FAQs

Q. What's the problem with electrical and electronic waste?
A. Electrical and electronic waste is made up of many different materials and components, some of which are toxic and hazardous. In 2007, more than 90% of electrical and electronic waste was land filled, incinerated or recovered without any pre-treatment. This means that the pollutants could contaminate air, water and soil. WEEE is the fastest growing waste stream, growing three times faster than the average waste stream.

Q. What are we doing about the problem?
A. The EU has adopted two Directives that tackle the issue. The Directive on waste electrical and electronic equipment (WEEE) aims to prevent the generation of electrical and electronic waste and to promote reuse, recycling and other forms of recovery in order to reduce the quantity of such waste to be eliminated through land filling or incineration. It therefore requires the collection of WEEE, recovery and reuse/recycling. Where appropriate, priority should be given to reuse of the whole appliance. The Directive on the restriction of the use of certain hazardous substances in electrical and electronic equipment (RoHS) seeks to substitute lead, mercury, cadmium, hexavalent chromium, polybrominated biphenyls (PBB) and polybrominated diphenyl ethers (PBDE) in electrical and electronic equipment, where alternatives are available.

Q. What are the UK WEEE regulations?
A. The Waste Electrical and Electronic Equipment (WEEE) Regulations apply to electrical and electronic equipment (EEE) in the categories listed below with a voltage of up to 1000 volts for alternating current or up to 1500 volts for direct current. You will need to comply with the WEEE regulations if you generate, handle or dispose of waste that falls under one of ten categories of WEEE:

1. Large household appliances (excluding ODS fridges/freezers)
2. Small household appliances (eg toaster, kettle, vacuum cleaner)
3. IT and telecommunications equipment (excluding CRTs)
4. Consumer equipment
5. Lighting equipment
6. Electrical and electronic tools (with the exception of large-scale stationary industrial tools)
7. Toys, leisure and sports equipment
8. Medical devices (with the exception of all implanted and infected products)
9. Monitoring and control instruments
10. Automatic dispensers

Furthermore the WEEE regulations split out the following three product groups from the above categories for separate reporting:

11. Cooling equipment
12. Display equipment (CRTs) including plasma and LCDs
13. Gas discharge lamps

Schedule two of the WEEE regulations provides examples of products falling within these categories.

The WEEE regulations apply to importers, producers, retailers and users of EEE, and to businesses that treat or recover WEEE.

Q. How do I find out if my products are covered by the regulations?
A. The latest EA guidance on EEE product scope is available on the Comply Direct website.

Q. My product type isn’t listed in the in the regulations. Is it exempt?
A. The list of products in Schedule 2 of the WEEE regulations is an illustrative list. The fact that your product type is not on the list does not necessarily mean that it is outside the scope of the WEEE regulations. You should use the decision tree at Annex B to inform your final decision, but you may also wish to consider seeking independent legal advice.

Q. My product has electrical parts, but they’re not essential for it to work. Is it exempt?
A. With the exception of products within Category 7, the only products that require electricity to fulfil their primary function are within scope. The European Commission refers to the example of a teddy bear with a battery for additional functionality that can still fulfil its main purpose as a comfort toy without the battery and is therefore not considered within scope.

Q. Are component parts of electrical equipment considered to be EEE?
A. Components cover the range of discrete items that form part of a finished product and thus enable it to work properly, for example transistors, capacitors, diodes or internal wiring. Sub-assemblies are packages of components assembled into discrete units, such as display panels or populated circuit boards. Components and sub-assemblies supplied for further manufacture or assembly are not finished products and are therefore not considered to be EEE in their own right.

Q. Are accessories which are not themselves a useable product considered to be EEE?
A. Yes. Accessories such as audio headphones, computer keyboards, antennas and connecting cables do not by themselves have a function, but they do when associated with another product. They are therefore considered to be EEE.

Q. Must I report the sale of spare parts?
A. No. Spare parts are not products by themselves but are supplied for the repair of products. Spare parts put on the market for the repair of products are outside the scope of the WEEE regulations, but they may be subject to the Restriction on certain Hazardous Substances (RoHS) regulations.

