Exemptions from the Waste Electrical and Electronic Equipment (WEEE) Directive

What Is WEEE?

WEEE, Waste Electrical and Electronic Equipment Regulation, is an EU directive that aims to improve the collection, treatment, and recycling processes of electronic and electrical equipment (EEE) that is no longer in use. Manufacturers of EEE must be compliant with WEEE.

The WEEE directive was created to address the negative environmental and human health impacts caused by waste electrical and electronic equipment (WEEE), also known as e-waste, and to encourage proper recycling and re-use of EEE. 

Since WEEE’s creation in 2002, the directive has been updated to expand its scope.

Original WEEE Directive – The original directive, Directive 2002/96/EU, includes requirements companies must follow to comply with WEEE, and includes eleven categories of EEE regulated under WEEE.

WEEE Recast – The directive was updated in 2012, when Directive 2012/19/EU recategorized EEE into six categories

2018 Expansion – The scope of products regulated under WEEE was expanded in 2018 to include all EEE.

Objectives of WEEE

The overall goals of the WEEE directive are to reduce the negative environmental and health impacts of e-waste disposal and to increase sustainable use of resources. 

The directive works to:

  • Reduce the amount of e-waste that ends up in landfills
  • Encourage redesign of EEE so that it can be dismantled and properly disposed of
  • Increase re-use of WEEE and its components and materials

To achieve these goals, WEEE requires Member States to set specific targets for the amount (by weight) of EEE collected, recycled, and recovered. These targets differ by country.

All producers of EEE must comply with WEEE requirements. Read more: WEEE Compliance

Which Products Are Restricted by WEEE?

As of 2018, all EEE is included under WEEE (except for those specifically exempted, listed below), as every EEE device becomes WEEE at the end of its use. 

EEE is defined as “equipment which is dependent on electric currents or electromagnetic fields in order to work properly and equipment for the generation, transfer and measurement of such currents and fields” (Article 3 of Directive 2012/19/EU).

EEE subject to WEEE regulation is classified under six categories:

  1. Temperature exchange equipment (eg. refrigerators and freezers)
  2. Screens, monitors, and equipment containing screens with a surface larger than 100 cm2 (eg. televisions, laptops, LCD photo frames)
  3. Lamps (Straight fluorescent lamps, Compact fluorescent lamps, Fluorescent lamps, High intensity discharge lamps – including pressure sodium lamps and metal halide lamps, Low pressure sodium lamps, LED)
  4. Large equipment (any dimension larger than 50cm) (eg. washing machines, large copiers and printers)
  5. Small equipment (no dimension larger than 50cm) (eg. vacuum cleaners, microwaves, musical instruments)
  6. Small IT and telecommunication equipment (eg. cell phones, GPS devices)

Which Products Are Exempt from WEEE?

The Directive exempts several EEE types from WEEE requirements, including:

  1. Equipment that’s necessary to national security and defense, including arms, munitions and war material intended for specifically military purposes
  2. Equipment that is crucial to the functioning of another type of EEE exempt from WEEE
  3. Filament bulbs
  4. Equipment designed to be sent into space
  5. Large-scale stationary industrial tools
  6. Large-scale fixed installations, except any equipment which is not specifically designed and installed as part of those installations (eg. HVAC or robotic equipment)
  7. Vehicles used to transport goods or people, excluding electric two-wheel vehicles
  8. Non-road mobile machinery exclusively for professional use (eg. construction machinery)
  9. Equipment specifically designed solely for the purposes of research and development that is only made available on a business-to-business basis
  10. Active implantable medical devices, as well as medical devices and in vitro diagnostic medical devices that are considered ‘infective’ (capable of causing infection) before their end-of-life

This list of exempted EEE is mainly the same as the RoHS directive’s list of exempted products, although WEEE does not exempt photovoltaic panels. Read more: RoHS vs. REACH vs. WEEE

These exemptions are subject to change with the implementation of new regulations, should that occur. As stated in the WEEE directive, the goal of the regulation is to remain in line with scientific progress. As more substitutions for hazardous materials contained in these exempted products are found, the list of products exempted from WEEE regulation may change. Producers must remain aware of shifting exemptions so they can ensure full compliance with WEEE.

A Guide to Compliance with the Waste Electrical and Electronic Equipment (WEEE) Directive

What Is WEEE?

WEEE, Waste Electrical and Electronic Equipment Regulation, is an EU directive that aims to improve the collection, treatment, and recycling processes of electronic and electrical equipment (EEE) that is no longer in use. Manufacturers of EEE must be compliant with WEEE.

The WEEE directive was created to address the negative environmental and human health impacts caused by waste electrical and electronic equipment (WEEE), also known as e-waste, and to encourage proper recycling and re-use of EEE. 

