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Equipment recycling rules postponed in UK for third time


The Department of Trade and Industry has announced that major parts of an EU law requiring businesses to recycle their old IT and telecoms equipment will not come into force in the UK until June 2006 – which will be 10 months late.

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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