GEN – 932.00. Orgalime has prepared a practical guide to the understanding of the scope and obligations of the WEEE Directive. As of 15 August, an “open scope” applies unless products are explicitly excluded. Because WEEE must be transposed by the Member States some variations may apply depending on the country.
Open scope applicable from 15 August 2015
The first WEEE Directive 2002/96 came into force in 2003. It provided for the creation of collection schemes where consumers return their WEEE free of charge. The national transpositions focussed mainly on consumer goods, but some already made a provision for larger equipment. This Directive was supplemented by a Frequently Asked Questions (FAQ) document that evolved over time. In the FAQ, reference was made to the Directive on the Restriction of Hazardous Substances (RoHS) and its FAQ.
The WEEE Directive 2012/19 (also known as WEEE II) was published on 4 July 2012 and a transitional period applies from 13 August 2012 to 14 August 2018.
The transitional period ends, and on 15 August 2015 the open scope applies. Many products produced by manufacturers fall within the open scope (e.g. large cooling, ventilation, air conditioning equipment). In many cases “Large-scale fixed installations” fall or may not fall within the scope. The FAQ give some guidance for the interpretation.
The Orgalime guide introduces WEEE and the FAQ. It goes a bit further by providing interpretations, criteria and decision trees to help manufacturers determine if their products fall within the scope of WEEE. The Orgalime document, as is the FAQ, is not legally binding but it is by far the best and most easy to read document available.
Note that the WEEE is transposed by the Member States. The Orgalime guide provides the contacts of the national and/or regional authorities that have transposed the WEEE, a link to the applicable national and/or regional legislation, product registers and recovery schemes. Because of the transpositions, there are variations in the implementation.
Manufacturers are strongly recommended to read the Orgalime guide and check if their products would be impacted by the open scope and to verify the implementation of the WEEE in the countries where they are active.
Related documents and links
All related documents and articles can be found in the respective sections in the right sidebar.
- GEN – 932.01 – Orgalime guide to WEEE
- DG ENVI WEEE website: http://ec.europa.eu/environment/waste/weee/index_en.htm
- DG ENVI RoHS website: http://ec.europa.eu/environment/waste/rohs_eee/index_en.htm
- GEN – 767 – Update on WEEE
- GEN – 746 – Calculation method and placing on the market
- GEN – 677 – Update on WEEE, reminder 15 August 2018
It may interest members that many Orgalime guides may be downloaded after registration on the Orgalime website: https://publications.orgalime.org/index.php/mainpage/en/
Amongst the guides on the Orgalime website the following may prove useful:
- A practical guide to understanding the scope and obligations of Directive 2012/19/EU on Waste Electrical and Electronic Equipment (WEEE), June 2018(= GEN 932.01)
- Guide of Interpretation: Gas Appliances Regulation (EU) 2016/426
- An Updated Practical Guide to Understanding the Specific Requirements of the Construction Products Regulation
- A Practical Guide to Understanding the Specific Requirements of CPR
- Pressure Equipment Directive – Orgalime Guide, May 1999, updated April 2008
- WEEE & RoHS Scope Guide, January 2006