Products that generate, transmit or use electric currents or electromagnetic fields to work and that fit within one of the 10 product categories are covered by the regulations. Electrical products are not just those connected to a mains supply, but also include wind-up, battery-powered and solar-powered products.

Some products may contain electrical or electronic components, but will not use electricity as their main power source. In these cases, if the product depends on the electrical or electronic components to work, it will be considered to be covered by the regulations. For example, a gas catering oven that relies on electronic processors to control the temperature depends on the electronics to work, and so will be within the regulations. In contrast, a domestic gas cooker, which relies on gas as its main power source, but which relies on electricity to power an electric clock and the ignition will be outside the regulations as it will still work as a cooker without electricity.

A product should be considered to be covered by the regulations if:

• its main function is powered electrically or electronically; or

• it is sold based on the idea that the functions that depend on electricity to work add an important feature and value to the product; and

• without the functions that depend on electricity, the equipment would not normally be used.

For example, a teddy bear whose main function is learning and entertainment and which relies on electricity to function is covered by the regulations. However, a talking teddy bear that speaks a few phrases or makes limited sounds would not be covered, as it would still carry out its main function without electricity. Novelty items that have an electrical component (for example, musical greetings cards) would not be covered by the regulations.

Clothing that has an added function which depends on electricity (for example, flashing trainers, spinning bow ties and heated gloves) would also be excluded. Sports equipment that has electronic components or functions is still considered to be EEE, even if the electronic function is a secondary feature. This is because there is a specific sub-category in category 7 of the regulations to include Sports equipment with electric or electronic components.

Any EEE that uses more than 1,000 volts AC or 1,500 volts DC is exempt from the regulations. The limits refer only to the input currents and do not apply to any alterations made later to the internal voltage of the product. Any equipment that connects to the normal electrical power supply or normal industry standard of a three-phase supply should be considered to be covered by the regulations, no matter whether the internal voltage of the equipment has been altered.

If the product is not in one of the 10 product categories, it is not covered by the regulations. The 10 product categories listed in the WEEE Directive were created to cover all electrical and electronic equipment available at the time the directive was put together.

It may not always be clear if products new to the market, or products which use new technology, fit within the categories. In these cases, the purpose the product is used for will help decide which category it should be placed in. The 10 product categories are:

• Large household appliances

• Small household appliances

• IT and telecommunications equipment

• Consumer equipment

• Lighting equipment

• Electrical and electronic tools

• Toys, leisure and sports equipment

• Medical devices

• Monitoring and control instruments

• Automatic dispensers

An example of equipment that would not be covered by one of the 10 categories would be electric vehicles. As a result, electric-powered cars and vans would be exempt from the regulations. All 10 categories cover both household and non-household products. The first two categories include household in the title, this does not mean that similar products used or designed for non household use are excluded.

All products which fall into the above categories, regardless of whether they are used in a household on non household environment are covered by the regulations. For example industrial fridges in a retail outlet would be considered to be in category 1 (and reported in the sub category of Cooling Appliances).

Component manufacturers are not considered to be EEE producers for components they make and supply to a producer or re-brander who uses them to form a finished electrical product. This includes manufacturers of transistors, motors, wiring, diodes, capacitors or sub-assemblies.

Components that are sold as finished products and sold separately to the business or consumer and installed by the user (for example, a replacement sound card or disk drive for a PC) will be covered by the regulations.

Accessory items such as audio headphones, computer keyboards, antennas and connecting cables are considered to be finished products when they are sold. As a result, they are EEE.

Finished products that form part of an electrical system of products where the components of that system may be produced by different companies would be considered to be covered by the regulations. For example, a security system made up of a camera, monitor and alarm box would all be covered, even if each component of the system was made by a different company.

Arms, weapons, ammunition and other products used in warfare are exempt from the regulations. However, if a product is not specifically designed or meant for military purposes, the exemption does not apply. For example, computer, office or catering equipment supplied to the military or the security services would still come within the regulations.

If EEE is built into another product or structure that is not covered by the regulations and, as a result, loses its identity, original character or function so that it no longer falls into any of the 10 categories, it will be considered to be outside the regulations. For example, a car stereo is covered by the End of Life Vehicles (ELV) Directive and will not be within the WEEE Directive.

There is a specific exemption from the WEEE regulations for household luminaires. By “luminaire?, we mean lighting equipment, and this covers all domestic light fixtures and fittings, including table lamps, standard lamps, decorative and Christmas lights. This exemption also covers household garden and security lighting. Luminaires used in business or industry are not exempt. Torches are not considered to be “lighting equipment? and should be included in category 2. This exemption covers light fittings only. Bulbs (also known as lamps within the lighting industry) are considered separately (see table 1).

Note: household lighting equipment is not exempt from the RoHS regulations.

(except for large-scale industrial tools)

Large-scale stationary industrial tools (LSIT) are excluded from category 6. They can be defined as tools that are:

• A combination of several pieces of equipment, systems, finished products or components designed to be used in an industrial environment only;

• Put together by an assembler or installer at a given place and designed to be permanently fixed; and

• Put together at a given place to be used in a specific environment to perform a specific task.

Single, stand-alone tools would not be covered by this exemption. For example, lathes, milling machines and packing machines would be classed as EEE. Separate equipment that forms part of a LSIT (for example, display screens, control panels and so on) would still be classed as EEE.

There are not many examples of LSIT, but an offshore drilling platform, a wind farm or a car-manufacturing production line or similar purpose-built production line sold as a complete and specific piece of equipment would qualify.

(except for all implanted and infected products)

The producer should decide if the product will become contaminated during the course of being used. If they decide this may happen and can justify it, the product can be considered to be outside the regulations. If there is more than one item that together make a medical device, and only part of that device is likely to become infected, the non-infected part could still be classed as EEE. An example would be a transcutaneous electrical nerve stimulator (TENS) machine with an attachable probe. The TENS machine could be classed as EEE, but the probe would not be included as it is likely to become infected. Medical devices only covers devices used in human medicine. Veterinary medical devices and electrical equipment is likely to fall under a different category, depending on its function and purpose.

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