Machinery Directive

Understanding the Waste Electrical and Electronic Equipment Directive 2012/19/EU: A Comprehensive Guide for Businesses

Overview of the WEEE Directive

The Waste Electrical and Electronic Equipment Directive 2012/19/EU (the “WEEE Directive”) aims to significantly reduce the volume of waste electrical and electronic equipment disposed of in landfills. This directive imposes obligations throughout the lifecycle of electrical and electronic equipment (“EEE”). These obligations include requirements related to product design that facilitate dismantling, recycling, and reuse. Furthermore, the directive provides for the establishment of national WEEE collection points and treatment systems. These systems enable consumers to segregate WEEE from other waste streams. Consequently, WEEE can be treated, recorded, and reported to the competent national enforcement authority.

Producers are generally responsible for the costs associated with collecting and treating WEEE. Implementing a national WEEE scheme necessitates participation from national and local governments, EEE manufacturers, distributors, retailers, and consumers. Although the WEEE Directive applies to most EEE, certain exclusions exist. These exclusions include large-scale industrial tools and equipment designed for military purposes.

To comply with applicable WEEE regulations, producers must become members of an approved Producer Compliance Scheme. These schemes serve as intermediaries between producers and environmental agencies, providing services that support effective and cost-efficient recycling or reuse of WEEE. EEE placed on the market must bear the prescribed markings to assist end users in proper disposal. Producers must also furnish treatment facilities with the necessary information to ensure that new products are processed efficiently.

## Scope of the WEEE Directive

Since 15 August 2018, Directive 2012/19/EU on waste electrical and electronic equipment (the “WEEE Directive”) has operated on an open-scope basis. Subject to the exclusions set forth in Article 2, it applies to electrical and electronic equipment that relies on electric currents or electromagnetic fields to fulfill at least one intended function. This includes equipment for the generation, transfer, and measurement of such currents and fields. The Directive applies to equipment designed for use with a voltage rating not exceeding 1,000 V AC or 1,500 V DC.

EEE falling within the scope of the WEEE Directive is classified according to the categories specified in Annex III, as follows:

Temperature exchange equipment
Screens, monitors, and equipment containing screens having a surface area greater than 100 cm²
Lamps
Large equipment (any external dimension greater than 50 cm)
Small equipment (no external dimension greater than 50 cm)
Small information technology and telecommunications equipment (no external dimension greater than 50 cm)

While the aforementioned categories encompass a wide range of products, questions may arise regarding whether particular equipment falls within the scope of the directive. Relevant guidance may be available from various sources, including those identified in the links section below. However, guidance issued by governmental bodies is generally non-binding and must be considered in light of specific legal and factual circumstances. The Court of Justice of the European Union possesses ultimate authority to interpret EU law; national courts and competent authorities apply the relevant legal requirements in individual cases, subject to applicable national law. Producers should seek independent legal advice when the classification or regulatory status of a product is uncertain.

### Categories of Electrical and Electronic Equipment

Annex III to the WEEE Directive delineates the following categories of electrical and electronic equipment (EEE). Annex IV provides a non-exhaustive list of illustrative examples for each category:

Temperature Exchange Equipment

Examples include refrigerators, freezers, equipment that automatically delivers cold products, air-conditioning equipment, dehumidifying equipment, heat pumps, oil-filled radiators, and other temperature exchange equipment utilizing fluids other than water for temperature exchange.
Screens, Monitors, and Equipment Containing Screens with a Surface Area Greater than 100 cm²

Examples include screens, televisions, LCD photo frames, monitors, laptops, and notebooks.
Lamps

Examples include straight fluorescent lamps, compact fluorescent lamps, high-intensity discharge lamps (including pressure sodium lamps and metal halide lamps), low-pressure sodium lamps, and LED lamps.
Large Equipment (Any External Dimension Greater than 50 cm)

