B2B producer compliance
The WEEE Regulations differ between EEE sold for household (i.e. consumer use by members of the public) and non household (e.g. professional, business or official) use. The main point to consider here is for producers to consider carefully where their EEE ends up at end of life i.e. within a business end user or with a consumer (household) end user. The default position when it is difficult to establish whether EEE should be classified as B2B or B2C is to classify them as B2C unless the producer can prove they are used in a Business End User environment e.g. relevant invoice.
The obligations of producers in relation to the EEE they put on the market for non-household use are in line with those which apply in respect of EEE sold to household users including the necessity to join an approved producer compliance scheme.
Producers on non household WEEE have an obligation in the following circumstances:
- Where the producer puts EEE onto the UK market for non household use after 13 August 2005, and when this is subsequently discarded as waste by a non household end user in the UK, the producer must finance the collection, treatment, recycling, recovery and environmentally sound disposal of this EEE when it is discarded as WEEE in the UK).
- Where the producer sells EEE during a compliance period to replace EEE for non-household use put on the market prior to 13th August 2005 (even if by another producer) the producer must finance the collection, treatment, recycling, recovery and environmentally sound disposal of this EEE when it is discarded as WEEE at that point by the non-household user.
The producer must (via its producer compliance scheme) report evidence to the appropriate environment agency to show that they have complied with the WEEE Regulations.
End user responsibilities for historic WEEE
If historic WEEE (i.e. WEEE placed on market before 13 August 2005) is not being replaced by new EEE serving an equivalent function, the end user is responsible for arranging and financing its collection and treatment themselves in accordance with the WEEE Regulations.
