Guiding You the Way of WEEE...
It is over a year since the Waste Electrical and Electronic Equipment (WEEE) Regulations came into force, and thousands of businesses that import, rebrand or manufacture electrical and electronic equipment have already registered with a WEEE compliance scheme. By financing the treatment and recycling of WEEE they are demonstrating that green issues are rising up the industry agenda and are making a real difference to the environment.
New research by the Environment Agency has revealed that 76 per cent of businesses questioned are aware of the WEEE Regulations and a clear majority also believe that disposal of electronic and electrical waste in the UK is a major problem.
However, despite high awareness levels, some electrical producers have failed to register with a compliance scheme – meaning that they are currently putting themselves at risk of being fined. The Environment Agency believes that this could be down to a misunderstanding of the WEEE Regulations and who they apply to.
So here, Electrical Products & Applications gives you a step-by-step guide to making sure you are on top of the WEEE Regulations:
1) Work out if you are a ‘producer’ under the WEEE Regulations
The WEEE Regulations put responsibility for disposal of electrical waste on to producers, once a product reaches the end of its life. If your business falls into the category of importer, rebrander or manufacturer, you are seen as a ‘producer’ under the WEEE Regulations – and are likely to have to register with a compliance scheme.
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 unless the overseas manufacturer has done so. 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.
2) Find out if you have to comply with the WEEE Regulations
If your product requires electricity for its main purpose then it’s likely to be covered by the regulations. Examples include photocopiers, computers, televisions, power tools and fluorescent lamps. There are a few exclusions, so check whether these may apply to you.
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 each
calendar 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 at www.environment-agency.gov.uk/weee
4) 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. Your compliance scheme should be able to advise you.
5) 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 has been a requirement in the UK since 1 April 2007.
For more information about the WEEE Regulations including a range of guidance and advice, visit www.environment-agency.gov.uk/weee or call the Environment Agency on 08708 506 506.
Meanwhile…
Not everyone is happy with the way the WEEE Directive is being handled, as EPA heard from Husky:
According to Husky, poor policing and a lack of certainty in its charging system are among a series of problems in a new EU Directive that affects UK importers of electrical or electronic goods.
The WEEE Directive aims to make producers of electrical and electronic equipment pay for its recycling, safe treatment and disposal when the products eventually come to the end of their useful life. All importers of such goods are obliged to register and submit the weight of goods they import at regular intervals. Each quarter, the importer receives a bill, representing a charge for the disposal/recycling of the goods in that period.
Husky Group Chief Executive Geoff Thomasson explains: “We welcome legislation and regulation that encourages an environmentally friendly approach to business, but it has to make sense and be fairly applied. The WEEE Directive fails on both counts at the moment.”
The Business-to-Business case is easily monitored as Husky already operates a disposal policy when a customer replaces their old machine with a new Husky unit. Its concern is the way the Directive affects the Business to Consumer sector – into which Husky sell its domestic range.
Geoff Thomasson continued: “The Directive is effectively a retrospective tax on importers, who are now paying for the disposal of products sold maybe 15 or 20 years ago by companies that may no longer exist. The Business-to-Business WEEE applies from August 2005 – everyone knows where they stand - but the Business to Consumer WEEE has no such starting point – liability is simply whenever the goods turn up at a disposal site.”
He pointed out that the charge is based on the company’s percentage of overall imported refrigeration product in a particular quarter which is unknown at the time of reporting. It is therefore impossible to determine within any certainty as to the amount of charge in that period. Also, as the amount is based on weight, refrigeration products are disadvantaged due to the fact that many higher-value products are lighter, but no less challenging to the environment.
“Moreover, we suspect that a sizeable minority of importers have yet to register and are therefore not paying the charges. Honest importers are effectively subsidising these companies. Although we support efforts towards environmentally friendly disposal, we are strongly opposed to the way the WEEE Directive has been implemented for Business to Consumer products – it is poorly thought out and ineffectively policed,” he said.
The impact of these issues has yet to be felt by ordinary customers - but they will, as these charges become more and more onerous for suppliers, retailers and other importers.”
Geoff Thomasson concluded: “Importers of electrical and electronic goods into the UK operate in a highly competitive, customer-led market. It’s tough enough without having this additional charge imposed by a government trying to be seen to be environmentally aware.”
Let EPA know what you think about the WEEE Directive by emailing epa@imlgroup.co.uk
Contact Details and Archive...