The UK WEEE Regulations

What the legislation is proposing

What is the legislation intending to achieve?

• Changes to current behaviour to encourage sustainable development

• Preference for re-use or recycling of wastes

• Intent to cut volumes of waste produced

• “Polluter” pays

What is WEEE?

• EEE = Electrical and Electronic Equipment– “equipment dependent on electric currents or

electromagnetic fields in order to work properly and equipment for the generation, transfer and measurement of such currents and fields…”

• WEEE = Waste EEE– “"waste" means any substance or object which the

holder disposes of or is required to dispose of pursuant to the provisions of national law”

Timeframe

• The WEEE Directive was enacted 27th January 2003• Draft WEEE Regulations were released in the UK at the

end of July 2004• The final WEEE Regulations were due to be released by

August 2004 – this is running late – now expected to be March/April 2005 at the earliest.

• The financing and operations should commence on the 13th August 2005 but will probably start January 2006

• Germany, Austria and Denmark will start in January 2006

Definitions• The Producer

– Person who manufactures/sells own brand EEE– Person who resells under his brand others’ EEE – Imports/(Exports) EEE into a member state

• The Distance Seller– Anyone that sells into the UK from abroad without

another legal party taking legal ownership– Are deemed the “Producer” and have to register and

have annual obligations under the WEEE Regs– If not registered, will not (theoretically) be permitted to

trade

Supplies into Europe

• A UK manufacturer selling into Europe via an importer has no obligations (but is still defined as a Producer under UK law)

• A UK manufacturer selling into Europe direct to an end user does have obligations.

• An EU manufacturer selling to a UK distributor has no obligations

• A non-EU manufacturer selling into Europe via a subsidiary or distributor has no obligations (the importer is the Producer)

• A non-EU manufacturer selling into Europe direct to an end user has no obligations.

Definitions

• Treatment – “any activity after the WEEE has been handed over to a facility for depollution, disassembly, shredding, recovery or preparation for disposal and any other operation carried out for the recovery and/or disposal of the WEEE”

• Authorised Treatment Facility (ATF) – one that has received authorisation under either the Waste Management Licencing Legislation or the proposed/delayed DEFRA’s permitting approach

The 10 Categories

The category listing is only indicative – not definitive.

WEEE legislation only applies to separately collected WEEE – it does not apply to WEEE collected in the general refuse stream.

If the end user decides to throw the WEEE away - you have no obligations

But concerning the separately collected WEEE

Producers have the financial responsibility covering collection, pre-treatment, treatment, storage, recovery, reuse, environmentally sound disposal of items not recovered and/or reused, as well as achieving the recycling targets (along with financing R&D / market development if necessary).

Legislation Components

Part IV – Producer Obligations

§16

• Registration

• Provision of/for the treatment and recovery of WEEE

• To furnish a Certificate of Compliance

§17

Compliance scheme can take on these responsibilities

Legislation Components

Part V – RegistrationWhether carried out through a scheme or not, currently

requires information on the categories, quantities and weight of EEE that the company ‘places on the market’ in a given year.

This data is to be registered by 12th August 2005 (and annually on 31st January after 2007) – the original registration date will probably be postponed by 4 months.

Legislation Components

Part VII – Financing ---- Historic Business to Business Waste

If the product was originally ‘placed on the market’ BEFORE 13th August 2005 AND is generated as WEEE being replaced by an item with similar function:

Then the Producer must pay for the collection, recovery, reuse, recycling, and for the meeting of the targets and provision of documentary evidence that this has occurred – unless the user wishes to do so.

Otherwise the responsibility remains with the user.

Legislation Components

Part VII – Financing contd.

If the product was ‘placed on the market’ AFTER 13th August 2005 and subsequently appears as WEEE:

Then the Producer must pay for the collection, recovery, reuse, recycling, and for the meeting of the targets and provision of documentary evidence that this has occurred – unless agreements are reached that the user pays – regardless of the supply of new product.

Legislation Components

Part VIII – Recovery • Category 8 (Medical Devices) – no targets• Category 9 (Monitoring & Control Devices)

– >70% recovery by weight

– >50% reuse & recycling by weight

• Category 3 (IT & Telecoms Equipment)– >75% recovery by weight

– >65% reuse & recycling by weight

Legislation Components

Part IX – Information• Producers must, for all products ‘placed on the

market’ after 13th August 2005, mark their products with the WEEE symbol and a company identifier

• Producers must provide information on the components and materials in new EEE to recovery/reuse operations

Definitions (non-legal)

• Collection = physical removal from location where they were determined to be no longer required (ie therefore a waste) and transfer to a treatment location of some description.

