Business users of EEE (Electrical and Electronic Equipment) will be affected by the WEEE regulations which came into effect on 2nd January 2007. For the latest on the regulations see the DTI Sustainable Development website.

At the moment end users are responsible for disposal costs of WEEE. Hazardous WEEE must be separated from general waste under the Hazardous Waste regulations, and plans are afoot to change the Duty of Care regulations to require businesses to separate non-hazardous WEEE.

The new WEEE regulations will introduce producer responsibility for WEEE. For WEEE arising from users other than private households, eg business WEEE either the producer or the end user will be responsible for the costs of collection, treatment, recovery and environmentally sound disposal of WEEE. Producers may carry out their responsibilities through membership of a compliance scheme. The first compliance period during which this will apply commences on 1st July 2007.

Who is responsible for the costs?

  • EEE purchased after 13th August 2005 - the producer, or compliance scheme, will be responsible for the costs after 1st July 2007 unless an alternative agreement exists between the producer and end user or the end user is unable to trace the producer.
  • EEE purchased before 13th August 2005 which is replaced after 1st July 2007 by EEE fulfilling the same function - the producer or compliance scheme will be responsible for the cost of disposing of the replaced product when the new one is supplied, regardless of who the original supplier was.
  • EEE purchased before 13th August 2005 which is not being replaced by EEE fulfilling the same function - the end user will be responsible for the disposal cost of the redundant product.

Business users will therefore need to be clear:

  • Which items of EEE come within the scope of the regulations (there are exemptions for certain types of EEE, such as large-scale fixed installations)
  • Which items were purchased before 13th August 2005
  • Who is the producer and whether they are a member of a compliance scheme (in which case costs are claimed from the scheme)
  • What counts as equivalent function when equipment is replaced (common sense is expected to be applied)
  • What agreement exists with producers for EEE purchased after 13th August 2005, and does this transfer the costs to the end user (eg supply contract)

Contact us with a question if you are unsure how these regulations apply to your business. See also information for producers of EEE.