The WEEE Directive is aimed at reducing the amount of waste electrical and electronic equipment that ends up in landfill. This goal is to be achieved by changes throughout the EEE product cycle including improved product design to ease dismantling, recycling and reuse and, more significantly, provision of national WEEE collection points and processing systems. The latter allows consumers to put WEEE into a separate waste stream to other waste, resulting in it being processed, accounted for and reported to the national enforcement authority. The cost of this collection and processing of WEEE is met by producers, although consumers will inevitably see the effect in the raised prices they pay. The implementation of a national WEEE scheme requires involvement from national and local government, EEE manufacturers, distributors, vendors and consumers. Most EEE is covered by the Directive but there are specific exclusions for large scale industrial tools and products designed for military use.
To comply with WEEE regulations producers must join a Producer Compliance Scheme which provides a link between producers and environment agencies as well a number of services to enable WEEE to be effectively and economically recycled or reused. New EEE placed on the market must be marked with certain information to allow for correct disposal by the end user. Also information must be made available to treatment facilities so new products can be efficiently reprocessed.
It is important to note that the WEEE Directive does not stipulate how its aims should be achieved and the system therefore currently varies between member states. A new WEEE Directive is proposed for publication in early 2012 that should solve this problem, among others.
The Restriction of the use of certain Hazardous Substances (RoHS) Directive and the Waste Electrical and Electronic Equipment (WEEE) Directive were published at the same time and are linked in purpose. The WEEE Directive is aimed at reducing the amount of waste electrical and electronic equipment destined for landfill, whereas the RoHS Directive is aimed at eradicating certain hazardous substances from new electrical and electronic equipment in the first instance.
The WEEE Directive is far more complicated and involved than the RoHS Directive and is explained in more detail below. For information on the RoHS Directive, see our RoHS page. The most obvious link between the two Directives is that the RoHS Directive takes its scope largely from the WEEE Directive.
Directive 2002/96/EC of the European Parliament and of the Council, of 27 January 2003, on waste electrical and electronic equipment (WEEE). Published in Official Journal L37, 13 February 2003. Amended by Directive 2003/108/EC on 8 December 2003 - Official Journal L 345, 31 December 2003.
The UK Regulations implementing the WEEE Directive entered into force on 2 January 2007. The WEEE (Amendment) Regulations 2007 entered into force on 1 January 2008, containing various clarifications but no major policy changes. Both are available from the BIS web page on the Directive.
The European Parliament and EU Council have set the goal of reducing the amount of Waste Electrical and Electronic Equipment (WEEE) going to landfill and reducing the hazardous substance content of Electronic and Electrical Equipment (EEE). This is in light of the fact that WEEE is Europe's fastest growing waste stream - growing at three times the rate of other wastes.
With regard to WEEE, this goal should be achieved through a much more environmentally aware approach to all aspects of the EEE product cycle, including improved product design to allow for ease of dismantling (for recycling or re-use). However, more significantly the WEEE Directive stipulates that provision for comprehensive separate WEEE collection and processing systems must be created and used. These allow WEEE to be easily returned by consumers, then collected, transported and processed effectively and economically. The financing of such schemes falls mainly on the producers, although consumers will inevitably see the effects of the proposal in slightly raised product costs. Distinction is made between 'private households' and 'users other than private households', to ensure that no additional costs are incurred by private households when disposing of WEEE.
The WEEE Directive applies to all electrical and electronic equipment listed in the categories below, which is dependent on electric current or electromagnetic fields in order to work properly, and equipment for the generation, transfer and measurement of such currents and fields, and designed for use with a voltage rating not exceeding 1000V for AC and 1500V DC, provided that the equipment concerned is not part of another type of equipment that does not fall within the scope of the Directive;
• Large household appliances
• Small household appliances
• IT and telecommunications equipment
• Consumer equipment
• Lighting equipment (with the exception of household luminaires)
• Electrical and electronic tools (with the exception of large-scale stationary industrial tools)
• Toys, leisure and sports equipment
• Medical devices (with the exception of all implanted and infected products)
• Monitoring and control instruments
• Automatic dispensers
Click here for examples of products in each of the above categories. Although the above list covers a wide range of products and in most cases it is clear whether a product falls within the scope or not, there are many “grey area” products that are hard to classify. Helpful guidance can be found from a variety of sources regarding product classification (see links section below), but it is practically impossible to obtain any answer from a governmental organisation that does not carry a caveat along the lines of “Any guidance given is to be taken only as guidance. Only a court can decide authoritatively on the specifics of each case and manufacturers/importers are advised to obtain legal advice for themselves”.
