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

Baroness Bennett of Manor Castle Excerpts

Tuesday 15th July 2025 Grand Committee

[Baroness McIntosh of Pickering (Con)]

My Lords, I am grateful to the Minister for introducing these regulations, which I warmly welcome and support. In the case of her road haulier friend, I hope that he had good insurance and was able to recover the costs and get back on the road again. I have a couple of questions in order to understand more of the detail of how the regulations will work.

The Minister mentioned Amazon and eBay, but one that keeps bobbing up, although I have never actually used it, is Temu, which seems to be everywhere for everybody. I welcome what the Minister is proposing in respect of online marketplace operators, but my question is how it will work in connection with the electrical goods to which the regulations refer. When one makes a purchase—obviously, I have used one of the companies to which the Minister referred, which I do not want to advertise, as there are others available—at what stage will the regulations kick into effect? How will her department police the operations as smoothly as the regulations envisage?

Paragraph 5.5 of the Explanatory Memorandum clearly states:

“There are difficulties with enforcement of the 2013 Regulations against non-UK based suppliers”.


Obviously, one of the reasons that electrical goods are cheaper online is because the suppliers have not been paying for the costs of disposal. One question, therefore, is: will they now be more expensive as a result of the regulations, although people will be competing more fairly? It is no secret that the rise in online shopping has been one of the greatest challenges to traditional retailers up and down the country, including out-of-town shopping centres and market towns. I personally want to see market towns recover, although I know that there are a number of other issues, including parking. Paragraph 5.5 goes on to say:

“The intention of this SI is to ensure that OMP operators who facilitate these sales into the UK are responsible for those costs, ensuring the costs are distributed more fairly”.


Presumably, the reporting that the statutory instrument is making a requirement will ensure that such operators are in the system, so to speak.

The Minister has identified how flammable and how dangerous some of these items can be. My other question is: what is the normal disposal mechanism for, in particular, e-cigarettes, vapes, heated tobacco products and other similar items? In previous debates on statutory instruments in this very Room, we have discussed how important vaping is in getting people to switch from smoking and in the prevention of smoking in future, although there are obvious dangers where young people are vaping for the first time, which I know the Government are seeking to address.

It seems odd that, originally and currently, e-cigarettes, vapes and heated tobacco products fall within category 7 under the WEEE directive, which category also covers toys and leisure equipment. Will they be recategorised, so that vapes are taken out of that category? The Minister will not remember, but there was a toy safety directive when I was a Member of the European Parliament, and I was even a Member of the European Parliament when the WEEE directive appeared in its first incarnation. The toy safety directive covered such things as teddy bears’ eyes—if a child could eat them, they had to be carefully disposed of—and it impacted charity shops on the high street, which had to deal with them separately.

I should like to understand how these e-cigarettes, vapes and heated tobacco products will be disposed of and what the financial costs of the collection, treatment and recovery are estimated to be. Will the onus be on the user of these products to dispose of them safely and in a responsible manner?

With those few remarks, I wish the Minister well with the regulations, and I hope that they go on to make a positive impact.

[Baroness Bennett of Manor Castle (GP)]

My Lords, it is a pleasure to follow the noble Baroness, Lady McIntosh of Pickering. I thank the Minister for her introduction. I have a few specific questions, particularly relating to online marketplaces.

We can probably all come up with a list of half a dozen large websites that we would expect to be selling these products, but I have a little awareness—possibly more than most Members of your Lordships House, but still not that great—of things such as Discord servers, which are not very visible or open to the public but require membership. A lot of selling, particularly to young people, may take place through these layers of the internet, which be at the top layer of the TikToks and eBays and so on. How will the Government ensure that we are not going to see the cheapest products ending up further and further down the chain of legibility to government and regulators. I would be interested in understanding a bit more about how the Government will enforce these regulations. How they will find the sellers and work out who owns them and who owns the websites? What level of enforcement is going to happen?

