- All guides
- WEEE 2012/19/EU: scope, marking, EPR and 2026 review
WEEE 2012/19/EU: scope, marking, EPR and 2026 review
Directive 2012/19/EU on waste electrical and electronic equipment was adopted on 4 July 2012, published in the Official Journal on 24 July 2012 and entered into force on 13 August 2012. It recast Directive 2002/96/EC and, since 15 August 2018, applies to all electrical and electronic equipment unless specifically excluded. It was last amended by Directive (EU) 2024/884, which moved the financing cut-off dates for photovoltaic panels and open-scope equipment, updated the marking standard to EN 50419:2022, and obliges the Commission to decide on a revision by 31 December 2026. This guide reads the consolidated text article by article: scope, the six Annex III categories, who counts as a producer, registration and authorised representatives, financing, marking, interaction with RoHS and the Battery Regulation, and what is on the table for 2026.
Key dates
Section titled “Key dates”| Date | Event | Source |
|---|---|---|
| 27 January 2003 | Directive 2002/96/EC adopted (together with RoHS 2002/95/EC) | OJ L 37, 13.2.2003 |
| 13 August 2005 | Financing and marking cut-off for equipment in the original scope (Articles 12, 13, 15(2)) | Directive 2012/19/EU |
| 4 July 2012 | Recast Directive 2012/19/EU adopted | OJ L 197, 24.7.2012 |
| 13 August 2012 | Entry into force; photovoltaic panels enter the scope (category 4 of Annex I) | Article 26, recital 2 of 2024/884 |
| 14 February 2014 | Transposition deadline; 2002/96/EC repealed from 15 February 2014 | Articles 24 and 25 |
| 2016 | Minimum collection rate of 45 % | Article 7(1) |
| 15 August 2018 | Open scope: all EEE, classified in the six categories of Annex III | Article 2(1)(b) |
| 2019 | Minimum collection rate of 65 % of EEE placed on the market, or 85 % of WEEE generated | Article 7(1) |
| 25 January 2022 | Court of Justice, Case C-181/20: Article 13(1) invalid for photovoltaic panels placed on the market between 13 August 2005 and 13 August 2012 | Recital 4 of 2024/884 |
| 13 March 2024 | Directive (EU) 2024/884 adopted (OJ, 19 March 2024) | 2024/884 |
| July 2025 | Commission evaluation of the WEEE Directive published | Commission WEEE page |
| 18 August 2025 | Waste batteries move to Chapter VIII of Regulation (EU) 2023/1542; Directive 2006/66/EC repealed | Articles 95 and 96 of 2023/1542 |
| 9 October 2025 | Transposition deadline of Directive (EU) 2024/884 | Article 2 of 2024/884 |
| 10 December 2025 | Proposal COM(2025) 983 to suspend Article 17(2) until 1 January 2035 | COM(2025) 983 |
| 31 December 2026 | Deadline for the Commission to assess the need for a revision | Article 24a |
History: from 2002/96/EC to the 2012/19/EU recast
Section titled “History: from 2002/96/EC to the 2012/19/EU recast”Directive 2002/96/EC, adopted on 27 January 2003 alongside its twin RoHS Directive 2002/95/EC, introduced extended producer responsibility (EPR) for electrical and electronic equipment: separate collection of household WEEE, producer financing of collection and treatment, and the crossed-out wheeled bin. Its quantified target was a separate collection rate of at least 4 kg per inhabitant per year of household WEEE by 31 December 2006. The transposition deadline was 13 August 2004 (Annex XI, Part B of 2012/19/EU).
Directive 2002/96/EC covered ten categories listed in its annex. Directive 2012/19/EU kept those ten categories as Annex I for a transitional period from 13 August 2012 to 14 August 2018: large household appliances, small household appliances, IT and telecommunications equipment (one category), consumer equipment and photovoltaic panels, lighting equipment, electrical and electronic tools, toys, leisure and sports equipment, medical devices, monitoring and control instruments, and automatic dispensers.
The recast made five changes that matter for a manufacturer:
- Open scope from 15 August 2018: all EEE is covered unless Article 2(3) or 2(4) excludes it.
- Six categories (Annex III) replacing the ten, with recovery targets per category (Annex V, Part 3).
- Collection rates of 45 % from 2016 and 65 % from 2019 (or 85 % of WEEE generated), replacing the 4 kg target, which continued until 31 December 2015 (Article 7(1)).
- Distance sellers became producers in the country they sell to (Article 3(1)(f)(iv)) and must register there (Article 16(1)).
