HOUSE OF COMMONS ENVIRONMENTAL AUDIT COMMITTEE INQUIRY INTO ELECTRONIC WASTE AND THE CIRCULAR ECONOMY: UK GOVERNMENT WRITTEN EVIDENCE

Introduction

This document sets out the UK Government’s response to the questions raised by the Committee in its call for written evidence. Environment policy is a devolved matter and we are responding to the inquiry with respect to England only.

In December 2018, the UK Government published its Resources and Waste Strategy for England (RWS)[1] which sets out the objectives of maximising the value and use of resources whilst minimising waste and to improve the environmental performance of all operators involved in the life cycle of products including electrical and electronic equipment (EEE) by promoting the waste hierarchy. The RWS contained proposals to set minimum requirements for resource efficient product design (ecodesign), thus extending product lifetimes through design for durability, repair and remanufacture, to drive a more resource efficient and circular economy. The Strategy also commits us to managing chemical usage sustainably and addressing barriers to reuse and recycling posed by their use. The strategy considers Extended Producer Responsibility (EPR) as an effective approach to ensure the proper lifecycle management of a broad range of products, including EEE. The current WEEE system is based on ‘collective producer responsibility’ meaning producers are financially responsible for the collection and treatment of the EEE they place on the market when it becomes WEEE. The WEEE Regulations have led to separate collection of WEEE, primarily via Household Waste Recycling Centres (HWRCs) and retailer take-back, with producers financing the full cost of collection and proper treatment based on their market share in specified equipment categories. The current WEEE system is based on ‘collective producer responsibility’ meaning producers are financially responsible for the collection and treatment of the EEE they place on the market when it becomes WEEE. The WEEE Regulations have led to separate collection of WEEE, primarily via Household Waste Recycling Centres (HWRCs) and retailer take-back, with producers financing the full cost of collection and proper treatment based on their market share in specified equipment categories.

The Department of Environment, Food and Rural Affairs (Defra) is the Government department responsible for Resources and Waste in England which includes the management of WEEE.

Public Health England (PHE) is an executive agency sponsored by the Department for Health and Social Care, and is responsible for protecting and improving the nation’s health and wellbeing.

The Health and Safety Executive (HSE) is a government agency responsible for the encouragement, regulation and enforcement of workplace health, safety and welfare, and for research into occupational risks.

The Environment Agency (EA) is the appropriate authority in England and is responsible for the enforcement of the WEEE Regulations in England.  Devolved regulators are responsible for enforcement in other nations of the UK

The Office for Product Safety and Standards (OPSS) has responsibility for enforcement of those aspects that relate to fire safety, labelling and obligations placed on distributors across the UKs.

The WEEE Regulations operate on a UK wide basis by consensus between the four administrations. Government takes a coordinated approach to the effective management of WEEE in order to protect public health and the environment. This submission has been produced jointly by the Government and its agencies.

IMPLEMENTING A CIRCULAR ECONOMY FOR ELECTRONIC GOODS

1. What steps are being taken to move towards a circular economy for electronic goods? How can the UK Government support this transition?

The 2013 WEEE Regulations aim to contribute to sustainable production and consumption by the reduction of electronic waste, by encouraging the reuse, recycling and other forms of recovery thereby reducing the volume of WEEE sent to landfill and contributing to efficient resource use and retrieval of valuable secondary raw materials. Targets for recycling and reuse, set out in the WEEE Regulations have been effective in meeting these objectives. In February 2020, the Government published a Post Implementation Review to evaluate the effectiveness of the Regulations[2].

The Government has made a commitment in Resources and Waste Strategy for England, to consult on changing the WEEE producer responsibility regime to incentivise more sustainable product design, increase recycling and ensure alignment with the wider extended producer responsibility (EPR) framework.

A barrier to safe reuse of WEEE derived materials is the presence of harmful chemicals which were historically added to products to perform a function, such as flame resistance, but have subsequently been found to pose a risk to human health and the environment. These must be removed from waste materials before they can be safely recycled. Some of these will require the WEEE to be treated as hazardous waste whilst some chemicals may be persistent organic pollutants (POPs)[3] which must be treated according to the POPs Regulations (EU 2019/1021). The POPs Regulations set limits for the level of POPs that can be used in mixtures and articles; they also set limits for POPs in waste over which the substance will need to be destroyed or irreversibly transformed. This ensures that recycled plastics from WEEE derived materials can be turned into clean new products, whilst limiting the potential negative impacts on human or environmental health, to achieve a safer circular lifecycle.

