Waste Electrical and Electronic Equipment Regulations 2013
What this means for your business
- Enforced by
- Environment Agency, OPSS, NIEA, NRW
- Applies to
- United Kingdom
- On this page
- 47 compliance obligations, 3 practical guides across 2 topics
What you must do
47 compliance obligations under this legislation.
Appointments 1
Join a WEEE compliance scheme or appoint a UK representative
Unlimited fineIf your business places electrical or electronic equipment on the UK market, you must be a member of an approved WEEE producer scheme for the period you sell the products. Alternatively, you can appoint a UKābased authorised representative who will join the scheme on your behalf. Small producers registered with the authority are exempt.
Equipment and safety 1
Mark electrical/electronic equipment with a date mark
Unlimited fineIf you place any electrical or electronic equipment on the market after 13āÆAugustāÆ2005, you must add a date mark that shows it was placed on the market after that date. The mark has to be easy to see, read and cannot be removed.
Management duties 8
Comply with approval conditions for AATF operators and exporters
Unlimited fineIf your business is authorised as an Approved Authorised Treatment Facility (AATF) or as an approved exporter of waste electrical and electronic equipment, you must follow the specific conditions set out in ScheduleāÆ11 of the WEEE Regulations. For AATF operators this means meeting the conditions in PartāÆ2; for exporters, the conditions in PartāÆ3. Failure to do so can lead to prosecution and unlimited fines.
Design EEE so it can be reused or recycled
If you make or import electrical or electronic equipment for the UK market, you must design it so that it can be dismantled and its components recovered for reuse or recycling. You cannot include design features that stop this, unless you can show a clear overriding benefit such as safety or a major environmental advantage. The same rule applies to foreign suppliers selling through an online marketplace that operates in the UK.
Ensure collection and transport of WEEE maximises reuse and recycling
If your business collects or moves waste electrical and electronic equipment as part of a takeāback or recycling obligation, you must arrange the collection and transport so that the equipment or its parts are reused or recycled wherever possible. This means choosing routes, facilities and partners that prioritise recovery rather than disposal.
Ensure recovery of WEEE you are responsible for
If your business runs a WEEE collection scheme you must have systems in place to recover or recycle the waste electrical and electronic equipment you handle, or arrange for it to be exported for recovery outside the UK. Recovery is not required for WEEE that you intend to reuse as a whole appliance.
Prioritise reuse of whole appliances in WEEE scheme
Unlimited fineIf your business runs a WEEE (Waste Electrical and Electronic Equipment) collection and treatment scheme, you must set up your processes so that whole appliances are reused wherever possible before they are broken down for recycling. This means having collection, sorting and refurbishment arrangements that give reuse the highest priority.
Provide free takeāback of waste electrical and electronic equipment
Unlimited fineIf your business sells new electrical or electronic items to private households, you must let customers return the old items to you free of charge. Where you have a retail shop with at least 400āÆmĀ² of EEE sales space, you also have to collect very small WEEE onāsite or nearby, again free of charge and without requiring a replacement of the same type.
Provide written WEEE information to household users
Unlimited fineWhenever you sell new electrical or electronic equipment to a private household, you must give the buyer written information about how to minimise waste, the collection and takeāback schemes available, their role in recycling, the hazards in the product and the meaning of the crossedāout wheeledābin symbol. This information must be supplied at the point of sale or be readily accessible in writing.
Run an approved WEEE scheme in compliance with all conditions
If your business runs an approved waste electrical and electronic equipment (WEEE) collection/recycling scheme, you must meet every condition attached to that approval. This includes following PartāÆ4 duties, using the collection code of practice, providing information and reports to the authority, notifying any changes or convictions, paying the annual producer charge and accepting WEEE free of charge from households.
Notifications 1
Notify authority of new scheme member within 28 days
If your business operates a WEEE compliance scheme and a producer (or its authorised representative) joins the scheme during a compliance period, you must inform the relevant regulator in writing within 28 days. The notice must contain the information set out in ScheduleāÆ8, be in the prescribed format, and be accompanied by proof that the scheme has been approved.
