7 Producer Obligations | Waste Electrical and Electronic Equipment

July 5, 2024

7 Main Obligations for Producers under the WEEE Directive

What are the responsabilities of WEEE producers?

Electronic waste is a growing problem, and the European Union has addressed this issue through the Waste Electrical and Electronic Equipment (WEEE) Directive (Directive 2012/19/EU). This law places important duties on producers to manage electronic products in an environmentally friendly way. If you’re a manufacturer, reseller, importer or distance seller of electrical and electronic equipment (EEE), it’s crucial to understand your responsibilities under this Directive.

There are 7 main obligations that every producer must be aware of before putting their products into the EU market. In this blog post, we’ll explain these obligations in a simple and clear manner. By following these steps, you can help protect the environment and ensure your business stays compliant with EU regulations.

1. Register with National Authorities

Producers must register in each EU Member State where they sell their products. This registration ensures producers are recognized by national authorities and comply with the WEEE Directive in each country they operate.

In most EU countries, if producers do not have a legal entity within the territory, they are required to appoint an Authorized Representative (AR). This measure helps maintain accountability and ensures that all producers, regardless of their physical presence, adhere to the environmental standards set by the Directive.

2. Organize Take-Back and Recycling

Producers are required to set up or contribute to WEEE collection systems (i.e. recycling schemes), ensuring proper take-back, treatment, and responsible disposal of electronic waste. This obligation ensures that producers are involved in the entire lifecycle of their products, from production to end-of-life disposal, and make themselves responsible for their products’ waste. They can manage these processes individually or participate in collective recycling schemes that facilitate the collection and recycling processes for multiple producers.

3. Finance the Cost of WEEE management

Producers are responsible for financing the collection, treatment, recycling, and recovery of WEEE. These obligations require that producers of electrical or electronic equipment have the capability to establish or participate in a take-back system, either independently or through collective recycling schemes, within a country. The collection of WEEE needs to be set both for household and professional products and be provided to end users and businesses. However, the system will vary depending on the type of equipment involved. Consequently, these operations can be conducted at various locations such as collection facilities, local municipal waste points, retailer sites or business premises.

4. Report what is Placed on the Market and Collected at the End of Life

Producers are not only required to report on the volumes and types of electronic equipment placed on the market (units, weights and product categories), but also on the collected, reused, recycled and recovered WEEE. The data must either relate to their own individual solution or come from the take-back scheme they contracted with.

Depending on the country, this entails submitting declarations and attestations periodically to either recycling schemes and/or national authorities to help monitor compliance and set recycling targets.

Similar reporting obligations apply to producers that put batteries and packaging on the market.

5. Display required Labels

Producers are required to mark their products with the Crossed-Out Wheeled Bin Symbol, indicating that they should not be thrown away with regular household waste:

In some EU countries, additional mandatory labels are required on Electrical and Electronic Equipment (EEE). For example, in France, household EEE must display an extra label that varies based on the category of the EEE sold and whether the equipment includes batteries and/or accessories.

6. Provide key Information

In its articles 14 and 15, the WEEE Directive outlines specific obligations for producers regarding the provision of information for consumers and treatment facilities:

Information for consumers

Provide Clear Disposal Instructions: Consumers should be aware that WEEE must be collected separately and not disposed as unsorted municipal waste. Producers must display and clarify the meaning of the WEEE symbol.
Educate on Environmental Impacts: Information should be given about the potential effects on the environment and human health as a result of the presence of hazardous substances in EEE.
Inform About Collection Points: Producers must provide details on available collection points and recycling facilities, making it easier for consumers to find locations where they can drop off their old household electronics for recycling.

Information for treatment facilities

Dismantling Guides: Detailed instructions on how to dismantle products safely and efficiently should be provided, including information on the different EEE components and materials. This helps recycling facilities process the waste correctly.
Hazardous Substance Information: Knowledge about the presence and location of hazardous substances and mixtures within the products must be shared. This ensures that recyclers can manage these materials safely and prevent environmental contamination.
Recovery and Recycling Instructions: Producers should offer free of charge guidelines on how to re-use and treat WEEE within one year after the equipment is placed on the market. This facilitates the preparation for re-use and the correct and environmentally sound treatment of WEEE, including maintenance, upgrade, refurbishment and recycling.

7. Comply with Country-Specific Requirements

In addition to the common requirements described in the previous sections, Member States have introduced specific additional requirements. Some examples include:

IRELAND: B2B producers must submit 3-year Waste Management Plans and yearly Waste Management Reports to the relevant authority.
FRANCE: Producers of household WEEE, batteries, and packaging must submit 5-year Prevention and Eco-design Plans to the relevant authorities. In these plans, producers commit to actions aimed at improving the eco-design of their products and reducing the environmental impact of their products and operations.

By adhering to these obligations, producers can contribute to reducing electronic waste and promoting sustainability, ensuring they meet EU regulatory standards and support environmental protection efforts. These responsibilities apply to producers of both professional and household WEEE. However, there are significant differences in the obligations and compliance solutions required for each type.

Share this post to spread awareness and help others stay informed about their compliance obligations!