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Updated – December 2007
WEEE Regulations
On 12 December 2006 the UK Waste Electrical and Electronic Equipment (WEEE) Regulations 2006, which implement the Producer Responsibility aspects of the WEEE Directive, were laid before Parliament and they came come into force on 2 January 2007.
Separate Regulations dealing with the site licensing and WEEE treatment
requirements of the WEEE Directive in Scotland can be found here
Similar regulations covering England and Wales; The Waste Electrical and
Electronic Equipment (Waste Management Licensing) (England and Wales)
Regulations 2006, - were laid in Parliament on 15 December and came into
force on 5 January 2007.
The WEEE Directive
The WEEE Directive aims to prevent the production and disposal of WEEE, largely through the introduction of reuse and recycling targets. It also aims to improve the environmental performance of all operators involved in the life cycle of electrical and electronic equipment. In particular, considerable obligations will be imposed on “Producers” i.e. those businesses who manufacture electrical and electronic equipment, rebrand equipment produced by other manufacturers, or who import such equipment into the European Union.
The Directive applies to all Electrical and Electronic Equipment (EEE) that is dependant on electrical currents and electromagnetic fields with voltage rating not exceeding 1000 Volt for AC and 1500 Volt for DC. EEE is considered within ten specific categories as detailed in Annex 1A of the Directive. These are: large household appliances; small household appliances; IT and telecommunications equipment; consumer equipment; lighting equipment; electrical and electronic tools; toys, leisure and sports equipment; medical devices; monitoring and control instruments; and automatic dispensers.
Key provisions of the Directive are:
- member states must set up systems for separate collection of WEEE and ensure that at least 4kg of WEEE from private households is collected per inhabitant per year
- producers must set up systems for the treatment of waste electrical and electronic equipment (with the WEEE treatment facilities required to operate at high environmental standards)
- producers to provide for recovery and re-use of separately collected WEEE with recovery, re-use and recycling targets set as a proportion of collected WEEE and ranging from 50 to 80 percent depending on the category
- data reporting obligations relating to the amount of EEE put on the market and relevant levels of recycling achieved must be fulfilled
- there is no mandatory requirement for householders to separate all WEEE, Member States must instead seek to minimise co-disposal and encourage appropriate behaviour
- thirty months after the entry into force of the WEEE Directive, producers must provide for the financing of the collection of WEEE from private households, which has been deposited at collection facilities, as well as the treatment, recovery and disposal of WEEE
- producers are to provide guarantees for the financing of future waste to minimise number of ‘orphan’ products of whom original producers are no longer on the market.
RoHS Directive
Complementary to the WEEE Directive is the Restriction on the Use of Certain Hazardous Substances in Electrical and Electronic Equipment Directive (ROHS). This Directive aims to harmonise legislation controlling the use of hazardous substances in EEE across the EU and also seeks to reduce the environmental impact of WEEE by restricting the use of certain hazardous substances during manufacture. The ROHS Directive covers all products mentioned in the WEEE Directive except medical, monitoring and control equipment.
The Directive requires the substitution of lead, cadmium, hexavalent chromium, polybrominated biphenyls (PBBs) and polybrominated diphenylethers (PDBEs) by 1st July 2006. Manufacturers will need to understand the requirements of the RoHS Directive to ensure that their products, and their components, comply. Further details are available on the dedicated ROHS website.
RoHS coming into force
The UK RoHS regulations came into force on 1 July 2006 and The National Weights and Measures Laboratory (NWML) are UK’s RoHS enforcement agency.
The UK WEEE Regulations
The WEEE Regulations mainly apply to the following groups:
If you are one of the above mentioned stakeholders, then the following sections explain how the different roles are affected and what you should do.
Producers
If your company produces electrical and electronic equipment (EEE), you will need to join a Producer Compliance Scheme that has been approved by SEPA or the appropriate agency. Producers must apply to join an approved Producer Compliance Scheme by 15 March 2007. A full list of approved WEEE compliance schemes can be found by clicking on the link below. Upon registration you will be required to supply data in respect of your EEE placed on the market during 2006 and pay a registration fee.
Compliance schemes that have been approved so far
Please note that the WEEE regulations apply to all producers regardless of their size, turnover, market share or number of employees. Producers who only place non-household EEE on the UK market must still join a Compliance Scheme.
