NATIONAL

Legislation

Which directives are transposed into Royal Decree 208/2005 in relation to electrical and electronic equipment and the management of their waste?

This Royal Decree incorporates into domestic law Directive 2002/96/CE of the European Parliament and the European Council dated 27 January 2003 in relation to waste electrical and electronic equipment, article 9 of which is modified by Directive 2003/108/CE dated 8 December 2003, and Directive 2002/95/CE of the European Parliament and the European Council dated 27 January 2003 in relation to restrictions on the use of specific dangerous substances in electrical and electronic equipment.

Objectives

What are the objectives of Royal Decree 208/2005 in relation to electrical and electronic equipment and the management of its waste?

• To reduce the amount of this waste and the dangerousness of components,
• To encourage the reuse of equipment and the recycling of its waste,
• To establish the proper management of waste while trying to improve the effectiveness of environmental protection.

It also aims to improve the environmental behaviour of all participants in the life cycle of electrical and electronic equipment: producers, distributors, users and waste managers.

What measures does Royal Decree 208/2005 establish in order to reduce the amount of this type of waste and the dangerousness of its components?

Article 2 of Royal Decree 208/2005 establishes a series of preventative measures beginning with the design phase and manufacturing of electrical and electronic equipment in order to limit the inclusion of dangerous substances in said equipment. Said restrictions shall be enforceable on equipment which is put on the market from 1 July 2006.

The following preventative measurements are specifically established:

Producers shall design all equipment, light bulbs and private household lighting in such a way that they do not include lead, mercury, cadmium, hexavalent chromium, polybrominated biphenyls or polybrominated diphenyl ethers, with the exception of those conditions provided for in Annex II. This measure will not affect medical devices and monitoring and control equipment.

It also establishes that producers shall design and produce equipment in a way that facilitates its dismantling, repair and, in particular, its reuse and recycling.

Said producers shall provide waste managers, when requested by said managers, with information in relation to the dismantling of equipment which will allow the different components and materials that can be reused and recycled to be identified as well as hazardous substances and preparations to be located.

Finally, producers must inform users of criteria for the correct environmental management of waste electrical and electronic equipment used in private households, systems for their return and the fact that they are free of charge, as well as selective collection. They shall also be informed of the meaning of the symbol in Annex V of the use instructions, guarantee or documentation that comes with the equipment, as well as the possible effects on the environment or human health of hazardous substances the equipment may contain.

What measures does Royal Decree 208/2005 establish in order to encourage the reuse and recycling of waste electrical and electronic equipment (WEEE)?

First and foremost, it indicates that the treatment operations for WEEE must adapt to the best available techniques in accordance with the characteristics of the operations and dangerousness of components which are being handled.

It has been established that an average of four kilograms of waste electrical and electronic equipment from private households will be selectively collected per inhabitant each year (this is a total of 164,000 metric tonnes of WEEE)

It also establishes assessment objectives to be fulfilled by 31 December 2006, which include:
 

* The percentage of reuse and recycling of components, materials and substances from gas discharge lamps should reach 80% of the weight of the lamps.

What measures does Royal Decree 208/2005 create in order to establish the proper management of waste electrical and electronic equipment (WEEE) in order to improve the effectiveness of environmental protection?

First and foremost, it establishes that the most recent owners of equipment can return equipment, free of charge, to distributors or local entities.

Furthermore, the producer shall, individually or by joining an integrated management system, be responsible for management costs, including collection from temporary storage facilities established by local entities or from distributors, of waste generated following the use of electrical and electronic equipment they put on the market from 13 August 2005.

Likewise, producers of electrical and electronic equipment must register or be registered in the section that has been created in the Register of Industrial Establishments for producers of this kind of waste.

Affected Products

What is an electrical and electronic appliance?

All equipment which is dependent on electric currents or electromagnetic fields in order to work properly, designed for use with a voltage rating not exceeding 1000 Volts for alternating current and 1500 Volts for direct current, as well as equipment required for the generation, transfer and management of such currents and fields.