I take this opportunity to pay testimony to the work of Action on Smoking and Health. At an ASH event that I attended downstairs a week or so back, they had a disposable vape and a reusable vape, and the trick question was: which was which? They were indistinguishable. I also note recent reports that many shops that used to sell disposable vapes are now selling reusable ones, but the same shops do not sell refills. Such shops are just taking things called reusable vapes and still treating them as disposable vapes. If the Minister is unable to answer that now, I will understand if she wants to write to me. When we are talking about managing the waste problem, although there is a sense that we have dealt with the problem of single-use vapes because we have passed a law, I would question that. From what I have seen and has been said to me, how much have we changed the reality on the ground?

My other question comes from practical experience. Last week, I happened to be in the middle of Dudley town centre where I saw what is perhaps a measure of the socioeconomic usage of vaping. The noble Baroness, Lady McIntosh, referred to the fact that vaping was supposed to be for people giving up cigarettes; the last statistic that I saw suggests that there are 1 million people in the UK who vape who have never smoked tobacco. In the middle of Dudley town centre, the borough council had provided a specific bin for the disposal of vapes.

My question to the Minister, therefore, follows on from the probably fairly modest extra revenue that these regulations will raise. How will we ensure that the funds raised actually go to the people incurring the costs? I am thinking of the financial impact on councils in particular—I declare my interest as a vice-president of the Local Government Association—but also any other bodies that may be forced to deal with the disposal of what may or may not be single-use or reusable vapes.

--- Later in debate ---

[Baroness Hayman of Ullock (Lab)]

I shall continue to try to cover noble Lords’ questions and comments.

The noble Lord, Lord Roborough, asked about compliance and guidance. New guidance will be published to help online marketplaces understand the new obligations; it will, I hope, help with compliance if there is clear guidance on what the expectations are. This will include guidance on the transitional arrangements so that online marketplaces understand their obligations in respect of the data that they submit after the regulations come into force in 2026. We are looking at doing this to make sure that people are clear on what their responsibilities are and to increase compliance with the regulations.

Costs were asked about. The impact of the policy means that online marketplaces—the producers—will be liable for end-of-life costs, as I explained in my introduction. Currently, that obligation is supposed to be met by overseas sellers, but there is a high level of non-compliance. This again comes back to compliance. The new obligations on online market producers therefore represent either a cost transfer from their overseas sellers or a fairer reallocation of costs that currently fall disproportionately on UK businesses. We think that these costs are likely to be passported back to overseas sellers via their contractual arrangements with their online marketplaces. The new costs are, therefore, related primarily to familiarisation costs; we estimate that they will be between £1,014 and £3,926, which is quite precise, depending on the size of the business.

The noble Earl, Lord Russell, asked about the circular economy strategy and how this measure will fit into that. The strategy and the road maps are designed to create a future where we keep our resources in use for longer; where waste is reduced; where we accelerate the path to net zero; and where we see more investment in critical infrastructure. Within the scope of the circular economy strategy that we are developing, we will also develop a long-term road map for reforming all the different key sectors. Electricals is one of the sectors for which we are going to develop a road map; that will set out a number of short-term, medium-term and long-term interventions to make the sector more circular. We are planning to publish that circular economy strategy in the autumn, after which it will go out for consultation. The noble Earl may be interested in looking at that when it is out.

The noble Baroness, Lady McIntosh, mentioned enforcement in the first place. The WEEE regulations are enforced by the Environment Agency and by its equivalents in Northern Ireland, Scotland and Wales because, obviously, this matter is devolved. They will need to ensure both that online marketplaces are registering with the producer compliance scheme, as I explained, and that they are submitting the data. Again, that data will enable us to ensure that compliance is being met and, where it is not, to enforce. Similarly, the producers of vapes and other similar products will also need to submit data to the Environment Agency on the amount of products that they are placing on the market in the new category, which has been discussed.

The noble Baroness, Lady McIntosh, talked about timing and the noble Earl, Lord Russell, talked about timescales. Following the consultation by the previous Government, which took place in the first half of last year, both measures were supported: 87% supported our measures on online marketplaces and 91% were in favour of the proposal on the new category for vapes, which is pretty conclusive. Because of that, we are bringing the legislation forward now so that the changes can be made ahead of the compliance year next year; we thought that, because there was so much support and it is such a problem, it was important to move forward quickly.

Resources were also mentioned—and here is my brief, as if by magic. We are working very closely with our regulators to ensure they have all the necessary resources they need. I believe strongly that there is no point in bringing in legislation if you cannot enforce it, and you cannot enforce it if you do not have the resources. An example of this is that we have already provided £10 million to trading standards for vape and tobacco enforcement. We are taking that very seriously.

The noble Baroness, Lady McIntosh, asked when the obligations are going to come into force. They would come into force 21 days after they are made, which, if approved by both Houses, we would expect to be later on this summer, or potentially in the autumn, but we are hoping to do this quite quickly. That would mean that they would pick up the financial obligation in the 2026 compliance period. They would be required to pay the registration fee to the producer compliance scheme when they join on 15 November, as I mentioned earlier. We think that most of the schemes would look to spread the costs throughout the year, and many would also likely invoice their producer members on a quarterly basis.

The new obligations for producers were mentioned, particularly the new category 7. As we have heard, for vapes and similar products, we are creating this new electronic and electrical equipment category in Schedule 3 to the regulations. We took that decision because it is not right for vapes to be currently categorised as toys, leisure and sports equipment. We thank noble Lords for their support for that decision. The creation of the new category is to ensure that producers of vapes and other similar products pay fairly for the treatment, recovery and environmentally sound disposal of the goods they place on the market. Again, the reporting of the data under the new category will kick in as soon as the regulations have come into force. This new category, of course, is particularly aimed at:

“Any device … intended to be used for the consumption of tobacco products, nicotine or any substance containing nicotine, non-nicotine liquids, herbal smoking products, vaping substances, nicotine-containing vapour or any other such products”


or electricals. It covers the whole broad spectrum. The examples of the devices will be in Schedule 4 to the regulations, which I stress is non-exhaustive.

The noble Baroness, Lady Bennett, talked about the single-use vapes ban and its effectiveness. It came into force, as noble Lords know, on 1 June. Obligations for review are set out in the legislation and include a review of enforcement and civil sanctions as soon as practicable after three years and a post-implementation review at least every five years. We are currently collecting the baseline data on the wholesalers and retailers of single-use vapes in England to support future assessments. Also, the Department of Health and Social Care monitors the current rates of smoking and vaping through various surveys, including the periodic survey on smoking, drinking and drug use among young people and the Action on Smoking and Health annual surveys. We will continue to monitor the effects of this legislation within that.

[Baroness Bennett of Manor Castle (GP)]

I thank the Minister for giving way. Three years is a long time if the effective ban on single-use vapes is not stopping them and the electronic waste and plastic waste associated with them. Is there some mechanism—after six months, say—for the Government to see if this really is not working and, if so, are the Government prepared to take some rapid action? Three years seems an age in this context.

[Baroness Hayman of Ullock (Lab)]

As the noble Baroness knows, most legislation is reviewed after five years, so three years is a fair time. It would become fairly obvious if the legislation were completely failing and not working. Presumably, any legislation that is not working needs to be reviewed and looked at in that context. I think three years is probably a fair point to start from and to have within the legislation.

On the question of whether the manufacturers could circumvent the ban, the way in which the ban and the legislation was drafted was to address many of those concerns. For example, there were suggestions that manufacturers could simply add a USB port to the end of a single-use device then call it reusable. To be legal for sale, a vape must be refillable, rechargeable and have a replaceable coil. It has to meet all three criteria. When that ban came in, those considerations were looked at—and, of course, local authorities act as the regulator for the ban and are responsible for enforcing the regulations.