How the regulations regarding Waste Electrical and Electronic Equipment (WEEE) affect you

The purpose of the WEEE Directive is to introduce Producer responsibility for financing the treatment of waste and encourage reuse and recycling. Inevitably the new rules will introduce a new level of complexity and risk to disposal management.

Organisations find the management and disposal of used and surplus I.T. equipment is at best a distraction and at worst a legal, commercial and logistics nightmare. Collecting the equipment together, checking it, updating asset registers, wiping data from drives, organising a sale, arranging delivery, obtaining payment and providing a warranty – the list is seemingly endless.

If the equipment has no value a new set of problems arise as “ Duty of Care “ regulations, currently under government scrutiny with a view to strengthening, mean the owner’s responsibility does not end just because the equipment is taken away on the back of a truck. The Environment Agency and DEFRA will pursue the person who last used the equipment not just the person who carried out any illegal dumping.

The Directive covering Waste Electrical and Electronic Equipment (WEEE) passed into Recycle Used PC European law in February 2003 and member states were required to enact at national level by Recycle and reuse

August 2004 with full implementation by August 2005. Due to the complexities of the draft regulations UK implementation was delayed but eventually transposed into UK law in January 2007.

Manufacturers and importers (Producers) who place equipment on the market within the EU will be made responsible for financing the treatment of WEEE. There are some caveats around this statement (see below). Producers must register with the government and join a Compliance Scheme that will carry out their legal responsibilities for financing the handling of WEEE. All the arrangement must be in place by July 2007 although in the case of hazardous waste i.e. CRTs, Producers will be made to pay for treatment as from 1st April 2007.

A take-back scheme financed by the retail industry will manage the collecting together of WEEE from private householders either via in-store collection but mainly via local Civic Amenity sites around the country. These sites are known as Designated Collection Facilities (DCF). Compliance Schemes will then arrange to remove the WEEE from DCFs for further processing for reuse or recycling.

CRS is a member of the Valpak Distributor Take-Back scheme for consumers.

Distributor Take Back Scheme and Recycling

For information about how you may legally and safely dispose of electronic equipment please click HERE

The Directive requires significant differences between the handling of household and business waste.

The UK regulations recognise two types of WEEE from business and other organisations.

The regulations require Producers to finance the collection and processing of WEEE (But see get out clause below)

Users must pay for the disposal of equipment but if they are purchasing new equipment of a similar type (or substantially fulfilling the same function) the producer of the new equipment must take the WEEE away for processing. If the user wishes to retain control they may do so and this is advantageous when the old equipment still has value or there are concerns over security of data.

Having described different sorts of WEEE e.g. historic, and established who pays for disposal, the regulations go on to say that parties can, by agreement, make other arrangements for financing the disposal of WEEE i.e. the user pays.

Given that much electronic equipment such as computers is sold via dealers and distributors and not directly by the manufacturer there is the potential for substantial future confusion if the user has not kept detailed records of each transaction. Even if the user agrees that a dealer is responsible for disposal if at the appropriate time the dealer cannot be contacted the Producer may claim he passed on the responsibility at point of sale to the dealer. Under the circumstances some large business users are deciding to assume responsibility for disposal as standard policy (and no doubt using this as part of the commercial negotiations).

The range and level of detailed changes that the WEEE Directive demands have caused legal delays and a high degree of uncertainty as to how business organisations should manage future I.T. disposal activities.

The first and probably major decision to make is whether you are dealing with waste. This should be quite straightforward but will probably turn out to be very fertile ground for the legal profession. The final arbiter in any given situation will as a matter of law be the European Court but nobody in their right mind wants to travel that far. There is to date no definition in the regulations or accompanying guidance to help you to decide. It comes down to a matter of judgement influenced by such factors as,

The government’s approach has been that business users will know what to do when it comes to compliance i.e. organisations should know how to interpret the regulations and therefore do whatever is right. The DTI, Defra and the Environment Agency have all been involved in formulating various aspects of the new WEEE regulations and the separate “Duty of Care” code of practice arising from the Environmental Protection Act 1990 runs to sixty-six pages.

Given that courts can issue unlimited fines and individuals can be criminally prosecuted for transgressing the new regulations many organisations will feel uncertain and exposed on matters of compliance.

Movement of boxed new product through a distribution system is straightforward. Collection of unboxed used equipment is a different proposition. Inappropriate handling and transportation can destroy any residual value and in the case of CRT’s cause damage risking leakage of hazardous substances into the environment. New regulations require that equipment is handled in a way that will not prejudice re-use. De-installation and collection from a user’s desk is not a task for a standard courier service.

