Going for a WEEE? Think again

by Gordon Brewster

New regulations mean that everyone will have to dispose of all ageing eletrical and electronic equipment in an environmentally friendly way

The Journal, April 2004, page 32

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The EC Directive 2002/96/EC on Waste Electrical and Electronic Equipment (WEEE) came into force on 13 February 2003, with implementation by the member states due by 13 August 2004, and although it will affect everyone at work and at home, you may not have heard much about it.

A survey last summer reported that 81% of UK companies had not heard of WEEE and only 4% were familiar with it. Unless you raise your awareness of WEEE you, your firm and your clients could all be caught out, facing, in some circumstances, penalties up to a £5,000 fine or two years’ imprisonment for non-compliance.

This article is intended to provide an overview of the WEEE Directive to increase awareness and encourage compliance with draft regulations and guidance due in May 2004 and the legislation on 13 August 2004.

What’s this got to do with me?

Waste is a growing problem affecting us all. Everyone will have heard reports of local authority landfill sites rapidly filling up. Many will now have a number of recycling wheelie bins and boxes at home as councils get to grips with Government recycling targets. We all generate waste, we are all responsible.

WEEE covers a huge range of electrical and electronic products – computers, monitors, fax machines, printers, washing machines, tumble dryers, bedside radios, Playstations, TVs, telephones, video players – which have historically been sent to landfill at the end of their life. The EU estimates that WEEE currently amounts to 6.5 million tonnes per year and by 2015 could be 12 million tonnes per year – the equivalent of family saloons parked bumper to bumper on 10,000 football pitches! Yet WEEE is unsuitable for landfill as it can contain heavy metals, organic pollutants and other toxic substances that pollute soil and groundwater. It is also very bulky, accelerating the rate at which finite landfill is used up. WEEE might also contain items or materials of value, which could be recycled or reused.

The Directive aims to reduce the amount of WEEE and its hazardous nature and encourage efficiency. Among the main points of WEEE noted by the Department of Trade and Industry are:

• Increased emphasis on reuse
• Compulsory separation of WEEE from main waste system
• Targets and deadlines for WEEE collection, treatment, recovery, recycling and reuse by 2005
• Adequate consumer collection network and retailer “take back” schemes
• Manufacturers to produce manuals for those employed on disassembly, reuse and maintenance and information for consumers on hazardous materials in products
• Manufacturers made responsible for the financing of most of the above points

What should my firm and I do?

As we all have WEEE we are all affected in one way or another, and your clients may seek advice, so it is important that you have some awareness of the Directive and its implications. Reports in the IT press suggest that the DTI is considering a maximum penalty of two years’ imprisonment and a significant fine for organisations failing to comply with the legislation. The DTI have indicated that the penalties may be in line with the European Communities Act but precise details will not become apparent until the draft regulations and guidance are published in May 2004.

While WEEE covers a broad range of equipment it is likely that the main concerns within a firm will be with IT equipment. IT and telecommunications equipment make up a significant percentage of WEEE.

From 13 August 2005, one year after the WEEE implementation date, manufacturers and importers of IT hardware must arrange and fund the recovery, reuse and recycling of it when replacements are bought on a one-for-one, like-for-like basis. Where there is no like-for-like basis the firm will be responsible for disposing of the equipment if it was manufactured before 13 August 2005. Where equipment is simply to be disposed of and not replaced, firms will be responsible. The following recommendations should be noted:

Costs of equipment will likely rise. When drawing up budgets from now, ensure disposal costs are factored in.

It is recommended that from now on when selecting suppliers and purchasing equipment the disposal credentials of the supplier must be identified. Do they have an IT disposal policy which is WEEE compliant?

Consider equipment specifications carefully when purchasing from now on. Where possible think ahead and consider the replacement of that equipment such that it can be replaced on a like-for-like, one-for-one basis. Focus wherever possible on standard specifications. Where this is not possible account for the extra costs in disposal of that kit you may have to bear when it becomes obsolete.

Other important issues will need to be considered:

• Staff training and awareness. Staff within firms, especially IT, need to be prepared and new procedures for disposal of old IT kits will need to be established.
• Outsourcing. Large firms may consider outsourcing the disposal function to an IT services firm. Smaller firms may need to use a specialist recycling service. The Industry Council for Electronic Equipment Recycling (www.icer.org.uk) has a directory of WEEE recyclers. Additionally www.letsrecycle.com has a search facility where it is also possible to locate these services. It is important to ensure that the recycler you use has an appropriate Government permit.
• Indicators. Be aware of “Not for wheelybins” logos indicating that the item is to be disposed of responsibly.
• Recycling. Old PCs could be donated to charities. Computer Aid International (www.computer-aid.org) is a registered charity, which sends refurbished PCs to not-for-profit organisations worldwide. For a small donation they will collect and refurbish old PCs and supply them to the developing world where 99% of children leave school without having seen or touched a computer.
• Data protection. When disposing of old IT kit don’t forget to thoroughly erase all data on old PCs, as you may find yourself falling foul of the Data Protection Act.

Are there any other directives related to this?

Yes! Two further directives are important and relate to WEEE. These are:

• The Restriction on Hazardous Substances in Electronic and Electrical Equipment Directive (RoHS);
• The Electrical and Electronic Equipment Directive (EEE).

The timetable for these directives is 1 July 2006. From that date lead, mercury, cadmium, chromium and other toxins found in the components, chips and circuit boards making up IT kit must be phased out. This has implications for the manufacture of IT equipment as new materials will need to be found. Research has been undertaken for the development of lead free solder.

• Products that do not comply will be removed from the market within the EU.

“To do” checklist

The WEEE Directive becomes law on 13 August 2004 and will affect everyone whether at home or at work. It is important to:

• Increase your awareness of WEEE using the links below as a start and consider the implications for your firm
• Consider appointing someone to be the “owner” of this issue within your firm and educate staff
• If you have an IT director or manager ask them what they have been doing to prepare
• Ask suppliers for evidence of their WEEE policies
• When purchasing new IT kit the Directive should now be a factor in your deliberations
• When setting budgets for IT kit remember that allowances should be made for potential disposal costs or increased purchase price

Gordon Brewster, Director of IT, The Law Society of Scotland

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