If a company does not produce stand-alone equipment, i.e. its products have to be integrated into other electronic and electrical equipment to perform their primary function, then perhaps asserting that they are not a producer is a valid exemption.
However, even if a company is not a producer, they may still have conditions imposed on them by the producers under WEEE or RoHS, not as part of direct compliance but as a commercial contractual requirement.
Great care should be taken when reviewing the exemptions list within the WEEE and RoHS Directives as they are subject to change and review. Moreover, many larger companies are using this new legislation to gain 'green credentials' for competitive advantage. In this way they are placing contractual requirements on their supply chain to comply with RoHS and WEEE Directives, even if officially the end-product is exempt. It is expected that as technical advances are made, the number of exemptions will decrease and the volume of products included within the scope will increase, so that any proactive, thoroughly investigated compliance now should stand manufacturers in good stead.
For further assistance from TWI on RoHS matters, contact Dr Michele Routley
What is the WEEE Directive?