New permitting regulations require that WEEE will only be transported to a licensed ATF. These facilities will vary in type from those that specialise in refurbishment of whole appliances for reuse to companies with large shredding machines that focus on pure recycling. The Directive requires priority be given to reuse prior to re-processing or landfill. In all cases there are rules covering Best Available Treatment, Recovery and Recycling Techniques (BATRRT) that must be complied with by the ATFs.

ICER was established in anticipation of the WEEE Directive. ICER provides industry input to Government and has commissioned research projects on re-cycling. ICER has also implemented an accreditation scheme for re-furbishers and recycling organisations. The scheme aims through a programme of independent auditing to promote best practice and WEEE compliance.

At the end of the day the business user will be held accountable if it all goes pear shaped and WEEE is not managed correctly. Make your concrete plans now on how your organisation will be WEEE compliant

CRS in the UK was established in 1980 as part of the publicly listed Swiss group COS AG. In January 2001 we acquired Comdisco Direct, the UK asset disposal arm of a US leasing organisation, and in spring 2004 CRS was sold to its’ local management.

We now operate from a 10,000 sq ft facility in Milton Keynes from where we process and re-market or Crt monitors for recycling

dispose of thousands of systems each year. We hold ISO9001-2000 quality standard approval from the British Standards Institute.

Clients working with CRS can be confident that, in addition to receiving a competitive disposal service, they have a professional partner with expertise second to none.

If you have the problem we are here to help even if all you need is some free advice over the telephone. Call us

or e-mail us at info @ crs-uk.biz

If you are interested in receiving regular updates please feel free to subscribe to our quarterly newsletter or register free as a CRS solutions subscriber , and we’ll look after your WEEE responsibilities.

If you have a small quantity - a single Pc or Monitor at home to dispose of, the best option is to take it to your nearest Local Recycler, use the following link to find one near you.

Established 1980. Registered In England.
Company Registration 1494452 Vat GB 524 271957
Registered Office: 32 Clarke Road, Mount Farm Industrial Estate, Milton Keynes MK1 1LG



