to assess the characteristics of their products.
My product type isn’t listed in the in the Regulations. Is it exempt?
The list of products in Schedule 2 of the WEEE Regulations is an illustrative list. The fact that your product type is not on the list does not necessarily mean that it is outside the scope of the WEEE Regulations. You should use the decision tree at Annex B to inform your final decision, but you may also wish to consider seeking independent legal advice.
My product has electrical parts, but they’re not essential for it to work. Is it exempt?
Only products that require electricity to fulfil their primary function are within scope. The European Commission refers to the example of a teddy bear with a battery for additional functionality that can still fulfil its main purpose as a comfort toy without the battery and is therefore not considered within scope.
What is the exemption for “fixed installations”?
Section 1.3 of the Commission’s FAQ document states that the Directive is not considered to apply to “fixed installations”. The European Commission’s Technical Adoption Committee (TAC) of Member States is currently considering the interpretation of “fixed installation”.
Are component parts of electrical equipment considered to be EEE?
Components cover the range of discrete items that form part of a finished product and thus enable it to work properly, for example transistors, capacitors, diodes or internal wiring. Sub-assemblies are packages of components assembled into discrete units, such as display panels or populated circuit boards. Components and sub-assemblies supplied for further manufacture or assembly are not finished products and are therefore not considered to be EEE in their own right.
Are accessories which are not themselves a useable product considered to be EEE?
Yes. Accessories such as audio headphones, computer keyboards, antennas and connecting cables do not by themselves have a function, but they do when associated with another product. They are therefore considered to be EEE.
Must I report the sale of spare parts?
No. Spare parts are not products by themselves but are supplied for the repair of products. Spare parts put on the market for the repair of products are outside the scope of the WEEE Regulations, but they may be subject to the Restriction on certain Hazardous Substances (RoHS) Regulations and you should consult those Regulations and the Government Guidance Notes.
Do I have to report the sale of consumables I produce, such as printer cartridges?
No. Consumables only become WEEE if they are part of another product that is WEEE. For example, when a printer is discarded it becomes WEEE. If an ink cartridge is inside the printer at the time, then the ink cartridge also becomes part of that WEEE at the time of discarding. The ink cartridge would not be WEEE if discarded on its own and is, therefore, outside the scope of the WEEE Regulations, though it could be covered by other UK waste legislation.
Are finished electrical products that can only be used in a vehicle in scope?
No. Equipment that is part of another type of equipment that does not fall within the scope of the WEEE Regulations is itself excluded from the scope of the WEEE Regulations. Therefore equipment specifically designed to be exclusively installed on airplanes, boats, cars and other forms of transport is considered to be outside scope. For example, a satellite navigation kit designed to be permanently installed in a car would be exempt, but it may be subject to the requirements of the End-of-Life Vehicles Directive.
Are items such as microwaves and ovens, which are designed only for ‘business use’ exempt since category one refers to ‘household’ appliances?
No. The WEEE Directive covers both household and non-household EEE, so products for business users are covered by the WEEE Regulations. ‘Business use’ versions of products that fall under Categories 1, 2 and 4 are within the scope of the WEEE Regulations.
I am still unclear on whether my product is in scope. What should I do?
Go through the decision tree provided in Annex B of the Guidance notes which contains more detailed guidance than this FAQ. You may also wish to check the European Commission FAQ document. Once all available documents and guidance have been checked, any unresolved issues and final decisions are for the courts to decide. In the meantime the environment agencies can give their opinion, advice and guidance, based on the Regulations, the EU Directive, the Commission’s guidance document, decisions made in other EU member states and court decisions.