WEEE Regulations

by Kenny Ling

The Waste Electrical and Electronic Equipment (WEEE) Regulations 2006 (which came into force on 1st July 2007) seek to minimise the impact of electrical and electronic goods on the environment and increase the re-use and recycling so reducing the amount of WEEE going to landfill.

For most organisations, the WEEE Regulations may appear to be having little impact since responsibility for disposal usually lies with the manufacturer or distributor.   Nonetheless, most businesses will have noticed a general increase in the cost for electrical equipment and since failure to comply with the Regulations will lead to a fine, it is worth having a general knowledge of the requirements.

What products do the Regulations apply to?

A product that:

a) is dependent on electric currents or electromagnetic fields in order to work properly, including equipment for the generation, transfer and measurement of such currents and fields;
b) is designed for use with a voltage rating not exceeding 1,000V for alternating current and 1,500V for direct current; and
c) falls into one of the ten Categories in Schedule 1 of the Regulations.

A product must meet all of the above criteria to be classed as EEE. Examples of the type of products that the Regulations cover include office equipment like printers, computers, photocopiers, calculators and fax machines as well as phones, a/v equipment and fluorescent tubing. Domestic electrical goods like refrigerators, freezers and washing machines are also included.

Who do the Regulations apply to?

* Producers – includes any business that manufactures, imports or re-brands electrical and electronic products.
* Distributors – includes any retailer or wholesaler that sells electrical and electronic equipment to householders.
* Other businesses and other non-household users of EEE

The Regulations also apply to local authorities and organisations in the waste management industry, exporters and re-processors of EEE.

Producers

All manufacturers of EEE must register with a Producer Compliance Scheme (PCS) approved by the Environment Agency (EA). A PCS is responsible for financing the collection, treatment, reprocessing and environmentally-sound disposal of separately collected household WEEE and in some circumstances, non-household WEEE.

They must mark EEE products with a crossed out wheeled bin symbol, a producer identifier mark and a date mark. They also need to show that they have met their treatment and recycling obligations to the EA or DEFRA.

Distributors

If you are selling EEE to the public, you will have to ensure that customers can return their WEEE free of charge. This will be on a one-for-one basis, as long as the new equipment is of a similar type and has the same function as the old equipment. It does not matter that the product being returned was not originally purchased from you.

As a distributor, you will need to provide facilities to customers to return old equipment free of charge. There are two options to achieve this:

* take-back in-store; or
* join a Distributor Take-back Scheme (DTS).

Although the Regulations require Distributors to provide facilities as above, neither option prevents a Distributor from making an appropriate charge for the collection of WEEE on the delivery of the new EEE. The charge would typically cover the transportation from the customer to the Distributor’s premises but should not include storage, treatment, recycling or the transportation costs from the premises to the Designated Collection Facility.
 
Distributors offering in-store take-back have the right to return collected WEEE through the Producer Compliance Scheme but they must meet any transportation costs. However, the cost of treatment, recycling and recovery remain the obligation of the PCS.

Distributors running in-store take-back schemes are required to:

* display appropriate signage to inform their customers of the service
   being offered;
* supply information to their customers in line with Regulation 33;
* keep records of the number of items returned to them and make such records available for inspection and
* develop relationships with Producer Compliance Schemes to return the
collected WEEE

By joining a DTS, Distributors are required to:
* display appropriate signs to inform consumers of their membership of
DTS and supply information on the location of the collection facility sites in the locality. The DTS will advise and assist in meeting this obligation; and
* supply information to consumers in line with Regulations 33.

Distance sellers are also required to offer take-back services.

Distributors will also have to ask EEE manufacturers for their unique producer number. This number will prove that the Producer has joined an approved PCS and is helping fund the treatment and recycling of separately collected household WEEE.

Other Organisations

Commercial EEE put on the market after 13 August 2005

Producers of EEE are responsible for financing the collection, treatment, recovery and disposal of the EEE that they supply to businesses. The Regulations allow Producers and businesses to agree alternative financing arrangements. This is a commercial decision and is should now form part of the normal negotiating processes for supply contracts in the future.

Commercial EEE put on the market before 13 August 2005

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.

Kenny Ling is a trainee solicitor working in Burnetts’ commercial division. For further information on the WEEE Regulations call 01228 552222.

Mar 08