	Waste Electrical and Electronic Equipment (WEEE) The purpose of the WEEE Directive is to introduce Producer responsibility for financing the treatment of waste and encourage reuse and recycling. Inevitably the new rules will introduce a new level of complexity and risk to disposal management. Organisations find the management and disposal of used and surplus I.T. equipment is at best a distraction and at worst a legal, commercial and logistics nightmare. Collecting the equipment together, checking it, updating asset registers, wiping data from drives, organising a sale, arranging delivery, obtaining payment and providing a warranty – the list is seemingly endless. If the equipment has no value a new set of problems arise as “ Duty of Care “ regulations, currently under government scrutiny with a view to strengthening, mean the owner’s responsibility does not end just because the equipment is taken away on the back of a truck. The Environment Agency and DEFRA will pursue the person who last used the equipment not just the person who carried out any illegal dumping. The Directive covering Waste Electrical and Electronic Equipment (WEEE) passed into Recycle Used PC European law in February 2003 and member states were required to enact at national level by August 2004 with full implementation by August 2005. Due to the complexities of the draft regulations UK implementation was delayed but eventually transposed into UK law in January 2007. Manufacturers and importers (Producers) who place equipment on the market within the EU will be made responsible for financing the treatment of WEEE. There are some caveats around this statement (see below). Producers must register with the government and join a Compliance Scheme that will carry out their legal responsibilities for financing the handling of WEEE. All the arrangement must be in place by July 2007 although in the case of hazardous waste i.e. CRTs, Producers will be made to pay for treatment as from 1st April 2007. WEEE from private householders A take-back scheme financed by the retail industry will manage the collecting together of WEEE from private householders either via in-store collection but mainly via local Civic Amenity sites around the country. These sites are known as Designated Collection Facilities (DCF). Compliance Schemes will then arrange to remove the WEEE from DCFs for further processing for reuse or recycling. CRS is a member of the Valpak Distributor Take-Back scheme for consumers. For information about how you may legally and safely dispose of electronic equipment please click HERE WEEE other than from private householders The Directive requires significant differences between the handling of household and business waste. Who pays ? The UK regulations recognise two types of WEEE from business and other organisations. WEEE placed on the market after 13th August 2005 The regulations require Producers to finance the collection and processing of WEEE (But see get out clause below) WEEE placed on the market before 13th August 2005 Users must pay for the disposal of equipment but if they are purchasing new equipment of a similar type (or substantially fulfilling the same function) the producer of the new equipment must take the WEEE away for processing. If the user wishes to retain control they may do so and this is advantageous when the old equipment still has value or there are concerns over security of data. Get out clause Having described different sorts of WEEE e.g. historic, and established who pays for disposal, the regulations go on to say that parties can, by agreement, make other arrangements for financing the disposal of WEEE i.e. the user pays. Given that much electronic equipment such as computers is sold via dealers and distributors and not directly by the manufacturer there is the potential for substantial future confusion if the user has not kept detailed records of each transaction. Even if the user agrees that a dealer is responsible for disposal if at the appropriate time the dealer cannot be contacted the Producer may claim he passed on the responsibility at point of sale to the dealer. Under the circumstances some large business users are deciding to assume responsibility for disposal as standard policy (and no doubt using this as part of the commercial negotiations). The range and level of detailed changes that the WEEE Directive demands have caused legal delays and a high degree of uncertainty as to how business organisations should manage future I.T. disposal activities. Is it waste ? The first and probably major decision to make is whether you are dealing with waste. This should be quite straightforward but will probably turn out to be very fertile ground for the legal profession. The final arbiter in any given situation will as a matter of law be the European Court but nobody in their right mind wants to travel that far. There is to date no definition in the regulations or accompanying guidance to help you to decide. It comes down to a matter of judgement influenced by such factors as, Technology – even if it works has the equipment been overtaken by newer and cheaper Circuit boards technology. Market conditions – is there anyone prepared to buy it (but the Directive says something becomes waste if it is “discarded” and there are further definitions at European level that say a discarded item can still have value) Condition – is the equipment known to be fully functioning, complete and un-damaged. The government’s approach has been that business users will know what to do when it comes to compliance i.e. organisations should know how to interpret the regulations and therefore do whatever is right. The DTI, Defra and the Environment Agency have all been involved in formulating various aspects of the new WEEE regulations and the separate “Duty of Care” code of practice arising from the Environmental Protection Act 1990 runs to sixty-six pages. Given that courts can issue unlimited fines and individuals can be criminally prosecuted for transgressing the new regulations many organisations will feel uncertain and exposed on matters of compliance. And more… Logistics Movement of boxed new product through a distribution system is straightforward. Collection of unboxed used equipment is a different proposition. Inappropriate handling and transportation can destroy any residual value and in the case of CRT’s cause damage risking leakage of hazardous substances into the environment. New regulations require that equipment is handled in a way that will not prejudice re-use. De-installation and collection from a user’s desk is not a task for a standard courier service. Authorised Treatment Facility (ATF) New permitting regulations require that WEEE will only be transported to a licensed ATF. These facilities will vary in type from those that specialise in refurbishment of whole appliances for reuse to companies with large shredding machines that focus on pure recycling. The Directive requires priority be given to reuse prior to re-processing or landfill. In all cases there are rules covering Best Available Treatment, Recovery and Recycling Techniques (BATRRT) that must be complied with by the ATFs. Industry Council for Electronic Equipment Recycling (ICER) ICER was established in anticipation of the WEEE Directive. ICER provides industry input to Government and has commissioned research projects on re-cycling. ICER has also implemented an accreditation scheme for re-furbishers and recycling organisations. The scheme aims through a programme of independent auditing to promote best practice and WEEE compliance. Bottom line At the end of the day the business user will be held accountable if it all goes pear shaped and WEEE is not managed correctly. Make your concrete plans now on how your organisation will be WEEE compliant CRS in the UK was established in 1980 as part of the publicly listed Swiss group COS AG. In January 2001 we acquired Comdisco Direct, the UK asset disposal arm of a US leasing organisation, and in spring 2004 CRS was sold to its’ local management. We now operate from a 10,000 sq ft facility in Milton Keynes from where we process and re-market or dispose of thousands of systems each year. We hold ISO9001-2000 quality standard approval from the British Standards Institute. One call to CRS will take care of all disposal needs. Clients working with CRS can be confident that, in addition to receiving a competitive disposal service, they have a professional partner with expertise second to none. If you have the problem we are here to help even if all you need is some free advice over the telephone. Call us or e-mail us at info @ crs-uk.biz If you are interested in receiving regular updates please feel free to subscribe to our quarterly newsletter or register free as a CRS solutions subscriber , and we’ll look after your WEEE responsibilities. Government Guidelines Link ( WEEE ) - Copy of WEEE Legislation - PDF If you have a small quantity - a single Pc or Monitor at home to dispose of, the best option is to take it to your nearest Local Recycler, use the following link to find one near you. Telephone : Fax : +44 (0)1908649295 Established 1980. Registered In England. Company Registration 1494452 Vat GB 524 271957 Registered Office: 32 Clarke Road, Mount Farm Industrial Estate, Milton Keynes MK1 1LG