EAUC

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EAUC Oxford University Tuesday 20th November
2007 Waste Electrical and Electronic Equipment
Directive Anna Latham, Senior Consultant
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Seminar Outline

• Background to the legislation
• How the legislation has been implemented in the
  UK
• Implications and considerations for the HFE sector

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What is WEEE

• Waste Electrical and Electronic Equipment (WEEE)
  Directive (2002/96/EC)
• European Directive therefore implemented
  differently across all EU Member States
• Restriction of Hazardous Substances in Electrical
  and Electronic Equipment (2002/95/EC)
• Implemented by the Restriction of the Use of
  Certain Hazardous Substances in Electrical and
  Electronic Equipment Regulations 2006

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Requirements of the Directive

• Member States must achieve a collection rate of
  at least 4 kilograms on average per inhabitant
  per year to be achieved by 31 December 2006
• Recovery/reuse and recycling targets per category
  (by average weight of appliance) also set e.g.
• Large household 80/75
• IT consumer 75/65
• Producers responsible for financing re-use and
  recovery of WEEE

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UK Implementation

• Implemented in the UK through the Waste
  Electrical and Electronic Equipment Regulations
  2006 (SI 3289)
• and
• The Waste Electrical and Electronic Equipment
  (Waste Management Licensing) (England and Wales)
  Regulations 2006 (SI 3315)

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Main Players

• Government Dti (now BERR) (responsible for
  implementation)
• DEFRA (approving authorised treatment facilities
  only)
• Environment Agency / SEPA / EHS (regulating
  compliance schemes)
• Businesses producers and end users
• Compliance Schemes
• Retailers
• Local Authorities

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Troubled History

• 13th Feb 2003 Directive agreed in the EU
• 28th March 2003 First UK consultation on
  implementation
• 25th November 2003 Second UK consultation on
  implementation
• 30th July 2004 Final Consultation
• 13th August 2004 date by which transposition
  was supposed to have occurred
• 10th Aug 2005 Implementation date announced as
  June 2006
• 15th December 2005 Urgent review of
  implementation called

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Trouble History Cont

• Informal stakeholder consultation in spring 2006
• Formal consultation on draft regulations summer
  2006
• WEEE Regulations laid 12 December 2006
• WEEE Regulations in force 2 January 2007
• Problems included
• Retailers vs. Manufacturers (visible fee /
  calculation of obligations)
• Local Authority concerns (clearance of DCFs)
• Environment Agency concerns (resourcing???)
• Changes of Minister / Officials

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Guidance

• Regulations finally came into force on 2nd
  January 2007
• Producer responsibility began 1st July 2007
• Guidance available on BERR website

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Scope

• All equipment dependent on electrical currents or
  electromagnetic fields
• 10 indicative categories
• Large household
• Small household
• IT and telecommunications
• Consumer equipment
• Lighting equipment
• Electrical and electronic tools
• Toys leisure sports
• Medical devices
• Monitoring equipment
• Automatic dispensers
• Indicative, but not exhaustive list of examples
  in Annex IB

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Specific Exemptions

• Exemptions
• National security / military equipment
• Stationary industrial tools
• Luminaries in households
• Implanted or infected medical products
• EEE that forms part of equipment that is not in
  scope
• Filament light bulbs and household luminaries
  (note that these are NOT exempt from RoHS)
• Also
• Main power source must be electricity
• Electricity needed for primary function
• Not part of another type of equipment or fixed
  installation

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DTi Guidance - Scope
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Scope Not always clear!

• Examples
• Electricity Meter
• Portable heater running on mains electricity
• Fitted heater running on mains electricity
• Battery powered teddy bear
• Battery powered fan

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Scope BERR Guidance
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Producer Obligations

• Producer - any person who, irrespective of
  selling technique used (including internet),
  including by means of distance
• Manufactures and sells his own brand
• Re-sells under his own brand
• Imports EEE into the UK
• Producers required to register with a compliance
  scheme (by 17th March 2007)
• DTi will calculate / allocate each producers
  recycling obligations based on market share
• Producer responsibility began 1st July 2007

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Producers

• Recovery / recycling obligation
• Also
• Ensure that products (wherever possible) have
  been designed to enable reuse and recycling
• Mark products with correct labels and symbols (BS
  EN 504192006)

Plus producer ID and date of manufacture
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Logistics

• Retailers must provided free take back in store
  for customers when making a like for like
  purchase of new equipment from August 2005
• Or
• Set up retailer compliance scheme (will result in
  upgrade of civic amenity site network)
• National network of DCFs being used to collect
  WEEE
• Compliance schemes organise collection of WEEE
  and clearance of DCFs on behalf of their members

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• Approval and registration of compliance schemes
• Regulation of re-processors

• Calculation of producer recycling
  responsibility
• Holds the exchange

Regulated by EA
Approved Authorised Treatment Facility
Registration of producers
Send WEEE to accredited re-processor
Compliance Schemes
Clear DCFs
Register with a compliance scheme
DCF
Upgrade civic amenity site network / provide take
back
PRODUCERS
RETAILERS
END USERS
Send WEEE to DCF where obligated
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Discussion - Are you a producer?

