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Guide to Contractual Options for B2B Equipment under WEEE
1st Mar, 2006

This guide has been drafted by a special working group set up by Orgalime to provide guidance and clarifications for producers in the field of business-to-business (B-2-B) contracts to respect the provisions of the WEEE Directive.

This document only concerns non-private household equipment, for which the Directive enables a contractual transfer of the obligations held by the producers. It provides information and suggestions for contract clauses for four possible options available to producers when dealing with their customers.

1. Retaining all obligations
2. Transferring all obligations
3. Transferring the obligations of financing only
4. Transferring the obligations of collection only

According to the WEEE Directive, the producer is responsible for the management of the waste electrical and electronic equipment and shall provide for the processing, recycling or disposal of it, as well as the costs and financing of the WEEE.

The aim of the guide is to clarify the options allowed by the Directive to transfer the obligations partly or as a whole to the user and to propose a set of standard provisions for the different options. It identifies the Member States in which these options can be used.

However, this document cannot include an exhaustive list of these options and all regulations of EU Member States. The clauses proposed in this guide are only examples that need to be adapted to specific cases while taking applicable national law into consideration. It is essential to verify that you fulfil all the conditions (type of equipment, contract, date of sale etc.) to use these clauses. These clauses can only be used in contracts between professional users. Producers must not conclude such clause with private users.