EAUC

Oxford University

Tuesday 20th November 2007

Waste Electrical and Electronic Equipment Directive

Anna Latham, Senior Consultant

Seminar Outline

• Background to the legislation

• How the legislation has been implemented in the UK

• Implications and considerations for the HFE sector

What is WEEE

• Waste Electrical and Electronic Equipment (WEEE) Directive (2002/96/EC)

• European Directive therefore implemented differently across all EU Member States

• Restriction of Hazardous Substances in Electrical and Electronic Equipment (2002/95/EC)– Implemented by the Restriction of the Use of Certain Hazardous

Substances in Electrical and Electronic Equipment Regulations 2006

Requirements of the Directive

• Member States must achieve a collection rate of at least 4 kilograms on average per inhabitant per year to be achieved by 31 December 2006

• Recovery/reuse and recycling targets per category (by average weight of appliance) also set e.g.

– Large household: 80/75%– IT & consumer: 75/65%

• Producers responsible for financing re-use and recovery of WEEE

UK Implementation

• Implemented in the UK through the Waste Electrical and Electronic Equipment Regulations 2006 (SI 3289)

and

• The Waste Electrical and Electronic Equipment (Waste Management Licensing) (England and Wales) Regulations 2006 (SI 3315)

Main Players

• Government – Dti (now BERR) (responsible for implementation)

• DEFRA (approving authorised treatment facilities only)

• Environment Agency / SEPA / EHS (regulating compliance schemes)

• Businesses – producers and end users• ‘Compliance Schemes’• Retailers• Local Authorities

Troubled History

• 13th Feb 2003 – Directive agreed in the EU• 28th March 2003 – First UK consultation on implementation• 25th November 2003 – Second UK consultation on implementation• 30th July 2004 ‘Final Consultation’

• 13th August 2004 – date by which transposition was supposed to have occurred

• 10th Aug 2005 – Implementation date announced as June 2006• 15th December 2005 – Urgent review of implementation called

Trouble History Cont…

• Informal stakeholder consultation in spring 2006• Formal consultation on draft regulations summer 2006• WEEE Regulations laid 12 December 2006• WEEE Regulations in force 2 January 2007

• Problems included:– Retailers vs. Manufacturers (visible fee / calculation of obligations)

– Local Authority concerns (clearance of DCFs)

– Environment Agency concerns (resourcing???)

– Changes of Minister / Officials

Guidance

• Regulations finally came into force on 2nd January 2007

• Producer responsibility began 1st July 2007

• Guidance available on BERR website

Scope

All equipment dependent on electrical currents or electromagnetic fields10 indicative categories:

• Large household• Small household• IT and telecommunications• Consumer equipment• Lighting equipment• Electrical and electronic tools• Toys leisure & sports• Medical devices• Monitoring equipment• Automatic dispensers

Indicative, but not exhaustive list of examples in Annex IB

Specific Exemptions

• Exemptions:• National security / military equipment• Stationary industrial tools• Luminaries in households• Implanted or infected medical products• EEE that forms part of equipment that is not in scope• Filament light bulbs and household luminaries (note that these are NOT

exempt from RoHS)

• Also:• Main power source must be electricity• Electricity needed for primary function• Not part of another type of equipment or fixed installation

DTi Guidance - Scope

Scope – Not always clear!

• Examples:

– Electricity Meter

– Portable heater running on mains electricity

– Fitted heater running on mains electricity

– Battery powered teddy bear

– Battery powered fan

Scope – BERR Guidance

Producer Obligations

• Producer - any person who, irrespective of selling technique used (including internet), including by means of distance:

– Manufactures and sells his own brand

– Re-sells under his own brand

– Imports EEE into the UK

• Producers required to register with a compliance scheme (by 17th March 2007)

• DTi will calculate / allocate each producers’ recycling obligations based on market share

• Producer responsibility began 1st July 2007

Producers

• Recovery / recycling obligation

• Also:– Ensure that products (wherever possible) have been designed to enable

reuse and recycling

– Mark products with correct labels and symbols (BS EN 50419:2006)

Plus producer ID and date of manufacture

Logistics

• Retailers must provided free take back in store for customers when making a like for like purchase of new equipment from August 2005Or

• Set up retailer compliance scheme (will result in upgrade of civic amenity site network)

• National network of DCFs being used to collect WEEE• Compliance schemes organise collection of WEEE and clearance

of DCFs on behalf of their members

• Approval and registration of compliance schemes

• Regulation of re-processors

Registration of producers

Compliance

Schemes

• Calculation of producer recycling responsibility

• Holds the exchange

PRODUCERS

END USERS

Send WEEE to DCF where obligated

DCF

RETAILERS

Upgrade civic amenity site network / provide take back

Clear DCFs

Send WEEE to accredited re-processor

Approved Authorised Treatment Facility

Register with a compliance scheme

Regulated by EA

Discussion - Are you a producer?