What type of equipment is covered by Royal Decree 208/2005?

It covers all electrical and electronic equipment which appear in the following categories:

1. Large electrical appliances

2. Small electrical appliances

3. IT and telecommunications equipment

4. Consumer electronic equipment

5. Lighting equipment

6. Electrical or electronic tools (with the exception of large-scale stationery industrial tools installed by professionals)

7. Toys, leisure and sports equipment

8. Medical devices (with the exception of all implanted or infected products)

9. Monitoring and control instruments

10. Automatic dispensers

The following are excluded:

- Those which are part of another type of equipment not included in its area of application (e.g. car radio-cassette players or refrigeration equipment from a refrigerated truck)

- Equipment used for specifically military purposes

- Equipment which is not used as a primary source of energy although it is connected to the electricity network (e.g. gas boilers or paraffin stoves) (Decision of the Technical Adaptation Committee).

Producers

Who are the producers of electrical and electronic equipment?

Producers of this type of equipment are those individuals or legal entities who manufacture and sell electrical and electronic equipment under their own brand, who put equipment manufactured by third parties on the market under their own brand and who import from or export to other countries.

Distributors shall not be considered to be producers if the brand of the producer appears on the equipment and the owner of that brand is registered on a state level in the special section of the Register of Industrial Establishments.

 

INTERNATIONAL

- DIRECTIVE 2002/95/CE IN RELATION TO RESTRICTIONS ON THE USE OF CERTAIN HAZARDOUS SUBSTANCES IN ELECTRICAL AND ELECTRONIC EQUIPMENT
- DIRECTIVE 2002/96/CE IN RELATION TO THE MANAGEMENT OF WASTE ELECTRICAL AND ELECTRONIC EQUIPMENT

Directive 2002/95/CE in relation to restrictions on the use of certain hazardous substances in electrical and electronic equipment and directive 2002/96/CE in relation to the management of waste electrical and electronic equipment entered into force on 13 February 2003.  Both directives must be transposed into national law by the Member States before 13 August 2004.

The aim of the frequently asked questions answered below is to help authorities from Member States to interpret both directives. They can also be used by economic participants, due to the fact that they will have to comply with the national laws arising as a result of said directives.

These frequently asked questions reflect the opinions of the European Commission and are therefore not legally binding: the legal interpretation of European Community legislation is the sole responsibility of the European Court of Justice.

The answers cannot transcend the requirements of the WEEE and RoHS Directives. Both directives are obligatory as far as their objectives are concerned, but they allow a margin for manoeuvre in relation to the way these community objectives are incorporated into national law.

As a general rule, the WEEE and RoHS Directives aimed at Member States do not confer any rights or impose any obligations on Community citizens. They are designed for Member States and rights and obligations of citizens shall only arise as a result of the measures adopted by authorities from the Member States for their transposition.

This document is subject to future change based on the transposition experiences experienced in each Member State and the future development of European policy in relation to the management of waste.

May 2005

Catherine Day General Director of the Environment

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I. SCOPE OF APPLICATION

1.1 What is the legal basis for the WEEE and RoHS directives?

The legal basis for the WEEE Directive is Article 175 of the Treaty. The Member States may adopt stricter environmental protection measures, provided that said measures comply with community regulations (such as the free movement of goods, as established in Articles 29-30 of the Treaty). Annex 1A of the WEEE Directive includes a list of categories of products covered by this Directive and Annex 1B includes a list of products which fall under these categories. Due to the fact that this list is not exhaustive, Member States may, in principle, include additional products in their national law transposing the Directive. The priority objective of this Directive is to avoid the generation of electrical and electronic waste and also to promote the recycling, reuse and other forms of recovery of said waste in order to reduce the generation of waste. Its objective is also to improve the environmental responsibility of all participants who are part of the life cycle of electrical and electronic equipment, as well as manufacturers, distributors and consumers, but, above all, all those participants directly linked to the treatment of electrical and electronic waste.

