Waste Electrical and Electronic Equipment (Amendment, etc.) Regulations 2025

Lord Roborough Excerpts

Tuesday 15th July 2025 Grand Committee

[Earl Russell (LD)]

My Lords, we are very supportive of these measures and I very much welcome the Government bringing them forward as part of addressing an ever-growing problem. As the Minister rightly highlighted, e-waste is the fastest-growing waste stream in the world, with the 50 million tonnes currently generated globally predicted to grow to 75 million tonnes by 2035. The United Kingdom is the second-biggest generator of this waste per person in the world, so it is absolutely right that the Government are bringing forward measures to address it. I welcome the fact that this will be part of Defra’s wider circular economy strategy.

As has been said, we all buy and consume these things and try to recycle them, which can often be difficult to do. Many of these items are designed to be used once and then thrown away, and they are designed in such a way that it is almost impossible to take the batteries out of them. I call for further work to make sure that items are available on the marketplace from which it is actually possible to remove the batteries. I would really like to see a universal standard for that, particularly for vapes.

This statutory instrument applies to vapes and secondary online marketplaces, but the thread running through both of those is that the polluter should pay. We agree with that principle and it is welcome that it is here.

We agree with the Government’s plans for vapes to be put under the new categorisation 7.1. It was not correct that the toy and board-game industry was in part subsidising the recycling of vapes, which are far more dangerous and complicated to recycle.

I have tabled an amendment to the Tobacco and Vapes Bill to set minimum pricing for vape products. Picking up on what the noble Baroness said, I welcome the fact that Defra has brought forward measures to ban single-use vapes, but the truth is that manufacturers are finding ways around that by putting in a rechargeable point and a reusable coil. I have seen vapes selling online for as little as £2.99 which the manufacturers say pass the ban. To me, the answer is putting in minimum pricing and making sure that we have proper vaping products with long battery cycles that are designed to be reused, and keeping these products away from pocket-money prices and our children. I encourage the Minister to go further on those measures as part of the work of the Circular Economy Taskforce. That is an issue, but we welcome the measures in these regulations.

I turn to the second part, on the online marketplace and overseas sales. On the issue of dealing with the freeloading problem of online marketplaces that have been exempt from the regulations and have not been meeting the costs of the e-waste that they generate, whereas our bricks-and-mortar sellers have been, it is right that that will change and we welcome it. We also welcome the reclassification, which is good. Just for context, it is estimated that over 1 million tonnes of electronic waste are added to the UK marketplace each year via these platforms. That is a lot of stuff, which they need to be responsible for. Some have worried that this could impact online suppliers and that some might withdraw from the UK market. We do not share those concerns. We think these measures are properly set out and see no reason why they cannot be absorbed.

I conclude by asking the Minister a couple of questions. While we welcome the measures, they are quite complex and are being introduced quite quickly, and they will involve a lot of reporting, monitoring and verification and compliance mechanisms, which are required under the regulations. My questions to the Minister are as follows. Are there enough resources available within Defra? Is there enough time for doing this stuff? Does it have the appropriate staff available? Does it have the right procedures in place to monitor the impacts to make sure that enforcement is properly done?

With that, we welcome the regulations, and we look forward to this Government going further in these areas.

[Lord Roborough (Con)]

My Lords, I also thank the Minister for introducing the statutory instrument and outlining its objectives. The ambition to ensure that all producers contribute fairly to the costs of collecting and treating waste electrical and electronic equipment is one that few would dispute. Indeed, His Majesty’s Official Opposition are in full support of these regulations.

This instrument makes two key changes. First, it makes online marketplace operators responsible for the WEEE obligations linked to electrical goods sold into the UK by non-UK sellers using their platforms. Secondly, it creates a new, separate category for e-cigarettes, vapes and heated tobacco products, removing them from the broader toys and leisure equipment category. Both are necessary steps to address long-standing imbalances.