• Recovery = some process (as defined in the previous list) whereby some form of benefit is obtained – in terms of energy generation or material flow generation

• Reuse = to reintroduce the item back into circulation to perform the same or different task but without any modification requirements

• Disassembly = a treatment that is effectively the reverse of a manufacturing process, where each component is separated from the others

• Recycling = taking the disassembled materials and treating them further (as required) to create raw material that can then be reintroduced into the start of the manufacturing process of new and/or different items.

• Disposal = for those components or part components that are incapable of being recycled/reused/recovered and are to be “got rid of” – usually to landfill or incineration. NB Incineration with energy recovery is “Recovery” but is not “Recycling” or “Disposal”. The incinerator ashes (sent to landfill usually on one form or another) are classified as “Disposal”

Legal Implications

• The Regulations are complex and still evolving

• Some issues will never be resolved until there is a legal challenge – then it will be down to the judgement of the courts.

• As with the Packaging Waste Regulations, it is expected that over 90% of companies will meet their obligations through joining a Compliance Scheme

The Scope of the WEEE DirectiveWhat Electrical and Electronic Equipment (EEE) isincluded in the obligations under the Directive?

Originally the European Commission (COM) identifiedprimarily household consumer products

But WEEE from Business Users was later added to the categories to be addressed by this European EnvironmentalDirective.

Article 175

• This article of the treaty allows Member States (MS) to vary the scope of the Directive, by their national regulations

• Ten Categories

• Most categories easy to identify equipment that fits within

The three main Categories for our industry

• Cat 9 Monitoring and Control Instruments

• Cat 8 Medical Devices (equipment)

• Cat 3 IT and Telecommunication equipment (related to cat. 8&9)

Indicative listing of equipment -------

Category 9 – Monitoring and Control instruments

• Smoke detectors

• Heating regulators

• Thermostats

• Measuring, weighing or adjusting appliances for household or as laboratory equipment

• Other monitoring and control instruments used in industrial installations ( e.g. in control panels)

Category 8 – Medical Devices• Radiotherapy equipment• Cardiology• Dialysis• Pulmonary ventilators• Nuclear Medicine• Laboratory equipment for in-vitro diagnosis• Analysers• Freezers• Fertilization tests• Other appliances for detecting, preventing, monitoring, treating,

Category 3 – IT and Telecommunication equipment

An abbreviated list of relevant equipment• Centralised data processing, minicomputers• Laptop computers (CPU, mouse, screen and keyboard)• Printers and other products and equipment for the

collection, storage, processing, presenting or communication of information by electronic means

• And other products or equipment for transmitting sound or other information by telecommunications

Several statements make the ‘Scope issue’ confusing

• Exemption for ‘large scale industrial tools/equipment’ Large-scale stationary industrial tool: Machine or system, consisting of a combination of equipments, systems, finished products and/or components, (parts), manufactured to be used in industry only, permanently fixed and installed by professionals at a given place in an industrial machinery or in an industrial building to perform a specific task.

Exemption for items which are electrical and electronic equipment

that are part of another type of equipment or a fixed installation

• Equipment which is part of another type of equipment or system is considered to be outside the scope of the Regulations where it does not have a direct function outside the other item of equipment (e.g. a car radio).

Exemption for items which are electrical and electronic equipment that are part of

another type of equipment or a fixed installation

• Equipment may also be part of fixed installation. A “fixed installation” may be a combination of several pieces of equipment, systems, products and/or components (parts) assembled and/or erected by a professional assembler or installer at a given place to operate together in an expected environment and to perform a specific task. In such a case, elements of a system which are not identifiable as electrical and electronic equipment in their own right or that do not have a direct function away from the installation are excluded from the scope of the Regulations.

Routes to resolve the confusion

• Technical and/or political

• GAMBICA membership Task Force Group

• Position papers to UK Gov. DTI

• Position papers to European trade federation

• Orgalime, route to European Commission, Council and Parliament.

