Are you Ready – Waste Electrical and Electronic Equipment Regulations
The Waste Electrical and Electronic Equipment Regulations 2006 (the regulations) to implement the Directive come into effect over a period of time with final implementation on 1 July 2007. The UK should have implemented the Directive back in 2005. The Department of Trade & Industry is due to publish updated guidance.
The regulations require the producers of electrical and electronic equipment (EEE) who put EEE on the UK market to have joined an approved producer scheme by 15 March 2007 ready for full compliance by July 2007. Producers are those who manufacture or sell EEE under their brand, own branded resellers and those who import the appliances into the UK to put on the market. The producers are required to take back and deal with the waste electrical and electronic equipment (WEEE) through approved and provide certain information on the EEE.
Distributors who supply EEE for household use will also be required to join the distributor take back scheme or offer in–store take back facilities. Distributors are those who sell EEE to end-users. There are no exemptions for small and medium sized businesses. This means, the small retailer, those who sell through the internet or mail order are also caught by these regulations.
The regulations impose obligations upon distributors requiring them to provide information upon the impact of EEE and how WEEE can be dealt with. Therefore a shop which, supplies say a music system to a consumer, must free of charge either provide an in-store take back scheme or join the distributor take back scheme. The in-store scheme must allow consumers to bring back an old item when replacing it, even if they did not originally purchase the item from that shop. If a take back scheme has been opted for the consumer will be able to take it back to a designated collection facility. The distributors have no obligation to take back WEEE not sold for household use.
Producers are required to mark the EEE products by 1 April 07 with a wheelie bin symbol as crossed out indicating to users that the item can be separately recycled and also provide details of the producer and the date to show the item was put on the market after 2005.
The types of equipment caught by the regulations are set out in the Schedules to the regulations. These include appliances such as household appliances, IT equipment, electronic toys, smoke detectors etc.
Business users of EEE have a general duty of care to dispose of the EEE. The business user may therefore wish to take advantage of the producer approved compliance scheme and dispose of its WEEE through this at the producer's cost. The producer is however, only obligated to take back an appliance if sold after August 05 or if purchased prior to that date if the business replaces it with similar item. This means businesses will be responsible to disposal of EEE purchased prior to 2005 if they are not replacing it with similar items.
Businesses and consumers are likely to see an increase in the cost of EEE products to cover for the provision of the free of charge disposal schemes .
Nita King
Head of Commercial Litigation
Lemon & Co Solicitors.
This article gives a general overview and cannot be relied upon in any particular case. The need for specific legal advice must always be considered. For further information, contact Nita King by email on nita.king@lemon-co.co.uk Please visit our website at www.lemon-co.co.uk for Articles on other legal issues
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<p><strong><a href="http://www.lemon-co.co.uk/article_equipment-regulations.php">Are you Ready – Waste Electrical and Electronic Equipment Regulations</a></strong><br />
The Waste Electrical and Electronic Equipment Regulations 2006 (the regulations) to implement the Directive come into effect over a period of time with final implementation on 1 July 2007. The UK should have implemented the Directive back in 2005. The Department of Trade & Industry is due to publish updated guidance...</p>