WEEE Regulations. David Lloyd Environment Officer

Transcription

1 WEEE Regulations David Lloyd Environment Officer

2 Why the WEEE Regs? Every year UK throws away around 2 million tonnes of WEEE and WEEE is one of the fastest growing waste streams in the UK and the EU In 2003, the EU therefore adopted the WEEE Directive to deal with this waste Slide 1

3 UK Implementation Waste Electrical and Electronic Equipment (WEEE) Regulations cover product marking, take-back and recycling obligations, etc for the UK Waste Electrical and Electronic Equipment (Waste Management Licensing) (England and Wales) - cover treatment and site licensing in England and Wales - there will be separate provisions for Scotland and Northern Ireland Slide 2

4 WEEE Scope Large household appliances Small household appliances IT and telecommunications equipment Consumer equipment Lighting equipment Electrical and electronic tools Toys Medical equipment Monitoring and control instruments Automatic dispensers Slide 3

5 WEEE Scope Is it EEE or not????? EEE Decision tree set out on our web site Decision making further complicated as National Weights & Measures Laboratory have to make SCOPE decisions for ROHS Slide 4

6 Who is affected? everyone who uses, sells, treats or disposes of WEEE Producers Distributors AATFs, Reprocessors and Exporters DCFs - Manufacturers, Importers, Exporters, Re-branders - Retailers - Waste Management Industry - Local Authorities, other specified collection facilities. Slide 5

7 Who is a Producer? Producers are persons who: import EEE on a professional basis make and sell EEE under their own brand resell EEE under their brand (only) legislation requires Producers of electrical and electronic equipment (EEE) to be responsible for their products when they become waste for the WEEE Regulations, it s the UK market that matters

8 What will Producers need to do? by 15 March 2007, join an approved Producer Compliance Scheme by 31 March 2007 apply (through a Scheme) to be a registered Producer pay an annual registration charge of: businesses with a turnover over 1m businesses above VAT threshold but less than 1m turnover 30 - businesses below the VAT threshold from 1 July 2007, pay for a portion of separately collected household WEEE to be treated and recycled

9 What else will Producers need to do? supply data on the types and quantity (tonnes) of new EEE placed on the market in 2006 provide information on the dismantling and recycling of new products mark all new EEE with a crossed-out wheelie bin symbol (from 1 April 2007) declare their EEE producer registration number to their distributors keep an on-going record of EEE placed on the market

10 Who is a distributor? Any firm selling directly to household end-users This includes retail stores, mail order and internet sellers There are no obligations in relation to sales to nonhousehold users The same firm may have both producer and distributor responsibilities

11 What does a distributor have to do? Either provide a free in-store take-back service for household WEEE, where new goods of an equivalent nature are purchased or Sign up to the Distributor-Take-Back Scheme (Valpak) and inform those wishing to recover their old household WEEE where it can be taken. or providing an alternative system for free take-back for householders.

12 What else does a distributor have to do? Provide householders with information on the options that are available to them for the free return of their WEEE and on the environmental benefits resulting from its separate collection.

13 What is a Producer Compliance Scheme? PCSs help producer members discharge their obligations under the WEEE Regulations offer administrative and practical services. registering producers with UK authorities meeting the data reporting requirements arrange clearance of household WEEE from Designated Collection Facilities (DCFs) and/or non-household WEEE to AATFs or AEs.

14 Producer Compliance Schemes 2-31 January Producer Compliance Schemes had to apply to the environment agencies for approval all 37 applications were approved (approval lasts 3 years) 32 England and Wales 5 Scotland Details of the schemes are on our web site (and in the handout)

15 Designated Collection Facilities (DCFs) An accessible nation-wide network of WEEE collection sites. DCFs will provide distributors with an alternative to in-store take-back of WEEE. DCFs need to provide free facilities allowing household WEEE to be collected and kept separated into 5 main groups They have to comply with a Code of Practice Likely to consist mainly of existing local authority run Civic Amenity sites

16 The National Distributor-Take-Back Scheme A national Distributor Take-back Scheme will be responsible for developing the network of DCF sites it will also provide monetary support for upgrades to existing sites ( 6K + 3K) The Distributor Take-back Scheme is responsible for nominating DCFs for approval by the Secretary of State, who will ensure the availability of an adequate and accessible nationwide WEEE collection system.

17 What are AATFs and approved exporters Will receive separately collected WEEE for processing to required standards (BATRRT) Similarities to packaging accreditation Approved by the Agencies to issue evidence of re-use, treatment, recovery and recycling of separately collected WEEE evidence has to be consistent and auditable Have to meet treatment standards and provide quarterly returns

18 Approved Authorised Treatment Facilities 4 main types of processes Shredders / fragmentisers 13 large companies with 37 sites around UK Mainly metals recovery Dismantlers IT and telecoms up to 350 sites including social enterprises

19 Approved Authorised Treatment Facilities Specialist processing Fridge treatment Lamp treatment CRT treatment - 12 sites - 5 sites - 16 sites There should be no problems of capacity for WEEE treatment in the UK. WEEE recovery and recycling, however...

20 Authorised Treatment Facilities Any facility carrying out treatment and which is licensed or permitted, or exempt from licensing Only ATFs can apply to become approved as AATFs Interim licensing position Can only approve if an ATF, but some will be operating under the interim position until 1 July!

