Electrical and Electronic Equipment Act

Transcription

1 Electrical and Electronic Equipment Act 1 Remarks Germany s Electrical and Electronic Equipment Act entered into force on 24 March It transposes EC directives 2002/96/EC on Waste Electrical and Electronic Equipment (WEEE Directive) 1 and 2002/95/EC on the restriction of the use of certain hazardous substances in electrical and electronic equipment (RoHS Directive). 2 The Act sets out producer responsibility requirements for waste electrical and electronic equipment (WEEE). These cover product design, disposal of waste equipment and organisational issues such as registration with the competent authorities, provision of guarantees and specific reporting obligations. Registration also includes checking whether waste equipment falls within the scope of the Act. Thus, the key question has to be: Is an item electrical or electronic equipment as defined in the Electrical and Electronic Equipment Act? Selecting a category can prove difficult in some cases. This guide is thus designed to assist producers and competent authorities in deciding whether a piece of equipment falls within the scope of the Electrical and Electronic Equipment Act. The guide has no legally binding character: once responsibility has been designated to it, the Clearing House will, in the course of producer registration and in case of doubt, decide whether or not a piece of equipment falls within the scope of the Act. With this guide published on its web site ( the Federal Environment Ministry has complied with a Bundesrat request to the German government (see Stellungnahme des Bundesrates and Gegenäußerung der Bundesregierung in Bundestags-Drucksache 15/4234). Because Germany s Electrical and Electronic Equipment Act transposes EU law, the contents of a guide on its scope must largely mirror the positions of other EU Member States and that of the European Commission. In particular, this includes the work done by the Technical Adaptation Committee (TAC) 3 established under Article 14 of the WEEE Directive and Article 7 of the RoHS Directive, which supports the Commission in aligning EU legislation on waste to take in scientific and technological 1 Directive 2002/96/EC of the European Parliament and of the Council of 27 January 2003 on waste electrical and electronic equipment (WEEE) 2 Directive 2002/95/EC of the European Parliament and of the Council of 27 January 2003 on the restriction of the use of certain hazardous substances in electrical and electronic equipment (RoHS) 3 Committee for the adaptation to scientific and technical progress of EG legislation on waste

2 advancements. The TAC comprises Member State representatives and meets on a regular basis. At the end of May 2005, the European Commission published a document online listing the most frequently asked questions on the scope of the WEEE and RoHS directives. 4 In the foreword, the Commission expressly states that the list is a living document and may be revised according to experience with implementation in the Member States and further development of European waste management policy. This also applies to this Guide to Germany s Electrical and Electronic Equipment Act which will be revised as and when necessary. Nevertheless, there remains an urgent need to provide those involved with timely answers to significant questions. The guide is built around the following procedure: The guide contains the wording of the legal provisions that form the basis for the Electrical and Electronic Equipment Act and its scope, with direct quotations contained in boxes. It explains the exceptions set out in the Act and provides examples to assist further understanding and definition. 2 Scope of the Electrical and Electronic Equipment Act Section 2 of the Electrical and Electronic Equipment Act defines the scope of the Act in implementing EC directives 2002/96/EC (WEEE Directive) and 2002/95/EC (RoHS Directive). By virtue of the scope of the RoHS Directive described in its Section 2 (1), the provisions contained in Article 2 (1) of the WEEE Directive also apply. These close substantive links and the explicit link between the provisions of the RoHS and the scope of the WEEE directives allow implementation of both directives under the Electrical and Electronic Equipment Act. Where necessary, differentiations and exceptions defined in the respective directives (e.g. exceptions concerning Category 8 and 9 in the RoHS Directive) have been adopted in the Electrical and Electronic Equipment Act. Under Section 5 of the Electrical and Electronic Equipment Act, equipment belonging to categories 8 and 9 are thus excluded from the ban on the use of equipment containing specific hazardous substances. The exception does not apply, however, to the remaining statutory obligations. The electrical and electronic equipment named in Section 2 (1) of the Electrical and Electronic Equipment Act is defined in its Section 3 (1). This provision must thus be taken into account when explaining the scope of the Act. In accordance with the provisions of the two EU directives, the provisions of the Electrical and Electronic Equipment Act apply to all electrical and electronic equipment irrespective of whether it is used for private or commercial purposes. Thus, the applicability check focuses not on this differentiation but rather on the basic question of whether specific equipment is covered by the provisions contained in the 4 index.htm

