WEEE Regulations changes in Classification of Lighting Equipment as B2B or B2C
Introduction
Following the recast of the WEEE directive, the Government has now updated its guidance on how Producers should decide if products are classified as Household (B2C), or Non-Household (B2B).
The BIS guidance is available online here
Previously, the approach to classification as B2B or B2C was largely based upon the route to market – broadly speaking, sales through retailers were B2C, and other channels were B2B. That has now changed. Instead, Producers should now use the nature of the product as the basis for the decision. Products that are designed solely for businesses should be classified as B2B. Those that are designed for consumers, or for both businesses and consumers should be classified as B2C. The BIS guidance includes general principles, and then specific examples to show how those principles should be applied for each of the different categories of equipment. It is for each Producer to make their own assessment of their products, using steps 1-3 in the BIS guidance. It should be noted that guidance on lamps and luminaires inevitably diverges: lamps are generally more generic and interchangeable than luminaires.
Luminaires (category 5) The BIS guidance states “B2C luminaires aren’t currently covered by the WEEE Regulations so dual use luminaires are out of scope until 2019. An example of a dual use luminaire is a downlight designed to take a GU10 or MR16 lamp.”
We recommend that you classify luminaires (both traditional, and LED integrated) as B2B but the following are examples that could be considered as ‘dual use’.
- Downlights and spotlights of a domestic scale
- Batten fittings
- Domestic scale decorative fittings
- Corridor/bulkhead luminaires of a domestic scale
- Any luminaires currently considered as B2C
The above products could all be regarded as dual use, and therefore B2C. This therefore takes them out of the scope of the WEEE regulations until 2019. As a result, they are not subject to WEEE and should not be reported to your PCS. Note that all emergency luminaires should be classified as B2B.
Gas Discharge Lamps and LED Light Sources (category 13) The BIS guidance states “The majority of lamps are designed and capable of dual use so should be classified as B2C. Classify as B2C gas discharge lamps, LED light sources (lamps) and sodium lamps (includes retrofit and non-retrofit lamps). Classify as B2B floodlights for stadiums and lamps used in cinema projectors.”
We recommend that you classify all lamps (both traditional and LED) as B2C except the following:
- Lamps for use in stadium lighting
- Xenon and LED cinema projector lamps
- Any similar lamps designed specifically and solely for industrial applications
As a reminder, all incandescent lamps remain out of scope of the WEEE regulations.
Models must be either B2B or B2C It is important to note that you must classify a product either as B2C or B2B. You cannot split your data to record the same product as partly B2C and partly B2B. This is a change from the previous system, in which it was possible to record a proportion of product as B2B, and B2C.
Timescales The BIS guidance comes into force with immediate effect, and covers all product declared by Producers from 1st January 2015. Producers and PCSs are legally required to report the tonnage of B2C EEE put on the market on a quarterly basis. As a result, wherever possible, classification should be updated to follow the new guidance. LIA members are advised that B2C data should be submitted to the PCS in April 2015, and quarterly thereafter.
Interplay with energy labelling regulations The Government has confirmed that classifying dual use products as household for the purposes of the WEEE regulations does not mean that those products necessarily need to comply with the energy labelling regulations. The scope and applicability of the energy labelling regulations is not influenced by classification decisions under the WEEE regulations.
Contact Stewart Price, General Manager on 07801 570887 for more information
