Data Select Ltd, formed by Dragons Den judge and entrepreneur Peter Jones in 1998, is based in Marlow, Buckinghamshire and claims to be the largest distributor of mobile phones to the UK market. It pleaded guilty to seven charges at High Wycombe Magistrates Court last Wednesday (June 18).
In a case brought by the Environment Agency, the company was fined a total of 17,640, ordered to pay 2,670 in compensation and pay costs of 3,557 for its failure to register with a compliance scheme between 2007 and 2012.
However, the Agency said that it accepted that there was never any intention by Data Select Ltd to deliberately avoid registration with a compliance scheme.
The Court heard that Data Select Ltd was identified by the Environment Agency as a possible importer of electrical and electronic equipment but had not registered with a compliance scheme. The Environment Agency said it wrote to Data Select Ltd asking the company to complete the standard proforma for the Waste Electrical and Electronic Equipment (WEEE) Regulations 2006. Data Select Ltd stated that as a company, they did not import, manufacture or rebrand electrical or electronic equipment.
Regulations
Explaining the regulations, an Agency statement said: Companies who import, manufacture or rebrand electrical and electronic equipment (EEE) and put these goods on the market in the UK have a responsibility to register with a compliance scheme every year. They also need to finance the cost of treating and recovering the product they sell and provide information on the dismantling and disposal of the products at the end of their life.
The Environment Agency said that after investigation, including correspondence and a visit to the companys premises, it was discovered that Data Select Ltd was in actual fact importing items from China. The Agency said that after an interview under caution, it informed the company that it did have obligations under the WEEE Regulations and should be registered with a compliance scheme.
In notes on the case, the Agency said that the company had stated that it had provided the wrong information to the Environment Agency in the standard proforma, but that this was an honest and innocent mistake. The Agency also noted that after its visit, the company fully cooperated with it and provided full details of imports.
Compliance
Data Select has since registered with producer compliance scheme WeeeCare, and has been deemed to be fully compliant with the WEEE Regulations. The company stated that if it had known of the obligation it would have registered with a compliance scheme earlier.
The Environment Agency said it accepted that there was never any intention to deliberately avoid registering with a compliance scheme and added that no direct environmental harm is likely to have resulted from the offences.
Sue Gebbels, an environment officer at the Environment Agency, said: We are pleased the court has taken this action. WEEE regulations are based on the polluter pays principle and electrical and electronic equipment is one of the fastest growing waste streams. These items also contain many hazardous components which have a harmful effect on the environment and need to be disposed of correctly.
We always try to work with companies to help them meet the requirements of their obligations. However, where companies fail to respond, we will take firm enforcement action. Companies that deal with electrical and electronic equipment should be aware of the correct way to run their business to ensure they are not harming the environment or breaking the law. Anyone in any doubt as to their responsibilities should contact us immediately for further guidance.
When contacted for comment this week by letsrecycle.com, Data Select Ltd declined to comment on the case.
Subscribe for free