3 Act. The check comprises a list of seven criteria presented in question form and the answers to those questions decide whether or not a piece of equipment falls within the scope of the Act. The following questions must be answered in sequence. If the answer to a specific question shows that the product is not covered by the Act, the remaining questions need not be answered. Question 1 Question 2 Is the equipment dependent on electrical currents or electromagnetic fields in order to work properly or does it serve generation, transfer and measurement of such currents and fields? (Section 3 (1) 1 and 2 of ElektroG). Is the equipment designed for use with a voltage rating not exceeding 1000 volts for alternating voltage and 1500 volts for direct voltage (Section 3 (1) 2 of ElektroG) Question 3 Does the equipment fall under one of the ten categories? (Section 2 (1) 1 10 of ElektroG) Question 4 Question 5 Question 6 Question 7 Is the equipment expressly excluded from Annex I of ElektroG? (Annex I, ElektroG) Is the equipment part of equipment that does not fall within the scope of the Act? (Section 2 (1) first sentence of ElektroG). Does the equipment serve key security interests of the Federal Republic of Germany or is it solely intended for military purposes. (Section 2 (2) first sentence of ElektroG). Do any other legal provisions stipulate special requirements for the return, reuse or disposal of WEEE or for the use of specific substances contained in electrical and electronic equipment? (Section 2 (3) second sentence of ElektroG). 2.1 Question 1: Is the equipment dependent on electrical currents or electromagnetic fields in order to work properly or does it serve generation, transfer and measurement of such currents and fields? Section 3 (1) 1 and 2 of ElektroG states: (1) Electrical and electronic equipment means: 1. Equipment which is dependent on electric currents or electromagnetic fields in order to work properly. 2. Equipment for the generation, transfer and measurement of such currents and fields. Initial focus is placed on the definition of electrical and electronic equipment contained in Section 3 (1) 1 of the Electrical and Electronic Equipment Act. The wording matches the definitions contained in the WEEE and RoHS directives:

4 The wording dependent on electric currents or electromagnetic fields in order to work properly means that the equipment s primary function is dependent on electricity and not on fuels like petrol or gas Example: Lawn Mowers The primary function of a petrol-driven lawn mower is to mow a lawn. It is powered by a combustion engine rather than an electric motor. The electrical and electromagnetic systems (e.g. starter, ignition and safety features) needed to operate the combustion engine are covered by the wording unless it is part of another type of equipment not included in the scope of the Act contained in Section 2 (1) first sentence of the Electrical and Electronic Equipment Act Example: Solar-powered Equipment Equipment whose primary function is performed with the assistance of solar power say solar calculators, solar clocks, solar radios falls within the scope of the Act. In order to work properly, it is dependent on power from electrical currents or electromagnetic fields. (For comparison: solar power systems used to generate electricity for supply to households do not fall within the scope of the Act (Question 4)) Example: Toys Toys whose primary function is that of play and which are not powered by electricity (e.g. teddy bears that growl) do not fall within the scope of the Act. 2.2 Question 2: Is the equipment designed for use with a voltage rating not exceeding 1000 volts for alternating voltage and 1500 volts for direct voltage? Section 3 (1) 2 of the Electrical and Electronic Equipment Act states: (1) Electrical and electronic equipment means: 1. Equipment 2. Equipment which is designed for use with a voltage rating not exceeding 1000 volts for alternating voltage and 1500 volts for direct voltage. Stating the maximum voltage makes it clear that equipment which exceeds these voltages does not fall within the scope of the Act. Together with the justification in the Commission s proposal for a directive, this ensures exclusion of large industrial systems whose design features place them in the categories listed in Section 1 (1) of the Electrical and Electronic Equipment Act. The voltage limits match the maximum voltage stated in Article 1 of Council Directive 73/23/EEC of 19 February 1973 on the harmonisation of the laws of Member States relating to electrical equipment designed for use within certain voltage limits. The voltages stated refer to electrical input and output voltages, not to the voltage levels that might occur within the

