Correspondence from the Permanent Secretary,
Department for Environment, Food and Rural Affairs to Dixons Group
plc, 5 October 2001
Thank you for your letter of 18 September, regarding
new legislation that will affect the management of end-of-life
white goods, in particular fridges and freezers.
I and my colleagues in DEFRA do recognise that
these new requirements have the potential to cause disruption
to existing mechanisms for dealing with waste refrigeration equipment.
I can assure you that DEFRA officials have invested a great deal
of time and effort into understanding the complexities of these
issues. We have been working hard to design control regimes that
deliver European requirements and better environmental protection
while minimising the burden placed on industry and local authorities.
It might be helpful if I set out the background
to some of the issues you raised.
You are right in suggesting that waste electrical
equipment will become hazardous waste next year. This is one of
many changes that will result from the recent amendment of the
European Hazardous Waste List. However, we do not intend to extend
our hazardous waste controls (the Special Waste Regulations) to
newly hazardous wastes until we have revised, more proportionate,
measures in place. The new hazardous waste control system will
reflect that fact that many everyday wastes produced by households
will become hazardous. The new regulations, including the revised
hazardous waste list, are likely to come into force in the summer
of 2002. A second consultation paper, incorporating draft legislation
will be issued within the next few weeks and I shall ensure that
you receive a copy.
The question of exemptions for hazardous waste
storage and treatment facilities is slightly more complex. It
is not directly related to the review of the Special Waste Regulations,
although the UK is under pressure from the European Commission
to tighten up legislation in this respect. Facilities for the
recovery of hazardous waste can benefit from waste management
licensing exemptions. However, any such exemptions need to be
notified to the European Commission and agreed by other Member
States. Furthermore, the exemption must set out general rules
set out in the Hazardous Waste Directive regarding the types of
facilities that can benefit and standards that must be met.
The exemption used by many electrical retailers
(exemption 28) has not been notified formally to the Commission,
neither does it contain appropriate general rules. We are currently
in the process of drafting robust amendments to exemption 28 that
will hopefully satisfy the Commission. The British Retail Consortium
has kindly agreed to assist in the design of the revised exemption,
which will be specifically targeted at electrical goods. I understand
that Dixons is represented on the BRC working group looking at
this issue.
Revised exemptions will hopefully be notified
to the European Commission early in 2002. It is our intention
that the current exemptions should stay in force until we have
alternatives available. We do not expect that currently exempt
premises will generally need full waste management licences.
Finally, and perhaps most importantly, there
is the question of the recent European Regulation on ozone depleting
substances. As you stay, this Regulation will add significantly
to the cost of disposing of end-of-life refrigeration equipment
and new facilities will be necessary. Officials from this Department
and DTI are working closely with stakeholders to devise a new
waste collection and management systems with the aim of preserving
the best elements of the existing infrastructure. Again, Dixons
and other electrical retailers are closely involved in this process
and your contribution is welcome.
I am sure that you will appreciate that I cannot,
at this stage, give you detailed answers to all the points that
you raise. However, I can assure you that we share your sense
of urgency and that we will keep you fully informed of and involved
in developments.
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