WEEE Compliance Training to Charity Retail Association, September - PowerPoint PPT Presentation

WEEE Compliance Training to Charity Retail Association, September 2019

Overview ▪ Background - EU product standards and some key concepts ▪ Summary of the WEEE Directive/Regulations ▪ Potential application to charity retailers ▪ Managing WEEE as a waste stream ▪ Other potentially relevant regimes squirepattonboggs.com 2

Introduction to EU product standards squirepattonboggs.com

Manufacturer/Importer ▪ ‘Harmonised’ legislation ▪ Product obligations primarily fall on the manufacturer or importer ▪ Manufacturer usually means EU manufacturer ▪ Importer is the person responsible for the physical import into the EU – not always the same as importer for VAT/customs purposes ▪ Most obligations ‘bite’ on the person who places the product on the EU market – ie the EU manufacturer or the EU importer ▪ However some regimes - incl. WEEE - directly obligate the non-EU manufacturer as well as the importer and/or those re-selling under own brand ▪ And some regimes - incl WEEE – also obligate distributors/resellers ▪ There are always exceptions… beware subtle differences in wording and definitions between different regimes! squirepattonboggs.com 4

‘Placing on the Market’ ▪ The first ‘making available’ of the product on the EU market ▪ Making available – ▪ A product is made available on the market when supplied for distribution, consumption or use on the Union market in the course of a commercial activity, whether in return for payment or free of charge ▪ The concept of making available refers to each individual product ▪ In some regimes, POM automatically/expressly includes import ▪ Some regimes – incl WEEE – look at placing on the market in individual Member States ▪ Goods in transit/free zones/not customs cleared – not placed on the market ▪ Online sales are included squirepattonboggs.com 5

Enforcement ▪ Handled by national/member state regulators – EU does not prescribe penalties ▪ Most regimes have criminal penalties/fines for breach ▪ Fines can be unlimited ▪ Product recall can also be required – based on risk assessment ▪ Non-EU companies can be directly liable under some regimes – but practical issues of enforcement/recovery squirepattonboggs.com 6

WEEE Directive/Regulations squirepattonboggs.com

What is WEEE? ▪ EU Directive 2012/19/EU on waste electrical and electronic equipment (WEEE) ▪ Implemented in the UK - Waste Electrical and Electronic Equipment Regulations 2013 ▪ Focus is on EEE placed on the market of a Member State (not on the point it becomes waste) ▪ EEE – “ equipment which is 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….. ” ▪ From 15 August 2018 – open scope – ie all EEE unless exempted or excluded ▪ Producers are required to finance recycling/recovery of WEEE – through joining a compliance scheme, or as a ‘small producer’, and mark products with crossed out wheelie bin ▪ Distributors have to offer take-back when supplying new EEE; larger distributors have to offer take back of very small WEEE – Alternatively, join the Distributor Takeback Scheme (DTS) squirepattonboggs.com 8

Who is obligated? ▪ Producers : ▪ established in a Member State and manufactures EEE under his own name or trademark , or has EEE designed or manufactured and markets it under his own name or trademark within the territory of that Member State ▪ is established in a Member State and resells within the territory of that Member State, under his own name or trademark , equipment produced by other suppliers (except where the designer/manufacture’s brand appears on the equipment) ▪ established in a Member State and places on the market of that Member State, on a professional basis, EEE from a third country or from another Member State (ie an importer ) ▪ sells EEE by means of distance communication to users in a Member State, and is established in another Member State or in a third country ▪ Distributors : ▪ any person in the supply chain who makes an item of EEE available on the market (NB. a distributor can also be a producer) squirepattonboggs.com 9

WEEE – application to charity retail ▪ Possible scenarios: 1. Selling donated EEE 2. Selling new EEE 3. Screening/collecting re-useable EEE from a collection facility 4. Holding (donated) EEE that is broken / not suitable for sale 5. Generating business WEEE (eg broken till, old computer) ▪ Items 1 to 3 may be covered by WEEE Regulations ▪ Items 4 and 5 are covered by waste legislation squirepattonboggs.com 10