This category excludes equipment falling within categories 1 to 3. Examples include household appliances such as washing machines, clothes dryers, dishwashing machines, cookers, electric stoves, and electric hot plates; IT and telecommunications equipment, including large computer mainframes; consumer equipment; luminaires; equipment for reproducing sound or images; musical equipment (excluding pipe organs installed in churches); electrical and electronic tools; toys, leisure and sports equipment; medical devices; monitoring and control instruments; automatic dispensers for products or money; equipment for generating electric currents, such as photovoltaic panels; appliances for knitting and weaving; large printing machines; copying equipment; and large coin-operated machines.
Small Equipment (No External Dimension Greater than 50 cm)

This category excludes equipment falling within categories 1 to 3 and 6. Examples include household appliances such as vacuum cleaners, carpet sweepers, sewing appliances, microwaves, ventilation equipment, irons, toasters, electric knives, electric kettles, clocks and watches, electric shavers, scales, and appliances for hair and body care; automatic dispensers; consumer equipment such as calculators; luminaires; sound and image reproduction equipment such as radio sets, video cameras, video recorders, and hi-fi equipment; musical equipment and instruments; electrical and electronic tools; electrical and electronic toys; leisure and sports equipment, including computers for cycling, diving, running, and rowing; medical devices; monitoring and control instruments; smoke detectors; heating regulators and thermostats; equipment for generating electric currents; and small equipment with integrated photovoltaic panels.
Small IT and Telecommunications Equipment (No External Dimension Greater than 50 cm)

Examples include mobile phones, GPS devices, pocket calculators, routers, personal computers, printers, and telephones.

## Exclusions from the WEEE Directive

The following categories of equipment are excluded from the scope of the WEEE Directive:

Equipment necessary to protect the essential security interests of Member States, including arms, munitions, and war material intended for specifically military purposes.
Equipment designed to be sent into space.
Means of transport for persons or goods, excluding electric two-wheel vehicles that are not type-approved.
Non-road mobile machinery made available exclusively for professional use.
Equipment specifically designed solely for research and development and made available only on a business-to-business basis.
Medical devices and in vitro diagnostic medical devices where such devices are expected to be infective prior to end of life, and active implantable medical devices.
Large-scale stationary industrial tools.
Large-scale fixed installations, except equipment not specifically designed and installed as part of those installations.
Filament lamps.
Equipment specifically designed and installed as part of equipment that is excluded from, or does not fall within, the scope of the WEEE Directive, where it can fulfill its function only as part of that equipment.

## Composition of the WEEE Directive

The WEEE Directive establishes a UK and EU framework for the separate collection, treatment, recovery, and environmentally sound disposal of WEEE, to be implemented through national measures. It places duties on Member States and, in defined circumstances, on producers, distributors, and treatment operators. The precise obligations of other participants, including local authorities, retailers, and consumers, depend on the applicable national legislation.

The framework provides for separate collection and for WEEE to be treated and recorded through authorized systems. Financing obligations may fall on producers, but their scope depends on factors including the type of WEEE, when it was placed on the market, the collection route, and the applicable jurisdiction. The following sections outline key features of the regime in Great Britain; separate requirements may apply in Northern Ireland.

## Responsibilities Under the WEEE Directive

The applicable legislation assigns distinct roles and obligations to:

“Producers” and “distributors,” as defined in the relevant regime.
Private households and other end users, including business users where applicable.
Local authorities and other operators of designated collection facilities.
Operators of authorized treatment facilities and approved reprocessing or recovery facilities.

The precise duties of each category depend on the jurisdiction, the nature of the electrical and electronic equipment, and the applicable collection and compliance arrangements.

## Producer Compliance Scheme (PCS)

Producer Compliance Schemes are a central component of the UK WEEE compliance framework. Producers of electrical and electronic equipment (EEE) placed on the UK market are generally required to register with an approved PCS. PCSs act as the principal interface between producers and the relevant environmental regulators.

PCSs typically provide the following services:

Registering producer members with the relevant environmental regulator.
Reporting the quantities and categories of EEE placed on the market by their members.
Submitting compliance declarations in respect of members’ obligations for the collection, treatment, recovery, recycling, and environmentally sound disposal of waste electrical and electronic equipment (WEEE).
Providing supporting evidence to the relevant environmental regulator for those declarations.
Supporting consumer awareness of available options for the responsible and environmentally sound disposal of WEEE.
Where appropriate, arranging the collection, treatment, recovery, recycling, and environmentally sound disposal of WEEE, and trading evidence with other PCSs to help ensure compliance obligations are met.

