WEEE Regulations

David Lloyd

Environment Officer

Why the WEEE Regs?

Every year UK throws away around 2 million tonnes of WEEE

and

WEEE is one of the fastest growing waste streams in the UK

and the EU

In 2003, the EU therefore adopted the WEEE Directive to deal

with this waste

Slide 1

UK Implementation

Waste Electrical and Electronic

Equipment (WEEE) Regulations 2006

- cover product marking, take-back and

recycling obligations, etc for the UK

Waste Electrical and Electronic

Equipment (Waste Management

Licensing) (England and Wales)

- cover treatment and site licensing in

England and Wales

- there will be separate provisions for

Scotland and Northern Ireland

Slide 2

Large household appliances

Small household appliances

IT and telecommunications equipment

Consumer equipment

Lighting equipment

Electrical and electronic tools

Toys

Medical equipment

Monitoring and control instruments

Automatic dispensers

WEEE Scope

Slide 3

WEEE Scope

Is it EEE or not ?????

EEE Decision tree set out on our web site

Decision making further complicated as National Weights

& Measures Laboratory have to make SCOPE decisions

for ROHS

Slide 4

Who is affected?

everyone who uses, sells, treats or disposes of WEEE

Producers - Manufacturers, Importers, Exporters,

Re-branders

Distributors - Retailers

AATFs,

Reprocessors - Waste Management Industry

and Exporters

DCFs - Local Authorities, other specified

collection facilities.

Slide 5

Who is a ‘Producer’?

Producers are persons who:

import EEE on a professional basis

make and sell EEE under their own brand

resell EEE under their brand (only)

legislation requires ‘Producers’ of electrical and electronic

equipment (EEE) to be responsible for their products when

they become waste

for the WEEE Regulations, it’s the UK market that matters

What will Producers need to do?

by 15 March 2007, join an approved Producer Compliance

Scheme

by 31 March 2007 apply (through a Scheme) to be a

registered Producer

pay an annual registration charge of:

£445 - businesses with a turnover over £1m

£220 - businesses above VAT threshold but less than £1m

turnover

£30 - businesses below the VAT threshold

from 1 July 2007, pay for a portion of separately collected

household WEEE to be treated and recycled

What else will Producers need to do?

supply data on the types and quantity

(tonnes) of new EEE placed on the market

in 2006

provide information on the dismantling and

recycling of new products

mark all new EEE with a crossed-out

‘wheelie bin’ symbol (from 1 April 2007)

declare their EEE producer registration

number to their distributors

keep an on-going record of EEE placed on

the market

Who is a ‘distributor’ ?

Any firm selling directly to household end-users

This includes retail stores, mail order and internet

sellers

There are no obligations in relation to sales to non-

household users

The same firm may have both producer and

distributor responsibilities

What does a ‘distributor’ have to do?

Either provide a free in-store take-back service for

household WEEE, where new goods of an ‘equivalent

nature’ are purchased

or

Sign up to the Distributor-Take-Back Scheme

(Valpak) and inform those wishing to recover their old

household WEEE where it can be taken.

or

providing an alternative system for free take-back for

householders.

What else does a ‘distributor’ have to do?

Provide householders with information on the options

that are available to them for the free return of their

WEEE and on the environmental benefits resulting from

its separate collection.

What is a Producer Compliance Scheme?

PCSs help producer members discharge their obligations

under the WEEE Regulations

offer administrative and practical services.

registering producers with UK authorities

meeting the data reporting requirements

arrange clearance of household WEEE from Designated

Collection Facilities (DCFs) and/or non-household WEEE

to AATFs or AEs.

Producer Compliance Schemes

2 - 31 January 2007 - Producer Compliance Schemes had

to apply to the environment agencies for approval

all 37 applications were approved (approval lasts 3 years)

32 England and Wales

5 Scotland

Details of the schemes are on our web site (and in the

handout)

Designated Collection Facilities (DCFs)

An accessible nation-wide network of WEEE collection sites.

