Take a look a at this I received this morning regarding WEEE and lighting.
What a poorly written waste of time!
What a poorly written waste of time!
DTI said:WEEE Regulations scope: Luminaires
The Department of Trade and Industry (DTI) is not in a position to provide legally binding advice on the scope or any other issue connected with the WEEE Directive and the UK WEEE Regulations. The Regulations themselves constitute the law and, in the absence of any definitive ruling by the courts on the interpretation of specific provisions, any views we offer are simply guidance based on the policy behind the legislation.
That said I hope the following will be of assistance:
(a) Non-domestic fluorescent luminaires: fall within the scope of the UK WEEE Regulations by virtue of the first indent of category 5 of Annex IB of the WEEE Directive;
(b) Domestic fluorescent luminaires: fall outside the scope of the WEEE Directive by virtue of the first indent of category 5 of Annex IB as "luminaires in households",
(c) Non-domestic non-fluorescent luminaires: these are included within the last indent of category 5 of Annex IB as part of "other lighting or equipment..." (but with any filament bulbs specifically excluded) so they are within the scope of the WEEE Regulations.
(d) Domestic non-fluorescent luminaires: Scope is arguably less clear under the WEEE Regulations. We have considered whether the exclusion in the first indent of category 5 of Annex IB of the WEEE Directive is intended to apply to all domestic luminaires or only to domestic fluorescent luminaires (see (b) above). We take the view that the former interpretation is better. This is supported by the EC’s Frequently Asked Questions document, (originally published May 2005 and most recently revised August 2006), makes it clear – in entry 4 of the table in section 1.3 on page 7 – that the intention of the Commission was to exclude “all types of luminaires in households” from the scope of the WEEE Directive through the first indent of category 5 of Annex 1B.
In conclusion, we take the view that only non-household luminaires are within the scope of the WEEE Directive.
Filament lamps as a product in their own right are outside the scope of the WEEE Directive (by virtue of the exemption for filament bulbs (sic) in the last indent of category 5 of Annex 1B), but non-household luminaires are within the scope of the WEEE Directive regardless of whether or not they embody filament or fluorescent lamps.
The principle of dual purpose helps underline this conclusion. A luminaire that is designed for household or non-household use could be said to have a dual purpose. We take the view that where a luminaire is designed for such a dual purpose, the fact that one of those purposes is non-household will place it within scope of the WEEE Directive.