5 equipment itself. 5 The voltage limits apply to equipment listed in Section 3 (1) 1 and 2 of the Electrical and Electronic Equipment Act Example: Equipment containing batteries Equipment with batteries meets the requirements set out in Section 3 (1) of the Electrical and Electronic Equipment Act. It does so because in order to work properly, it needs a voltage that lies within the range stated in Section 3 (1) 2 of the Act. This is intentional. The justification in the proposal for a directive on waste electrical and electronic equipment, the WEEE Directive, states that: However, as up to 90% of consumer batteries are integrated in electrical and electronic equipment without being removed by the consumer prior to disposal of the equipment, the separate collection of these [sic] equipment as foreseen under the WEEE Proposal constitutes an indispensable part of an efficient collection scheme for batteries. (p. 23). 2.3 Question 3: Does the equipment fall under one of the ten categories? (Section 2 (1) 1 of ElektroG) Section 2 (1) 1 10 of the Electrical and Electronic Equipment Act states: (1) The Act applies to electrical and electronic equipment in the following categories unless it is part of another type of equipment not included in the scope of the Act: 1. Large household appliances 2. Small household appliances 3. IT and telecommunications equipment 4. Consumer equipment 5. Lighting equipment 6. Electrical and electronic tools (with the exception of large-scale stationary industrial tools) 7. Toys, leisure and sports equipment 8. Medical products (with the exception of implanted and infectious products) 9. Monitoring and control instruments 10. Automatic dispensers With its categories and examples of equipment within each of those categories (see Annex I of ElektroG), the Electrical and Electronic Equipment Act follows the WEEE Directive. The categories present an exhaustive list of equipment categories (see justification for Section 2 of the Electrical and Electronic Equipment Act (Bundestags-Drucksache 15/3939, p.20). The definition large/small household appliances can be misleading. It was taken directly from the WEEE Directive. As can be seen from the definition contained in the WEEE Directive, similar large appliances used in industry and retail may also fall into these categories. The recitals in the WEEE Directive (Nos. 10 and 16), the justification in the Commission s proposal for a directive (concerning Article 2 of the WEEE Directive) and the EU 5 From EU Commission, Justification for the Proposal for a Directive of the European Parliament and of the Council on waste electrical and electronic equipment (COM (2000) 347 final, p. 30).

6 Commission s recent notes on the scope of application 6 make it clear that the directive is meant to apply to all privately and commercially used electrical and electronic equipment. For example, in the latter instance it is made clear that equipment used in the hospitality sector is not generally excluded from the scope of the WEEE Directive. It is not possible to assign a category to means of transport (aircraft, ships, motor vehicles, bicycles, etc.), forklift trucks and cranes, for example, so they are not covered by the Electrical and Electronic Equipment Act. 2.4 Question 4: Is the equipment expressly excluded from Annex I of the Electrical and Electronic Equipment Act? Section 2 (1) second sentence of the Electrical and Electronic Equipment Act states: Electrical and electronic equipment within the meaning of sentence 1 is listed in Annex 1. The equipment listed in the categories contained in Annex I to the Electrical and Electronic Equipment Act clearly falls within the scope of the Act. Equipment listed in Annex I is not equipment as defined in Section 3 (2) of the Electrical and Electronic Equipment Act. In contrast to the list of categories, the list of equipment is not exhaustive. Rather, it is a list of examples (see justification concerning Section 2 of the Electrical and Electronic Equipment Act, Bundestags-Drucksache 15/3930, p. 20, Recital No. 10 and 16 in the WEEE Directive, and the justification in the Commission s proposal for a directive concerning Article 2 of the WEEE Directive) and allows timely account to be taken of product changes in the market. In almost all categories, the open-ended nature is emphasised by the wording and other appliances/products/equipment. Apart from the extremely comprehensive scope set out in its Section 2 (2) and (3), the Electrical and Electronic Equipment Act contains a number of exceptions some taking the form of a further general description and others being more explicit. Explicit exceptions are governed by Section 2 (1) and (2) of the Electrical and Electronic Equipment Act and its Annex I: Lightbulbs and lamps in households (Annex I, No. 5 of ElektroG); these are subject to the substance bans set out in Section 5 of the Electrical and Electronic Equipment Act. Large-scale stationary industrial tools (Annex I, No. 6 of ElektroG). In the case of medical products, implanted and infectious products (Annex I, No. 8 of ElektroG). The exceptions are explained in more detail as follows. 6 index.htm: Frequently Asked Questions on RoHS and WEEE, page 6, Section 1.3 No. 3

