Out-Law News 2 min. read

Recycling IT equipment in the UK: DTI consults again


Businesses will soon be obliged to recycle their old IT and telecoms equipment under new laws that are due to come into force throughout the EU next year. The UK Government has now launched a second consultation into the changes.

Businesses will soon be obliged to recycle their old IT and telecoms equipment under new laws that are due to come into force throughout the EU next year. The UK Government has now launched a second consultation into the changes.

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, to be implemented in all Member States by August 2004.

The 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 UK Government first consulted on implementation of the Directives in March. In that paper, it described what the Directives do and sought views on issues such as finance and collection. This latest consultation sets out the Government's proposals and seeks views from businesses, local authorities and other interested parties.

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 major points of the consultation, issued by the DTI at the end of November are as follows:

Implementation

In brief, the Government's preferred option for implementation of the rules is a national "clearing house" - funded by manufacturers - which will provide free collection of WEEE from local waste management sites and other WEEE collection points around the UK so that it can be taken for treatment, recovery and recycling.

Alternatively the Government suggests either:

"an organisation run by manufacturers and importers, which arranges collection, treatment and recovery of WEEE from municipalities or retailers, with funding via a visible fee on a range of products."

Or

"a system of tradable notes for the recycling of WEEE, and possibly also for treatment. This would be a more purely market-based approach, with producers having to meet their producer responsibility obligations by buying sufficient WEEE recycling notes from recyclers as evidence of having discharged their obligations."

Take-back

The WEEE Directive imposes a requirement for retailers to take-back EEE products when selling new ones to consumers. The Government offers two options for retailers selling these goods – either to "offer in-store take-back", or to "join a take-back compliance scheme to fulfill collection obligations on their behalf."

Funding

It is proposed that producers will be responsible for funding the "recovery and recycling of WEEE".

Reuse of EEE

In terms of the WEEE Directive Member States are obliged to encourage the reuse of EEE. The Government seeks views on how this could be done, but suggests performance indicators or incentives as possible solutions. The consultation document gives several other proposals.

Announcing the consultation, Energy Minister Stephen Timms said:

"These proposals will bring enormous environmental benefits and will contribute towards the development of more sustainable products. The Government is committed to implementing the Directive in a proportionate way, delivering the environmental benefits without damaging UK competitiveness."

The consultation will remain open until 1st March 2004.

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