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EUR-Lex Access to European Union law

EUR-Lex Access to European Union law

Document 32005D0369

2005/369/EC: Commission Decision of 3 May 2005 laying down rules for monitoring compliance of Member States and establishing data formats for the purposes of Directive 2002/96/EC of the European Parliament and of the Council on waste electrical and electronic equipment (notified under document number C(2005) 1355)

OJ L 119, 11.5.2005, p. 13–16 (ES, CS, DA, DE, ET, EL, EN, FR, IT, LV, LT, HU, NL, PL, PT, SK, SL, FI, SV)
OJ L 319M , 29.11.2008, p. 237–240 (MT)
Special edition in Bulgarian: Chapter 15 Volume 014 P. 197 – 200
Special edition in Romanian: Chapter 15 Volume 014 P. 197 – 200
Special edition in Croatian: Chapter 15 Volume 015 P. 5 – 8

In force

ELI: http://data.europa.eu/eli/dec/2005/369/oj

11.5.2005

EN

Official Journal of the European Union

L 119/13


COMMISSION DECISION

of 3 May 2005

laying down rules for monitoring compliance of Member States and establishing data formats for the purposes of Directive 2002/96/EC of the European Parliament and of the Council on waste electrical and electronic equipment

(notified under document number C(2005) 1355)

(2005/369/EC)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Directive 2002/96/EC of the European Parliament and of the Council of 27 January 2003 on waste electrical and electronic equipment (WEEE) (1), and in particular the second subparagraph of Article 7(3) and the third subparagraph of Article 12(1) thereof,

Whereas:

(1)

In order to make the data produced by Member States comparable, the mode of calculating compliance with the targets in Article 7(2) of Directive 2002/96/EC should be harmonised, in terms of presentation.

(2)

Balancing the risks of inaccuracies against the administrative burden of achieving precise information, Member States should be allowed to use estimates when determining the amount of materials and components of waste electrical and electronic equipment which is recovered, reused or recycled.

(3)

Pursuant to Article 6(5) of Directive 2002/96/EC the treatment operation may also be undertaken outside the respective Member State or the Community, provided that the shipment of waste is in compliance with Council Regulation (EEC) No 259/93 of 1 February 1993 on the supervision and control of shipments of waste within, into and out of the European Community (2). Member States sending waste electrical and electronic equipment for treatment in other Member States or exporting such waste for treatment in third countries should be allowed to count the exported amount towards the targets set out in Article 7(2) of Directive 2002/96/EC on condition that the waste was collected by the exporting Member State.

(4)

The measures provided for in this Decision are in accordance with the opinion of the Committee established by Article 18 of Council Directive 75/442/EEC (3),

HAS ADOPTED THIS DECISION:

Article 1

Member States shall report the information required in Article 12(1) of Directive 2002/96/EC using the data formats set out in Table 1 of the Annex to this Decision.

Article 2

1.   Member States shall demonstrate compliance with the recovery, reuse and recycling rates set out in Article 7(2) of Directive 2002/96/EC by completing Table 2 set out in the Annex to this Decision.

When completing that table, Member States may use an estimate as to the average percentage of reused, recycled and recovered materials, such as metals, glass and plastics, and components of waste electrical and electronic equipment.

2.   Where waste electrical and electronic equipment is exported for treatment in a third country, or is sent for treatment in another Member State in accordance with Article 6(5) of Directive 2002/96/EC, only the Member State which has collected and exported that waste equipment may count it towards the targets set out in Article 7(2) of that Directive.

3.   Member States shall determine whether documentary evidence additional to the proof required under the second subparagraph of Article 6(5) of Directive 2002/96/EC is necessary.

Article 3

When transmitting Tables 1 and 2 of the Annex to the Commission, Member States shall provide the Commission with a detailed description of how the data have been compiled, and shall give an explanation of estimates and methodology used.

Article 4

This Decision is addressed to the Member States.

Done at Brussels, 3 May 2005.

For the Commission

Stavros DIMAS

Member of the Commission


(1)  OJ L 37, 13.2.2003, p. 24. Directive as amended by Directive 2003/108/EC (OJ L 345, 31.12.2003, p. 106).

(2)  OJ L 30, 6.2.1993, p. 1. Regulation as last amended by Commission Regulation (EC) No 2557/2001 OJ L 349, 31.12.2001, p. 1).

(3)  OJ L 194, 25.7.1975, p. 39. Directive as last amended by Regulation (EC) No 1882/2003 of the European Parliament and of the Council (OJ L 284, 31.10.2003, p. 1).


ANNEX

Table 1

Waste electrical and electronic equipment (WEEE) collected and exported (Articles 5 and 12 of Directive 2002/96/EC)

Column number

1

2

3

4

5

6

7

Product category

Put on the market

Collected from private households

Collected other than from private households

Total WEEE collected

Treated in the Member State

Treated in another Member State

Treated outside the EC

Total weight (1)

tonnes

Total weight

tonnes

Total weight

tonnes

Total weight

tonnes

Total weight

tonnes

Total weight

tonnes

Total weight

tonnes

1.

Large household appliances

2.

Small household appliances

3.

IT and telecommunications equipment

4.

Consumer equipment

5.

Lighting equipment

5a.

Gas discharge lamps

6.

Electrical and electronic tools

7.

Toys, leisure and sports equipment

8.

Medical devices

9.

Monitor and control instruments

10.

Automatic dispensers

Table 2

Recovery, recycling and reuse, targets (Article 7(2) of Directive 2002/96/EC)

Column number

1

2

3

4

5

Product category

Recovery

Recovery rate

Reuse and recycling

Reuse and recycling rate

WEEE reused as whole appliance

Total weight (2)

tonnes

%

Total weight

tonnes

%

Total weight

tonnes

1.

Large household appliances

2.

Small household appliances

3.

IT and telecommunications equipment

4.

Consumer equipment

5.

Lighting equipment

5a.

Gas discharge lamps

n/a

n/a

6.

Electrical and electronic tools

7.

Toys, leisure and sports equipment

8.

Medical devices

9.

Monitor and control instruments

10.

Automatic dispensers

NB: Grey boxes mean that the data need only be reported on a voluntary basis.


(1)  If this is not possible, by numbers.

(2)  If this is not possible, by numbers.


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EUR-Lex Access to European Union law

Document 32004D0249

2004/249/EC: Commission Decision of 11 March 2004 concerning a questionnaire for Member States reports on the implementation of Directive 2002/96/EC of the European Parliament and of the Council on waste electrical and electronic equipment (WEEE) (Text with EEA relevance) (notified under document number C(2004) 714)

OJ L 78, 16.3.2004, p. 56–59 (ES, DA, DE, EL, EN, FR, IT, NL, PT, FI, SV)
Special edition in Czech: Chapter 15 Volume 008 P. 214 – 217
Special edition in Estonian: Chapter 15 Volume 008 P. 214 – 217
Special edition in Latvian: Chapter 15 Volume 008 P. 214 – 217
Special edition in Lithuanian: Chapter 15 Volume 008 P. 214 – 217
Special edition in Hungarian Chapter 15 Volume 008 P. 214 – 217
Special edition in Maltese: Chapter 15 Volume 008 P. 214 – 217
Special edition in Polish: Chapter 15 Volume 008 P. 214 – 217
Special edition in Slovak: Chapter 15 Volume 008 P. 214 – 217
Special edition in Slovene: Chapter 15 Volume 008 P. 214 – 217
Special edition in Bulgarian: Chapter 15 Volume 010 P. 261 – 264
Special edition in Romanian: Chapter 15 Volume 010 P. 261 – 264
Special edition in Croatian: Chapter 15 Volume 013 P. 41 – 44

In force

ELI: http://data.europa.eu/eli/dec/2004/249/oj

32004D0249

2004/249/EC: Commission Decision of 11 March 2004 concerning a questionnaire for Member States reports on the implementation of Directive 2002/96/EC of the European Parliament and of the Council on waste electrical and electronic equipment (WEEE) (Text with EEA relevance) (notified under document number C(2004) 714) 

Official Journal L 078 , 16/03/2004 P. 0056 – 0059

Commission Decision

of 11 March 2004

concerning a questionnaire for Member States reports on the implementation of Directive 2002/96/EC of the European Parliament and of the Council on waste electrical and electronic equipment (WEEE)

(notified under document number C(2004) 714)

(Text with EEA relevance)

(2004/249/EC)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Directive 2002/96/EC of the European Parliament and of the Council of 27 January 2003(1) on waste electrical and electronic equipment (WEEE), and in particular Article 12 thereof,

Whereas:

(1) Under Directive 2002/96/EC Member States are to send to the Commission a report on the implementation of the Directive.

(2) The report should cover in detail both the incorporation of the Directive into national law and its implementation. It should be drawn up on the basis of the questionnaire in this Decision.

(3) The measures provided for in this Decision are in accordance with the opinion of the Committee established in accordance with Article 6 of Directive 91/692/EEC(2),

HAS ADOPTED THIS DECISION:

Article 1

The Member States shall draw up their reports on the implementation of Directive 2002/96/EC on the basis of the questionnaire in the Annex.

Article 2

This Decision is addressed to the Member States.

Done at Brussels, 11 March 2004.

For the Commission

Margot Wallström

Member of the Commission

(1) OJ L 37, 13.2.2003, p. 24. Directive as amended by Directive 2003/118/EC (OJ L 345, 31.12.2003, p. 106).

(2) OJ L 377, 23.12.1991, p. 48. Directive as amended by Regulation (EC) No 1882/2003 of the European Parliament and of the Council (OJ L 284, 31.10.2003, p. 1).

ANNEX

QUESTIONNAIRE

for the report of the Member States on the transposition and implementation of Directive 2002/96/EC on waste electrical and electronic equipment

There is no need to repeat information already supplied, but please indicate where and when that information was provided.

1. INCORPORATION INTO NATIONAL LAW

1.1. Has the Commission been provided with the national laws and regulations that implement the Directive into national law? (Yes/No)

1.1.1. If the answer to question 1.1 is „Yes“, please provide details.

1.1.2. If the answer to question 1.1 is „No“, please state the reasons why.

1.2. Has the Member State transposed any provision listed in Article 17(3) concerning transposal by means of agreements between the competent authorities and the economic sector concerned? (Yes/No)

1.2.1. If the answer to question 1.2 is „Yes“, please provide details.

2. IMPLEMENTATION OF THE DIRECTIVE

The data on separate collection, re-use, recovery and recycling shall be reported separately under the format that shall be determined according to Article 12(1).

2.1. Have measures pursuant to Article 4, concerning product design, been taken? (Yes/No)

2.1.1. If the answer to question 2.1 is „Yes“, please provide details on measures taken.

These shall include measures so that producers do not prevent WEEE from being reused.

2.1.2. If the answer to question 2.1 is „No“, please state the reasons why.

2.1.3. Please give an evaluation of the positive and negative experiences with this article.

2.2. Have systems been set up allowing holders and distributors to return WEEE at least free of charge in accordance with Article 5 of the Directive? (Yes/No)

2.2.1. If the answer to question 2.2 is „Yes“, please provide details. This shall include:

– a general description of these systems,

– the way the free of charge return on a one to one basis to distributors is implemented or whether and what alternative provisions in line with Article 5(2b) have been taken,

– whether producers have set up and operate individual and/or collective take-back systems for WEEE from private households,

– whether and what specific arrangements for contaminated WEEE and WEEE not containing essential components have been made,

– Additionally, information on collection systems for WEEE from sources other than private households is invited.

2.2.2. If the answer to question 2.2 is „No“, please state the reasons why.

2.2.3. Please give an evaluation of the positive and negative experiences with the implementation of provisions under this article.

2.3. Have the necessary measures to ensure the environmentally sound treatment of WEEE according to Article 6 been taken?

2.3.1. If the answer to question 2.3 is „Yes“, please provide details. This shall include:

– a general description of treatment systems available in the Member State,

– if treatment requirements or minimum quality standards for the treatment of collected WEEE in the Member State are different from or go beyond Annex II of the Directive, a description of these requirements or standards,

– if the derogation from the permit requirement referred to in Article 11(1b) of Directive 75/442/EEC(1) is applied to recovery operations concerning WEEE, a description of the terms under which this derogation applies and how the foreseen inspections under Article 6(2) of Directive 2002/96/EC are carried out,

– if the requirements for storage and treatment sites go beyond those set out in Annex III, a description of those,

– a short description of the rules, procedures and controls applied to WEEE exported out of the Community to be counted for the fulfilment of the obligations and targets of Article 7(1) and (2) of the Directive, taking into account Article 6(5) of the Directive.

2.3.2. If the answer to question 2.3 is „No“, please state the reasons why.

2.3.3. Please give an evaluation of the positive and negative experiences with the implementation of provisions under this article.

2.4. Have the necessary measures to ensure the environmentally sound re-use, recovery and recycling of WEEE according to Article 7 of the Directive been taken?

2.4.1. If the answer to question 2.4 is „Yes“, please provide a general description of the national measures to encourage the achievement of the re-use, recovery and recycling targets.

