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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”
• The WEEE Directive was enacted 27th 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
  13th August 2005 but will probably start January 2006
• Germany, Austria and Denmark will start in January 2006
• 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
           Supplies into Europe
• A UK manufacturer selling into Europe via an importer has
  no obligations (but is still defined as a Producer under UK
• A UK manufacturer selling into Europe direct to an end user
  does have obligations.
• An EU manufacturer selling to a UK distributor has no
• A non-EU manufacturer selling into Europe via a subsidiary
  or distributor has no obligations (the importer is the
• A non-EU manufacturer selling into Europe direct to an end
  user has no obligations.
• 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

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
        Legislation Components
Part IV – Producer Obligations
• Registration
• Provision of/for the treatment and recovery of WEEE
• To furnish a Certificate of Compliance

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 12th August 2005 (and annually
  on 31st January after 2007) – the original registration date
  will probably be postponed by 4 months.
        Legislation Components
Part VII – Financing ---- Historic Business to Business
If the product was originally „placed on the market‟ BEFORE
    13th 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 13th
    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 13th 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
•   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

• 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
                   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
• 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
• 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
• 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
        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
       DTI draft Guidance WEEE
• Fifty pages
• DTI‟s attempt to make the Directive sensible and
• 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            No     Not Covered


             Less than 1000 V a.c. or 1500 V d.c.?           No     Not Covered
                 Draft Regulation 2: definition

                                                                                   Products for automotive,
     Is it part of an equipment that is not within the 10    Yes    Not Covered    aircraft or shipboard use
            Categories of draft regs Schedule 1?
                     Draft Regulation 5(1)(a)

                              No                                                   Industrial robots; multi-axis
                                                                                   machining centres; industrial
        Is it a Large-scale stationary industrial tool?
                                                              Yes    Not Covered   measurement & monitoring
  Draft Regulation Schedule 1 & DTI Guidance, paragraph 14                          platforms
                                                                                    (e.g. for pulp & paper)


     Is it part of another type of equipment or system,
                                                                                                  Not Covered       Sensors & transducers for,
             Not having a direct function out that                                   Yes
                                                                                                                    e.g., pressure, flow and
                    equipment or system?
                                                                                                                    temperature measurement;
                   DTI Guidance, paragraph 18
                                                                                                                    electric motors

                              No                                                                                    Transformers; variable speed
                                                                                                                    motor drives; switchgear &
      Is it part of a fixed installation, not having a direct                                                       controlgear products;
                                                                                     Yes          Not Covered
               function outside that installation?                                                                  protection relays and related
                    DTI Guidance, paragraph 19                                                                      products; programmable
                                                                                                                    controllers; sensors and
                                                                                                                    transducers; electric motors


                                                                                      No          Not Covered
                   Is it in one of the 10 Categories?

     Yes              Yes                  Yes                     Yes

       3               8                       9              1. Large household appliances
IT and Telecom      Medical            Monitoring and         2. Small household appliances
   equipment        devices          Control Instruments      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. 9:
Examples     Examples Cat.8:
                                                 Portable Measuring Instruments and Displays:      General Laboratory Equipment
Cat.3:       Laboratory Equipment
                                                  - oscilloscopes, data recorders, chart recorders          -shakers, stirrers, temp.control cabinets
- pcs         for In-Vitro Diagnostics:
                                                 Laboratory Analytical Equipment:                           centrifuges
- printers   - clinical analysers,
                                                 - spectrophotometers, pH meters, chromatographs
             - blood gas analysers,
                  The players

• Manufacturers, importers, distributors
• Trade Associations, National - e.g. GAMBICA
                        European - Orgalime
• 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

• 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
   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.
                      UK    GERMANY   BELGIUM

                                                • In accordance with EN 50419
                                                • No date code is required.
                      yes    yes      yes

                                                • In accordance with EN 50419

2   +   20041119ABC
                      yes    yes      yes
                                                • Date codes (if coded) shall be
                                                  made available to treatment
                 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”

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
•   Biffa
•   Cleanaway
•   Riduk
•   EMR
•   and others ……
       Complying with the legislation
• Complexities of B to B WEEE not anticipated by EU
politicians driving forward consumer-focused sustainability

• 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
• EEE industry - detailed, precise, high value products and systems
•The waste industry is the opposite
• The product may be specified and ordered „upstairs‟
• WEEE is disposed of „downstairs‟
• 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 value will be negative
    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
• Forcing competition amongst Operators
• Critical mass of the collective approach

• Non-obligated WEEE collected - but no cost to scheme

• Focused industry-led sectorial approach

• Not-for-profit and efficiency led
• No vested interests in operations
• Low overheads
                Achieving Targets
• To achieve recycling targets, Producers may need to influence
the development of markets for recyclate

•This is beyond the means of any individual Producer – but
Producers will have to show that they have achieved the targets

•There may have to be investment in R & D, negotiations with
„recyclers‟, exploration of new markets – particularly on

•The use/acceptance of protocols will reduce costs

• The Scheme will take on these responsibilities – its members
sharing the collective cost
                 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
   •Laboratory technology

GAMBICA has over 200 members (the sector has a
combined turnover in excess of £6 billion)
                 B2B Compliance

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

• It will register a scheme called B2B Compliance

• Membership will be open to both members and non-members

•Focusing on categories 8 & 9 and related IT (cat 3)
              Collective Compliance
(Producer only interfaces with the Collective)

                                      Government &

                    Compliance           End market uses
 End Users

       Logistics                     material
                     Dismantlers   preparation)
             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

–   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
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

Includes all administrative and management costs
Includes all operational costs

Payable quarterly in advance

Preliminary reconciliation in the final quarter
For budgeting purposes only
            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‟.

       B2B Compliance
Created by industry for industry

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