UK 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.

UK WEEE Regulations (SI 2006 No. 3289) (406k - pdf)

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 Regulations mainly apply to the following groups:

Producers defined as: any business that manufactures, professionally imports into the UK or rebrands electrical and electronic products
Retailers and Distributors any business that sells electrical and electronic equipment to end users.
Local authorities
Waste management industry
Exporters WEEE
Businesses and other non-household end users of EEE
Householders

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 (29k)

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 Northern Ireland Environment Agency) to register their members by 31 March 2007.

For further information please refer to the Government Guidance Notes which can be found on Department for Business, Enterprise and Regulatory Reform (BERR) (formerly DTI) 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.

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.

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.

SEPA Enforcement Position in Relation to Independent Auditor’s Reports – 5 December 2008

SEPA’s Enforcement Position document can be found here (523k).

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.

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.

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.