SWWMG: March 2012 LEGISLATION UPDATE: WEEE RECAST, THE WASTE REGULATIONS 2011 AND CIVIL SANCTIONS

Why a WEEE Directive? From the Directive: “The amount of WEEE generated in the Community is growing rapidly. The content of hazardous components in electrical and electronic equipment (EEE) is a major concern during the waste management phase and recycling of WEEE is not undertaken to a sufficient extent.”

WEEE Recast Existing Directive (2002/96/EU) has applied since 13 August 2005 WEEE Recast – new requirements are likely to apply from January 2014 The main changes are: scope and scope exclusions, new member state collection target, higher recovery, reuse and recycling targets, illegal shipments and new distributor/retailer obligations

Scope The new Directive proposes the original 10 categories (large household appliances etc.) for 6 years in a ‘closed’ scope basis (plus the addition of PV panels in category 4). Then, streamlined into 6 Categories on an ‘open’ scope basis: Temperature exchange equipment, screens and monitors, lamps, other large, small ICT, other small.

New Collection targets Currently 4kgs/pa separately collected WEEE from private households From 2016 a move to 45% POTM basis From 2019 this target will change to either 65% POTM or 85% of WEEE generated.

Recovery, reuse and recycling targets Introduction of 70% recovery and 50% recycling for Category 8 (Medical Devices) immediately All targets to be increased by 5% after 3 years with a new 80% recycling target for gas discharge lamps Within 4 years the Commission will examine the case for a mandatory 5% reuse target to be shown separately from the recycling target level

Illegal Shipments Introduction of minimum monitoring requirements for the shipment of WEEE/used EEE Interface with Waste Shipments Regulations

WEEE Forward Look New UK Regulations will come into force in 2014 New Guidance late 2013 Further details from BIS website: sectors/environmental and-product- regulations/environmental-regulations

The Waste (England and Wales) Regulations 2011 Came into force on 29 th March 2011 Update some aspects of waste controls Regulations implement the revised waste Framework Directive

Using the Waste Management Hierarchy Need to consider the hierarchy of waste management options REDUCE (Waste Minimisation) REUSE RECYCLE (inc. composting) RECOVER DISPOSE

Waste Transfer Notes From 28 th September 2011 declaration on transfer note (or consignment note for hazardous waste) that the waste management hierarchy has been applied. Include 2007 Standard Industrial Classification (SIC) Codes

Changes for Waste Carriers, Brokers and Dealers There will be 3 types of registrant: carriers (those who actually move waste) dealers (those who use an agent to buy and sell waste) and brokers (those who arrange for the movement/disposal of waste on behalf of others). The term ‘Dealer’ is a new term.

Upper Tier Registration If you are a waste carrier, broker or dealer but you are not a 'specified person' you will need to register in the Upper Tier. All those who are currently registered and not professionally exempt will automatically be transferred to the Upper Tier. This includes those who carry their own construction and demolition waste. The existing renewal date will remain valid.

Lower Tier Registration The Lower Tier are those referred to as 'specified persons' in the Waste (England and Wales) Regulations This group includes all those who are currently registered as professionally exempt. In general this refers to waste authorities, charities, voluntary organisations and those who only manage wastes from agricultural premises, animal by products wastes or wastes from mines or quarries. Those that are currently registered as professionally exempt will automatically be transferred to the Lower Tier. From the end of December 2013 anyone who normally and regularly carries their own business waste (excluding construction and demolition waste) will need to register in the Lower Tier.

RES Act Civil Sanctions RES Act Fixed Monetary Penalties Stop Notice Enforcement Undertaking Variable Monetary Penalty Compliance NoticeRestoration Notice

EUs accepted To date 32 EUs have been accepted in regard to packaging offences 3 of these have been proactive, the remainder are reactive. 3 in the Wessex Area MITIE Catering Services Ltd. (Donation of £7263 to Tress for Cities) Fitness First (Donation of £8621 to the Dorset Wildlife Trust) Kondor Ltd (Donation of £8250 to the Dorset Wildlife Trust)

Upton Heath Restoration June 2011 a fire on Upton Heath devastated one third of the heathland. It will take 10 years to re-establish the heathland and the Dorset Wildlife Trust are managing the recovery of the ecosystem for the full range of rare plants and animals. Donations received from Kondor Ltd. and Fitness First from Enforcement Undertakings are being spent on a range of methods to restore and manage the heathland.

Upton Heath Restoration Brushcutting machinery is being used to manage scrub, control bracken and grass and to mow fire defendabale lines. The scheme is also helping to launch and equip the new Heathwatch volunteers from the local community, who will help to patrol the heath. The heath has been managed by Dorset Wildlife Trust for 14 years. It is home to 6 British reptile species, 19 species of dragonfly and damselfly, silver-studded blue butterflies, raft spiders, rare breeding birds including the Dartford warbler, nightjar and hobby, rare plants as well as many mammals. Andy Fale, Dorset Wildlife Trust Warden, says the donation has been a life-saver for wildlife on the Heath.

UPTON HEATH

Roe looking for fawn on Upton Heath

Thank You Tessa Bowering Senior Environment officer Direct dial: