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UK faces legal action for delaying IT waste law


The UK is among eight Member States that received written warnings from the European Commission today for failing to update their national laws with EU Directives tackling the environmental problems caused by electronic and electrical waste.

Environment Commissioner Stavros Dimas said:

“Nobody wants to see old computers and television sets piling up at the roadside and polluting the environment. Therefore efficient collection and recycling/reuse is necessary. Member States have agreed on ambitious legislation to tackle the problems caused by rapidly growing amounts of E-waste. But they also have to do the follow-up work and implement what they have agreed."

The other countries receiving warning letters are: Estonia, Finland, France, Greece, Italy, Malta and Poland. If any Member State fails to comply with today's request, the Commission could take it before the European Court of Justice, which could result in financial penalties.

About the Directives

The Directive on Waste Electrical and Electronic Equipment (WEEE Directive) was passed in 2002. It requires Member States to ensure the establishment of systems for the collection of e-waste by August 2005. Furthermore, they have to ensure its reuse, recovery and recycling, and the sound disposal of the remaining waste. The UK Government indicated in March that it will miss this deadline by around five months

When the collection systems are in place, consumers will be able to take these products back to shops and collection points for free. The Directive also sets collection, re-use and recycling targets and outlines the financial obligations of producers. A 2003 Directive amends the original WEEE Directive to further clarify those obligations with regard to the financing of professional (i.e. non-household) equipment.

The Directive on the Restriction of the Use of Hazardous Substances (RoHS) was passed at the same time. It bans certain hazardous substances from electronic equipment from 1st July 2006 onward to facilitate recycling, and to reduce emissions when the remaining e-waste is landfilled or incinerated.

The banned substances include heavy metals and a number of hazardous industrial chemicals. They can cause asthma and cancer, and damage the brain, liver, kidneys and the nervous and cardio-vascular systems.

According to the Commission, electro-scrap is the fastest growing waste stream in the EU, growing at 3–5% per year, which is three times faster than average waste. Each EU citizen currently produces around 17–20 kg of e-waste per year. Some 90% of this waste is still landfilled, incinerated, or recovered without any pre-treatment. This allows the substances it contains to make their way into soil, water and air where they pose a risk to human health.

Implementation problems

The transposition of all three Directives was due before 13 August 2004. France, Italy and the UK have failed to transpose all three Directives. Finland has not yet transposed the three Directives in the province of Aland. Greece has transposed the earlier WEEE and RoHS Directives, but not the amendment to the WEEE Directive. Estonia, Malta and Poland have transposed the RoHS Directive but not yet the WEEE Directive and its amendment.

The Commission has therefore sent final written warnings – the last step before referral to the European Court of Justice – to the eight Member States

When the UK missed the implementation deadline of August 2004 it initially blamed difficulties in publishing the draft regulations and guidance notes. It then promised to have the necessary laws in place by October last year. It failed again. Then, on 24th March 2005, the DTI published an open letter advising that “major practical difficulties” were still holding it up.

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