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What is the WEEE Directive? How am I affected by the WEEE Directive in other countries? Who has obligations under the UK WEEE Regulations? What EEE products do the WEEE Regulations relate to? What are the key dates in 2007? What are my obligations as a producer? What are my obligations as a distributor (retailer)? Can I be both a producer and a distributor? How much will it cost me to comply? How will WEEE work in the UK? Can I register with REPIC for all of Europe? What do all of the abbreviations mean? |
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What is the WEEE Directive? The Waste Electrical and Electronic Equipment Directive, 2002/96/EC, originally passed by the European Parliament in Brussels on 27th January 2003. It was subsequently amended by 2003/108/EC on 8th December 2003. It is a producer responsibility directive, and all producers and distributors of electrical and electronic equipment that are affected must comply. The objective of the directive is to promote recycling, minimise waste and stimulate the development of more environmentally friendly products for the future. In the UK, it has been transposed into national law by Statutory Instrument 3289, The Waste Electrical and Electronic Equipment Regulations 2006, made on 11th December 2006, which became law on 2nd January 2007. Click on the link on our home page to download a copy of the UK WEEE Regulations. In the UK the Department of Trade and Industry (DTI) is the lead government department responsible for the implementation of the WEEE Directive, working in partnership with the devolved administrations. The Environment Agencies will be the enforcement agencies for the WEEE Directive in the UK, and the Department of Environment Food and Rural Affairs (DEFRA) is responsible for the permitting of authorized treatment facilities. Each department provides further information regarding the UK implementation of the directive on their website. Follow the easy links on our links page to view this. back to top How am I affected by the WEEE Directive in other countries? The WEEE Directive is a framework directive and must therefore be transposed into national law by each of the EC member states. The directive has been transposed differently in each country and if you sell or put EEE on the market in member states other than in the UK, you need to check whether you are affected by the Directive in each of those member states. REPIC is a member of the WEEE Forum, which is an organisation of not for profit compliance schemes across Europe. The WEEE Forum has tried to make this process as simple as possible by providing a page on their website which allows you to make contact with producer compliance schemes similar to REPIC in each country by the completion of a single form. A link to this page can be found on our links page. back to top Who has obligations under the UK WEEE Regulations? EEE producers (and their compliance schemes) and distributors (and the Distributor Take-back Scheme) have the main obligations under the UK WEEE Regulations. Local authorities and the waste management industry, including exporters and reprocessors, and businesses and other non-household users of EEE are also affected. A Producer – defined as: Any person who, irrespective of the selling technique used, including by means of distance communication a) manufactures and sells EEE under his own brand; b) resells under his own brand EEE produced by other suppliers (and the brand of the supplier does not appear on the equipment); or c) imports or exports EEE on a professional basis into a member state. A Distributor – defined as: Any person who provides EEE on a commercial basis to a party who is going to use it. This includes internet sales and sales to employees. Click on the clapper board on our home page to see if you have obligations. back to top What EEE products do the WEEE Regulations relate to? The WEEE Regulations define electrical and electronic equipment as: Equipment which is dependent on electric currents or electromagnetic fields in order to work properly and equipment for the generation, transfer and measurement of such currents and fields falling under the categories set out in Schedule 1 to these Regulations and designed for use with a voltage rating not exceeding 1,000 volts for alternating current and 1,500 volts for direct current. There are 10 main categories of EEE referred to in Schedule 1 of the Regulations, with a further breakdown by type of equipment being listed in Schedule 2. The main category headings are: - Large household appliances - Small household appliances - IT and telecommunications equipment - Consumer equipment - Lighting equipment - 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 In addition, there are three separate sub-categories that are extracted from the above main categories, making thirteen in total. The three sub-categories are: - Display equipment - Cooling appliances containing refrigerants - Gas discharge lamps The Regulations do not apply to EEE that is connected with the protection of national security (arms, munitions etc), is intended specifically for military purposes, or is part of a type of equipment to which Schedule 1 does not apply. E.g. a car radio. Unfortunately not all EEE products readily fall into the Schedule 1 or 2 categories and there is no definitive list of products that are in and out of scope of the WEEE Regulations. In order to help businesses determine which of their products fall within the scope of the Regulations, DTI have advised that they will be producing a non-statutory guidance document. The European Commission has also produced a non-legally binding Frequently Asked Questions Document which provides information on product scope. A link to this can be found on our links page. REPIC also provides advice to its members and information sharing pool. Your trade association may also provide another useful source of information to assist in your decision making process. back to top What are the key dates in 2007? 02/01/07 WEEE Regulations become law. Non-statutory guidance notes to be published by DTI in draft form in February. 28/02/07 Environment Agency to complete approval of producer compliance schemes. 15/03/07 Deadline for producers to register with producer compliance schemes. 