GAMBICA Task Force MembersABB LegrandAeroflex International MeggerAlstom Mitsubishi ElectricBeckman Coulter Moeller ElectricBibby- Sterilin MTL InstrumentsCarbolite Rockwell AutomationCecil Instruments SaftronicsControl Techniques Schneider ElectricDelta Controls Seaward ElectronicsElectrothermal Siemens Process Autom.Emerson Process Man. Solartoron MobreyFluke UK Switchgear & Instrument.Honeywell Thermo ElementalInstron

DTI draft Guidance WEEE

Document

• Fifty pages • DTI’s attempt to make the Directive sensible and

understood• Includes a ‘decision tree’ procedure to assist in

identifying equipment ‘in’ scope and equipment ‘out’ of scope

“GAMBICA Decision Tree” for WEEE scope determination

Is it electrical or electronic equipment?Draft Regulation 2: definition

Yes

Less than 1000 V a.c. or 1500 V d.c.?Draft Regulation 2: definition

Yes

Is it part of an equipment that is not within the 10Categories of draft regs Schedule 1?

Draft Regulation 5(1)(a)

No

Is it a Large-scale stationary industrial tool?Draft Regulation Schedule 1 & DTI Guidance, paragraph 14

No

No

Yes

No

Yes

Not Covered

Not Covered

Not Covered

Not Covered

Examples

Products for automotive,aircraft or shipboard use

Industrial robots; multi-axismachining centres; industrialmeasurement & monitoring platforms (e.g. for pulp & paper)

No

Is it part of another type of equipment or system,Not having a direct function out that

equipment or system? DTI Guidance, paragraph 18

No

Is it part of a fixed installation, not having a directfunction outside that installation?

DTI Guidance, paragraph 19

No

Is it in one of the 10 Categories?

Yes Yes Yes Yes

3 IT and Telecom

equipment

8Medicaldevices

9Monitoring and

Control Instruments

1. Large household appliances2. Small household appliances4. Consumer equipment5. Lighting equipment6. Electrical & electronic tools7. Toys, leisure and sports equipment10. Automatic dispensers

Covered by Scope of WEEE Directive

Examples Cat.3:- pcs- printers

Examples Cat.8:Laboratory Equipment for In-Vitro Diagnostics:- clinical analysers,- blood gas analysers,

Examples Cat. 9: Portable Measuring Instruments and Displays: General Laboratory Equipment - oscilloscopes, data recorders, chart recorders -shakers, stirrers, temp.control cabinetsLaboratory Analytical Equipment: centrifuges- spectrophotometers, pH meters, chromatographs

Yes

Yes

No

Not Covered

Not Covered

Not Covered

Sensors & transducers for,e.g., pressure, flow andtemperature measurement;electric motors

Transformers; variable speedmotor drives; switchgear &controlgear products;protection relays and relatedproducts; programmable controllers; sensors andtransducers; electric motors

The players

• Manufacturers, importers, distributors

• Trade Associations, National - e.g. GAMBICA

European - Orgalime

• For UK --- DTI/DEFRA/EA

• 24 other Member States

• European Commission, Council, Parliament

• European Court of Justice

Information Requirements

• Producers to respond to requests for information to assist with the reuse, recycling and recovery of types of new equipment.

• Producers can decide how to make available

this information, e.g. labels, website etc

Marking obligations• Equipment put on UK market after 13 August 2005

- marked with the crossed out wheeled bin symbol- indication of put on market after 13 August 2005

( i.e. not historic waste)- identify producer e.g brand name, company registration number or other unique reference- obligated equipment which is not marked with the crossed out wheeled bin symbol is deemed – historic waste CENELEC standard ( BSEN 50419), published in January 2005)

Symbol for the marking of electrical and electronic equipment

The symbol indicating separate collection for electrical and electronic equipment consists of the crossed-out wheeled bin, as shown below. The symbol must be printed visibly,

legibly and indelibly.

2

• In accordance with EN 50419

• Date codes (if coded) shall be made available to treatment facilities.

1• In accordance with EN 50419

• No date code is required.

GERMANYUK BELGIUM

20041119ABC+

yes yes yes

yes yes yes

Put on the market

• Approach taken from the European Commission’s Guide

(blue book)

- “ the initial action of making a product available for the first time on the Community market, with a view to distribution or use …. either for payment or for free”

WEEE

Challenges & Solutions

Services to industry

• A number of companies in the waste sector have or will be offering their services.

