The Past, Present and Future of WEEE

On the 1st July 2007, local authorities prepared themselves, as much as possible, for the introduction of the
WEEE Directive. At first glance the process appeared to be fairly simple. Sign up to be a Designated Collection Facility (DCF) and then select a Producer Compliance Scheme (PCS) to collect the waste from each of your sites.

From a local authority perspective the requirements were fairly straightforward; however, no one had anticipated the
derailment of the WEEE allocation centre, designed to match local authorities wth PCSs so close to the implementation date, therefore it became ‘open season’ on local authority DCFs for all the approved PCSs. Some PCSs sought to secure as many local authority contracts as possible.

A slow start
This initial ‘bedding down’ period had limited initial effect on local authorities, they simply signed up to a PCS and the WEEE began being collected. However, whilst on the surface things appeared to be working, on the flip side of the coin, problems began mounting. It became apparent that some PCS operators were collecting vastly over and above their market share, counter to the Regulations which state “PCSs should aim to collect an amount of WEEE equivalent to their members needs,” which is calculated on the amount of WEEE its members placed on the market. Very quickly, this led to some PCSs capturing huge amounts of surplus WEEE with no obvious means of financing the work involved in collecting and treating it.

As anticipated and in common with the introduction of any major regulatory change there was an initial slow start up
period as local authority WEEE collection ramped up from July 1st 2007; most UK councils were fully in the system by the end of December 2007. However, it was only a matter of time before they began to see cause for concern and experience operational and other difficulties that were sure to emanate from PCSs over committing on WEEE collections.

Where are we now?
Those PCSs that have over-collected have struggled to cope with the extra WEEE they have contracted for. At the other end of the scale, those PCSs who have as a result been forced to under-collect needed to buy evidence from the over-collecting schemes to ensure that the first compliance WEEE targets were met. The challenge now is to
ensure there is a fair WEEE distribution system which evolves with minimal disruption for local authorities or their site operators and which allows PCSs to compete on a level playing field.

Councils across the UK have already begun to voice their concerns, research recently conducted by compliance scheme
ERP – the European Recycling Platform – for the Recycling and Waste Forum 2008 indicated that 3 per cent of councils will definitely change their existing agreement in the coming months. While 32 per cent of councils said they would review their existing PCS agreement in the coming months, but not necessarily change their partner, and 12 per cent said they were unsure whether to change schemes or not. Put another way, the survey shows almost 50% are unhappy with their initial choice of PCS and many took out only short term contracts to allow for easy changeover.

The initial problems it seems clear stem from over collection of WEEE by PCS operators. The end of the first compliance period and reconciliation in June 2008 provides irrefutable evidence of over collection and the enforcement authorities now have the ability to act to ensure that PCSs only collect their market share of WEEE waste. There is no need for any disruption at DCF site level as any market transition takes place. It remains quite feasible and practical for DCF sites to maintain their current site operators. Over collection of WEEE is not a single issue it is the fate of the WEEE once collected that creates problems down the line.

So what are the options for councils when it comes to WEEE collection?
Do nothing – Stay with your existing PCS operator if you are happy and if it can demonstrate it has the capacity to absorb the estimated WEEE your sites will generate without over collection beyond its members needs.

Agree for another PCS operator to work with your existing operator – In this instance a company such as REPIC would
work with the existing PCS and site operator to ensure that the WEEE is collected according to market share, transported and treated at no extra cost to the Council and with no disruption to existing processes. The LA site would see no difference to now.

Change PCS operator – The Council could decide it is unhappy with the current service it is receiving and decide to sign up with an entirely different PCS altogether but remember to check the new PCS has the capacity to take your WEEE.

Nothing ever stands still and it is important to note that the European Commission has recently issued a consultation document covering the WEEE Directive review, with particular focus on collection targets for PCS operators.

So, what does all of this mean for local authorities? In all honesty, unless councils decide to make changes to their existing PCS agreements, superficially they should see very little change happening. The onus is on the PCS operators, of which there are 40 registered for 2008, to work together to share access to the WEEE that is collected. According to Schedule 7 parts 3 and 4 of the WEEE directive this is already a requirement and it can happen in the background with no effect at site level.

What does the future hold?
Where do we go from here? Well as we have already established, a number of councils have acknowledged their unhappiness with their existing PCS agreements and are either looking for a quick escape route or a way in which they can adapt their agreements. Without gazing into a crystal ball it is impossible to predict how much change will take place over the coming months. However, it is a safe bet, if the survey is accurate that we will see a significant increase in councils looking to change their existing agreements.

Don’t Worry
Although the future is likely to evolve and change councils should not worry. In the event that the decision is taken to reevaluate a PCS agreement, solutions are already available which can make the transition as seamless as possible.  In terms of REPIC’s capabilities, it can be as flexible as it needs to be. Off the shelf solutions are not suitable for local authorities, as everyone has very different needs and working practices. REPIC has been set up in such a way that enables us to work well with PCS agreements already in place, preventing any disruption to the site status quo.  REPIC is committed to working with Local authorities to increase the amount of WEEE diverted from landfill, helping
improve local authority recycling targets and the environment.

Pre-empt problems
There are steps which councils can take to pre-empt any potential problems which may occur when signing up with a
new PCS agreement. At the initial discussion stages councils need to ask two simple questions:

What is the market share of your scheme?
Are you able to contract for our anticipated WEEE volumes, without breaching your requirement to collect
WEEE equivalent to your needs under schedule 7 parts 3 and 4 of the WEEE Directive.

It is important that local authorities maintain their awareness of the issues surrounding WEEE but do not make any
rash decisions. Local authorities should ensure their PCS operator is reliable, flexible and financially sound and importantly avoid being swayed by incentives that subsequently may not materialise.

Good Position
Local authorities are in a good position to assess their current WEEE situation and make changes where they see fit, there are a variety of options available but it’s important not to ‘jump ship’ too soon. Contact REPIC to discuss your existing agreement to see how it could evolve, but also remember to keep your eyes peeled for updates from the European Commission on the WEEE Directive, which may have an effect on the future of all WEEE collection activities.