Waste treatment, recycling and take back obligations in relation to electrical and electronic equipment (EEE) and waste of such electrical and electronic equipment (WEEE) have long been a focus area for EU regulators, and now we are seeing increased enforcement in the United Kingdom. Although the European Union and United Kingdom are largely aligned in some intention behind the reuse, recycling and recovery obligations applicable to electronic brands, there are also notable differences in implementation which companies should be alive to when operating across both jurisdictions.

To assist with this, the Environment Agency of the United Kingdom recently published four sets of guidance on EEE and WEEE, namely:

1. Guidance on when EEE becomes WEEE for the purposes of the UK WEEE regulations, to properly classify and manage waste;
2. Guidance for waste operators and exporters on how to classify some items of WEEE, waste components and wastes from their treatment in England, focusing on identifying hazardous chemicals and persistent organic pollutants;
3. Guidance on shipping WEEE into and out of England from 1 January 2025; and
4. Guidance on reporting the placing of EEE on the UK market.

We highlight some key points for consumer electronics brands in this alert.

WHAT PRODUCTS DOES THE NEW GUIDANCE APPLY TO?

EEE is broadly defined as any product that is dependent on electric currents or electromagnetic fields to work properly, and which is designed for use with a voltage rating of 1,000 volts or less for alternating current and 1,500 volts or less for direct current.

This definition therefore includes a wide variety of consumer products, such as large and small household appliances, information technology and telecommunications equipment, lighting, tools, toys, leisure and sports equipment, medical devices and many others. The most recent guidance notes are therefore relevant to many consumer products. 
For the latest UK guidance on what qualifies as EEE under the regulations, see here.

1. Guidance on When EEE Becomes WEEE

The primary aim of this guidance is to help companies, that hold EEE they no longer need, to prevent that EEE from inadvertently becoming WEEE. These parties include EEE producers as well as treatment facilities, collection facilities, producer compliance schemes and waste carriers. According to the legal definition of WEEE, any EEE which the holder discards, intends to discard or is required to discard becomes WEEE. 

However, the guidance provides that EEE intended to be reused can avoid becoming WEEE if all the reuse conditions as described in the latest guidance are satisfied. This is relevant as it could potentially avoid triggering WEEE obligations in some cases (such as registering and reporting the EEE as WEEE, organising or financing its collection, treatment and recycling and so forth).
The reuse requirements for this exemption are:

• The EEE is reused for the same purpose for which it was designed (the use must not be subordinate or incidental to the original use);
• The previous holder intended for it to be reused;
• No repair, or no more than minor repair, is required to it when it is transferred from the previous holder to the new holder, and the previous holder knows this;
• Any necessary repair is going to be done;
• Its use is lawful; and
• It is not managed in a way that indicates that it is waste, for example, it is not transported or stored in a way that could cause it to be damaged.

Ultimately, the assessment of whether a substance or object is waste should be made by taking into account all the relevant circumstances. 

2. Guidance on How to Classify Some Items of WEEE, Waste Components and Wastes From Their Treatment in England, Focusing on Identifying Hazardous Chemicals and Persistent Organic Pollutants

This guidance is relevant to waste operators and exporters who must classify all the WEEE leaving their premises by way of a waste transfer note or a consignment note. 

Certain types of WEEE are known to include hazardous chemicals or persistent organic pollutants, and guidance on classifying such waste has already been produced by the UK Environment Agency previously. 

However, there are certain items of WEEE which require the producer or distributor to carry out a self-assessment, for which guidance is provided. These include:

• Office equipment – non-household types such as photocopiers and printers;
• Medical devices – Category 8;
• Monitoring and control instruments – Category 9; and
• Automatic dispensers – Category 10.

3. Guidance for Importing and Exporting WEEE 

This third guidance, which is intended to ensure compliance with environmental regulations and proper waste management practices, requires companies that are exporting or importing WEEE into or from England, to notify all WEEE shipments for recovery in the European Union and Organisation for Economic Co-operation and Development (OECD) countries using new codes for hazardous and non-hazardous WEEE. Some of the existing waste shipment classification codes will cease to exist from the beginning of 2025. In addition, the guidance reiterates that hazardous WEEE and wastes must not be shipped to non-OECD countries. It is also noted that if any EEE is being exported with a purpose of reusing it, such EEE should not be classified as waste. For any WEEE to be exported out of the United Kingdom, the import requirements of a destination country should also be carefully considered.

4. Guidance on Reporting the Placing of EEE on the UK Market

This guidance details the duty to report how much EEE you place on the market either to your producer compliance scheme or on the WEEE online service if you are a small producer. Placing on the market refers to when EEE becomes available for supply or sale in the United Kingdom. This occurs by sale, loan, hire, lease or gifting of EEE by UK manufacturers, UK distributors, importers and customers. It is important to understand the regulatory obligations at each level of the supply chain and to what extent those can be transferred by way of contractual clauses. This does not encompass EEE products which are made or imported in the United Kingdom and then exported without being placed on the UK market. 

If you have placed EEE on the UK market, you must keep accurate records to report the amount of EEE tonnage you placed on the market and exported. Evidence can be taken in the form of invoices, delivery notes and export documentation like bills of lading, customs documents and receipts. You must report your business-to-consumer (B2C) EEE quarterly, and your business-to-business (B2B) EEE annually.

PRACTICAL TIPS

The recent UK guidance on EEE and WEEE is helpful in clarifying certain aspects of its reuse, classification and associated export and import requirements. EEE brands or companies dealing with such equipment should familiarise themselves with these latest rules to ensure compliance, at the risk of prosecution and an unlimited fine from a magistrates’ court or Crown Court. 
As a first step, producers should consider: 

• If anticipating the reuse of EEE, make sure they satisfy all of the reuse conditions to avoid it becoming WEEE;
• Reviewing their current processes for classifying and handling EEE and WEEE;
• Specific classification lists and guidance applicable to the particular WEEE they have or handle; 
• Before exporting or importing WEEE or its components, verify the requirements for notification of transit and destination countries; and
• Keep accurate records of the amount of EEE placed on the UK market and report quarterly for B2C or annually for B2B.