Thought piece on the upcoming Defra WEEE consultation, by Clément Gaubert, Head of Wastecare Compliance
A long wait
In 2012 the government consulted on the reform of the WEEE Regulations which had been in place since 2007. At the time, Defra’s ambition was to deliver a system that would be more transparent and cheaper for producers. 12 years later, it is generally believed the current system has failed to deliver on these two key objectives. Even more disappointedly the system hasn’t been successful at consistently increasing WEEE collections year on year.
The long-awaited consultation on the reform of the 2013 WEEE Regulations which closes on Thursday offers a unique chance to address the critical flaws of the existing system and an opportunity to deliver more convenience for consumers while ensuring the new system is underpinned by the Extended Producer Responsibility (EPR) principles.
Major challenges
Stakes are high when we consider the current economic, social and environmental context. WEEE remains the fastest growing waste stream, while the UK is one of the largest producers of e-waste in the world, with 24kg of WEEE produced on average per inhabitant[1].
Consumer awareness is poor and household waste recycling rates, in England alone, haven’t surpassed 45.5%.
Most electricals contain precious and rare metals that are of important strategic value for developed economies (the EU recently implemented the Critical Raw Materials Act[2] to address this challenge).
Finally, electricals disposed in residual waste represent a considerable fire risk with potential devastating consequences for people and equipment (lithium-ion batteries are responsible for half of all waste fires occurring in the UK each year[3]).
Key proposals
The consultation covers several key proposals that we welcome. The creation of a new separate category for vapes will ensure vapes producers cover a fair producer responsibility cost. Similarly, the introduction of new financial responsibility for online marketplaces is another sensible proposal that we are keen to see implemented as early as possible.
Defra wants to bring more convenience for consumers by extending producer responsibility to the doorstep and strengthening the existing distributor takeback obligations placed on retailers and online sellers.
First Defra wants to see producers (and distributors that do not provide take-back services) finance a new kerbside collection of small WEEE and on-demand collections of large WEEE for households. Although we support this proposal in principle it is important to ensure this measure will be a practical and cost-effective way to consistently divert WEEE from residual waste.
Secondly large retailers will be required to provide free takeback of unwanted electrical equipment in store without the need to purchase a new item (0:1 takeback). This change will be challenging for some retailers. Retailers that are also producers could see an opportunity to maximise takeback volume to reduce their producer compliance cost.
Transparency and governance
Three different organisations are currently approved to operate elements of the current system that affect producers’ and retailers’ cost: the compliance fee, Distributor Take-back Scheme (DTS) and the PCS Balancing System (PBS). Information on how much PCSs rely on the compliance fee and the PBS to comply isn’t publicly available. This lack of transparency must be addressed.
Defra propose to create a new Scheme Administrator body to manage these mechanisms as well as other specific functions of the revised WEEE system on behalf of producers and other stakeholders. If the Scheme Administrator is carefully designed to represent the whole industry, it will be great opportunity to bring more transparency to the system.
Right incentives for PCSs
The new proposals will deliver much needed changes if they are supported by robust enforcement. Producers’ free riding remains a considerable issue and large volumes of WEEE are lost to unregulated or illegal disposal routes.
But more importantly Defra must deliver the right incentives for PCSs to collect as much WEEE as they possible can. We urge Defra to build the right mechanisms that encourage and reward proactive PCSs’ investing in household WEEE collections. Rightly or wrongly the last reform aimed to put an end to PCSs arguably profiteering from collecting above their annual target. This led to the introduction of the compliance fee as an alternative way for PCSs, below their target, to comply, which in turn led to a remarkable apathy from some PCSs to collect WEEE.
Industry engagement
We hope Defra will reflect on the difficult delivery of EPR for Packaging. Five years after the initial consultation on the reform of the packaging producer responsibility system the new Regulations have yet to be fully implemented, which continues to cause considerable frustration within the industry.
To deliver a fully formed and functioning EPR system for WEEE Defra will need to maintain the regular and constructive engagement with PCSs and other industry stakeholders that it has so far demonstrated. But this consultation is merely the beginning of a long process and, to use a couple of clichés; Defra will need to set a clear direction of travel to keep up the momentum.
As a leading WEEE recycler and compliance scheme we look forward to playing an active role in the design and implementation of the new WEEE system.
[1] Environmental Audit Committee’s report Electronic Waste and the Circular Economy
[2] https://single-market-economy.ec.europa.eu/sectors/raw-materials/areas-specific-interest/critical-raw-materials/critical-raw-materials-act_en
[3] Lithium-Ion Battery Waste Fires Costing The UK Over £100m A Year
