1. Overview of WEEE & RoHS Directives
Michael Biggs
Hager
BEAMA MEMBER
HAGER CHAIR WORKING GROUP ON
WEEE & RoHS

2. Why we know about WEEE & RoHS
BEAMA sits on all relevant UK Govt working groups on both Directives
BEAMA is a key member of ORGALINE
The European association for the electrical and mechanical industries
The main liaison group with the European Commission including on WEEE and RoHS

3. What we will cover today
The technical background
Timescales
Scope clarification
Implications for buyers

4. Overview of WEEE & RoHS Directives
Why two directives?
Legal bases
Scopes
Implementation
Role of Orgalime

5. WEEE & ROHS - legal bases
WEEE directive is under article 175
Article 175 directives specify minimum requirements.
This gives the member states the possibility to go further in their own WEEE implementing legislation.
Producer/putting on the market – national context
RoHS directive is an article 95.
Article 95 requires same transposition across EU
Intent of Article 95 is to avoid RoHS material bans being applied differently.
Freedom to add to the WEEE scope does not extend to RoHS
Putting on the market – EU context

6. WEEE - what is covered?
10 main categories: large household appliances; small household appliances; IT and telecoms; consumer equipment; lighting equipment (not household luminaires or filament light bulbs); electrical & electronic tools; toys, leisure & sports equipment; medical devices, monitoring and control instruments; and automatic dispensers.
Equipment which is part of another type of equipment not covered by the directive is not itself in the scope.
Components are not in the WEEED in their own right (only insofar as they are part of an equipment which is in, and are still attached when discarded.)

7. RoHS - what is covered? All products in the WEEE Directive .
Except medical equipment and monitoring and control equipment.
Household luminaires & light bulbs are included.
Otherwise, equipment not in the scope of WEEE is not in the scope of RoHS* either
(*in the view of the Commission, UK Govt and several other member states.)

8. RoHS implementation
From 1 July 2006 producers cannot put on the EU market products falling in WEEE-scope categories 1,2,3,4, 5,6,7 and 10, plus domestic luminaires and light bulbs, which contain more than 0.1% by weight in homogenous materials, of: lead, mercury, hexavalent chromium, PBBs and PBDEs, and 0.01% of cadmium.
There are some exempted applications of these substances, and requests for others.
Categories 8 & 9 are not out of the scope indefinitely.
NWML is the Govt-appointed enforcer.

9. RoHS – what is not required
Declarations of conformity are not required.
Materials declarations are not required .
Marking to indicate compliance is not required.
The WEEE’s wheelie bin is not a RoHS compliance mark.
Products which do not fall under RoHS do not have to meet its limits, nor do their component parts.
It is completely legal to buy and sell such products & components.
The responsibility for the product’s compliance with RoHS lies with the final product’s producer.
The component supplier is not responsible for checking what his component is being purchased for.

10. WEEE - Draft Requirements for producers
Producers must join/be a scheme
Get a registration number via scheme
Provide registration number to distributors at time of sale
Wheelie bin, producer and date mark all in-scope WEEE
Report B2C & B2B sales data separately
May handle B2C and B2B responsibilities separately
Provide product information
Keep records for 6 years
May show visible fee.
Envt Agencies are Govt-appointed enforcers

11. WEEE – Draft UK Timetable for producers
Issued for consultation 25 July 06 (closes 17 Oct)
Laid before Parliament Dec 06
Entry into force 1 January 07
Join approved compliance scheme by 15 March 07
Product marking/infn available from 1 April 07
Provide registration number from 1 July 07
Full producer obligations (B2B) from 1 April 07
Full producer obligations (B2C) from 1 July 07
B2C take-back from 1 July 07

12. ORGALIME
Orgalime, the European Engineering Industries Association, represents 3 industrial branches (metal-working, mechanical engineering and electrical engineering) that manufacture over 27% of total EU manufacturing output (initial estimates put the industry's output at 1575 billion euro in 2005).
Orgalime has 34 member trade federations in 23 European countries. The industry represents more than one quarter of the output and a third of the exports of the EU's manufacturing industries. It is the largest manufacturing sector in Europe, and the largest industrial employer in the EU25, providing some 10 million jobs.

13. WEEE & RoHS - clarification of scopes
Directives set out broad scopes
indicative lists
no comprehensive lists
some grey areas
Manufacturer’s decision
- must show due diligence
must work with other manufacturers
preferably at EU level

14. WEEE & RoHS - clarification of scopes
By working together
mfr agreement at product group level
advice from DTI
Commission’s FAQs
liaison with other EU mfrs through
Sector Committees, and
Orgalime WEEE task force
Our industry achieved
cross-border product agreement
Resulting in
cross-border/cross sector mfr guidance

16. Notes

17. Example: Orgalime clarification of scopes

18. Implications for buyers UK Govt Position
Exact guidance on the RoHS directive can be given now – it is implemented in the UK
Exact guidance on the WEEE directive cannot be given now – it has NOT been implemented in the UK
Therefore BEAMA and it’s members cannot give any guaranteed positions until the legislation is published
Therefore advice given today on those product sectors that the industry believes to be in or out of scope are based on discussions thus far
There are some clear guidelines published in the recent UK consultation, but this is under discussion with the Commission

19. Implications for buyers
However….
BEAMA expects that the majority of sectors within the BEAMA membership will conclude that they are out of scope
Based on the definition of a fixed installation
Some sectors probably will be considered to be in scope
Some will definitely be in scope

20. Implications for buyers Conclusions RoHS
The legislation is in force
The producers are responsible for compliance
BEAMA members are all briefed on how to comply
Some product sectors outside the scope are choosing to meet the RoHS limits

21. Implications for buyers Conclusions WEEE
The decision on products being in or out of scope is with the company that places the product on the market ie not the wholesaler, distributor or installer
But if a wholesaler has own brands they become responsible
In these cases we recommend that the company contacts the relevant trade bodies for the product sector to gauge opinions of other producers
If considered in scope the relevant compliance schemes are already in place

22. Thank you for your attention.