IT Waste Disposal
If you’re planning to buy or dispose of IT equipment, you should be aware of the WEEE legislation that came into effect in July 2007.
The uptake of Microsoft Vista is expected to result in a massive surge in the number of obsolete PCs, as companies and other organisations go ahead with the first significant desktop upgrade since Windows 2000 was introduced. Analysts are predicting that as many as 10m computers could be discarded over the next two years in the UK alone, while globally the UN sees e-waste as the world’s fastest growing waste stream. Its figures show enough waste is being produced each year to fill a line of dump trucks stretching halfway round the Earth. This poses a real problem for businesses looking to meet recycling regulations, such as the Waste Electrical and Electronic Equipment (WEEE) Directive that came into force in July. Especially when, according to a survey last year from law firm Eversheds, only a quarter of IT professionals claimed to understand their WEEE obligations.
Back in January, the WEEE Directive finally passed into law – some four years after it was first proposed and after many false starts. In brief, the Directive is aimed at shifting the cost, and onus, of disposing of electrical equipment onto the manufacturers who produced it. Although in reality, WEEE will mean the disposing of the equipment will move back to the manufacturers, it will still mean that the majority of the cost for disposal will still be borne by the end user. Under the legislation, manufacturers may be responsible for disposing of kit free of charge, but it is the end user who is responsible for separating electrical goods from other waste, and obtaining and keeping proof it has been disposed of properly.
Manufacturers have also ensured that the legislation only makes them liable for disposing of products that were sold after August 13, 2005 or are being replaced with new models. In practice, this means that if you are discarding IT kit but not replacing it, then it is your legal obligation to arrange for its environmentally approved disposal and to keep all the paperwork to prove it has been done.
Reduced environmental damage
There are a range of choices for companies needing both to avoid dumping PCs in landfill sites and to address their corporate social responsibility requirements. One option is to give redundant hardware to a charity that can organise for the kit to be recycled for parts, or reused. Any donations must have a purchase value (treated as a sale) or have been tested by an accredited provider. However, it’s unrealistic to think that all 10m PCs will be absorbed this way and many companies are concerned that security could be jeopardised by sensitive business data left on the recycled systems.
Most will only have one option and that will be to get rid of the obsolete equipment. For an end user, the main difference will be that, in addition to disposing of the waste yourself, you will also have the option of returning it to the producer (in most cases this is the company you purchased the equipment from), providing it meets certain criteria. Under the terms of the WEEE Directive, if you are purchasing new equipment to replace like-for-like kit, you should arrange with the producer of the new product to collect and dispose of the old equipment. If you are discarding old equipment without making a like-for-like purchase of new equipment, you will need to finance the costs of its disposal yourself.
Clear responsibilities
For all IT equipment purchased on or after August 13, 2005 the manufacturers are responsible for the financing of its collection, treatment, recovery and environmentally sound disposal at the end of its life. You should contact the producer you purchased the equipment from or its producer compliance scheme to arrange for this. When you buy electrical and electronic equipment, you may agree with your supplier to take responsibility for dealing with it at the end of its life. This means that you would not have the right to call on the producer to collect and dispose of the product for free, and would have to fund the treatment and recycling yourself.
If a manufacturer refuses to deal with the WEEE, even though it is legally responsible, you should contact The Environment Agency in England and Wales, the Scottish Environment Protection Agency or the Department of the Environment in Northern Ireland.
The most important thing to do is to keep an audit trail of any disposals. If you do get rid of IT equipment, you should at a very minimum keep a record of what was disposed, where it was disposed and who disposed it on your behalf.
For more information on how the WEEE Directive affects you contact your account manager.