The legal basis for the RoHS Directive is Article 95 of the Treaty. The aim of the Directive is to carry out an approximation of national laws limiting the use of dangerous substances in electrical and electronic equipment and to contribute to an improvement in human health and the recovery and ecological elimination of electrical and electronic waste.

 1.2 What are the criteria for deciding whether a product is covered by the RoHS Directive? 

 

 

In the opinion of the Commission, devices which are part of other types of equipment not covered by the Directive are also not covered by its scope of application. Therefore, all equipment specifically designed for installation in aeroplanes, boats and other means of transport are excluded.

1.3 What are the criteria for deciding whether a product is covered by WEEE Directive?

  

Number	Criteria for those appliances covered by Directive 2002/96/CE (WEEE)	Interpretation	Examples of products not covered by the WEEE Directive
1	Equipment which  is ‘dependent on electric currents or electromagnetic fields in order to work properly and equipment required for the generation, transfer and measurement of such currents and fields” [WEEE Art. 3 (a)]	“Dependent on” means that the appliance requires electricity (not gas or petrol) as its main source of energy in order to carry out its basic functions. It also means that when there is no electrical current, the appliance cannot carry out it basic (primary) functions. If it only uses electricity for support or control functions, the appliance is not covered by Directive 2002/96/CE. If it only uses electricity for support or control functions, the appliance is not covered by Directive 2002/xxxx.	- Piezoelectric ignition - Combustion engine with ignition - Lawnmower with petrol engine  - Pneumatic tools - Gas cookers with an electric clock  - Battery operated soft toy
2	Equipment “designed for use with a voltage rating not exceeding 1000 Volts for alternating current and 1500 Volts for direct current” [RoHS Art. 3 (a)]		- Piezoelectric ignition (>1500 V)   - High voltage switch
3	Equipment covered by “the categories established in Annex 1A [WEEE Art. 2.1 and Annex 1]	“Large-scale industrial tools”   These are machines or systems which are a combination of equipment, systems, finished products and/or components, each of which is only intended for industrial use and which are permanently installed and fixed by professionals in a specific location for industrial machinery or in an industrial building in order to carry out a specific task.   Not to be placed on the market as a single functional or commercial unit.   [1]	- Oil platforms   - There is no general exemption for commercial ‘catering’ equipment. The criteria does not depend on the size but on how it is fixed.
4	Equipment in Annex IB which “includes a list of products which fall under the categories of Annex IA [WEEE Art. 2.1 and Annex 1B]	At least those specific appliances specified in Annex IB are covered by the Directive.   Household luminaires includes all types of household luminaires.	Explicitly excluded:   - Luminaires in households     - Filament bulbs
5	Devices which are not part of another type of equipment not covered by the Directive [WEEE Art. 2.1]	With reference to Directive 89/336/CE and Official Guidelines for its Implementation, the decision criteria are “Finished Product” or “Fixed Installation”.   Devices which are part of another type of equipment shall not be considered to be a “finished product”. A finished product is any device or unit of equipment that has a direct function, its own enclosure and - if applicable - ports and connections intended for end users. A Direct Function shall be defined as any function of a component or a finished product which fulfils the intended use specified by the manufacturer in the instructions for use for an end-user. This function is available without the need for any other adjustment or connection other than that which any normal person can carry out. If the “other type of equipment” is a fixed installation. It is not covered by the WEEE Directive. “Fixed installation” is broadly defined as a “combination of several equipment, systems, finished products and/or components (hereinafter called “parts”) assembled and/or erected by an assembler/installer at a given place to operate together in an expected environment to perform a specific task, but not intended to be placed on the market as a single functional or commercial unit.[2]	- Fixed installations such as heating plants or industrial installations.   - Lifts   - Monitoring and control equipment used in gas and petroleum exploration electronics and permanent measuring equipment in drilling tools.   - Frequency converters: only those components which are part of a product included in the Directive are covered by the Directive whether or not these components are covered by the Directive depends on their application. They should be assessed on a case by case basis.   - Car radios and other devices for use in a product which is covered by the End-of-Life Vehicles Directive.   - Identification by radio frequency   [3]
6	Equipment not covered by “specific European Union waste legislation” [WEEE Art. 2.2]
7	Devices which are not a product for specifically military use 2.3]	However, this does not include those products which do not have a specifically military use.	Arms, munitions, war materials