7 2.4.1 Electrical Lightbulbs and Luminaries in Households Annex I No. 5 of the Electrical and Electronic Equipment Act states: 5. Lighting Equipment Luminaries for fluorescent lamps excluding luminaries in households Straight fluorescent lamps Compact fluorescent lamps High intensity discharge lamps, including pressure sodium lamps and metal halide lamps Other lighting or equipment for the purpose of spreading or controlling light with the exception of filament bulbs and luminaries in households Lighting equipment is used as the umbrella term for lights, including lamps. Because the word lamp is commonly used as a synonym for lighting equipment, industry definitions 7 are given to aid clarification. Lamp is defined as: Source made in order to produce an optical radiation, [sic] usually visible. Electric lamps are thus equipment that produces light through the use of electrical energy. Trade and retail brochures generally describe them as lighting. A lamp has a standardised base that fits the appropriate fitting on the luminary. Luminary is defined as: Apparatus which distributes, filters or transforms the light transmitted from one or more lamps and which includes, except the lamps themselves, all the parts necessary for fixing and protecting the lamps and, where necessary, circuit auxiliaries together with the means for connecting them to the electric supply. In Annex I to the Electrical and Electronic Equipment Act, Category 5: Lighting Equipment gives examples of equipment and cites exceptions Exception of Luminaries in Households The collective term luminaries in households is excluded from the scope of Category 5. However, Section 2 (1) third sentence of the Electrical and Electronic Equipment Act must be observed in the case of luminaries in households. Possible decisionmaking criteria concerning the scope of the Act include the place in which the luminary is used along with technical criteria. Living room lamps and desk lamps are typical of private households. Technical lighting such as operation theatre lighting is typical of non-private households. Thus, lighting used in trade, industry, administration and other areas which, due to its type and quantity (low, household-typical quantities), is similar to that in private households desk lamps used in doctor s practices, lawyer s offices, small businesses 7 IEC Multilingual Dictionary IEC 50 / CEE 17.4 (IEC = International Eletrotechnical Commission; CIE = International Commission on Illumination)

8 or the like, does not fall within the scope of the Electrical and Electronic Equipment Act. Christmas lights, for example, come under lamps in private households. The lamps used in this case are lightbulbs. The same applies for torches. To aid decisionmaking regarding place of use outside the private household, plausible documentation must be obtained as required under Section 6 (3) second sentence of the Electrical and Electronic Equipment Act Exception of Lightbulbs With the naming of the respective equipment, incandescent lamps are expressly excluded from the scope of the Act. An incandescent lamp, often referred to as a lightbulb, is an artificial light source in which an electrical conductor is heated by an electrical current to produce light. Halogen lamps are also incandescent lamps. Energy-saving lamps are not incandescent lamps but rather compact fluorescent lamps. These are not, therefore, covered by the exception. Section 2 (1) third sentence of the Electrical and Electronic Equipment Act must be observed in the case of lightbulbs, however Exception of Large-Scale Stationary Industrial Tools Section 2 (1) in conjunction with Annex I No. 6 of the Electrical and Electronic Equipment Act states: 6. Electrical and electronic tools (with the exception of large-scale stationary industrial tools) Drills Saws Sewing machines Equipment for turning, milling, sanding, grinding, etc. Large-scale stationary (see definition of fixed installation in Section 2.5, second box) industrial tools are generally excluded from Category 6. These include industrial robots and immobile machines such as stationary saws in carpentry workshops as opposed to mobile circular saws like those found on building sites, or a stationary machine tool used for drilling as opposed to a hand-held drill Exception of Implanted and Infectious Medical Products Section 2 (1) No. 8 in conjunction with Annex I No. 8 of the Electrical and Electronic Equipment Act states: 8. Medical products (with the exception of implanted and infectious products) The exception of implanted and infectious medical products arises from Section 2 (1) in conjunction with Annex I No. 8 of the Electrical and Electronic Equipment Act. In applying this exception, consideration must be given to the fact that the requirements for implanted and infectious products can only be met after the products have been

