EA grants two WEEE schemes stay of execution

This means that companies, such as Argos and SSL International who are current members of Biffa's Transform scheme and companies who are members of Econo-Weee such as StarCase UK and Static Control Components don't yet have to leave and find new schemes. However, other compliance schemes are known to be circling around Transform and Econo-Weee to get these member companies to leave and join their schemes for 2010.

Steven Skitt, regulatory team leader for producer responsibility, and Rob Scarpello, who has responsibility for scheme compliance and enforcement, have e-mailed both schemes' producer members.  The officials have told the members that they will waive the requirement for them to be signed up to an approved scheme for 2010 by October 15, pending the result of the schemes' appeals.

In a complicated e-mail sent to Transform's members, the Agency seeks to explains the situation but fails to explain what the problems are. It states: “Taking into account our enforcement and prosecution policy, we do not consider it to be appropriate for us to take enforcement action against current members of Transform for not being in an approved compliance scheme after 15 October 2009 while the scheme's appeal is being considered.

“We will advise you what we expect from producers once the appeal is concluded. In the meantime, you should contact Transform if you require further information.”

An identical e-mail has been sent to Econo-Weee's 400-plus members.

Econo-Weee had raised concerns that any delay in hearing an appeal could leave to a large proportion of its members leaving, and, earlier this week, it revealed that it had set up an arrangement with another WEEE scheme in a bid to avoid this happening (see letsrecycle.com story).

Appeal 

Under regulation 66 of the WEEE Regulations, the schemes' appeals are set to be heard by the Secretary of State, or someone they appoint to handle the cases.

The Agency explains in its e-mail to members that if the schemes are “able to show with updated information that they have a viable plan and their appeal is successful then they will become an approved producer compliance scheme for 2010. If they are unsuccessful, they will not be an approved scheme for 2010.”

The Agency has confirmed that there is an “unlimited” timeframe for the appeal to be heard, but, speaking to letsrecycle.com about the process, Econo-Weee's co-director John Kerr said that “we understand BIS is going to deal with this as a matter of urgency”.

Schemes

Mr Kerr added that the scheme had “served notice” on its producer member whose 700 tonne WEEE obligation was, Econo-Weee claim, the reason their initial application for re-approval was not successful.

Biffa has been expected to issue a statement but has not made any recent comment. However, scheme manager Sandeep Attwal has said to members who are being approached by other schemes: “As you will appreciate, we have no control over these schemes but do wish to reassure you that it is our intention to resolve this matter as quickly as possible and we would therefore ask that you take no action regarding your membership at the present time.”