There must be evidence, in the form of signed contract between the producer and the business user (or someone representing the producer – for example, a reseller under contract), that clearly sets out who is responsible for the costs of collecting and treating the EEE at the end of its life, making sure that the equipment will not be disposed of with normal waste.
There must be evidence that the EEE will not be used in private households and disposed of with normal waste. This should be supported by either one or a combination of the following conditions.
• The EEE must be operated by specialised software (for example, an operating system that needs to be set up in a special way for professional use).
• The EEE must be operated at a voltage, or use an amount of power, outside the normal range available in private households.
• The EEE must only be operated by someone who has a professional licence to do so. (For example, base stations can only be operated by someone who is licensed by the telecommunications regulator).
• The EEE must be a large size or weight, or need to be installed and taken apart or transported by specialists.
• The EEE must need to be used in a professional environment or by someone with a professional education (for example, medical X-ray equipment).
• The EEE must fall within category 10.
• The EEE must fall outside the General Product Safety Directive for consumer products.
• The producer must provide statistics to show that a particular type of EEE is not disposed of with normal waste.