2.4.2. If the answer to question 2.4 is „No“, please state the reasons why.

2.4.3. Please indicate any action taken in regard to Article 7(5) of the Directive.

2.4.4. Please give an evaluation of the positive and negative experiences with the implementation of provisions under this article.

2.5. Have the necessary measures to ensure the financing in respect to WEEE in accordance with Articles 8 and 9 of the Directive been taken?

2.5.1. If the answer to question 2.5 is „Yes“, please provide details. This shall include:

– a general overview of the financing arrangements in the Member State and of the main schemes to implement the financing requirement,

– details concerning the use of visible fees for historical waste from private households, if these are applied,

– details concerning particular arrangements for producers supplying electrical and electronic equipment by means of distance communication, if there are such arrangements.

2.5.2. If the answer to question 2.5 is „No“, please state the reasons why.

2.5.3. Please give an evaluation of the positive and negative experiences with the implementation of provisions under this article.

2.6. Have the necessary measures to inform users of EEE and encourage their participation in WEEE management in accordance with Article 10 of the Directive been taken?

2.6.1. If the answer to question 2.6 is „Yes“, please provide details.

2.6.2. If the answer to question 2.6 is „No“, please state the reasons why.

2.6.3. Please give an evaluation of the positive and negative experiences with the implementation of provisions under this article.

2.7. Have the necessary measures to inform treatment facilities of WEEE in accordance with Article 11 of the Directive been taken?

2.7.1. If the answer to question 2.7 is „Yes“, please provide details, especially as regards the type of information supplied and media through which this information is to be supplied.

2.7.2. If the answer to question 2.7 is „No“, please state the reasons why.

2.7.3. Please give an evaluation of the positive and negative experiences with the implementation of provisions under this article.

2.8. Please provide details on the inspection and monitoring systems applied in the Member State to verify the proper implementation of this directive.

(1) OJ L 194, 25.7.1975, p. 39.

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Waste Electrical & Electronic Equipment (WEEE)

Legislation

  • Directive 2012/19/EU of the European Parliament and of the Council of 4 July 2012 on waste electrical and electronic equipment (WEEE).
  • Further details on the process leading to the adoption of Directive 2012/19/EU are available here.
  • For information on the old WEEE Directive 2002/96/EC which was repealed on 15 February 2014 see here.

Frequently Asked Questions

Secondary legislation:

  • Commission Decision 2004/249/EC of 11 March 2004 concerning a questionnaire for Member States reports on the implementation of Directive 2002/96/EC of the European Parliament and of the Council on waste electrical and electronic equipment (WEEE)
  • Commission Decision 2005/369/EC of 3 May 2005 laying down rules for monitoring compliance of Member States and establishing data formats for the purposes of Directive 2002/96/EC of the European Parliament and of the Council on waste electrical and electronic equipment (notified under document number C(2005) 1355).
  • Council Decision 2004/312/EC and Council Decision 2004/486/EC, as well as acts related to the accession of new Member States, provide for some derogations, limited in time, as concerns the targets set by Directive 2002/96/EC (WEEE), and are listed here.
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Directive 2012/19/EU on Waste Electrical and Electronic Equipment (WEEE)

Frequently Asked Questions
on
Directive 2012/19/EU on Waste Electrical and Electronic Equipment
(WEEE)
April 2014
1
Foreword
The purpose of this Frequently Asked Questions (FAQ) document is to clarify certain aspects of Directive
2012/19/EU (hereafter referred to as the “ Directive”), which entered into force on 13 August 2012 and which
Member States were required to transpose into national law by 14 February 2014. At that time, Directive
2002/96/EC (the “old WEEE Directive”) was repealed.
The document is principally intended to help competent public authorities and economic operators interpret the
provisions of the Directive in order to ensure compliance with the Directive’s requirements. However, the
Directive being addressed only to the Member States, the rights and obligations for private parties exclusively
flow from the measures enacted by the authorities of the Member States to implement it.
When formulating the answers to the questions raised in this FAQ document the two following criteria have
been applied:
– they should not deviate from the answers given in the FAQ document of August 2006 on the old WEEE
Directive , unless the underlying legal text has changed, answers can now be given in a more precise
manner , or, in a few cases, a different interpretation has proved necessary;
– they should not deviate from the answers to identical ‘frequently asked questions’ contained in the RoHS 2
FAQ document, unless differences in the objectives and nature of the two Directives require a different
answer ;
This FAQ document is considered to be a ‘living document’ and the Commission may update it as necessary in
light of the experience with the implementation of the new Directive and any future requirements. This
document supersedes the FAQ document on the old WEEE Directive and the latter document has been
repealed.
Finally, as is customary, this FAQ document reflects the views of DG Environment and as such is not legally
binding. The definitive interpretation of Union law is the sole prerogative of the Court of Justice of the European
Union.
April 2014
2
Table of Contents
1. GENERAL QUESTIONS ON THE IMPLEMENTATION OF THE DIRECTIVE 5
1.1. When does the Directive start to apply? 5
1.2. Where can information on the provisions of the Directive be obtained? 5
2. SUBJECT MATTER & PURPOSE OF THE DIRECTIVE- ARTICLE 1 6
2.1. What is the overall aim of the Directive? 6
3. SCOPE- ARTICLE 2 6
3.1. What are the criteria for determining whether a product falls within the scope of the Directive? 6
3.2. What is the scope of the Directive from 15.8.2018 onwards? 6
3.3. Do Member States have to change/redesign the categories in Annex I of the Directive during the
transitional period? 7
3.4. Does the Directive apply to EEE for professional use? 7
3.5. Does the Directive apply to batteries? 7
3.6. Do components fall within the scope of the Directive? 8
3.7. Do Radio Frequency Identification (RFID) tags fall within the scope of the Directive? 8
3.8. Do antennas and cables fall within the scope of the Directive? 8
3.9. Do printer cartridges fall within the scope of the Directive? 8
3.10. Do inverters fall within the scope of the Directive? 8
3.11. Is any equipment that contains photovoltaic cells, modules or panels a photovoltaic panel under
category 4 of Annex I of the Directive? 9
3.12. Can any equipment featuring screens larger than 100cm2
be considered as falling under category 2
of Annex III? 9
3.13. Does all lighting equipment fall within the scope of the Directive? 9
3.14. What type of equipment falls under the exclusion in Article 2(3)(b) as ‘specifically designed and
installed as part of another equipment…’? 10
3.15. Is R&D equipment excluded from the scope of the Directive? 11
3.16. Is all medical equipment excluded from the scope of the Directive? 11
3.17. Is equipment such as IT and telecommunication equipment used within a large-scale fixed
installation or a large-scale stationary industrial tool excluded from the scope? 12
3.18. Is lighting equipment covered by the exclusion of large scale fixed installations? 12
4. DEFINITIONS- ARTICLE 3 12
4.1. What does ‘dependent on electric currents or electromagnetic fields in order to work properly’
mean? 12
4.2. What are large-scale fixed installations (LSFI) and large-scale stationary industrial tools (LSSIT)? 13
4.3. Is a company manufacturing EEE in a Member State but exporting 100% of its production considered
to be a producer in that Member State? 13
4.4. Can a manufacturer or seller not established in any Member State be considered as a producer of
EEE? 13
3
4.5. Does any natural or legal person who places on the market of a Member State, on a professional
basis, EEE from a third country or from another Member State need to have the equipment branded
under his/her own name in order to be considered as a producer? 13
4.6. What is ‚EEE likely to be used by both private households and users other than private households‘
(the waste of which ’shall in any event be considered WEEE from private households‘)? 14
4.7. Does the placing on the market on a professional basis of EEE already used in one Member State
within the territory of another Member State meet the definition of ‘placing on the market’? 14
5. SEPARATE COLLECTION- ARTICLE 5 14
5.1. What are the responsibilities of distributors for separate WEEE collection? 14
5.2. How to measure external dimensions of ‘very small’ EEE? 15
6. RE-USE CENTERS — ARTICLE 6 15
6.1. Can re-use centres have access to collection points? 15
7. COLLECTION RATE- ARTICLE 7 16
7.1. Who is responsible for achieving the collection rates? 16
7.2. Can Member States set more ambitious collection rates? 16
7.3. Do Member States need to choose between a “collection rate based on 65% of EEE placed on the
market in the three preceding years” and a “collection rate based on 85% of WEEE generated on
their territory”? 16
7.4. How shall Member States calculate the collection rate based on 65% of EEE placed on the market in
the three preceding years or the collection rate based on 85% of WEEE generated on their territory?
16
7.5. Can Member States require that information on all WEEE collected separately through all routes is
reported to them free of charge? 17
7.6. Are Member States required to collect information on WEEE collected through all routes? 17
7.7. Should the collection rate be applied to specific product categories? 18
7.8. How does the collection rate set out in Article 7(1) relate to WEEE from users other than private
households? 18
8. INFORMATION FOR USERS & INFORMATION FOR TREATMENT FACILITIESARTICLES 14 & 15 18
8.1. When EEE is marked when it is placed on the market of a Member State, does this EEE has to be remarked when it is traded between Member States? 18
9. AUTHORISED REPRESENTATIVE- ARTICLE 17 19
9.1. Do producers have the right to appoint an authorised representative, instead of being established in
a Member State? 19
10. INSPECTION AND MONITORING- ARTICLE 23 19
10.1. Does Article 23(2) mean that Member States must impose the criteria in Annex VI for all shipments
of used EEE? 19
10.2. Does Article 23(2) also apply to shipments of used EEE between Member States? 20
10.3. Can the producer/person responsible for the shipment be charged with the storage cost even if the
used EEE suspected to be WEEE is proven not to be WEEE? 20
4
11. MINIMUM REQUIREMENTS FOR SHIPMENTS — ANNEX VI 20
11.1. Is the ‘holder’ of used EEE always the legal owner of this EEE? 20
11.2. Does the appropriate protection against damage during transportation, loading and unloading
require both sufficient packaging and appropriate stacking of the load? 20
11.3. What is the meaning of a ‘warranty’ in the context of Annex VI point 2(a)? 21
11.4. Does the derogation from the requirements referred to in point 2 of Annex VI apply when used EEE
to be shipped is under a leasing contract? 21
11.5. In which cases does the derogation in Annex VI point 2(b) apply? 21
11.6. What is the purpose of the ‘declaration by the liable person on its responsibility’? What form shall
this declaration take? 21
11.7. Is it necessary to carry all information mentioned in point 5 of Annex VI in order to prove that an
object is used EEE? 22
11.8. Does EEE that is excluded from the scope of the Directive have to meet the Annex VI requirements
when shipped? 22
APPENDIX 23
PART 1: Decision tree- How can I find out if the Directive applies to my product? 24
PART 2: Description of the criteria determining whether or not specific equipment is in scope of the
Directive- examples 25
5
1. General questions on the implementation of the Directive
1.1. When does the Directive start to apply?
The new WEEE Directive 2012/19/EU (hereafter mentioned as “the Directive”) entered into force on
13 August 2012 and had to be transposed into national law by 14 February 2014. At that time, the
old WEEE Directive (Directive 2002/96/EC) is repealed.
The period between 13 August 2012 and 14 August 2018 is a transitional period. During this period
the scope of the Directive is identical to the scope of the old Directive (10 categories of electrical and
electronic equipment (EEE)) with the exception of photovoltaic panels (PV panels), that have been
added to the scope of the Directive with immediate effect.
From 15 August 2018 onwards the scope of the Directive is widened to include all EEE. All EEE shall
then be classified within 6 categories instead of the existing 10 categories.
1.2. Where can information on the provisions of the Directive be
obtained?
The legislation applicable to individuals and undertakings is primarily the national legislation of EU
Member States transposing the Directive. Questions of individual stakeholders are therefore best
addressed to the national authorities responsible for the transposition and implementation of the
Directive, a list of which can be found here:
http://ec.europa.eu/environment/waste/weee/contacts_en.htm.
Questions on practical issues concerning the registration of producers can be addressed to national
registers, a list of which is included in the list of national contact points mentioned above.
Information on registration can also be obtained from the ‘European WEEE Registers Network’
(EWRN), a network representing many national registers of Member States. EWRN can provide
information concerning the registration practices in these Member States. The network can be
contacted via https://www.ewrn.org/contact-us .
Questions to the European Commission can be sent to DG Environment. For a list of useful links see
the Commission’s web-page: http://ec.europa.eu/environment/waste/weee/links_en.htm
6
2. SUBJECT MATTER & PURPOSE OF THE DIRECTIVE- Article 1
2.1. What is the overall aim of the Directive?
The Directive aims to prevent or reduce the negative environmental effects resulting from the
generation and management of WEEE and from resource use.
As reflected in the Directive’s recital 6, its key purpose is to contribute to sustainable production and
consumption by, as a first priority, the prevention of WEEE and, in addition, by the re-use, recycling
and other forms of recovery of such wastes. The Directive thus incorporates the waste hierarchy as
established in Article 4 of Directive 2008/98/EC on waste1
.
3. SCOPE- Article 2
3.1. What are the criteria for determining whether a product falls within
the scope of the Directive?
To answer this question two key aspects have to be considered:
1. Does the equipment meet the definition of EEE?
and
2. Does the equipment fall under any of the exclusions?
Article 2 of the Directive defines the scope of the Directive and lists the equipment excluded from
the scope.
Part 1 of the Appendix to this FAQ document contains a “decision tree” to be used for determining
whether specific equipment meets the definition of EEE and as such falls within the scope of the
Directive.
Part 2 of the Appendix gives a description of the criteria determining whether a product falls within
the scope of the Directive as well as a description and a number of examples concerning the scope
exclusions.
3.2. What is the scope of the Directive from 15.8.2018 onwards?
Starting from 15 August 2018, the Directive will have an ‘open scope’ and all EEE must then be
placed in one of the six new categories set out in its Annex III. Under the open scope, any equipment
that falls under the definition of EEE as set out in Article 3(1)(a) is in scope.
From the open-scope period onwards, EEE is only out of scope if it falls under one of the exclusions
explicitly mentioned in Article 2, paragraphs (3) and (4).