21 Approved Exporters Any company who exports WEEE for treatment and/or recovery and recycling can apply to become an approved exporter (AE) Exports must comply with TFS Regulations Overseas sites outside the EEA must meet equivalent standards of treatment, recovery and recycling Must send Part C for each overseas site and describe the treatment, recovery and recycling processes

22 Approved Exporters All WEEE which is exported must be exported by an approved exporter - even if it has been through an AATF first Still unclear who will issue evidence Could be AATF for treatment in this country and AE for recovery and recycling overseas OR AATF issues all evidence (but will still have to be exported through an AE)

23 AATFs and Approved Exporters Approval lasts for one compliance period Charges are 500 if issuing evidence of 400 tonnes 2,590 if issuing evidence of >400 tonnes Can only issue evidence if have approval Must make quarterly returns Must meet conditions of approval Everything else is different!

24 Our role we are the regulator for most aspects of the WEEE Regulations in England and Wales: approving Producer Compliance Schemes registering Producers licensing WEEE treatment facilities approving Authorised Treatment Facilities and exporters guidance, data management, monitoring and enforcement associated with the above

25 Our role - Monitoring Monitoring of schemes Monitoring accuracy of their: application information reported data declaration of compliance Monitoring of producers?

26 Deadline dates - 1st Compliance Period by 15th March Producers register with a PCS and supply data for EEE put on market by 31 March Schemes register members with EA from 1 April Labelling rules apply to new products from 1 July Producers responsible for take-back/recovery of a portion of separately collected household WEEE from 1 July Distributors responsible for take-back of separately collected household WEEE

27 Deadline dates - 2nd Compliance Period by 15 October Producers register with a PCS by 31 October Schemes register members with EA from 1 January Producers responsible for take-back/recovery of a portion of separately collected household WEEE for each quarter Producers supply EEE data to scheme, and Schemes supply this data plus WEEE delivered to ATF s / AEs in same period

28 Overview of the regulations Producers to discharge financial obligations for treatment, recovery and recycling through Producer Compliance Schemes (PCS) Retailers to either take-back WEEE in store or join the Distributor Take-back Scheme (DTS) DTS to make available network of Designated Collection Facilities (DCFs) to allow PCS to collect WEEE

29 Overview of the regulations PCS to collect WEEE arising at DCFs and either send this for reuse as whole appliance, or ensure it is treated and recycled to target levels PCS to provide evidence of appropriate treatment and recycling to the EA / SEPA

30 Household WEEE - overview 4,000 10,000? 35 England +2 Scotland 199 Disposal Authorities 1,000 sites??? inc. exporters Producer Producer Producer Producer Producer Compliance Scheme DCF DCF DCF A/ATF A/ATF Reprocessor Reprocessor Producer Producer Producer Producer Producer Compliance Scheme Producer Compliance Scheme DCF DCF DCF A/ATF A/ATF Reprocessor Reprocessor Reprocessor Producer Producer Producer Producer Compliance Scheme DCF DCF DCF DCF A/ATF A/ATF Reprocessor Reprocessor Reprocessor

31 Who s responsible for nonhousehold WEEE? for waste from equipment purchased before 13 August 2005, the end user is responsible for treatment and recycling, unless they are buying replacement products in which case the producer supplying the new equipment will have these responsibilities for equipment put on the market after 13 August 2005, the producer supplying that equipment will have to take responsibility unless both parties negotiate alternative arrangements

32 Permitting Defra has issued separate permitting regulations For Authorised treatment facilities Yet to be agreed whether waste management licences will need modifying or Separate permit required for treatment and handling of WEEE 3 new exemptions (storage, refurbishment, lamp crushing) Must still comply with Duty of Care, Hazardous Waste Regs and Ozone Depleting Substances Regs.

33 Permitting We have issued an Interim Regulatory Position setting out what we expect operators of treatment facilities to do up to 1 July 2007 This is to allow sites to operate without WML as long as they fit criteria of exemption The interim position is available from our website NOTE: the Interim Regulatory Position is subject to periodic review

34 Producer Offences Non-registration Not keeping records - 6 years Not providing WEEE registration number Not marking products with wheeled bin symbol Not marking products with a Producer ID and date Not providing info on re-use and enviro-friendly treatment Not keeping records of distance selling into EU

35 Distributor Offences Not ensuring free take-back Not providing information to consumers on take back, hazardous materials, recovery options, meaning of crossed out wheeled bin etc Not keeping records

36 Any Person Offences Mis-handles WEEE so can t be reused or recycled Shows visible fee to consumer Failing to allow entry and inspection Obstruction of any person carrying out duties under Regs Failing to give assistance or information Failing to comply with a notice Recklessly providing information Furnishing information that is false or mis-leading Fails to produce information when required

37 Enforcement Powers of entry and inspection Enforcement notices producer scheme operator distributor approved ATF or exporter Offences (as mentioned earlier + additional offences for other parties - see regulations for these)

38 Enforcement For first compliance period will set out an interim position i.e. a lighter touch approach Change to our normal response will occur 1st November 2007

39 Issues yet to be resolved Protocols document needs formally accepting Status of re-use and refurbishment and how evidence will be issued Waste management licence and exemption status - yet to be agreed with Defra Household WEEE must go straight to an AATF or AE from a DCF? What will an evidence note look like? Template format. Where WEEE is treated at an AATF and then exported who issues the evidence? Multi-site approvals - how will it work in practice

40 Thank You David Lloyd Please note: This presentation provides a summary of some but not all of the WEEE Directive s requirements. It was written on 27 March You are advised to refer to the text of the Directive and subsequent UK Regulations. Commencement dates are subject to confirmation. Nothing in this presentation is intended to be a definitive statement of law.