The UK WEEE Regulations

capricioustelephoneUrban and Civil

Nov 16, 2013 (3 years and 10 months ago)

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The UK WEEE Regulations

What the legislation is proposing

What is the legislation intending

to achieve?



Changes to current behaviour to encourage
sustainable development


Preference for re
-
use or recycling of wastes


Intent to cut volumes of waste produced



“Polluter” pays


What is WEEE?


EEE = Electrical and Electronic Equipment


“equipment dependent on electric currents or
electromagnetic fields in order to work properly and
equipment for the generation, transfer and measurement
of such currents and fields…”


WEEE = Waste EEE


“"waste" means any substance or object which the
holder disposes of or is required to dispose of pursuant
to the provisions of national law”

Timeframe


The WEEE Directive was enacted 27
th

January 2003


Draft WEEE Regulations were released in the UK at the
end of July 2004


The final WEEE Regulations were due to be released by
August 2004


this is running late


now expected to be
March/April 2005 at the earliest.


The financing and operations should commence on the
13
th

August 2005 but will probably start January 2006


Germany, Austria and Denmark will start in January 2006

Definitions


The
Producer


Person who manufactures/sells own brand EEE


Person who resells under his brand others’ EEE


Imports/(Exports) EEE into a member state



The
Distance Seller


Anyone that sells into the UK from abroad without
another legal party taking legal ownership


Are deemed the “Producer” and have to register and
have annual obligations under the WEEE Regs


If not registered, will not (theoretically) be permitted to
trade


Supplies into Europe


A UK manufacturer selling into Europe via an importer has
no obligations (but is still defined as a Producer under UK
law)


A UK manufacturer selling into Europe direct to an end user
does have obligations.


An EU manufacturer selling to a UK distributor has no
obligations


A non
-
EU manufacturer selling into Europe via a subsidiary
or distributor has no obligations (the importer is the
Producer)


A non
-
EU manufacturer selling into Europe direct to an end
user has no obligations.



Definitions


Treatment



“any activity after the WEEE has been
handed over to a facility for depollution,
disassembly, shredding, recovery or preparation for
disposal and any other operation carried out for the
recovery and/or disposal of the WEEE”



Authorised Treatment Facility

(ATF)


one that
has received authorisation under either the Waste
Management Licencing Legislation or the
proposed/delayed DEFRA’s permitting approach

The 10 Categories


The category listing is only indicative


not
definitive.



WEEE legislation only applies to separately
collected WEEE


it
does not

apply to WEEE
collected in the general refuse stream.



If the end user decides to throw the WEEE
away
-

you have no obligations

But concerning the separately
collected WEEE


Producers have the financial responsibility
covering collection, pre
-
treatment, treatment,
storage, recovery, reuse, environmentally sound
disposal of items not recovered and/or reused, as
well as achieving the recycling targets (along
with financing R&D / market development if
necessary).


Legislation Components

Part IV


Producer Obligations

§
16


Registration


Provision of/for the treatment and recovery of WEEE


To furnish a Certificate of Compliance


§
17

Compliance scheme can take on these responsibilities

Legislation Components

Part V


Registration

Whether carried out through a scheme or not, currently
requires information on the categories, quantities and
weight of EEE that the company ‘places on the market’ in a
given year.


This data is to be registered by 12
th

August 2005 (and annually
on 31
st

January after 2007)


the original registration date
will probably be postponed by 4 months.



Legislation Components

Part VII


Financing
----

Historic

Business to Business





Waste


If the product was originally ‘placed on the market’ BEFORE
13
th

August 2005 AND is generated as WEEE being
replaced by an item with similar function:

Then the Producer must pay for the collection, recovery, reuse,
recycling, and for the meeting of the targets and provision
of documentary evidence that this has occurred


unless the
user wishes to do so.


Otherwise the responsibility remains with the user.

Legislation Components

Part VII


Financing contd.


If the product was ‘placed on the market’ AFTER 13
th

August 2005 and subsequently appears as WEEE:


Then the Producer must pay for the collection, recovery,
reuse, recycling, and for the meeting of the targets and
provision of documentary evidence that this has occurred


unless agreements are reached that the user pays


regardless of the supply of new product.

Legislation Components

Part VIII


Recovery


Category 8 (Medical Devices)


no targets


Category 9 (Monitoring & Control Devices)


>70% recovery by weight


>50% reuse & recycling by weight


Category 3 (IT & Telecoms Equipment)


>75% recovery by weight


>65% reuse & recycling by weight

Legislation Components

Part IX


Information


Producers must, for all products ‘placed on the
market’ after 13
th

August 2005, mark their products
with the WEEE symbol and a company identifier


Producers must provide information on the
components and materials in new EEE to
recovery/reuse operations

Definitions (non
-
legal)


Collection

= physical removal from location where they were determined to be no
longer required (ie therefore a waste) and transfer to a treatment location of some
description.


Recovery

= some process (as defined in the previous list) whereby some form of
benefit is obtained


in terms of energy generation or material flow generation


Reuse

= to reintroduce the item back into circulation to perform the same or different
task but without any modification requirements


Disassembly

= a treatment that is effectively the reverse of a manufacturing process,
where each component is separated from the others


Recycling

= taking the disassembled materials and treating them further (as required)
to create raw material that can then be reintroduced into the start of the manufacturing
process of new and/or different items.


Disposal

= for those components or part components that are incapable of being
recycled/reused/recovered and are to be “got rid of”


usually to landfill or
incineration. NB Incineration with energy recovery is “Recovery” but is not
“Recycling” or “Disposal”. The incinerator ashes (sent to landfill usually on one form
or another) are classified as “Disposal”

Legal Implications


The Regulations are complex and still evolving



Some issues will never be resolved until there is a legal
challenge


then it will be down to the judgement of the
courts.



As with the Packaging Waste Regulations, it is expected that
over 90% of companies will meet their obligations through
joining a Compliance Scheme

The Scope of the WEEE Directive

What Electrical and Electronic Equipment (EEE) is

included in the obligations under the Directive?


Originally the European Commission (COM) identified

primarily household consumer products


But WEEE from Business Users was later added to the

categories to be addressed by this European Environmental

Directive.


Article 175


This article of the treaty allows Member States
(MS) to vary the scope of the Directive, by their
national regulations



Ten Categories



Most categories easy to identify equipment that
fits within

The three main Categories for our
industry



Cat 9 Monitoring and Control Instruments



Cat 8 Medical Devices (equipment)



Cat 3 IT and Telecommunication







equipment (related to cat. 8&9)




Indicative listing of equipment
-------

Category 9


Monitoring and Control





instruments


Smoke detectors


Heating regulators


Thermostats


Measuring, weighing or adjusting appliances for household
or as laboratory equipment


Other monitoring and control instruments used in
industrial installations ( e.g. in control panels)

Category 8


Medical Devices


Radiotherapy equipment


Cardiology


Dialysis


Pulmonary ventilators


Nuclear Medicine


Laboratory equipment for in
-
vitro diagnosis


Analysers


Freezers


Fertilization tests


Other appliances for detecting, preventing, monitoring, treating,


Category 3


IT and
Telecommunication equipment







An abbreviated list of relevant equipment


Centralised data processing, minicomputers


Laptop computers (CPU, mouse, screen and keyboard)


Printers and other products and equipment for the
collection, storage, processing, presenting or
communication of information by electronic means


And other products or equipment for transmitting sound or
other information by telecommunications

Several statements make the ‘Scope
issue’ confusing


Exemption for ‘large scale industrial tools/equipment’



Large
-
scale stationary industrial tool:


Machine or system, consisting of a combination of
equipments, systems, finished products and/or
components, (parts), manufactured to be used in industry
only, permanently fixed and installed by professionals at a
given place in an industrial machinery or in an industrial
building to perform a specific task.




Exemption for

items which are
electrical and electronic equipment
that are part of another type of
equipment or a fixed installation



Equipment which is part of another type of equipment or
system is considered to be outside the scope of the
Regulations where it does not have a direct function
outside the other item of equipment (e.g. a car radio).

Exemption for items which are electrical
and electronic equipment that are part of
another type of equipment or a fixed
installation



Equipment may also be part of fixed installation. A “fixed
installation” may be a combination of several pieces of
equipment, systems, products and/or components (parts)
assembled and/or erected by a professional assembler or
installer at a given place to operate together in an expected
environment and to perform a specific task. In such a case,
elements of a system which are not identifiable as
electrical and electronic equipment in their own right or
that do not have a direct function away from the
installation are excluded from the scope of the Regulations.

Routes to resolve the confusion


Technical and/or political


GAMBICA membership Task Force Group


Position papers to UK Gov. DTI


Position papers to European trade federation


Orgalime, route to European Commission, Council and
Parliament.




GAMBICA Task Force Members

ABB





Legrand

Aeroflex International



Megger

Alstom





Mitsubishi Electric

Beckman Coulter




Moeller Electric

Bibby
-

Sterilin




MTL Instruments

Carbolite




Rockwell Automation

Cecil Instruments




Saftronics

Control Techniques



Schneider Electric

Delta Controls




Seaward Electronics

Electrothermal




Siemens Process Autom.