31/03/07 Deadline for producer compliance schemes to register producers with Environment Agency. 01/04/07 Producer product marking obligations commence. Producers to provide recycling information on any new EEE placed on the market from this date within one year of doing so. 01/04/07 Producer interim funding period for hazardous WEEE commences – this obligation is not included in the WEEE Regulations. Further information is expected from the DTI regarding this. 17/04/07 Environment Agency to issue preliminary 2007 market share percentages to producer compliance schemes based on the 2006 EEE sales data submitted with producer registrations. 01/06/07 EA approve to producers and issue WEEE registration numbers to producer compliance schemes. 01/07/07 Full producer and distributor responsibility commences – B2C and B2B. Producers must comply with the requirement of Article 8 of the WEEE Directive where they put EEE on the market in any member state other than the UK by means of distance selling, and keep appropriate records. PCS’s commence WEEE collections. 31/12/07 First compliance period ends. back to top What are my obligations as a producer? Join a producer compliance scheme. Click on our join us page for details of how to join REPIC. - For the 2007 compliance year on or before 15/03/07. - For future compliance years on or before 15th October. - For new producers entering the market within 28 days of first placing EEE on the market or forming the intention to do so. - Producers may join one scheme to fulfil their B2C obligations and one scheme for their B2B obligations. - The Regulations allow businesses that are not legally registered in the UK to register as Producers. Declare your Producer WEEE registration number to any distributor who sells or otherwise supplies your EEE. Mark in-scope EEE products with the crossed out wheeled bin symbol, a date mark and producer identification mark. Provide information on reuse and environmentally sound treatment of each new type of EEE that you put on the market within one year of it being placed on the market. Comply with the requirements of Article 8 of the WEEE Directive where you put EEE on the market by means of distance communication in any member state except the UK on or after 1st July 2007. Record information on the amount in tonnes of such EEE that you put on the market. Keep any records in relation to your producer obligations for a period of four years from the date that they are produced. back to top What are my obligations as a distributor (retailer)? A distributor who supplies new EEE must Provide a one-for-one, in-store take-back of WEEE from private households, at least free of charge when a consumer purchases new EEE that is of equivalent type or is fulfilling the same function as the WEEE being discarded, or provide a suitable alternative. The alternative in the UK is for the distributor to join the Distributor Take-back Scheme (DTS) and direct the consumer to the nearest WEEE disposal site approved as a Designated Collection Facility (DCF). In addition, distributors can continue to offer to take-back product from the home on delivery of a new item. Provide information to users of EEE in private households on the collection and take-back systems that are available to them, their role in contributing to the reuse, recycling and recovery of WEEE, the potential harm to the environment and health that hazardous substances in EEE can cause, the meaning of the crossed out wheeled bin symbol and the requirement of each member state to minimize the disposal of WEEE as unsorted municipal waste and achieve a high level of WEEE collection. Keep any records in relation to your distributor obligations for a period of four years from the date that they are produced. back to top Can I be both a producer and a distributor? Yes, for instance you may be a producer of EEE that sells direct to the end consumer via the internet or through staff sales. You may also be a distributor who sells own brand EEE or imports EEE. The obligations are discrete and must be met separately. See FAQ’s above for details of each obligation. back to top How much will it cost me to comply? Compliance schemes must pay an annual application fee for each producer registration, the amount payable being dependent upon the company’s VAT status and turnover. Compliance schemes will require each producer to pay this cost. The registration fees payable are: £30 – for companies that are not, and are not required to be VAT registered. £220 – for companies that are, or are required to be, VAT registered and who had a turnover of £1 million or less in the last financial year £445 – for companies that are, or are required to be, VAT registered and who had a turnover of more than £1 million in the last financial year. If you join more than one scheme (i.e. one for B2C and a separate one for B2C) you will need to pay two annual application fees. In addition to the annual EA application fees, you will be required to pay any annual membership fees that your compliance scheme may charge, your share of scheme overhead costs and the costs of the WEEE for which you are responsible. back to top How will WEEE work in the UK? This will depend upon whether the WEEE arises from private households or sources other than private households a) WEEE arising from private households. The UK government is responsible under the WEEE Directive for ensuring that an adequate collection network exists for WEEE from private households and is proposing to discharge this obligation by either requiring distributors to take-back WEEE in store when a private householder purchases a new item as outlined above, or join the Distributor Take-back Scheme (DTS) which will provide funds to existing civic amenity sites to upgrade and become approved designated collection facilities (DCF’s). The DCF network will be supplemented by other approved third party sites. Distributors participating in the DTS will then be permitted to direct private householders to their nearest DCF to dispose of their WEEE. Producers are responsible for financing the collection, treatment, recycling and disposal of household WEEE that is separately collected in DCF’s in accordance with their market shares in each EEE category. WEEE will only be classed as separately collected in a DCF if: 1. It