The WEEE Directive

Adopted into UK law in early 2007, the WEEE (Waste Electrical and Electronic Equipment) Directive is an EU wide directive designed to make manufacturers and importers (producers) of Electrical and Electronic Equipment (EEE) collectively responsible for those products when they become waste.

If you are a manufacturer, importer or brand owner selling into the Business to Business Market then you are likely to have obligations under the WEEE Directive as a 'PRODUCER'. One of these obligations is the need to join one of small number of "Producer Compliance Schemes" approved by the Environment Agency such as WEEE Compliance UK.

Similarly if you sell EEE to consumers in the UK then you are likely to have obligations under the WEEE Directive as a 'DISTRIBUTOR'.

WEEE falls under one of the 10 categories listed in the WEEE Regulations:

  1. Large household appliances (excluding ODS fridges/freezers)
  2. Small household appliances (eg toaster, kettle, vacuum cleaner)
  3. IT and telecommunications equipment (excluding CRTs)
  4. Consumer equipment
  5. Lighting equipment
  6. Electrical and electronic tools (with the exception of large-scale stationary industrial tools)
  7. Toys, leisure and sports equipment
  8. Medical devices (with the exception of all implanted and infected products)
  9. Monitoring and control instruments
  10. Automatic dispensers
Furthermore the WEEE regulations split out the following 3 product groups from the above categories for separate reporting:
  1. Cooling equipment
  2. Display equipment (CRTs) including plasma and LCDs
  3. Gas discharge lamps

For an item to be classified as EEE it should:

  • Be dependent on electrical current or electromagnetic fields to work properly
  • Use a voltage less than 1000V AC or 1500V DC
  • Be a final product (not a component or spare part)
  • Not be not subject to an exemption (fixed installation** , LSSIT, military equipment, consumable)

** A fixed installation is a combination of several items of equipment, systems, finished products and/or components assembled and/or erected by an assembler at a given place to operate together in an expected environment to perform a specific task, but not intended to be placed on the market as a single functional or commercial unit.

The WEEE Regulations define a 'PRODUCER' as:

  • A manufacturer of EEE selling into the UK
  • A re-brander of EEE who is replace the original brand
  • An importer of EEE on a professional basis from unregistered foreign manufacturers
  • A foreign manufacturer who sells EEE directly to UK end users
  • A foreign manufacturer of EEE who wants to relieve importers of the need to register (optional)

The WEEE Regulations place a number of obligations on 'PRODUCERS' including:

  • To join a Producer Compliance Scheme (PCS) such as WEEE Compliance UK
  • To pay an annual registration charge via a PCS to the relevant Environment Agency. The rates are different depending on the size of the organisation
    • £445 – businesses with a turnover over £1m
    • £220 – businesses over VAT threshold but less than £1m turnover
    • £30 – businesses below VAT threshold
  • From 1 July 2007 to pay for WEEE to be treated and recycled
  • To make quarterly reports of types and quantity of new EEE placed on the market for B2B and B2C
  • To mark new EEE with the crossed-out wheeled bin symbol (from 1 April 2007)
  • To declare their producer registration number to distributors (for household EEE only)
  • To make available information to aid recycling and the re-use of products
  • To keep ongoing records of EEE placed on the market

B2B Compliance

  • For new EEE, the producer is responsible for financing the collection and treatment of it when it is disposed of
  • For historical EEE (sold before August 05) that is being replaced on a like for like basis, the producer of any replacement item is responsible
  • For historical EEE (sold before August 05) that is NOT being replaced on a like for like basis, the producer has NO obligation and the business end user is responsible
  • Producers can arrange take back and treatment themselves or pay a compliance scheme to do it

B2C Compliance

Regulations applying to B2C WEEE are different and put the responsibility not on the 'PRODUCER' but on the 'DISTRIBUTOR'.

A 'DISTRIBUTOR' is defined as:

  • Any firm providing EEE directly to household end-users
  • This includes retail stores, mail order and internet sellers
  • The same firm may have both producer and distributor responsibilities

A 'DISTRIBUTOR' is responsible for:

  • Helping their customers dispose of WEEE by providing free take back facilities either:
    • In-store or at local collection points
    • Joining the Distributor Takeback Scheme (DTS)
  • If taking back in-store or at local collection points the DISTRIBUTOR must keep records of the number of items of household WEEE returned
  • Providing information to their customers on:
    • The environmental impact of WEEE and the benefits of separate collection
    • The takeback arrangements offered by the distributor, and how to access the DTS network of collection facilities if a member
    • The meaning of the crossed out wheeled bin symbol
  • Maintain records of the information provided