Has your product been 'put on the market?' Your answer may be critical for working out if the WEEE Regulations apply to you
Why is it important?
Only products that have been 'put on the market' in the UK fall inside the scope of the Regulations.
To work out the meaning of 'put on the market' we'll follow the principles in the European Commission's 'Blue Book' guide.
Is it made available in the UK?
For an item to be put on the market in the UK it must be made available for the first time in the UK.
This takes place when a product is transferred from manufacture, or import, with the intention of distribution or use in the UK.
Making an item 'available' can be for payment, or free of charge, and based on any type of legal instrument. It also includes second-hand items which have not previously been put on the market in the UK.
Has there been a transfer of ownership?
The product is transferred either when the physical hand-over or the transfer of ownership takes place.
Examples include:
- sale, loan, hire, leasing and gift
- from a UK manufacturer to a distributor in the UK;
- from a UK manufacturer to the final consumer or user in the UK;
- from a manufacturer outside the UK to an importer in the UK, or to the person responsible for distributing the item in the UK;
- direct from a manufacturer, or authorised representative, to the final user or consumer.
These principles apply to each individual item, not to a type of product.
Not 'on the market'
The item hasn't been put on the market if:
- a product is manufactured for in-house use only
- prototypes and samples for demonstration are produced (unless supplied to a customer for use)
- a product is manufactured in the UK but exported outside the UK
On the market outside the UK
If your product has been put on the market outside the UK you don't need to comply with the WEEE Regulations.
The only exception is if you're based in the UK and put an item on the market by distance communication in another Member State.
Member States, for the purposes of the WEEE Regulations, include all EU Member States plus Iceland, Norway and Liechtenstein.
Is it the item a final product?
If your product has been put on the market in the UK, check if your product is a final product, a spare, sub-assembly or a component.
Don't need to comply with the WEEE Regulations?
Find out the kind of documentation you might want to keep to support your decision.
More information
Contact
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