Ronan Rafferty (MCIPS) WEEE Directives (EAUC Seminar, University of Edinburgh, July 11th 2007) Executive Summary Ronan Rafferty (MCIPS) Purchasing Section University of Ulster

Aims Summarise the key points of the WEEE Regulations 2006 legislation. Highlight potential challenges and risks of a fundamentally changed landscape. Explore case studies evidence showing how other HE institutions are planning to tackle the issue. Hopefully provide the building blocks of a process which will enable the University to fully comply with the legislation.

WEEE MAN

What is the new WEEE legislation ? The Waste Electrical & Electronic Equipment Regulations 2006 (EU WEEE Directive Transposed into UK Law)

A “good” EU Directive ! Waste Electrical and Electronic Equipment (WEEE) Directive (2002/96/EC) & Restriction of Hazardous Substances in Electrical and Electronic Equipment (2002/95/EC) Implemented by the Restriction of the Use of Certain Hazardous Substances in Electrical and Electronic Equipment Regulations 2006

Main Players Government – DTi (responsible for implementation) DEFRA (approving authorised treatment facilities only) Environment Agency / SEPA / EHS (regulating compliance schemes) Businesses – producers and end users ‘Compliance Schemes’ Retailers Local Authorities

Guidance Regulations finally came into force on 2nd January 2007 Producer responsibility began 1st July 2007 Guidance available on DTi website

Why are (WEEE) Regulations 2006 Important? As of 1st July 2007 any organisation that buys or disposes of Electrical or Electronic Equipment (EEE) such as; IT, audio-visual, white goods or laboratory instrumentation must be in full compliance with the legislation. Legislation places responsibilities on institutions in relation to the recovery and recycling of all WEEE equipment. WEEE legislation raises issues concerning contract negotiations for the supply of new electrical and electronic equipment in terms of who takes responsibility for financing recovery and recycling.

Scope All equipment dependent on electrical currents or electromagnetic fields. 10 indicative categories * : Large household Small household IT and telecommunications Consumer equipment Lighting equipment Electrical and electronic tools Toys leisure & sports Medical devices Monitoring equipment Automatic dispensers A non-exhaustive list of examples is also given in Schedule II of the Regulations at http://www.opsi.gov.uk/si/ si2006/20063289.htm#sch2.

Specific Exemptions Exemptions: Also: National security / military equipment Stationary industrial tools Luminaries in households Implanted or infected medical products EEE that forms part of equipment that is not in scope Filament light bulbs and household luminaries (note that these are NOT exempt from RoHS) Also: Main power source must be electricity Electricity needed for primary function Not part of another type of equipment or fixed installation

DTi Guidance - Scope

Producers and End-Users - The legislation makes producers of electrical and electronic equipment responsible for the financing of the recovery and recycling of such equipment at the end of life. - From 1st July 2007, in certain circumstances, the regulations also place responsibilities on end-users of WEEE to be responsible for the recovery and recycling of this equipment when it becomes waste.

Business User Obligations Business users will be responsible for some historic waste What is Historical Waste? Waste products placed on the market before 13 August 2005 Historical WEEE (placed on the market before 13 Aug 2005) If no like for like replacement the end business user is responsible for disposal costs If like for like replacement of equipment – supplier (producer) responsible New Business WEEE (placed on the market after 13 Aug 2005) Producer responsible, unless otherwise agreed with business user

Challenges Do your purchasing systems allow you to trace back when equipment was purchased and from whom? Determining when something was ‘placed in the market’ is likely to be problematic Contacting / identifying historical suppliers to take away your historical waste may be problematic Identifying ‘the Producer’

‘Like for Like’ Fulfils the same function Need not be identical in all respects Take account of technological developments and improvements in functionality Common sense / practical approach Acceptable examples: VCR – DVD, walkman / iPod Unacceptable examples: TV – drill, washing machine - kettle

Duty of Care Amendments under the Duty of Care have been recently consulted upon Business users would have to keep proof to demonstrate that one off consignments of WEEE have been disposed of to an accredited re-processor Practical considerations: Segregating WEEE from the main waste stream Separating WEEE which is your responsibility and a producer / suppliers responsibility

Third Sector (Charities) If the equipment is still functional it is not waste and can therefore be given to charities ? Compliance Schemes encouraged to use charities and state how they will encourage the re-use of whole appliances in their applications

End Users Beware! The Regulations allow suppliers (producers) to negotiate alternative financing arrangements This will be a commercial decision and should form part of the supply contract negotiating process Some (unscrupulous!) producers may try and discharge their recycling obligation by writing into supply contracts that their customer is responsible for re-cycling WEEE at the end of its life Contracts must be negotiated carefully Purchasing Staff need to be made aware

