Producer responsibility regulations under scrutiny

The UKs four producer responsibility regimes derive from four separate EU Directives covering waste packaging, batteries, waste electrical and electronic equipment (WEEE) and end of life vehicles (ELVs). They are designed to ensure that producers bear the costs of collecting and recycling a proportion of the products they place on the market.

However, there are significant differences between the regimes which has led to criticism from those businesses that have to comply about the burden placed on them.

In line with the Governments Red Tape Challenge and as part of the its commitment to improve regulation, the Department for Environment, Food and Rural Affairs (Defra) and Department for Business, Innovation and Skills (BIS) are currently reviewing all Producer Responsibility regimes.

Ideas

Over the past few months, they have been listening to ideas from stakeholders about how the various regulations could be improved and officials have identified a number of measures which they might take forward (see letsrecycle.com story).

Now, the Department has published a list of measures which it believes merit further consideration, ahead of a consultation early next year. Issues relating specifically to the WEEE and ELV Regulations are not covered in the tables because the WEEE review has a broader scope as it is linked to the implementation of the recast of the WEEE Directive and stakeholder engagement on the development of the UKs ELV regime is ongoing.

Changes

Possible changes impacting upon all regimes include:

• The use of common terminology across all regimes;
• The introduction of de minimise positions across packaging, batteries and WEEE regimes which remove similar sized small businesses from regulatory burden;
• The adoption of a flexible position for carry forward on evidence of compliance;
• The introduction of group registrations across all regimes;
• A single common process for recovering fees;
• Single accreditation/approval process for reprocessors/exporters/AATFs operating across regimes.

For packaging in particular, Defra is also considering a number of interesting measures. Notably, these include:

• The introduction of split targets for plastics by format, polymer type or source to drive collection of the hard to reach material;
• Making the compliance scheme code of conduct mandatory;
• Exploring options to reform the PRN/PERN system to even out an disparity in the playing field between exports and domestic reprocessing and remove any perverse incentives to generate poor quality recyclates, by for example linking the value of the PRN/PERN to the quality of recyclate.

Meanwhile for batteries, the department is considering:

• Removing the requirement on compliance schemes to run information campaigns on batteries recycling;
• Reviewing the obligations places on distance sellers and petrol stations (where they may create a fire risk)to take back waste batteries;
• Reviewing the point at which battery recycling evidence is issued, so that evidence can only be produced on batteries once they have been exported or recycled.

Consultation

Writing in the document, which was issued in July, Defras producer responsibility unit said: Over the next few weeks, we will start working up policy proposals and options which aim to address those issues/ideas listed in the tables below. We are aiming to launch consultation/s on any proposed amendments to the Regulations in early 2013.

The Department stressed that these measures will not necessarily appear in a formal consultation exercise if they were likely to cost more or there are legal obstacles.