9 used in accordance with the regulations. In this regard, products designed for implantation do not fall within the scope of the Act. This is supported by the justification in the Commission s proposal concerning Article 2 of the WEEE Directive in which implants do not fall within the scope of the Directive. Infectious products are excluded from the scope of the Electrical and Electronic Equipment Act for health reasons. They pose a health risk of varying degrees in that infectious material can cause contamination. Management and handling of contaminated products is governed, among other things, by Germany s Biomaterials Ordinance (Biostoffverordnung), Animal Disease Control Act (Tierseuchenerregergesetz) and Infectious Disease Prevention Act (Infektionssuchtzgesetz), with decontamination being the ultimate aim. The hygiene guidelines on preparing medical products published by the Robert Koch Institute and the Federal Institute for Drugs and Medical Devices (BfArM) must also be observed. Equipment used in accordance with the regulations and in compliance with prevailing decontamination requirements which is no longer infectious thus falls within the scope of the Electrical and Electronic Equipment Act. Annex I, No. 8 of the Electrical and Electronic Equipment Act names dialysis equipment and laboratory equipment for in-vitro diagnosis as explicit examples of typical equipment covered by the Act. Both are subject to risk of contamination as a matter of course, whereby decontamination measures can be expected if used in accordance with the regulations. Correct management of infectious waste is described in, among other things, the Instructions Concerning the Avoidance and Disposal of Waste Generated by Public and Private Health Service Institutions published by the State Working Party on Waste (LAGA). In the case of private households, it cannot be assumed that contaminated products have been completely decontaminated prior to their disposal. For example, it cannot be ruled out that blood sugar monitors have been made infectious upon contact with blood. The exception from Category 8 of the Electrical and Electronic Equipment Act thus applies to equipment of this type. Blood pressure monitors do not normally come into contact with blood. They can be deemed non-infectious and thus fall within the scope of the Electrical and Electronic Equipment Act. 2.5 Question 5: Is the equipment part of equipment that does not fall within the scope of the Act? (Section 2 (1) first sentence of ElektroG) Section 2 (1) first sentence of the Electrical and Electronic Equipment Act states: (1) This Act applies to electrical and electronic equipment in the following categories unless it is part of another type of equipment not included in the scope of the Act: Equipment that matches the definition given in Section 3 (1) of the Electrical and Electronic Equipment Act and can be assigned to one of the ten categories listed in its

