Are you ready to stay legal and join a DTI approved WEEE producer compliance scheme and ensure that you fix your cost for remaining legal?

For all of you who are struggling to understand the WEEE directive and your responsibilities I will attempt to explain the WEEE directive and your legal responsibilities in simple terms.

Am I a producer?
If you build or rebadge new equipment that you then sell you are a producer. (WEEE is classified as whole items that use electricity and the producer is the person who first sells the item.) 

I only repair or upgrade computers, am I a producer?
NO    under the WEEE directive and the DTI guidance if you replace a component in the course of a repair or upgrade to a computer then you are not classed as the producer. Also if you repair and then sell second hand equipment you are not a producer and have no responsibilities under the WEEE directive. 

I only sell  branded products and computers does this make me a producer?
NO   if you resell only branded products as manufacture supplied unaltered products then you are not a producer and do not have to join a WEEE producer compliance scheme. You will  have to join a Distributor take back scheme or offer some form of in-store take back service. We are able to provide in store or private take back schemes for any customers preferring to collect from their customers and arrange the recycling themselves. 

If I lease rather than sell the EEE I produce, am I still a producer?
Yes, since you would still be regarded as putting EEE on the market. 

If I only provide the finance arrangements for the leasing of EEE am I a producer?
No - those organisations that exclusively provide financing arrangements for EEE are not producers under the WEEE Regulations. 

Hopefully you will now be able to decide if you need to join our WEEE producers compliance scheme or not so we have outlined below the other legal requirements you will need to comply with.

 The WEEE Directive Producer Requirements
The Regulations require you to report the weight of EEE in tonnes that you place on the UK market. You should include the weight of the whole electrical or electronic product itself, any electrical or electronic accessories supplied with it, and any non-electrical accessories that are specific to the product or likely to be regarded by the purchaser as part of the overall product and therefore likely to be discarded with it. You should not include packaging, instructions and other paperwork. 

For example:

• The weight of a power drill should include the power lead and or/battery pack and any fitted storage or carry case, chuck key, accessory handles or battery chargers, but not the cardboard box or sleeve and protective padding, manual or drill bits.

• The weight of a food mixer/processor will include the power lead, mixing bowls, cutters, beaters, pushers, lids or stands but not the packaging or protective padding, manual.

• The weight of an electric kettle should include the kettle itself, the mains lead and any separate stand but not, packaging and protective padding or manuals. 

Summary of producer obligations under the WEEE Regulations
If you are a producer, you must:

• Join an approved Producer Compliance Scheme (PCS) that will undertake several actions on your behalf during your membership. It will register you as a producer with UK authorities, report the EEE you place on the UK market, arrange the collection, treatment and environmentally sound disposal of an amount of WEEE deposited at DCFs or returned under Regulation 32, and declare this, supported by evidence, to the appropriate authorities. If you enter the UK EEE market after the registration deadline for a compliance period, you must join a PCS within 28 days. 

• Pay your Producer Compliance Scheme according to its published fee structure and membership rules. You bring to your PCS obligations to finance the collection, treatment, recycling and environmentally sound disposal for: 

a. household WEEE arising in each compliance period, as the proportion given by your share of the UK market for EEE in each category; and

b. non-household WEEE arising in each compliance period, from: EEE you placed on the market on or after 13 August 2005;and in addition

c. EEE that was placed on the market before 13 August 2005, regardless of the producer, which the user is replacing with the equivalent new EEE you provide.

 • Provide information to your Producer Compliance Scheme about your business, and on the amounts of EEE you place on the UK market on a quarterly basis, broken down by compliance category and its household or non-household nature. Your PCS is required to report this information to the appropriate authorities (Schedule 6 to the Regulations lists the information that must be provided).

• Mark the EEE you place on the UK market with the “crossed-out wheeled bin” symbol and your unique producer identification mark as reported with your registration. Details of the crossed-out wheeled bin and date markings can be found in British Standard BS EN 50419:2006 or later. This is available for purchase from BSI online, and may be available for reference through your public library.

• Make information available to operators of treatment and reprocessing facilities about your new products, to help with effective treatment, recycling and re-use. This includes information about the different materials and components of the EEE, and the location of any hazardous substances. This obligation starts for products first placed on the market from 1 April 2007, and information must be available within one year of the EEE being placed on the market.

• Provide your producer registration number to distributors to whom you supply EEE. This confirms to them that they are purchasing EEE from a registered producer in the UK. You may incorporate your registration number into your letterhead, or provide it in writing by other means when EEE is transferred. Your registration number should remain unchanged between compliance periods, even if you change your Producer Compliance Scheme, and will be the same for household and non-household EEE.

• Retain records for a period of four years, including of the amounts of EEE you place on the UK market, broken down by compliance category and household / non-household nature.

• Retain records of sales direct to end users in other Member States, for a period of four years, including how you have complied with your obligations those other Member States.