Guidance

When electrical and electronic equipment (EEE) becomes waste (WEEE)

To properly classify and manage waste, you must identify when EEE becomes WEEE.

From:
Environment Agency
Published
25 September 2024

Applies to England

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:

Businesses must also assess the WEEE for:

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:

AATFs can only give evidence on reuse, recovery and recycling for WEEE.

This guidance gives the Environment Agency’s 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 discarded and 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 EEE will vary depending on the circumstances. If the previous holder is a business, evidence might be a contract or invoice showing that the EEE will be reused by the person or organisation the item was transferred to.

Condition B: The EEE must need no more than minor repair to continue being used

To be used EEE, an item will need either no repair or only minor repairs. You must consider if something is a minor repair on a case by case basis.

Here are some examples that the Environment Agency would consider to be minor repair:

  • a new soundcard in a television
  • a new cable on a lawnmower
  • a new seal for a washing machine

Even though a repair may be minor, you may still need specialist equipment, knowledge or qualifications to do it correctly.

Cleaning is not repair.

Condition C: You must identify that no more than minor repair is needed before the EEE leaves the holder’s premises

When you receive the EEE, the person transferring the item must confirm to you that no repair or only minor repair is needed. If they are unable to provide this confirmation the EEE will become WEEE.

Condition D: You must have evidence that any necessary minor repair will be done

There must be evidence that any necessary repair will be done. Evidence that repair will be done may include:

  • records of processes and contracts in place for doing the repair
  • evidence of repair being done to previous collections of EEE

You will not meet this condition if someone acts in a way that shows that repair for reuse will not be done, for example by dismantling the EEE to use for parts.

Condition E: The EEE must have a market for reuse

Evidence of the existence of a market for reuse may vary. There could be:

  • a well-known or common second-hand or more specialist market
  • a copy of a contractual arrangement for purchase of the EEE in question
  • evidence of sales figures for an equivalent product in similar condition
  • other evidence of demand

The use of the EEE must be lawful.

Condition F: You must not transport the EEE or otherwise treat it as if it were waste

Storing, handling or transporting equipment in a way that prevents damage shows you are not treating it as if it were waste. During transit, it should be packaged in a way that prevents damage and be identifiable as EEE for reuse.

Storing, handling, or transporting equipment in a way that would allow it to be damaged shows you are treating it as if it were waste – whether damage happens or not.

You must not mix items of EEE for reuse with items that are considered waste. If EEE and WEEE (or other waste) are transported together on the same vehicle, you must make a clear distinction between the 2 loads. If you do not do this, or otherwise mix items of EEE for reuse with items that are considered waste, all of it will be classified as waste.

If you are transporting WEEE, you must comply with your duty of care requirements, including use of a waste transfer note or other documentation containing the same information (for non-hazardous waste) or consignment note (for hazardous waste).

Specific scenarios

This section contains guidance on some specific common scenarios. However, whether an item is in fact EEE or WEEE will depend on all the circumstances of the case.

Returns

During the returns process, items will generally remain as EEE in the following scenarios:

  • return of a leased or hired item
  • a warranty return
  • an item returned under guarantee
  • any other return where the person returning the item may get a refund or a replacement

This is because in these circumstances the item will not generally have been discarded by the person returning it. Once the item has been returned, the item needs to be assessed by the person receiving it against all of the reuse conditions except for condition C to decide if the item can continue to be EEE.

There may be certain situations where EEE becomes WEEE before a return has been completed. For example, if the item has been fully assessed and confirmed as needing more than minor repair at an earlier stage in the process, it may be discarded and become WEEE at that earlier stage. But this will depend on the specific circumstances of the case.

Householder selling or gifting an item

If a householder sells or gifts their EEE to a third party on a non-commercial basis, this shows that they intend for it to be reused. Conditions A to F still need to be met for it to continue to be EEE.

Charity shop donation

If a householder gives their EEE to a charity shop, this shows that they intend for it to be reused. Conditions A to F still need to be met for it to continue to be EEE.

Donated items may fail an electrical safety test, be damaged or go unsold at a charity shop. At this point the charity will remove it from sale and set it aside for collection by their appointed contractor. The charity shop may not intend for the items to be reused and appoint a waste contractor to collect the unsold items. This is a clear indication that the items are waste. If the charity intends for the items to be reused, conditions A to F still need to be met for it to continue to be EEE.

Reuse at household waste recycling centres (HWRCs)

When a householder discards an electrical item at an HWRC, it will usually be waste.

