Decision tree
Is the product put on the market?
The WEEE Regulations, with one exception, only apply to products that are put on the market in the EU.
In identifying whether electrical or electronic equipment has been 'put on the market', we will follow the principles in the European Commission's 'Guide to the Implementation of Directives based on the New Approach and the Global Approach' commonly referred to as the blue guide (PDF, 724 Kb) .
For an item to be put on the market in the EU it has to be made available for the first time in the EU. This is considered to take place when a product is transferred from the stage of manufacture or by import, with the intention of distribution or use in the EU.
Making available can be for payment or free of charge and based on any type of legal instrument.
The product is transferred either when the physical hand-over or the transfer of ownership takes place.
Examples of transfer 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 piece of equipment and not to a type, range or model of a given product.
You will not have put electrical or electronic equipment on the UK market where:
- Products are manufactured in house for your own use
- Prototypes and samples for demonstration are produced, unless these are supplied to a customer for use in which case they are likely to have been put on the market
- Products are manufactured in the UK and exported outside the EU
Member states for the purposes of the WEEE Regulations includes all EU member states plus Iceland, Norway and Liechtenstein.
Read more about EEA Member States.
If your product was put on the EU market in the UK you need to check if your item is a finished product.
If your product was not put on the EU market in the UK, it does not need to comply with the RoHS Regulations. However, if your product is placed on the market in another member state then it will need to comply with that states local regulations.
