Early support for WEEE changes

The Department announced last Friday (October 11) is to make a number of changes with the most significant being a bold decision to end the trading of evidence and instead set targets for compliance schemes as outlined in option three of the BIS consultation paper (see letsrecycle.com story).

Over the past few months there has been much discussion of the impact of the changes with differing views expressed. The announcement, last Friday, is seen as the start of bringing the process of change to a close although some in the sector consider that there may be such a level of disagreement that there could even be legal challenges to what BIS is proposing.

Welcomed

One of the advocates of change to the current system has been the REPIC compliance scheme and its chief executive, Philip Morton, welcomed the announcement.

“This is a positive newera for WEEE recycling”

Philip Morton, REPIC

Dr Morton said: REPIC welcomes the Governments decision to progress with option three as it provides all stakeholders with a pragmatic and fair solution while addressing the majority of concerns we put forward regarding the current WEEE system in the UK. This is a positive new era for WEEE recycling.

Option three was the most viable option from the outset and we very much support the added protection against producers having to fund a higher than true cost of recycling as well as the peace of mind that it provides to local authorities that 100% of WEEE will be collected regardless of any target.

We look forward to working constructively with all stakeholders to achieve a smooth and timely transition.

Evidence

Concerns about a new de minimis level for the WEEE regulations were voiced by Peter Hunt, managing director of Wastecare, although he too backed the end of evidence trading.

Mr Hunt said: Whilst it was widely anticipated, we welcome the banning of evidence trading set out in the new regulations. This has been the major cause of inflated compliance costs for UK WEEE producers.

“We also welcome the introduction of a de minimis level, which removes the disproportionate burden placed on small producers. We must recognise however that setting this atfive tonnes will result in a significant increase of material falling outside of the system impacting on the remaining producers and making the policing of producer compliance harder in the future.

However, Mr Hunt said that while he appreciated that BIS would continue to look in to the issues of individual producer responsibility and substantiated evidence, we would like to have seen these included in a more complete set of regulations rather than prolonging uncertainly.

And, he claimed that the new regulations also failed to clarify at what point B2C scrap becomes regarded as B2B (for generating evidence) and the lack of clarity and timing of compliance fee levels is unhelpful for schemes needing to make a call on whether to contract or pay the fee.

Burden

The changes were also endorsed by Budget Pack with WEEE account specialist Robbie Staniforth also commenting on the de minimis level.

“We will be helping producers below the new 5 tonnes threshold to manage their registration”

Robbie Staniforth, Budget Pack

Mr Staniforth said: We welcome this decision from the government that reduces the administrative burden on producers of EEE in the UK. We believe that a less onerous reporting process for small EEE producers will make it easier for companies to comply with the legislation.

On de minimis, the BIS document says that producers placing less that 5 tonnes of EEE on the market or having the intention of placing less that 5 tonnes of WEEE on the market in any compliance period will therefore fall under the de minimis threshold.

• The changes that apply to those falling below the threshold include:
  They will not be required to join a compliance scheme.
• They will be required to register directly with the relevant environment agency by 15 November in the year before the registration applies. For the 2014 compliance year that deadline will be extended to 31 January 2014.

BIS also says: In other respects companies taking advantage of the de minimis threshold will be required to comply with the producer obligations set out in the Regulations, including the requirements in relation to financing of WEEE from users other than private households. It is envisaged that some de minimis producers will choose to join a PCSs for assistance in discharging their obligations.

Mr Staniforth commented: We will be helping producers below the new 5 tonnes threshold to manage their registration and annual reporting to make it even easier. Were already doing this under the batteries and packaging regulations and look forward to making it as simple as possible.

And, he added that the government had taken a pragmatic approach by creating a new category for solar panels. Were glad to hear that they have listened to our advice.