Emerson Process Man.



Solartoron Mobrey

Fluke UK




Switchgear & Instrument.

Honeywell




Thermo Elemental

Instron

DTI draft Guidance WEEE
Document



Fifty pages


DTI’s attempt to make the Directive sensible and
understood


Includes a ‘decision tree’ procedure to assist in
identifying equipment ‘in’ scope and equipment
‘out’ of scope

“GAMBICA Decision Tree” for WEEE scope determination

Is it electrical or electronic equipment?

Draft Regulation 2: definition

Yes

Less than 1000 V a.c. or 1500 V d.c.?

Draft Regulation 2: definition

Yes

Is it part of an equipment that is not within the 10

Categories of draft regs Schedule 1?

Draft Regulation 5(1)(a)

No

Is it a Large
-
scale stationary industrial tool?

Draft Regulation Schedule 1 & DTI Guidance, paragraph 14

No

No

Yes

No

Yes

Not Covered

Not Covered

Not Covered

Not Covered

Examples


Products for automotive,

aircraft or shipboard use





Industrial robots; multi
-
axis

machining centres; industrial

measurement & monitoring


platforms


(e.g. for pulp & paper)




No

Is it part of another type of equipment or system,

Not having a direct function out that

equipment or system?

DTI Guidance, paragraph 18

No

Is it part of a fixed installation, not having a direct

function outside that installation?

DTI Guidance, paragraph 19

No

Is it in one of the 10 Categories?

Yes

Yes

Yes

Yes

3


IT and Telecom


equipment

8

Medical

devices

9

Monitoring and

Control Instruments

1. Large household appliances

2. Small household appliances

4. Consumer equipment

5. Lighting equipment

6. Electrical & electronic tools

7. Toys, leisure and sports equipment

10. Automatic dispensers

Covered by Scope of WEEE Directive

Examples
Cat.3:

-

pcs

-

printers

Examples Cat.8:

Laboratory Equipment


for In
-
Vitro Diagnostics:

-

clinical analysers,

-

blood gas analysers,


Examples Cat. 9:


Portable Measuring Instruments and Displays: General Laboratory Equipment


-

oscilloscopes, data recorders, chart recorders

-
shakers, stirrers, temp.control cabinets

Laboratory Analytical Equipment:


centrifuges

-

spectrophotometers, pH meters, chromatographs



Yes

Yes

No

Not Covered

Not Covered

Not Covered




















Sensors & transducers for,

e.g., pressure, flow and

temperature measurement;

electric motors



Transformers; variable speed

motor drives; switchgear &

controlgear products;

protection relays and related

products; programmable

controllers; sensors and

transducers; electric motors


The players


Manufacturers, importers, distributors


Trade Associations, National
-

e.g. GAMBICA






European
-

Orgalime



For UK
---

DTI/DEFRA/EA


24 other Member States


European Commission, Council, Parliament


European Court of Justice

Information Requirements


Producers to respond to requests for information to assist
with the reuse, recycling and recovery of types of new
equipment.



Producers can decide how to make available


this information, e.g. labels, website etc

Marking obligations


Equipment put on UK market after
13 August 2005


-

marked with the crossed out wheeled bin symbol


-

indication of put on market after
13 August 2005



( i.e. not historic waste)


-

identify producer e.g brand name, company registration

number or other unique reference


-

obligated equipment which is not marked with the

crossed out wheeled bin symbol is deemed


historic

waste



CENELEC standard ( BSEN 50419), published

in
January 2005)
















Symbol for the marking of electrical
and electronic equipment


The symbol indicating separate collection for electrical and
electronic equipment consists of the crossed
-
out wheeled
bin, as shown below. The symbol must be printed visibly,
legibly and indelibly.


2


In accordance with EN 50419


Date codes (if coded) shall be
made available to treatment
facilities.

1


In accordance with EN 50419


No date code is required.

GERMANY

UK

BELGIUM

20041119ABC

+

yes

yes

yes

yes

yes

yes

Put on the market


Approach taken from the European Commission’s Guide


(blue book)



-

“ the initial action of making a product available for the first
time on the Community market, with a view to distribution
or use …. either for payment or for free”



WEEE



Challenges & Solutions




Services to industry


A number of companies in the waste sector
have or will be offering their services.


