WEEE Obligations for the Netherlands

In the Netherlands, Directive 2012/19/EU has been implemented by the (Ministerial) Regulation waste electrical and electronic equipment ((Ministeriele) Regeling afgedankte elektrische en el-ektronische aparatuur). The Dutch supervisory authority for WEEE is the Human Environment and Transport Inspectorate (Inspectie Leefomgeving en Transport or ILT).

Distributor’s Take-back obligation

Under Dutch law, distributors of new electrical and electronic equipment (‘EEE’) are obliged to take back waste EEE (‘WEEE’) from consumers on a 1:1 basis (i.e. for each new EEE product supplied, distributors must take back one WEEE product). Online sellers have to arrange:

• to take back the WEEE during delivery of the new product; or
• to pick up the WEEE after delivery, within reasonable time; or
• for the consumer to send the WEEE back to the distributor.

Producer’s collection, recovery, re-use and treatment obligations

The producer is responsible for financing the separate collection of WEEE that it places on the market. The producer can choose to set up its own WEEE collection system for private individuals and households or join a collective system. If the producer is already a member of a collective system, it does not need to register on the National WEEE Register as the relevant collective system will take care of the registration and reporting on the producer’s behalf. Producers that choose to set up their own WEEE collection system will need to register on the National WEEE Register.

The National WEEE Register is used to manage the registration and reporting obligations stipulated in the Dutch implementation of the WEEE Directive. It is funded by the producers of electrical appliances and low-energy light bulbs. More information can be found here.

The producer’s obligations apply in addition to the take-back obligation of the distributor as described above. The collection and transport of WEEE should facilitate the optimal re-use and recycling of the WEEE. Dangerous substances in WEEE need to be minimised.

Other

• All companies (including foreign companies) which collect or transport or arrange for the disposal or recovery of waste in the Netherlands (industrial or hazardous) for others must be registered on the Dutch list of collectors, transporters, dealers and brokers of waste (so-called VIHB-list). The VIHB-list of registered collectors, transporters, dealers or brokers of waste is published on the NIWO website.