 1.4 Are electrical and electronic products for professional use covered by the WEEE and RoHS Directives?

The Directive includes regulations which cover both WEEE in the home as well as WEEE belonging to users outside the home. The regulations relating to WEEE in the home are established in Article 8, while Article 9 covers WEEE belonging to users outside the home. Furthermore, the labelling requirements for electrical and electronic equipment used in private households established in Article 10(3) are not limited to said equipment due to the fact that, in some cases, it is difficult to distinguish between electrical and electronic equipment for home and professional use. Therefore, this labelling requirement also applies to electrical and electronic equipment for professional use.

The RoHS directive does not distinguish between domestic and professional electrical and electronic equipment, therefore it also covers all products for professional use.

1.5 Are batteries covered by the WEEE and RoHS Directives?

The RoHS Directive limits the use of heavy metals in electrical and electronic equipment, but does not apply to batteries.

Batteries built into electrical and electronic equipment are covered by the WEEE directive once this electrical and electronic equipment becomes waste. In this case, the batteries must be collected together with the equipment in accordance with the requirements of the WEEE Directive. This has an impact on the responsibilities of the manufacturer. Battery manufacturers shall only be responsible for the treatment of batteries built into electrical and electronic equipment once they have been removed from the collected WEEE. Therefore, those batteries collected with WEEE shall be covered by the collection objectives of the WEEE Directive and, once removed, shall be covered by the collection objectives of the Directive in relation to batteries. 

Batteries built into other products (such as cars or electrical and electronic equipment) are automatically collected with those products when they become waste. According to the terms of Directive 2000/53/CE in relation to End of Life Vehicles and the WEEE Directive, the manufacturer of the car/electrical equipment must cover the costs for collection and the collected car/electrical appliance must be sent to an authorized treatment centre. In accordance with the minimum treatment requirements established in these two Directives, the battery must be removed from the End of Life Vehicle equipment as a minimum requirement for treatment. From that moment on, it is the responsibility of the battery manufacturer to cover all other treatment costs for the removed battery. Interaction occurs between the battery manufacturer and the treatment centre once the battery has been removed from the car/electrical equipment.

1.6 Are ink cartridges covered by the WEEE and RoHS Directives?

 Article 3(a) of the WEEE Directive defines electrical and electronic equipment (EEE) 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 falling under the categories set out in Annex IA and designed for use with a voltage rating not exceeding 1000 Volt for alternating current”. The WEEE Directive defines WEEE as “electrical and electronic equipment which is waste within the meaning of Article 1(a) of Directive 75/442/EEC, including all components, subassemblies and consumables which are part of the product at the time of discarding”. In accordance with the definition of EEE, a printer is an EEE as it is covered by category 3 of Annex IB of the WEEE Directive. If a printer is discarded, it becomes WEEE. This means that the ink cartridge is inside a discarded printer and is therefore part of the WEEE since it is a consumable which is part of the printer at the time it is discarded. Article 4 of the WEEE Directive requires Member States to encourage the design and production of electrical and electronic equipment which take into account and facilitate dismantling and recovery, in particular the reuse and recycling of WEEE, their components and materials. However, the cartridge is not EEE but is considered to be a consumable. Therefore, the ink cartridge is not covered by the RoHS Directive.

1.7 Are electrical and electronic equipment such as car radios covered by the RoHS Directive or the 2000/53/CE Directive in relation to End of Life Vehicles?

