If you are a contractor who sells electrical or electronic equipment (EEE) directly to the end user OR If you buy EEE from an unregistered producer in Ireland or import electrical and electronic equipment (EEE) such as lighting products, tools, heating or ventilation equipment for installation, resale or distribution? You need to be aware of the WEEE Regulations and how they effect you.
Who is effected?
Electrical contractors would generally buy their products from an electrical wholesaler and install or fix the products they have purchased for the end-user. Some may buy electrical products themselves from abroad or from an unregistered producer i.e. someone selling EEE who is not registered with the WEEE Register. Under the WEEE Regulations 2005 contractors have obligations if they are doing either of the above.
Although the WEEE Regulations specifically mention “producers” and “distributors” as the effected persons, the definition of producer, would most often refer to ‘‘importer of EEE’’ and “distributor” means any person who provides electrical and electronic equipment on a commercial basis to the party who is going to use it. This includes contractors selling to end-users, so in short anyone selling EEE to the end-user.
How does this effect me?
You may fall into the category of producer by importing directly or buying from an unregistered producer, in which case you would become the producer by default. Producer responsibility is onerous and includes:—
*Registration with the WEEE Register Society — www.weeeregister.ie — and supplying them with monthly details of electrical equipment sold, both in quantity and weight. There is no de minimus, so even if you only sell ten items you would have to declare them to the WEEE Register;
*Must ensure that the WEEE Registration number attributed to you is shown on all documentation to customers;
*Where applicable you must show the PRF — the contribution to the Producer Recycling Fund or EMC on all invoicing as a separate line item;
*Check that all appliances you sell have the wheelie bin symbol on them and if the product contains any materials that fall under the RoHS or Restriction of Hazardous Substances Directive.
*That you maintain records regarding compliance.
Remember you have no obligations as producer if you buy from a producer registered with the WEEE Register Society in Ireland.
However, most contractors will, at some time, sell electrical or electronic equipment* directly to the end-user, i.e. if you have maintenance contracts, carry out lamp re-fits, install certain heating or ventilation systems or even if you sell and install an electric shower bought from a registered company or their distributor/wholesaler, then you are classed as a “distributor”.
As a “distributor” you have some obligations but these are not as onerous as a producers:—
*You must show the PRF on invoices to customers, where it has been placed on your supplier’s receipt;
*You should advise customers of the free take-back of WEEE, upon delivery of a like-type product;
*You should advise your expected delivery time, particularly for refrigeration products, at least 24 hours beforehand, to allow for disconnection from the mains and water supply;
*You may register with the local authority if you wish to deposit small household quantities of WEEE at civic amenity sites, but you should refer to your local authority for most suitable times;
*When purchasing you may return WEEE, free of charge, to wholesale/ retail outlets where you are purchasing a new product on a likefor- like basis, or you can return WEEE within 15 days post purchase, once you have a receipt;
*Electrical contractors fitting lamps should return used lamps to their wholesaler, who has been provided with take-back facilities. For large refits and collection of used lamps contact WEEE Ireland directly for a free collection.
Please note these are not definitive check lists and all obligations should be checked against SI 340 Waste Management (Waste Electrical and Electronic Equipment) Regulations 2005.
Remember you only have obligations as a distributor (retailer) if you ‘sell directly to the end-user’
In short, contractors need to be aware of what they are doing when purchasing and providing EEE for sale to the end-user.
Although you may feel this is not part of your core business, from the 13th of August 2005 it became law and contractors as well as wholesalers need to be clear on the implications for their business and whether they are obligated or not.
For further information on how to become compliant log on to www.weeeireland.ie or www.environ.ie or call WEEE Ireland on 01 - 299 9320.