The Restriction of the Use of Certain Hazardous Substances
(RoHS) in Electrical and Electronic Equipment Regulations 2005 will
come into force on 1st July 2006, while rules to implement the
European Union’s (EU) Waste Electrical and Electronic Equipment
(WEEE) Directive are likely to be in force in June next year.
The new rules will place the costs and obligations of producing
more environmentally friendly products, and ultimately disposing of
the products, on the producer who may be either a manufacturer or
importer in one or more EU states.
But PwC partner Marco Amitrano sees problems ahead.
“While complying with the new regulatory environment will be
critical, significant attention needs to be given to the wider
legal, accounting and risk management implications,” he said.
“Companies need to be developing strategic processes now to
manage WEEE and RoHS to ensure everything is in place for next
year. Data capture, cost modelling and tracking compliance are just
some of the important considerations,” he added.
According to PwC, companies operating in several EU countries
will face the greatest compliance challenges and will need to
consider the potentially different legal and regulatory models
implemented in each member state.
“A UK company does not have to comply until June 2006 (based on
the current expected timescale) but if it is selling products into
Germany for example, they need to be complying with German WEEE now
as its legislation has been implemented,” explained Amitrano.
Background
The WEEE Directive came into force in the EU on 13th August
2005. It sets criteria for the collection, treatment, recycling and
recovery of waste electrical and electronic equipment.
The RoHS Directive, on the other hand, regulates the dismantling
and recycling of waste electrical and electronic equipment by
restricting the use of hazardous substances used in their
manufacture.
Member States were supposed to have implementing legislation for
both Directives in place by August 2004. The UK missed the
deadline, blaming its delay on difficulties in publishing the draft
regulations and guidance notes. In August 2005 the Government
warned that major parts of the WEEE Directive would not come into
force until June next year, and has not yet published the
Regulations that will implement it.
But the Regulations implementing the RoHS Directive were laid
before Parliament on 7th October and will meet their implementation
deadline.