Q. Do I have to report the sale of consumables I produce, such as printer cartridges?
A. No. Consumables only become WEEE if they are part of another product that is WEEE. For example, when a printer is discarded it becomes WEEE. If an ink cartridge is inside the printer at the time, then the ink cartridge also becomes part of that WEEE at the time of discarding. The ink cartridge would not be WEEE if discarded on its own and is, therefore, outside the scope of the WEEE regulations, though it could be covered by other UK waste legislation.

Q. Are finished electrical products that can only be used in a vehicle in scope?
A. No. Equipment that is part of another type of equipment that does not fall within the scope of the WEEE regulations is itself excluded from the scope of the WEEE regulations. Therefore equipment specifically designed to be exclusively installed on airplanes, boats, cars and other forms of transport is considered to be outside scope. For example, a satellite navigation kit designed to be permanently installed in a car would be exempt, but it may be subject to the requirements of the End-of-Life Vehicles Directive.

Q. Are items such as microwaves and ovens, which are designed only for ‘business use’ exempt since category one refers to ‘household’ appliances?
A. No. The WEEE Directive covers both household and non-household EEE, so products for business users are covered by the WEEE regulations. ‘Business use’ versions of products that fall under Categories 1, 2 and 4 are within the scope of the WEEE regulations.

Q. What is ‘Historic’ and ‘future’ WEEE?
A. WEEE products are also categorised depending on when they were placed onto the UK market. The responsibility for WEEE disposal differs for historic and future WEEE. This responsibility affects both producers and businesses that use EEE.

Products placed onto the market before 13 August 2005 are called ‘historic WEEE’.  Products placed onto the market after 13 August 2005 are called ‘future WEEE’.

Q. Are any items of EEE exempt from the WEEE regulations?
A. Some types of electrical and electronic equipment (EEE) are exempt from the Waste Electrical and Electronic Equipment (WEEE) Regulations. They include the following equipment:

Equipment that does not use electricity through battery or mains supply to fulfill its main function
Equipment that is part of another type of equipment that is not covered by the WEEE regulations. However, other waste regulations may apply to them, for example the End-of-Life Vehicle Regulations cover the electrical components of vehicles
Equipment designed to protect the UK’s national security
Filament light bulbs
Household light fittings of any kind
Large industrial tools, permanently fixed in industrial machinery or an industrial location
High-voltage equipment that is designed for use with a voltage rating exceeding 1,000 volts AC or 1,500 volts DC
Contaminated medical implants and medical equipment
Spare parts that are used to repair EEE

Q. Who is a ‘producer’ of electrical and electronic equipment (EEE)?
A. You are a producer of EEE if you manufacture, import or re-sell EEE under your own brand.

Q. What must Producers of electrical or electronic equipment do?
A. As a producer you have responsibility for the EEE you place on the market. You must make sure that it is disposed of in an environmentally sound way, including the treatment, reuse, recovery and recycling of the components where appropriate.   The responsibility for financing the treatment and recycling of separately collected household WEEE will be shared out between all producers of household EEE, depending on their market share. Your environmental regulator will advise you of this obligation. Different financing arrangements apply for non-household equipment.

Q. How do I register as a producer of EEE?
A. If you produce EEE you must join a producer compliance scheme who will register you with your environmental regulator. If you do not join a scheme you could face prosecution and a fine.

Your producer compliance scheme will arrange to deal with separately collected household WEEE on your behalf. You will need to pay for collecting, treating, recovering and disposing of an amount of WEEE equivalent to the amount of EEE that you place on the UK market.

Different take-back and financing arrangements apply for non-household equipment.

A business user of EEE that chooses to deal with its WEEE itself must ensure that the WEEE is dealt with properly. It must be taken to an appropriately licenced site where it can be treated safely.

Q. What is the difference between a producer of equipment for household and non-household WEEE?
A. There are differences in the Waste Electrical and Electronic Equipment (WEEE) Regulations for ‘household’ and ‘non-household’ WEEE.

Household WEEE is equipment that is used within the home. Non-household equipment is identified by:

bigger power specifications than would normally be used in the home
the size of the equipment and how it is installed
whether you need professional training or qualifications to use the equipment
whether you need a licence to operate the equipment.

If you are still not clear whether your equipment is household or non-household, it is likely to be non-household if there is:

a contract between the producer and user
documentation that ensures it will not be disposed of though municipal waste streams.

