• The directive encourages and sets criteria for the collection, treatment, recycling and recovery of waste electrical and electronic equipment.
  
• Enforced under EU law on 13/2/03. However, the UK has until 13/8/04
  to incorporate it into UK law. 
  
• 2 parts:  1. producer responsibility
               2. restriction on the use of hazardous substances (covered by 
               RoHs directive)
  
• The government believes the WEEE regulations will apply to the following 10 categories of electrical items:

1.  Large Household Appliances (e.g. washing machines, cookers)
2.  Small Household Appliances (e.g. toasters, irons, hairdryers)
3.  IT and Telecommunications Equipment (e.g. PCs, copiers, phones, mobiles)
4.  Consumer Equipment (e.g. TVs, videos, hi-fis)
5.  Lighting Equipment (e.g. fluorescent lamps, but excludes filament lightbulbs)
6.  Electrical and Electronic Tools, exception large-scale stationary industrial tools (e.g. lawnmowers, sewing machines, drills)
7.  Toys, Leisure and Sports Equipment (e.g. video games, bike computers, slot machines)
8.  Medical devices, except implanted and infected products (e.g. ventilators, analysers)
9.  Monitoring and control instruments (e.g. smoke detectors, thermostats)
10. Automatic dispensers (e.g. drinks dispensers, chocolate dispensers, ATMs)

Recovery targets to be reached by 31 December 2006

The benefits

• A reduction in the risk to human health and the environment through improved waste treatment and the minimal use of hazardous substances.
• Conservation of raw materials and of energy resources.
• A reduction in air pollution, including CO2 and ozone depleting substances.
• Diversion of between 133,000 and 339,300 tonnes of waste from landfill.

Demands of the new WEEE regulations:

Manufacturers of electrical and electronic equipment will need to: 

• Prepare data on the volumes and types of their electrical and electronic equipment placed on the UK market and exported to EU countries and on what has been recycled by or on their behalf;
• Register as a producer with one of the environment agencies once arrangements are finalised;
• Ensure that their products, wherever possible, are designed to enable their reuse and recycling, and that they are marked with the correct label;
• Ensure there are sufficient collection facilities to allow reasonable access, and that returns are at least free of charge to last holders and distributors;
• Pay their share of treatment and recycling costs for separately collected items;
• Make information available on the reuse and treatment of their products that they sell in the future;

Make sure that after July 2006, any products sold in the EU do not contain lead, mercury, hexavalent chromium, cadmium, PBB or PBDE flame retardants (although some exceptions are permitted).

Once the Regulations come into force, retailers of electrical and electronic equipment will need to: 

• Accept WEEE free of charge on a like for like basis, when a consumer buys an equivalent product;
• For large items, offer to take-back a similar old product on delivery of a new item;
• For smaller products, provide an in-store take-back service;
• Let customers know about the take-back services offered;
• Offer alternate arrangements if in-store take-back is impossible - perhaps using third party collection or paying towards a joint scheme - provided it is not made more difficult for last owners to return their goods.
  

All WEEE collected must be taken to a permitted treatment facility or be reused. It must be transported in such a way as to avoid damage that would prevent equipment or components from being reused.

Financing it:

Producers can fulfil their financial obligations through "the own marque" or the "individual responsibility" route of dealing with their own waste when it arises. A second means is through a "market share" or "shared responsibility". The DTI favours a market-based approach and this is likely to be the usual route to compliance.

For historic WEEE, producers are to contribute to total costs according to their market share. Financing of business WEEE is also allocated to producers.

• Obligation on producers to fund treatment and recycling of household WEEE from collection points.
• Choice of payment through "own product" compliance or via membership of a compliance organisation.

Penalties and enforcement:

The Directive is likely to be implemented under the European Communities Act or in combination with section 93 of the Environment Act 1995. The maximum penalties for non-compliance under the former are 3 months imprisonment or a £5,000 for cases heard at a Magistrates court, and two years imprisonment and an unlimited fine for those heard in Crown Court. Under the 1995 Act, the maximum penalties are a £5000 fine in a magistrates court and an unlimited fine for cases heard in Crown Court.

Latest Information

The UK has failed to implement the WEEE Directive on time and Govenment is presently undertaking a Review, with the aim of consulting in late sping/early summer. Regulations are expected by the end of the year. Watch this space.

Links

European Commission   http://europa.eu

DTI www.dti.gov.uk/sustainability

DEFRA www.defra.gov.uk

Industry Council for Elecytronic Recycling (ICER)  www.icer.org.uk