Countdown to WEEE compliance begins

Waste Electrical and Electronic Equipment regulations have passed into UK law

The Waste Electrical and Electronic Equipment (WEEE) regulations governing the safe disposal of IT equipment were today finally passed into UK law, confirming that the new legislation will come into full effect this July.

Under the new law, manufacturers will have until 15 March to register with approved disposal schemes, and by 1 April all new equipment will have to be marked with WEEE labels displaying a crossed out wheelie bin and date code. The directive will then come into full effect on 1 July, with producers taking responsibility for treating and recycling household and business WEEE.

However, fears remain that many business purchasers and some IT manufacturers are still unprepared for the legislation. "At the customer level, lack of awareness [of WEEE regulations] is widespread," warned Jane Southworth of law firm Eversheds. "There are purchasers who are still unaware that they will face legal obligations."

Under the legislation, all business customers have to keep documentary proof that their WEEE was given to an approved waste management firm. Furthermore, manufacturers only have to provide free disposal when the equipment was bought after 13 August 2005 or where the old product is being replaced with a new equivalent product. This means firms will have to arrange and pay for disposal of kit that is not being replaced – for example, if they are down-sizing or consolidating servers. However, despite these obligations, a recent survey from Eversheds indicated that nearly three quarters of IT professionals are unaware of the legislation or need more information about it.

Many firms are also unaware of a clause in the legislation that allows producers to use procurement contracts to pass their WEEE responsibility on to business customers, according to Southworth. "There are some pretty wooly contracts out there where the customer could find themselves agreeing to dispose of kit at end-of-life," she explained. "Firms may want to do that as it should mean they get a better price – but they need to be aware of what they are agreeing to."

Some smaller manufacturers are equally confused about the implications of the WEEE regulations, Southworth warned. "The large brands are ready for WEEE, but some of the second tier and specialist players still seem to have quite low awareness of what they need to do to comply," she said. Failure to comply with WEEE rules could result in major fines for manufacturers.

Fears are also mounting that the cost of compliance will lead to price hikes, with the Eversheds' survey finding that 70 percent of manufacturers believe price rises will occur as a result of the legislation.