Excluded from category 6 (Electrical and electronic tools) are large scale industrial tools. These are defined as 'machines or systems, consisting of a combination of equipment, systems, finished products and/or components, each of which is designed to be used in industry only, permanently fixed and installed by professionals at a given place in an industrial machinery or in an industrial building to perform a specific task. They are not intended to be placed on the market as a single functional or commercial unit'.
Also exempt from the Directive is equipment specifically designed for military purposes.
The dictates of the WEEE Directive require a serious level of thought, management, coordination and effort from all levels of the EEE chain, including national and local government, EEE manufacturers, distributors, vendors and the consumers. As a consequence, the mechanisms of the WEEE Directive in the real world are not simple.
Basically the WEEE Directive aims to create mechanisms for consumers to conveniently put their WEEE into a waste stream that will be collected seperately from other waste, taken to a reprocessing facility, processed and logged and all accounted for by a responsible third party so the cost of it all can be fairly apportioned to producers. The following sections describe briefly the salient points of some of the main features of the existing UK mechanism.
'Producers', 'Distributors', consumers (personal and business), local authorities or council waste management officers, operators of treatment, reprocessing or recovery facilities.
Producer Compliance Scheme (PCS)
A major cog in the WEEE machine is the concept of Producer Compliance Schemes. Producers of EEE in the UK must register with a PCS. The PCS is the interface between producers and the Environment Agencies. The services they provide are:
• Registering members with the Environment Agency
• Reporting the amounts and types of EEE put onto the market by its members
• Declaring compliance to the Environment Agency against its obligations for the collection, treatment, recycling and environmentally sound disposal of WEEE, arising from its members' sales
• Providing evidence to the appropriate Environment Agency in support of the above declarations
• Raising consumer awareness of the options available to them for the disposal of WEEE in an environmentally friendly and responsible manner
• They may also arrange the collection, treatment, recycling and environmentally sound disposal of WEEE, and, where appropriate, trade evidence with other PCSs to ensure that obligations are discharged.
Distributor Takeback Scheme (DTS), through Designated Collection Facilities (DCFs)
The first stage of the WEEE processing chain is collecting WEEE disposed of by consumers. A major method of achieving this in the UK is the national Distributor Takeback Scheme, which incorporates a network of Designated Collection Facilities. The contract for the operator of the DTS is Valpak Retailer WEEE Services Ltd. for the first three compliance periods (2007-2009). After this period the Government will engage in national consultations to determine the success of the scheme and how best to proceed.
The DTS has three main operational objectives:
• To recruit members from Distributors within the UK market (including distance sellers) and to publish a public register of all members for inspection by consumers and the enforcement authorities
• To distribute funding to local authority controlled DCFs
• To compile and maintain a full list of all local authority, commercial or third sector operated DCFs.
Local Authorities also play a key role in the success of the current DTS, as all Local Authorities in the UK have signed up civic amenity sites to form a network of DCFs.
Approved Treatment Facilities (ATFs) and Accredited reprocessing facilities
Organisations wishing to undertake treatment of WEEE must obtain a waste management licence (or registered exemption) and must operate in accordance with the terms of that licence (or exemption) as an Authorised Treatment Facility. Separate organisations are required to be accredited reprocessors or accredited exporters for recycling and recovery. Evidence to demonstrate the processing of WEEE is in the form of evidence notes. These are in two parts; 1) Demonstrating the amount and type of WEEE that has reached an ATF for treatment, 2) demonstrating the amount and type of WEEE constituent material that has reached an accredited reprocessor or accredited exporter for recycling or recovery.
End of year settlement
The collection, treatment and accounting system for WEEE collected and dealt with must both demonstrate that the general national targets are met but also that each producer can demonstrate they have fulfilled their individual obligations. Because the WEEE will be collected and dealt with en-masse through national collective schemes, some collection sites and processing sites (and hence the manufacturers they are collecting for and processing on behalf of) will end up with surplus WEEE credit notes and some will end up with a deficit. A 'settlement period' has been built into the UK system to allow trading of these credit notes to ensure all parties concerned are fairly represented and meet their targets.
According to the WEEE Directive itself, “the responsibility and the financing of the management of historical waste should be shared by all existing producers in collective financing schemes to which all producers, existing on the market when the costs occur, contribute proportionately” i.e. producers are allowed to show consumers at the point of sale of a new product, costs they have incurred in relation to recycling historic WEEE. However, if this cost is shown, it must not exceed the costs incurred in collecting, treating and recycling a similar WEEE product.
Many groups in the EEE chain are affected by the WEEE Directive, but for the purposes of this web page only the requirements of the producers are covered, as these are the clients we deal most frequently with when assisting with WEEE Directive enquiries. Further information for other groups affected by the WEEE Directive can be found through the links on The Department of Business, Innovation and Skills site, or alternatively by contacting us at Conformance.
