Legislation & Directives

WEEE Regulations

  The DTI (renamed the Department for Business, Enterprise and Regulatory reform or BERR in Gordon Brown's new government) has recently issued comprehensive Guidance Notes on the WEEE Regulations which can be found on www.berr.gov.uk under ‘WEEE Guidance’. It is quick to point out that the document is not definitive and has no legal authority. There still remain many grey areas and DTI/BERR makes the point that these guidance notes will be regularly reviewed as matters become clearer.

 If you are concerned about your status under the Regulations, you are strongly encouraged to visit the DTI/BERR website and read the complete document.

 The main issues seem to be:

•   Timetable:
  • producers to join Producer Compliance Scheme within 28 days of 15 March; failure to do so is an offence.
  • Product Marking of EEE to commence on 1 April 2007.
  • Producer Compliance commences on 1 July 2007.
  • Distributor obligations commence on 1 July 2007.
•  You are a Producer if you:
  • manufacture EEE under your own brand
  • sell EEE in the UK under your own brand manufactured by another
  • import EEE and introduce to UK Market
  • are a UK business that places EEE in any other European Member State market by distance selling
   and have to join a Producer Compliance Scheme.

• You are a Distributor if you are:
  • a Retailer
  • a Wholesaler
  The strong inference is that an installer is NOT a Distributor.

As a Distributor you have an obligation to take back like for very similar WEEE when selling a new item, and you have to have this delivered to a Producer’s Compliance Scheme Collect point.

• Consumers have no right to free collection of WEEE from their homes.
• Business to Business WEEE parties can make their own commercial arrangements.

There is barely any reference to Installers and it appears that any activity as a consequence of the WEEE Regulations should therefore be a business opportunity.

WEEE Compliance Schemes

• The WEEE Regulations came into force on 2 January 2007.
• A producer putting electrical and electronic equipment (EEE) within the scope of the WEEE Regulations onto the UK market must join a Producer Compliance Scheme by 15 March 2007. (See Circular No. 66 of 2006)
• Producer obligations start 1 July 2007.

A list of the organisations offering WEEE Compliance Schemes is available here.

Update on the WEEE Directive Implementation

As part of the DTI's consultation on the implementation of the WEEE Directive in the UK, two documents were made available in July 2006 - 'Part I, Draft implementation of Directives 2002/96/EC and 2003/108/EC on Waste Electrical and Electronic Equipment' and 'Part II, Draft guidance to the Waste Electrical and Electronic Equipment Regulations'. These are available to download from http://www.berr.gov.uk/.

The timetable for the transposition of the Directive into UK law:

• Producer compliance schemes, National distribution take back scheme, Designated collection facilities will all be required shortly after the regulations come into effect.
• Applications from producers to the Environment Agencies for compliance schemes from 4 January 2007
• Requirement to have joined a producer compliance scheme by 15 March 2007
• Producer marking EEE to assist separate collection - 1 April 2007
• Producer obligations - 1 July 2007

Proceeds of Crimes Act 2002 and Money Laundering Regulations 2003

In 2004, his Honour, Judge Thornton, identified the possible consequences of ‘recent’ money laundering legislation and its potential for affecting participants of the Construction Industry, i.e. ECA members.

Our understanding of the law is as follows:

The main industries affected are those whose primary business activity involves the manipulation of money as a commodity i.e. accountants, banks, currency exchangers, investment businesses etc.

 However the new legislation has also been extended to include:

• Tax services
• Insolvency practitioners
• High Value Dealers
• Estate Agents work, and others.

It is now a crime when a person knowingly or suspecting that another person is engaged in laundering money fails to report it to the authorities.

To this end, the National Criminal Intelligence Service (NCIS) has been briefed to receive these tips offs. Not only is there an obligation to tip off the authorities, there is also an obligation not to ‘tip off’ the suspect.

All this is couched in a new series of acronyms e.g. STR and MLRO.

To explain, organisations involved in the above activities, (Banking, insurance etc.,) will be creating an organisational liaising position termed a Money Laundering Reporting Officer (MLRO). Any employee who suspects he is party to or is witnessing a suspicious activity, then has to raise a Suspicious Transaction Report (STR), which is relayed to the NCIS through their MLRO.

Construction activity, often being of ‘high value’, is caught within the gambit of the act by virtue of being a ‘High Value Dealer’ but this is not really a new obligation as the Criminal Justice Act 1988 (as amended) always made it a requirement to report illegal activity.

Problems can be encountered if a party subject to a ‘tip off’ subsequently wishes to see ‘their records’ under the Data Protection Act. In this instance it is a duty of the MLRO to withhold any information appertaining to the STR.

Chartered or Certified Accountants will have received advice about this legislation and concerns can be raised with them initially.

Waste Carrier Registration

ECA Members who carry waste in the course of their business have to be registered by the Environment Agency. Since 14 October 1991, it has been an offence to transport "Controlled Waste" in the course of business if you are not a registered carrier.

"Controlled Waste" is any household, industrial or commercial waste, including building and demolition waste.

Members must apply for registration at their local area office of the Environment Agency. The General Enquiry line is 0845 9333 111.

The registration fee is £130 for a three year period, renewal is £89.

Further information – ECA Manual items 3.40.03 and 3.40.04.

Environment Agency website:  http://www.environment-agency.gov.uk/

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