Since WEEE’s creation in 2002, the directive has been updated to expand its scope.

Original WEEE Directive – The original directive, Directive 2002/96/EU, includes requirements companies must follow to comply with WEEE, and includes eleven categories of EEE regulated under WEEE.

WEEE Recast – The directive was updated in 2012, when Directive 2012/19/EU recategorized EEE into six categories

2018 Expansion – The scope of products regulated under WEEE was expanded in 2018 to include all EEE.

Objectives of WEEE

The overall goals of the WEEE directive are to reduce the negative environmental and health impacts of e-waste disposal and to increase sustainable use of resources. 

The directive works to:

  • Reduce the amount of e-waste that ends up in landfills
  • Encourage redesign of EEE so that it can be dismantled and properly disposed of
  • Increase re-use of WEEE and its components and materials

To achieve these goals, WEEE requires Member States to set specific targets for the amount (by weight) of EEE collected, recycled, and recovered. These targets differ by country.

Read more: What is WEEE?

Which Products Are Restricted by WEEE?

As of 2018, all EEE is included under WEEE, as every EEE device becomes WEEE at the end of its use. EEE is defined as “equipment which is dependent on electric currents or electromagnetic fields in order to work properly and equipment for the generation, transfer and measurement of such currents and fields” (Article 3 of Directive 2012/19/EU).

EEE subject to WEEE regulation is classified under six categories:

  1. Temperature exchange equipment
  2. Screens, monitors, and equipment containing screens with a surface larger than 100 cm2.
  3. Lamps
  4. Large equipment (any dimension larger than 50cm)
  5. Small equipment (no dimension larger than 50cm)
  6. Small IT and telecommunication equipment

Several specific types of EEE are exempt from WEEE regulation. Read more: WEEE Exemptions.

Who Has to Ensure WEEE Compliance?

All producers of EEE must comply with WEEE requirements. The directive defines producers as anyone who:

  • Manufactures and sells EEE under his/her own brand
  • Resells EEE produced by other suppliers under his/her own brand
  • Imports or exports EEE into an EU Member State
  • Sells EEE by “distance” (for example, over the internet) to Member States, even if this seller is in a different country.

WEEE places the responsibility of compliance on producers, not customers. While customers should still recycle their e-waste, they have no legal obligation.

Steps to Comply with WEEE

There are several steps producers must take to ensure they comply with WEEE.

1. Register with the Appropriate Authority

Producers must register and report the volume of EEE placed on the EU market to the correct governing body (which varies by country).

Producers of EEE must meet the recycling targets determined by each Member State. Reporting the volume of EEE placed on the market allows Member States to track WEEE compliance.

A list of information to be included in the registration can be found in Annex X of the WEEE directive (Directive 2012/19/EU).

EEE producers that place more than 5 tonnes of EEE on the EU market must register with a WEEE compliance scheme, often referred to as a Producer Compliance Scheme (PCS). The producer pays a fee to the PCS, and in turn, the PCS helps ensure proper collection and recycling of EEE.

Producers that place less than 5 tonnes of EEE on the market can register with a PCS or simply register with the local Environmental Agency.

The amount of all WEEE collected must also be reported annually.

2. Provide Information to Customers

Proper labeling and information helps customers to properly dispose of their EEE products. WEEE requires that all compliant EEE be marked with the “WEEE symbol,” a recycling bin that is crossed out. If the product is too small to show the symbol, then it should be included in the device’s user manual. 

In some countries, the following information is also required:

  • Information on which take back recycling service the producer provides
  • Information on how the customer can reuse or recycle the product
  • Why WEEE must be separated from other types of waste
  • The negative impacts of not recycling EEE

3. Provide Information to Recyclers

Producers must provide recycling processors with the necessary information on how to recycle the EEE product or prepare the product to be reused. As many EEE products are composed of multiple materials, it is important for producers to provide information to recyclers on how to properly dispose of all the product’s components as well.

Information to be provided to recyclers includes:

  • Tools needed to dismantle the product
  • How to dismantle the product
  • How to remove batteries
  • How to process the metals included to be reused or recycled
  • Recommendations on how materials used in the EEE should be recovered or reused

4. Create an E-waste Recycling Program

Producers must offer their customers a method to recycle EEE at the end of its lifecycle, which includes creating or financing a system for customers to recycle old EEE. These programs are often referred to as Compliance and Take Back schemes. 

The take back scheme may entail a collection service or a drop-off location for used electronics. The recycling program must be free of charge to the customer. The producer can collect WEEE itself or can contract a collection company.

Producers must report the weight of all WEEE recycled through their take back system to the relevant authority. This can be done directly by the producers, or through the collection company. This reporting helps governing bodies track the success of WEEE, as they can compare the amount of EEE a producer puts on the market to how much of it gets recycled.