- Authorised representatives (Article 17) and a common list of registration and reporting data (Annex X), later given a common format by Implementing Regulation (EU) 2019/290.
Scope: what is in and what is out
Section titled “Scope: what is in and what is out”"EEE" means equipment dependent on electric currents or electromagnetic fields, or equipment for generating, transferring and measuring them, designed for use with a voltage rating not exceeding 1 000 V AC and 1 500 V DC (Article 3(1)(a)). Since 15 August 2018 everything meeting this definition is in scope unless excluded:
| Exclusion | Provision | Applies |
|---|---|---|
| Equipment necessary for the essential security interests of Member States, including arms, munitions and war material for military purposes | Article 2(3)(a) | Since 2012 |
| Equipment specifically designed and installed as part of another type of equipment that is excluded or out of scope, and that can only function as part of it | Article 2(3)(b) | Since 2012 |
| Filament bulbs | Article 2(3)(c) | Since 2012 |
| Equipment designed to be sent into space | Article 2(4)(a) | From 15 August 2018 |
| Large-scale stationary industrial tools | Article 2(4)(b) | From 15 August 2018 |
| Large-scale fixed installations (except equipment not specifically designed and installed as part of them) | Article 2(4)(c) | From 15 August 2018 |
| Means of transport for persons or goods, except electric two-wheel vehicles that are not type-approved | Article 2(4)(d) | From 15 August 2018 |
| Non-road mobile machinery made available exclusively for professional use | Article 2(4)(e) | From 15 August 2018 |
| Equipment designed solely for research and development, made available only business to business | Article 2(4)(f) | From 15 August 2018 |
| Medical devices and in vitro diagnostic devices expected to be infective before end of life, and active implantable medical devices | Article 2(4)(g) | From 15 August 2018 |
The definitions in Article 3(1)(b) and (c) are narrow: a large-scale stationary industrial tool is installed and de-installed by professionals and used in an industrial manufacturing or R&D facility; a large-scale fixed installation is assembled by professionals, intended to be used permanently as part of a building or structure, and can only be replaced by the same specifically designed equipment. A product sold to installers as a standalone unit rarely meets either definition.
The six categories (Annex III) and their recovery targets (Annex V)
Section titled “The six categories (Annex III) and their recovery targets (Annex V)”Annex III sets the categories; Annex IV gives a non-exhaustive list of examples; Annex V, Part 3 sets the minimum targets that producers must meet from 15 August 2018 for WEEE separately collected and sent for treatment (Article 11).
| Category (Annex III) | Examples listed in Annex IV | Recovered | Prepared for re-use and recycled |
|---|---|---|---|
| 1. Temperature exchange equipment | Refrigerators, freezers, air conditioning, dehumidifiers, heat pumps, oil-filled radiators | 85 % | 80 % |
| 2. Screens, monitors, and equipment containing screens with a surface greater than 100 cm2 | Screens, televisions, LCD photo frames, monitors, laptops, notebooks | 80 % | 70 % |
| 3. Lamps | Straight and compact fluorescent lamps, high intensity discharge lamps, low pressure sodium lamps, LED | n/a | 80 % recycled |
| 4. Large equipment (any external dimension more than 50 cm) | Washing machines, cookers, luminaires, large printing machines, copying equipment, large medical devices, large monitoring and control instruments, photovoltaic panels | 85 % | 80 % |
| 5. Small equipment (no external dimension more than 50 cm) | Vacuum cleaners, microwaves, kettles, smoke detectors, thermostats, small tools, small medical devices, electronic toys, small equipment with integrated photovoltaic panels | 75 % | 55 % |
| 6. Small IT and telecommunication equipment (no external dimension more than 50 cm) | Mobile phones, GPS, pocket calculators, routers, personal computers, printers, telephones | 75 % | 55 % |
Three reading rules come from the annex itself. Categories 4 and 5 "do not include equipment included in categories 1 to 3", so a large screen stays in category 2 and a large heat pump stays in category 1. Category 5 also excludes category 6, so small IT and telecom equipment goes to 6. And the 50 cm threshold applies to any external dimension: one side above 50 cm moves the product to category 4.
Article 5(1) names the streams Member States must prioritise for separate collection: temperature exchange equipment containing ozone-depleting substances and fluorinated greenhouse gases, fluorescent lamps containing mercury, photovoltaic panels, and small equipment in categories 5 and 6.
Who is the producer (Article 3(1)(f))
Section titled “Who is the producer (Article 3(1)(f))”WEEE obligations fall on the "producer", and the definition is per Member State. One company can be a producer in several countries at once, and a foreign manufacturer may not be the producer at all.
| Limb | Who | Typical case |
|---|---|---|
| (i) | Established in a Member State, manufactures EEE under its own name or trademark, or has it designed or manufactured and markets it under its name in that Member State | Brand owner in its home country |
| (ii) | Established in a Member State and resells there, under its own brand, equipment made by others (not if the original producer brand appears on the equipment) | Private label |
| (iii) | Established in a Member State and places on that market, on a professional basis, EEE from a third country or another Member State | Importer or intra-EU distributor bringing goods in |
| (iv) | Sells EEE by distance communication directly to households or other users in a Member State, while established in another Member State or in a third country | Cross-border online seller |
Whoever exclusively provides financing is not a producer unless also acting under (i) to (iv). "Placing on the market" means the first making available on the market within the territory of a Member State on a professional basis (Article 3(1)(k)).
Registration, reporting and authorised representatives (Articles 16 and 17)
Section titled “Registration, reporting and authorised representatives (Articles 16 and 17)”Each Member State keeps a register of producers, including distance sellers (Article 16(1)). Distance sellers under limb (iv) register in the Member State they sell to; if they are not registered there themselves, they register through an authorised representative under Article 17(2). National registers must link to each other on their websites (Article 16(2)(d)) and authorities must cooperate (Article 18), but there is no single EU register.
Annex X lists what is filed. On registration (Part A): name and address of the producer or authorised representative, national identification code and tax number, Annex I or III category, household or non-household type, brand name, how the producer meets its responsibilities (individual or collective scheme, including the financial guarantee), selling technique, and a declaration of truth. For reporting (Part B): quantity of EEE placed on the national market by weight and category, and quantities separately collected, recycled, recovered and disposed of. Implementing Regulation (EU) 2019/290 sets the common format; the reporting frequency is set nationally within that framework.
Article 17 has two different rules that are often merged:
| Paragraph | Who | Obligation |
|---|---|---|
| 17(1) | Producer under limbs (i) to (iii) established in another Member State | Member States must allow it to appoint an authorised representative on their territory |
| 17(2) | Distance seller under limb (iv) established in a Member State, selling into another Member State where it is not established | Its home Member State must ensure it appoints an authorised representative in the destination Member State |
| 17(3) | Any appointment | By written mandate |
The Commission noted in December 2025 that, in Germany, around 66 % of WEEE producers use an authorised representative (SWD(2025) 990). Germany runs its register through Stiftung EAR. The United Kingdom applies its own Waste Electrical and Electronic Equipment Regulations 2013 (SI 2013/3113).
Financing and EPR (Articles 12 and 13, as amended in 2024)
Section titled “Financing and EPR (Articles 12 and 13, as amended in 2024)”For household WEEE (Article 12), producers finance at least the collection, treatment, recovery and environmentally sound disposal of WEEE deposited at the collection facilities. Each producer is responsible for waste from its own products and may act individually or through a collective scheme. When placing a product on the market, it must provide a guarantee that the management of all WEEE will be financed: participation in an appropriate financing scheme, a recycling insurance or a blocked bank account (Article 12(3)). Waste from products placed on the market on or before 13 August 2005 ("historical waste") is financed by all producers present on the market when the costs occur, in proportion to market share for example (Article 12(4)).
For non-household WEEE (Article 13), producers finance collection and treatment, but producers and professional users may conclude agreements on other financing methods (Article 13(2)). Historical waste replaced by new equivalent products is financed by the producer of the new products when supplying them, unless the Member State shifts it, partly or totally, to the user; other historical waste is financed by the user.
Directive (EU) 2024/884 rewrote the cut-off dates in both articles after the Court of Justice found the retroactive financing of photovoltaic panels invalid (C-181/20):
| Equipment | Producer finances WEEE from products placed on the market | Mark of Article 15(2) required from |
|---|---|---|
| EEE in the original scope (Article 2(1)(a)), other than photovoltaic panels | After 13 August 2005 | After 13 August 2005 |
| Photovoltaic panels | From 13 August 2012 | 13 August 2012 |
| Open-scope EEE (in scope only through Article 2(1)(b)) | From 15 August 2018 | 15 August 2018 |
Fee modulation is not in the WEEE Directive itself. It comes from Article 8a(4)(b) of the Waste Framework Directive, inserted by Directive (EU) 2018/851: in collective schemes, producer contributions are modulated where possible by durability, reparability, re-usability, recyclability and the presence of hazardous substances. Schemes set up before 4 July 2018 had to comply by 5 January 2023. Article 14(1) of the WEEE Directive separately lets Member States require producers to show buyers the cost of collection, treatment and disposal at the time of sale (the "visible fee"), capped at the best estimate of actual costs.
