Memorandum submitted by the Environment
Agency (E5)
1. SUMMARY
There are a number of learning points that have
arisen from the work undertaken in implementing the End of Life
Vehicles and Waste Electrical and Electronic Equipment Directives.
A number of lessons learnt from the implementation of the End
of Life Vehicles Directive have been taken forward in the work
programme for the Waste Electrical and Electronic Equipment Directive.
— There is a need for a clear documented
transposition and implementation timetable as early as possible
in the regulatory development process. This has to be updated
as required.
— One Department should take the overall
lead in managing the transposition process. Ideally this should
be within a project-based framework.
— New Directives should be implemented
in a way that harmonises with existing regimes and takes full
account of the modernising regulatory approaches being developed
by Defra and the Agency.
— An assessment of all the potential
impacts arising from the implementation of a Directive is needed
to ensure that unintended consequences are minimised and that
the cumulative impacts of different Directives are understood.
— These Directives have required further
negotiation to resolve outstanding issues. This has caused uncertainty
in the planning and implementation process.
— The Agency would welcome the opportunity,
in a structured way, to become more directly involved in the negotiation
of key Directives. This was also recommended by the Better Regulation
Taskforce's report "Environmental Regulation getting the
message across".
2. INTRODUCTION
2.1 The Environment Agency ("the Agency")
welcomes the opportunity to submit evidence to the Environment,
Food and Rural Affairs Committee's Inquiry into the Government's
preparations for the implementation of the End-of-Life Vehicles
Directive (2000/53/EC) and the Waste Electrical and Electronic
Equipment Directive (2002/96/EC).
2.2 The transposition of both Directives
will give rise to new duties for the Agency. In particular we
will have responsibility for: regulating storage sites and treatment
facilities for both End of Life Vehicles (ELVs) and Waste Electrical
and Electrical Equipment (WEEE) monitoring and enforcement of
those sites to ensure compliance, and monitoring and enforcement
of non-permitted sites.
2.3 There are other duties, which may fall
to the Agency under both Directives but as yet these are unclear.
For example, registering producers, importers and compliance schemes
for producer responsibility obligations and also for auditing
achievement of recovery and recycling obligations of producers
under both the ELV and WEEE Regulations. These are important aspects
of the Directive and accountability and resources for these needs
to be determined.
2.4 From the Agency's experience there are
four main issues which need to be considered in the implementation
of these two Directives:
— a clear timetable for transposition
and implementation which is kept up to date;
— one Department should take the overall
lead in managing the transposition process, ideally within a project-based
framework;
— new regimes need to be implemented
in a way that harmonises with existing ones and that takes full
account of the modernising regulatory approaches being developed
by Defra and the Agency; and
— an assessment of all the potential
impacts arising from the implementation process is needed to ensure
that unintended consequences are minimised and that the cumulative
impacts of different Directives are understood.
2.5 The implementation of the WEEE Directive
is benefiting from the lessons learnt from the ELV Directive work.
THE END
OF LIFE
VEHICLES DIRECTIVE
3.1 The End of Life Vehicles Directive was
published in September 2000 and should have been transposed in
the UK by 21 April 2002. The Directive was incomplete at the time
of publication.
3.2 Several key implementation issues remain
unresolved. These include:
— the extent to which producers will
be responsible for the costs of treating End of Life Vehicles
from January 2007;
— demonstration of recovery and recycling
targets by producers from 2006; and
— requirements for issuing Certificates
of Destruction (CoD) by Authorised Treatment Facilities.
3.3 The DTI has overall responsibility for
the Directive's transposition, whilst Defra had specific responsibility
for developing the Regulations for permitting of Authorised Treatment
Facilities.
3.4 The delays in transposing the Directive
have caused the Agency significant difficulties in planning and
preparing for the permitting and other workloads associated with
this legislation. The Agency's role in respect of the Producer
Responsibility aspects remains uncertain.
3.5 There is a need for a clear understanding
of the roles and responsibilities of both DTi and Defra in terms
of overall lead, co-ordination and individual work terms.
3.6 The need for good co-ordination can
be exemplified by the work on Certificates of Destruction (CoD).
Certificates of Destruction can only be issued by Authorised Treatment
Facilities permitted by the Environment Agencies. Whilst the permitting
aspects of the Directive have been led by Defra, the Certificates
of Destruction system, which will be managed by the Driver and
Vehicle Licensing Agency (DVLA), has been led by the DTI.
