WEEE Frequently Asked Questions
The WEEE Directive was officially published on 13 February 2003, and EU Member States were required to transpose it into national law by 13 August 2004. This FAQ is intended to assist national authorities of Member States in interpreting the WEEE Directive. It also serves as a reference for industry in Member States to comply with national laws transposed from the Directive.
This FAQ reflects the views of the European Commission but is not legally binding. Only interpretations of EU law by the European Court of Justice are binding and must be followed. In the future, this FAQ will be periodically updated or revised according to the implementation status in Member States and developments in EU waste management policy.
A.
The WEEE Directive is based on Article 175 of the Treaty. Member States may adopt stricter environmental protection measures, provided that they comply with the principles of EU law. Annex IA of the WEEE Directive lists ten categories of electrical and electronic equipment, while Annex IB provides detailed product examples within these categories. The primary objective of the WEEE Directive is to prevent environmental pollution caused by hazardous substances in waste electrical and electronic equipment and to promote reuse and recycling in order to reduce waste..
A.
The criteria for determining whether equipment falls under the RoHS scope are as follows:
- Equipment that depends on electric currents or electromagnetic fields to function properly, or is used to generate, transmit, or measure such currents or fields.
- Equipment designed for use with a voltage rating not exceeding 1000V AC or 1500V DC.
- Equipment listed in WEEE Directive - Annex IA , noted that Category 6 does not include large-scale stationary industrial tools.
- Electrical and electronic equipment listed in Annex IB, which falls within the ten categories defined in Annex IA.
- Equipment that is not integrated into electrical and electronic equipment listed in Annex IA.
- Equipment not covered by specific EU waste management legislation.
- Equipment not intended for military purposes.
A.
The FAQ provides criteria for determining whether a product falls within the scope of WEEE and RoHS, but it is not a classification standard. It is intended to assist producers in their assessment. Ultimately, the responsibility for determining whether a product falls within the scope lies with the producer, who is best positioned to evaluate its characteristics. If in doubt, producers may consult the competent national authorities responsible for implementing national law. * Based on the legal framework of the WEEE Directive, Member States may add additional product categories when transposing the Directive into national law in order to enhance environmental protection.
A.
The WEEE Directive covers both household and non-household equipment. Financial provisions for household WEEE are set out in Article 8, while Article 9 covers non-household WEEE. In addition, Article 10(3) on labelling obligations is not limited to household equipment, as in some cases it is difficult to distinguish between household and non-household equipment. Therefore, labelling requirements also apply to non-household electrical and electronic equipment.
A.
The Battery Directive has similar substance restrictions as the RoHS Directive. RoHS restricts six hazardous substances in electrical and electronic equipment but does not apply to batteries, while the Battery Directive restricts mercury and cadmium in batteries. Batteries integrated into WEEE are collected under the WEEE Directive but must be removed before treatment. Their treatment must comply with the Battery Directive and contribute to its recycling targets.
A.
According to the definition of electrical and electronic equipment, printers fall under Category 3 of Annex IB, “IT and telecommunications equipment,” and are therefore classified as EEE. When a printer is discarded, it becomes WEEE. Accordingly, if an ink cartridge is attached to a discarded printer, it is considered part of the WEEE once the printer is disposed of.
A.
RFID systems meet the definition of electrical and electronic equipment under the RoHS and WEEE Directives and fall under Category 3, "IT and telecommunications equipment," and are therefore within the RoHS scope. Under WEEE, if RFIDs are attached to product packaging, they are excluded since packaging is not covered by the Directive. However, if RFIDs are attached to equipment, the producer is responsible for collection and recycling obligations.
A.
Antennas and cables fall under the definition of EEE in the RoHS and WEEE Directives. Internal cables and connectors in EEE are considered WEEE when the equipment is discarded. However, cables used in fixed installations are not covered. Antenna masts and high-voltage transmission towers do not meet the definition of EEE. Products integrated into fixed installations are not considered WEEE. On the other hand, modular cable systems used in audio, data, and video equipment fall under Category 3 (IT and telecommunications equipment) and are also within the RoHS scope.
A.
Category 8 of the WEEE Directive covers medical devices (excluding infected products). “Infected products” refer to products that have been in contact with blood or other biological contaminants before disposal.
A.
“Electronic game machines” are listed in Category 7 of Annex IB: toys, leisure and sports equipment, and refer to hardware devices. Hardware falls under the definition of EEE in the WEEE Directive. However, software products (e.g., cards, CD-ROMs) do not fall under the definition of EEE and are considered consumables.
A.
Recycling targets under Article 7 of the WEEE Directive may be achieved through recovery, recycling, and reuse of components, materials, or substances. Reuse of entire equipment does not count toward recycling targets, but reuse of components does.
A.
Articles 6 and Annex II of the WEEE Directive set out requirements for the treatment of waste electrical and electronic equipment. To comply with Directive 75/442/EEC, treatment must include at least the removal of all fluids and the treatment of materials and components listed for selective treatment in Annex II.
— In the event of any discrepancy, please refer to the original source. —