WASTE ELECTRICAL AND ELECTRONIC EQUIPMENT (WEEE) REGULATIONS 2006, AS AMENDED

This legislation sets out a regime for recycling electronic waste in the UK and makes producers of such equipment responsible for financing this. It affects both producers and end users of electrical and electronic equipment.  

The Waste Electrical and Electronic Equipment (‘WEEE’) Regulations 2006 implement the provisions of the EC Directive on Waste Electrical and Electronic Equipment (2002/96/EC). The aim of the legislation is to make producers of electrical and electronic equipment responsible for the recovery and recycling of such equipment when it becomes waste.  

Categories of equipment covered by the Directive are listed in Annex I of the Directive. Under the legislation ‘producers’ of electrical and electronic equipment (EEE) are made financially responsible for the recycling / recovery of WEEE. A producer is defined as anyone who (irrespective of the selling technique used) manufactures and sells electrical and electronic equipment under his own brand, resells under his own brand or imports/exports EEE on a professional basis.  

Producers in the UK must register with a registered and approved ‘Compliance Scheme’ that will register the producer with the Regulator and undertake recycling and recovery obligations on their behalf. Producers must also ensure that new EEE put onto the market is marked in line with Directive requirements. Producer recycling obligations are calculated in relation to their market share.  

Business users of EEE are required to arrange and finance the appropriate recovery and recycling of WEEE if the equipment was originally placed on the market before 13 August 2005 and they do not wish to replace it with new ‘like for like’ equipment. If a ‘like for like’ replacement is taking place, or the equipment was placed on the market after 13 August 2005, the producer is responsible.  

Producers and business users responsible for the recovery and recycling of WEEE must ensure it is transferred to an Authorised Accredited Treatment Facility (AATF) or Approved Exporter (AE). 

Guidance on the implementation of the WEEE Directive in the UK is available from the Department for Business, Enterprise and Regulatory Reform (BERR - formerly the Trade and Industry, DTi).

Amendments

• Decision 2009/443/EC sets exemptions for certain applications using lead, cadmium and mercury.
• A 2009 amendment defines non-obligated WEEE and includes a requirement for AATFs and AEs to report on the amount of non-obligated WEEE received. AEs and AATFs can issue evidence notes upon receipt of WEEE rather than waiting until it has been treated or exported. A number of reporting requirements and dates are amended, in particular in relation to scheme operators.
• A second 2009 amendment ensures details of EEE put on the market for intended use by private households must be reported quarterly; other EEE is to be reported annually.
• A 2010 amendment replace the words ‘preparation’ with ‘mixture’  and makes changes to the dates by which operators of schemes must apply to register members of their schemes (from the 15th October to the 15th November) and by which the appropriate authority shall confirm registration (from the 1st December to the 15th January).

Applicability

Under these regulations, Ardagh Glass must segregate Waste Electrical and Electronic Equipment (WEEE) generated on site for collection and disposal by an appropriately licensed contractor. The site representative has reported that the company are compliant with this legislation.  

Related Aspects
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