Other requirements 2
Do not show WEEE financing costs to privateāhousehold customers
When you sell new electrical or electronic equipment to a consumer buying for personal use, you must not display any charge that covers the cost of collecting, treating and disposing of that equipment at the end of its life. This means price tags, invoices or marketing material must not include a separate āWEEE feeā for privateāhousehold buyers.
Respond promptly to an enforcement notice
Unlimited fineIf the Environment Agency (or the relevant regulator) suspects that you havenāt met the WEEE regulations, they can issue you an enforcement notice. The notice will tell you what the suspected breach is, why they think it happened, and give you a deadline to either comply with the required regulations or show proof that you already did. If you ignore or fail to meet the deadline, you can be prosecuted and fined or even imprisoned.
Payments and fees 3
Finance your share of household WEEE collection and disposal
Unlimited fineIf your business placed electrical or electronic equipment on the UK market in the previous compliance period (and you are not registered as a small producer), you must pay for the collection, treatment, recovery and safe disposal of a proportion of the waste that comes from private households. The regulator will calculate your share based on the market share of the products you placed, and you must supply the required marketāplacement data each period.
Pay the WEEE compliance fee if your scheme doesnāt collect required waste
If the WEEE compliance scheme you run fails to collect the amount of waste it is responsible for, you must pay a compliance fee instead. The fee is worked out with a set formula and must be paid to a Secretary of Stateāapproved third party by 31āÆMarch after the compliance period. Keep the calculation and payment records as proof that you have met the requirement.
Pay your share of household WEEE financing costs
If you operate a WEEE collection scheme that covers waste from private households, you must pay the amount of financing the authority tells you to cover the collection, treatment and disposal of that waste. The authority will calculate your share using a set formula and send you a written notice by 31āÆMarch each year.
Offences and prohibitions 4
Breach WEEE Regulations (regāÆ90,āÆ82,āÆ89 etc.)
Unlimited fineIf you commit an offence defined in the Waste Electrical and Electronic Equipment Regulations ā for example breaching the duties set out in regulationāÆ90(1,āÆ3,āÆ5,āÆ7 orāÆ8) or in regulationāÆ82(6),āÆ89(10) or the various parts of regulationāÆ90 ā you face a criminal fine. On summary conviction you can be fined up to the statutory maximum (levelāÆ5 on the standard scale); on conviction on indictment the fine is unlimited. No prison term is prescribed for these offences.
Disclose confidential information in breach of WEEE regulations
Unlimited fineIf you share information that you have received under the WEEE Regulations ā for example a trade secret or commerciallyāconfidential data ā to anyone who is not authorised to receive it, you commit an offence. The offence applies to any person who discloses the information contrary to paragraphāÆ3 of sectionāÆ82. Conviction can lead to a fine and/or imprisonment, although the exact penalty is set elsewhere in the Regulations.
Disclose confidential tradeāsecret information obtained during inspection
Unlimited fineIf you (or anyone acting for you) reveal a secret manufacturing process or tradeāsecret that an enforcement officer saw while inspecting your premises, you commit a criminal offence. The offence does not apply if the disclosure is made as part of the officerās duties or with the ownerās consent, or if it is more than 49āÆyears later. Conviction can lead to fines and/or imprisonment as set out elsewhere in the regulations.
Fail to comply with WEEE obligations
Unlimited fineIf you are a producer, an authorised representative, an operator of a WEEE scheme, a distributor or any other person and you breach the duties set out in the WEEE Regulations ā for example by not meeting reporting or recordākeeping requirements, supplying false or misleading information, ignoring enforcement notices, or obstructing an inspector ā you commit a criminal offence. On conviction you can face an unlimited fine and, in serious cases, imprisonment. The offence can be tried in either the Magistratesā Court or the Crown Court.
Record keeping 6
Keep detailed WEEE records for at least four years
Unlimited fineIf your business runs a WEEE (electrical/electronic waste) scheme and has duties under the WEEE Regulations, you must record how much waste you deliver, the type of waste, where it comes from (households or other users) and any wholeāappliance reuse. Keep these records for at least four years and be ready to show them to the regulator if asked.