1
Directive 2008/98/EC of the of the European Parliament and of the Council on waste (Waste Framework Directive), (OJ L
312, 22.11.2008, p. 3.)
7
3.3. Do Member States have to change/redesign the categories in Annex I
of the Directive during the transitional period?
No. Until the end of the transitional period (14 August 2018), the same 10 categories of EEE as in
Directive 2002/96/EC remain in force as regards targets and reporting obligations. However, in the
new Directive there is an addition in category 4 in Annex I: during the transitional period, category 4
not only includes consumer equipment but photovoltaic panels as well.
It is only from 15 August 2018 onwards that all EEE shall be classified under the 6 categories set out
in Annex III of the Directive as regards targets and reporting.
Member States and other relevant actors are free to design and use additional (sub-) categories, as
long as reporting to the Commission is in line with the requirements of the Directive.
3.4. Does the Directive apply to EEE for professional use?
Yes. Preambular paragraph 9 makes it clear that the Directive covers all EEE used by consumers and
EEE intended for professional use. All types of electrical and electronic equipment that meet the
definition of EEE as set out in Article 3(1)(a) fall within the scope of the Directive unless they benefit
from an exclusion on the basis of Article 2. It should be noted however that:
1. According to Article 7(1), until 2015 the collection target (4kg/inhabitant/year) only relates
to WEEE from private households; from 2016 onwards the collection target will cover both
types of WEEE (see also question 7.8).
2. For WEEE from private households financing provisions are set out in Article 12 while for
WEEE from users other than private households these provisions are set out in Article 13.
3.5. Does the Directive apply to batteries?
A producer of electrical and electronic equipment containing a battery is also regarded as a battery
producer under the Batteries Directive2
. This is to ensure that there will be a responsible producer
for all batteries placed on the EU market regardless of whether the batteries are put on the market
themselves or incorporated in EEE. Member States should avoid any double charging of producers in
case batteries are collected with the appliance on the basis of the WEEE Directive.
Batteries incorporated in WEEE will be collected on the basis of the WEEE Directive. However, as
required in Annex VII of the Directive, after collection, they will be removed (manual, mechanical,
chemical or metallurgic handling) from the WEEE and they will count for the collection targets of the
Batteries Directive. They are also subject to the recycling requirements of the Batteries Directive.

2
Directive 2006/66/EC of the European Parliament and of the Council on batteries and accumulators and waste batteries
and accumulators and repealing Directive 91/157/EEC (OJ L 266, 26.9.2006, p. 1.) as amended by Directive 2013/56/EC of
the European Parliament and of the Council on batteries and accumulators and waste batteries and accumulators as
regards the placing on the market of portable batteries and accumulators containing cadmium intended for use in cordless
power tools, and of button cells with low mercury content,(OJ L 329, 10.12.2013, p. 5.)
8
3.6. Do components fall within the scope of the Directive?
Components cover the range of items that, when assembled, enable an EEE to work properly.
Components placed on the market separately in order to be used to manufacture and/or repair an
EEE fall outside the scope of the Directive unless they have an independent function themselves.
However, a self-assembly kit that consists of components that form an EEE when assembled is an
EEE at the stage when it is sold as an assembly kit (Example: remote controlled electric helicopter
delivered as an assembly kit).
3.7. Do Radio Frequency Identification (RFID) tags fall within the scope of
the Directive?
Yes. RFID tags (active and passive) meet the definition of EEE as set out in Article 3(1)(a) and thus fall
within the scope of the Directive, unless they benefit from an exclusion on the basis of Article 2.
3.8. Do antennas and cables fall within the scope of the Directive?
Antennas and cables used for the transfer of electrical currents and electromagnetic fields meet the
definition of EEE as set out in Article 3(1)(a) and thus fall within the scope of the Directive.
However, cables that are components of another EEE (either internal – permanently attached – or
externally connected and removable, but sold together or marketed/shipped for use with the EEE)
do not fall within the scope of the Directive. Cables placed on the market individually that are not
part of another EEE are considered as EEE themselves.
3.9. Do printer cartridges fall within the scope of the Directive?
This depends on the type of the printer cartridge.
A printer cartridge falls within the scope of the Directive if it meets the definition of EEE given in
Article 3(1)(a) and does not fall under the exclusions of Article 2 of the Directive. The decisive
criterion is the fulfilment of the definition of EEE. Thus, printer cartridges which contain electrical
parts and are dependent on electric currents or electromagnetic fields in order to function properly
fall within the scope of the Directive.
Printer cartridges which merely consist of ink and a container, without electrical parts, do not fall
within the scope of the Directive.
3.10. Do inverters fall within the scope of the Directive?
An inverter (i.e. an electrical device that changes direct current (DC) to alternating current (AC),
commonly used to supply AC power from DC sources such as solar panels or batteries) falls under
9
the definition of EEE given in Article 3(1)(a) and thus falls within the scope of the Directive. An
example of an inverter that falls within the scope of the Directive is one used in a photovoltaic
installation.
However, an inverter does not fall within the scope of the Directive in the following cases:
 when it is designed and placed on the market as a component to be integrated into another EEE,
 when it benefits from an exclusion on the basis of Article 2: e.g. it is specifically designed and
installed as part of another type of equipment that is excluded from or does not fall within the
scope of the Directive, and the inverter can fulfil its function only if it is part of that equipment.
3.11. Is any equipment that contains photovoltaic cells, modules or panels
a photovoltaic panel under category 4 of Annex I of the Directive?
No. This depends on the precise nature of the equipment. A photovoltaic (PV) panel is a piece of
electrical equipment which has been designed with the sole purpose to generate electricity from
solar light for public, commercial, industrial, rural and residential applications. This definition does
not include equipment with integrated PV cells whose function is to generate the electricity needed
to make that equipment work. The following non-exhaustive list illustrates equipment containing a
solar cell which are not to be considered as photovoltaic panels, but falling into other categories of
equipment covered by the Directive: solar air conditioning, solar backpack, solar cell phone charger,
solar fan, solar keyboard, solar lamp, solar notebook, solar powered calculator, solar powered
fountain, solar powered radio, solar powered refrigerator, solar powered watch, solar road stud and
solar garden light.
This kind of equipment should not be reported as a PV panel under category 4 of Annex I but should
be reported under the respective category (e.g. a pocket calculator with a small PV panel should be
reported under category 3 of Annex I, a luminaire with a small PV panel should be reported under
category 5 of Annex I).
3.12. Can any equipment featuring screens larger than 100cm2 be
considered as falling under category 2 of Annex III?
No. EEE containing screens greater than 100cm2
, but whose main focus is different from displaying
images or animated or un-animated information on a screen, shall not be considered as belonging to
category 2 of Annex III as this would distort the information content of reports. Products like
washing machines, refrigerators and printers (which happen to have a screen larger than 100cm2
and
whose main function is different from that of a monitor), should be reported under their specific
category and not under category 2 of Annex III.
3.13. Does all lighting equipment fall within the scope of the Directive?
Yes, for both the transitional and the open scope period all the different kinds of lamps and
luminaries fall within the scope of the Directive unless they benefit from an exclusion on the basis of
Article 2. From the open scope period the exception of ‘luminaries in households’ (see category 5 in
10
Annex II of the Directive) is no longer applicable, while filament bulbs (filament lamps) continue to
be excluded from the scope of the Directive.
Whatever source of light meets the definition of EEE as contained in Article 3(1)(a) is a lamp falling
within the scope of the Directive. This includes light sources using LED or OLED technology and LED
retrofit lamps placed on the market as individual products. However, light sources such as LED chips
or integral modules placed on the market in order to be integrated or built-in in LED lamps or
luminaires do not fall within the scope of the Directive because they are components of an EEE.
As regards the categorisation of lighting equipment into EEE categories:
 During the transitional period, all the different kinds of lighting equipment (both lamps and
luminaires) fall under category 5 ‘lighting equipment’ of Annex I;
 During the open scope period, lighting equipment can be classified in three different categories
of Annex III, according to the type and the size of the equipment i.e.
– All the different types of light sources fall under category 3 (‘Lamps’) and
– Luminaries fall either under category 4 ‘(large equipment) or under category 5(small
equipment), depending on their size.
3.14. What type of equipment falls under the exclusion in Article 2(3)(b) as
‘specifically designed and installed as part of another equipment…’?
If equipment is specifically produced in order to be installed as part of another type of equipment
that is excluded from or does not fall within the scope of the Directive and can fulfil its function only
if it is part of that equipment, such equipment is ‘specifically designed’ and falls out of the scope of
the Directive (Article 2(3)(b)). In these cases “specifically designed” equipment means that it is tailor
made since it is designed to meet the needs of a specific application in the equipment that it is part
of.
Examples of specifically designed equipment to be installed as part of another type of equipment
that is excluded from the scope of the Directive include:
– equipment specifically designed, dimensioned and customized to be used as part of a specific
large-scale fixed installation (’LSFI’) (e.g. sensor equipment with a size, electrical interface and
mounting features designed to fit inside drill heads).
– equipment designed specifically to be installed as part of a large-scale stationary industrial tool
‘LSSIT’ (e.g. pumps designed for transport of cooling lubricants for LSSIT).
Examples of specifically designed equipment to be installed as part of another type of equipment
that does not fall within the scope of the Directive include navigation devices designed for specific
models of cars and incorporated into the car and galley equipment designed for an individual aircraft
or range of aircraft. Conversely, equipment intended to be fitted, for example, to any automobile
such as hands-free phone systems and retrofit satellite navigation devices is not ‘specifically
designed’ and does not benefit from this exclusion.
11
3.15. Is R&D equipment excluded from the scope of the Directive?
As per Article 2(4)(f) of the Directive, equipment specifically designed solely for the purposes of
research and development (R&D) that is only made available on a business-to-business basis is
excluded from the scope of the Directive to help reduce unnecessary burdens on research, scientific
advancement, development and innovation in the EU.
Standard equipment, such as monitoring devices or instruments for chemical analysis and other
laboratory equipment, that can be used both for R&D applications and in commercial or other
applications, does not benefit from this exclusion. Neither does the exclusion apply to equipment
designed and placed on the market to test, validate or monitor R&D equipment and/or prototypes.
Examples of EEE that may benefit from this R&D exclusion include:
 non-finished products such as prototype or sample/test EEE (these products are still part of the
development and pre-production process and not marketed).
 In-house custom built ‘development vehicles’ used solely for the development, testing,
validation and evaluation of such non-finished products, including the evaluation of regulatory
compliance, product performance and determination of customer acceptability.
This type of EEE belongs to the conceptual, developmental, design or pre-production stage and is as
such designed for R&D use.
3.16. Is all medical equipment excluded from the scope of the Directive?
No. As per Article 2(4)(g) the exclusion from the scope of the Directive only applies to medical
equipment (medical devices and in vitro diagnostic medical devices) that is expected to be infective
prior to end of life. Furthermore, active implantable medical devices are excluded to avoid an
obligation to remove electrical equipment from deceased persons for reasons.
Examples of exclusions as medical equipment expected to be infective prior to end of life include:
 Single use medical equipment
(e.g. electrodes used to attach to a
baby’s head in order to monitor the
health condition of the baby during
birth; the electrodes are disposed of
as infective hospital waste; the
monitor itself, which has no contact
with the patient, is not excluded).
 Medical equipment that due to
national regulation shall be collected
and treated via an infectious health
hazard regime (clinical waste).
12
3.17. Is equipment such as IT and telecommunication equipment used
within a large-scale fixed installation or a large-scale stationary
industrial tool excluded from the scope?
This depends. Equipment which is not specifically designed and installed as part of an excluded
installation or tool is not excluded from the scope. Smoke detectors, computers and cables are
examples of equipment that is in scope. Only if for example a computer is specifically designed for a
large-scale installation or tool, (e.g., an industrial PC to be integrated in and attached with the largescale fixed installation), and if that computer can only function and be used within the large-scale
fixed installation (because of its special hardware and/or construction), it is excluded as part of a
large-scale fixed installation. If not placed within the large-scale fixed installation, such a computer
has no possible functionality or use of its own.
3.18. Is lighting equipment covered by the exclusion of large scale fixed
installations?
No. Article 2(4)(b) states that any equipment that is not specifically designed and installed as part of
a large-scale fixed installation does not benefit from this exclusion. Lighting equipment is normally
not specifically designed to be part of a specific installation, and is therefore in scope of the
Directive.
4. DEFINITIONS- Article 3
4.1. What does ‘dependent on electric currents or electromagnetic fields in
order to work properly’ mean?
‘Dependent on electric currents or electromagnetic fields in order to work properly’ means that the
equipment needs electric currents or electromagnetic fields (e.g. not petrol or gas) to fulfil its basic
function (i.e., when the electric current is off, the equipment cannot fulfil its basic function). If
electrical energy is used only for support or control functions, this type of equipment is not covered
by the Directive. Examples of equipment that does not need electricity to fulfil its basic function,
(but only requires, for example, a spark to start), include petrol lawn mowers and gas stoves with
electronic ignition only (see also Appendix, Part 2).
Some types of equipment that now fall within the scope of the new RoHS Directive (Directive
2011/65/EU)3
as a result of its more specific definition of ‘dependent’ (on electricity) given in article
3(2), may still be outside the scope of the new WEEE Directive, as the Directive does not contain this
more specific definition according to which ‘dependent’ means, with regard to EEE, needing electric
currents or electromagnetic fields to fulfil at least one intended function.

