EcoQuip Ltd is a member of the Federation of Environmental Trade Associations (FETA) and the British Refrigeration Association (BRA).

Link for Department for Environment Food and Rural Affairs (DEFRA).

Proposed “WEEE Directive” Targets Producers

Hardware costs look likely to rise as a result of new European environmental legislation.
Manufacturers' and distributors' margins are already under huge pressure and this legislation is going to make life harder.

On 11 October 2002, the European Parliament and the Council of Ministers agreed on a draft of the much debated Directive to harmonise the mandatory collection, treatment, re-use and recycling of waste electrical and electronic equipment (WEEE) throughout Member States. The new WEEE Directive is expected to come into force in the spring of 2003 (hopefully by March) and will then have to be implemented by Member States within 18 months. The discussion below is based on the joint text of the draft Directive of 8th November 2002.

Aim of the WEEE Directive

Producers’ Responsibility!

The greatest burden of compliance will be on producers. Their obligations depend to some extent on whether the equipment qualifies as “household” waste and whether the waste is “historical”.

A “producer” is an entity which, irrespective of the selling technique (including by phone, ecommerce,
digital television, m-commerce or retail outlets):

• manufactures and sells EEE under its own brand; or
• resells EEE under its own brand (and not that of the manufacturer); or
• imports or exports EEE on a professional basis into a Member State (thereby potentially
  capturing non-EEA manufacturers or importers). It is unclear at this stage how the
  extraterritorial application of this Directive will be enforced.

Merely funding the development of a product (e.g. for a bespoke development) will not bring an entity within the definition of a “producer”.

Non-Household WEEE

Non-Historical Waste - Producers pay all costs for collection, treatment, re-use and recycling! In the absence of any direction as to how these costs will be allocated and managed, it seems likely that each producer will bear its own costs. Producer and users may stipulate in their supply and purchase agreements how such costs will be allocated. There is, however, no requirement to make the costs visible.

Historical Waste - Member States have a choice of allocating such costs:

• to the producers;
• partly to producers and partly to non-household users; or
• wholly to non-household / business users (!). This is obviously of great concern to business
  users of EEE. Allocating the costs to the last owner of the equipment would logically be
  the simplest means of allocating such costs.

Take-Back - Producers (or their third party agents) are responsible for collecting nonhousehold
WEEE (whether Historical Waste or non-Historical Waste)! The terms and conditions of sale would need to deal with the purchaser’s obligations to co-operate in this respect.

All WEEE

Recovery and Treatment Systems – Producers (or their third party agents), must set up (individually or collectively) systems to provide for the recovery and for the specified treatment of WEEE using best available techniques (to be developed), removing certain components, including mercury, printed circuit boards of mobile phones, toner cartridges or liquid crystal displays in the process.

Targets are set out in the Directive (to be reviewed by 31 December 2008) for the rate of
recovery, re-use and recycling of appliances collected.

Design, Marking and Publication of Components – Producers must incorporate certain design
features and affix markings to EEE. Controversially, producers must divulge to re-use,
treatment and recycling centres certain potentially sensitive product information within 12
months of the equipment being put on the market.

The Commission is concerned about the amount of WEEE that goes into landfill. It is increasing by 3-5% per year; three times that of average municipal waste.

The Commission states that WEEE must achieve a high level of recovery and in particular re-use and recycling. The figures are:

1. recovery 80% by weight
2. recycling by 75% weight
3. this has to be achieved by 31 December 2005

There will be a transition period of 5 years after entry into force.

The reduction of WEEE will have a twofold effect - on landfill and on the amount of enery used.

The 'producer pays' principle is laid down in Article 174 of the EC Treaty. The producer is the company marketing the product rather than the original manufacturer.

Currently there is no incentive to manufacture equipment for recovery, re-use or from recyclable materials. This Directive sets out to change this.

EcoQuip Ltd has been awarded the coveted ISO14001 Environmental Accreditation and is a specialist refurbishment / reuse company that also prepares commercial fridges and freezers for destruction.

EcoQuip Ltd can be trusted to give the best advice and service in refrigeration cabinet refurbishment, recycling or disposal.

EcoQuip Ltd will be pleased to discuss any ODS or WEEE issues with you. The contacts are:

• Mark Isaacs, Managing Director
• Gerry Cox, Commercial Director
• Peter Stringer, Business Development Manager

ISO14001
For more information about the ISO14001 Environmental Accreditation and our approach to recycling, please click here