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Briefings

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 require 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 WEE Regulations
Retailers will provide a network of designated collection facilities (DCFs) across the UK, at which consumers may hand in their WEEE free of charge;

- Producers of EEE will fund the collection, treatment and recycling of WEEE from DCFs via a compliance scheme;

- 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. 

Under this scheme, retailers are funding the upgrade of civic amenity sites to allow the separate storage and collection of WEEE, in accordance with the regulations. 

Producers of WEEE 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 will specify the weight of the consignment of WEEE, and declare that it has been processed in accordance with relevant regulations. The note will also demonstrate that WEEE has been recycled to meet targets specified by the Directive.

DCFs: - most operators of DCFs will be local authorities and their contactors who will 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 will 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 will be governed by the “Code of Practice for collection of WEEE from DCFs”.  Operators and PCSs will need to negotiate with each other for the collection of WEEE from the DCF.  In return for complying with the Code of Practice, WEEE will be collected by one or more PCS free of charge.  It will not be possible for DCFs 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 will arrange for the collection, treatment and disposal of WEEE from the DCFs with whom they have agreements, and will 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 will be able to reclaim any costs from BERR’s proposed 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 by an AE to the PCSs that supplied them with the WEEE, and provide quarterly reports to the environment agency. 

Next steps
BERR plans to establish a new independent, non-departmental body called the WEEE Advisory Body to advise government on the continuing development of the WEEE producer responsibility system.  The body’s first meeting is expected to take place by September 2007.  BERR is also putting arrangements in place for the establishment of the Settlement Centre, which will be available to balance out evidence of recycling between PCSs collecting different amounts of WEEE on behalf of their members.

Further information is available on the BERR website

July 2007

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