10 Section 2 (1) is nevertheless excluded from the scope of the Act if it is part of another type of equipment that is not covered by the Act. This is the case, for example, when the equipment is part of other equipment that cannot be assigned to a category based on the answer to Question 3. The same applies if the equipment is a part of another product that is not deemed equipment (e.g. a motor vehicle). It also applies, for example, if the equipment is part of a fixed installation. The Guidelines on the Application of the EMC Directive 8 contain a definition that can assist with interpretation: Fixed Installation, in the broadest sense, is defined as a combination of several [pieces of] equipment, systems, finished products and/or components 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 Example: Car radios Because means of transport do not fall within the scope of the Electrical and Electronic Equipment Act (see Question 3), equipment specifically designed for installation in aircraft, ships, trains, motor vehicles and other means of transport (e.g. bicycles) is not covered by the Act. Car radios, hands-free sets and similar equipment are sold purely for operation in vehicles and are not covered by the Act. As equipment installed in a passenger vehicle, these items are covered by the German Ordinance on the Transfer, Collection and Environmentally Sound Disposal of End-of-life Vehicles (End-of-life Vehicle Ordinance AltfahrzeugV) Example: Piano muting systems Electric music instruments (e.g. electric guitars and keyboards) belong to Category 4, while music instruments without any electrical features (e.g. acoustic guitars and pianos) are clearly not covered by the Electrical and Electronic Equipment Act. If, for example, a fully functioning acoustic piano is fitted with an electrical accessory (e.g. a muting system), the accessory falls within the scope of the Act because it is seen as a complete functioning unit. The installation of a muting system does not, however, make the acoustic piano electrical or electronic equipment as defined in the Electrical and Electronic Equipment Act Example: Ventilation and Air Conditioning Units Ventilation and air conditioning units installed as a permanent fixture of a building are part of the building s technical equipment to which the definition fixed installation applies and are thus excluded from the scope of the Electrical and Electronic Equipment Act. This applies, for example, to split air-conditioning units but not to mobile air-conditioning units. 8 Guidelines on the Application of Council Directive 89/33/EEC, amended by directives 91/263/EEC, 92/31/EEC, 93/68/EEC and 97/97/EEC in the version of 28 May 1997, Section ; p. 38

11 2.5.4 Example: Night storage heaters Heat storage units, e.g. night storage radiators, are Category 1 equipment as defined in the Electrical and Electronic Equipment Act. Because they meet the above definition of a fixed installation, they do not fall within the scope of the Act. Note: Special regulations such as Germany s Technical Instructions on Asbestos Demolition, Reconstruction and Maintenance Work (TRGS 519) apply to disposal of heat storage units that contain asbestos and chromium VI substances. As a source of hazardous asbestos, heat storage units must be disassembled and disposed of by qualified staff Example: Water heating equipment Water heating equipment which by design is directly connected to the water supply system and is subject to water pressure is deemed a fixed installation and does not fall within the scope of the Electrical and Electronic Equipment Act. Open, pressureless water heating equipment suited only to supplying water via a tap is separated from the water supply system by a unit (valve) and is not deemed a fixed installation (e.g. a 5 litre water boiler). 2.6 Question 6: Does the equipment serve key security interests of the Federal Republic of Germany or is it solely intended for military purposes? (Section 2 (2) first sentence of ElektroG) Section 2 (2) first sentence of the Electrical and Electronic Equipment Act states: This Act does not apply to electrical and electronic equipment that serves key security interests of the Federal Republic of Germany or is solely intended for military purposes. Section 2 (2) first sentence of the Electrical and Electronic Equipment Act transposes Article 2 (3) of Directive 2002/96/EC. The exception is also justified by Article 296 (1) b of the EC Treaty which allows Member States to take any measures they deem necessary to protect essential security interests where they involve the production of or trade in arms, munitions or war material. Security interests in this sense are interests of domestic and foreign security of the Federal Republic of Germany. For example, the justification in the draft legislation on Airport Control and Security (see Bundestags-Drucksache 15/3930, p. 21). Whether or not specific equipment is covered by the exception in Section 2 (2) first sentence of the Electrical and Electronic Equipment Act must be considered on a case-by-case basis. No general exception exists for equipment used by public authorities and organisations that perform security-related duties. Nevertheless, equipment that is specially designed for the specific needs of public authorities and organisations that perform security-related duties should be covered by the exception. On the other hand, baggage x-ray equipment, metal detectors and access systems are also used in private business. They are thus deemed dual-use equipment and are generally included in the scope of the Electrical and Electronic Equipment Act.