Keep export records for used electrical equipment for four years
If your business is an approved exporter of used electrical and electronic equipment, you must follow the detailed rules in ScheduleāÆ9. You need to keep all the required export records for at least four years from the date they are created and be ready to show them to the regulator whenever asked.
Keep records for WEEE treatment and export for at least four years
If you run an approved WEEE treatment facility or export WEEE, you must keep detailed records that let you complete the required quarterly reports. Those records have to be retained for at least four years and must be shown to the regulator if they ask.
Keep records of WEEE returns for four years
If your business is a distributor that takes back waste electrical and electronic equipment (WEEE) from private households, you must record how many items you receive or return under the relevant regulations. You also need to keep any information required by regulation 44. All these records must be retained for at least four years and be ready to show to the Secretary of State if asked.
Keep WEEE records during the transition period
If your business runs a WEEE collection scheme and has obligations under the Waste Electrical and Electronic Equipment Regulations, you must record how much waste electrical and electronic equipment you collect, the categories of that waste, whether it comes from private households or other users, and how much is reused as whole appliances. Keep these records for at least four years and be ready to show them to the regulator on request.
Keep written records of EEE placed on the UK market
If your business places electrical or electronic equipment on the UK market, you must keep written records showing how many tonnes you put on the market each compliance period, broken down by product category, whether the items are for private households or other users, and any exports (including the share from nonāUK suppliers for scheme members). Keep these records for at least four years and be ready to show them to the regulator on request.
Registration and licensing 8
Apply for approval of a new WEEE scheme
If you run a proposed Waste Electrical and Electronic Equipment (WEEE) collection scheme, you must submit a written application to the appropriate authority (e.g. Environment Agency, NRW, SEPA or the NI Department) with the required information, the schemeās constitution and the relevant fee. The application must be made between 1āÆJuly and 31āÆAugust of the year before the compliance period starts, or within 28āÆdays of a memberās notice of switching schemes.
Apply for approval to issue WEEE evidence notes
If your business runs an authorised treatment facility or exports used electrical equipment, you must apply in writing to the relevant authority for approval before you can issue evidence notes. The application must include the required information, be in the prescribed format and include the correct fee (different fees if you handle up to 400āÆtonnes of WEEE).
Apply to extend exporter approval to a new site
If you already have approval to export WEEE and want to add another location, you must send a written application to the appropriate authority. The application must include the required ScheduleāÆ11 information, be in the prescribed format and be accompanied by the correct fee. The authority will decide and notify you within 12 weeks.
Apply to register as a small producer under WEEE
If your business places up to 5āÆtonnes of electrical or electronic equipment on the UK market in a compliance period, you must apply to the relevant environmental regulator to be recognised as a small producer. The application has to be submitted in writing, signed by an authorised person, include the required information and fee, and be made either by 31āÆJanuary of that compliance period or within 28āÆdays of the first product placed on the market.
Join an approved ProducerāCompliance Scheme (PBS)
If your business runs a WEEE scheme you must become a member of an approved PBS as soon as that PBS is approved and stay a member while the PBS remains approved. In practice you need to sign up within 30 days of the PBS approval and keep the membership active.
Register as a small producer of electrical/electronic equipment
If your business puts small electrical or electronic items on the UK market, you must register with the designated authority for that compliance period. You can skip registration only if your details are already on the public register or if you belong to an approved producer compliance scheme.
Register as a small producer of waste electrical and electronic equipment (WEEE)
If you sell or produce a small quantity of electrical or electronic goods, you must register with the appropriate environmental authority. You need to apply, prove you meet the smallāproducer criteria, and wait for the authority to give you a producer registration number, which you must then use in all your WEEE dealings.
Register scheme members with the authority each compliance period
If your business runs a WEEE compliance scheme, you must tell the regulator which producers are members of your scheme for every compliance period (or part of it). This ensures the authority knows who is covered by the scheme. The duty does not apply where the producer is dealt with under regulationāÆ27.
Reporting and filing 13
Declare your EEE producer registration number to distributors
If your business places electrical or electronic equipment on the market, you must give any distributor you sell to your official EEE producer registration number. You need to provide the number before or at the time you supply the equipment so the distributor can record it correctly.
Maintain EEE records, report annually and notify if you exceed 5āÆtonnes
Unlimited fineIf your business is registered as a small producer of electrical and electronic equipment, you must keep written records of the amount placed on the UK market, broken down by the categories set out in the Regulations and by endāuser type, and send those figures to the regulator by 31āÆJanuary each year. If in any compliance period you put 5āÆtonnes or more on the market, you must tell the regulator within 28āÆdays that you are no longer a small producer and then join an approved producer compliance scheme within another 28āÆdays.
Only issue evidence notes if youāre an approved AATF operator or exporter
Unlimited fineIf your business runs an Approved Authorised Treatment Facility (AATF) or is an approved exporter of WEEE, you may only issue an evidence note when the waste relates to WEEE received during the current approval period. Issuing a note outside these conditions is a criminal offence.
Provide and update information to your WEEE scheme operator
Unlimited fineIf your business puts electrical or electronic equipment on the market and you belong to a WEEE compliance scheme, you must give the scheme operator any information it needs for registration, notifications, reporting or when it asks for records. You also have to tell the operator in writing, signed by an authorised person, about any material change to that information or to the reporting methodology within 28 days of the change.
Provide free information on new EEE types for safe reuse and treatment
If your business puts a new type of electrical or electronic product on the market for the first time, you must give treatment operators free details on how to reuse it and treat it safely. This includes a breakdown of all components, materials and where any dangerous substances are located, supplied as manuals or electronic files within a year of the productās market entry.
Provide required EEE/WEEE data to the authority
If you place electrical or electronic equipment (EEE) on the UK market, you must give the appropriate authority the information it asks for about how much you have sold and how much waste (WEEE) has been collected or returned. The authority uses this data to publish overall industry statistics.
Report EEE market placement data to the authority
If your business runs a WEEE compliance scheme, you must collect and submit detailed figures on how much electrical and electronic equipment (EEE) your scheme members have put on the UK market. The data must be broken down by equipment type, whether itās for household or other users, and include any exports or nonāUKāorigin items, and it must be sent in the required format by the deadlines set for each reporting period.
Report EEE placed on the UK market during the transitional period
If your business runs a WEEE compliance scheme, you must tell the regulator how much electrical and electronic equipment (EEE) each member of the scheme has put on the UK market. You need to break the totals down by product category and by whether the equipment is for private households or other users, and submit the data in the prescribed format and within the specified deadlines.
Report quarterly WEEE quantities to the regulator
If your business runs a WEEE scheme you must send the regulator numbers on the waste you collect, return or take back each quarter. The data has to be broken down by waste category and source, and submitted by the set dates.
Submit a Declaration of Compliance
If your business is a producer or authorised representative that has obligations under WEEE regulations 11 and 12, you must send a written declaration to the regulator each year. The declaration must be filed by 31āÆMarch after the end of the compliance period and include the required information and supporting evidence.
Submit a WEEE declaration of compliance each year
If your business runs a WEEE compliance scheme and has obligations for a given compliance period, you must send a written declaration to the regulator confirming you have met those obligations. The declaration must include specific information, all evidence notes for the period and proof of any compliance fee paid, and it must be signed by an authorised person.
Submit quarterly and annual WEEE reports to the authority
If your business runs an approved treatment facility for electrical waste or exports such waste, you must send a report each quarter (by 30āÆApril, 31āÆJuly, 31āÆOct and 31āÆJan) showing how many tonnes you received, sent on, reused, and other details, broken down by waste categories and source. The reports must be in the format set by the regulator and can be submitted online.
Submit quarterly WEEE tonnage reports during the transition period
Unlimited fineIf your business runs a WEEE collection scheme, you must send the regulator a written report each quarter showing how many tonnes of waste electrical and electronic equipment you collected, delivered, returned or taken back, broken down by equipment type and source, and stating which treatment facilities or exporters handled it. The reports are due by the set dates (30āÆApril, 31āÆJuly, 31āÆOctober, 31āÆJanuary).
Penalties for non-compliance
17 penalties under this legislation. 17 carry an unlimited fine.
Join a WEEE compliance scheme or appoint a UK representative
Unlimited fine
Mark electrical/electronic equipment with a date mark
Unlimited fine
Comply with approval conditions for AATF operators and exporters
Unlimited fine
Prioritise reuse of whole appliances in WEEE scheme
Unlimited fine
Provide free takeāback of waste electrical and electronic equipment
Unlimited fine
Provide written WEEE information to household users
Unlimited fine
Respond promptly to an enforcement notice
Unlimited fine
Finance your share of household WEEE collection and disposal
Unlimited fine
Breach WEEE Regulations (regāÆ90,āÆ82,āÆ89 etc.)
Unlimited fine
Disclose confidential information in breach of WEEE regulations
Unlimited fine
Disclose confidential tradeāsecret information obtained during inspection
Unlimited fine
Fail to comply with WEEE obligations
Unlimited fine
Keep detailed WEEE records for at least four years
Unlimited fine
Maintain EEE records, report annually and notify if you exceed 5āÆtonnes
Unlimited fine
Only issue evidence notes if youāre an approved AATF operator or exporter
Unlimited fine
Provide and update information to your WEEE scheme operator
Unlimited fine
Submit quarterly WEEE tonnage reports during the transition period
Unlimited fine
Practical guidance
Our guides explain how to comply with the requirements above.
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Sections and provisions
108 classified provisions from this legislation.
Duties 51
- s.11 Financing: WEEE from private households
- s.14 Obligation to join a scheme
- s.15 Registration of small producers
- s.16 Application to register as a small producer
- s.17 Small producers: Conditions of registration
- s.18 Information provided to operators of schemes
- s.19 Declaration of Compliance
- s.20 Record keeping
- s.21 Declaration of EEE producer registration number distributor
- s.23 Marking EEE with a date mark
- s.24 Information on new types of EEE
- s.25 Registration of producers
- s.27 Notification of new scheme member information provided
- s.28 Financing: WEEE from private households appropriate authority
- s.30 Prioritisation of the reuse of whole appliances
- s.32 Recovery
- s.33 Payment of a compliance fee scheme that chooses
- s.35 Reporting: WEEE during the transitional period category referred
- s.36 Reporting: WEEE from 1st January 2019 category referred
- s.37 Reporting: EEE placed on the market during the transitional period category of EEE referred
- ... and 31 more duties
Offences and penalties 4
Powers 15
- s.34 Collection Arrangements
- s.43 Returns
- s.52 Final holder right of return: WEEE from private households
- s.53 Notification of an intention to retain WEEE falling within certain WEEE streams
- s.58 Withdrawal of approval of a scheme
- s.64 Suspension and cancellation of approval
- s.68 Distributor take back scheme
- s.70 Approval of designated collection facilities
- s.71 Withdrawal of approval of designated collection facilities
- s.72 Code of Practice
- s.76 Approval of compliance fee; methodology and administration
- s.83 Right of appeal
- s.84 Procedure of appeals
- PBS: procedure for approval PBS: procedure for approval
- Voluntary withdrawal of the approval of a scheme Voluntary withdrawal of the approval of a scheme
Definitions 15
- s.2 Interpretation
- s.4 Service of documents
- Schedule 8 Information to be included in an application for registration of producers or authorised representatives and notification of new scheme members
- Schedule 10 Approval of proposed schemes and schemes
- Schedule 13 Public register
- s.49 WEEE from private households which presents a health and safety risk
- s.50 Take back: WEEE from private households
- s.59 Charges
- s.65 Charges
- s.87 Enforcement
- s.94 Consequential amendments
- Meaning of non-UK supplier Meaning of non-UK supplier
- Meaning of online marketplace etc. Meaning of online marketplace etc.
- Meaning of producer Meaning of producer
- Schedule 8A Approval of a PBS market share
Exemptions 8
- Schedule 1 Categories of EEE covered by these Regulations during the transitional period
- Schedule 3 Categories of EEE applying from 1st January 2019
- s.7 Exemptions
- s.22 Marking EEE with the crossed out wheeled bin symbol
- s.31 Treatment
- s.46 Exemption for distributors who are current members of a distributor take back scheme
- s.47 Financing obligation: Collection of WEEE from users other than private households
- Exception for OMP producers Exception for OMP producers