We provided an overview to the Chartered Institute of Water and Environmental Management in 2012 as part of a programme delivered at International Waste Specialising Solicitors -Norton Rose

1. Waste Matters
Regulation, Opportunities &
Achievements
WEEE –
A short post-implementation review
Mark Hadley

2. Original Aims
• WEEE Directive
introduced into UK law
in January 2007.
• Aim - reduce the amount of
EEE being produced and to
encourage everyone to reuse,
recycle & recover it.
• Aim - to improve the
environmental performance of
businesses that manufacture,
supply, use, recycle and
recover EEE.

3. Why have a WEEE Directive?
• Reduce the overall amount of WEEE being deposited
in landfill (5-8% year on year increases in EU).
• Create a separate WEEE waste stream, ensuring it’s
processed, accounted for & reported.
• Fastest growing EU waste-stream 2005.

4. Why not have a WEEE Directive !
• Essential counterpart
to RoHS Directive for
Pb, Hg, Cd, Cr,
PBB and PBDE
• Municipal Collection
costs for WEEE pass
to PCS & therefore to
producers/consumers

5. Chronology of WEEE
• Feb 2003 > EU Directive 2002/96/EC Issued.
• Aug 2004 > WEEE Directive Implementation Date
• Jan 2007 > WEEE (Amendment) Regs. SI 2007:3454
passed into law in UK
• July 2007 > UK Household & Comm. Producers in PCS
• Jan 2008 > EC compliant in all Member States
• Dec 2008 > EC proposes revision of WEEE Directive
• Jan 2010 > WEEE (Amendment) Regs. SI 2009:2957
• Jan 2012 > Proposal debated by Euro Parliament for a
Re-cast WEEE Directive.

6. WEEE Collected since 2007
Total WEEE Collected 2007-2011
600000
Tonnes Collected
500000
400000
Non Household
300000
Household
Total
200000
100000
0
2007
2008
2009
Year
2010
2011

7. Predicted EU Increase in WEEE Vs
Actual Collected Tonnages UK
Total WEEE collected, Vs predicted year on year increase
600000
500000
Tonnes
400000
300000
Total
200000
annual 5%
increase
annual 8%
increase
100000
0
2007
2008
2009
Year
2010
2011

8. Years by Quarter Year
2011 (3)
2011 (2)
2011 (1)
2010 (4)
2010 (3)
2010 (2)
2010 (1)
2009 (4)
2009 (3)
2009 (2)
2009 (1)
2008 (4)
2008 (3)
2008 (2)
2008 (1)
2007 (4)
2007 (3)
Thousdans of tonnes
EEE Vs WEEE
EEE Produced Vs WEEE Collected
500
450
400
350
300
250
200
150
100
50
0
PCS Declared EEE
Collected WEEE

9. Where’s the missing WEEE?
• Non-obligated WEEE not
counted (scrapyards).
• Cannot separate small items
from general domestic waste
• Illegal export of WEEE
• No match up between historic
rates of EEE placed on
market
• Appliance lifetime issue
• Appliance weight reduction

10. Problems at Inception - Lateness
• Directive adopted in 2003, but
EU compliant only by Jan 2008.
• In the UK, there were three
separate consultations, delaying
commercial preparedness.
• Costs of establishing PCS
system increased by delays.
• Late implementation of the EA
Settlement Centre (Clearing
House).

11. Problems at Inception - Complexity
• Although Directive only has 19 Articles,
implementation left to Member States many of
which had operating systems already.
• Exclusions – EEE installed in trains, planes &
automobiles outside Directive.
• Integral Parts – large stationary tools excluded
• Some wastes fell within scope of already
implemented waste legislation (ELV), or
impending legislation (Batteries Directive) 2010

12. Mechanisms for Compliance
• Actual compliance varies across
Member States, two aspects:
>Joining a PCS (mandatory in UK
but optional in most EU)
>Registration with the Government
usually done by PCS, but in 11
countries, it’s a separate process.
• Imagine you are a Producer
manufacturing/placing product in all
27 Member States!

13. 2007 – 2010 The first 3 years
• Day 1, WEEE Day (01.07.2007*)
• The new PCS market.
• Double counting, the problem with
‘Evidence Notes’
• Public awareness
• Intentional over/under collection
*Household Waste Collections.

14. Day 1, ‘WEEE Day’ (01.07.2007*)
• Substantial number of
PCS’s did not have
signed contracts with
Local Authorities.
• Service collections have
to start immediately, or
old collections continue.
• Capex involved in scaling
up for contracts by
recyclers, training and
operational demands.

15. The New PCS Market
• 37 PCS are approved by Environment Agency &
SEPA, which one should producers join that is
most appropriate for them?
• All EU Member States have one or more
national schemes, but all are fee paying.
• Most PCS operate in one country, but a few are
EU wide (ERP and RENE).
• Most countries have a couple, only Germany
and UK multiple PCS’s and Holland where the
scheme was based on WEEE categories!

16. Double Counting
• Once obligated WEEE arrives at the DCF it
awaits collection by appointed collector for PCS.
• Evidence notes only issued on treatment,
recovery or recycling or WEEE at the AATF.
• However, some WEEE passed to a AATF, then
on to a ‘final’ processor resulting in double
counting of the tonnages.

17. Public Awareness
• April 2005 launch of the RSA
‘WEEE Man’ premature.
• Initial launch at County Hall,
syndicated to 400 TV stations
worldwide.
• Moved to Bristol Docks with
seminars and RSA WEEE Man
website & schools programme.
• Permanently housed now at
Tim Smit’s Eden Project.

18. Public Awareness
• 2009 survey, ERP found that
84% of respondents cited public
awareness a major problem.
• WRAP awareness campaign
Dec 2008 (18 months after
WEEE) not very successful.
• Following selective local
authority campaigns using radio
and TV, collections increased
by 30% (London Remade).

19. Intentional over/under collection WEEE
• PCS required to balance producer
obligation/collection tonnage.
• Producer group supported PCS’s such as
Repic failed to get DCF tonnages
required, whilst waste managementderived PCS’s got the tonnages, but few
producers.
• Judicial review 2009 confirms overcollection unlawful, leading to PCS’s
encouraged to agree mutual balancing
arrangements in advance.

20. 2010 Amended the WEEE Regulations
• Streamlining of evidence process –
AATF’s and AE’s issue evidence of WEEE
received, rather than WEEE treated, thus
reducing double counting.
• Approved PCS no longer have to apply
every 3 years for approval.
• New PCS approvals are now ‘open-ended’
based on operational rolling plan each
year. No approved plan = no approval.

21. The RECAST WEEE Directive
• In Dec 2008 EC proposes revised Directive.
• Will involve clarification of producer
responsibilities
• Give consumers positive involvement in
ensuring more EEE goes to collection facilities
• Will count in WEEE from all stakeholders, rather
than just PCS route, impeding illegal exports
• Will set new ambitious collection targets,
possibly doubling amount currently reported as
collected. (Current target 4Kg per europerson)

22. IT Equipment – A Case Study
• There are 10 categories of WEEE
• Cat 3, IT & Telecommunications
equipment.
• In 2010, 206k tonnes placed on
market but only 35k tonnes
collected by PCS.
• Much of the missing waste went
direct to processors from the
businesses themselves or
specialised collectors due to value.

23. …and finally
• Producers were charged between £40£50m for 2010 compliance period.
• Under UK Regulations producers not
charged actual cost of recycling.
• Prices agreed between PCS and WM
companies acting behalf of LA’s.
• Hidden & complex price setting means
recycling costs have fallen, due to rise in
value of commodities
• WEEE estimated to have a overall net
value in 2010!