For a cross-cutting view of CE marking and the interaction with other European regimes, see the CE marking guide and the CE marking scope page.
Distributor take-back: 1-for-1 and 1-for-0
Section titled “Distributor take-back: 1-for-1 and 1-for-0”Independently of producer financing, Article 5(2) obliges distributors to take back household WEEE. The threshold that separates the two regimes is read wrongly more often than any other figure in the directive.
| 1-for-1 (Article 5(2)(b)) | 1-for-0 (Article 5(2)(c)) | |
|---|---|---|
| Trigger | The end-user buys a new product | No purchase required |
| Condition on the returned item | Equivalent type, same functions as the item supplied | Very small WEEE: no external dimension more than 25 cm |
| Which shops | Distributors supplying new EEE | Retail shops with sales areas relating to EEE of at least 400 m2, or in their immediate proximity |
| Cost to the end-user | At least free of charge | Free of charge |
| National leeway | Member States may derogate if returning WEEE is not made more difficult and stays free | Not required where a public assessment shows alternative schemes are at least as effective |
The 400 m2 is the sales area relating to EEE, not the floor area of the shop. A large supermarket with a small electronics aisle can fall outside the 1-for-0 obligation while a dedicated electronics retailer of the same EEE sales area falls inside it. The collection point may sit in the immediate proximity of the shop rather than inside it. Under Article 5(2)(e), WEEE that presents a health and safety risk because of contamination may be refused.
Household (B2C) versus professional (B2B) WEEE
Section titled “Household (B2C) versus professional (B2B) WEEE”Article 3(1)(h) defines "WEEE from private households" as waste from households plus waste from commercial, industrial, institutional and other sources that is similar in nature and quantity. The last sentence settles dual-use products: waste from EEE likely to be used by both private households and other users shall in any event be considered household WEEE. That is the text, not a prudence rule invented by producer responsibility organisations.
The classification decides which financing article applies (12 or 13), what is declared at registration (Annex X, Part A, point 4: household or other than household equipment), and whether the financial guarantee of Article 12(3) is needed. A product sold through professional channels but usable in homes (a small inverter, a connected lighting controller, a desktop printer) is household equipment under this sentence. Document the actual users and channels in the product file before declaring B2B.
The crossed-out wheeled bin and the date mark (Articles 14(4), 15(2), Annex IX)
Section titled “The crossed-out wheeled bin and the date mark (Articles 14(4), 15(2), Annex IX)”Two distinct marking obligations exist, and the directive points to the same standard for both:
- Article 14(4): producers mark EEE with the crossed-out wheeled bin of Annex IX, preferably in accordance with EN 50419:2022. In exceptional cases, where size or function make it necessary, the symbol is printed on the packaging, on the instructions for use and on the warranty.
- Annex IX: the symbol must be printed visibly, legibly and indelibly.
- Article 15(2): a mark on the EEE must show that it was placed on the market after 13 August 2005 (13 August 2012 for photovoltaic panels, 15 August 2018 for open-scope EEE), preferably applying EN 50419:2022.
- Link to financing: Article 12(3) requires producers to clearly mark their products in accordance with Article 15(2), which is what lets a treatment operator tell new waste from historical waste.
EN 50419 was first adopted by CENELEC in March 2006; the revised edition updating its references to Directive 2012/19/EU was adopted in July 2022, and Directive (EU) 2024/884 switched both articles to it (recital 10). Under EN 50419, as explained by the Irish national producer register, the date mark is either a solid bar below the bin, containing no text, or the date of manufacture or placing on the market, in plain text or in a code made available to treatment facilities. The standard also covers identification of the producer, which can be a brand name, trademark or company registration number; the recast directive itself only requires the date mark, so producer identification beyond the symbol comes from the standard and from national law.
Directive 2012/19/EU is listed in Annex I of Regulation (EU) 2019/1020 on market surveillance (point 42), so the market surveillance powers of that regulation apply to it. Article 15(1) adds an information duty that design teams often miss: within one year of placing each new type of EEE on the Union market, the producer provides free information to re-use centres and treatment facilities identifying components, materials and the location of dangerous substances.