The UK Government’s Resources and Waste Strategy has also committed to extending ecodesign requirements to non-energy related products and included proposals to provide consumers with better information on the impact of the products they buy, including EEE, on the natural environment, enabling more sustainable purchasing decisions. The Resource Efficiency clauses in the Environment Bill seek the enabling powers to deliver on these commitments. In addition, the RWS includes a commitment to incorporate resource efficiency measures into the existing Ecodesign Regulations[4] for energy-related products, taking on board consumer interest in the right to repair. This is to ensure that EEE, such as household refrigerators and electronic displays, are designed to be more durable, repairable and recyclable. The Government is currently consulting on amendments to these regulations, taking on board developments at an EU level as well as our strategy commitments. These measures include requirements mandating the provision of spare parts to facilitate ease of repair and design for easy dis-assembly. The Government’s intention is to uphold common high product standards wherever possible and appropriate, or even exceed them where it is in the UK’s interests to do so, following the transition period.

The Government has made a commitment in Resources and Waste Strategy for England, to consult on changing the WEEE producer responsibility regime to incentivise more sustainable product design, increase recycling and ensure alignment with the wider extended producer responsibility (EPR) framework.

2. What is the environmental and human health risk from e-waste? How significant is it and who is most at risk?

The risk to environmental and human health can increase where WEEE is handled at illegal sites or in way that is not environmentally sound. WEEE management through processes like recycling is carried out in adherence with relevant sector guidance and good practices.  It is controlled by environmental permits and licenses issued by the Environment Agency (EA). These processes conform to the requirements of the WEEE Regulations. In England, the EA is the regulator and would typically consult on permit applications with Public Health England (PHE) and local authorities, including Directors of Public Health. The Environmental Permitting regime exists to protect both the environment and human health, and the regulator is responsible for both aspects by ensuring emissions and accident risks are suitably controlled. Operations compliant with regulatory guidance and best practices should have no significant residual public health impacts. Any potential health risks from WEEE would relate to occupational exposure regulated by the Health and Safety Executive. Any potential health risks resulting from the illegal dumping of WEEE comes under the responsibility of the respective local authority.

WEEE management, may be associated with potential exposure to a wide range of metals found in WEEE components. Exposure may occur as a result of the inhalation of dusts, dermal exposure to surface contamination and ingestion as a result of hand/face to mouth transfer. Operations compliant with regulatory guidance and best practices should have no significant residual public health impacts. Any potential health risks from WEEE would relate to occupational exposure regulated by the Health and Safety Executive. Any potential health risks resulting from the illegal dumping of WEEE comes under the responsibility of the respective local authority. Some components that are used in electrical and electronic equipment possess properties that are inherently hazardous to human health. Some of these components also have the potential to bio-accumulate in the environment by resisting degradation. The management of WEEE must therefore consider the inherent properties of individual components to address potential risks to the environment and human health.

The Restriction of the Use of Certain Hazardous Substances in Electrical and Electronic Equipment Regulations[5] (ROHS) are complementary to the WEEE Regulations. The purpose of RoHS is to provide a legislative framework to restrict the use of certain hazardous substances in new EEE, to protect human health and the environment, by ensuring that the presence of such substances in products is limited and thus encouraging the substitution of alternative, less damaging, materials. The Government’s review of the RoHS Regulations[6] concluded that it has been successful in meeting these objectives.

3. How can secondary markets for electrical goods be improved? What incentives are required to implement these markets?

The 2013 WEEE Regulations encourage increased levels of continued use of EEE by requiring reuse of whole equipment to be prioritised by producer compliance schemes (PCSs) and that WEEE should be collected and transported in a manner that optimises reuse and recycling of equipment or its components, supporting secondary markets of EEE.

Since 2016, 42 local authority WEEE improvement projects have been funded through the WEEE Compliance Fee[7] and the Distributor Take-Back scheme[8] (DTS) to incentivise increased collection of WEEE and greater levels of reuse. The Government is currently engaging with industry on research projects to further explore how the compliance fee and the DTS funds can further be used effectively by local authorities to develop innovative ideas that will increase collections, recycling and reuse of equipment.

By the end of 2020 Government aims to consult on changing the waste electrical and electronic equipment (WEEE) producer responsibility regime to incentivise more sustainable product design, increase recycling and ensure alignment with the wider EPR framework. Following these reviews, we will amend the Regulations as necessary. This will support our ambitions to incentivise increased reuse through better products and information for treatment operators and consumers.

4. Why does recovering materials from electronic waste pose a significant challenge? What support is required to facilitate the adoption of recovery technologies?

