WEEE Guidance

What is WEEE?

WEEE is Waste Electrical and Electronic Equipment. It encompasses everything from electronic games, calculators, toasters and kettles to ‘fridges, washing machines, audio systems, televisions and of course computers and their peripherals. Currently it does not include consumable items. The UK produces about 915,000 tonnes of waste electrical and electronic equipment (WEEE) each year from domestic and commercial sources.

Guidance on WEEE

Should you be part of a WEEE Scheme?

Every retailer selling electrical goods, no matter how small a part of their business, will be required to register and contribute to a central fund or offer free in-store take back from January 2006 on a 'like for like' basis. Read on for further information & some advice & options

What is the problem?

At end of life too much WEEE is going to landfill or incineration when it could be reused or reclaimed in one way or another. Simply put, we are running out of space to dispose of our waste. The increasing financial burden is being borne by society in general through local and national taxation, rather by specific users of those products. By clearly identifying the problem and the cost of solving it the EU hopes to have a more effective use of the natural, sometimes non-renewable and often polluting resources used in the production and final disposal of these items. To this end the EU introduced a Directive to handle the problem – aiming at reducing WEEE and increasing the rates of reuse, recovery and recycling. The Directive (Directive 2002/96/EC) has passed or will pass into law in all Member states,

What does the directive say?

First, some relevant definitions

A producer is any person (for this purpose a person means a legal entity, a business, including sole traders) that manufactures (= assembles) or sells electrical or electronic (EE) products under his own brand, or resells under his own brand equipment produced by other suppliers, or imports or exports EE equipment on a professional basis into Members states.

A distributor means any 'person' who provides EE equipment on a commercial basis to the party that is going to use it, such equipment bearing a producer’s brand.

Thus, if you are a reseller or dealer selling only branded products that you buy in, then you are a distributor; if you consider that you are a dealer or reseller, but sometimes you provide systems that are assembled by yourself or that you buy-in ready assembled and put your own brand on them, then you are a producer as well as a distributor.

Orphaned WEEE is that which occurs when the producer no longer exists in the market.

In essence the Directive says that industry and commerce must be responsible for the mess it creates. It puts the burden most heavily on manufacturers ('producers') and somewhat less heavily upon retailers, resellers and dealers ('distributors'). However it does allow that the cost of complying with the regulations may be identified to users. So although the logistical and cost management of collection and recycling is the responsibility of the producer and distributor, the actual cost of the process is, naturally and fairly, passed on to the user via the price paid when the product is originally purchased. Of course there’s nothing to stop producers from absorbing the costs – but that doesn’t really seem a likely option.

The provisions of the Directive apply to all products and producers, irrespective of size, of sales method and including distance and electronic sales. The Directive covers all EE equipment whether used by consumers or intended for professional use.

The Directive firmly establishes the principle of producer responsibility, and in doing so aims to encourage designers and producers of EEE to take into full account, and facilitate the repair, possible upgrading, reuse, disassembly and recycling of the products. Producers are specifically prohibited from designing elements of their products in order to make it difficult to re-use or recycle them.

Products that might otherwise be disposed of in household waste must bear the symbol of a crossed out wheelie bin to show their suitability for recycling. Although some timings for the full adoption of the regulations have slipped, this is a key provision and must be adhered to by 13th August 2005.

Governments of EU Members States must encourage consumers to return WEEE by ensuring there are sufficient convenient facilities including public collection points (Civic Amenity 'CA' sites) where households may return waste 'at least free of charge'. Priority is to be given to the re-use and recycling of WEEE wherever appropriate. However, the cost of the collection and recovery process is set firmly at the door of producers, specifically 'each producer should be responsible for financing the management of the waste from his own products'. Producers can fulfil this obligation either individually or by joining a collective scheme.

Each producer should, when placing a product on the market, provide a financial guarantee to prevent the costs for the management of WEEE from orphan products falling on society or on the other producers.

All producers existing in the market when the costs occur should share the responsibility for managing historical waste. This is to be done via collective financing schemes to which all producers contribute proportionately. Collective financing schemes should not have the effect of excluding niche and low volume producers, importers and new entrants. In other words, if you are in a collective scheme and one of the collective goes out of business, then the burden of paying for the WEEE from that producer’s orphaned products will fall upon all the other members of the scheme.

When supplying a new product, distributors must ensure that WEEE items can be returned to them free of charge on a one to one basis provided the returned equipment was of the equivalent type and had the same function as the new item they are supplying. In other words, if you are a retailer for every system you sell you must take one back if the customer wants you to.

Producers may set up and operate individual or collective take-back systems for WEEE from private households. In the case of WEEE from other than private households, producers or third parties acting on their behalf must provide for the collection of the waste.

