The WEEE Regulations for England and Wales 2006 implement the producer responsibility requirements under the EU Waste Electrical and Electronic Equipment (WEEE)
Directive 2003.
The Directive aims to minimise the impact of electrical and electronic goods on the environment, by increasing re-use and recycling and reducing the amount of WEEE going to landfill.
Since 1 July 2007 producers have been responsible for financing the treatment and recycling of WEEE, making a real difference to the environment. However many companies, in particular SMEs, still struggle to understand whether the Regulations apply to them putting themselves at risk of being fined.
Our step-by-step guide will help you make sure that you are on top of the law. You can also download this guidance as a pdf.
Step 1- work out if you are a ‘producer’ or otherwise under the WEEE Regulations
The Regulations apply to all businesses, regardless of their size, that produce, sell, store, treat or dismantle WEEE. The WEEE Regulations put responsibility for disposal of electrical waste on to producers, once a product reaches the end of its life. You are seen as a ‘producer’ under the WEEE Regulations and are likely to have to register with a compliance scheme if your business falls into the category of
- importer,
- rebrander, or
- manufacturer of electrical and electronic equipment (EEE).
You are an importer if you bring (or arrange for others to bring) goods into the country on a professional basis. You will need to register as a UK producer unless the overseas manufacturer has.
You are a rebrander if you buy finished products from a manufacturer and then replace the original brand name with your own before putting them on the market.
You are a manufacturer if you make or assemble products to be sold under your own brand name.
Businesses selling electrical items to end user are defined as 'distributors' of EEE. This includes wholesalers, retailers, distant seller (e.g. internet retailers), and producers who sell products directly to consumers. There are no distributor obligations on sellers of non-household WEEE. In some instances, you may pick up both obligations, that of producer and distributor.
For example, if you re-brand EEE manufactured by another company and then make it available for sale to the household EEE market. For more information check out our summary of key obligations on business here.
If you are a manufacturer of electrical and electronic equipment you are also likely to be covered by the Restriction of Hazardous Substances (RoHs) Regulations. For more information read our guide on RoHs.
Step 2- Find out if your product is covered under the WEEE Regulations
Your product is likely to be covered by the Regulations if it requires electricity for its main purpose and falls within one of the ten categories of WEEE:
- Large household appliances (e.g. freezers)
Small household appliances (e.g. vacuum cleaners, toasters)
- IT and telecommunications equipment (e.g. computers, printers, photocopiers)
- Consumer equipment (e.g. TVs, radios, etc)
- Lighting equipment (e.g. fluorescent lamps)
- Electrical and electronic tools (e.g. power tools)
- Toys, leisure and sports equipment (e.g. video game consoles)
- Medical devices (e.g. radiotherapy equipment)
- Monitoring and control equipment (e.g. smoke detectors, controls panels)
- Automatic dispensers (e.g. vending machines)
There are a few exclusions so check whether these may apply to you. Exemptions from the scope of the Regulations include fixed installations, EEE for military and national security and EEE that is part of another system.
Step 3- Register with a compliance scheme
If you are classified as a producer under the WEEE regulations, you must register with an approved producer compliance scheme each year; the first deadline was March 2007. If you need to register but haven’t, you are breaking the law and must register now. If you delay, you could be fined up to £5,000 in a Magistrate’s Court or receive an unlimited fine in a Crown Court.
To register with a compliance scheme you need to:
- pay a registration fee
- tell the scheme how much electrical and electronic equipment you place on the UK market eachcalendar year
- tell the scheme whether you supplied the equipment for household or non-household (eg. business) use
- you will then receive a producer registration number that you will need to give to anyone who distributes or sells your equipment.
You can view a list of approved producer compliance schemes by clicking here.
Step 4 - Mark your products
You should be marking all new electrical products you place on the market with the crossed out wheeled bin symbol and a producer identification mark. This includes EEE you import directly from abroad. This has been a requirement in the UK since 1 April 2007.
Details of the crossed-out wheeled bin and date markings can be found in British Standard BS EN 501419:2006 or later at www.bsigroup.com.
Step 5- Work out what will happen to the products once they have come to the end of their life
You will need to finance the cost of treating and recovering the types of products you import, rebrand or manufacture. There are separate collection and funding arrangements for non-household equipment. Check out our summary of the key obligations on business.
For more information, check out our online summary of the key obligations on business. Your compliance scheme should also be able to advise you.
Step 6 - Find more information
A copy of the WEEE Regulations and government guidance notes can be found on the BERR website.
For more information about the WEEE Regulations including a range of government guidance and advice, visit the Environment Agency site or call the Environment Agency on 08708 506 506.
A copy of the WEEE Directive and FAQ can be found on the European Commission website.