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The WEEE Regulations
The EU Directive on Waste Electrical and Electronic Equipment (WEEE) aims to deliver a more sustainable approach to managing electrical and electronic waste by increasing the volume of material recycled and therefore reducing the amount sent to landfill.
The UK Regulations place added responsibility on producers to pay the costs of collection, treatment, recycling and recovery of WEEE from January 2006.
Producers are defined as those manufacturing, importing or selling under own label electrical and electronic equipment. All producers are required to meet the requirements of the regulations, regardless of size or market share.
All separately collected WEEE must be taken to an 'authorised treatment facility' (ATF) from January 2006 to be treated under the new regulatory guidelines.
The regulations also place a burden on retailers to ensure that an adequate network of collection facilities exists to allow customers to dispose of their WEEE free of charge.
Producer requirements
Producers are divided into two categories, both with differing responsibilities:
Producers who supply EEE to household consumers are required to:
- Register
- Provide annual sales data
- Finance the collection, treatment and recycling/recovery of WEEE from 'designated collection facilities' (DCF)
- Provide evidence of compliance
- Demonstrate that financial provision has been made for the collection, treatment and processing of post
- August 13th 2005 products, unless the company intends to register with a compliance scheme
Producers who supply EEE to business customers must:
- Register and provide annual sales data
- For equipment supplied to businesses after August 13th 2005, producers must finance the costs of collection, treatment, recovery and disposal unless alternative arrangements have been made with the user
- For equipment supplied prior to August 13th 2005, producers are responsible for financing the costs of collection, treatment, recovery and disposal of equipment on a like-for-like basis, interpreted in the draft legislation as 'equivalent products or new products fulfilling the same function'
In addition, producers are required to:
- Ensure correct markings and labelling are on products placed on the market from August 13th 2005
- Make available information on components that can be reused and recycled
Retailer requirements
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. Charities and distance sellers are not exempt form the regulations.
Products covered by the WEEE Regulations
The Regulations divide WEEE into 10 categories and sets recycling and recovery targets for each group. What will be classified as WEEE has yet to be fully defined, but will probably only cover items whose primary function requires electricity.
The likely timetable
Like other member states to the EU, the UK governemnt's transportation of the regualtions has been delayed from August 13th 2004. The draft regulations are expected to be laid before parliament in autumn 2005 at the earliest.
Key milestones
May 31st 2005 - A consultation from the Department of Trade and Industry on waste permitting, exemptions, fees and the arrangements for date capture and enforcement. The regulatory agencies were to issue guidance on treatment standards at some point thereafter.
August 13th 2005 - Markings requirements starts on all products placed onto the market.
November 2005 - Registration of obligated companies based on the submission of data relating to WEEE placed on the market in 2004.
January 2006 - Producer and retailer obligations begin
January 2007 - Provision of evidence of compliance with 2006 obligations and re-registration for 2007.
The likely costs
Costs will be dependant on many factors that are still to be resolved including the data requirements, registration fees, treatment standards, permitting requirements and quantity of producer registrants. The cost of registration is expected to vary.
Under the Hazardous Waste Regulations that came into force July 2005, many items of WEEE (including fridges, televisions and fluorescent tubes) will be classed as hazardous and disposal costs can be expected to rise.