If you produce both household and non-household electrical and electronic equipment (EEE) you must not register with more than one compliance scheme for household WEEE and one scheme for non-household WEEE each year. You can register with either a single scheme or two schemes for the two types of WEEE.

Q. Can my company negotiate our obligations for non-household WEEE?
A. You can negotiate WEEE responsibilities with your customers that buy non-household EEE.

You may want to transfer to your customer obligations for WEEE that is being replaced, or for new equipment when it becomes WEEE and is disposed of. This agreement can be a part of normal contract negotiations, and can benefit both you and your customer.

Q. What must I mark my products with as a Producer?
A. If you produce electrical and electronic equipment (EEE) you must mark all of your goods with the crossed-out wheeled bin symbol. This must be a visible, legible and permanent marking on your product. This will help separate waste electrical and electronic equipment (WEEE) from other waste streams.

Only in exceptional circumstances when the product is far too small can this marking be printed on the packaging, instructions for use or the accompanying warranty.

This marking must also include a:

producer’s identification mark that easily identifies the producer of the equipment (this is normally a brand logo or brand name)
thick bar underneath the wheeled bin symbol to show that the product was placed on the market after 13 August 2005.

Q. What else must we do as Producers of equipment?
A. Make sure that your suppliers of EEE are registered with your environmental regulator as producers. Ask for their unique producer registration number. You must provide your customers with information on:

the environmental impacts of the substances in EEE and waste electrical and electronic equipment (WEEE)
the reasons for separating WEEE from other waste
the meaning of the crossed out wheeled bin symbol
how they can safely dispose of WEEE for proper treatment and recycling free of charge

You must keep evidence for four years that you have provided this information. You do not need to keep records of individual cases.

Q. What is my obligation if I only deal with B2B?
A. WEEE arising from sources other than private households. This is not a collective obligation and each producer is responsible for financing the collection, treatment, recycling and recovery of B2B WEEE in accordance with the following principles:

Where EEE is put on the market before 13th August 2005, and a producer is supplying new EEE to replace it that is equivalent in type or is fulfilling the same function, the producer is responsible for financing the disposal of the WEEE arising.
Where EEE is put on the market on or after 13th August 2005 the producer supplying the new EEE is responsible for disposal of the WEEE that will arise from it.
Otherwise, the end user who is discarding the WEEE is responsible. Nothing prevents a producer concluding an arrangement whereby parties to an agreement decide to finance the costs differently.

Q. I sell EEE directly to household users. Am I a distributor?
A. Yes.

Q. I sell EEE only to non-household users for their own use. Am I a distributor?
A. Yes, but distributor obligations do not apply in relation to sales of non-household EEE. However your customers may ask you for information about the registered producer of the EEE, and that producer may ask you for information about non-household customers and sales so that they can report their sales correctly.

Q. I only sell second-hand equipment. Am I a distributor?
A. Distributor obligations only apply in relation to the provision of EEE that has not been previously placed on the UK market.

Q. If I allow take-back, do I have to allow consumers to bring back any WEEE?
A. Consumers may bring back items of equipment which they are replacing with an equivalent new product on a like-for-like basis. If you offer take-back you must do this for all types of EEE you sell. So, for example, a consumer buying a new microwave oven would be entitled to take-back of one old microwave oven as WEEE. You would not be expected to take back a completely different type of equipment, for example a washing machine for a DVD player.

Q. What is "equivalent" WEEE?
A. Distributors are expected to adopt a reasonable interpretation of equivalence. For example, a customer should be allowed to bring back an old video cassette recorder when purchasing a new DVD player/recorder, as even though this is not strictly a like for- like replacement, the new product is intended to fulfil the same function.

Q. How long after a purchase should I give consumers to bring back their WEEE?
A. The WEEE Regulations do not lay down a minimum period for which take-back should be offered. However, given that it is unlikely that customers will carry WEEE with them while shopping, distributors are should accept WEEE within a reasonable period following a sale (e.g. 28 days). You may wish to endorse the sales receipt to govern deferred in-store take-back of WEEE

Q. Can I charge customers if I offer collection-on-delivery services?
A. It remains at the discretion of retailers whether to charge or not for any collection on delivery services that they provide to consumers, but any such services would not fulfil your take-back obligations.