WEEE compliance has finally arrived in the UK. The Waste Electrical and Electronic Equipment Regulations 2006 are due to enter
into force on 2 January 2007, thereby implementing Directive 2002/96/EC (known as the WEEE Directive).
The Regulations are aimed at reducing waste from electronics and electrical goods (WEEE), in particular computers, mobile
phones, games consoles etc and encourage (with registration requirements and financial penalties) the re-use, recycling and
recovery of WEEE ultimately to improve the environmental performance of all operators involved in the lifecycle of WEEE. Therefore,
the Regulations apply to producers, importers, retailers, distributors and also business users of electrical and electronic
equipment (EEE).
The greatest impact will be felt by producers of such equipment who will be responsible, from July 2007, for financing the
costs of the collection, treatment, recovery and environmentally sound disposal of WEEE from private households deposited
at designated collection facilities or returned via distributors, and also certain WEEE from business users. In support of
this financial commitment, and to enable the share of costs to be ascertained by the relevant authorities (the Environment
Agency in England and Wales), producers need to file declarations of compliance, supporting evidence and information. These
obligations can be fulfilled by joining an approved compliance scheme (e.g. REPIC, B2B Compliance etc) by 15 March 2007 –
at a cost of course. The Regulations also deal with the requirements imposed on such compliance schemes and on authorized
treatment facilities (ATF).
All new EEE must be marked with the crossed out wheelie bin symbol (see attached pdf), a producer identification mark and date mark. Producers must also provide information on re-use and environmentally sound
treatment for each new type of EEE put on the market. Specific reference is also made to distribution of EEE by e-commerce
or other long distance communication methods. Distributors are also caught and required to provide in-store take-back service
for certain WEEE or join special distributor take-back schemes.
Special consideration applies to the B2B supply of EEE: depending on whether or not the WEEE disposed of is “historic” (i.e.,
put on the market before 13 August 2005) or replaced on a like-for-like basis, the business user could be responsible for
the financing obligations and to ensure the WEEE is treated at an ATF or exported for treatment outside of the UK. In the
alternative, business users could of course outsource these obligations back to the producer or other provider. Business users
and producers are therefore advised to enter into clear arrangements to agree which party will be responsible to deal with
and pay for the collection, recovery and recycling of WEEE. The challenge for business users is to be aware when the take-back
services on offer as a bespoke service are in fact obligations imposed on the supplier in any event under law.
In essence, the waiting is over, and the UK will finally join the rest of Europe in 2007 with respect to full WEEE compliance.
Producers and importers in particular would be well advised to review their existing compliance models to ensure they meet
UK requirements, which may diverge from those of other European Member States.