In the WEEE Directive a Producer is defined as: Any person who, irrespective of the selling technique used:
• manufactures and sells EEE under his own brand
• resells under his own brand equipment produced by other suppliers
• imports or exports EEE on a professional basis into a Member State
With regard to the main aim of the directives - to reduce the environmental impact of WEEE - the underlying sentiment of the directives is 'the producer should pay'. Specifically, this refers to the funding of collection, transportation, sorting and recycling or re-use of WEEE, along with the associated public relations and consultancy costs. The directive states that producers may undertake these tasks individually or become part of collaborative schemes with proportionate responsibility.
Under the WEEE Directive, the producer has the following obligations:
• Marking of EEE - All EEE placed on the market after 1 April 2007 must be marked with specific information to assist with separate collection when it is discarded as waste (the crossed out wheelie bin symbol), a producer identification and that the product was placed on the market after 13 August 2005. The latter marking can be achieved by marking the product with the date it was placed on the market or by putting the ‘black line’ under the crossed out wheelie bin symbol.
• Join a producer compliance scheme - Each producer must join a PCS. Through this membership the producers will finance the collection, treatment, recycling and environmentally sound disposal of separately collected WEEE. The PCS will, on the producer's behalf, register each of its members and will report information and declare compliance with obligations. It may also assist with clearance, treatment and reprocessing of WEEE, and trade evidence on their behalf.
• Information to assist treatment and recycling - Producers must make information available to treatment facilities and reprocessors on each new type of EEE they put onto the UK market within one year, to assist them with reprocessing and handling the WEEE.
• Provision of producer registration details - All producers must register with the relevant Environment Agency. This will generally be one of the duties performed by the PCS on the producer's behalf. The producer registration number must be provided to distributors when they sell EEE.
• Report level of sales of products to their PCS so the PCS can collate quarterly and annual data for national reporting purposes.
• Records of direct selling abroad - If a producer is based in the UK and selling direct to end users in other member states, records must be maintained of these sales including how the obligations in other member states have been complied with, for a period of six years.
A consultation was conducted by BERR in mid 2009 to review the European Commission proposals to recast the EC Directives on WEEE (and RoHS). The outcomes of this consultation will help inform the UK’s negotiating position in the European forum and the resulting new Directives (when agreed) are likely to take effect from the beginning of 2012. The proposals to the WEEE Directive are a consequence of the original Directive wording requiring it to be reviewed within five years of entering into force, to assess its application efficacy and create any necessary revisions. The outcomes of this review should be very interesting and important and should lead to (among others) changes in increased enforcement, lower administrative complexity and burden and harmonisation of Member State schemes (to resolve the problem of a producer having to register in each Member State they sell into).
Another consultation was conducted by BERR in mid 2009 to review proposed new UK Regulations and further development of the supporting infrastructure of the UK WEEE implementation measures. This should lead to further refined UK regulations and the proposed date for implementation of the The Waste Electrical and Electronic Equipment (Amendment) Regulations 2009 is 01/01/10.
It is important to note that the WEEE Directive not only stipulates a minimum requirement for Member States to achieve, but it also does not specify exactly how the aims are to be achieved. Thus, each Member State has its own regulations and schemes to implement the WEEE Directive, however it has decided is easiest and most appropriate.
The main impact this has on producers is that they currently have to register with the national body (or join relevant schemes, as appropriate) in each Member State they sell to i.e. just joining the scheme of the Member State the producer is based in is not sufficient. This problem has been realised by the European Commission and is currently under review - as mentioned above.
As the WEEE setup in each Member State is different, it is not possible to detail everything on this web site. For assistance regarding WEEE obligations in Member States other than the UK, please contact us at Conformance to discuss your needs.
Europa's website provides the European Commission's information regarding the Directive. This site contains all the official publications - Directives, Decisions, Consultations, Studies etc.
The Department for Business, Innovation and Skills website is the offical Government source of information regarding the WEEE Directive and includes the latest guidance notes, information, consultations and implementation proposals.
DEFRA is responsible for ensuring the permitting of Authorised Treatment Facilities for the WEEE Directive.
The Environment Agency is the enforcement agency for the WEEE Directive in England and Wales, with the Scottish Environmental Protection Agency (SEPA) in Scotland and the Northern Ireland Environment Agency in NI providing enforcement in the rest of the UK.
Valpak are the Government-appointed operator of the Distributor Takeback Scheme in the UK for the period 2007-2009.
As with any Directive, the actual requirements for any particular product or producer are very specific. For further advice specific to your products and requirements, please contact us at Conformance and we will be pleased to discuss your needs.