Environment Agency
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This guidance is to help the following groups decide when they are dealing with EEE and when they are dealing with WEEE:
- approved authorised treatment facilities (AATFs)
- designated collection facilities
- producer compliance schemes
- organisations involved in preparing used EEE for reuse
- organisations with EEE they no longer need
- waste carriers
Conditions A to F in this guide only apply to the transfer of EEE for reuse in the UK. For guidance on EEE intended to be shipped for reuse, refer to the Exports and waste shipment regulations section at the end of this guidance.
In all cases where EEE has become WEEE, you must:
- assess against the correct waste classification codes
- apply the correct waste controls
Businesses must also assess the WEEE for:
- persistent organic pollutants (POPs)
- other chemicals that would make the WEEE hazardous
The status of the WEEE items could affect whether you can export them or not. You will need to check the section on Exports and waste shipment regulations in this guide if you plan to export an item to check whether it is EEE or WEEE.
You must only store or treat WEEE in compliance with either:
- an environmental permit
- a relevant exemption, for example the T11 exemption
AATFs can only give evidence on reuse, recovery and recycling for WEEE.
This guidance gives the Environment Agencys view as waste regulator for England. But only the courts can decide whether a substance or object is waste or not, taking account of the circumstances.
Definition of EEE and WEEE
EEE and WEEE are defined in the Waste Electrical and Electronic Equipment Regulations 2013.
EEE means equipment which is dependent on electric currents or electromagnetic fields to work properly.
EEE also means equipment for the generation, transfer and measurement of such currents and fields, designed for use with a voltage rating not exceeding:
- 1,000 volts for alternating current
- 1,500 volts for direct current
WEEE means electrical or electronic equipment which is waste within the meaning of Article 3(1) of the Waste Framework Directive as read with Articles 5 (by-products) and 6 (end of waste) of that Directive. Therefore, any EEE which the holder discards, intends to discard, or is required to discard, is waste. This includes all components, subassemblies and consumables which are part of the item at the time it is discarded.
Use the guidance on how to check if your material is waste for more information on the factors that are relevant in deciding if a material has been discardedand is therefore classed as waste.
The conditions for when EEE can be reused without becoming WEEE
A material will not be waste if all the following apply:
- it is used for the same purpose for which it was designed the use must not be subordinate or incidental to the original use
- the previous holder intended for it to be reused
- no repair, or no more than minor repair, is required to it when it is transferred from the previous holder to the new holder, and the previous holder knows this
- any necessary repair is going to be done
- its use is lawful
- it is not managed in a way that indicates that it is waste, for example it is not transported or stored in a way that could cause it to be damaged
This is also set out in the guidance on how to check if your material is waste.
How these criteria apply to EEE specifically is explained further in the next section through conditions A to F. These are given to help you decide when EEE will be considered as satisfying those reuse criteria and being reused without becoming WEEE.
Reuse will usually mean that an item has already been used but this is not always true. It could, for example, include an item that a person has never used or which is surplus stock. Therefore, unless otherwise stated, all references to reuse and to EEE mean EEE that is used or unused.
If an item becomes WEEE before it is reused, the end of waste test (not conditions A to F) will need to be applied to it. More information on the end of waste test can be found in the guidance on how to check if your material is waste.
The general position is that when EEE is transferred to a third party (another person or organisation) so it can be reused for its original purpose, it will remain EEE if all of the following conditions A to F are met. Otherwise, it will become WEEE.
EEE may change hands more than once before being reused. Where this is the case, it will need to be assessed by each new holder against conditions A to F unless and until it is considered to be WEEE.
Whether an item is EEE or WEEE will depend on:
- all the circumstances of the case
- having regard to the aims of the Waste Framework Directive and the need to ensure that its effectiveness is not undermined
You can find further guidance in the Specific scenarios section of this guide.
Condition A: The actions of the previous holder of EEE must show an intention for the whole item to be reused
This condition will not be met if the previous holder of EEE (the person who has transferred the EEE to a third party) has handled it in a way that means:
- it does not intend for the item to be reused for example, if EEE is deposited in a skip for management at a waste facility or in a collection for recycling, it will be WEEE
- its fate is unknown for example, if EEE is transferred to a third party without having evidence that the third party intends for it to be reused
Evidence of intention to reuse