SWWMG – 12 th March 2014 The WEEE Regulations 2013

Waste Electrical and Electronic Equipment (2002 Directive – replaced in sets of regulations in 2006 and amendments in 2007 and Complete re-write 2013 – came into force on 1 January 2014) The WEEE Directive controls the disposal, recovery and reuse of WEEE

Why a WEEE Directive? As the market continues to expand and innovation cycles become even shorter, the replacement of equipment accelerates, making EEE a fast-growing source of waste. While Directive 2002/95/EC has contributed effectively to reducing hazardous substances contained in new EEE, hazardous substances such as mercury, cadmium, lead, hexavalent chromium and polychlorinated biphenyls (PCBs) and ozone-depleting substances will still be present in WEEE for many years. The content of hazardous components in EEE is a major concern during the waste management phase, and recycling of WEEE is not undertaken to a sufficient extent. A lack of recycling results in the loss of valuable resources. From the Directive:

WEEE Recast Existing Directive (2002/96/EU) has applied since 13 August 2005 WEEE Recast – 4 th July 2012 (2012/19/EU): new WEEE Regulations from January 2014 The main changes in the Directive are: scope and scope exclusions, new member state collection target, higher recovery, reuse and recycling targets, illegal shipments and new distributor/retailer obligations

WEEE Regulations Scope From 1 January 2014 photovoltaic panels are included in Category 4 (Consumer equipment and photovoltaic panels) - these are to be reported separately as Category 14. From 1 January 2019 the scope is widened to include all EEE unless specifically excluded LEDS will now be reported under Category 13. From January 2019 the categories of EEE will change so that all EEE falls into one of six categories (Schedule 3)

Main changes to the WEEE Regulations: De minimis and small producer registration: <5t/pa of EEE producer can register with the EA rather than join a scheme. This will costs £30 and there will be no obligation to finance the collection/treatment of any B2C WEEE. Small producers will however still have to finance the collection/treatment of B2B WEEE. Deadline for registration 31 st January 2014 based on EEE placed on the market during A small producer must join a PCS within 28 days of placing more than 5t of EEE on the market in any compliance period. Producer obligations for household EEE will now be based on EEE placed on the market in the previous compliance year (calendar year). Targets will be set by BIS for the PCS by 31/3/14 for the 2014 compliance period.

Changes to the WEEE Regulations 2013 LAs can choose to self clear any of the 6 waste streams (A-F - F being a new waste stream: PV panels) from their DCFs rather than hand that WEEE over to a PCS. The LA can then retain any income from handing this WEEE over to an AATF/AE. LAs must inform BIS of their intention to self clear by 31 st January in each compliance year. Evidence notes cannot be issued by an AATF/AE on WEEE received from a LA that has chosen to self clear their WEEE and AATFs must report quarterly on what WEEE they have treated directly on behalf of DCFs. Compliance Fee: schemes that fail to obtain enough evidence to meet their obligation can choose to pay a compliance fee as a way of meeting their obligation.

Changes to the WEEE Regulations 2013 New Distributor Obligations – take back of very small WEEE. Distributors who supply new EEE from a retail premises with a sales area relating to EEE of at least 400m2 (to include aisle, shelving and product display areas) to take back very small WEEE FOC to end users and with no obligation to buy EEE of an equivalent type. Very small WEEE means with no external dimension more than 25cm. Distributors are exempt from the requirement to take back very small WEEE where an assessment shows that an alternative existing collection scheme is likely to be at least as effective. A distributor who wishes to use an existing facility is required to submit an application to BIS on or before 1 November in the year immediately prior to that in which the exemption is intended to apply. Enforced by the VCA

Removal of operational Plans from schemes Offences on individuals It is now an offence for a small AATF or AE who go over the 400t evidence threshold to not pay the upgrade fee within 28 days of going over. Independent Audit Reports have been removed. An extra schedule (schedule 9) has been added to the regulations detailing minimum requirements for shipments of used EEE suspected to be WEEE. This requires exporters to demonstrate that every item of UEEE being exported has been tested and is fully functional. Changes to the WEEE Regulations 2013

Thank You Tessa Bowering Senior Environment officer Direct dial: