Scope of WEEE and RoHS Directives

This newsletter offers a general overview, and for specific requirement (with the exception of batteries) we recommend you contact a specialist company, eg item 5 - financing, insolvency-proof guarantees etc.

At time of print, Of the 25 member countries France, Spain, Italy, UK, Latvia, Lithuania, Luxemburg, Malta, Slovakia and Ireland are not fully compliant.

1 Abbreviations
2 Why WEEE
3 Products and exemptions
4 Requirements of Member countries & retailers
5 Producers responsibilities
6 WEEE Collections
7 RoHS latest situation Batteries

1 - Waste Electrical & Electronics Equipment (WEEE) Directive  2002-96-EC & Restriction of the use of certain Hazardous Substances in electrical and electronic equipment (RoHS) Directive 2002-95-EC Both came into effect February 2003.

2 - WEEE – To stop the rapid increase of WEEE that ends up in Landfill sites, to reduce the pollution of untreated WEEE, to preserve recources, to encourage recycling throughout the product life cycle.

3 - It covers large and small household appliances, IT, Telecoms, Consumer, and Lighting equipment. Tools, Toys, Medical devices, monitoring and control instruments and automatic dispensers. 10 in all. Outside the scope are industrial installations, integrated systems, military equipment, business video and recording equipment, electric pianos/organs & large stationery equipment.

4 - By 13-08-2005 Each member state must set up collection facilities so that the products covered in the directive from private households can be returned free of charge. Shop & retailers must accept an old product when a new replacement is purchased, the retailer can then take it to the WEEE collection site. By 31-12-2006 collection equivalent to 4kgs per inhabitant per year must be achieved.

5 - Producer is someone who manufacturers and sells, resells under their brand, or imports /exports as a trading company into a member country EEE products. By 13-08-2005 Have available a collection system to recover and treat separately collected WEEE.

By 31-12-2006 Achieve recycling and recovery rates of 50 – 80% by average weight of appliance according to the category of appliance. For specific financing of WEEE by producers please consult specialists for the products you produce, such things as market share for historic WEEE and future market share will determine this value.  Finance arrangements (through  eg banks) for collection transport and treatment are compulsory. Once the producer investigates this issue they will be informed of actions for future financing eg. for Germany EAR (Elktroaltgerateregister) refer specific article of WEEE. Possibly join a co-operative with other producers of similar products.

6 - There are five categories or “pots” – large household appliances & automatic dispensers. IT and Telecommunication equipment, consumer equipment – audio / video etc. Cooling appliances. Gas discharge lamps. Small household appliances –lights, electrical/electronic tools, toys, leisure & sports equipment, medical equipment, monitoring and control instruments.

7 - Please refer to extracts “Scope of WEEE & RoHS Directive

Article 2 of RoHS covers same types of EEE as the WEEE Directive. It does not mention batteries under the component/consumables section so Batteries are not covered by the RoHS Directive. Regarding rechargeable batteries containing Lead or Cadmium these can be used in EEE after 01-07-2006.

Providing the substance limits currently defined are:-

Lead 1000 ppm weight in homogenous materials
Mercury 1000 ppm weight in homogenous materials
Cadmium 100 ppm weight in homogenous materials
Hexavalent Chromium 1000 ppm weight in homogenous materials
Polybrominated bipheryls (PBB) 1000 ppm weight in homogenous materials         Polybromised diphenyl ethers (PBDE) 1000 ppm weight in homogenous materials

N.B. At time of print The Technical Adaptation Committee (TAC) have not finally defined these values yet.

The  Relationship Explained…

“The impact of the WEEE and RoHS Directives on the collection of spent rechargeable batteries” The RoHS Directive provides for a restriction on the use of certain hazardous substances in EEE.

Under its Article 4 (1), Member States must ensure that:

• From 01/07/2006 new equipment placed on the market

• Does not contain lead, mercury, cadmium, hexavalent chromium, polybrominated biphenyls (PBB) or polybrominated diphenyl ethers (PBDE).

• Exemptions to Art. 4 (1) are laid down in Art. 4 (2) and the Annex.