Penalties of WEEE Noncompliance

Manufacturers will face penalties for noncompliance with RoHS. These penalties may include financial and legal consequences, as well as the larger costs associated with noncompliance.

Financial Consequences

Manufacturers may face fines for placing EEE on the market that does not comply with the WEEE directive. The amount of the fine differs by member state, with some countries having higher maximum fines than others. 

Legal Consequences

Producers that do not comply with WEEE may also face legal consequences such as criminal prosecution or even imprisonment. This legal process is time consuming and costly, and can also have negative impacts on the brand’s reputation. 

Larger Costs

Failure to comply with WEEE allows for harmful e-waste to enter landfills and create negative impacts on the environment and human health. WEEE works to protect against environmental harm and disease by keeping e-waste out of landfills, and ensuring products are recycled safely and effectively.

As of January 2021, Regulation (EU) 2019/1020 created stronger controls to enforce the WEEE directive and other EU laws. The new Regulation increases penalties for noncompliance and creates more stringent enforcement. The Regulation is particularly focused on making sure enforcement is extended to EEE sold online. The Regulation also aims to increase cooperation between Member State market surveillance authorities in order to let fewer noncompliant producers fall through the cracks.

What is WEEE? Understanding The Waste Electrical and Electronic Equipment Directive

What Is WEEE?

WEEE, Waste Electrical and Electronic Equipment Regulation, is an EU directive that aims to improve the collection, treatment, and recycling processes of electronic and electrical equipment (EEE) that is no longer in use.

The United Nations Environment Program estimates that by 2030, over 74 million metric tonnes of WEEE, also known as e-waste, will be discarded globally (Forti et al. 2020). This represents a doubling in under two decades. 

The WEEE directive was created to address the negative environmental and human health impacts caused by e-waste, and to encourage proper recycling and re-use of EEE. 

Since WEEE’s creation in 2002, the directive has been updated to expand its scope.

Original WEEE Directive – The original directive, Directive 2002/96/EU, includes requirements companies must follow to comply with WEEE, and includes eleven categories of EEE regulated under WEEE.

WEEE Recast – The directive was updated in 2012, when Directive 2012/19/EU recategorized EEE into six categories

2018 Expansion – The scope of products regulated under WEEE was expanded in 2018 to include all EEE.

Objectives of WEEE

The overall goals of the WEEE directive are to reduce the negative environmental and health impacts of e-waste disposal and to increase sustainable use of resources. 

The directive works to:

  • Reduce the amount of e-waste that ends up in landfills
  • Encourage redesign of EEE so that it can be dismantled and properly disposed of
  • Increase re-use of WEEE and its components and materials

To achieve these goals, WEEE requires Member States to set specific targets for the amount (by weight) of EEE collected, recycled, and recovered. These targets differ by country.

Which Products Are Restricted by WEEE?

As of 2018, all EEE is included under WEEE, as every EEE device becomes WEEE at the end of its use. EEE is defined as “equipment which is dependent on electric currents or electromagnetic fields in order to work properly and equipment for the generation, transfer and measurement of such currents and fields” (Article 3 of Directive 2012/19/EU).

EEE subject to WEEE regulation is classified under six categories:

  1. Temperature exchange equipment
  2. Screens, monitors, and equipment containing screens with a surface larger than 100 cm2.
  3. Lamps
  4. Large equipment (any dimension larger than 50cm)
  5. Small equipment (no dimension larger than 50cm)
  6. Small IT and telecommunication equipment

Several specific types of EEE are exempt from WEEE regulation. Read more: WEEE Exemptions.

Who Does WEEE Impact?

WEEE has widespread impact, but directly affects producers and buyers of EEE.

1) Producers of EEE: Manufacturers, Importers, Distributors, and Distance Sellers

All producers of EEE must comply with WEEE requirements. The directive defines producers as anyone who:

  • Manufactures and sells EEE under his/her own brand
  • Resells EEE produced by other suppliers under his/her own brand
  • Imports or exports EEE into an EU Member State
  • Sells EEE by “distance” (for example, over the internet) to Member States, even if this seller is in a different country.

Compliance Requirements for Producers

The directive aims to place the responsibility of proper recycling of WEEE on producers. Under WEEE, producers must:

  1. Register and report the volume of EEE placed on the EU market to the correct governing body (which varies by country).

Producers of EEE must meet the recycling targets determined by each Member State. Reporting the volume of EEE placed on the market allows Member States to track WEEE compliance.

EEE producers that place more than 5 tonnes of EEE on the EU market must register with a WEEE compliance scheme, an organization that helps ensure proper collection and recycling of EEE. Producers that place less than 5 tonnes of EEE on the market must register with the local Environmental Agency.

