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Implementing the WEEE Directive
Over 1 million tonnes of WEEE is produced in the UK each year. The Waste Electrical and Electronic Equipment (WEEE) Directive came into force in February 2003 with the aim of minimising the impacts on the environment of this fast-growing waste stream. The Directive makes producers of electrical and electronic equipment (EEE) responsible for financing the collection, treatment and recovery of waste equipment, and requires distributors to allow consumers to return waste equipment free of charge.
The UK has implemented the WEEE Directive by means of the Waste Electrical and Electronic Equipment Regulations 2006 (SI 2006 No. 3289), which entered into force on 2 January 2007.
Key Elements of the WEEE Regulations
• A network of designated collection facilities (DCFs) across the UK provided by retailers, at which consumers may hand in their WEEE free of charge. Alternatively retailers can provide in-store take back to consumers at no charge;
• The collection, treatment and recycling of WEEE from DCFs via compliance schemes, funded by producers of EEE;
• A system for calculating producers’ obligations under the Directive;
• A free market approach to the allocation of WEEE from DCFs to producer compliance schemes;
• A code of practice governing the collection of WEEE from DCFs and establishing 5 categories of WEEE to be collected;
• A network of Approved Authorised Treatment Facilities to process WEEE and provide evidence of this to producers;
• A central Settlement Centre to balance out evidence of recycling between producer compliance schemes;
• Alternative producer responsibility arrangements for business WEEE.
Roles and responsibilities
Retailers must provide either free “take back” facilities in store, or fund a network of DCFs where consumers can return WEEE free of charge. The majority of larger retailers have joined the distributor take back scheme, operated on behalf of BERR by Valpak, which manages the collection of WEEE and discharges retailers’ responsibilities. This aims to utilise the existing network of local authority civic amenity sites.
Producers of EEE must register with a Producer Compliance Scheme (PCS) in order to fund the collection of WEEE from DCFs and demonstrate that WEEE has been treated and recycled in line with the Directive’s targets. The amount of WEEE that must be collected for treatment is proportional to the amount of electronic and electrical equipment placed on the market by that producer. PCSs must be registered with the Environment Agency and are required to demonstrate that they have fulfilled their obligations to collect, treat and recycle WEEE through evidence notes issued to them by treatment facilities. An evidence note specifies the weight of the consignment of WEEE, and declares that it has been processed in accordance with relevant regulations. The note also demonstrates that WEEE has been recycled to meet targets specified by the Directive.
DCFs: most operators of DCFs are local authorities and their contactors which have no direct legal obligations under the regulations. However those that receive WEEE from householders at civic amenity sites and via transfer stations, or who collect WEEE via bulky waste collections are affected. Local authorities can register as a DCF and receive funding from the distributor take back scheme. Those who choose not to become DCFs still have to meet all regulatory requirements for handling WEEE, including the costs associated with the handling of hazardous waste such as CRTs, refrigeration units and lamps.
Arrangements for the collection of WEEE from DCFs are governed by the “Code of Practice for collection of WEEE from DCFs”. Operators and PCSs negotiate with each other for the collection of WEEE from the DCF. In return for complying with the Code of Practice, WEEE is collected by one or more PCS free of charge. DCFs are not allowed to retain items from within a collection category that it has agreed to have collected by a PCS. The collection categories are:
A – Large household appliances other than cooling appliances
B – Cooling appliances
C – Display Equipment containing Cathode Ray Tubes
D – Gas discharge lamps
E – All other WEEE
PCSs arrange for the collection, treatment and disposal of WEEE from the DCFs with whom they have agreements, and obtain evidence from either Approved Authorised Treatment Facilities (AATFs) or Approved Exporters (AEs) of the equipment reused, recovered and recycled to the target levels set out in the regulations. In the event that a DCF is unable to secure an agreement with a PCS, it can reclaim any costs from BERR’s Settlement Centre.
Approved Authorised Treatment Facilities and Approved Exporters
AATFs and AEs must be approved by the environment agencies and treat electrical waste using best available techniques, as set out by DEFRA. They must also issue evidence that the WEEE has entered a reprocessor’s premises or a port for overseas shipment to the PCSs that supplied them with the WEEE, and provide quarterly reports to the relevant environment agency.
WEEE Advisory Body
BERR has established an independent, non-departmental body called the WEEE Advisory Body to advise government on the continuing development of the WEEE producer responsibility system. BERR has also set up the Settlement Centre, which balances out evidence of recycling between PCSs collecting different amounts of WEEE on behalf of their members.
Guidance Notes
In December 2007 BERR issued updated Government Guidance Notes on the WEEE Regulations, reference URN 07/1631, available from www.berr.gov.uk. The Environment Agency has issued guidance on how to issue WEEE evidence, available from www.environment-agency.gov.uk. In December 2008 BERR published a consultation on proposals for new WEEE regulations and further developments of the supporting infrastructure, which are due to take effect from the fourth compliance period (1 January - 31 December 2010 onwards).
The revision of the EC Directive
In spring 2008 the European Commission launched an EU-wide WEEE stakeholder consultation, inviting views from all those involved in the implementation of the WEEE Directive. This concluded on 5 June 2008. Following this exercise, in December 2008 the Commission published new proposals to recast the WEEE and RoHS Directives. The main objectives of the proposals are to improve the implementation and enforcement of laws on EEE and to reduce unnecessary administrative burdens.
Main changes:
- Registration and reporting obligations for producers would be harmonised and national registers would be made interoperable.
- Better control of the illegal trade in electrical and electronic equipment through minimum monitoring requirements for shipments.
- Setting of a new binding target for the collection of WEEE. The current collection target of 4kg per person per year is considered not to reflect differences in WEEE arisings between individual Member States. A new collection target is proposed at 65% of the average weight of products placed on the market in each Member State in the two preceding years, the target to be achieved by 2016.
- An increase in the recovery and recycling targets for separately collected WEEE.
- An extension of producer responsibility to cover the full costs of separately collecting WEEE.
Negotiations on recast Directives will take place in both the European Council and European Parliament in 2009. The new Directives (when agreed) are likely to take effect from the beginning of 2012.
September 2009
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