As a producer, the regulations allow you to form your own Compliance Scheme if you wish, however you still have to pay the same charge and go through the same approval process as for the larger collective schemes.
Schemes are then required to make an application to the appropriate authority (SEPA in Scotland, Environment Agency in England and Wales and the Environment and Heritage Service in Northern Ireland) to register their members by 31 March 2007.
For further information please refer to the Government Guidance Notes which can be found on the Department for Business, Enterprise and Regulatory Reform (BERR) (formerly DTI) website in particular Chapter 5.
More information for producers
Marking EEE products
From 1 April 2007, producers will have to ensure their products are marked with the following:
- a crossed out wheeled bin symbol,
- a producer identifier mark and
- a date mark so that the equipment can be easily identified as having been put on the market after 13th August 2005
In some cases, because of the size or the function of the product, the wheeled bin symbol may be printed either on the packaging, the instructions or on the warranty. The wheeled bin mark aims to discourage end users from disposing WEEE as unsorted municipal (household) waste, so that it is collected separately at designated collection facilities.
The European standards marking body CENELEC has developed a standard EN 50419:2006, for WEEE Directive’s wheeled bin marking. The British Standard Institute (BSI) has also published this standard as BS EN 50419:2005 which can be obtained from BSI by phone on 0208 996 9000 or from their website British Standards Online.
Since marking provisions are already in force in some EC member states, producers who export to the EC are encouraged to mark their products before 1 April 2007 where possible, to meet these countries’ marking requirements.
Data, reporting and evidence
As a producer you will be required to supply data to your Compliance Scheme on the types and quantity of new EEE placed on the UK market during 2006. The information on household EEE will enable the environment agencies to calculate your market share, and in turn, the market share of your Producer Compliance Scheme.
The environment agencies will also receive quarterly reports from the Schemes to confirm how much WEEE has been collected from Designated Collection Facilities and how much new EEE has been placed on the market. This data will be used to calculate each Scheme’s financial responsibility for treating and recycling household WEEE on behalf of its members.
To show that you have met your treatment and recycling obligations, producers or your Schemes will need to provide evidence of compliance to the environment agencies at the end of each compliance period. The evidence will come from approved Authorised Treatment Facilities (AATFs) and approved exporters (AE’s) of WEEE. Evidence Forms for completion by AATF’s and AE’s can be found in the forms section.
Retailers and Distributors’ takeback responsibilities
The WEEE regulations put takeback obligations on retailers and other distributors who sell electrical and electronic equipment (EEE).
A retailer selling EEE to the public will have to ensure that their customers can return their WEEE in store, free of charge when purchasing a similar item or an item for similar use as their old equipment.
Private householders should be able (but not compelled) to return their WEEE to retailers who offer in-store takeback. Retailers may set up alternative collection systems as long as they are still convenient for customers.
The WEEE regulations also allow a Distributor Takeback Scheme to be created, which offers an alternative to in-store take back for retailers and other distributors who join. Valpak Retail WEEE Services has recently been appointed by the BERR to operate the UK Distributor Takeback Scheme. Retailers and other distributors that join will be required to contribute to a fund that will pay local authorities to upgrade civic amenity sites put forward as Designated Collection Facilities. These retailers will not have to offer in-store take back of WEEE but will direct consumers to the nearest Designated Collection Facility.
For further information please refer to the Government Guidance Notes which can be found on the Department for Business, Enterprise and Regulatory Reform (BERR) (formerly DTI) website in particular Chapter 4
On the 18th May 2007, The Science and Innovation Minister, Malcolm Wicks, announced the appointment of VCA as the enforcement body for distributor obligations under the "Waste Electrical and Electronic Equipment (WEEE) Regulations".
From the 1st July 2007, VCA will make sure that retailers and distributors of electrical equipment play their part in helping household users to dispose of WEEE at the end of life. For further information can be found under http://www.vca.gov.uk/enforcement/weee-enforcement.asp.
Role of Local Authorities
The UK WEEE regulations do not place WEEE collection and disposal obligations on local authorities although it is widely accepted that most household WEEE is likely to be collected via the UK’s network of civic amenity sites. Therefore Local Authorities have the opportunity to voluntarily sign-up their civic amenity sites as Designated Collection Facilities (DCFs). If they do, they will have to comply with the code of practice for DCFs and that will require minimum levels of separate storage of WEEE at the sites.