• For any equipment you place on the market (sell / import) that falls into the scope of the Directive – yes

• Check University activities against scope of Directive – register with a compliance scheme if necessary

Business User Obligations

• Business users will be responsible for some historic waste

• What is Historical Waste?– Waste products placed on the market before 13 August 2005

• Historical WEEE (placed on the market before 13 Aug 2005)– If no like for like replacement the end business user is responsible for

disposal costs – If like for like replacement of equipment – supplier (producer) responsible

• New Business WEEE (placed on the market after 13 Aug 2005)– Producer responsible, unless otherwise agreed with business user

‘Placed on the Market’

• Grey Area

• European Commission interpret this as placing on the community (EU) market

• The Commission's guide to new approach Directives - "the Blue Book"

• In reality, this will be difficult to manage and regulate

Manufacturer Distributor

Dealer Retailer

Customer Consumer

‘Blue Book’ Definition

BERR Guidance

We shall assume that this is the case for the purposes of this seminar

Was the equipment purchased before 13th August 2005?

Is the equipment to be disposed of within the scope of the WEEE Directive?1 Yes

Are you obtaining a ‘like for like’ replacement for the equipment?

The supplier of your new equipment is responsible for the disposal of the old equipment

Yes

NoYou are responsible for the disposal of the waste equipment

No

The requirements of the WEEE Regulations do not apply

Yes

No

Your original supplier is responsible for the disposal of the waste equipment

Flow chart of disposal obligations for business users under the WEEE Directive

1To Check scope:

• Refer to Annex 1A and 1B of the WEEE Directive http://eur-lex.europa.eu/LexUriServ/site/en/consleg/2002/L/02002L0096-20031231-en.pdf

• Ensure you have considered exemption rules in DTi Guidance documents http://www.dti.gov.uk/innovation/sustainability/weee/page30269.html

Challenges

• Do your purchasing systems allow you to trace back when equipment was purchased and from whom?

• Determining when something was ‘placed in the market’ is likely to be problematic

• Contacting / identifying historical suppliers to take away your historical waste may be problematic

• Identifying ‘the Producer’

‘Like for Like’

‘Like for Like’

• Fulfils the same function• Need not be identical in all respects• Take account of technological developments and improvements in

functionality• Common sense / practical approach

• Acceptable examples: VCR – DVD, walkman / iPod• Unacceptable examples: TV – drill, washing machine - kettle

Duty of Care

• Business users have to keep proof to demonstrate that one off consignments of WEEE have been disposed of to an accredited re-processor

• Practical considerations:– Segregating WEEE from the main waste stream

– Separating WEEE which is your responsibility and a porducer / suppliers responsibility

Third Sector (Charities)

• If the equipment is still functional it is not waste and can therefore be given to charities ?

• Compliance Schemes encouraged to use charities and state how they will encourage the re-use of whole appliances in their applications

End Users Beware!

• The Regulations allow suppliers (producers) to negotiate alternative financing arrangements – This will be a commercial decision and should form part of the supply

contract negotiating process

• Some (unscrupulous!) producers may try and discharge their recycling obligation by writing into supply contracts that their customer is responsible for re-cycling WEEE at the end of its life– Contracts must be negotiated carefully

– Purchasing Staff need to be made aware

Summary – 4 scenarios to plan for

1. WEEE purchased before Aug 2005 that you are not replacing with like for like equipment

2. WEEE purchased before Aug 2005 that you are replacing with like for like equipment

3. WEEE purchased after Aug 2005 that you are not replacing with like for like equipment

4. Negotiations with suppliers for EEE purchased in the future

1. WEEE purchased before Aug 2005 that you

are not replacing with like for like equipment

• Your responsibility

• Compliance schemes can be used for one off collections of WEEE (or contact AATF directly)

• Many compliance schemes registered with the EA and specialise in different types of waste / different commercial situations

• Find the most appropriate scheme for you (cost / evidence of proper disposal / IT equipment – confidentiality / destruction of sensitive data)

• Retain evidence of appropriate disposal via Duty of Care

2. WEEE purchased before Aug 2005 that you

are replacing with like for like equipment

• Producer (new supplier) is responsible, regardless of whether they supplied you with the original equipment

• Contact new supplier and arrange collection of waste as well as delivery of new like-for-like equipment

3. WEEE purchased after Aug 2005 that you are

not replacing

• Original producer (supplier) is responsible regardless of whether a like for like replacement is taking place

• Contact supplier and arrange collection (may need to get this information via your distributor)

• NB: Determining when something was ‘placed on the market’ may cause problems – in these situations, for practical purposes, establishments may want to make the executive decision to dispose of all historical EEE themselves, particularly given that many compliance schemes will collect free of charge

4. Future purchasing of EEE

• Ensure you address the issue of disposal of the equipment at end of life is included in the contract

• Can be used as an additional negotiating tool

• Ensure producers do not try and discharge end of life disposal obligations to you in the small print

• Ensure purchasing systems are set up to record dates of purchase and supplier information

Main points

• Possible producer obligations– Register with a compliance scheme if necessary

• Main obligation as business user– Establishing internal systems for understanding when waste electrical

equipment was purchased

– Negotiating supply contracts for future supplies

– One-off collections using a compliance scheme / AATF

– Separation / storage of WEEE

– Obtain evidence of correct disposal

Further Information

• Department for Business, Enterprise and Regulatory Reform (BERR)

http://www.dti.gov.uk/innovation/sustainability/weee/page30269.html

• Environment Agency

http://www.environment-agency.gov.uk/business/444217/444663/1106248/