Producer WEEE Scheme Membership Terms and Conditions

B2B Compliance

The WEEE Directive is European environmental legislation. It aims to address the environmental impacts of WEEE, and to encourage its separate collection, and subsequent treatment, re-use, recovery, recycling and environmentally sound disposal.

Under the Electronic Waste Directive, any Electrical and Electrical Equipment (EEE) product that will eventually become waste in the commercial and industrial waste stream - essentially any equipment disposed off by a non-household user will attract a B2B obligation. B2B obligations were introduced in July 2007.

The responsibility for recycling historic WEEE - sold before the 13th of August 2005 - will rest with the producer. For new WEEE - sold after 13th August 2005 the producer and retailer are directly responsible for its collection and recycling.

Benefits of Membership with WCUK

  • Managed collection, treatment and recycling/ recovery of WEEE.
  • Commitment to re-use as requested by the Regulations.
  • Registration with the appropriate authority- SEPA/EA.
  • Clear evidence of compliance and recycling/recovery targets.
  • Guidance and advice with regards to the WEEE Regulations and requirements.

  • 1. Terms and Definitions
    • 1.1. ATF- Accredited Treatment Facility. A recycling plant or process that has been accredited by SEPA or EA.
    • 1.2. B2B means and/or relates to EEE that was or is intended for use by users other than private households and/or WEEE from users other than private households.
    • 1.3. B2B Member means a member whose membership of the Producer WEEE Scheme relates to EEE that was or is intended for use by users other than private households and WEEE from users other than private households under the Regulations.
    • 1.4. Declaration of Compliance means a declaration of compliance provided by the Member to WCUK in relation to the compliance period.
    • 1.5. Directive has the same meaning as in the Directive- Waste Electrical and Electronic Equipment (WEEE) Directive 2002/96/EC.
    • 1.6. EEE- electrical and electronic equipment.
    • 1.7. First Compliance Period- 1st July 2007 to 31 December 2007.
    • 1.8. Second Compliance Period- 1st January 2008 to 31st December 2008.
    • 1.9. Obligation year means a relevant compliance period during which the Producer must be a member of a Compliance Scheme.
    • 1.10. Producer has the same meanings as in the regulations.
    • 1.11. Recovery has the same meaning as in the regulations.
    • 1.12. Recycling has the same meaning as in the regulations.
    • 1.13. Reuse has the same meaning as in the regulations.
  • 2. A member may become a member of WCUK as a B2B member only.
  • 3. Categories of WEEE accepted are as follows: All 13 categories of WEEE can be handled.
  • 4. WCUK will notify all potential members when WCUK has received a notification from the Scottish Environmental Protection Agency that the application for the approval of the WEEE Scheme under the Regulations has been granted.
  • 5. B2B Producer Obligations- WCUK will apply to register all Producers who wish to become members of WCUK with the Scottish Environmental Protection Agency.
  • 6. All WEEE will go to an Approved ATF designated by WCUK.

Member's Obligations

  • 7. The member shall comply with the Regulations and all reasonable recommendations made by WCUK in relation to the Member's Producer Responsibility Obligations.
  • 8. The member agrees that, whilst it is a B2B Member, it shall not seek to fulfil its B2B Producer Responsibility Obligations such as by fulfilling those obligations itself, or by contracting with a third party, or by joining another compliance scheme registered under the regulations or in any other way.
  • 9. The member shall be responsible for providing to WCUK a Declaration of Compliance in relation to each Obligation Year. This will include the following:
    • 9.1. The amount of WEEE (in kg) for which the Member has been responsible for financing the costs of the collection, treatment, recovery and environmentally sound disposal of WEEE within each specified category in accordance with the regulations.
    • 9.2. The Declaration of Compliance shall be used by WCUK to provide a declaration of compliance to SEPA on behalf of the member and must therefore must be such as to enable WCUK to comply with it's obligations under the regulations.
    • 9.3. The Member shall be and remain responsible for ensuring that the Declaration of Compliance is as accurate as reasonably possible.
  • 10. The member shall provide WCUK with the following on request;
    • 10.1. Information required by WCUK to enable compliance with the obligations in the Regulations.
    • 10.2. Information relating to the actual and estimated obligations of the Member under the Regulations- and data verifying the information provided to WCUK and a description of how the member has collected and collated the information.
  • 11. The member shall inform WCUK immediately upon becoming aware of any change in the Member's obligations under the regulations
  • 12. The member shall maintain and store in either electronic or written format, all documents and appropriate records for a minimum of 4 years.
  • 13. Where the approval of the Producer WEEE Scheme is withdrawn for any reason under the regulations, WCUK shall allocate Evidence Notes acquired by WCUK in complying with WCUK's obligations under the regulations between the Members of the WEEE Scheme.
  • 14. Where the approval of the Producer WEEE Scheme is withdrawn for any reason under the regulations, WCUK will endeavour to locate the services of another Compliance Scheme to take over the obligations of the members.
  • 15. All financial agreements will be conducted privately between WCUK and the members. These contracts will be in place prior to membership being granted.
  • 16. The Member hereby irrevocably and unconditionally agrees to indemnify and keep indemnified WCUK from and against all demands, claims, liabilities, losses, damages, costs and expenses whatsoever (including all reasonable legal and other costs and expenses, together with value added and similar taxes thereon (if applicable) incurred by WCUK in enforcing WCUK's rights under this indemnity) and from and against all actions, suits and proceedings which may be commenced, taken or made against WCUK arising in relation to or in connection with any breach of the Regulations by the Member. The provisions of this clause 16 shall continue in force notwithstanding termination of the Agreement howsoever caused.