3
Directive 2011/65/EU of the European Parliament and the Council of June 2011 on the restriction of the use of certain
hazardous substances in electrical and electronic equipment (recast) (OJ L 174, 1.7.2011, p.88)
13
4.2. What are large-scale fixed installations (LSFI) and large-scale
stationary industrial tools (LSSIT)?
Two of the WEEE scope exclusions listed in Article 2(4) refer to combinations of EEE in a professional
context, i.e. „large-scale stationary industrial tools“ (Article 2(4)(b)) and „large-scale fixed
installations“ (Article 2(4)(c)).
Both „large-scale stationary industrial tools“ and „large-scale fixed installations“ are defined in
Article 3(1) (b) and (c) respectively. More information on the meaning of „large-scale“ is provided in
the RoHS 2 FAQ document (Q 3.1.)4
4.3. Is a company manufacturing EEE in a Member State but exporting
100% of its production considered to be a producer in that Member
State?
No. According to Article 3(1)(f)(i), a company that is established in a Member State and
manufactures EEE under its own name or trademark is considered to be a producer only if it also
markets EEE under its name or trademark within the territory of that Member State.
4.4. Can a manufacturer or seller not established in any Member State be
considered as a producer of EEE?
Yes. According to Article 3(1)(f)(iv), in cases where the manufacturer or seller established in a nonEU country sells EEE directly to an end-user located in a Member State by means of distance
communication, this manufacturer or seller is considered to be the producer of that EEE and must
comply with the requirements of the Directive (i.e. he has to be registered in the national registry of
each Member State where he sells, to fulfil take-back obligations, to report on the quantities placed
on the market of each Member State).
However, if a manufacturer or seller established in a non-EU country sells EEE to a professional seller
in a Member State then the latter meets the definition of producer under Article 3(1)(f)(iii) and
he/she is the one to comply with the requirements of the Directive.
4.5. Does any natural or legal person who places on the market of a
Member State, on a professional basis, EEE from a third country or
from another Member State need to have the equipment branded
under his/her own name in order to be considered as a producer?
No. Any natural or legal person placing on the market of a Member State on a professional basis EEE
from a third country or from another Member State meets the definition of producer under Article
3(1)(f)(iii) irrespective of whether the EEE is branded under his own name or not.

4
The RoHS 2 FAQ document is available on the web-page http://ec.europa.eu/environment/waste/rohs_eee/pdf/faq.pdf
14
4.6. What is ‚EEE likely to be used by both private households and users
other than private households‘ (the waste of which ’shall in any event
be considered WEEE from private households‘)?
This term, which in the Directive has been added to the definition of ‚WEEE from private households‘
given in Article 3(1)(h), refers to electrical and electronic equipment which due to its nature can be
assumed to be used by both private households and users other than private households
(professional users). Such equipment should be registered and reported as household equipment
and its waste should be considered WEEE from private households.
Examples of such equipment include:
– personal computers and telephones which are used both by private households and in a
commercial/industrial context;
– standard photovoltaic panels operating at a voltage or having a power consumption or
generating electricity inside the range available in private households.
Examples of electrical and electronic equipment which due to its nature should not be assumed to
be used by private households include:
– medical devices used only in hospitals and medical centres (e.g. medical X-ray equipment);
– EEE operating at a voltage or having a power consumption or generating electricity outside the
range available in private households (e.g. large scale photovoltaic systems designed for
professional use) and EEE requiring professional licenses or entry-intro-service authorisations to
operate (e.g. base stations requiring the license of the telecommunication regulator).
4.7. Does the placing on the market on a professional basis of EEE already
used in one Member State within the territory of another Member
State meet the definition of ‘placing on the market’?
Yes. The Directive is applied at Member State level; only equipment moved within a Member State
remains in the same market in which it was originally placed.
If EEE is placed on the market of a Member State from another Member State on a professional
basis, is considered a new ‘placing on the market’, in line with Article 3(1)(k). This interpretation
applies to any second hand, reused or remanufactured EEE that is sold on a professional basis. It
does not apply to the resale of used EEE by the end user.
5. SEPARATE COLLECTION- Article 5
5.1. What are the responsibilities of distributors for separate WEEE
collection?
Article 5(2)(b) of the Directive obliges distributors to accept a discarded item when a new equivalent
item is purchased. If Member States want to derogate from this provision, they have to ensure that
15
returning the WEEE is not thereby made more difficult for the final holder and that it remains free of
charge for the final holder.
Article 5(2)(c) requires distributors, at retail shops with sales areas relating to EEE of at least 400m2
,
to accept very small WEEE (no external dimension more than 25cm) when returned to them, with no
further obligation to the end-user to buy EEE of an equivalent type. If Member States want to
deviate from this requirement by applying alternative existing collection schemes, such schemes
must be shown to be at least as effective, and the assessment must be made available to the public.
5.2. How to measure external dimensions of ‘very small’ EEE?
In line with Article 5(2)(c) ‘very small’ EEE is EEE that has no external dimension more than 25cm. To
measure the external dimensions of:
a) ‘very small’ equipment with curved surfaces:
Simply draw a box around the equipment and measure its dimensions.
b) ‘very small’ equipment with accessories:
Measure the dimensions by drawing a box around the equipment without any accessories that can
be removed from it and measure the dimensions of the accessories separately. For example if a cell
phone is discarded with its charger, these are two products. In this case, the dimensions of the cell
phone and the charger should be measured separately by drawing a box around each one of them.
c) cables:
Measure the dimensions by drawing a box around the best compact form to pack the cables.
6. RE-USE CENTERS — Article 6
6.1. Can re-use centres have access to collection points?
Yes. Article 6(2) requires Member States to promote that collection schemes or facilities provide,
where appropriate, for the separation at collection points of WEEE to be prepared for re-use and to
grant personnel from re-use centres access to that WEEE, provided that the re-use centres are
accredited, in line with Annex IV (point 16) of the EU Waste Framework Directive 2008/98/EC.
Regarding access of re-use centres to collection points, a number of different practices existing in
Member States can be applied. For example, if producer responsibility systems establish collection
points, they can also control access to all collection points and cooperate with accredited re-use
centres. The access could also be granted on the basis of individual contracts between the respective
operators and re-use centre(s); examples of ‘operators’ include municipalities or associations of
municipalities (operating municipal collection centres), private waste companies (operating
compliance scheme’s regional collection centres) or social enterprises (operating collection centres
as contractors for municipalities and/or compliance schemes).
16
7. COLLECTION RATE- Article 7
7.1. Who is responsible for achieving the collection rates?
In line with Article 7(1) Member States shall ensure that the collection rates referred to in paragraph
7(1) are achieved.
For the achievement of the collection rate, Member States shall ensure that collective and/or
individual systems are set up, adequate and accessible collection points are established and action
to increase collection is taken and promoted (e.g. nationwide awareness campaigns).
National authorities have to ensure that collection rates are achieved taking into account all the
channels, as specified in Article 16(4). Member States should put in place measures to gather
information on all WEEE that has been separately collected. It is critical for Member States to ensure
that anyone who handles WEEE (e.g. recyclers, waste collectors, local authorities, traders), properly
reports it, including the type and the quantity of WEEE they handle.
7.2. Can Member States set more ambitious collection rates?
Yes. According to the last paragraph of Article 7(1), Member States may set more ambitious rates for
separate collection of WEEE and shall in such a case report this to the Commission.
7.3. Do Member States need to choose between a “collection rate based on
65% of EEE placed on the market in the three preceding years” and a
“collection rate based on 85% of WEEE generated on their territory”?
No. Article 7(1) does not require Member States to choose. From 2019 onwards (seven years after
entry into force), Article 7(1) merely requires Member States to demonstrate achievement of either
one of the collection rates. This means that Member States are permitted to demonstrate annual
compliance with either the former or the latter collection rate, and that they do not need to choose
in advance on which basis the collection rate will be reported.
7.4. How shall Member States calculate the collection rate based on 65%
of EEE placed on the market in the three preceding years or the
collection rate based on 85% of WEEE generated on their territory?
From 2019 onwards, the minimum collection rate to be achieved annually shall be 65% of the
average weight of EEE placed on the market in the three preceding years in the Member State
concerned, or alternatively 85% of WEEE generated on the territory of that Member State as
foreseen in Article 7(1).
Member States that prefer to demonstrate compliance with the former collection rate for a
reference year (x), should calculate the average weight of EEE placed on the market in the three
preceding years, meaning years (x-1), (x-2) and (x-3). So, for the first year that this target applies,
17

EUR-Lex Access to European Union law

Document 32004D0486

2004/486/EC: Council Decision of 26 April 2004 granting Cyprus, Malta and Poland certain temporary derogations from Directive 2002/96/EC on waste electrical and electronic equipment

OJ L 162, 30.4.2004, p. 114–115 (ES, DA, DE, EL, EN, FR, IT, NL, PT, FI, SV)
Special edition in Czech: Chapter 15 Volume 008 P. 504 – 505
Special edition in Estonian: Chapter 15 Volume 008 P. 504 – 505
Special edition in Latvian: Chapter 15 Volume 008 P. 504 – 505
Special edition in Lithuanian: Chapter 15 Volume 008 P. 504 – 505
Special edition in Hungarian Chapter 15 Volume 008 P. 504 – 505
Special edition in Maltese: Chapter 15 Volume 008 P. 504 – 505
Special edition in Polish: Chapter 15 Volume 008 P. 504 – 505
Special edition in Slovak: Chapter 15 Volume 008 P. 504 – 505
Special edition in Slovene: Chapter 15 Volume 008 P. 504 – 505
Special edition in Bulgarian: Chapter 15 Volume 012 P. 36 – 37
Special edition in Romanian: Chapter 15 Volume 012 P. 36 – 37
Special edition in Croatian: Chapter 15 Volume 015 P. 3 – 4

In force

ELI: http://data.europa.eu/eli/dec/2004/486/oj

32004D0486

2004/486/EC: Council Decision of 26 April 2004 granting Cyprus, Malta and Poland certain temporary derogations from Directive 2002/96/EC on waste electrical and electronic equipment 

Official Journal L 162 , 30/04/2004 P. 0114 – 0115

Council Decision

of 26 April 2004

granting Cyprus, Malta and Poland certain temporary derogations from Directive 2002/96/EC on waste electrical and electronic equipment

(2004/486/EC)

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty concerning the accession of the Czech Republic, the Republic of Estonia, the Republic of Cyprus, the Republic of Latvia, the Republic of Lithuania, the Republic of Hungary, the Republic of Malta, the Republic of Poland, the Republic of Slovenia and the Slovak Republic to the European Union, and in particular Article 2(3) thereof,

Having regard to the Act concerning the conditions of accession of the Czech Republic, the Republic of Estonia, the Republic of Cyprus, the Republic of Latvia, the Republic of Lithuania, the Republic of Hungary, the Republic of Malta, the Republic of Poland, the Republic of Slovenia and the Slovak Republic and the adjustments to the Treaties on which the European Union is founded, hereinafter „2003 Act of Accession“, and in particular Article 55 thereof,

Having regard to the requests of Cyprus, Malta and Poland,

Having regard to the proposal from the Commission,

Whereas:

(1) In accordance with the first subparagraph of Article 5(5) of Directive 2002/96/EC of the European Parliament and of the Council of 27 January 2003 on waste electrical and electronic equipment (WEEE)(1), Member States are to ensure that by 31 December 2006 at the latest a rate of separate collection of at least four kilograms on average per inhabitant per year of waste electrical and electronic equipment from private households is achieved.

(2) Article 7(2) of Directive 2002/96/EC lays down certain minimum targets for the recovery of waste electrical and electronic equipment and for component, material and substance reuse and recycling. The Member States have to ensure that producers meet these targets by 31 December 2006.

