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Producer Obligations

Producer

Household (B2C EEE)

Business (B2B EEE)

Producer

"Producer" means any person who, irrespective of the selling technique used, including by means of distance communication.;

 (i)   manufactures and sells electrical and electronic equipment under his or her own brand,

(ii)   resells electrical and electronic equipment produced by other suppliers under his or her own brand,

(iii)  imports electrical and electronic equipment on a professional basis into the State,

(iv)  exports electrical and electronic equipment on a professional basis from the State to another Member State of the European Union, or

(v)   distributes electrical and electronic equipment from a producer who is deemed not to be registered under the provisions of article 12(2) Waste Management (Waste Electrical and Electronic Equipment) Regulations 2005,
with the exception of a person or persons exclusively engaged in the provision of financing under or pursuant to any finance agreement unless also acting as a producer within the meaning of sub-paragraphs (i) to (v)”.

Under the terms of the WEEE Directive, financing the recycling of electrical and electronic equipment (EEE) is now solely  producer responsibility.  The Directive places specific financial obligations on producers.

Household (B2C EEE)

Firstly – all producers must finance the recycling and recovery of any item of household EEE they themselves have placed on the market since 13 August 2005 when it reaches end of life.   Producers are required to provide a financial guarantee to cover waste arisings from EEE they place on the market from 13 August 2005 onwards.  Financial guarantees may be in the form of blocked bank accounts, recycling insurance, self insurance or bonds issued by banks or insurance companies or a combination of two or more of these.  Alternatively satisfactory participation in an approved compliance scheme qualifies as having a financial guarantee.

Secondly – all producers have to pay for the recycling of all household electrical waste which arises from goods sold before 13 August 2005 in proportion to their current market share – article 8(3) of the Directive and article 16(1)(b) of S.I. No. 340 of 2005.  We call this historic WEEE.  This includes paying for all historic waste as it arises whether it is taken back by a retailer on a one-for-one basis or deposited at a local authority recycling centre.  It also includes paying for waste from producers who are no longer in the market or who cannot be traced.

Business (B2B EEE)

Generally, financing of Business to Business (B2B) WEEE from products placed on the market after 13 August 2005 is to be provided by producers.  

The cost of collection, treatment, recovery and disposal of B2B WEEE placed on the market prior to 13 August 2005 is to be financed by the producer of new equipment when selling a new product that replaces products of equivalent type or fulfilling the same function. 

The cost of collection, treatment, recovery and disposal of B2B WEEE placed on the market prior to 13 August 2005 that is not being replaced by products of equivalent type or fulfilling the same function is to be financed by the end user. 

Producers and business users may make alternative financial arrangements.  Where alternative financial arrangements are made, however, producers must advise the end user concerned of the waste management obligations he or she is taking on particularly with regard to treatment and recovery targets.

Producers and business users may make alternative financial arrangements.  Where alternative financial arrangements are made, however, producers must advise the end user concerned of the waste management obligations he or she is taking on particularly with regard to treatment and recovery targets.

All producers are required to register with the WEEE Register Society, which was set up to assist producers in meeting their obligations for the responsible management of waste electrical and electronic equipment.  The WEEE Register website can be accessed for registration information and forms. Unregistered producers are prohibited from placing EEE on the market.

In addition producers must, inter alia, ensure that WEEE for which they have obligations is stored and treated in the specified manner, that specified recycling and recovery targets are obtained, that specified information is provided to recycling facilities and that their registration number is displayed on, inter alia, all invoices, delivery dockets etc.

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