Out-Law News 1 min. read

IT equipment recycling law: third DTI consultation


The Department of Trade and Industry (DTI) last week launched its third and final consultation on the UK's implementation of an EU law requiring businesses to recycle their old IT and telecoms equipment. Responses are requested by 29th October.

The EU's Waste Electrical Electronic Equipment (WEEE) Directive and the Restricting Certain Hazardous Substances (ROHS) Directive in electrical goods came into effect in February last year, to be implemented in all Member States by August 2004 - although the UK will miss this deadline.

Both Directives apply to a wide range of products, including IT, telecoms, TV, Video, hi-fi, electrical and electronic tools, toys, sports equipment and medical devices.

The WEEE Directive sets criteria for the collection, treatment, recycling and recovery of waste electrical and electronic equipment. It makes "producers" responsible for financing most of these activities, and the Department of Trade and Industry suggests a maximum penalty of two years imprisonment and an unlimited fine for those failing to comply. Producers include manufacturers and resellers of equipment purchased outside the EU. Private householders are to be able to return WEEE without charge.

The ROHS Directive facilitates the dismantling and recycling of waste electrical and electronic equipment by restricting the use of hazardous substances used in their manufacture.

The UK Government first consulted on the implementation of the Directives in March and then November last year. This new consultation was due to take place prior to the summer, and its late release means that the UK will miss the implementation deadline of 13th August.

The consultation papers set out the regulatory framework for the implementation of 'producer responsibility'. This imposes an obligation on retailers to offer consumers free take-back of WEEE from August 2005 - either through an in-store take-back program, or membership of a take-back compliance scheme that would fulfil collection obligations on behalf of the retailer.

The consultation also confirms the Government's aim to continue to work with business to establish the National Clearing House (NCH) for WEEE. The NCH, which the Government says is widely supported by stakeholders, will co-ordinate the collection of WEEE from central sites and administer the allocation of obligations to producers.

The Government seems to expect that it will be difficult to reach agreement on the NCH, commenting in the report that "The establishment of an NCH poses a major timetable challenge." It calls upon waste producers to take the lead in moving the NCH forward.

Responses to the consultation document are required by no later than 29th October 2004.

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