(3) In accordance with Article 17(1) of Directive 2002/96/EC, Member States are to bring into force the laws, regulations and administrative provisions necessary to comply with that Directive by 13 August 2004. However, Article 17(4)(a) of Directive 2002/96/EC provides that Greece and Ireland which, because of their overall recycling infrastructure deficit, geographical circumstances such as the large number of small islands and the presence of rural and mountain areas, low population density, and low level of consumption of electrical and electronic equipment are unable to reach either the collection target mentioned in the first subparagraph of Article 5(5) or the recovery targets mentioned in Article 7(2) of Directive 2002/96/EC and which, under the third subparagraph of Article 5(2) of Council Directive 1999/31/EC of 26 April 1999 on the landfill of waste(2), may apply for an extension of the deadline mentioned in that Article, may extend the periods referred to in Articles 5(5) and 7(2) of Directive 2002/96/EC by up to 24 months.

(4) On the basis of Article 55 of the 2003 Act of Accession, Cyprus, Malta and Poland requested transitional periods by way of temporary derogation from the time-limits laid down in the first subparagraph of Article 5(5) and Article 7(2) of Directive 2002/96/EC. Malta stated as reasons its recycling infrastructure deficit, low quantities of waste electrical and electronic equipment, constraints due to the fact that it is a small and geographically isolated country with a small local market and a high population density with attendant land-use problems, and that it is a net importer of electrical and electronic equipment. Cyprus and Poland stated as reasons their recycling infrastructure deficit and low population density. Poland also cited its high proportion of rural areas.

(5) Those reasons justify an extension of the abovementioned time-limits for Cyprus, Malta and Poland by 24 months,

HAS ADOPTED THIS DECISION:

Article 1

Cyprus, Malta and Poland may extend the time-limits referred to in the first subparagraph of Article 5(5) and Article 7(2) of Directive 2002/96/EC by 24 months.

Article 2

This Decision is addressed to the Member States and the Republic of Cyprus, the Republic of Malta and the Republic of Poland.

Done at Luxembourg, 26 April 2004.

For the Council

The President

J. Walsh

(1) OJ L 37, 13.2.2003, p. 24. Directive as amended by Directive 2003/108/EC (OJ L 345, 31.12.2003, p. 106).

(2) OJ L 182, 16.7.1999, p. 1. Directive as amended by Regulation (EC) No 1882/2003 of the European Parliament and of the Council (OJ L 284, 31.10.2003, p. 1).

Top

2019, the collection rate should be calculated as a percentage of the weight of EEE placed on the
market in years 2018, 2017 and 2016.
Member States that prefer to demonstrate compliance with the latter collection rate for a reference
year (x) should calculate the weight of the WEEE generated that year (x). So, for the first year that
this target applies, 2019, the collection rate should be calculated as a percentage of the weight of
WEEE generated on the territory of the Member State the same year 2019.
To calculate the weight of EEE placed on the national market and the weight of WEEE generated in
their territory Member States shall apply the methodologies to be established by the Commission
according to Article 7(5).
7.5. Can Member States require that information on all WEEE collected
separately through all routes is reported to them free of charge?
Yes. Article 7(2) requires that Member States gather information on all separately collected WEEE.
Member States collect that information from collection and treatment facilities, distributors and
producers or third parties acting on their behalf. The information should be transmitted to Member
States free of charge. However, significant room for national implementing rules is left to Member
States as regards national systems for data collection.
7.6. Are Member States required to collect information on WEEE collected
through all routes?
Yes. According to Article 16(4), Member States are required to collect information on WEEE collected
through all routes. This means that Member States should adopt measures to involve all actors in
WEEE collection and to receive information on the quantities and categories of WEEE collected
through all routes.
There are significant flows of WEEE outside producer responsibility schemes set up and operated by
producers and it is important that all WEEE separately collected by different routes counts towards
the collection rate. These so called ‘complimentary WEEE flows’ are collected by an array of actors,
ranging from small-scale door-to-door collectors to large-scale scrap dealers and recyclers. The
challenge for Member States is to ensure that these ‘complimentary WEEE flows’ are properly
measured and that all separately collected WEEE undergoes proper treatment.
Given the complexity of WEEE flows, and on the basis of Article 16(4), Member States may opt to
use substantiated estimates of WEEE collected through all routes to demonstrate or to help them
demonstrate the achievement of the collection targets laid down in Article 7(1). Substantiated
estimates have to be supported by independent scientific methodologies and be based as far as
possible on real market data.
18
7.7. Should the collection rate be applied to specific product categories?
No. The collection rate referred to in Article 7(1) does not set individual collection rates for specific
product categories. It refers to the national target to be achieved for WEEE in general and not to
each one of the different WEEE categories.
Article 7(6) states that the Commission shall examine setting possible individual collection rates for
one or more categories set out in Annex III, particularly for temperature exchange equipment,
photovoltaic panels, small equipment, small IT and telecommunication equipment and lamps
containing mercury. By 14 August 2015 the Commission shall present a report on this matter, if
appropriate, accompanied by a legislative proposal.
7.8. How does the collection rate set out in Article 7(1) relate to WEEE
from users other than private households?
Until 31 December 2015 a collection target of at least 4 kilograms on average per inhabitant per year
of WEEE from private households or the same amount of weight of WEEE as was collected in that
Member State on average in the three preceding years, whichever is greater, shall apply.
However, from 2016 onwards the minimum collection rate shall be 45 %, calculated on the basis of
the total weight of WEEE collected in a given year in the Member State concerned and expressed as
a percentage of the average weight of EEE placed on the market in the three preceding years (2013-
2014-2015) in that Member State. This means that from 2016 onwards a single minimum collection
rate applies to the total amount of WEEE, both from private households and from users other than
private households.
8. INFORMATION FOR USERS & INFORMATION FOR
TREATMENT FACILITIES-Articles 14 & 15
8.1. When EEE is marked when it is placed on the market of a Member
State, does this EEE has to be re-marked when it is traded between
Member States?
No. If the manufacturer of the EEE (or anyone cooperating in the supply chain) marked the EEE when
it was placed on the market of a Member State and the EEE is traded to another Member State, the
party responsible for marking the EEE (e.g. producer) in that other Member State shall not be
obliged to re-mark the EEE, since the information requested under Articles 14(4) and 15(2) already
exists on the EEE.
If the manufacturer of the EEE (or anyone cooperating in the supply chain) did not mark the EEE
when it was placed on the market of a Member State and the EEE is traded to another Member
State, the party responsible for marking the EEE in that other Member State shall mark the EEE.
19
9. AUTHORISED REPRESENTATIVE- Article 17
9.1. Do producers have the right to appoint an authorised representative,
instead of being established in a Member State?
Yes. According to Article 17(1,) Member States shall ensure that a producer as defined in article
3(1)(f)(i) to (iii) established in another Member State is allowed, by way of exception to Article
3(1)(f)(i) to (iii), to appoint a legal or natural person established on its territory as the authorised
representative that is responsible for fulfilling the relevant obligations of that producer in its
territory.
To illustrate this, consider the case of a company A established in a Member State (MS1) which sells
EEE to one or more companies (e.g. companies X, Y) in another Member State (MS2). According to
article 17(1), MS2 shall allow company A to appoint an authorised representative responsible for
fulfilling the obligations of company A in MS2. This means that for the quantities that company A
places on the market of MS2, the authorised representative is responsible for fulfilling the relevant
obligations (e.g. registration, reporting to schemes, etc). It also means that the companies X, Y
should not declare these quantities and they do not have any producer obligation concerning these
quantities. If company A does not appoint an authorised representative in MS2, the companies X, Y
(as producers in MS2 according to Article 3(1)(f)(iii)) are the responsible producers in that Member
State.
With regard to producers as defined in Article 3(1)(f)(iv), article 17(2) of the Directive states that the
Member State in which they are established shall ensure that these producers appoint an authorised
representative in the Member State(s) to which they sell EEE by means of distance communication
while not being established in that Member State(s), in order to have somebody ensuring
compliance with their obligations as producers.
Distance sellers in the sense of Article 3(1)(f)(iv) that are established in a third country have to be
registered in the Member State to which they sell EEE. Where such producers are not registered
directly in the Member State that they sell to, they have to be registered through an authorised
representative.
10. INSPECTION AND MONITORING- Article 23
10.1. Does Article 23(2) mean that Member States must impose the criteria
in Annex VI for all shipments of used EEE?
No. On the basis of Article 23(2) Member States are required to apply the requirements of Annex VI
only in cases where there is suspicion that a shipment of used EEE is a shipment of WEEE. The
minimum requirements for shipments should not hinder the legal trade of used equipment. Where
20
there is a suspicion that a shipment is de facto an illegal shipment of waste, Annex VI gives Member
States the legal instrument to clarify the situation(
5
).
For example, suspicion can be raised because of improper packaging of used EEE. Insufficient
packaging for protecting items from damage during transportation, loading and unloading
operations is an indication that an item may be waste. Used EEE that is properly packaged is
therefore unlikely to be suspected to be WEEE.
10.2. Does Article 23(2) also apply to shipments of used EEE between
Member States?
Yes. Article 23(2) applies both to shipments of used EEE from and to the EU as well as to shipments
of used EEE between Member States.
10.3. Can the producer/person responsible for the shipment be charged
with the storage cost even if the used EEE suspected to be WEEE is
proven not to be WEEE?
Yes. Article 23(3) of the Directive allows Member States to charge the costs of appropriate analyses
and inspections and storage to the producer or third parties acting on his behalf or to other persons
arranging the shipment regardless of whether or not the suspected used EEE was proven to be
WEEE.
11. MINIMUM REQUIREMENTS FOR SHIPMENTS — Annex VI
11.1. Is the ‘holder’ of used EEE always the legal owner of this EEE?
No. Annex VI point (1) refers to the ‘holder of the object’ who intends to ship or is shipping used EEE;
Points (1)(c) and (5) of Annex VI refer to the ‘holder who arranges the transport’. The ‘holder of the
object’ is the natural or legal person who is (directly or indirectly) in possession of the used EEE, but
who is not necessarily the legal owner of the used EEE.
11.2. Does the appropriate protection against damage during
transportation, loading and unloading require both sufficient
packaging and appropriate stacking of the load?
Yes. When used EEE is shipped with the intention of re-use it is expected that it is properly protected
through both sufficient packaging and appropriate stacking (similar protection as for transport of
new products).