DCFs will provide distributors with an alternative to in-store

take-back of WEEE.

DCFs need to provide free facilities allowing household WEEE

to be collected and kept separated into 5 main groups

They have to comply with a Code of Practice

Likely to consist mainly of existing local authority run Civic

Amenity sites

The National Distributor-Take-Back Scheme

A national Distributor Take-back Scheme will be responsible

for developing the network of DCF sites

it will also provide monetary support for upgrades to existing

sites (£6K + £3K)

The Distributor Take-back Scheme is responsible for

nominating DCFs for approval by the Secretary of State, who

will ensure the availability of an adequate and accessible

nationwide WEEE collection system.

What are AATFs and approved exporters

Will receive separately collected WEEE for processing to

required standards (BATRRT)

Similarities to packaging accreditation

Approved by the Agencies to issue evidence of re-use,

treatment, recovery and recycling of separately collected

WEEE

evidence has to be consistent and auditable

Have to meet treatment standards and provide quarterly

returns

Approved Authorised Treatment Facilities

4 main types of processes

Shredders / fragmentisers

13 large companies with 37 sites around UK

Mainly metals recovery

Dismantlers

IT and telecoms

up to 350 sites including social enterprises

Approved Authorised Treatment Facilities

Specialist processing

Fridge treatment - 12 sites

Lamp treatment - 5 sites

CRT treatment - 16 sites

There should be no problems of capacity for WEEE treatment

in the UK.

WEEE recovery and recycling, however…...

Authorised Treatment Facilities

Any facility carrying out treatment and which is

licensed or permitted, or exempt from licensing

Only ATFs can apply to become approved as AATFs

Interim licensing position

Can only approve if an ATF, but some will be

operating under the interim position until 1 July!

Approved Exporters

Any company who exports WEEE for treatment

and/or recovery and recycling can apply to become

an approved exporter (AE)

Exports must comply with TFS Regulations

Overseas sites outside the EEA must meet equivalent

standards of treatment, recovery and recycling

Must send Part C for each overseas site and describe

the treatment, recovery and recycling processes

All WEEE which is exported must be exported by an

approved exporter - even if it has been through an

AATF first

Still unclear who will issue evidence…

Could be AATF for treatment in this country and

AE for recovery and recycling overseas

OR

AATF issues all evidence (but will still have to be

exported through an AE)

Approved Exporters

AATFs and Approved Exporters

Approval lasts for one compliance period

Charges are

£500 if issuing evidence of 400 tonnes

£2,590 if issuing evidence of >400 tonnes

Can only issue evidence if have approval

Must make quarterly returns

Must meet conditions of approval

Everything else is different!

Our role

we are the regulator for most aspects of the WEEE

Regulations in England and Wales:

approving Producer Compliance Schemes

registering Producers

licensing WEEE treatment facilities

approving Authorised Treatment Facilities and exporters

guidance, data management, monitoring and

enforcement associated with the above

Our role - Monitoring

Monitoring of schemes

Monitoring accuracy of their:

application information

reported data

declaration of compliance

Monitoring of producers?

Deadline dates - 1st Compliance Period

by 15th March 2007 - Producers register with a PCS and

supply data for EEE put on market

by 31 March 2007 - Schemes register members with EA

from 1 April 2007 - Labelling rules apply to new products

from 1 July 2007 - Producers responsible for

take-back/recovery of a portion of

separately collected household WEEE

from 1 July 2007 - Distributors responsible for take-back

of separately collected household

WEEE

Deadline dates - 2nd Compliance Period

by 15 October 2007 - Producers register with a PCS

by 31 October 2007 - Schemes register members with EA

from 1 January 2008 - Producers responsible for

take-back/recovery of a portion of

separately collected household WEEE

for each quarter Producers supply EEE data to scheme, and

Schemes supply this data plus WEEE delivered to ATF’s /

AEs in same period

Overview of the regulations

Producers to discharge financial obligations for

treatment, recovery and recycling through Producer

Compliance Schemes (PCS)

Retailers to either take-back WEEE in store or join

the Distributor Take-back Scheme (DTS)

DTS to make available network of Designated

Collection Facilities (DCFs) to allow PCS to collect

WEEE

Overview of the regulations

PCS to collect WEEE arising at DCFs and either send

this for reuse as whole appliance, or ensure it is

treated and recycled to target levels

PCS to provide evidence of appropriate treatment

and recycling to the EA / SEPA

Household WEEE - overview

4,000 –

10,000?

