2. What makes WEEE and RoHS Directives important?
There is a growing concern over environmental and health-related problems associated with the increased consumption rates and growing volumes of post-consumer waste from electronic and electrical equipment.

It is important for Malaysian companies to fully understand the directives because electrical and electronic products represent Malaysia’s major exports to the EU. By keeping abreast with the standards and legislations and complying with them, Malaysian companies will not only enhance their competitiveness but also protect themselves from any penalties imposed by the EU for non-compliance.

3. What happens if manufacturers do not comply with WEEE and RoHS?
Penalties such as fines and sales ban by the EU authorities will be imposed on manufacturers who fail to comply with WEEE and RoHS. Watchdog associations maybe invited by competitors to look for non-compliant manufacturers to avoid competitive advantages from wrongful market practices. Additionally, special devices will be used to scan electrical and electronic products for hazardous substances exceeding the limits stipulated under RoHS.

4. Which products fall under WEEE and RoHS?
There are two elements defining the product scope which are:

• 10 categories of electrical and electronics equipment
• Appliances using electricity or electromagnetic fields

It is important to determine the product scope because:

• It defines the impact to manufacturer/producer.
• It defines the cooperation between producer and the registry authorities.
• It determines the necessary guarantees.
• It identifies WEEE collection groups (for coordination of collection).
• It determines the recycling targets imposed on producer.

5. What are the 10 product categories covered by WEEE and RoHS?
The 10 categories of products are:

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 devices (with the exception of all implanted and infected products)
9. Monitoring and control instruments
10. Automatic dispensers

Under the WEEE Directive, the term ’equipment’ would cover equipment which is dependant on electric currents or electromagnetic fields and equipment generating, transferring or measuring electric currents or electromagnetic fields, provided:

• The voltage rating does not exceed 1,000 Volt (altering voltage) or 1,500 Volt (direct voltage)
• It is not part of another type of equipment (which does not belong to any of the 10 product categories within the scope of the WEEE Directive).

6. What are the substances considered hazardous under RoHS?
There is a ban of the following hazardous substances that exceed certain set limits under the RoHS Directive for new electrical and electronics equipment:

1. Lead
2. Mercury
3. Cadmium
4. Hexavalent chromium
5. Polybrominated biphenyls (PBB)
6. Polybrominated diphenyl ethers (PBDE)

It should also be noted that the directive does not address spare parts, and repair and reuse of equipment put on the market before 1 July 2006.

7. Who are considered as manufacturers/producers under WEEE and RoHS?
A manufacturer who produces electrical and electronic equipment and places them under his brand on the EU market is considered as ‘manufacturer/producer’.
Initial importers of electrical and electronic equipment for distribution in the EU market are also considered as ‘producers’.

A brand-reseller who sells electrical and electronic equipment (produced by other suppliers/manufacturers) under his own brand name is also considered as ‘manufacturer’. However, such companies would not be considered as manufacturers if the brand of the producer/supplier already appears on the electrical and electronic equipment.

8. What are the manufacturer’s responsibilities under WEEE and RoHS?
Responsibilities of a manufacturer may be divided into primary and secondary obligations.

Primary obligations of a manufacturer include:

• Pick up historic and new WEEE from private households at the municipality collection points;
• Take back new WEEE from commercial customers;
• Treating, recycling and recovering all WEEE taken back in accordance with the new legal provisions;
• Guarantees for financing the management of new WEEE from private households (in some EU member states e.g. Germany, Italy and Portugal);
• Product design (to facilitate in re-use, dismantling, recycling and recovery);
• Ban of hazardous substances.

Secondary obligations are as follows:

• Registration;
• Using the registration number in written business communications(in Germany only);
• Reporting (vis-à-vis the Clearing Houses);
• Providing information about the separation, collection and disposal of WEEE (vis-à-vis consumers);
• Treatment facilities: providing information on treatment of new WEEE;
• Markings on EEE: producer’s identification, date of manufacture and crossed-out wheeled waste bin symbol.
• Cost of collection, treatment and disposal of historic WEEE (this is voluntary vis-à-vis purchasers/importers).

9. What are the requirements of product labeling?
There are 3 elements of labeling:

1. Crossed-out wheeled waste bin (B2C electrical and electronic equipment only);
2. Date of putting product on the market (on all electrical and electronic equipment);
3. Identification of the producer/manufacturer (on all electrical and electronic equipment).

10.Is there a special mark or stamp that must be used to identify WEEE and RoHS compliant products?
All products that are compliant with the WEEE Directive will carry the following mark

All products entering the EU market after 1 July 2006 will be considered to be RoHS compliant (though no special mark or stamp is required).

11.What kind of cooperation can manufacturers establish with EU partners?
There are a number of cooperation arrangements such as:

1. The non-EU manufacturer may ask the EU distributor to assume full responsibility in complying with the WEEE Directive.
2. Shared responsibility: EU distributor will register while manufacturer will organise take-back and recycling.
3. The non-EU manufacturer will assume full responsibility for everything.

Each arrangement requires an agreement between the two sides.

12. Is there a standard Compliance Scheme that covers all EU Member States?
There are different types of Compliance Schemes (CS), depending on the market. In certain markets (e.g. Belgium, Sweden, Greece), manufacturers have to use the one and only CS in place. They also have to accept the CS pricing system. In Greece, however, manufacturers deal with only one party since the CS also assumes the role of the national registry.

In the markets of other member states (e.g. Austria and Spain), the CS would have to be approved by national authorities where certain requirements need to be fulfilled.

Meanwhile, CS in competitive markets (e.g. Germany) would present manufacturers with a choice among all existing providers, for take-back and recycling of WEEE. Furthermore, no separate approval of service providers is required.

13. How can I obtain a copy of the WEEE and RoHS Directives?
The WEEE and RoHS Directives can be found on the following websites:

For WEEE
http://europa.eu.int/comm/environment/waste/weee_index.htm

For RoHS
http://europa.eu.int/eur-lex/pri/en/oj/dat/2003/l_037/l_03720030213en00190023.pdf