Some EEE such as radios, CD players or navigation systems can be bought separately in repair centres, supermarkets or specialized shops and installed and used in a vehicle. The question is whether this equipment is covered by the RoHS Directive or Directive 2000/53/CE in relation to End of Life Vehicles.

Article 2 (2) of the RoHS Directive establishes that: “This Directive shall apply without prejudice to Community legislation on safety and health requirements and specific Community waste management legislation”.

Therefore, if the equipment has not been specifically designed for use in a vehicle, it is subject to the RoHS Directive. If it has been designed mainly for use in a vehicle (such as car radios), it is covered by the End of Life Vehicles Directive.

1.8 Are spare parts installed in new equipment covered by the RoHS Directive?

The RoHS Directive establishes that any new EEE put on the market for the first time from 1 July 2006 shall not contain lead, cadmium, mercury, hexavalent chromium, polybrominated biphenyls (PBB) or polybrominated diphenyl ethers (PBDE). The Directive allows for two exemptions:

- The Directive shall not apply to the applications listed in the Annex; 

- The Directive shall not apply to spare parts, or to the reuse, of electrical and electronic equipment put on the market before 1 July 2006 (Article 2(3)). The aim is to allow for the maintenance of old equipment using spare parts and to ensure the reuse of said equipment. This exemption applies explicitly to old equipment put on the market before 1 July 2006.

Therefore, spare parts containing dangerous substances can be commercialised for the repair of old equipment (put on the market before 1 July 2006), but they cannot be used to repair new equipment (put on the market after 1 July 2006). Furthermore, the marketing of spare parts containing prohibited substances for the repair of new equipment would prolong the presence of dangerous substances in the flow of waste and would damage efforts to increase recycling.

1.9 Can materials that do not comply with the requirements of the RoHS Directive be used to increase and/or improve the capacity of electrical and electronic products put on the market before 1 July 2006?

The use of materials that do not comply with the requirements of the RoHS Directive in electrical and electronic equipment (EEE) put on the market before 1 July 2006 in order to increase and/or improve the capacity of said equipment is permitted, provided that the EEE is not put on the market as a new product. If it is put on the market as a new product, it must comply with the requirements of the RoHS Directive.

However, if following the increase and/or improvement in capacity, the EEE is put on the market as a reused product, the Directive shall not apply.

1.10 Does the banning of the use of certain substances, as established in the RoHS Directive, also apply to the production process?

In accordance with Article 4(1) of the RoHS Directive “Member States shall ensure that, from 1 July 2006, new electrical and electronic equipment put on the market does not contain lead, cadmium, mercury, cadmium, hexavalent chromium, polybrominated biphenyls (PBB) or polybrominated diphenyl ethers (PBDE). National measures restricting or prohibiting the use of these substances in electrical and electronic equipment which were adopted in line with Community legislation before the adoption of this Directive may be maintained until 1 July 2006.”  It is therefore understood that the ban only applies to the finished product and not the production process.

1.11 Does the banning of the use of certain substances, as established in the RoHS Directive, also apply to products manufactured for personal use?

The RoHS Directive only applies to products put on the market. Products manufactured for personal use are not covered by the Directive. If they are subsequently put on the market, they must comply with the requirements of the Directive.

1.12 Are radiofrquency identification chips covered by the WEEE and RoHS Directives?

Radiofrequency identification chips are covered by the definition of electrical and electronic equipment established in the WEEE and RoHS Directives and are included in category 3 “IT and telecommunications equipment”. They are covered by the RoHS Directive.

As far as the WEEE Directive is concerned, if the chips are included in the packaging of the EEE, they are not covered by the Directive because they are part of a product which is not covered by the WEEE Directive. If they are built into the equipment, the manufacturer must assume responsibility for its recycling.

1.13 Are antennas, cables, optical fibres and wave guides covered by the WEEE and RoHS Directives?

Antennas and cables are covered by the definition of electrical and electronic equipment under the WEEE and RoHS Directives. The difference between optical fibre and electrical fibre is not the material used but its function (electrical cables can be used and have been used for the transmission of information, sound, images, etc.). Any cables inside the equipment and/or which are extensions or connections for the equipment at the moment it becomes waste are considered WEEE. Any cables used for fixed installations are not covered by the WEEE Directive.  

