Scoping Decision Tree
1 – The equipment is in the scope of Decree-Law 230/2004
Any electric and electronic equipment (EEE) is in the scope of the Decree-Law 230/2004, once the definition of EEE stated in article 3rd is accomplished. The definition is explained in the scheme tree above.
Accessories - Devices falling under the EEE definition and designed to increase the main EEE functionality/capability to which they are connect to - are also in the scope.
Examples of accessories:
▪ Mouse (PC)
▪ Webcam (PC)
▪ External hard drives (PC)
▪ Pen Drives (PC)
▪ Memory cards (to cameras)
▪ External flash lights (to cameras)
▪ Etc.
EEE belonging to systems - that is a set of elements (EEE and components), all interconnected, acting together in order to achieve a certain function -are also in the scope of DL 230/2004 in their functionality is described in Annex I of the DL.
2 - Equipment excluded due to general exclusion criteria
2.1. The equipment can fulfil the main purpose without electricity
Even in electricity absence, the equipment still fulfils its main functions, continuing to work.
Examples:
▪ Gas stoves with piezoelectric light
▪ Gas stoves with electric timer
▪ Gas heaters with piezoelectric light
2.2. Equipment which form part of or have been manufactured and sold solely to form part of equipment not in the scope.
These equipments have an electric function, but are used or placed in other products that don’t possess any electrical characteristics (out of scope). Even if the electrical part stops functioning, the main product keeps on working or having its main function.
Examples:
▪ Christmas cards with music
▪ Teddy bears with music
▪ Mechanical pallet truck with digital scale
▪ School bag with lights
▪ WC closet with lights
2.3. Equipment which is connected with the protection of the essential interests of the security of Member States.
2.4. Arms, munitions and war material intended for specifically military purposes
2.5. Equipment belonging to other Community Directives on Waste management
Even though these EEE have electrical dependence in order to achieve a good performance, the waste management belongs to other Community Directives, such End of Live Vehicles (ELV) Directive.
Examples:
Any electric and electronic equipment designed and projected to be used exclusively in means of transport.
▪ Radio cars
▪ Car Light projectors
▪ Car Sound system
▪ Fixed GPS on boats
▪ Radar fixed on aircrafts and boats
▪ Sonar
▪ Etc.
There are other devices that, by its power and flow, can only be installed as part of a building structure. In this case, the treatment is covered by an internal legislation (waste of construction and demolition).
Examples
Air Conditioning Equipment
• Air-air technology, with the following characteristics:
- Indoor units that are wall, floor or flexible type, with capacity of less than 7 kw
- Outdoor units with less than 7 kw.
Fans
• Equipment with the following characteristics:
Ventilation appliances and exhaust ventilation with a nominal <a 1500m3 / h
Components or spare parts: Devices or elements, designed to be part of an EEE, but do not delivering, themselves, any full functionality described in annex 1 of DL.
Example of components and spare parts:
▪ Motherboards (PC)
▪ Internal hard drives (PC)
▪ Cables
▪ Transformers
▪ Electricity wires
▪ Switches
▪ Plugs
▪ Electric engines
Consumables: any product necessary to the main equipment good performance, without any electric characteristics. Examples of consumables:
▪ CD
▪ DVD
▪ Tonners
▪ Ink cartridges
▪ Thermal paper, photo paper
3 - To which of the 10 categories does the product belong to?
The DL 230/2004 grouped EEE in 10 main categories, describing in to each category a list of covered functionalities.
This list must be intended as an example list only and not an exhaustive list.
Thus, an EEE cannot be excluded of scope of DL, just because its designation isn’t expressly listed.
This Decree-Law doesn’t limit:
EEE used in household or EEE used in industry: No destination is made, whatsoever if the equipment is for household or industry environment.
Categories titles: The DL 10 categories pretend to be as enclosing as possible. The purpose is to scope all EEE, as long as its functionality is described in the list.
Taking as example category 1 – Large household appliances, this category doesn’t include equipments used in household environment only.
Being as enclosing as this category pretends to be, as long as the functionality of an EEE is described, EEE destined to industry should be in the scope.
Examples:
▪ Equipments/machines to be used in bread and bakery industry
▪ Cooling and refrigerating equipments used in supermarkets
▪ Washing and disinfecting equipment used in hospital environment
▪ Washing and drying industrial machines (hotel and restaurant industry)
▪ Industrial stoves
▪ Etc.
4 - The equipment is excluded due to category specific exclusion criteria
There are specific and well identified exclusions in some of the DL categories.
They are:
• Category 5, light bulbs.
Light bulbs are excluded from DL 230/2004. This condition doesn’t apply to lighting equipment using this type of bulb. Only light bulbs are out of scope.
Examples:
Projector com light bulb: Projector in the scope, light bulb out of scope
Torch with light bulb: Torch is in the scope, light bulb out of scope
• Category 5, household lightning equipment for fluorescent lamps.
Lightning equipment conceived to use fluorescent lamps and to be used exclusively, in household environment, is out of scope.
For more information about Category 5, please click here
• Category 6, large-scale stationary industrial tools
All tools that meet, at the same time conditions these three conditions are out of scope:
Large-scale + stationary tools + to be used in industry only.
The exclusion criteria is for tools only, not extended to other categories.
• Category 8, all implanted and infected products
All medical products, that are direct contact with human fluids (blood, urine, sweat, etc.), are out of scope, because their waste management belongs to other Community Directives.
Examples: Pacemakers
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