• New maximum concentration values, further exemptions and further new substances can be defined following a Technical Adaptation Committee (TAC) procedure, Art. 5 (7).

• MS shall transpose the WEEE and RoHS Directives into national legislation before 13/08/2004, Art 17 (1) WEEE, 9 (1) RoHS.

WEEE Directive

The WEEE Directive covers spent rechargeable batteries, provided that they are part of separately collected WEEE.

Article 3 (a) and Annex IA defines the types of electrical and electronic equipment (EEE) that are covered by the Directives provisions and which cover a wide range of equipment that will typically contain the use of batteries.

• Article 3 (b) defines waste from EEE as:

“(…) waste (…), including all components, sub-assemblies and consumables which are part of the product at the time of discarding (…)”

• The Directives scope therefore goes beyond the equipment itself, covering also components and consumables, such as batteries.

• Article 5 of the WEEE Directive provides for the separate collection of WEEE.

• Article 6 and Annex II (1.3) of the WEEE Directive requires the removal of batteries from any separately collected WEEE.

• After removal, batteries will then continue to be governed by the provisions of the Battery Directive 91/157/EEC.

• The collection requirements contained in Battery Directive 91/157/EEC will remain in place.

• The WEEE Directive does not supersede but complement the Battery Directive (insofar as batteries are concerned).

Article 2 (2) of the WEEE Directive:

“This Directive shall apply without prejudice to (…) specific Community waste management legislation.”

“Whereas” or Recital Clause Number 10 of the WEEE Directive:

“This Directive should cover all electrical and electronic equipment (…).

This Directive should apply without prejudice to (…) specific Community waste management legislation, in particular Council Directive 91/157/EEC of 18 March 1991 on batteries and accumulators (…).”

“Whereas” or Recital Clause Number 11 of the WEEE Directive:

“Directive 91/157/EEC needs to be reviewed as soon as possible, particularly in the light of this Directive”.

Conclusions:

• The WEEE Directive applies to all spent batteries collected together with WEEE.

• The WEEE Directive requires the removal and separate collection of spent batteries from any separately collected WEEE.

• Once removed from WEEE, spent batteries are governed by the Battery Directive 91/157/EEC.

The RoHS Directive could cover spent rechargeable batteries, provided that the RoHS Directive refers to batteries.

According to its Article 2, the RoHS Directive covers the same types of EEE as WEEE Directive.

However, it does not refer to components, sub-assemblies and consumables, such as batteries, which are, therefore, not covered by the RoHS Directive.

Relationship between the RoHS and the Battery Directive

• The RoHS Directive does not supersede the Batteries Directive, 91/157/EEC,

• And therefore does not introduce any further marketing restrictions on batteries other than those already included in the Battery Directive (i.e. on certain battery types containing Mercury defined in Directive 98/101/EC).

Article 2 (2) of the RoHS Directive:

“This Directive shall apply without prejudice to (…) specific Community waste management legislation.” 

“Whereas” or Recital Clause Number 9 of the RoHS Directive:

Article 9 of the Battery Directive 91/157/EEC:

“Member States may not impede, prohibit or restrict the marketing of batteries and accumulators covered by this Directive and conforming to the provisions laid down herein.”

Under current legislation, rechargeable batteries containing lead or cadmium can be used in EEE after 01/07/2006.

Final Conclusions:

• The WEEE Directive applies to all spent batteries collected together with WEEE and requires their removal and separate collection.

• This applies to individual cells, battery packs and/or batteries soldered, welded or otherwise permanently attached to terminals.

• Once removed from WEEE, the Battery Directive governs spent rechargeable batteries, particularly the collection requires contained in Battery Directive 91/157/EEC.

Disclaimer:

This information is taken from extracts from reliable sources and is supplied in good faith purely as a guide and in a format that is easy to read. The purpose is to try and attempt to explain the confusion surrounding the WEEE Directive, Battery & Accumulators Directive and the New Battery Directive and RoSH Directive.

REBATT cannot accept any responsibility for any legal misrepresentations and actions taken as a result of not fully understanding your legal obligations and Duty of Care Requirements as part of your Company Policies.