Waste Electrical and Electronic Equipment (WEEE) Directive

Overview

The Waste Electrical and Electronic Equipment Directive 2012/19/EU (the “WEEE Directive”) aims to reduce the amount of waste electrical and electronic equipment disposed of in landfill.

The WEEE Directive may impose obligations throughout the lifecycle of electrical and electronic equipment (“EEE”), including requirements relating to product design that facilitate dismantling, recycling and reuse. It further provides for the establishment of national WEEE collection points and treatment systems, enabling consumers to segregate WEEE from other waste streams. Accordingly, WEEE may be treated, recorded and reported to the competent national enforcement authority. Producers are generally responsible for the costs of collecting and treating WEEE. Implementing a national WEEE scheme requires participation from national and local government, EEE manufacturers, distributors, retailers, and consumers. Although the WEEE Directive applies to most EEE, certain exclusions apply, including 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 act as an intermediary between producers and environmental agencies and provide services that support effective, cost-efficient recycling or reuse of WEEE. EEE placed on the market must bear the prescribed markings to help end users dispose of it properly. Producers must also provide treatment facilities with the information needed to ensure new products are processed efficiently.

Scope

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 out in Article 2, it applies to electrical and electronic equipment that depends on electric currents or electromagnetic fields to fulfil at least one intended function, including 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.

EEA falling within the scope of the WEEE Directive is classified in accordance with 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 foregoing categories encompass a wide range of products and the applicability of the WEEE Directive will be readily apparent in most circumstances, questions may arise as to whether particular equipment falls within its scope. Relevant guidance may be available from a range of 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 the specific legal and factual circumstances. The Court of Justice of the European Union has 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 where the classification or regulatory status of a product is uncertain.

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

1. 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 using fluids other than water for temperature exchange.

2. 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.

3. 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.

4. 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.

5. 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.

6. 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

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 fulfil its function only as part of that equipment.

Composition

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 authorised 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

The applicable legislation assigns distinct roles and obligations to:

(i) “producers” and “distributors”, as defined in the relevant regime;

(ii) private households and other end users, including business users where applicable;

(iii) local authorities and other operators of designated collection facilities; and

(iv) operators of authorised 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 collecting 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; and

• compiling and maintaining a register of DCFs operated by local authorities, commercial organisations 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

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

Organisations 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; and

·        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, 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 fulfils 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.