12 Equipment that is solely intended for military purposes is also excluded. This includes arms, munitions or war material. Equipment that can be used both in private households and in military institutions, and thus is not solely intended for military purposes, is included in the Electrical and Electronic Equipment Act. Typical equipment would include coffee machines, printers, scanners and vacuum cleaners. If equipment is listed in Regulation (EC) No 1334/2000 of 22 June 2000 regarding intra-community transfers and exports of dual-use items and technology then, if it does not serve key security interests of the Federal Republic of Germany, it can be deemed not solely intended for military purposes and subject to the provisions of the Electrical and Electronic Equipment Act. By way of contrast, equipment that is covered by the War Arms Control Act (KrWaffKontrG) is not covered by the Electrical and Electronic Equipment Act. 2.7 Question 7: Do any other legal provisions stipulate special requirements for the return, reuse or disposal of WEEE or for the use of specific substances contained in electrical and electronic equipment? (Section 2 (3) second sentence of ElektroG) Section 2 (3) second sentence of the Electrical and Electronic Equipment Act states: Other legal provisions stipulating special requirements for the return, reuse or disposal of WEEE or the use of specific substances contained in electrical and electronic equipment shall remain unaffected. Equipment whose sale, return, reuse or disposal is governed by other legal provisions is only covered by the Electrical and Electronic Equipment Act where other legal provisions contain no special requirements regarding its sale, return, reuse or disposal. Other legal provisions is this respect could include the End-of-Life Vehicle Ordinance (Altfahrzeugverordnung) and the Battery Ordinance (Batterieverordnung) Example: Batteries The design of new batteries and the disposal of used batteries is governed by the Ordinance on Collection and Disposal of Used Batteries (Battery Ordinance, or BattV). Like the End-of-Life Vehicle Ordinance, the Battery Ordinance contains special requirements that take precedence over the Electrical and Electronic Equipment Act. Equipment that contains a fixed battery is, however, covered by the Electrical and Electronic Equipment Act. According to its Annex III, these batteries must be separated during treatment and disposed of in accordance with the Battery Ordinance. 3 Special Differentiation 3.1 Components / Single Units The legally binding producer responsibilities are linked to the sale of equipment as defined in the Electrical and Electronic Equipment Act. Producers of components for such equipment are, however, only indirectly affected e.g. by virtue of the provisions on restricting use of hazardous substances which equipment producers

13 must comply with. It thus appears necessary to further differentiate between actual equipment and components. In deciding whether a component constitutes actual equipment or is a component, it can help to consider whether or not the product serves an independent function. If components installed in equipment constantly serve a specific function, they do not necessarily have a constant independent function in their own right. For example, a transistor installed in a printed circuit board works as an amplifier but it is only the complete board that meets end-user needs as anticipated by the producer say amplification of a specific signal. The transistor serves no independent function and cannot be seen as equipment but rather as a component. Similar examples of components with no independent function are electrical or electronic components in electrical or electronic circuits (resistors, condensers, coils, diodes, transistors, thyristors, triacs), cable for fixed installations, circuit relays, plugs, sockets, connection panels, LEDs, liquid crystal displays. Such components with no independent function are not equipment in the sense of the Electrical and Electronic Equipment Act. It is the equipment in which the component is installed that fulfils the expected independent function under the regulations. This is in contrast to equipment with an independent function such as boards for computer systems or input/output modules for computers which are sold for installation by the end user. Such boards, as soon as they have been placed inside a personal computer (PC), have an individual function for the user. Similar examples of equipment with independent functions include microprocessor cards, cards for motherboards, modem cards, harddrives and floppy disk drives for computers. These must be deemed equipment and are thus covered by the provisions of the Electrical and Electronic Equipment Act. 3.2 Printer Cartridges The European Commission deems 9 printer cartridges such as ink-jet and toner cartridges as consumables. This includes ink or toner containers that require no electricity in order to work properly. Ink and toner containers could, however, be relevant in terms of printer disposal. If they are disposed along with the equipment, they must be checked in accordance with Section 11 (1) of the Electrical and Electronic Equipment Act (reuse) whose Annex III requires that equipment containing toner cartridges receive selective treatment. 3.3 CDs and CD-ROMs CDs and CD-ROMs have no electrotechnical function and do not fall within the scope of the Electrical and Electronic Equipment Act. 9

14 3.4 Telephone Cards and Credit Cards According to the European Commission, telephone cards, credit cards and similar can also be deemed consumables and are not covered by the scope of the EU directives. In particular, they are not deemed other products and equipment for the collection, storage, processing, presentation or communication of information by electronic means as listed in Category 3.