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.
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.
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.
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.
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.