Environment Agency requests clarification of its WEEE role

In its response to the government's draft regulations the Agency has said it will have a duty to enforce the regulations, but it is unsure as to the extent of this role.

The response stated: “The draft regulations indicate that the Agency will have a duty to enforce these regulations. The Agency would need any such duty to be more clearly defined and adequately resourced.”

The Agency has also said that it will need to agree with government the level of enforcement and compliance monitoring required in advance of the legislation starting on August 13 next year.

The Secretary of State will be responsible for approving producer and retailer compliance schemes but the Agency will be responsible for registering them. According to the Environment Agency a provision for a registration fee is made but the level is not specified. It claims that it will be difficult to determine a registration fee should be until a level of enforcement and monitoring has been established.

Clearing house

Another concern of the Agency is its relationship with a National Clearing House. The Clearing House could be empowered to register producers of electronic equipment, either individually or through a compliance scheme. Once amounts of WEEE are decided it will be the job of the NCH to allocate obligations to producer or their schemes.

The Agency will be responsible for enforcing these requirements but it claims that until an organisation has been appointed to act as a Clearing House the Agency will find things difficult. It said: “Until an organisation has been appointed to perform the functions of a National Clearing House and its status confirmed, which may not be until early 2005, it is difficult to assess the extent of enforcement necessary to effect the required level of control.”

The Environmental Agency also echoed the views of many within the industry, including Biffa and European Metal Recycling collaboration Transform, that the timescale may need altering.

It claimed that the tight timescale given to itself and industry to prepare for the new regulations may not be workable. It said: “Without early resolution it may not be possible for the Agency to determine any WEEE permit applications received in the timescale which should apply under the WEEE Directive.”