Like the noble Earl, Lord Russell, I shall pose a number of questions that I hope the Government will consider as implementation progresses. First, on making online marketplace operators responsible for waste costs, what analysis has been conducted to assess likely compliance rates among these operators? Ensuring that the law translates into meaningful change is essential, and enforcement should be at the heart of that.

Secondly, how confident are the Government that enforcement will be sufficiently resourced, especially given past difficulties with online sellers who fall outside UK jurisdiction, as mentioned by my noble friend Lady McIntosh of Pickering? While it is logical to shift responsibility to platforms with a physical or legal UK presence, is there a risk that some operators may still find routes to avoid liability, either by reclassifying their service or by restructuring seller arrangements?

Thirdly, on the methodology for calculating the volume of electrical and electronic equipment sold through online platforms, how prescriptive is the guidance expected to be? Will methodologies be subject to review or audit by regulators to ensure transparency and comparability?

I turn to the creation of a dedicated vape category— I should declare an interest as a 15-year vaper myself—which we are told will allow for more targeted collection targets and financial obligations. How clearly defined will this new category be in practice, given the rapid evolution of vaping and nicotine delivery technologies? Will the Government commit to regularly reviewing the scope of this category to ensure it remains fit for purpose?

I would also welcome the Minister’s views on the transitional provisions. Are the timelines, particularly 15 November and 31 January, realistic for smaller operators, especially those newly brought into scope? What communication plans are in place to ensure these businesses are fully informed? Effective communication here will be important to the success of the instrument. I note that smaller producers that place less than 5 tonnes of electrical and electronic equipment on the market remain exempt from full financial obligations. Does this de minimis threshold continue to strike the right balance between supporting small business and ensuring environmental responsibility? I was hoping the Minister could help explain how the Government reached this threshold, which seems rather large.

In conclusion, we welcome the intent behind these regulations to create a fairer, more enforceable system, but, in doing so, we must ensure that compliance is not only a legal requirement but a level playing field. That requires clarity, transparency and, above all, careful oversight. I look forward to hearing how the Government will monitor these reforms and respond to the questions they inevitably raise.

[Baroness Hayman of Ullock (Lab)]

Looking at the annunciator, I am wondering whether it is worth starting, but let us give it a go; I think we are going to be interrupted.

I thank all noble Lords who have taken part in this debate for their contributions. We are very grateful for the broad support for the regulations and the recognition that they are important. I will turn to the comments and try to answer as many questions as I can. If there are any outstanding—I think particularly on the specific questions from the noble Baroness, Lady Bennett— I am happy to come back in writing, as usual, to ensure we have covered everything.

The noble Baroness, Lady McIntosh, and the noble Earl, Lord Russell, asked about online marketplaces, as did other noble Lords. Just to make clear, after the regulations come into force, online marketplaces that are not already registered with a producer compliance scheme must do so by the deadline of 15 November 2025. All online marketplaces will be required to submit the methodology they will use to determine the amount of electricals placed on the market via their platform by their overseas sellers by 15 November.

This data submission is a new requirement. The reason for it is that we need to better understand the volume of products being sold into the UK by overseas sellers through online marketplaces. A lot of the compliance and enforcement around this will be dependent on the data and information we have. Online marketplaces will then be required to report this data on a quarterly basis in line with existing reporting obligations. This is subject to transitional provisions, which have been made to reflect that the regulations enter into force part way through the year. Online marketplaces will be required to report this data only for the period after the regulation enters force through to December 2025. They must do so by 31 January 2026.

The Secretary of State will then set a national collection target for 2026 for each of the categories of electrical equipment. The regulators will then issue producer compliance schemes with a share of this target on a market share basis. The fees will then be apportioned among the producers within a particular producer compliance scheme based on their market share within a particular category in the previous year. For online marketplaces, this will be based on the data they report from the date the regulations enter into force until December 2025. As the noble Earl, Lord Russell, said, it is quite complicated, but it is important we get this right. That seems like a good place to stop.