Transcript Document

SWWMG: September 2012
LEGISLATION UPDATE
Review of the UK’s Producer
Responsibility Obligations
The UK’s 4 PR regimes derive from 4 separate EU Directives (Packaging
and Packaging Waste, Waste Batteries and Accumulators, WEEE and
ELV).
Each Directive applies the principle of ‘producer responsibility’ to a
different product category.
Common financial objective of ensuring that producers bear the costs of
collecting, treating and recycling/recovering a proportion of the products
they place on the market to meet targets and standards.
Similar administrative processes .
However, there are still significant differences between the regimes.
Policy Review
• Defra and BIS are currently reviewing all PR regimes
• Issues raised from stakeholders will require regulatory
amendments if taken forward
• Consultation/s on any proposed amendments to the
Regulations in early 2013
Coherence issues considered in
review
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Explore options for revising/introducing de minimis positions across all
3 regimes which removes similar sized businesses from regulatory
burden.
Review options for direct registration
Review adoption of same registration process and requirements across
regimes
Consider potential for all producer data on product handled to be based
on previous calendar year or years.
Consider group registrations across all regimes
Adopt a common position with regards to any products which are
placed on the market and which are subsequently exported.
Review the late registration fees and data submission fees.
Introduce civil sanctions for all regimes
Packaging Specific Issues
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Consider increasing the range for the allocation method within the
regulations
Consider introducing a Class D supply (wholesale/distribution) which
would introduce a new category of producers in the Regulations
Consider split targets for plastics : by format (bottle, film etc.), polymer
type and source (household/commercial & industrial)
Batteries Specific Issues
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Review the current exemption for small distributors from the
requirement to take back batteries
For automotive and industrial batteries – review whether the producer
responsibility requirements for producers are an effective mechanism
for ensuring that end users can access free take back if they want to.
WEEE Recast
• New requirements are likely to apply from early 2014
• Main Changes
• - Scope and scope exclusions
• - New member states collection target
• - Higher recovery, reuse and recycling targets
• - Illegal shipments
• - New distributor/retailer obligations
Scope
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Currently there are 10 categories: Large Household Appliances, small
household appliances, IT & telecomms equipment, Consumer
equipment, lighting equipment, electrical and electronic tools, toys,
leisure & sports equipment, medical devices, monitoring and control
instruments and automatic dispensers.
Under the new Directive the original 10 categories on an closed scope
basis (plus the addition of photovoltaic panels in Category 4) for 6
years.
The streamlined to 6 categories on an open scope basis – temperature
exchange equipment, screens and monitors, lamps, other large, small
ICT and other small.
Scope – agreed exclusions
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Straightaway: military equipment, equipment designed and installed as
part of another type of equipment not within scope, filament bulbs and
household luminaires (exclusion to end on move to ‘open scope’).
On move to ‘open scope’: equipment designed to be sent into space,
large scale industrial tools, large scale fixed installations, the means of
transport, non-road mobile machinery for professional use, R&D
equipment only available on B2B basis, infective medical devices, pipe
organs installed in churches.
Collection Targets
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Collection target from 2016 of 45% of electronic equipment sold
From 2019 a target of 65% of equipment sold OR 85% of electronic
waste generated
Up to UK government to choose which one of the 2019 targets to go
for. This will mean legislation will need to be amended by February
2014.
Recovery, reuse and recycling targets
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Introduction of 70% recovery and 50% recycling for Category 8
(Medical devices) immediately
All targets to increase by 5% after 3 years
Within 4 years the Commission will examine the case for a mandatory
5% reuse target to be shown separately from the recycling target level
New Distributor/Retailer Obligation
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For all retail outlets with an EEE sales area over 400m2 – the retailer
must take back any small item of WEEE in-store at no charge to the
consumer and without an obligation to buy anything new.
Illegal Shipments
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Recast Directive obliges exporters to test whether equipment works or
not and provide documents on the nature of shipments that could
otherwise be considered illegal
Changes to the Packaging
Regulations
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Consultation on proposed new recovery and recycling targets for the
next 5 years (from 2013).
Preferred option is for higher targets for aluminium, plastic and steel
with glass recycling split by end user i.e. melting or crushing for
aggregate.
The glass obligation would then be met by at least 63% re-melt
evidence with the remaining 37% being met by glass-aggregate. Glass
reprocessors will be able to issue specific glass re-melt or glassaggregate PRNs.
Glass split – to encourage more glass to be collected as a single colour
glass which can be re-melted to form new glass which is more carbon
efficient than glass which is sent for use in aggregate.
Small scale heat treatment of waste
plastics for recovery
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Under the previous exemptions regime 2 exemptions from
environmental permitting allowed the treatment of waste plastics (para
11 and 14).
Under the new regime these exemptions were replaced by U9 and T4.
Neither of these allow heat treatment of waste.
Due to this restriction companies undertaking this activity would require
a bespoke permit
A standard rules permit is being developed to ensure these operations
have proportionate regulation
A position statement is in place until the SRP is in place as sites
currently operating under paras 11 and 14 would have to cease
operations or have a bespoke permit in place by 1 October 2012.
Position statement to be reviewed in October 2013
Thank You
Tessa Bowering
Senior Environment officer
Direct dial: 01258 483416
[email protected]