is a whole appliance 2. It is not mixed with other waste 3. It is not contaminated If the WEEE is not separately collected in a DCF and not free from contamination by other waste it is not WEEE and producers will not be responsible for its collection, treatment etc. Producers are not obliged to undertake roadside or household waste EEE collections. There is no maximum amount of WEEE to be collected and however much is generated in a compliance period, must be collected and producers must finance it. The minimum UK target is 4 kilogrammes per person per year. There are five proposed DCF collection groupings which are derived from the technology required to recycle each group: a. Large household appliances (category 1) other than cooling appliances b. Cooling appliances in category 1 c. Display equipment containing cathode ray tubes d. Gas discharge lamps e. All other WEEE Producers must meet their financing obligations by joining an approved compliance scheme. After gaining approval from the Environment Agency, compliance schemes are required to register their members with the Environment Agency who will confirm individual producer registration numbers and advise schemes of the market shares of their members in each EEE category. Compliance schemes will then be responsible for making arrangements to collect sufficient WEEE from DCF’s to meet their members obligations and obtaining the necessary evidence. REPIC fully supports the establishment of the proposed WEEE Scheme Forum allocation centre as a way of effectively matching DCF's to scheme WEEE collection requirements. WEEE must be treated, recycled and recovered at either authorised treatment facilities (ATF’s) or by approved exporters, in accordance with required treatment standards. Evidence may only be provided to compliance schemes by approved authorised treatment facilities (AATF’s). It is unlikely that compliance schemes will be able to match exactly their WEEE collections with their members market share obligations and the government will establish a WEEE exchange to enable schemes to sell any surplus evidence or buy any additional evidence required after the end of each compliance period. The WEEE exchange will also provide a fall–back mechanism for DCF’s to recover costs incurred in treating and recovering WEEE where they have been unable to secure collection by a compliance scheme. Compliance schemes must demonstrate that they are meeting the Directive’s targets in relation to the recoveries from WEEE that are sent for treatment and provide reports to the Environment Agency on the amount of WEEE collected. The targets require a minimum percentage recovery by average weight of appliance and minimum percentage reuse and recycling of components, materials and substances by average weight of appliance. The recovery and reuse/recycling targets are in relation to four categories (derived from the ten EEE categories) as follows: 1. WEEE that falls in categories 1 and 10 - 80% recovery 75% reuse/recycling 2. WEEE that falls within categories 3 and 4 - 75% recovery 65% reuse/recycling 3. WEEE that falls within categories 2, 5, 6, 7 and 9 - 70% recovery 50% reuse/recycling 4. Gas discharge lamps (part of category 5) - 0% recovery 80% reuse/recycling There are no recovery targets for category 8 and the reuse targets do not apply to whole appliances. The WEEE Directive distinguishes between future and historic WEEE. Historic WEEE is WEEE that arises in relation to EEE put on the market before 13th August 2005, future WEEE being in relation to EEE placed on the market on or after that date. With regards to future WEEE the Directive encourages the principle of individual producer responsibility, i.e. producers meeting their obligations by taking back their own products. In the UK WEEE Regulations all B2C WEEE is being treated in the same way and the market share obligation relates to all WEEE collected irrespective of whether it is historic or future. The WEEE Regulations require schemes to provide a report by 31st December 2007 on how their members may take financial responsibility for their own future WEEE and provide a guarantee when placing a product on the market to ensure that the WEEE that will arise from that product will be financed. b) WEEE arising from sources other than private households. This is not a collective obligation and each producer is responsible for financing the collection, treatment, recycling and recovery of B2B WEEE in accordance with the following principles: a) Where EEE is put on the market before 13th August 2005, and a producer is supplying new EEE to replace it that is equivalent in type or is fulfilling the same function, the producer is responsible for financing the disposal of the WEEE arising. b) Where EEE is put on the market on or after 13th August 2005 the producer supplying the new EEE is responsible for disposal of the WEEE that will arise from it. c) Otherwise, the end user who is discarding the WEEE is responsible. Nothing prevents a producer concluding an arrangement whereby parties to an agreement decide to finance the costs differently. back to top Can I register with REPIC for all of Europe? As explained above, you will have to register individually with each country you are a producer in. See our links page to access the WEEE Forum compliance schemes enquiry form, or alternatively click on the relevant country on our links page to be taken to the website of the not for profit compliance scheme operating in that country. back to top What do all of the abbreviations mean? AATF – Approved Authorised Treatment Facility ATF – Authorised Treatment Facility B2B WEEE – WEEE from users other than private households B2C WEEE/WEEE from private households - This is WEEE that is discarded by a private householder or is discarded by commercial, industrial institutional and other sources and because of its nature and quantity is similar to that from private households e.g. one kettle being disposed of by a business. DCF – Designated Collection Facility. These will be the sites that will form the UK WEEE collection network. DCF’s are all subject to approval and will be either a civic amenity site or other approved third party sites. EEE – Electrical and Electronic Equipment PCS – Producer Compliance Scheme WEEE - Waste Electrical and Electronic Equipment back to top |