Compliance with UK WEEE and Battery Regulations
Element-14 Guide for Small and Micro Enterprises
Placing most types of electrical equipment and batteries on the market in the
UK or other European Union (EU) Member States is regulated by legislation
based on the WEEE and Battery Directives. Manufacturers, importers,
distributors and retailers may need to comply and this guide explains what
actions need to be taken.
Scope
Electrical equipment and batteries may be in scope of these regulations and
this is irrespective of whether they are sold, loaned or supplied free of charge.
WEEE – Waste Electrical and Electronic Equipment includes ten categories of
products which include household appliances, consumer products, IT,
telecom, tools, toys, medical, test instruments and vending machines. There
are exceptions from scope which include any equipment used as an integral
part of products that are not in the ten categories such as aircraft and
vehicles. Batteries, including those supplied within electrical products, are
also excluded but are covered by separate battery legislation. Factory
production lines are termed “large-scale stationary tools” and these and any
constituent part are also excluded. It is often claimed that “fixed installations”
are also excluded as they are part of buildings and buildings are not in the ten
categories. This is a complex issue however, because it is often interpreted
differently within EU States. Some countries such as Denmark and Sweden
include in scope all fixed installations whereas Germany excludes all fixed
installations that are installed by professionals. The UK’s interpretation is that
if it is necessary to have damaged the building to remove the equipment and it
is unlikely to be re-used, it is excluded but this is not always clear.
Batteries – All types of batteries are in scope including button cells, alkali and
lithium batteries, automotive batteries and specially designed industrial
batteries. Batteries sold separately and within electrical equipment are
covered by this legislation
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Who is responsible for compliance?
WEEE
What you do
Are you responsible?
Main actions required
You manufacture in the UK and sell
under your trademark or brand name
to UK users either directly or via
distributors
You are responsible for these
UK sales as a “producer”
Finance end-of-life costs by
joining a producer
compliance scheme
You supply products in the UK marked
with your trademark which are made
by someone else
You are responsible for these
UK sales as a producer
Finance end-of-life costs by
joining a producer
compliance scheme
You are a UK distributor or retailer that
imports equipment which you sell in
the UK
You are responsible for these
UK sales as a producer
Finance end-of-life costs by
joining a producer
compliance scheme
You are based in the UK and sell your
products in other EU Member States
via distributors located in these States
No, the distributors who
import your products into
other States are responsible
Ensure that the distributors
are aware of their obligations
You are based in the UK and sell your
products directly to users located in
other Member States
Your responsibilities depend
on the destination State.
Some expect distance sellers
to register whereas others
only allow nationals to
comply
Seek advice on your
obligations in other States.
Record distance sales but
these do not need to be
reported to UK authorities
except on request.
You are a manufacturer located
outside the UK and sell your products
to UK users via a UK distributor
No, the UK distributor is
responsible for compliance
Ensure that the distributors
are aware of their obligations
You are a manufacturer located
outside the UK and sell your products
to UK users directly
UK government expects
distance sellers from outside
the UK to comply by joining a
UK compliance scheme.
However, this is difficult to
enforce
Consider joining a UK
scheme.
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Batteries
What you do
Are you responsible?
You manufacture batteries in the UK and sell to UK
users either directly or via distributors
You are responsible for these UK sales of
batteries
You sell batteries in the UK marked with your
trademark which are made by someone else
You are responsible for these UK sales of
batteries
You import batteries into the UK for the UK market
You are responsible for these UK sales of
batteries
You sell batteries that you source from a UK supplier
to UK users
You are not responsible for ensuring battery
compliance, registration or joining a
compliance scheme but if you sell more than
32kg per year you must offer to collect used
batteries free of charge
You supply electrical equipment to the UK market
that contains batteries which you import into the UK
You are responsible for these UK sales of
batteries if you import the batteries into the
UK.