35 England

+2 Scotland

199 Disposal

Authorities

1,000 sites?

?

inc. exporters ?

Producer Producer

Producer Producer

Producer

Producer

Producer

Producer

Producer Producer

Producer

Producer

Compliance

Scheme

Producer

Compliance

Scheme

Producer

Compliance

Scheme

Producer

Compliance

Scheme

DCF

DCF

DCF

DCF

DCF

DCF

DCF

DCF

DCF

DCF

A/ATF

A/ATF

A/ATF

A/ATF

A/ATF

A/ATF

Reprocessor

Reprocessor

Reprocessor

Reprocessor

Reprocessor

Reprocessor

Reprocessor

Reprocessor

Who’s responsible for non-

household WEEE?

for waste from equipment purchased before 13 August

2005, the end user is responsible for treatment and

recycling, unless they are buying replacement products in

which case the producer supplying the new equipment will

have these responsibilities

for equipment put on the market after 13 August 2005, the

producer supplying that equipment will have to take

responsibility unless both parties negotiate alternative

arrangements

Permitting

Defra has issued separate permitting regulations

For Authorised treatment facilities

Yet to be agreed whether waste management licences

will need modifying or

Separate permit required for treatment and handling of

WEEE

3 new exemptions (storage, refurbishment, lamp crushing)

Must still comply with Duty of Care, Hazardous Waste Regs

and Ozone Depleting Substances Regs.

We have issued an Interim Regulatory Position setting

out what we expect operators of treatment facilities to

do up to 1 July 2007

This is to allow sites to operate without WML as long as

they fit criteria of exemption

The interim position is available from our website

www.environment-agency.gov.uk/weee

NOTE: the Interim Regulatory Position is subject to

periodic review

Permitting

Producer Offences

Non-registration

Not keeping records - 6 years

Not providing WEEE registration number

Not marking products with wheeled bin symbol

Not marking products with a Producer ID and date

Not providing info on re-use and enviro-friendly treatment

Not keeping records of distance selling into EU

Distributor Offences

Not ensuring free take-back

Not providing information to consumers on take back,

hazardous materials, recovery options, meaning of

crossed out wheeled bin etc

Not keeping records

Any Person Offences

Mis-handles WEEE so can’t be reused or recycled

Shows visible fee to consumer

Failing to allow entry and inspection

Obstruction of any person carrying out duties under Regs

Failing to give assistance or information

Failing to comply with a notice

Recklessly providing information

Furnishing information that is false or mis-leading

Fails to produce information when required

Enforcement

Powers of entry and inspection

Enforcement notices

producer

scheme operator

distributor

approved ATF or exporter

Offences (as mentioned earlier + additional offences for

other parties - see regulations for these)

Enforcement

For first compliance period will set out an interim

position i.e. a lighter touch approach

Change to our ‘normal’ response will occur 1st

November 2007

Issues yet to be resolved

Protocols document needs formally accepting

Status of re-use and refurbishment and how evidence will be

issued

Waste management licence and exemption status - yet to be

agreed with Defra

Household WEEE must go straight to an AATF or AE from a

DCF?

What will an evidence note look like? Template format.

Where WEEE is treated at an AATF and then exported…who

issues the evidence?

Multi-site approvals - how will it work in practice

Thank You

David Lloyd

Please note: This presentation provides a summary of some but not all of the WEEE Directive’s requirements. It was written on 27 March 2007. You are

advised to refer to the text of the Directive and subsequent UK Regulations. Commencement dates are subject to confirmation. Nothing in this presentation is

intended to be a definitive statement of law.