Masts or metal towers for electricity lines are not covered by the EEE definition. If they are part of a fixed installation, they are not considered to be WEEE. Modular cabling systems for voice, data and video applications are included in Category 3 “IT and telecommunications equipment” of the WEEE Directive and are subject to the RoHS Directive.  

1.14 What does “infected products” mean?

The WEEE Directive applies to the categories included in the list of Annex IA of the Directive. Annex IB includes a non-exhaustive list of products that fall under these categories. Category 8 includes “medical devices with the exception of all implanted and infected products”. Infected products are understood to be any product which has entered into contact with blood or other biological contaminants before the end of its life.  

1.15 What does “video games” mean? 

“Video games” are included in Category 7 of Annex IB of the WEEE Directive. Videogames are understood to be the hardware used by the games. The hardware complies with the definition of EEE established in the WEEE Directive. The software (such as cards, CD-ROMs, etc.) does not comply with the definition of EEE and should be considered as a consumable.

II. DEFINITIONS
2.1 What does put on the market mean?
 
The words “put on the market” in Article 10(3) of the WEEE Directive and Article 4 of the RoHS Directive refer to the act of making a product available for the first time in the Community market. This occurs when the product is transferred (for example by means of a physical delivery of the product or a transfer of ownership of the product) from the producer to a distributor or final consumer or user in the Community market.
 
“Put on the market for the first time” refers to any equipment put on the market after the entry into force of the restrictions in relation to the use of certain substances (in other words 1 July 2006) and not the launch date of the new product or product range. Moreover, the concept of placing on the market refers to each individual product, not to a type of product, even if it was manufactured as an individual unit or in series.
 
This same terminology is used in many directives, such as internal market directives based on the New Approach or the Global Approach. The Guide to the Implementation of Directives based on the New Approach and the Global Approach define “put on the market” as follows:
 
“Placing on the market is the initial action of making a product available for the first time on the Community market, with a view to distribution or use within the Community. Making available on the market can either be for payment or free of charge […].  A product is put on the Community market when it is made available for the first time. This takes place when the product is transferred from the manufacturing phase in order to be distributed or used in the Community market […] The transfer of the product takes place either from the manufacturer, or the manufacturer’s authorized representative in the Community, to the importer established in the Community or to the person responsible for distributing the product on the Community market. [4]

The transfer may also take place directly from the manufacturer, or the manufacturer’s authorized representative in the Community, to the final consumer or user. The product is considered to be transferred either when the physical hand-over or the transfer of ownership has taken place. This transfer can be for a payment or free of charge, and it can be based on any type of legal instrument. Thus, a transfer of a product is considered to have taken place, for instance, in the circumstances of sale, loan, hire, leasing and gift.”

See

http://europa.eu.int/comm/enterprise/newapproach/

legislation/guide/legislation.htm

 

2.2 Are concentration limits established in the RoHS Directive?
As a result of Article 5(1)(a), the Commission has proposed a draft decision by means of which it establishes a maximum concentration of 0.1% in weight for lead, mercury, hexavalent chromium, polybrominated biphenyls (PBB) and polybrominated diphenyl ethers (PBDE) and 0.01% in weight for cadmium in homogeneous materials.
 
”Homogeneous materials” means a unit of material that cannot be mechanically disjointed into single materials. 
 
Definitions: 
The term “homogeneous” means “of uniform composition”. Examples of “homogenous materials” include individual types of plastics, ceramics, glass, metals, alloys, paper, board, resins and coatings.
 
The term “mechanically disjointed” means that the materials can, in principle, be separated by mechanical actions such as unscrewing, cutting, crushing, grinding and abrasive processes.
 
Examples

· A plastic lid is an “homogeneous material” if it is only made of one type of plastic without an additional coating of another material or without any another material being fitted to it or inside of it. In this case, the limits established in the Directive are applicable.
 
