Out-Law News 3 min. read
19 Apr 2013, 2:19 pm
Responding to issues raised as part of its review of environmental regulations and its policy of reducing the number of regulations , its preferred options include compulsory collection targets based on market share, with the imposition of fees for waste producers if these targets are not met; or matching collection sites to existing compliance schemes. The consultation on the proposals also raises the possibility of replacing the current market-driven multi-scheme approach with a single national compliance scheme. However the prospect of a national scheme has not proved to be a popular alternative with the waste industry.
Environmental law expert Eluned Watson of Pinsent Masons, the law firm behind Out-Law.com, said that the adoption of either of the Government's two preferred options would lead to a "radical transformation" of the current regime.
The recast Waste Electrical and Electronic Equipment (WEEE) Directive (34-page / 978KB PDF) was published in August 2012 and came into force in August 2012. It introduces ambitious new collection targets for producers of WEEE, and covers a wider range of electronic equipment. Member States must implement the changes and introduce new national regulations by 14 February 2014. New UK regulations are intended to come into force on 1 January 2014.
"The consultation offers real opportunities for the industry to shape the future of the WEEE regime and to overcome the current industry consensus that producers of EEE have generally incurred excessive costs in meeting their financial obligations to collect, treat, recycle and recover their share of WEEE arising under the existing regime," said Watson.
"It is crucial that all stakeholders including producers, retailers, distance sellers, distributors of EEE, local authorities, waste management and treatment companies consider the wider implications of the proposed changes to the WEEE regime" she said.
WEEE, or e-waste, is one of the fastest growing waste streams, according to the European Commission. However, only one third of e-waste generated is separately collected through existing frameworks. The previous WEEE Directive, which came into force in February 2003, made manufacturers and producers responsible for the safe collection and disposal of used equipment and required Member States to create mandatory free collection schemes.
The updated WEEE Directive will introduce an initial collection target of 45% of electronic equipment sold from 2016, rising to 65% of equipment sold or 85% of waste generated from 2019. In addition, from 2018 the rules will apply to all types of electronic waste by ending many exemptions for old or difficult-to-collect items.
In his introduction to the consultation, Business Minister Michael Fallon said that the UK Government was committed to balancing its obligations under UK law with its stated commitment to minimise regulatory burdens for businesses. During the Government's review of existing environmental regulations as part of its 'Red Tape Challenge', producers of electrical and electronic equipment raised concerns about the cost of compliance with the existing regime, he said.
The consultation sets out four possible options for reducing the amount that producers pay through WEEE compliance schemes in line with the true cost of processing waste. These are to do nothing; to develop a single national producer compliance scheme; to retain competition between schemes but to set targets based on market share; and to match compliance schemes with collection sites. The last two of these options are the Government's preferred approaches, according to the consultation.
It also proposes the creation of an additional individual producer responsibility (IPR) scheme, where producers pay the cost of treating their own products at the end of their life. This is intended to give producers an economic and commercial incentive to design products that are easily repaired, recovered or recycled.
The consultation also intends to simplify compliance requirements for small producers that fall below a set threshold, to be determined according to the results of the consultation exercise. The Government favours a five tonne limit, but will consider alternative proposals. Producers that fall below the threshold would not be required to join a compliance scheme, but would still have to register with the relevant environment agency and report the "tonnage" they place on the market annually.
"Small EEE companies have argued strongly that the cost of compliance with the current WEEE Regulations is disproportionate when set against the potential environmental harm caused by their products, and will particularly welcome this proposal," said environmental law expert Eluned Watson. "The Government proposes to set the threshold at five tonnes and estimates that this could impact 3,420 producers. This will assist in reducing burdens on smaller companies."