You import electrical equipment containing batteries
for the UK market
You are responsible for these UK sales of
batteries
You supply equipment made in the UK containing
batteries sourced from a UK supplier
You are not responsible for ensuring battery
compliance, registration or joining a
compliance scheme but if you sell more than
35kg per year you must offer to collect used
batteries free of charge
You are based in the UK and supply batteries or
electrical equipment which contains batteries to
other EU Member State markets via distributors
located in these States
No, the distributors who import your products
into other States are responsible
You are based in the UK and supply batteries or
electrical equipment which contains batteries directly
to users in other EU Member State markets
Your responsibilities depend on the destination
State. Some expect distance sellers to register
whereas others only allow nationals to comply
You are a manufacturer located outside the UK and
supply batteries or electrical equipment which
contains batteries to UK users via a UK distributor
No, the UK distributor is responsible for
compliance
You are a manufacturer located outside the UK and
supply batteries or electrical equipment which
contains batteries to UK users directly
No, only suppliers with a physical presence in
the UK have obligations
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Obligations in the UK
WEEE
Compliance with UK WEEE legislation is fairly straightforward. All products
should be marked with the crossed wheelie bin symbol. All producers must
join an approved producer compliance scheme of which there are more than
30 available. When joining they will charge a fee which will include a fee for
registration with the Environment Agency. You will also have to report sales of
equipment on a regular basis which is required by the UK Government.
Responsibility for collection and disposal of end-of-life equipment differs
depending on whether the equipment is supplied to consumers (B2C) or
businesses (B2B).
B2C – most B2C WEEE is either taken to municipal waste sites or collected
by retailers when equipment reaches end-of-life. Compliance schemes collect
this waste from waste sites and retailers on behalf of their members and the
fee they charge pays for this service. Producers are not obliged to collect
waste equipment directly from consumers.
B2B – WEEE legislation requires that equipment is collected from business
users unless alternative arrangements have been agreed. This requirement
applies to all equipment placed on the UK market since 13 August 2005 but
before this date, one equivalent product must be taken back when supplying a
new product. Some compliance schemes will collect from business users on
behalf of their members but many producers prefer to arrange for collection
and disposal themselves using local waste treatment providers. However,
producers should ensure that the waste operators have the correct licences
for collection, transportation and treatment of WEEE which may be classified
as hazardous waste if it contains lead solders, and are able to provide
documentation showing traceability all the way to final disposal.
Batteries
The UK battery regulations place several obligations on “battery producers”
(as listed in the table on page 3). These are:
 Ensure they are correctly marked – crossed wheelie bin and chemical
symbols for Cd, Hg or Pb if present above specified concentrations.
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Ensure that these marks are of the correct size as, currently, this is the
main reason for failing compliance.
 Ensure they comply with substance restrictions – Hg and Cd (there are
certain exclusions).
 If you supply more than 1 tonne per year of portable batteries, you must
join an approved battery compliance scheme. There will be a fee for
registration, administration and collection, treatment and recycling of
battery waste.
 If you supply industrial or automotive batteries, you can join an
approved battery scheme or make alternative arrangements to comply .
 If you supply less than 1 tonne per year of portable, industrial or
automotive batteries, you need to register with the Environment Agency
and pay a small fee. Report data on types of battery and weight placed
on the UK market as well as data on waste batteries collected.
 Ensure that equipment that contains batteries is designed for the
batteries to be easily replaced (there are certain exclusions).
 Supply users with information on how to replace batteries.
 If you supply more than 32kg of portable batteries in the UK irrespective
of whether you were supplied by a UK importer or you imported them,
you must offer to take back used batteries. Approved battery
compliance schemes will collect these batteries from you free of charge.
 If you supply industrial or automotive batteries, you must take back
used industrial and automotive batteries respectively, free of charge.
There is no lower weight limit of sales for this obligation.
The future
Batteries - The battery directive was amended in September 2006 and so no
changes are expected in the near future with two exceptions.
 The European Commission will review whether to extend the exemption
for nickel cadmium batteries in power tools.
 The Commission should have announced a procedure for marking
battery capacity. A decision on secondary batteries is expected.
WEEE – This directive is being reviewed and so changes should be expected.
Currently there are considerable disagreements and so it is not possible to
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predict the outcome. It is possible however that the scope will be broader and
registration and reporting procedures could be simplified.
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