· An electric cable made up of various metal cables covered in another insulating material is an example of a non-homogeneous material due to the fact that the different materials it is composed of can be separated using mechanical procedures. In this case, the limits established in the Directive are applicable to each separate material.

· A semiconductor contains many homogenous materials such as plastic moulding, electrolytic-tin covering over the lead support, the lead alloy structure and gold ligation wires.
 
2.3 Do the objectives include the reuse of the equipment?
 
It may comply with the objectives established in Article 7 of the WEEE Directive by means of the collection, recycling or reuse of components, materials or substances relating to the WEEE sent for treatment. These objectives do not cover the reuse of entire equipment.
 
Treatment in Article 3(h) is defined as “any activity after the WEEE has been handed over to a facility for depollution, disassembly, shredding, recovery or preparation for disposal and any other operation carried out for the recovery and/or the disposal of the WEEE”. If the equipment is split up for its reuse before entering the treatment facility, it cannot be included in the recovery objectives of the Directive. The repair of entire appliances is not considered to be a treatment according to the definition of Article 3(h). However, the reuse of components is covered by the objectives of the Directive.

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[1] Interpretations according to the Guidelines for the application of Council Directive 89/336/CEE dated 3 May 1989 on Electromagnetic Compatibility (Directive 89/336/CCE modified by Directives 91/263/CCE, 92/31/CCE, 93/68/CCE and 93/97/CCE)

http://europa.eu.int/comm/enterprise/

electr_equipment/emc/guides/emcguide.htm

the guidelines subject to modification

http://europa.eu.int/comm/enterprise/

electr_equipment/emc/revision/proposal.htm

 

 (3.7) According to these guidelines, a finished product is any device or unit of equipment that has a direct function, its own enclosure and - if applicable - ports and connections intended for end users.

(3.8) “Direct Function” is defined as any function of a component or a finished product which fulfils the intended use specified by the manufacturer in the instructions for use for an end-user. This function can be available without further adjustment or connections other than simple ones which can be performed by any person not fully aware of the EMC implications.

(6.5.2.1) In a broad sense, “fixed installation” is defined as “a combination of several equipment, systems, finished products and/or components (hereinafter called “parts”) assembled and/or erected by an assembler/installer at a given place to operate together in an expected environment to perform a specific task, but not intended to be placed on the market as a single functional or commercial unit”.

 

[2] Interpretations according to the Guidelines on the application of Council Directive 89/336/EEC dated 3 May 1989 on Electromagnetic Compatibility (Directive 89/336/CCE modified by Directives 91/263/CCE, 92/31/CCE, 93/68/CCE and 93/97/CCE)

http://europa.eu.int/comm/enterprise/

electr_equipment/emc/guides/emcguide.htm

the guidelines subject to modification

 http://europa.eu.int/comm/enterprise/

electr_equipment/emc/revision/proposal.htm

 

(3.7) According to these guidelines, a finished product is any device or unit of equipment that has a direct function, its own enclosure and - if applicable - ports and connections intended for end users.

(3.8) “Direct Function” is defined as any function of a component or a finished product which fulfils the intended use specified by the manufacturer in the instructions for use for an end-user. This function can be available without further adjustment or connections other than simple ones which can be performed by any person not fully aware of the EMC implications.

(6.5.2.1) In a broad sense, “fixed installation” is defined as “a combination of several equipment, systems, finished products and/or components (hereinafter called “parts”) assembled and/or erected by an assembler/installer at a given place to operate together in an expected environment to perform a specific task, but not intended to be placed on the market as a single functional or commercial unit”.

[3] A Radiofrequency identifier installed in the packaging of a product is not covered by the WEEE Directive. If it is built into the equipment, it is covered by the WEEE Directive and must be recycled by the manufacturer of the equipment.
[4]
[5] This decision shall only be obligatory when it is approved by the Commission and published in the Official Gazette.