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What is the Law on WEEE?
The Waste Electrical and Electronic Equipment (WEEE) Directive aims to reduce the amount of WEEE being produced and encourages everyone to reuse, recycle and recover it.
Another goal is to improve the environmental performance of businesses that manufacture, supply, use, recycle and recover electrical and electronic equipment (EEE).
The directive was published in February 2003 and requires EU member states to minimise the amount of WEEE being disposed of as unsorted household waste. It also:

  • Sets targets for the amount of WEEE to be collected separately from private households
  • Makes distributors and retailers responsible for making arrangements to take back WEEE free of charge in convenient way for customers
  • Introduces recycling and recovery targets for WEEE
  • Introduces requirements to mark EEE products with a 'crossed out wheelie bin' symbol
  • Requires all separately collected WEEE to be treated

Producers' concerns about their long-term financial liability for WEEE arising from products sold before 13 August 2005 saw the directive amended. This means that their financial liability for recycling and recovering historic WEEE applies only to private household users or in cases where the products are being replaced by similar new products. In cases where the WEEE is not being replaced, the customer is responsible.

Along with other member states, the UK had until 13 August 2004 to turn the directive into national legislation. After this, different aspects of the directive would then come into force in 2005 and 2006.

However, like many other member states, the UK government has found it difficult to meet this deadline and actually came into force January 1st, 2007.

How the system will work
EEE producers will need to register with the Environment Agency. The government is expected to announce later this year the actual arrangements for producer registration, data reporting and monitoring recycling and recovery targets.
Producers will only be able to start registering with us when the government has introduced the necessary regulations. Until then, we can't accept registration applications from producers or their schemes. However, we expect they will be able to register individually or through a compliance scheme.
There will be a short consultation on our proposed fees. This consultation will happen soon and information will be available from the DTI's website.
Producers are responsible for financing the collection, treatment, recycling and recovery of WEEE. We call these requirements 'producer responsibility' and they apply to both household and non-household WEEE, although alternative financial arrangements can be made for non-household WEEE. The government has said it will implement these producer responsibility obligations from January 2006.
EEE producers will also need to tell us the weight and number of units of EEE they placed on the market between January and December 2004. These figures will be the basis of calculating their obligations for recycling and recovering household WEEE in the UK.
The government has also announced that it will set up a stakeholder taskforce to consider Business to Business WEEE obligations in practical detail.

How retailer takeback schemes will work
Private householders will be able (but not compelled) to return their WEEE to retailers on a 'one-for-one' basis without charge. Retailers will be able to set up alternative collection systems as long as they are still convenient for customers. The government has yet to announce how these requirements will be implemented.

Treating separately collected WEEE
The directive also sets out standards for treating separately collected WEEE and requires sites that treat WEEE to have an appropriate permit. Details of the treatment requirements can be found in Article 6 and Annex II to the WEEE Directive.

Marking EEE products
Producers also have to mark EEE goods put on the market after 13 August 2005 with a 'crossed out wheelie bin symbol'. In some cases, because of the size or the function of the product, the symbol can be printed on the packaging, the instructions or on the warranty. This mark aims to help minimise the amount of WEEE disposed of as unsorted municipal waste. By encouraging WEEE to be collected separately, it can be reused, recycled or recovered. The government intends to implement these provisions on 13 August 2005.

Hazardous substances in EEE
The Hazardous Substances in Electrical and Electronic Equipment (RoHS) Directive is related to the WEEE Directive. It restricted the use of various hazardous substances, including lead and mercury, in new electronic and electrical equipment from July 2006. There are a few exceptions, where some materials can still be used until alternatives are found.
The government has announced that it intends to transpose the RoHS Directive into UK law in the near future once it has formal notification of the maximum concentration values for the substances restricted by the directive.

What is the scope of the WEEE and RoHS directives?
These directives cover a wide range of electrical and electronic products, although some are exempt from certain requirements. Categories covered are:

  • Large and small household appliances
  • IT and telecommunication equipment
  • Consumer equipment such as TVs, videos, hi-fis
  • Lighting, electrical and electronic tools (except large stationary industrial tools)
  • Toys, leisure and sports equipment
  • Automatic dispensers
  • Medical devices (these are exempt from RoHS and the WEEE re-use and recovery targets)
  • Monitoring and control instruments (exempt from RoHS)

Who's affected?
Any business that manufactures, brands or imports electrical or electronic products within the EU is affected. Businesses selling electrical items or those that store, treat or dismantle WEEE will also be affected.

Source: The Environment Agency
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