3.7 It now appears that there will be two
sets of regulations: the first for permitting of Authorised Treatment
Facilities and covering the restriction of heavy metals in the
manufacturing of motor vehicles and the second will cover producer
responsibility requirements, including recovery and recycling
targets. The consultation paper covering the second set of regulations
has yet to be issued by the DTI.
3.8 For the End of Life Vehicles Directive,
the first tranche of Regulations are expected to be in place by
the end of October 2003. These will require the permitting, by
31 March 2004, of about 1,500 existing "exempt" sites.
Implementing a new regime to this timescale will have an impact
on existing Agency operational work. It is only recently that
Government has agreed the permitting approach.
3.9 Un-de-polluted End of Life Vehicles
are classified as hazardous waste under the European Waste Catalogue
(EWC). Technical guidance on the removal of fluids and components
to render an End of Life Vehicle non-hazardous has been developed
through a joint Government/Agency project but the status of that
guidance is still to be agreed.
3.10 The Government took an early decision
to make last owners take on the costs of End of Life Vehicle de-pollution
until 2007. In its response to the Government's first consultation
on the implementation of the End of Life Vehicles Directive in
2001, the Agency warned of the potential consequences of this
policy. Because last owners will take on the costs of de-pollution
the temptation to abandon those vehicles will be even greater
than at the present time. At present, of the UK total of two million
End of Life Vehicles processed through vehicle dismantling operators
and scrap metal shredders each year, 300,000 will have been abandoned.
3.11 Alternative options available to offset
the costs of de-pollution and limit the potential for last owners
to abandon their End of Life Vehicles, through subsidised or fully
funded disposal or take back schemes which could include: funding
from Government, through the purchase price of new vehicles or
higher vehicle excise duty.
4. THE WASTE
ELECTRICAL AND
ELECTRONIC EQUIPMENT
DIRECTIVE
4.1 The Waste Electrical and Electronic
Equipment Directive was published in February 2003 and should
be transposed into domestic legislation by 13 August 2004.
4.2 The Agency has been encouraged by the
project-based approach to the transposition of the Waste Electrical
and Electronic Equipment Directive that has been adopted by Government.
A number of lessons have been learned from implementation of the
End of Life Vehicles Directive.
4.3 The DTI has taken the overall lead on
Waste Electrical and Electronic Equipment and developed a comprehensive
planning framework. A policy manager and policy advisor from the
Agency are represented on the core implementation team, which
comprises staff from the DTI, Defra and the Environment Agencies.
Members of the team underwent joint project-management training
early in 2003.
4.4 The core implementation team was responsible
for the production of the initial discussion paper issued in March
2003, is now developing the consultation paper due to be issued
in November 2003 and the draft Regulations in spring 2004. The
project team is supported by a wider Advisory Group representing
other Government Departments.
4.5 To date, each of the key milestones
in the project plan have been reached on time.
4.6 Defra has timed its broader waste permitting
review to meet the permitting requirements of the Waste Electrical
and Electronic Equipment Directive. The Agency is working closely
with Defra on this review that aims to deliver a more responsive
and proportionate permitting regime. We strongly support this
initiative and have seconded two members of staff to work with
colleagues at Defra. We are hopeful that the review will fully
inform the permitting arrangements for sites handling Waste Electrical
and Electronic Equipment.
4.7 Stakeholder forums were established
and over 30 seminars were organised throughout the UK prior to
the publication of the Directive. The three-stage consultation
strategy and the provision of up-to-date information on the DTI's
website have helped to raise awareness of the Directive's requirements
and the various implementation options. A communications strategy
has been developed and guides to the Directive are being prepared
to promote understanding amongst affected businesses and to maximise
participation in the consultation process.
4.8 A number of difficult issues still need
to be resolved with the Waste Electrical and Electronic Equipment
Directive. For example there are no de minimis provisions
in respect of producers and taken literally, the Directive requirements
could extend to petrol driven lawn mowers, musical greeting cards
and gas cookers.
4.9 Article 9 is being renegotiated, reporting
requirements have yet to be clarified and the scope of the Directive
is still being evaluated by the Technical Adaptation Committee.
The DTI is leading in trying to resolve these issues at a European
level.
4.10 Another issue still to be resolved
is the standard to which Authorised Treatment Facilities processing
Waste Electrical and Electronic Equipment should be working by
2005. Industry is seeking clarification on whether the various
operations and treatments required under the Waste Electrical
and Electronic Equipment Directive can be undertaken after specialist
shredding or whether more manual handling and therefore more costly
preparation of Waste Electrical and Electronic Equipment will
be demanded, as appears to be required under the Directive.
October 2003
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