5
Commission Communication COM(2012)139 Final/11.4.2012
21
11.3. What is the meaning of a ‘warranty’ in the context of Annex VI point
2(a)?
In the context of Annex VI (point 2(a)), a ‘warranty’ can be considered to be either an obligation
under national legislation of producers towards consumers for the lack of conformity of equipment
on the sale of consumer goods, or any written agreement by a seller or producer to repair or replace
equipment if it does not meet the specifications set out in the guarantee statement or in the
relevant advertising.
Warranties include, for instance, the legal and consumer guarantees under Directive 1999/44/EC as
well as warranties provided by manufacturers and sellers in relation to business to business
transactions involving EEE. The term also covers additional contractual undertakings, e.g. extended
warranties, or obligations undertaken in the context of sales, service, maintenance and repair
agreements.
11.4. Does the derogation from the requirements referred to in point 2 of
Annex VI apply when used EEE to be shipped is under a leasing
contract?
According to the definition of WEEE in Article 3(1)(e), EEE becomes WEEE when its holder discards or
intends or is required to discard the EEE. Used EEE under a valid leasing contract and which is
shipped by a person engaged, on a professional basis, in a leasing business, is not WEEE as long as
there is no intention from the holder to discard it. Therefore such EEE is not ‘suspected to be WEEE’,
unless there is another reason to believe that the used EEE is not destined for further use (e.g.
insufficient packaging and unappropriated stacking of the load).
11.5. In which cases does the derogation in Annex VI point 2(b) apply?
Point 2(b) of Annex VI applies to used EEE for professional use sent for refurbishment or repair
under a valid contract with the intention of re-use, sent to
– the producer; or
– a third party acting on behalf of the producer; or
– a third-party facility in countries to which Decision C(2001)107/Final of the OECD Council
concerning the revision of Decision C(92)39/Final on control of transboundary movements of
wastes destined for recovery operations applies.
11.6. What is the purpose of the ‘declaration by the liable person on its
responsibility’? What form shall this declaration take?
The purpose of the ‘declaration by the liable person on its responsibility’ referred to in point 4(b) on
Annex VI is to identify the natural or legal person taking responsibility for the shipment with regard
to the Annex VI requirements. The liable person is the one who has arranged the shipment. The
declaration could be made, for instance, by adding an appropriate text to the declaration required
under Annex VI point 1(c).
22
11.7. Is it necessary to carry all information mentioned in point 5 of Annex
VI in order to prove that an object is used EEE?
No. Shipments of used EEE which are covered by one of the derogations of point 2 do not need to be
accompanied by documentation of point 1(a), 1(b) and point 3. The wording of point 5 of Annex VI
could be misunderstood as additionally calling for documentation that is not required when a
shipment of used EEE is taking place according to one of the derogations of Annex VI point 2.
11.8. Does EEE that is excluded from the scope of the Directive have to
meet the Annex VI requirements when shipped?
No. EEE that is excluded from the scope of the Directive (e.g. defective large-scale stationary
industrial tools and large-scale fixed installations) is not subject to the minimum requirements for
shipments of Annex VI.
23
Appendix
The aim of this appendix is to help illustrate the scope of the Directive.
The Appendix is divided into two parts:
Part 1: Presents a decision tree which can be used by producers to find out if the Directive applies
to their products as well as by national authorities to decide on whether specific equipment
is in scope of the Directive or not.
Part 2: Presents a description of the criteria determining whether or not specific equipment is in
scope of the Directive and provides specific examples.
24
PART 1: Decision tree- How can I find out if the Directive applies to my
product?
To find out if the requirements of the Directive apply to your product follow the decision tree below.
Go through each box. If you can answer YES to criterion 1 and to one of the criteria 2-5 in the first
box the equipment is considered to be an EEE and is, as a point of departure, IN scope of the
Directive. If you can answer NO to all of the criteria in the first box, your equipment is not regulated
by the Directive.
If you can answer YES to one of the criteria A-J in the second box, your equipment is likely to be
excluded from the scope of the Directive. The first three criteria (A, B, C) apply already during the
transitional period while the rest apply from 15 August 2018 onwards. In case of doubt, contact the
national authority in the Member State concerned. If no exclusion criteria apply for your equipment
it is IN scope of the Directive.
Decision Tree
25
PART 2: Description of the criteria determining whether or not specific
equipment is in scope of the Directive- examples
This section of the appendix presents the 15 criteria defining what is in and what is out of scope of
the new WEEE Directive. A purpose of each criterion is given and — where appropriate — examples
of misinterpretation of the criteria are presented. This is done in order to clarify the possible grey
areas of each criterion.
In the first column, the numbers used in this appendix are shown: Inclusion criteria 1-5 and exclusion
criteria A-J. The second column, gives the criteria text from the Directive and the third column,
states the purpose of the criteria (why was it introduced) and examples of misinterpretation. The
reason for introducing the purpose is that while discussing whether EEE is in or out of scope, words
are often interpreted/ understood/ translated differently so that the initial meaning can be lost.
Example: Under the old WEEE Directive 2002/96/EU it became a common ‘rumour’ that professional
equipment within category 6 that is fixed to the wall is considered out of scope. This is however far
from the wording of the Directive, which does not mention ‘fixed’ as an independent criterion to
exclude equipment from scope in general.
Criteria determining EEE falling within the scope of the Directive6
No Criterion Explanation
1
Equipment designed for
use with a voltage
rating not exceeding
1000 Volt for
alternating current and
1500 Volt for direct
current,
Purpose: To exclude equipment where the voltage of the electrical input or
output exceeds the specified and common limits.
Example of misinterpretation:
The exclusion of tools/machinery/equipment where the voltage that appears
inside the equipment exceeds the limits. For example, the electric flyswatter
that short-circuits when a fly hits the wires and briefly releases a high voltage,
despite being powered by two AA batteries.
2
Equipment dependent
on electric currents or
electromagnetic fields
in order to work
properly,
Purpose:
To ensure that equipment that does not need electricity to fulfil its basic
function, (but only requires, for example, a spark to start), is excluded from the
scope of the Directive. Examples are petrol lawn mowers, lighters, gas stoves
with electronic ignition only.
Example of misinterpretation:
The exclusion of equipment that is differentiated through an electric function
(e.g., an electrical toothbrush falls clearly within the scope of the Directive since
it depends on electric currents or electromagnetic fields in order to work
properly and should not be excluded because it can still be used as a simple
toothbrush if electric current or electromagnetic field is off.

6
In any case equipment meeting the definition of EEE falls within the scope of the Directive unless it benefits
from an exclusion on the basis of Article 2 of the Directive
26
3
Equipment for the
generation of electric
currents or
electromagnetic fields,
Purpose:
To ensure that all generators of electricity, designed for use with a voltage
rating not exceeding 1 000 Volt for alternating current and 1 500 Volt for direct
current, are included in the scope of the Directive, including power generators
working by combustion, wind, water, solar or other means of power.
The purpose is not to include an entire power plant, but merely the equipment
for the generation of electric currents or electromagnetic fields.
Example of misinterpretation:
The inclusion into the scope of an entire power plant or the inclusion of a
generator that is covered by any of the exclusions from the scope (e.g.
generator specifically designed and installed as part of another type of
equipment that is excluded or does not fall within the scope of the Directive).
4
Equipment for the
transfer of electric
currents or
electromagnetic fields,
Purpose:
To ensure that all media for the transfer of electric currents or electromagnetic
fields, including wires, cables, transformers and antennas, are included into the
scope as EEE unless they are covered by any of the exclusions from scope..
Example of misinterpretation:
The exclusion of cables and antennas with the argument that they have no
independent function. Their core function is transferring electric currents or
electromagnetic fields.
5
Equipment for the
measurement of
electric currents or
electromagnetic fields,
Purpose:
To ensure inclusion into the scope of equipment for the measurement of
electric currents or electromagnetic fields even if it is not in itself power
consuming, for example a voltmeter.
Example of misinterpretation:
Not identified.
27
Exclusions from the scope of the Directive
A
Equipment which is
necessary for the
protection of the
essential interests of
the security of Member
States including arms,
munitions and war
material intended for
specifically military
purposes.
Purpose:
To ensure that equipment which is necessary for the protection of the essential
interests of the security of Member States (e.g., military intelligence
equipment) and war material for specifically military purposes can be
constructed with otherwise banned constituents and disposed of without
bringing their construction to the knowledge of the public. Thus, it is essential
that the equipment is not commercially available for other users than national
security and military forces and will not follow ordinary waste streams.
Example of misinterpretation:
The exclusion of equipment which is publicly available with the argument that it
is either part of or monitors for example a military weapons stock. An army
green torch and military material where the secrecy of the equipment is not
significant for national security do fall into the scope of the Directive.
B
Equipment which is
specifically designed
and installed as part of
another type of
equipment that is
excluded from or does
not fall within the
scope of this Directive,
which can fulfil its
function only if it is part
of that equipment.
Purpose:
To ensure that equipment designed to be installed as part of another type of
equipment that is either excluded from the scope or does not fall within the
scope of this Directive and does not have an independent functionality of its
own is not covered by the new WEEE Directive.
Examples:
 Equipment designed to be installed as part of a ship or a car which can fulfil
its function only if it is part of a ship or a car and is disposed according to
the legislation for end-of-life vehicles and ships is covered by this exclusion.
Such an example is an integrated radio or a equipment for navigation.
 Equipment designed to be installed as part of a LSFI.
Example of misinterpretation:
To consider that this exclusion also covers equipment with an independent
function on the ground that it may happen to be part of another installation.
For example, it is a mistake to exclude from the scope of the Directive an
integrated refrigerator because it could be considered part of a kitchen
cupboard which is excluded from the scope of the Directive or respectively to
exclude from the scope a normal TV panel that is permanently mounted on a
wall because it could be considered part of the wall.
C
Filament bulbs
Purpose:
To exclude equipment which is already being phased out of the European
market.
Example of misinterpretation:
The exclusion of lamps which are explicitly mentioned in Annex IV of the new
WEEE Directive as in scope.
28
D
Equipment designed to
be sent into space.
Purpose:
To exclude equipment that is not designed to get back to earth.
Example of misinterpretation:
The exclusion of equipment used for the process to control satellites etc., but
never leaves the ground.
The exclusion of equipment originally designed to be sent into space, which has
subsequently found applications on ground.
E
Large-scale stationary
industrial tools
(‘LSSIT’)7
Purpose:
The idea is that large-scale industrial tools/machines that are installed,
maintained, used and removed by professionals should be excluded from the
new WEEE Directive.
Example of misinterpretation:
The exclusion from the scope of any industrial tool.
Only those which meet the definition if LSSIT shall be excluded from the scope
of the Directive.
F
Large-scale fixed
installations, except
any equipment which is
not specifically
designed and installed
as part of these
installations (‘LSFI’)8
Purpose:
The idea is that professional EEE which is of large size and fixed but not an
industrial tool, can be exempted if it fulfils the criteria in the definition of ‘largescale fixed installation’.
In recital 9, oil platforms, airport luggage transport systems and elevators are
mentioned as examples of large-scale fixed installations.
Example of misinterpretation:
To argue that a streetlamp or stadium lamp bolted to a pole or a TV set
mounted on the wall is a fixed installation.
To argue that equipment is out of scope as part of a LSFI even though the
equipment is not specifically designed and installed as part of the installation.

7
Definition of LSSIT according to Article 2(1)(b):‘Large-scale stationary industrial tools’ means a large size assembly of
machines, equipment, and/or components, functioning together for a specific application, permanently installed and deinstalled by professionals at a given place, and used and maintained by professionals in an industrial manufacturing facility
or research and development facility;
8
Definition of LSFI according to Article 2(1)(c):‘large-scale fixed installation’ means a large size combination of several
types of apparatus and, where applicable, other devices, which:
(i) are assembled, installed and de-installed by professionals,
(ii) are intended to be used permanently as part of a building or a structure at a pre-defined and dedicated location, and
(iii) can only be replaced by the same specifically designed equipment.
29
G
Means of transport for
persons or goods,
excluding electric twowheel vehicles which
are not type-approved
Purpose:
To exclude lorries, cars, motorbikes, trains, boats, airplanes and other means of
transport. The intention is to differentiate between means of transport that are
type approved and these that are not type approved.
Example of misinterpretation:
The exclusion of electric toy cars where 1 or 2 children can sit inside. Such a toy
vehicle is regarded as a toy first and foremost and it is not excluded from scope
of the Directive.
The exclusion of an electric bike or an electric roller which is not type-approved.
H
Non-road mobile
machinery made
available exclusively for
professional use9
Purpose:
To exclude electric driven transport equipment and mobile machinery solely
intended for professional use, which while working also moves around.
Examples are forklifts, lawn movers, an electric wheelbarrow, street sweepers
and mobile cranes.
Example of misinterpretation:
The exclusion of a machine designed to mix dough for bread professional
production, with the argument that it can be moved around in the bakery.
The exclusion of a concrete mixer, with the argument that it is moved from one
construction site to another.
The exclusion of a (non-fixed) water pump with the argument that it is not fixed
and therefore mobile. The prerequisite to exclude the pump from scope is that
it has got wheels or similar and while pumping water (working) it is moving
around on these wheels.
I
Equipment specifically
designed solely for the
purposes of research
and development
(R&D) that is only made
available on a business
to business basis.
Purpose:
Some R&D equipment can be so specialised that the producer does not wish to
make its means of construction publicly known. Thus, it is essential that the
equipment is only available for research and development and it is excluded in
order not to place a burden on research, scientific advancement, development
and innovation in the EU.
Example of misinterpretation:
The boundaries between R&D equipment for private households and R&D
equipment for users other than private households can be hard to define. To
argue that equipment is still covered by this exclusion when it has become
more widely available is a misinterpretation of the exclusion.
The exclusion of equipment such as a centrifuge or blood gasses measuring
devices if the equipment is both used for R&D but also for ordinary caretaking
in e.g. hospitals or for education purposes.

9
Definition of ‘Non-road mobile machinery’ according to Article 2(1)(d): ‘Non-road mobile machinery’ means machinery,
with on-board power source, the operation of which requires either mobility or continuous or semi-continuous movement
between a succession of fixed working locations while working;
30
J
Medical devices and in
vitro diagnostic medical
devices, where such
devices are expected to
be infective prior to
end of life, and active
implantable medical
devices10.
Purpose:
To avoid removing electrical equipment from deceased persons.
To avoid that infected equipment ends up in the waste stream, causing risks to
human health.
Example of misinterpretation:
The exclusion of anything having been in contact with body liquids, including,
thermometers, medical reusable equipment, where the infected minor parts of
the equipment (tubes) are disposed each time the equipment is used, whereas
the key equipment may be disinfected.
Example: an automatic insulin control and infusion device consists of a re-use
electric product, a valve through the human skin and a pipe between the
electric device and the valve. The re-use electric product is not expected to be
infected. A misinterpretation would therefore be to exclude the electric control
and infusion device.

10 Definition of ‘Medical device’ according to Article 2(1)(m):‘Medical device’ means a medical device or accessory within
the meaning of, respectively, points (a) or (b) of Article 1(2) of Directive 93/42/EEC of 14 June 1993 concerning medical
devices(24) which is EEE;
Definition of ‘in vitro diagnostic medical device’ according to Article 2(1)(n):‘in vitro diagnostic medical device’ means an
in vitro diagnostic device or accessory within the meaning of, respectively, points (b) or (c) of Article 1(2) of Directive
98/79/EC of the European Parliament and of the Council of 27 October 1998 on in vitro diagnostic medical devices(25)
which is EEE;
Definition of ‘active implantable medical device’ according to Article 2(1)(o): ‘active implantable medical device’ means
an active implantable medical device within the meaning of point © of Article 1(2) of Council Directive 90/385/EEC of 20
June 1990 on the approximation of the laws of the Member States relating to active implantable medical devices(26) which
is EEE.