Interaction with RoHS, REACH, SCIP and the Battery Regulation
Section titled “Interaction with RoHS, REACH, SCIP and the Battery Regulation”| Regime | Act | Moment | What it does for EEE |
|---|---|---|---|
| RoHS | Directive 2011/65/EU | Placing on the market | Restricts ten substances in new EEE |
| REACH | Regulation (EC) 1907/2006 | Life cycle | Article 33(1): communicate SVHC above 0.1 % w/w in an article down the supply chain |
| SCIP | Waste Framework Directive, Article 9(1)(i) (Directive (EU) 2018/851) | From 5 January 2021 | Article suppliers send the Article 33(1) information to ECHA |
| Battery Regulation | Regulation (EU) 2023/1542 | Applies from 18 February 2024; waste battery chapter from 18 August 2025 | Batteries, including those built into EEE |
| WEEE | Directive 2012/19/EU | End of life | Separate collection, treatment and recovery of EEE |
| ESPR | Regulation (EU) 2024/1781 | Design | Product-specific ecodesign and information requirements through delegated acts |
RoHS restricts lead, mercury, cadmium, hexavalent chromium, PBB, PBDE and four phthalates (DEHP, BBP, DBP, DIBP) in new EEE; WEEE organises what happens when that equipment becomes waste. Article 19 of the WEEE Directive requires RoHS exemptions to be taken into consideration when Annex VII is amended.
SCIP is often attributed to REACH. The notification duty is in the Waste Framework Directive (Article 9(1)(i), inserted by Directive (EU) 2018/851); REACH Article 33(1) only defines the information content. The Commission environmental omnibus of 10 December 2025 proposes removing the SCIP database (SWD(2025) 990); until such a change is adopted, the obligation stands.
Batteries: Annex VII of the WEEE Directive requires treatment operators to remove batteries from collected WEEE. The Battery Regulation applies from 18 February 2024, but its waste battery chapter (Chapter VIII, including extended producer responsibility) applies from 18 August 2025, the date Directive 2006/66/EC was repealed. A product with a built-in battery is declared under WEEE for the equipment and under the Battery Regulation for the battery. See the EU Battery Regulation guide.
ESPR sets design requirements; the WEEE Directive itself only asks Member States to encourage design for re-use and recovery and to prevent design features that stop re-use (Article 4).
For the full regulatory map CE / RED / EMC / RoHS / REACH / WEEE, see the CE marking scope page and the spilma glossary.
Treatment requirements (Article 8, Annexes VII and VIII)
Section titled “Treatment requirements (Article 8, Annexes VII and VIII)”Proper treatment includes, as a minimum, removal of all fluids and selective treatment under Annex VII (Article 8(2)). Annex VII lists the substances, mixtures and components to remove from any separately collected WEEE, including PCB-containing capacitors, mercury-containing components, batteries, printed circuit boards of mobile phones and of other devices where the board surface is greater than 10 cm2, toner, plastics containing brominated flame retardants, cathode ray tubes, CFC, HCFC, HFC and HC, gas discharge lamps, LCDs greater than 100 cm2 and all those back-lit with gas discharge lamps, external electric cables, and electrolyte capacitors containing substances of concern (height above 25 mm, diameter above 25 mm or proportionately similar volume). Annex VII has not been amended since 2012. Annex VIII sets the technical requirements for storage and treatment sites. Article 8(5) asked the Commission to request European standards for treatment from the European standardisation organisations.
The 2026 review and pending proposals
Section titled “The 2026 review and pending proposals”Article 24a (inserted by 2024/884) requires the Commission, by 31 December 2026, to assess the need for a revision and, where appropriate, to present a legislative proposal with an impact assessment. The impact assessment must consider in particular: legal certainty and no unjustified retroactivity, the waste hierarchy, avoiding disproportionate costs for consumers, enforcement including collection targets and illegal trade, a new category for photovoltaic panels separate from category 4 with collection targets based on waste available for collection, and a mechanism covering future photovoltaic waste costs if the producer fails.
The Commission published its evaluation of the directive in July 2025 and states that it will use the findings for a proposal to revise the WEEE Directive as part of the Circular Economy Act, due for adoption in 2026. Its WEEE page reports 5 million tonnes of e-waste collected in 2022, or 11.2 kg per person.
Separately, proposal COM(2025) 983 of 10 December 2025 (procedure 2025/0396(COD)) would suspend the application of Article 17(2) until 1 January 2035, so that EU-established distance sellers could choose whether to appoint an authorised representative in other Member States. The accompanying staff working document states that the provisions for producers established in third countries remain unchanged. Neither the revision nor the suspension was adopted at the date of this guide: Article 17(2) as transposed nationally still applies.
