A Short Guide to the WEEE and ROHS Directives
Background
The Waste Electrical and Electronic Equipment (WEEE) Directive is an example of producer responsibility legislation from the European Union. It will make producers of such equipment responsible for the recovery and disposal of their products at the end of their life. The legislation applies to equipment in the following 10 categories:
Large Household
Small household
ITand telecommunications
Consumer equipment
Lighting equipment
Electrical and electronic tools
Toys leisure & sports
Medical devices
Monitoring equipment
Automatic dispensers
The WEEE Directive itself gives an idicative list of the types of equipment expected to be covered in each of these categories. The DTi have also produced their own UK Guidance that aims to help companies decide whether or not their equipemnt falls into the scope of the Directive.
Obligations for Producers
Implementation of the Directive in teh UK is not yet complete, however, the latest information available indicates that producers of electrical and electronic equipment will be expected to register with the Environment Agency at the beginning of 2006. Recycling obligations will be calculated on the basis of company market share in each of the ten categories listed in the Directive. Producers will be required to demonstrate recycling through the collection and retention of WEEE Recycling Notes (WRNs).
‘Larger’ producers of EEE (Electrical and Electronic Equipment) will be allocated ‘Designated Collection Facilities’ (i.e. physical recycling sites) to manage in order to discharge their obligations. ‘Smaller’ producers will discharge their obligation through the buying and selling of WRNs. It is likely that most companies will chose to discharge their obligation by joining a compliance scheme such as Valpak or REPIC.
Obligations for Business Users
As well as making producers of EEE responsible for recovery and recycling, there are also some obligations for business users of EEE, when the equipment they are using comes to the end of its life. Business user obligations are:
For Historical WEEE (sold before 13 Aug 2005)
If no like for like replacement the end business user is responsible for disposal
If like for like replacement of equipment – the supplier (producer) is responsible
New Business WEEE (sold after 13 Aug 2005)
The producer responsible, unless otherwise agreed with business user
However, business users of WEEE are not expected to be required to regster with the Environment Agency.
The ROHS Directive
The ROHS Directive is related to the WEEE Directive and restricts the use of certain hazardous substance in new electrical and electronic equipment. It applies to all WEEE categories except medical devices, monitoring and control instruments, or spare parts sold before 2006. From 1 July 2006 new EEE must contain only specified levels of:
Lead
Mercury
Cadmium
Hexavalent chromium
Polybrominated biphenyls (PBBs)
Polybrominated diphenyl ethers (PDBEs)
Proposed levels are 0.01% by weight for cadmium, 0.1% for all other substances
Latest Position
Although the WEEE Directive was required to be translated into domestic law in all European Member States by August 2005, the UK are yet to transpose the legisaltion. The latest announcement from the Department of Trade and Industry has been that the implementation of WEEE has been delayed until June 2006. EEF have their own lobbying position in relation to WEEE implemntation and continue a dialogue with the UK Government in the interest of EEF members. The latest communciaiton we have had with the DTI which includes a summary of our lobbying position can be found opposite.
With respect to ROHS, the proposed maximum concentration values specified above are yet to be published in the EU Official Journal. The Commission are continue to consult on specific exemptions to the RoHS Directive. For a link to the current consultation click here and feed any comments back to gbooton@eef.org.uk.