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The Waste Electrical and Electronic Equipment (WEEE) regulation came into effect in January 2007 and aims to decrease the amount of electrical waste going to landfill by increasing the amount that is recycled.
The WEEE regulations require retailers (also referred to as distributors) to:
- Agree to take back old electrical products, in store on a like-for-like basis for a reasonable period after the sale of the new goods. The retailer does not have to collect the goods, but can still choose to do so (and may, of course, charge for this service).
- Keep records for four years detailing the amount and type of WEEE that you have taken back.
- Arrange for WEEE to be disposed of by a registered waste carrier or through a registered Producer Compliance Scheme (PCS).
- Provide in-store information for customers about WEEE.
Distributor Take Back Scheme (DTS)
The DTS came into effect in July 2007. By paying to join the DTS, retailers no longer have to accept WEEE into the store. Instead, DTS members can direct customers to the nearest designated recycling facility. This is normally a local amenity site - but not always. A list of these facilities is available at www.valpak.co.uk/dts.
If you have joined the DTS you do not need to record the WEEE taken back.
But you must make information available in-store that explains WEEE to the customer and directs them to their nearest designated collection facility.
Consumer information sheets on WEEE are available for retra members to download on the members' website at http://www.retra.co.uk/.
Policing the regulations
The Vehicle Certification Agency (VCA) is responsible for making sure retailers comply with WEEE regulations. They have a team of inspectors who visit stores throughout the UK. These inspectors have an in-depth knowledge of the WEEE regulations, so if you have any questions, you'll find they're a good source of authorative information.
The number of retailers complying with the WEEE regulations is still worryingly low. A report published in February revealed that only 147 out of 517 non-DTS stores checked by the VCA were fully compliant. Retailers registered with the DTS fared little better, with only 176 out of 429 stores providing all the correct information.
Please be aware that WEEE regulations do not only affect bricks and mortar retailers. Retailers trading on the Internet must also be compliant. VCA inspectors checked 49 DTS-registered websites up to February 2008 and found that around a quarter met their WEEE obligations. Incredibly, of the 224 non-DTS websites checked only five were compliant.
The next steps
According to the VCA, its aim is to educate, not prosecute. If they find that you're not compliant, the problem will be discussed with you. An agreed action plan will be put in place and a follow-up visit arranged. Please note that a VCA inspector is entitled to take away records from your premises - but only at a time that is convenient with you. So if you are busy you can ask them to return at a later time.
If you continue to break the rules or fail to provide the necessary information, you may be served with an enforcement notice. Failure to comply with an enforcement notice could ultimately lead to court action, where you may face a fine or imprisonment.
More Information
For more detailed information on the WEEE legislation, you can contact the VCA on 0844 8000819 or at weee@vca.gov.uk.
Alternatively, visit its website http://www.vca.gov.uk/.
If you're a member of retra and have any concerns regarding WEEE, or indeed any issues affecting your business, call retra on 01234 269110 or email retra@retra.co.uk.
We're more than happy to advise you.
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