• These services may be in the form of a direct cost per tonne of category of WEEE

• Some may offer a compliance scheme

• You need to consider which suits your company’s needs

Some of the commercial parties

• REPIC scheme – for Consumer products

• Valpak www.valpak.co.uk

• Biffa www.biffa.co.uk

• Cleanawaywww.cleanaway.com

• Riduk www.getrid.uk.com

• EMR www.emrltd.com

• and others ……

Complying with the legislation• Complexities of B to B WEEE not anticipated by EU politicians driving forward consumer-focused sustainability issues

• B to B captured by legislation – but soft touch by DTI

• Opportunity for industry to develop its own solutions

• GAMBICA Taskforce has addressed ‘upstream’ issues

• A parallel 18 month programme has addressed ‘downstream’ issues

Related issues

• Disposal to landfill becoming increasingly expensive

• End users will want to avoid costs and reporting responsibilities

• Individual pressure could be applied to Producers regardless of §26 provisions (aka Article 9 of the Directive)

From EEE to WEEE

• The value will be negative

• EEE industry - detailed, precise, high value products and systems

• When one of your products becomes WEEE forget:How sophisticated it wasWhat proportion consisted of electrical/electronic itemsHow expensive it wasWhat its function was

• It now becomes a collection of scrap materials which happen to be attached to each other – weighed by the tonne

•The waste industry is the opposite

• The product may be specified and ordered ‘upstairs’

• WEEE is disposed of ‘downstairs’

Preventing Operator Exploitation

• The lessons of the packaging regulations…Average compliance costs £15/25,000

• The critical mass of a collective approach should force competition amongst operators – logistics, pre-treatment, treatment

• Scheme operators should have experience and knowledge of the waste industry and Producer Responsibility – but be EEE industry-led

• B to B sector requirements are totally different from consumer sector

Avoiding excessive costs

• Focused industry-led sectorial approach

• Forcing competition amongst Operators

• Low overheads

• Not-for-profit and efficiency led

• Critical mass of the collective approach

• Non-obligated WEEE collected - but no cost to scheme members

• No vested interests in operations

Achieving Targets

•This is beyond the means of any individual Producer – but Producers will have to show that they have achieved the targets

• To achieve recycling targets, Producers may need to influence the development of markets for recyclate

•There may have to be investment in R & D, negotiations with ‘recyclers’, exploration of new markets – particularly on polymers

• The Scheme will take on these responsibilities – its members sharing the collective cost

•The use/acceptance of protocols will reduce costs

B2B ComplianceAn initiative of GAMBICA, announced in September 2004, and follows two years’ exploration of a potential business-to- business collective approach

GAMBICA is the major national trade association for industries involved in

•Instrumentation

•Control

•Automation

•Laboratory technology

GAMBICA has over 200 members (the sector has a combined turnover in excess of £6 billion)

B2B Compliance

• Membership will be open to both members and non-members of GAMBICA

•GAMBICA B2B Compliance Ltd is a not-for-profit company

•Focusing on categories 8 & 9 and related IT (cat 3)

• It will register a scheme called B2B Compliance

Collective Compliance(Producer only interfaces with the Collective)

B2BCompliance

Shredders(raw

material preparation)

Government & Regulator

Wholesalers

Producer

End Users

DismantlersLogistics

End market uses

B2B ComplianceThe next steps…

The WEEE Regulations are in the final stages of their preparation. Even when published their interpretation will be an ongoing discussion between industry and Government.

– Pragmatism and the law– The use of Protocols – B2B operations and the National Clearing House– Targets for Category 8?– Evolution of the Regulations – Future interpretations of the Directive?

B2B ComplianceEurope

B2B Compliance has applied to join a network of European industry-led not-for-profit schemes.

This will enable us to assist those who are distance sellers by forming back-to-back relationships with other MS schemes which have distance selling obligations

It will enable us, via the network, to advise your distributor customers in other MS who, legally, are the Producers.

We can lobby with one common voice to achieve efficiencies and pragmatic solutions

B2B Compliancethe next steps…

The Scheme will present its prospectus and invite membership during 2005

Its charges will relate to:

1. A joining fee – will be based on UK sales turnover

2. A membership fee – will be based on number and weight of products put on the market ( data as required by law)

B2B Compliance

The Membership Fee

Relates to the first compliance period

For budgeting purposes only

Payable quarterly in advance

Preliminary reconciliation in the final quarter

Includes all administrative and management costs

Includes all operational costs

Be aware (and beware)

• A ‘Compliance Scheme’ cannot formally recruit members until the scheme is registered with HMG

• A scheme cannot apply to be registered until after the regulations are published

• The regulations are running late

• Various waste operators are offering ‘pre-compliance’ schemes (focused on consumer products) at a cost - these are appear to be simply ‘newsgroups’.

GAMBICAwww.gambica.org.uk

B2B Compliance

www.b2bcompliance.org.uk

Created by industry for industry