Summary – 4 scenarios to plan for WEEE purchased before Aug 2005 that you are not replacing with like for like equipment WEEE purchased before Aug 2005 that you are replacing with like for like equipment WEEE purchased after Aug 2005 that you are not replacing with like for like equipment Negotiations with suppliers for EEE purchased in the future

1. WEEE purchased before Aug 2005 that you are not replacing with like for like equipment Your responsibility Compliance schemes can be used for one off collections of WEEE (or contact AATF directly) Many compliance schemes registered with the EA and specialise in different types of waste / different commercial situations Find the most appropriate scheme for you (cost / evidence of proper disposal / IT equipment – confidentiality / destruction of sensitive data) Retain evidence of appropriate disposal via Duty of Care

2. WEEE purchased before Aug 2005 that you are replacing with like for like equipment Producer (new supplier) is responsible, regardless of whether they supplied you with the original equipment Contact new supplier and arrange collection of waste as well as delivery of new like-for-like equipment

3. WEEE purchased after Aug 2005 that you are not replacing Original producer (supplier) is responsible regardless of whether a like for like replacement is taking place Contact supplier and arrange collection (may need to get this information via your distributor) NB: Determining when something was ‘placed on the market’ may cause problems – in these situations, for practical purposes, establishments may want to make the executive decision to dispose of all historical EEE themselves, particularly given that many compliance schemes will collect free of charge

4. Future purchasing of EEE Ensure you address the issue of disposal of the equipment at end of life is included in the contract Can be used as an additional negotiating tool Ensure producers do not try and discharge end of life disposal obligations to you in the small print Ensure purchasing systems are set up to record dates of purchase and supplier information

Main points Possible producer obligations Register with a compliance scheme if necessary Main obligation as business user Establishing internal systems for understanding when waste electrical equipment was purchased Negotiating supply contracts for future supplies One-off collections using a compliance scheme / AATF Separation / storage of WEEE Obtain evidence of correct disposal

Case Study 1 (University of Glasgow) The sheer scale of the challenge Lack of awareness & understanding Purchasing and Legal requirements Asset tracking and record keeping Disposal Complexity – large No. of people, depts & budgets The huge no. of items. Geographical/physical issues The culture The range of activities

Step 1 - Addressing awareness & understanding (University of Glasgow) Legal requirements Duty of Care training Selection and audit of contractors for disposal Encourage use of existing approved contractors

Step 2 - Addressing administrative & management issues (University of Glasgow) Encourage linking to PAT and assets register databases. Utilise Agresso financial records Educate departments on retention of Transfer Notes. Periodic audit of departments.

Step 3 – Addressing Disposal (University of Glasgow) Uplifts from each department and building Environmental and sustainability issues a high priority. The issue of charities Costs associated with these small uncoordinated uplifts

Step 3 – Addressing Disposal (University of Glasgow) Disposal of highly specialist equipment on a case by case basis initially Review disposal quantities and costs after ~18 months Tender for framework agreement for disposals

Case Study 2 (University of Exeter) PROCUREMENT INFLUENCES:- Communication Waste Matters – Environmental Seminar Sustainability Committees’ Appointment of Sustainability Adviser WEEE ‘round-up’s’ (2006) Tender clause Contract Waste / Recycling Solution

OBJECTIVES (Exeter) WEEE Audit Partnering Arrangements Reduction in Carbon Footprint / Co2 emissions Advantages / Quick Wins Lease / Rental IT Equipment UoP Procurement Strategy of how we intend or propose to comply with the WEEE Regulations

Case Study 3 (University of Edinburgh) Objectives:- To make the purchasers and end users of equipment aware of the WEEE Directive and of our responsibilities and challenges To ensure that the suppliers who deliver to the University have registered with a scheme (e.g. Valpak) - only 30% done so to date To ensure that WEEE is disposed of at the lowest cost to the University whilst conforming to DoC / good practice

Our Challenges Awareness of users/purchasers No common inventory of items under £25k Unauthorised / unregistered equipment Unauthorised disposal methods (skip, charities) Disposal costs (who? / when?) Quantity and variety of WEEE Details of compliance schemes geographical and space constraints

FAQ’s

FAQ’s (2) level.

FAQ (3)

Further Information

Thank you for your attention Any questions? r.rafferty@ulster.ac.uk (ext 24239) For further information please see: http://www.ulster.ac.uk/purchasing/