By |2019-07-23T19:03:56+00:00Juli 23rd, 2019|Categories: News|Kommentare deaktiviert für Directive 2012/19/EU on Waste Electrical and Electronic Equipment (WEEE)

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Waste Electrical & Electronic Equipment (WEEE)

Legislation

  • Directive 2012/19/EU of the European Parliament and of the Council of 4 July 2012 on waste electrical and electronic equipment (WEEE).
  • Further details on the process leading to the adoption of Directive 2012/19/EU are available here.
  • For information on the old WEEE Directive 2002/96/EC which was repealed on 15 February 2014 see here.

Frequently Asked Questions

Secondary legislation:

  • Commission Decision 2004/249/EC of 11 March 2004 concerning a questionnaire for Member States reports on the implementation of Directive 2002/96/EC of the European Parliament and of the Council on waste electrical and electronic equipment (WEEE)
  • Commission Decision 2005/369/EC of 3 May 2005 laying down rules for monitoring compliance of Member States and establishing data formats for the purposes of Directive 2002/96/EC of the European Parliament and of the Council on waste electrical and electronic equipment (notified under document number C(2005) 1355).
  • Council Decision 2004/312/EC and Council Decision 2004/486/EC, as well as acts related to the accession of new Member States, provide for some derogations, limited in time, as concerns the targets set by Directive 2002/96/EC (WEEE), and are listed here.

Environment policies

419/2013

Annettu Helsingissä 14 päivänä kesäkuuta 2013

Ympäristöministeriön asetusvaarallisten aineiden käytön rajoituksista sähkö- ja elektroniikkalaitteissa

Ympäristöministeriön päätöksen mukaisesti säädetään vaarallisten aineiden käytön rajoittamisesta sähkö- ja elektroniikkalaitteissa annetun lain (387/2013) 4 §:n 1 momentin nojalla:

1 §
Vaarallisten aineiden käytön rajoitukset

Markkinoille saatettavat sähkö- ja elektroniikkalaitteet tai niiden korjaamiseen, uudelleenkäyttöön, toimintojen päivitykseen tai kapasiteetin lisäämiseen tarkoitetut liitäntäjohdot ja varaosat eivät saa sisältää lyijyä, elohopeaa, kadmiumia, kuudenarvoista kromia, polybromibifenyyliä (PBB) eikä polybromidifenyylieettereitä (PBDE) siten, että niiden sallitut enimmäispitoisuudet homogeenisessa materiaalissa ylittyvät.

Homogeenisessa materiaalissa olevan lyijyn, elohopean, kuudenarvoisen kromin, polybromibifenyylin (PBB) ja polybromidifenyylieetterin (PBDE) sallittu enimmäispitoisuus on 0,1 painoprosenttia ja kadmiumin sallittu enimmäispitoisuus on 0,01 painoprosenttia.

2 §
Poikkeukset vaarallisten aineiden käytön rajoituksista

Edellä 1 §:ssä säädettyä vaarallisen aineen käytön rajoitusta ei sovelleta liitäntäjohtoon tai varaosaan, joka on tarkoitettu seuraavien laitteiden korjaamiseen, uudelleenkäyttöön, toimintojen päivitykseen tai kapasiteetin lisäämiseen:

1) ennen 1 päivää heinäkuuta 2006 markkinoille saatetut sähkö- ja elektroniikkalaitteet;

2) ennen 22 päivää heinäkuuta 2014 markkinoille saatettavat terveydenhuollon laitteet ja tarvikkeet;

3) ennen 22 päivää heinäkuuta 2016 markkinoille saatettavat in vitro -diagnostiikkaan tarkoitetut terveydenhuollon laitteet;

4) ennen 22 päivää heinäkuuta 2014 markkinoille saatettavat tarkkailu- ja valvontalaitteet;

5) ennen 22 päivää heinäkuuta 2017 markkinoille saatettavat teollisuuden tarkkailu- ja valvontalaitteet;

6) sähkö- ja elektroniikkalaitteet, joille on myönnetty poikkeus direktiivin 2002/95/EY tai 2011/65/EU mukaan ja jotka on saatettu markkinoille ennen poikkeuksen voimassaoloajan päättymistä, juuri tätä tiettyä poikkeusta koskevilta osin.

Edellä 1 §:ssä säädettyä rajoitusta ei myöskään sovelleta:

1) uudelleenkäytettäviin varaosiin, jotka otetaan talteen ennen 1 päivää heinäkuuta 2006 markkinoille saatetuista sähkö- ja elektroniikkalaitteista ja jotka käytetään ennen 1 päivää heinäkuuta 2016 markkinoille saatettavissa laitteissa, jos uudelleenkäyttö tapahtuu tarkastettavissa olevassa yritysten välisessä suljetussa palautusjärjestelmässä ja osien uudelleenkäytöstä ilmoitetaan kuluttajille;

 2) liitteissä I ja II mainittuun laitteeseen tai käyttötarkoitukseen.

3 §
Voimaantulo

Tämä asetus tulee voimaan 20 päivänä kesäkuuta 2013.

Euroopan parlamentin ja neuvoston direktiivi 2011/65/EU (32011L0065); EUVL L 174, 1.7.2011, s. 88
Komission delegoitu direktiivi 2012/50/EU (32012L0050); EUVL L 348, 18.12.2012, s. 16
Komission delegoitu direktiivi 2012/51/EU (32012L0051); EUVL L 348, 18.12.2012, s. 18

  Helsingissä 14 päivänä kesäkuuta 2013

Ympäristöministeri
Ville Niinistö

Neuvotteleva virkamies
Else Peuranen

YMa vaarallisten aineiden käytön rajoituksista sähkö- ja elektroniikkalaitteissa

By |2019-07-23T19:00:44+00:00Juli 23rd, 2019|Categories: News|Kommentare deaktiviert für Environment policies

Regulations: restriction of hazardous substances (RoHS)

Guidance

Regulations: restriction of hazardous substances (RoHS)

Guidance for manufacturers, importers and distributors.

Overview

Many types of energy-consuming products are regulated to control the levels of hazardous substances that they contain. This supports their effective recovery, reuse and recycling.

All products in scope must:

  • have a supporting technical file to show compliance
  • have a Declaration of Conformity
  • be marked appropriately
  • display the CE label

Specific steps must be taken if a product is discovered or suspected to be non-compliant.

The Restriction of the Use of Certain Hazardous Substances in Electrical and Electronic Regulations 2012 (as amended) are the underpinning legislation. On 22 July 2019, they were extended to products outside the scope of the original 2008 regulations and four specified phthalates.

What is covered?

The regulations cover most electrical and electronic equipment (EEE), defined in 10 broad categories. Whether they extend to a particular manufactured item can be a complex issue to resolve, as this depends on its nature and function.

The regulations do not apply to:

  • products for military use or designed to be sent into space
  • products integral to equipment that is out of scope
  • large scale industrial tools and fixed installations
  • photovoltaic (solar) panels produced for permanent use at specific locations
  • means of transport (apart from certain two-wheeled electric vehicles)
  • non-road mobile machinery for professional use
  • products for research and development available on a business-to-business basis
  • active implantable medical devices

Who is responsible for compliance?

Responsibility for compliance is shared by the manufacturer or importer placing the EEE on the UK market and the distributor (including retailers).

How do I comply?

All the components and subassemblies of EEE placed on the UK market must contain less than the maximum prescribed levels of lead, cadmium, mercury, hexavalent chromium, two specified flame retardants, and four specified phthalates.

Manufacturers must verify their EEE is within these limits, and evaluate and self-certify its production controls with reference to the measures detailed in the regulations. A Declaration of Conformity must be completed, supported by a technical file to show compliance. These must be made available to the Office for Product Safety and Standards (Safety & Standards) if requested and retained for 10 years after the EEE is first placed on the UK market.

Individual products must have a type, batch or serial number and show the manufacturer’s name, address and registered trade name or mark. They also need to display the CE label, although in practice this is likely to be already required under other legislation.

Importers must confirm manufacturers have met the regulations for EEE they place on the UK market, retaining copies of the Declaration of Conformity and technical file for 10 years. Individual products must show the importer’s name, address and registered trade name or mark. (If an importer places EEEon the UK market under its own name or trade mark, it has to comply with all the obligations on manufacturers.)

Distributors must ensure that EEE is marked appropriately and displays the CE label. (If a distributor modifies products in a way that might affect their compliance, it has to comply with all the obligations on manufacturers.)

All parties must take specific steps if they know or suspect a product is non-compliant, including:

  • notifying Market Surveillance Authorities (MSAs)
  • informing the supply chain
  • taking remedial action
  • keeping a register of non-conformities

The trigger point for notification is if the economic operator ‘considers or has reason to believe’ that a product does not conform to the regulations. This will vary on a case by case basis and depends on the likelihood of non-compliance given the assessment information available.

Economic operators must communicate detected non-conformities to other economic operators in the supply chain:

  • manufacturers and importers must inform their distributors
  • importers must inform the manufacturer
  • distributors must inform the importer or manufacturer as appropriate

Where an economic operator ‘considers or has reason to believe’ that a product does not conform to the regulations it is required to take action as appropriate to:

  • quarantine the product
  • bring it into conformity (fix the non-conformity)
  • withdraw it (stop it from being made available further down the supply chain, including to end users)
  • recall it (draw it back from end users)

Manufacturers and importers are required to keep a register of non-conformities identified, which must be kept for 10 years.

UK notifications must be submitted to Safety & Standards.

RoHS notifications guidance and form for completion (MS Word Document69.5KB)

Because of their broad scope and the number of products affected, the RoHSRegulations recognise that it may not be technically possible to produce certain products and equipment without limited use of some of the restricted substances.

What is the role of the Office for Product Safety and Standards?

Safety & Standards has been appointed by Defra to enforce the regulations in the UK.

Where can I find out more?

RoHS Regulations 2012

Extension of restrictions on 22 July 2019

RoHS guidance (PDF372KB39 pages)

We are currently in the process of updating this guidance document to reflect a number of changes. Please subscribe to our free email alert service, to keep up to date on the latest developments.

RoHS (European Commission)

This includes a link to the RoHS Directive (2011/65/EC).

If you have a specific enquiry about compliance with the regulations, please use the contact details on our enforcement services page.

Subscribe to our free email alert service to keep up to date on the latest developments concerning the legislation that Safety & Standards enforces.

Published 15 April 2014
Last updated 22 July 2019 

By |2019-07-23T18:59:48+00:00Juli 23rd, 2019|Categories: News|Kommentare deaktiviert für Regulations: restriction of hazardous substances (RoHS)

Heat network metering and billing regulations: compliance and guidance

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Guidance

Heat network metering and billing regulations: compliance and guidance

Complying with the Heat Network (Metering and Billing) Regulations 2014 for heat suppliers.

The Heat Network (Metering and Billing) Regulations 2014 implement the requirements in the Energy Efficiency Directive with respect to the supply of distributed heat, cooling and hot water.

The Energy Efficiency Directive promotes energy efficiency in the EU by laying down rules to overcome challenges in the supply and use of energy.

Scope

To understand whether or not you are affected by the regulations, the Office for Product Safety and Standards (Safety & Standards) has developed a guidance document to help define what is and isn’t in scope.

Heat networks scope guidance: October 2016

This file may not be suitable for users of assistive technology. 

Timetable for compliance

The following are dates where the regulation states that requirements need to be met:

  • from 18 December 2014 the fitting of building level meters on multi-occupancy buildings, where more than one final customer is charged for the heat supplied, is required
  • from 18 December 2014 meters must be fitted for any district heating connection to a newly constructed building or where a major renovation of building on a district heating network
  • from 31 December 2014 heat suppliers must meet the billing requirements or for new builds from when the network commences operation
  • from 31 December 2015 the notification for new build systems must be made on or before it commences operation
  • the date from which final customer meters must be fitted subject to cost-effective tests will be detailed in the amended regulations (see below)

Cost effectiveness tests and plan for amended regulations

The cost effectiveness tool is currently being revised by the Department for Business, Energy and Industrial Strategy (BEIS). Therefore, pending the revision of the tool it is advised that no further assessments should be undertaken.

The remaining requirements in the regulations are unaffected (for example in relation to building-level meters and newly constructed buildings connected to a district heating network and those buildings on district heating networks that undergo a major renovation).

BEIS is working towards launching a public consultation on a revised methodology for assessing the cost effectiveness of metering for district and communal heat networks. Accordingly, Safety & Standards will take a pragmatic approach for any non-compliance with this requirement until a new tool and re-testing date is in place. The consultation will also seek views on some additional areas where the regulations could benefit from clarification following the first three years of implementation.

The Financial Conduct Authority (FCA) has confirmed that it would not be appropriate for them (the FCA) to impose fines or other disciplinary measures in respect of a breach of the requirement within the heat network (metering and billing) regulations 2014 (as amended), that certain heat suppliers must test whether it is cost-effective to fit heat meters in multi-occupancy buildings, and where appropriate, fit them by 31 December 2016.