The WEEE Regulations require data of EEE put on the market and WEEE collected to be reported in 14 different categories. However WEEE is typically consolidated into only six streams (Large Domestic Appliances, Cooling, Display, Lamps, Small Mixed WEEE and Photovoltaic panels) for collection and  treatment). It undergoes a first stage process of material separation into different materials such as plastics, metals and glass at AATFs[9]. This collection system recognises the different types of materials contained in the different WEEE streams and therefore supports the aim of the Regulations to optimise material recovery. The number of categories for reporting and the number of collection streams in the UK go further than the requirements set out in the WEEE Directive (2012/19/EU).

A key challenge associated with recovering materials from WEEE is the recovery of critical raw materials (CRMs). Several factors determine the amount of CRM materials in EEE such as material choices made at design stage, the development of technologies which affect material choices and the other material values.

Another key challenge to the safe recovery of materials derived from WEEE (see question 1), is the presence of any harmful chemicals, historically added to products to perform a function which have subsequently being found to pose a risk to human health and the environment. These chemicals must be removed from waste materials before they can be safely recycled. Some of these chemicals will require the WEEE to be treated as hazardous waste whilst some chemicals may be POPs. To better understand this challenge we have supported an ICER[10] led project funded by the WEEE compliance fee, to determine the chemical composition of certain types of WEEE and the extent to which POPS are present. This report was published in March 2020[11].

Defra has also commissioned a research project into resource scarcity; Review of the Future Resource Risk Faced by the UK Economy. This project will review future resource risks faced by UK business in relation to non-biotic (i.e. non-living) resources, such as metals and minerals, with a particular focus on raw materials which are or may become critical to the economy.  

5. Are UK Waste Electrical and Electronic Equipment (WEEE) collection targets achievable? What challenges do UK producer compliance schemes and WEEE reprocessors face in meeting the collection targets?

The collection targets set out in the WEEE Directive for 2016 to 2018 was 45% of the average weight of EEE placed on the market in the three preceding years.

The UK has consistently met its obligations and the latest available figures from 2017 showed that we achieved 50% collection rate in 2017, an increase of 9 percentage points since 2014[12]. The MS target increases to 65% of the average weight of equipment placed on the market in the three preceding years from 2019. Household WEEE collection targets placed on producers for 2019 were increased in certain categories to reflect the higher target and higher level of environmental ambition to collect more WEEE. We are working closely with industry to implement initiatives to support PCSs to achieve higher levels of household WEEE collections.

The Secretary of State has discretionary powers to approve a compliance fee methodology as an alternative form of compliance payable by PCSs that fail to achieve their annual household collection target.  Setting a compliance fee methodology underpins the preference for increasing collections of WEEE and the methodology is reviewed annually. Compliance Fee funds are being invested on a range of activities, including technical research, communications, consumer behaviour change insights and local projects, to support higher levels of collection, recycling and reuse for household WEEE.

Government recognises the role retailers can play in driving collections and we have made a commitment in the Resources and Waste Strategy for England to review the role of retailers and the existing Distributor Take-Back Scheme. Ahead of this review, the existing DTS has commissioned research to assess the effectiveness of the WEEE collection systems in six European countries, particularly on the role played by retailers to maximise levels of WEEE collections. In December 2019, Defra approved a new DTS which will expire on the 31st December 2021. This was approved with the caveat that any retailer with an excess of £100,000 turnover of electrical sales will only be able to join the new DTS until 31 2020 After this point, they will be required to do in store take back of unwanted electrical equipment from private households in line with Regulation 42 of the WEEE Regulations. Online retailers of any size and with no physical retail premises are exempt from this caveat and will be able to continue their membership until the scheme expires on 31st December 2021.A significant amount of WEEE is treated outside the official reporting system due to the economic value embedded in that equipment. This includes large domestic appliances collected with scrap metal and business IT equipment that is refurbished and reused. The WEEE Directive requires us to report WEEE collected for proper treatment “from all routes”. The Government includes estimates of large domestic appliances (cookers, washing machines etc.) collected with scrap metal and properly recycled outside the producer financed WEEE system (substantiated estimates)[13] in its reporting to the EU.

6. What causes fraud in the UK’s e-waste system? How can this be addressed?

Fraudulent activity in the WEEE system can take various different forms. Examples of potential fraud could include inaccurate reporting of EEE placed on the market by producers, inaccurate reporting by AATFs of evidence of treatment issued to PCSs, and non-compliance with producer obligations (free-riding). