It is the third time that the implementation of the Directive on
Waste Electrical and Electronic Equipment (WEEE Directive) has been
delayed and the UK Government is already facing action from the
European Commission over its tardy implementation.
The WEEE Directive sets criteria for the collection, treatment,
recycling and recovery of waste electrical and electronic
equipment. It was due to come into force in August 2005, for the
original 15 Member States, and in August 2007 for the 10 new Member
States.
The Directive introduces producer responsibility for waste
electrical and electronic equipment (WEEE). Producers will have to
finance treatment and recycling/recovery of separately collected
WEEE in the UK to specified treatment standards and
recycling/recovery targets. Retailers have an obligation to offer
take-back services to householders.
Another EU law, the Directive on the Restriction of the Use of
Hazardous Substances (RoHS Directive) facilitates the dismantling
and recycling of waste electrical and electronic equipment by
restricting the use of hazardous substances used in their
manufacture. It is due to be in force from 1st July 2006.
Member States were supposed to have implementing legislation for
both Directives in place by August 2004, but only Greece complied.
The UK missed the deadline, blaming its delay on difficulties in
publishing the draft regulations and guidance notes, but promised
to have the necessary laws in place by October last year.
October came and went with no sign of any implementing
legislation. In April the DTI published an open letter advising
that it could no longer meet the deadline of 13th August because of
"major practical difficulties". January 2006 was the most likely
implementation date, it said.
The DTI has now delayed the coming into force of the legislation
for the third time, explaining that the postponement is necessary
in light “of the preparations needed for this legislation, which
breaks new ground for many of those involved, and continuing
concerns expressed by the business community and other
stakeholders.”
The timetable has now been put back from January 2006 to June
2006 in respect of the main provisions on producer responsibility
and retailer take-back obligations. This, says the DTI, should
allow sufficient time to establish an adequate network of
facilities for separate collection of WEEE for householders to
use.
According to the Government, the WEEE Regulations that will
transpose the main provisions of the WEEE Directive into UK law
should be published shortly.
"This Directive is about dealing effectively with electrical
waste which can be damaging to the environment. It is challenging
and has required a lot of planning and preparation but our priority
is to get this right," said DTI Minister Malcolm Wicks.
The announcement has been welcomed by trade group the Recycling
Electrical Producers Industry Consortium. According to Dr Philip
Morton, REPIC’s Chief Executive:
“We are in agreement with the Government
that a January 2006 implementation would have been premature. There
are several issues that require clarification to enable a workable
solution to be up and running from June 2006. We look forward to
working with the Government to achieve this goal.”
The Government is already facing action from the European
Commission over its implementation delays.
In July the Commission sent warning letters to eight EU Member
States, including the UK, which had failed to take the necessary
measures. If any Member State fails to comply with the request, the
Commission could take it before the European Court of Justice,
which could result in financial penalties.
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