In order to facilitate the reuse and the correct and environmentally sound treatment of WEEE, including maintenance, upgrade, refurbishment and recycling, producers must provide reuse and treatment information for each type of new EEE put on the market within one year after the equipment is put on the market. This shall identify, as far as it is needed by reuse centres, treatment and recycling facilities implementation of this Directive the different EEE components as well as the location of dangerous substances within the EEE. This information is to be made available to reuse centres, treatment and recycling facilities by producers of EEE in the form of manuals or my means of electronic media (e.g. CD-ROM, online services).

After 13th August 2005 any producer of an EE appliance put on the market after that date must be clearly identifiable by means of a mark on the appliance, and the date the appliance was put on the market is also to be clearly marked. The European Commission intends to promote European Standards for this purpose

IN SUMMARY - PRODUCERS

Producers are divided into two categories - those that supply electrical and electronic equipment (EEE) to consumers and those that supply to businesses. Many producers will fall into both categories, but each has different responsibilities.

For those that supply EEE to consumers, they will be required to:

Register company information with a central authority
Provide annual sales data to a central authority. This is likely to be the number of sales units and their weight relating to each of the 10 categories.
Finance and arrange for the collection, treatment and recycling/recovery of WEEE from Designated Collection Facilities (DCF) allocated to them by a central authority
Report evidence to the central authority that this has been done.
Demonstrate that financial provision has been made for the collection, treatment and processing of post-August 2005 products, unless the company has registered with a compliance scheme

Producers will have the option of performing these responsibilities themselves or outsourcing to a compliance scheme.

For those supplying to business users:

For equipment supplied to businesses after January 2006, producers must finance the costs of collection, treatment, recovery and disposal unless alternative arrangements have been made with the user
For equipment supplied until January 2006, producers are only responsible for financing the removal of equipment on a like-for-like basis.

In addition, Producers will be required to:

Ensure correct markings and labelling are on products placed on the market from 13 Aug 2005
Provide information on components that can be reused and recycled

IN SUMMARY - RETAILERS

Be up to date with the WEEE Regulations, and other important issues – join the TCA - YOUR industry association.

Re-use is the best route to WEEE Compliance!

The best way to ensure you accord with the spirit of the WEEE Directive is to ensure your used products are re-used. Contact Computers4Africa www.computers4africa.org.uk
where you will find out about local pick-up of unwanted technology in your area

The Wastecare Scheme for Retailers

A scheme that seems able to focus clearly on the needs of small producers (less than one tonne per annum) is WasteCare, and they have provided us with this breakdown of their charges. The following is their quotation (in 2008) and the TCA bears no responsibility for the accuracy or content. Should you wish to discuss this with Wastecare, their contact details are at the foot of this article. Mention the TCA when you do.

From Wastecare

WeeeCare - 2009 WEEE Compliance Quote Membership fee: £190 Environment Agency fee £220/£445 Based on whether your company is VAT registered to under/over £1m turnover. Payable on joining scheme.

COMPLIANCE COSTS

B2C Underwritten We will guarantee to cover their B2C obligations for the whole of the compliance period. No quarterly billing, no uncertainty regarding costs. Payment is made in advance at the start of the compliance period. They will be charged a fixed cost per tonne produced in the previous 12 months to cover their compliance in 2009 regardless of the national arisings via DCFs.

Cat 3 - 1 tonne X x £27.75
Total…………………………….£27.75

B2B Underwritten (optional for any producers selling direct to businesses) This is a guaranteed fixed cost scheme option to cover their B2B obligations for the whole of the compliance period. Payment is made up front at the start of the compliance period. We charge a cost per tonne produced in the last 12 months and this will cover collections of their obligated WEEE in this compliance period. The producers can of course pay as any waste arises but I am sure you will agree £12 p/a for piece of mind is a good option.

Cat 3 - 1 tonnes X £12
Total…………………………………….£12

The deadline for changing schemes for 2009 is 15th October 2008 and please note their WEEE registration number is transferable and would remain the same if they decided to change schemes.

Retailer Take-back Scheme for Producers

Retailers are obliged to help their domestic customers recycle all waste electrical and electronic equipment. If they are a member of WeeeCare we will pay them £160 per tonne for all types of domestic weee we collect from both their premises and/or directly from their business customers, subject to a minimum collection of 300kg. Please note we will collect smaller amounts, however, will be subject to a minimum charge of £70 per collection or they have the option of delivering FOC to one of our 11 regional depots

More information from:Julia Jones WasteCare.co.uk Email : julia.jones@wastecare.co.uk Tel : 01757 708180Fax : 01757 707835