Claims the texts contradict
Section titled “Claims the texts contradict”| Common claim (some made by earlier versions of this page) | What the text says |
|---|---|
| Laptops belong in category 6 (small IT) | Annex IV lists laptops and notebooks in category 2 (screens greater than 100 cm2); categories 5 and 6 exclude equipment in categories 1 to 3 |
| The former ten categories had IT and telecoms as two categories | Annex I category 3 is "IT and telecommunications equipment"; the tenth category is automatic dispensers |
| The exclusions cover "certain implantable medical devices" | Article 2(4)(g) excludes active implantable medical devices and medical devices and IVDs expected to be infective before end of life; filament bulbs are excluded too (Article 2(3)(c)) |
| Producers finance all photovoltaic panel waste from products placed after 13 August 2005 | Since 2024/884: from 13 August 2012 for photovoltaic panels and from 15 August 2018 for open-scope EEE (Articles 12(1) and 13(1)) |
| EN 50419 (2006) is the marking reference | Since 2024/884, Articles 14(4) and 15(2) refer to EN 50419:2022, and "preferably": the standard is the preferred route, not a legal obligation |
| A missing bar under the bin denotes equipment placed on the market before 2005 | The bar is one way to meet Article 15(2); a date of manufacture or placing on the market is the other |
| Dual-use products are treated as household WEEE "as a precaution" | Article 3(1)(h) says such waste "shall in any event be considered" household WEEE |
| Every non-EU producer must appoint an authorised representative in each Member State under Article 17 | Article 17(1) is optional for EU producers; Article 17(2) binds EU-established distance sellers. For goods from third countries, the importer placing them on a national market is the producer (Article 3(1)(f)(iii)); third-country distance sellers are producers under (iv) and register in the country they sell to (Article 16(1)) |
| The Battery Regulation took over waste batteries on 18 February 2024 | Chapter VIII applies from 18 August 2025, the date Directive 2006/66/EC was repealed (Articles 95 and 96 of 2023/1542) |
| SCIP is a REACH notification | It is a Waste Framework Directive duty (Article 9(1)(i)), applying from 5 January 2021 |
| Annex VII was reinforced by 2018 amendments | The consolidated text shows Annex VII unchanged since 2012; Directive (EU) 2018/849 amended Article 16 reporting, inserted Article 16a and amended Article 19 |
| No revision timetable exists | Article 24a sets 31 December 2026 for the Commission assessment |
See also
Section titled “See also”- Environmental compliance: what it asks of a product
- DEEE in France: French version of EU WEEE
- EU Battery Regulation 2023/1542: passport, carbon
- ESPR (EU) 2024/1781: Sustainable Products Reg
- ErP / Ecodesign 2009/125/EC: product energy efficiency
- RoHS 2011/65/EU: restricted substances and exemptions
- REACH 1907/2006: chemical substances and SVHC
- UKCA marking
Operational pitfalls and points of attention
Section titled “Operational pitfalls and points of attention”| Pitfall | Provision | Corrective action |
|---|---|---|
| No registration in a Member State where the company is the producer | Articles 3(1)(f) and 16 | Map, country by country, who places the product on the market: you, an importer, or you as a distance seller |
| Assuming the foreign manufacturer is always the producer | Article 3(1)(f)(iii) | Check whether your importer or distributor is the producer in its country and agree in the contract who registers |
| Wrong Annex III category (laptop in 6, large screen in 4) | Annexes III and IV | Apply the exclusions first (categories 1 to 3), then the 50 cm rule on any dimension |
| Declaring dual-use equipment as B2B | Article 3(1)(h) | Declare as household unless the product is not likely to be used in households |
| No financial guarantee for household EEE | Article 12(3) | Join a collective scheme or provide insurance or a blocked account, as the national law allows |
| Missing date mark | Articles 12(3) and 15(2) | Apply EN 50419:2022: solid bar or date, and the producer identification the standard specifies |
| Bin printed only on the packaging for convenience | Article 14(4) | Packaging, instructions and warranty are allowed only where size or function require it |
| No treatment information for recyclers | Article 15(1) | Publish component, material and hazardous substance information within one year of placing each new type on the market |
| Battery declared only under WEEE | Regulation (EU) 2023/1542, Chapter VIII | Register the battery separately under the Battery Regulation since 18 August 2025 |
| EU distance seller without an authorised representative in the destination country | Article 17(2) | Appoint one by written mandate; follow COM(2025) 983, which is only a proposal |
Penalties are national: Article 22 requires them to be effective, proportionate and dissuasive, and Article 23 requires inspections covering, at least, the information reported to the producer register.