Furthermore, it is unlikely that the FCA would take other regulatory action (where a heat supplier was separately regulated by the FCA) if the only non-compliance was in relation to the requirement to test for and fit meters where cost effective. As such, it is not considered necessary for a heat supplier to inform the FCA if it has been unable to meet this requirement.

Following the planned public consultation, BEIS intends to launch a new cost effectiveness tool and accompanying regulatory amendments.

Frequently asked questions

Safety & Standards receives a large number of enquiries relating to the Heat Network (Metering and Billing) Regulations 2014 and has summarised some of the most common in the following document.

Frequently asked questions

This file may not be suitable for users of assistive technology. 

Notifications

If you are a supplier of heat, cooling, and/or hot water you must notify Safety & Standards using the updated notification template below. This has been updated to make notifying Safety & Standards easier and quicker.

Heat suppliers should use the process below to notify Safety & Standards of their network(s)

Unless otherwise indicated, every box should be completed.

Notification form

Heat suppliers notification form

This file may not be suitable for users of assistive technology. 

The Heat Metering and Billing Regulations 2014 Notification Data

The Heat Metering and Billing Regulations 2014 require heat suppliers to notify the Secretary of State if they have an existing heat network.

As of November 2016, notifications representing around 17,000 networks have been collected under the requirement. This includes both district heating systems and communal heating. The summary tables provide data on the number of networks reported with a country split, number of final customers by location and building type, heating capacity (kW), generation (kWh) and supplied (kWh) by country for networks that have been quality assured and cooling capacity (kW), generation (kWh) and supplied (kWh) in the UK for networks that have been quality assured.

On 7 December 2017 the Competition and Markets Authority (CMA) issued a mandatory notice under section 174 of the Enterprise Act 2002 to BEIS. This requires BEIS to produce data relating to heat network notifications to the CMA, to support a market study by the CMA into the heat networks sector. On this basis, BEIS has provided the CMA with a copy of the information provided by heat suppliers (including some personal data) as part of the notification process. Any information disclosed to the CMA is governed by the protections offered by Part 9 of the Enterprise Act 2002, the Data Protection Act 1998, and all other applicable information law.

BEIS welcomes the CMA’s announcement of a market study on the heat networks sector and will support the CMA in its evidence gathering. The study will contribute to developing our understanding of the market and any potential issues affecting heat networks customers. More information on the CMA and the market study can be found on the CMA case page.

The Heat Metering and Billing Regulations 2014 Notification Data

This file may not be suitable for users of assistive technology. 

Heat estimator tool and guidance

Safety & Standards has developed guidance to assist heat suppliers in providing information as part of the notification.

An associated spreadsheet, the Heat Estimator, has been created to further aid calculations. Each worksheet in the Heat Estimator corresponds to the numbered methods described in the guidance. The data worksheet is left visible so users can understand which values are being used.

Heat estimator tool. January 2016

This file may not be suitable for users of assistive technology. 

Guidance to heat estimator tool. January 2016

This file may not be suitable for users of assistive technology. 

Scotland only requirement

If the majority of your final customers are in Scotland you will also have to declare the Unique Property Reference Number (UPRN) of every final customer on the network. Scottish UPRNs can be found on the One Scotland Gazetteer. A UPRN spreadsheet is available on the second sheet of the notifications template or stand-alone here: UPRN table UPRN input sheet. Scotland only (MS Excel Spreadsheet932KB. Please complete one UPRNsheet per network.

Returning completed notifications

Once you have completed the notification template please return either by email to heatnotifications@beis.gov.uk or by post to:

Office for Product Safety and Standards
Heat Network Notification
Victoria Square House
Victoria Square
Birmingham
B2 4AJ

The deadline for notifying Safety & Standards for the first time was 31st December 2015.

Heat suppliers must submit an updated notification for every four year period following first notification.

If you submitted a notification for a network in 2015, you must re-submit a notification for the network in 2019 using this form.

There is no requirement to re-notify due to a change of heat supplier, technology type or ownership prior to the four year period following the previous notification.

The sections on the notification form on cost effectiveness do not need to be completed but the remaining notification requirements still apply.

Heat suppliers must submit an updated notification for every four year period following first notification. There is no requirement to re-notify for a change of heat supplier.

Legislation

The requirements of the Energy Efficiency Directive with respect to the supply of distributed heat, cooling and hot water is part of UK law under the Heat Network (Metering and Billing) Regulations 2014 as amended by the Heat Network (Metering and Billing) (Amendment) Regulations 2015.

The European Commission has produced a guidance document to help explain the heat networks legislation.

Subscribe to our free email alert service to keep up to date on the latest developments concerning the legislation that Safety & Standards enforces.

Published 4 December 2014
Last updated 27 June 2019 

By |2019-07-23T18:58:29+00:00Juli 23rd, 2019|Categories: News|Kommentare deaktiviert für Heat network metering and billing regulations: compliance and guidance

What we enforce

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Guidance

National regulation: enforcement services

How the Office for Product Safety and Standards contributes to the national regulatory landscape.

The Office for Product Safety and Standards (Safety & Standards) provides enforcement services on behalf of government departments including BEISDefra and DfT.

We are working towards providing a regulatory environment in which businesses have the confidence to invest and grow and citizens and communities are properly protected. We do this by taking a risk-based and proportionate approach to our enforcement activities and by operating under the The Regulators’ Code.

What we enforce

Compliance and guidance on the following areas of legislation can be found on the following links:

Access and benefit sharing of genetic resources

Alternative fuels infrastructure

Batteries and accumulators (placing on the market) regulations

Waste batteries takeback

Ecodesign of energy related products regulations

End of life vehicles regulations

Energy information regulations

European Union timber regulation

Forest law enforcement, governance and trade licensing

Heat network metering and billing regulations

Noise emission in the environment by equipment for use outdoors regulations

RoHS regulations

WEEE regulations

Guidance for businesses we regulate

These four documents define what you can expect from us, specify our approach to dealing with non-compliance, explain how you can complain or comment about our service, and clarify your statutory and non-statutory rights to challenge or appeal our regulatory actions or decisions.

Safety & Standards enforcement: service standards

Safety & Standards enforcement: enforcement policy

Safety & Standards: complaints policy

Safety & Standards enforcement: challenges and appeals guidance

An overview of what we do is also provided in our Enforcement service: summary (PDF185KB2 pages.

Non-qualifying regulatory provisions

The Regulatory Policy Committee has confirmed that none of the measures or activities of Safety & Standards presented in the following summaries should be considered as qualifying regulatory provisions for the purposes of the Business Impact Target.

Summary of non-qualifying regulatory provisions 2018-19 (PDF190KB3 pages)

Summary of non-qualifying regulatory provisions 2017-18 (PDF188KB3 pages)

Contact us

Safety & Standards publishes a range of information and guidance on the legislation that we are responsible for enforcing. If you have a specific enquiry about compliance we recommend that you complete the online enquiry form, choose the relevant legislation and follow the on screen instructions.

Alternatively you can contact the Safety & Standards helpdesk on 0121 345 1218.

It is open:

  • Monday to Thursday 09:00 to 17:00
  • Friday 09:00 to 16:00

Or in writing to:

Office for Product Safety and Standards
Lower Ground Floor
Victoria Square House
Victoria Square
Birmingham
B2 4AJ

Free email alert service

Subscribe to our free email alert service to keep up to date on the latest developments concerning the legislation that Safety & Standards enforces.

Published 20 September 2016
Last updated 10 October 2017 

 

By |2019-07-23T18:58:25+00:00Juli 23rd, 2019|Categories: Sonstiges|Kommentare deaktiviert für What we enforce

GOV.UK uses cookies to make the site simpler.

 

Guidance

National regulation: enforcement services

How the Office for Product Safety and Standards contributes to the national regulatory landscape.

The Office for Product Safety and Standards (Safety & Standards) provides enforcement services on behalf of government departments including BEISDefra and DfT.

We are working towards providing a regulatory environment in which businesses have the confidence to invest and grow and citizens and communities are properly protected. We do this by taking a risk-based and proportionate approach to our enforcement activities and by operating under the The Regulators’ Code.

What we enforce

Compliance and guidance on the following areas of legislation can be found on the following links:

Access and benefit sharing of genetic resources

Alternative fuels infrastructure

Batteries and accumulators (placing on the market) regulations

Waste batteries takeback

Ecodesign of energy related products regulations

End of life vehicles regulations

Energy information regulations

European Union timber regulation

Forest law enforcement, governance and trade licensing

Heat network metering and billing regulations

Noise emission in the environment by equipment for use outdoors regulations

RoHS regulations

WEEE regulations

Guidance for businesses we regulate

These four documents define what you can expect from us, specify our approach to dealing with non-compliance, explain how you can complain or comment about our service, and clarify your statutory and non-statutory rights to challenge or appeal our regulatory actions or decisions.

Safety & Standards enforcement: service standards

Safety & Standards enforcement: enforcement policy

Safety & Standards: complaints policy

Safety & Standards enforcement: challenges and appeals guidance

An overview of what we do is also provided in our Enforcement service: summary (PDF185KB2 pages.

Non-qualifying regulatory provisions

The Regulatory Policy Committee has confirmed that none of the measures or activities of Safety & Standards presented in the following summaries should be considered as qualifying regulatory provisions for the purposes of the Business Impact Target.

Summary of non-qualifying regulatory provisions 2018-19 (PDF190KB3 pages)

Summary of non-qualifying regulatory provisions 2017-18 (PDF188KB3 pages)

Contact us

Safety & Standards publishes a range of information and guidance on the legislation that we are responsible for enforcing. If you have a specific enquiry about compliance we recommend that you complete the online enquiry form, choose the relevant legislation and follow the on screen instructions.

Alternatively you can contact the Safety & Standards helpdesk on 0121 345 1218.

It is open:

  • Monday to Thursday 09:00 to 17:00
  • Friday 09:00 to 16:00

Or in writing to:

Office for Product Safety and Standards
Lower Ground Floor
Victoria Square House
Victoria Square
Birmingham
B2 4AJ

Free email alert service

Subscribe to our free email alert service to keep up to date on the latest developments concerning the legislation that Safety & Standards enforces.

Published 20 September 2016
Last updated 10 October 2017 

 

By |2019-07-23T18:56:57+00:00Juli 23rd, 2019|Categories: News|Kommentare deaktiviert für GOV.UK uses cookies to make the site simpler.

National regulation: enforcement services

 

Guidance

National regulation: enforcement services

How the Office for Product Safety and Standards contributes to the national regulatory landscape.

The Office for Product Safety and Standards (Safety & Standards) provides enforcement services on behalf of government departments including BEISDefra and DfT.

We are working towards providing a regulatory environment in which businesses have the confidence to invest and grow and citizens and communities are properly protected. We do this by taking a risk-based and proportionate approach to our enforcement activities and by operating under the The Regulators’ Code.

What we enforce

Compliance and guidance on the following areas of legislation can be found on the following links:

Access and benefit sharing of genetic resources

Alternative fuels infrastructure

Batteries and accumulators (placing on the market) regulations

Waste batteries takeback

Ecodesign of energy related products regulations

End of life vehicles regulations

Energy information regulations

European Union timber regulation

Forest law enforcement, governance and trade licensing

Heat network metering and billing regulations

Noise emission in the environment by equipment for use outdoors regulations

RoHS regulations

WEEE regulations

Guidance for businesses we regulate

These four documents define what you can expect from us, specify our approach to dealing with non-compliance, explain how you can complain or comment about our service, and clarify your statutory and non-statutory rights to challenge or appeal our regulatory actions or decisions.

Safety & Standards enforcement: service standards

Safety & Standards enforcement: enforcement policy

Safety & Standards: complaints policy

Safety & Standards enforcement: challenges and appeals guidance

An overview of what we do is also provided in our Enforcement service: summary (PDF185KB2 pages.

Non-qualifying regulatory provisions

The Regulatory Policy Committee has confirmed that none of the measures or activities of Safety & Standards presented in the following summaries should be considered as qualifying regulatory provisions for the purposes of the Business Impact Target.

Summary of non-qualifying regulatory provisions 2018-19 (PDF190KB3 pages)

Summary of non-qualifying regulatory provisions 2017-18 (PDF188KB3 pages)

Contact us

Safety & Standards publishes a range of information and guidance on the legislation that we are responsible for enforcing. If you have a specific enquiry about compliance we recommend that you complete the online enquiry form, choose the relevant legislation and follow the on screen instructions.

Alternatively you can contact the Safety & Standards helpdesk on 0121 345 1218.

It is open:

  • Monday to Thursday 09:00 to 17:00
  • Friday 09:00 to 16:00

Or in writing to:

Office for Product Safety and Standards
Lower Ground Floor
Victoria Square House
Victoria Square
Birmingham
B2 4AJ

Free email alert service

Subscribe to our free email alert service to keep up to date on the latest developments concerning the legislation that Safety & Standards enforces.

Published 20 September 2016
Last updated 10 October 2017 

 

By |2019-07-23T18:57:12+00:00Juli 23rd, 2019|Categories: News|Kommentare deaktiviert für National regulation: enforcement services