These services may be in the form of a
direct cost per tonne of category of WEEE


Some may offer a compliance scheme


You need to consider which suits your
company’s needs

Some of the commercial parties


REPIC scheme


for Consumer products


Valpak


www.valpak.co.uk


Biffa


www.biffa.co.uk


Cleanaway

www.cleanaway.com


Riduk


www.getrid.uk.com


EMR


www.emrltd.com



and others ……


Complying with the legislation



Complexities of B to B WEEE not anticipated by EU
politicians driving forward consumer
-
focused sustainability
issues



B to B captured by legislation


but soft touch by DTI



Opportunity for industry to develop its own solutions



GAMBICA Taskforce has addressed ‘upstream’ issues



A parallel 18 month programme has addressed ‘downstream’ issues


Related issues



Disposal to landfill becoming increasingly expensive



End users will want to avoid costs and reporting responsibilities



Individual pressure could be applied to Producers regardless of
§
26 provisions (aka Article 9 of the Directive)

From EEE to WEEE



The value will be negative



EEE industry
-

detailed, precise, high value products and systems



When one of your products becomes WEEE forget:

How sophisticated it was

What proportion consisted of electrical/electronic items

How expensive it was

What its function was



It now becomes a collection of scrap materials which happen to
be attached to each other


weighed by the tonne


The waste industry is the opposite



The product may be specified and ordered ‘upstairs’



WEEE is disposed of ‘downstairs’

Preventing Operator Exploitation



The lessons of the packaging regulations…

Average compliance costs £15/25,000



The critical mass of a collective approach should force
competition amongst operators


logistics, pre
-
treatment, treatment



Scheme operators should have experience and knowledge of the
waste industry
and

Producer Responsibility


but be EEE industry
-
led



B to B sector requirements are totally different from
consumer sector

Avoiding excessive costs



Focused industry
-
led sectorial approach



Forcing competition amongst Operators



Low overheads



Not
-
for
-
profit and efficiency led



Critical mass of the collective approach



Non
-
obligated WEEE collected
-

but no cost to scheme
members



No vested interests in operations

Achieving Targets


This is beyond the means of any individual Producer


but
Producers will have to show that they have achieved the targets



To achieve recycling targets, Producers may need to influence
the development of markets for recyclate


There may have to be investment in R & D, negotiations with
‘recyclers’, exploration of new markets


particularly on
polymers



The Scheme will take on these responsibilities


its members
sharing the collective cost


The use/acceptance of protocols will reduce costs

B2B Compliance

An initiative of GAMBICA, announced in September 2004,
and follows two years’ exploration of a potential business
-
to
-

business collective approach

GAMBICA is the major national trade association for
industries involved in


Instrumentation


Control


Automation


Laboratory technology

GAMBICA has over 200 members (the sector has a
combined turnover in excess of £6 billion)

B2B Compliance



Membership will be open to both members and non
-
members
of GAMBICA


GAMBICA B2B Compliance Ltd is a not
-
for
-
profit company


Focusing on categories 8 & 9 and related IT (cat 3)



It will register a scheme called B2B Compliance

Collective Compliance

(
Producer only interfaces with the Collective)

B2B

Compliance

Shredders

(raw

material

preparation)

Government &

Regulator

Wholesalers


Producer

End Users

Dismantlers

Logistics

End market uses

B2B Compliance

The next steps…



The WEEE Regulations are in the final stages of their
preparation. Even when published their interpretation will
be an ongoing discussion between industry and
Government.









Pragmatism and the law


The use of Protocols


B2B operations and the National Clearing House


Targets for Category 8?


Evolution of the Regulations


Future interpretations of the Directive?


B2B Compliance

Europe


B2B Compliance has applied to join a network of European
industry
-
led not
-
for
-
profit schemes.


This will enable us to assist those who are distance sellers by
forming back
-
to
-
back relationships with other MS schemes
which have distance selling obligations


It will enable us, via the network, to advise your distributor
customers in other MS who, legally, are the Producers.


We can lobby with one common voice to achieve efficiencies and
pragmatic solutions

B2B Compliance

the next steps…

The Scheme will present its prospectus and invite
membership during 2005

Its charges will relate to:

1. A joining fee


will be based on UK sales turnover

2. A membership fee


will be based on number and

weight of products put on the market ( data

as required by law)



B2B Compliance


The Membership Fee

Relates to the first compliance period

For budgeting purposes only

Payable quarterly in advance

Preliminary reconciliation in the final quarter

Includes all administrative and management costs

Includes all operational costs

Be aware (and beware)



A ‘Compliance Scheme’ cannot formally recruit
members until the scheme is registered with HMG



A scheme cannot apply to be registered until
after

the
regulations are published



The regulations are running late



Various waste operators are offering ‘pre
-
compliance’
schemes (focused on consumer products) at a cost
-

these
are appear to be simply ‘newsgroups’.

GAMBICA

www.gambica.org.uk


B2B Compliance

www.b2bcompliance.org.uk

Created by industry for industry