New Open Scope impact

Our expert team is here to ensure that your business can correctly report under the more inclusive, broader open scope rules. As interpretations of product inclusion within Open Scope can be confusing, we will guide you through the requirements and help you with your scoping decisions, saving you time and effort in the process.

You can find out about the key changes taking place from 2019 below. If you need help to make it easier to report under open scope, simply contact us today.

Fixed Installation equipment now in scope

Prior to 2019 there were two exclusions for equipment that is part of an installation – Large Scale Fixed Installation and Fixed Installation.

The Fixed Installation (FI) exclusion category covered other installations, that were a combination of several pieces of equipment, systems, products and/or components (or parts) assembled and/or erected by a professional assembler or installer, at a given place to operate together in an expected environment and to perform a specific task and not intended to be placed on the market as a single functional or commercial unit.

From 1st January 2019 the Fixed Installation exclusion will be no longer be valid and products that previously fell under this exclusion will be in-scope.

The Large Scale Fixed Installation (LSFI) exclusion covered B2B electrical installations that were large-size, and if it was assembled, installed and de-installed by professionals; intended to be used permanently as part of a building or a structure at a pre-defined and dedicated location; and could only be replaced by the same specifically designed equipment.

The Large Scale Fixed Installation will continue to be a valid exclusion, therefore if the equipment meets the definition as given in the regulations, it will remain out of scope.

All EEE now must be scoped into a category

Previously if a product did not fit within any of the 14 categories, producers were able to exclude it from the scope of the WEEE regulations, and it did not need to be reported.

From 1st January 2019 all EEE products must be reported into the 14 categories.

Household B2C lighting equipment now in scope

Previously all household luminaires and decorative lighting were out of scope.

From 1st January 2019 all household luminaires and lighting equipment will be in-scope, and reportable under the Category 5.

Next steps

The Open Scope changes will be effective from the 2019 compliance period onwards. Don’t get caught out – start scoping your products now.

If you are currently not reporting electrical items that you place on the market, review your reasoning for why you are out-scoping them. You may find that these products will fall into scope of the WEEE regulations in 2019 and your business will have obligations on them.

If they have come into scope, you will need to consider marking them with the crossed out wheelie bin symbol, how your business will scope and report them in your data submissions and if classed as B2B, how your business will provide take back on them.

B2C category products meanwhile will increase your obligation for B2C evidence and if you are selling directly to end users, you will also pick up distributor obligations.

When to report under Open Scope

It is important to understand that when reporting your final 2018 data in January 2019, you must work to the old guidance.

If you report B2C products on a quarterly basis, the new guidance will apply from your Q1 submission in April 2019. If you report B2B products annually, the new guidance will apply to your data submission in January 2020.

B2B Compliance can offer support with any re-scoping that you may need to do, so please get in touch with your account manager to discuss.

Need advice? Contact us today

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