However, if the item is left at an area of an HWRC that is set aside for reuse, this shows that the householder intends for it to be reused. In these circumstances, it will continue to be EEE if it meets conditions A to F. If it is clearly indicated at the HWRC that only items that do not need repair or need only minor repair can be left in this area, this will be enough to meet condition C.

Asset replacement

If assets are being replaced in a business, the person who initially receives them from the business (the asset replacement company or other person or organisation acting on their behalf) may assess those items against conditions A to F back at their own premises.

An item being collected will continue to be EEE until that assessment is carried out, provided that all of the following criteria are met on collection:  

  • the holder can confirm the item has been in use and good working order up until collection
  • the holder can confirm they intend for it to be reused
  • the third party collecting does not transport or otherwise handle the item in a way that could cause it to be damaged

If any of these criteria are not met in respect of an item, that item will become WEEE at the point of collection. You must not mix items of EEE for reuse with items that are considered waste. If EEE and WEEE (or other waste) are transported together on the same vehicle, you must make a clear distinction between the 2 loads. If you do not do this, or otherwise mix items of EEE for reuse with items that are considered waste, all of it will be classified as waste.

Surplus stock or end-of-line products

Where an organisation such as a retailer has some surplus stock or end-of-line or unsold items that they intend to be reused for their original purpose, they can consider these to be EEE if they are still unused and in their original packaging. However if the retailer as the final holder makes the decision to discard the items, then they will become WEEE.

Repair and refurbishment of EEE

If someone sends their EEE out for repair (for example to fix a specific problem) or for refurbishment (for example to improve the overall condition and appearance of the item, including repair if needed) and it is returned to the same person for reuse, it continues to be EEE.

If during repair or refurbishment any working component is removed from the item of EEE and replaced (for example in an upgrade):

  • the item of EEE is still EEE
  • any removed component becomes waste if the holder discards, intends or is required to discard it

If during repair or refurbishment the holder decides an item of EEE is not suitable for its current use and dismantles it into its different components, then the EEE has been discarded and so becomes WEEE. The dismantled components that are removed from an item of WEEE are waste. To reuse these components, for example to refurbish another item of EEE, the components must meet the end of waste requirements. This includes assessment for, and management of POPs.

End of waste status for WEEE

An item of WEEE may reach ‘end of waste’ status and be classed as EEE again. It will need to have gone through a recycling or other recovery process and meet each of the 4 end of waste criteria set out in the Waste Framework Directive (Article 6(1)). You will need to do an end of waste test for each item.

If it is not clear whether any of the conditions have been met, you should take a precautionary approach and decide that the item remains WEEE. More on what’s meant by recycling or other recovery process, and how each of the 4 criteria may be met, is given in the guidance on how to check if your material is waste.  

As part of the end of waste test, you’ll need to consider if the specific use of the item is unlawful for any reason, including because it contains prohibited substances.

WEEE must go through preparation for reuse treatment before it can reach end of waste status. This must include procedures for:

  • visual testing
  • POPs assessment
  • electrical safety testing
  • functionality testing

You must retain records to demonstrate these checks have been completed for each individual item.

Items should have enough protection in terms of packaging and handling instructions to keep them fit for purpose. This should be appropriate for the method of transport to prevent damage.

WEEE might contain POPs, so you should assess items for POPs content. If the POPs are over a certain amount the item will be classified as POPs waste.

If your WEEE is POPs waste

If your WEEE is POPs waste, you cannot reuse or recycle it – it must be treated so that the POPs are destroyed or irreversibly transformed.

The only exception to this is if the WEEE item, or component removed from WEEE, was manufactured after 1 January 2009 – then it can be reused as EEE within the UK.

EEE manufactured after 1 January 2009 is much less likely to contain polybrominated diphenyl ethers (PBDEs) POPs. Their use should have stopped for products selling in Europe. However, POPs have been found in some equipment manufactured years after this date.

Refer to reusing waste electrical and electronic equipment (WEEE) and components removed from WEEE for guidance relating to POPs when either:

  • reusing WEEE in the UK
  • exporting WEEE

Exports and waste shipment regulations

All parties involved in exporting EEE or WEEE must make sure that they follow all legal requirements both in the UK and the destination country.

You may be able to export fully functional and tested EEE for reuse. Some countries, however, do not accept second-hand EEE. You must check the requirements of the destination country before exporting.

Even if items are classed as used EEE in the UK, you must assess those items against export rules – they may be classed as WEEE for export purposes.

Approved exporters exporting used EEE which falls within the scope of the WEEE regulations, and which is suspected of being WEEE must comply with the list of minimum requirements in Schedule 9 of those regulations.

Check the guidance on:

For guidance on EEE for reuse following shipment, refer to:

Updates to this page

Published 25 September 2024

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