Dealers may be forced to “challenge” and inform the authorities of rogue producers under the forthcoming WEEE Directive.
After several delays, the Department of Trade and Industry finally launched the guidance notes for the Directive last week ““ 11 weeks after the regulations were put before Parliament on December 12.
Once producers have signed up to a compliance scheme, each scheme has then until March 31 to register its members with the relevant environment agency, which will issue each producer with a producer registration number.
The producer will need to give this registration number to anyone who distributes or sells their products. However, in the guidance notes, clause 76 states: “A registered producer must provide its producer registration number to distributors (retailers) when they supply electrical products.
“The Government expects distributors (retailers) of electrical products to only sell them in the UK from a producer who has registered as a producer under the WEEE regulations.
“If a distributor (retailer) is unable to obtain a producer registration number from the producer, it should challenge that producer.”
The Forum of Private Business claims that the idea of challenging and reporting unregistered producers is “another example of how ludicrous some of the responsibilities and burdens that are being put on retailers has become”.
An FPB spokesman said: “Retailers cannot police something else that another business should be responsible for.
“It’s a very long and complicated directive and we will wait and see how it pans out in practice.”
That said, the FSB stressed that “the WEEE regulations are another red tape issue that adds to the burden that small businesses already face”.
Tony Hunter, the proprietor of Marsden Domestic Appliances in Shaftesbury, Dorset, was not aware of the WEEE Directive when contacted by ERT Weekly. “If the Government is fixed on trying to screw us down for more money, then it is wasting its time.
“There’s no money there. Shops can’t cope with this ““ we can’t cope with this to be honest with you.” Jeremy Flint, a partner of H Flint & Son in Shirebrook, Nottinghamshire, questioned how many “nooks and crannies” the guidance notes contain. He said he was very concerned about the lack of information and added: “I, for one, have had no correspondence whatsoever.”
Dr Philip Morton, chief executive of the Recycling Electrical Producers Industry Consortium (Repic), said: “What the Government is clearly saying is that this country is not going to tolerate freeloaders.” According to the guidance notes, it is not an offence for a retailer to sell products from an unregistered producer, but it is an offence for a producer not to be registered.
At retailers’ association Retra, chief executive Mark Hayward welcomed the DTI’s WEEE guidance notes. Mr Hayward said: “The WEEE guidance notes address a number of Retra’s concerns and “˜grey areas’ regarding the WEEE regulations and retailer obligations.” He added: “The guidance notes have emerged fully two months after the WEEE regulations themselves. This is not helpful and should have been avoided.”
Press release from ERT Weekly