In return, they will receive some funding from the Distributor Takeback Scheme and their WEEE will be removed by Producer Compliance Schemes for onward treatment, recycling and disposal without charge. Local authorities that volunteer their sites will no longer be financially responsible for treating or disposing of WEEE deposited at their sites.
Some DCFs may need a modification to their Waste Management Licence or exemptions and provide new WEEE containers or signage or make alterations to their sites. The money from the Distributor Takeback Scheme will help meet some of these costs.
Local Authorities will also be able to count the recycling of WEEE towards meeting their recycling targets under the Waste Strategies in force in the various parts of the UK.
For further information please refer to the Government Guidance Notes which can be found on the Department for Business, Enterprise and Regulatory Reform (BERR) (formerly DTI) website in particular Chapter 7
Waste management industry
The waste management industry does not have a legal obligation under the WEEE regulations other than being a business user of WEEE. You are likely to be involved if you want to offer WEEE compliance services to producer compliance schemes and other obligated parties.
Any business that wishes to undertake treatment, recycling and recovery of WEEE must be authorised by SEPA or one of its sister agencies. This means you will need a waste management licence (or registered exemption), and must then treat WEEE to the standards set out in your permit conditions. In this context you should follow the Guidance on Best Available Treatment, Recovery and Recycling Techniques (BATRRT) and Treatment of WEEE provided by Defra, the Welsh Assembly Government and the Scottish Executive.
An operator of a WEEE treatment facility that has the necessary permit (known as an ‘Authorised Treatment Facility') can apply to the relevant environment agency to be approved - Application Form. Approved Authorised Treatment Facilities are able to issue evidence of WEEE treatment and recovery. Evidence Forms for completion by AATF’s can be found in the forms section. This evidence is required by Producer Compliance Schemes, and in some cases producers, to show that they have met their obligations under the Waste Electrical and Electronic Equipment (WEEE) Regulations 2006. The Approved Authorised Treatment Facilities will need to have their records assessed by an independent auditor.
For further information please refer to the Government Guidance Notes which can be found on the Department for Business, Enterprise and Regulatory Reform (BERR) (formerly DTI) website in particular Chapter 9.
Exporters
The export of any waste from the UK for disposal is prohibited. The export of WEEE for recovery is permitted in some circumstances. These depend on the classification of the waste and the destination country. Many waste types including non hazardous wastes may require a formal notification to SEPA BEFORE the waste is allowed to leave the UK. Note: certain types of WEEE cannot be exported to countries outside the Organisation for Economic Co-operation and Development (OECD). Please click here to be forwarded to the Transfrontier Shipment of Waste website for further information.
Guidance on the export of waste can be found here.
There will be a similar approval process for exporters of WEEE for treatment or recovery as that of ATFs - Application Form.
Approved exporters are able to issue evidence of WEEE treatment and recovery. Evidence Forms for completion by AE’s can be found in the forms section.
For further information please refer to the Government Guidance Notes which can be found on the Department for Business, Enterprise and Regulatory Reform (BERR) (formerly DTI) website in particular Chapter 9.
Business or non household end users of EEE
Businesses producing waste are required to comply with Duty of Care. On top of this, the Waste Electrical and Electronic Equipment (WEEE) legislation introduces new responsibilities for businesses and other non-household users of electrical and electronic equipment (EEE). This includes schools, hospitals, and government agencies, when they dispose of their electrical waste. These organisations will need to ensure that all separately collected WEEE is treated and recycled.
Financing of these activities depends on the circumstances as follows:
For business EEE from products put on the market after 13 August 2005, EEE producers are responsible for financing the collection, treatment, recovery and disposal of the EEE that they supply to business users. The directive allows producers and business users to agree alternative financing arrangements. This is a commercial decision and is likely to form part of the normal negotiating processes for supply contracts in the future.
Different arrangements apply for WEEE arising from products put on the market before 13 August 2005 (known as historic WEEE). If historic WEEE from businesses is being replaced by new equivalent products, the EEE producer is responsible for financing the collection, treatment, recovery and disposal when supplying the new products. In other cases, for example where the historic WEEE is not being replaced, the end user (the business) has to pay.
