The Government last indicated, in August this year, that it
would have draft implementing regulations ready for consultation
before the year end and passed by June 2006. Today it admitted that
the draft regulations won't be published until next spring. The
consultation process will then take a further 8–10 weeks before the
regulations can be laid before Parliament.
The Government today announced that it is undertaking an
immediate review of its progress on implementing the
Directive on Waste Electrical and Electronic
Equipment (known as the WEEE Directive).
“We have listened to the concerns expressed by both the business
community and other stakeholders over the implementation process
and have decided that more time is needed to get the implementation
right,” said Energy Minister Malcolm Wicks today. “Although any
further delay is regrettable, this will ultimately deliver far
greater environmental benefits.”
The European Commission has already threatened the UK Government
with court proceedings for its failure to implement the law.
A Department of Trade and Industry spokesman told OUT-LAW today,
"We'll work closely with the European Commission during our review
and consultation to reaffirm our commitment to implementing this
Directive and implementing it effectively."
He also pointed out that Commission proceedings for
non-implementation of a Directive can take two years or so – and
that during this time, the Government can remedy the problem simply
by implementing the law.
Background
The WEEE Directive aims to address the environmental impact of
electrical and electronic equipment (EEE) and to promote its
separate collection when it becomes waste (WEEE). WEEE is a
priority waste stream for the EU because of its growing volume in
the municipal waste stream and its potential hazardousness
following disposal.
The Directive introduces producer responsibility for waste
electrical and electronic equipment (WEEE). Producers will have to
finance treatment and recycling/recovery of separately collected
WEEE in the UK to specified treatment standards and
recycling/recovery targets. Retailers will have an obligation to
offer take-back services to householders.
Another EU law, the Directive on the Restriction of the Use of
Hazardous Substances (RoHS Directive) facilitates the dismantling
and recycling of waste electrical and electronic equipment by
restricting the use of hazardous substances used in their
manufacture. It is due to be in force from 1st July 2006.
Member States were supposed to have implementing legislation for
both Directives in place by August 2004, but only Greece
complied.
Regulations implementing the RoHS Directive were laid before
Parliament on 7th October and will meet their implementation
deadline.
