What Has Changed?
Following guidance issued by the UK environment agency in July 2024, a revised approach to the application of the producer definition under the UK Waste Electrical and Electronic Equipment (WEEE) regulations has applied from the 2025 compliance period onwards.
The clarification affects companies established outside the UK that place electrical and electronic equipment (EEE) on the UK market exclusively through indirect sales channels. While some non-UK companies had previously been permitted to register voluntarily as UK WEEE producers, this approach is no longer accepted. Instead, producer obligations must since then be assigned to the legal entity that meets the definition of a producer under the UK WEEE Regulations.
Selling Directly or Indirectly
The key distinction is whether a company sells directly or indirectly into the UK market. Direct selling refers to sales made directly to end-users, while indirect selling refers to sales made through importers, distributors or resellers.
From the 2025 compliance period onwards, non-UK companies that sell EEE into the UK exclusively through indirect sales channels are no longer considered UK WEEE producers. Instead, responsibility shifts to the first UK-established entity placing the products on the UK market. This means that the UK-based entity becomes responsible for:
- Producer registration
- Reporting EEE placed on the market
- Financing the associated WEEE obligations
Non-UK companies that sell directly to UK end-users can still qualify as producers and remain responsible for their own WEEE obligations.
Why Was This Clarification Introduced?
According to the UK environment agency, the revised approach is intended to ensure that producer obligations are assigned to the correct legal entity. It also aims to improve reporting accuracy, reduce the risk of double-counting EEE, simplify audits and support more effective enforcement.
Online Marketplaces Have Taken on Extended Reporting Obligations
The second key change concerns online marketplaces. Under the revised framework, online marketplace operators are now responsible for reporting the non-UK volumes sold via their platforms. The aim of this change is to improve data transparency whilst reducing duplicate reporting obligations. For this reason, since August 2025, non-UK businesses selling their products to end consumers in the UK via online marketplaces are no longer responsible for reporting these volumes.
What Businesses Should Do Now
If not already done, businesses selling EEE into the UK should review their sales models, reporting structures and contractual arrangements to ensure that producer obligations are assigned to the correct legal entity.
For companies operating international distribution networks, understanding the distinction between direct and indirect sales is becoming increasingly important to maintain compliance and avoid reporting errors. Do you have any questions? Please do not hesitate to contact us.