• For any equipment you place on the market (sell /
  import) that falls into the scope of the
  Directive yes
• Check University activities against scope of
  Directive register with a compliance scheme if
  necessary

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Business User Obligations

• Business users will be responsible for some
  historic waste
• What is Historical Waste?
• Waste products placed on the market before 13
  August 2005
• Historical WEEE (placed on the market before 13
  Aug 2005)
• If no like for like replacement the end business
  user is responsible for disposal costs
• If like for like replacement of equipment
  supplier (producer) responsible
• New Business WEEE (placed on the market after 13
  Aug 2005)
• Producer responsible, unless otherwise agreed
  with business user

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Placed on the Market

• Grey Area
• European Commission interpret this as placing on
  the community (EU) market
• The Commission's guide to new approach Directives
  - "the Blue Book"
• In reality, this will be difficult to
• manage and regulate

Manufacturer
Distributor
Dealer
Retailer
Customer
Consumer
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Blue Book Definition
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BERR Guidance
We shall assume that this is the case for the
purposes of this seminar
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Your original supplier is responsible for the
disposal of the waste equipment
Yes
Was the equipment purchased before 13th August
2005?
Is the equipment to be disposed of within the
scope of the WEEE Directive?1
No
Yes
You are responsible for the disposal of the waste
equipment
No
Are you obtaining a like for like replacement
for the equipment?
No
The requirements of the WEEE Regulations do not
apply
Yes
The supplier of your new equipment is responsible
for the disposal of the old equipment
Flow chart of disposal obligations for business
users under the WEEE Directive

• 1To Check scope
• Refer to Annex 1A and 1B of the WEEE Directive
  http//eur-lex.europa.eu/LexUriServ/site/en/consl
  eg/2002/L/02002L0096-20031231-en.pdf
• Ensure you have considered exemption rules in
  DTi Guidance documents http//www.dti.gov.uk/innov
  ation/sustainability/weee/page30269.html

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Challenges

• Do your purchasing systems allow you to trace
  back when equipment was purchased and from whom?
• Determining when something was placed in the
  market is likely to be problematic
• Contacting / identifying historical suppliers to
  take away your historical waste may be
  problematic
• Identifying the Producer

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Like for Like
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Like for Like

• Fulfils the same function
• Need not be identical in all respects
• Take account of technological developments and
  improvements in functionality
• Common sense / practical approach
• Acceptable examples VCR DVD, walkman / iPod
• Unacceptable examples TV drill, washing
  machine - kettle

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Duty of Care

• Business users have to keep proof to demonstrate
  that one off consignments of WEEE have been
  disposed of to an accredited re-processor
• Practical considerations
• Segregating WEEE from the main waste stream
• Separating WEEE which is your responsibility and
  a porducer / suppliers responsibility

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Third Sector (Charities)

• If the equipment is still functional it is not
  waste and can therefore be given to charities ?
• Compliance Schemes encouraged to use charities
  and state how they will encourage the re-use of
  whole appliances in their applications

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End Users Beware!

• The Regulations allow suppliers (producers) to
  negotiate alternative financing arrangements
• This will be a commercial decision and should
  form part of the supply contract negotiating
  process
• Some (unscrupulous!) producers may try and
  discharge their recycling obligation by writing
  into supply contracts that their customer is
  responsible for re-cycling WEEE at the end of its
  life
• Contracts must be negotiated carefully
• Purchasing Staff need to be made aware

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Summary 4 scenarios to plan for

• WEEE purchased before Aug 2005 that you are not
  replacing with like for like equipment
• WEEE purchased before Aug 2005 that you are
  replacing with like for like equipment
• WEEE purchased after Aug 2005 that you are not
  replacing with like for like equipment
• Negotiations with suppliers for EEE purchased in
  the future

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1. WEEE purchased before Aug 2005 that you are
not replacing with like for like equipment

• Your responsibility
• Compliance schemes can be used for one off
  collections of WEEE (or contact AATF directly)
• Many compliance schemes registered with the EA
  and specialise in different types of waste /
  different commercial situations
• Find the most appropriate scheme for you (cost /
  evidence of proper disposal / IT equipment
  confidentiality / destruction of sensitive data)
• Retain evidence of appropriate disposal via Duty
  of Care

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2. WEEE purchased before Aug 2005 that you are
replacing with like for like equipment

• Producer (new supplier) is responsible,
  regardless of whether they supplied you with the
  original equipment
• Contact new supplier and arrange collection of
  waste as well as delivery of new like-for-like
  equipment

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3. WEEE purchased after Aug 2005 that you are not
replacing

• Original producer (supplier) is responsible
  regardless of whether a like for like replacement
  is taking place
• Contact supplier and arrange collection (may need
  to get this information via your distributor)
• NB Determining when something was placed on the
  market may cause problems in these situations,
  for practical purposes, establishments may want
  to make the executive decision to dispose of all
  historical EEE themselves, particularly given
  that many compliance schemes will collect free of
  charge

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4. Future purchasing of EEE

• Ensure you address the issue of disposal of the
  equipment at end of life is included in the
  contract
• Can be used as an additional negotiating tool
• Ensure producers do not try and discharge end of
  life disposal obligations to you in the small
  print
• Ensure purchasing systems are set up to record
  dates of purchase and supplier information

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Main points

• Possible producer obligations
• Register with a compliance scheme if necessary
• Main obligation as business user
• Establishing internal systems for understanding
  when waste electrical equipment was purchased
• Negotiating supply contracts for future supplies
• One-off collections using a compliance scheme /
  AATF
• Separation / storage of WEEE
• Obtain evidence of correct disposal

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Further Information

• Department for Business, Enterprise and
  Regulatory Reform (BERR)
• http//www.dti.gov.uk/innovation/sustainability/we
  ee/page30269.html
• Environment Agency
• http//www.environment-agency.gov.uk/business/4442
  17/444663/1106248/