  1. Offer their customers a method to recycle EEE at the end of its lifecycle.

Producers must create or finance a system for customers to recycle old EEE. This may entail a collection service or a drop-off location. This recycling program must be free of charge to the customer.

  1. Provide recycling services with the necessary information on how to recycle the EEE product or prepare the product to be re-used.

As many EEE products are composed of multiple materials, it is important for producers to provide information to recyclers on how to properly dispose of the product and its components.

  1. Label products with the “wheelie bin” symbol.

WEEE requires that all compliant EEE be marked with the “WEEE symbol,” a recycling bin that is crossed out. This helps customers to properly dispose of their EEE products.

Read more: WEEE Compliance

Prices may increase for producers as a result of these requirements, such as compliance scheme fees or the creation of new programs. 

However, WEEE allows companies to save costs on materials, as companies can begin to use reused, and thus cheaper, materials. The use of recycled materials also works against resource scarcity and supply chain issues, which can save companies money in the long run.

2) Buyers of EEE: Consumers

Most individuals today buy and use EEE, as do many businesses, and are thus impacted by WEEE.

Buyers may face higher prices for their electronic devices due to WEEE. As producers pay increased costs to produce WEEE-compliant products and recycling programs, consumers often offset these costs by paying more for their devices. However, all disposal programs offered by producers must be free of charge for the buyer. 

While consumers do not face the same legal requirements as producers, consumers still play a role in ensuring proper disposal of WEEE. It is important that consumers avoid throwing used electronics in the landfill, and rather, take steps to ensure proper disposal, such as returning the EEE to a producer.

Proper disposal of EEE also helps keep sensitive data stored on a device such as a phone or computer secure. If a consumer wishes to protect their information, the process laid out by WEEE for proper disposal is a crucial step.

3) Other: The General Public

Ultimately, WEEE affects everyone, as the directive works to protect the health of our environment and communities. WEEE helps keep dangerous materials out of the air, soil, and water. Read more about the environmental and health impacts of WEEE below.

The WEEE directive benefits the general public as it allows for increased resource efficiency. WEEE ensures that more products are created using reusable and recycled materials and components. 

This resource efficiency also pushes innovation in EEE products. In order to use recycled materials or to allow for proper disposal, producers must create new design processes for EEE.

Why is WEEE Important?

In the long run, WEEE will help create more sustainable products and a healthier environment. WEEE’s importance can be summarized into three main areas of impact: the market, the environment, and consumer health. While WEEE creates increased costs for sellers and buyers of EEE, the directive also increases sustainability and protects the natural environment and human health.

1) The Market

As discussed previously under “Buyers of EEE,” WEEE raises costs for producers and buyers of EEE alike. 

EEE producers must create or finance recycling programs for their consumers. Additionally, steps to ensure WEEE compliance may be costly.

Buyers also experience increased prices of electronics in their day to day lives as a result of WEEE.

However, these increased prices come hand in hand with a more sustainable economy. A central goal of WEEE is to create a circular economy, an economy in which industry reuses and recycles raw materials. The circular economy minimizes waste and addresses resource scarcity in a world of finite raw materials.

2) The Environment

Many electronic devices contain materials such as heavy metals and chemicals that have large environmental consequences upon becoming e-waste. Improper disposal creates environmental pollution, destroys habitats, and impacts the health of other species.

When WEEE is improperly disposed of, such as through shredding or melting, toxins and particles are released into the air that can cause air pollution. This pollution may have larger environmental consequences, and can damage human lungs.

Additionally, improper disposal of WEEE allows hazardous materials to enter groundwater and soil. This contamination has widespread effects, as toxic materials may impact crops or drinking water, leading to negative health outcomes for animals and humans. Chemicals found in WEEE can also cause acidification of rivers and other waterways.

Lastly, WEEE takes up land area when it sits in landfills. By increasing proper recycling measures and encouraging reuse of materials, the WEEE directive helps reduce the amount of space landfills use globally. 

3) Consumer Health

The WEEE directive works to reduce risks to human health caused by exposure to e-waste. 

E-waste can contain toxic substances such as lead, mercury, sulfur and cadmium. If these materials are not disposed of properly, the buildup of contamination in water and soil can cause health problems.

A 2013 WHO study found that exposure to e-waste can cause severe health impacts, including adverse birth outcomes, changes in thyroid function and cell function and decreased lung function (Grant et al. 2013).

WEEE works in tandem with the RoHS directive, which restricts the use of hazardous materials in EEE manufacturing. If fewer hazardous materials are used in manufacturing electronic devices, then, when those products become e-waste, negative impacts are lower.

Read more: RoHS vs. WEEE