## Distributor Takeback Scheme (DTS) through Designated Collection Facilities (DCFs)

The first stage of the WEEE processing chain is the collection of WEEE discarded by consumers. In the UK, one route for facilitating collection is the national Distributor Takeback Scheme (DTS), which operates through a network of Designated Collection Facilities (DCFs).

The DTS is operated by Valpak Retail WEEE Services. Membership of the DTS may enable a distributor to meet its applicable takeback obligations through the scheme, rather than providing in-store takeback directly, subject to relevant legislative requirements and the scheme's terms. This generally applies where a consumer purchases a new equivalent item of electrical and electronic equipment (EEE).

The DTS has three principal operational objectives:

Recruiting eligible UK distributors, including distance sellers, and maintaining a publicly available register of members.
Distributing funding to eligible local-authority-controlled DCFs.
Compiling and maintaining a register of DCFs operated by local authorities, commercial organizations, and third-sector bodies.

Local authorities are important participants in the DTS. Civic amenity sites operated or made available by local authorities may form part of the DCF network, subject to the applicable participation arrangements.

## Approved Treatment Facilities (ATFs) and Accredited Reprocessing Facilities

Organizations that treat WEEE must hold an appropriate waste management license or registered exemption and comply with its conditions. To operate as an Approved Authorised Treatment Facility (AATF), an organization must also meet the applicable approval requirements.

Organizations undertaking reprocessing, recycling, recovery, or export activities require separate accreditation, as applicable. Evidence notes provide documentary evidence of WEEE treatment and of subsequent recycling or recovery. They record:

The quantity and type of WEEE received by an AATF for treatment.
The quantity and type of WEEE-derived material received by an accredited reprocessor or accredited exporter for recycling or recovery.

## End-of-Year Settlement

The collection, treatment, and accounting arrangements for WEEE must demonstrate both that national targets have been met and that individual producers have fulfilled their respective obligations. Because WEEE is collected and managed collectively through national schemes, individual collection and treatment facilities—and, consequently, the producers they represent—may hold a surplus or shortfall of WEEE evidence notes. The UK system therefore includes a settlement period, during which evidence notes may be traded to address these imbalances and support compliance with the relevant targets.

## Producer Obligations Under the WEEE Directive

Under the WEEE Directive, the producer has the following obligations:

Marking of EEE

All EEE placed on the market must display specified information to support separate collection at end of life. This includes the crossed-out wheelie bin symbol, producer identification, and an indication that the product was placed on the market after 13 August 2005. The latter requirement may be met by marking the product with the date it was placed on the market or by adding a black bar beneath the crossed-out wheelie bin symbol.

Join a Producer Compliance Scheme

Each producer must join a producer compliance scheme (PCS). Through this membership, producers finance the collection, treatment, recycling, and environmentally sound disposal of separately collected WEEE. On behalf of its members, the PCS registers each producer, submits the required information, and declares compliance with relevant obligations. It may also support the collection, treatment, and reprocessing of WEEE, as well as trade evidence on members’ behalf.

Information to Assist Treatment and Recycling

Producers must provide treatment facilities and reprocessors with information on each new type of EEE placed on the UK market within one year, to support the safe handling and reprocessing of WEEE.

Provision of Producer Registration Details

All producers must register with the relevant Environment Agency. The PCS generally fulfills this obligation on the producer’s behalf. Producers must provide their registration number to distributors when placing EEE on the market.

Report Level of Sales of Products to Their PCS

The PCS may compile quarterly and annual data to support national reporting requirements, supplied by the producer.

Records of Direct Selling Abroad

Where a producer is established in the UK and sells directly to end users in other Member States, it must retain records of those sales and evidence of compliance with applicable obligations in those Member States for six years.

In conclusion, understanding the intricacies of the WEEE Directive is essential for compliance and successful market participation. By adhering to the outlined obligations and engaging with the appropriate compliance schemes, businesses can navigate the complex landscape of product compliance effectively. This proactive approach not only ensures adherence to regulations but also enhances product marketability in the EU and UK markets.

For further information, please refer to the official WEEE Directive documentation.