Selling donated EEE ▪ Must be suitable for re-use ▪ Not a producer – UNLESS you are importing donated items into the UK that have not been put on UK market previously ▪ Within definition of Distributor – but obligations only apply to the supply of “new” EEE – so no need to offer takeback or join the DTS squirepattonboggs.com 11

Selling new EEE ▪ Producer obligations - if you import the goods into the UK, or if they carry your brand ▪ Data ▪ Small producers – less than 5 tonnes per year – simple registration and flat fee of £30 ▪ PCS – membership fees and purchase of evidence notes to match tonnage of EEE placed on market ▪ Marking products with wheelie bin ▪ Record keeping ▪ Product design – aim to facilitate recycling ▪ Distributor obligations ▪ Free takeback on purchase of an equivalent new item ▪ Or if floor area >400m², free takeback of any very small WEEE (<25cm) regardless of purchase ▪ Or join the DTS ▪ Or set up your own Designated Collection Facility (DCF) squirepattonboggs.com 12

Screening/sorting WEEE for reuse ▪ Some DCFs offer charities the opportunity to screen and take EEE from their sites where it is suitable for reuse ▪ Care needed in such arrangements: ▪ The goods are waste until confirmed as suitable for re-use – this can be a grey area ▪ The DCF needs to approval of the producer compliance scheme that it is linked to ▪ You may need waste permits/exemptions depending upon the structure of the arrangement (eg. storage of waste. treatment of waste) ▪ You may even need to be an approved authorised treatment facility (ATF) squirepattonboggs.com 13

Managing WEEE as a waste stream squirepattonboggs.com

When does EEE become WEEE? ▪ Just because something has a value or can be re-used does not stop it from being legally classed as waste ▪ Legal concept turns on the term “discarding” – but very widely interpreted ▪ Giving effect to overarching aims of the Waste Framework Directive - protection of the environment and human health ▪ As soon as something is waste then different legal obligations apply to how it can be used and sold – much more restrictive/regulated squirepattonboggs.com 15

Waste Hierarchy and Duty of Care ▪ All waste producers have a duty of care to ensure their waste is handled and disposed of properly (s34 Environmental Protection Act 1990) ▪ The waste hierarchy also must be applied – and declared on the transfer note ▪ Other legal duties include: ▪ Transfer to authorised persons ▪ Classify your waste (6 digit codes) ▪ Obtain and keep waste transfer notes for 2 years (3 years for hazardous waste consignment notes) ▪ Check the ultimate destination of your waste – carrier licences and permits for disposal/treatment sites ▪ Penalty for breach – unlimited fine ▪ Waste donated items from households are household waste, but full duty of care still applies to the charity retailer (not the lower householder duty of care) squirepattonboggs.com 16

Dealing with waste EEE ▪ Should be separated from other wastes – to comply with duty of care and hierarchy ▪ Should be coded appropriately on waste transfer notes ▪ Arrange collection or take to recycling centre ▪ Keep transfer notes ▪ Some WEEE is hazardous waste – additional duties apply, incl not mixing with non- hazardous squirepattonboggs.com 17

Other (connected) regimes to consider squirepattonboggs.com

Batteries ▪ Directive 2006/66/EC on batteries and accumulators and waste batteries and accumulators ▪ Like WEEE it’s not primarily about “waste” batteries ▪ Battery types - portable, industrial and automotive batteries ▪ Producers of batteries are obligated to join a compliance scheme – definition limited to EU producers ▪ A producer of EEE containing a battery is also regarded as a battery producer ▪ If you place EEE containing batteries on the EU market, you have to report separately the weight of: ▪ electrical and electronic equipment (EEE) you place on the market without batteries, as part of your WEEE Directive duties AND ▪ batteries in the EEE, as part of your Batteries Directive duties ▪ Distributors also have obligations – provide collection points squirepattonboggs.com 19