Impact on product designers
Section titled “Impact on product designers”The WEEE Directive sets few design requirements (Article 4 only asks Member States to encourage design for re-use and recovery), but it imposes marking, information and data obligations that are cheaper to build in early.
- Producer map: for each country of sale, identify which entity is the producer under Article 3(1)(f).
- Category: place the product in Annex III, applying the category 1 to 3 exclusions before the 50 cm rule, and record the reasoning.
- Household or not: apply Article 3(1)(h); dual-use equipment is household equipment.
- Marking: crossed-out wheeled bin, date mark (bar or date) and producer identification per EN 50419:2022, visible, legible and indelible on the product.
- Recycler information: prepare the Article 15(1) information (components, materials, location of dangerous substances) for release within one year of first placing on the market.
- Treatment-aware design: Annex VII requires removal of batteries, printed circuit boards above 10 cm2, large electrolytic capacitors and LCDs above 100 cm2; make them removable.
- Reporting data: track weight placed on the market per category and per country to feed the Annex X, Part B reporting.
- Batteries: register built-in batteries under Regulation (EU) 2023/1542 in addition to the WEEE registration.
Sources & references
- Directive 2012/19/EU on waste electrical and electronic equipment (WEEE), Official Journal L 197, 24 July 2012, EUR-Lex eur-lex.europa.eu/eli/dir/2012/19/oj
- Directive 2012/19/EU, consolidated text of 8 April 2024 (amended by 2018/849 and 2024/884), EUR-Lex eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX:02012L0019-20240408
- Directive (EU) 2024/884 amending Directive 2012/19/EU (photovoltaic panels, open-scope financing, EN 50419:2022, Article 24a), EUR-Lex eur-lex.europa.eu/eli/dir/2024/884/oj
- Directive 2002/96/EC on WEEE (initial text, repealed from 15 February 2014), EUR-Lex eur-lex.europa.eu/eli/dir/2002/96/oj
- Commission Implementing Regulation (EU) 2019/290, format for registration and reporting of EEE producers, EUR-Lex eur-lex.europa.eu/eli/reg_impl/2019/290/oj
- Directive (EU) 2018/851 amending the Waste Framework Directive (Article 8a EPR fee modulation, Article 9(1)(i) SCIP), EUR-Lex eur-lex.europa.eu/eli/dir/2018/851/oj
- Regulation (EU) 2023/1542 on batteries and waste batteries (Articles 95 and 96), EUR-Lex eur-lex.europa.eu/eli/reg/2023/1542/oj
- Regulation (EU) 2019/1020 on market surveillance (Annex I, point 42), EUR-Lex eur-lex.europa.eu/eli/reg/2019/1020/oj
- COM(2025) 983, proposal suspending the rules on authorised representatives for EPR (10 December 2025), European Commission environment.ec.europa.eu/document/download/b7fc3a60-6895-441c-9a12-d9c37de5f3bb_en?filename=COM_2025_983_1_EN_ACT_part1_v5_0.pdf
- SWD(2025) 990, staff working document accompanying the environmental omnibus (10 December 2025), European Commission environment.ec.europa.eu/document/download/9cc9e1e8-13c4-45f3-b9bc-90e7e1b8133e_en?filename=SWD_2025_990_1_EN_autre_document_travail_service_part1_v3.pdf
- European Commission, Waste from Electrical and Electronic Equipment (WEEE) page, European Commission environment.ec.europa.eu/topics/waste-and-recycling/waste-electrical-and-electronic-equipment-weee_en
- European Commission, Circular economy page (Circular Economy Act, WEEE revision), European Commission environment.ec.europa.eu/strategy/circular-economy_en
- Stiftung EAR, German national register, Stiftung Elektro-Altgeraete-Register www.stiftung-ear.de/
- Producer Register Ltd (Ireland), crossed-out wheelie bin requirements under EN 50419 (national register guidance), Producer Register Ltd www.producerregister.ie/images/uploads/inner/Crossed_out_wheelie_bin_requirements.doc
- The Waste Electrical and Electronic Equipment Regulations 2013 (UK, SI 2013/3113), legislation.gov.uk www.legislation.gov.uk/uksi/2013/3113/contents/made
Frequently asked questions
- What is the difference between Directive 2002/96/EC and the 2012/19/EU recast?