For further information please refer to the Government Guidance Notes which can be found on the Department for Business, Enterprise and Regulatory Reform (BERR) (formerly DTI) website in particular Chapter 8.
Household end users of EEE
As a household end user, you have an important role to play in the recycling of electrical and electronic equipment (EEE), although the WEEE Regulations do not place legal obligations on you.
You are encouraged to discard waste EEE (WEEE) separately from other waste at the end of its life. The WEEE Regulations put an obligation on the retailers and distributors of EEE to establish a UK wide WEEE collection infrastructure making it easy for you discard your WEEE.
From July 2007 Retailers or distributors will be required to either takeback old equipment when you purchase a replacement item, or direct you to a convenient WEEE collection point that participates in their retailer supported takeback scheme. These collection points are likely to be your local authority’s civic amenity sites.
Please note that you are not entitled to a free collection of your WEEE from your home, by either distributors or your local authority.
A list of publicly available designated WEEE collection sites can be found here. Currently, Sort It lists a wide range of local and national outlets, facilities and services to help you Reduce, Reuse and Recycle your general household waste including WEEE.
For further information please refer to the Government Guidance Notes which can be found on the Department for Business, Enterprise and Regulatory Reform (BERR) (formerly DTI) website in particular Chapter 3.
SEPA’s role under the WEEE regulations
SEPA is the regulator for most aspects of both sets of WEEE regulations in Scotland and our roles include:
- approval of WEEE producer compliance schemes who want to be registered in Scotland;
- register producers of electrical and electronic equipment via compliance schemes
- maintain a public register of registered producers;
- allocate producer’s recycling and recovery obligations according to their market share
- manage the data on the WEEE collected, treated and recovered or recycled by producers and/or their compliance schemes;
- identify free-riders and undertake any enforcement actions according to the regulations;
- regulate sites that will store and treat WEEE;
- approve authorised treatment facilities and exporters of WEEE so that they are able to issue evidence of treatment and recovery;
- monitor and enforce compliance with the treatment and recovery requirements.
Background on WEEE
The UK currently produces around 1 million tonnes of waste electrical and electronic equipment (WEEE) each year and it is suggested that this figure may double over the next 15 years. WEEE is one of the fastest growing waste streams and is increasing at a rate three times that of average municipal waste growth. The increase in disposal of WEEE relates to a number of factors including the general increase in use of electronic and electrical equipment, the frequent upgrading of equipment and, in some cases, the relatively high cost of repair compared to the purchase of new equipment.
The European Commission has identified a number of environmental concerns which arise from the production and disposal of electronic and electrical equipment (EEE). First, it is believed that the environmental impact of producing electrical and electronic equipment is often greater than that used to produce other constituents of the municipal waste stream. Secondly, the increasing volumes and varied nature of WEEE is difficult to dispose of. Most is discarded in landfill sites but many of these sites have limited space available in the long term. Finally, WEEE contains significant amounts of heavy metals and halogenated substances which, once disposed of through landfill or incineration, may present hazards to public health and the environment.
The disposal of WEEE also represents the loss of large amounts of valuable resources, in particular metals and plastics. If these were to be recycled it would not only divert the waste from disposal but would also reduce the need to use virgin raw materials.
In order to address these problems, the EC has introduced two Directives; The Directive on Waste Electrical and Electronic Equipment (WEEE) and the Directive on Restriction on the Use of Certain Hazardous Substances in Electrical and Electronic Equipment Directive (ROHS).
Historical information
Review of WEEE implementation in the UK.
In December 2005, BERR (formerly DTI) announced that the Energy Minister had instigated an immediate review of proposals for implementing the WEEE directive in the UK. The review was followed by a full consultation exercise in the Spring of 2006.
Previous Consultation and Further Information
The UK Government (including the Scottish Executive) undertook three separate public consultations as part of the implementation process for these two Directives.
The first was a discussion paper in spring of 2003 in which the government invited comments on the options for implementation. A second consultation was carried out in winter of 2003 – 2004 with the third and final consultation on draft regulations and draft guidance in July - October 2004.
Other useful links
ICER is a source of knowledge and expertise on recycling Waste Electrical and Electronic Equipment (WEEE).
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