- Directive 2002/96/EC of 27 January 2003 created the WEEE regime: separate collection, producer financing and the crossed-out wheeled bin, with a collection target of at least 4 kg per inhabitant per year of household WEEE by 31 December 2006. The recast 2012/19/EU of 4 July 2012 entered into force on 13 August 2012, had to be transposed by 14 February 2014, and repealed 2002/96/EC with effect from 15 February 2014. It moved to an open scope on 15 August 2018 (all EEE unless excluded, classified in the six categories of Annex III), raised the collection rate to 45 % from 2016 and 65 % of the EEE placed on the market (or 85 % of WEEE generated) from 2019, and added registration rules for distance sellers and authorised representatives (Articles 16 and 17).
- What are the six categories of Annex III, and where do laptops go?
- Annex III applies from 15 August 2018: (1) temperature exchange equipment, (2) screens, monitors and equipment containing screens with a surface greater than 100 cm2, (3) lamps, (4) large equipment (any external dimension more than 50 cm), (5) small equipment (no external dimension more than 50 cm), (6) small IT and telecommunication equipment (no external dimension more than 50 cm). Categories 4 and 5 exclude equipment that belongs in categories 1 to 3. The indicative list in Annex IV places laptops and notebooks in category 2 (screens), not in category 6, and photovoltaic panels in category 4.
- Why does a producer have to register in each Member State of sale?
- Because the directive defines the producer by reference to the territory of each Member State (Article 3(1)(f)) and requires every Member State to keep its own producer register (Article 16). A company is a producer in a given country when it manufactures or rebrands there, imports into that country, or sells there at a distance from another Member State or a third country. Distance sellers register in the Member State they sell to. A seller established in one Member State that sells at a distance into another must, under Article 17(2), appoint an authorised representative there by written mandate. Registers must link to each other, but there is no single EU registration.
- What is the difference between household (B2C) and professional (B2B) WEEE?
- Article 3(1)(h) defines WEEE from private households as waste from households plus commercial, industrial and institutional waste that is similar in nature and quantity. It adds that waste from EEE likely to be used by both households and other users shall in any event be considered household WEEE: this is a rule of the directive, not a precaution. Household WEEE is financed under Article 12 (collection from the collection facilities onwards, with a financial guarantee when the product is placed on the market). Non-household WEEE is financed under Article 13, where producers and professional users may agree other financing methods.
- What changed with Directive (EU) 2024/884?
- Following the Court of Justice judgment C-181/20 of 25 January 2022, Directive (EU) 2024/884 of 13 March 2024 removed the retroactive financing obligation. Producers now finance photovoltaic panels placed on the market from 13 August 2012 and open-scope EEE placed on the market from 15 August 2018, while the 13 August 2005 cut-off remains for the original categories. It also updated the marking standard to EN 50419:2022 and added Article 24a, which requires the Commission to assess the need for a revision by 31 December 2026. Member States had to transpose it by 9 October 2025.
- Is the crossed-out wheeled bin mandatory, and which standard applies?
- Yes. Article 14(4) requires producers to mark EEE with the Annex IX symbol, preferably in accordance with EN 50419:2022. Annex IX requires it to be printed visibly, legibly and indelibly. Where size or function make it necessary, the symbol goes on the packaging, the instructions for use and the warranty. Article 15(2) separately requires a mark showing that the EEE was placed on the market after 13 August 2005; under EN 50419 this is a solid bar under the bin or a date of manufacture or placing on the market.
- How does WEEE relate to RoHS and the Battery Regulation?
- RoHS (Directive 2011/65/EU) restricts ten substances in new EEE; WEEE organises the end of life of the same equipment. Batteries are a component that Annex VII requires treatment operators to remove from collected WEEE. Since 18 August 2025, waste batteries fall under Chapter VIII of Regulation (EU) 2023/1542, which is also the date Directive 2006/66/EC was repealed. A product with a built-in battery therefore carries two producer responsibilities: WEEE for the equipment, the Battery Regulation for the battery.
- Is a revision of the WEEE Directive coming?
- Article 24a requires the Commission to assess, by 31 December 2026, whether to revise the directive, and lists what the impact assessment must consider (a separate photovoltaic category, collection targets, protection against producer insolvency). The Commission published an evaluation in July 2025 and states that a proposal to revise the directive will be part of the Circular Economy Act, due for adoption in 2026. Separately, proposal COM(2025) 983 of 10 December 2025 would suspend the authorised representative obligation of Article 17(2) until 1 January 2035. Neither text was law at the date of this guide.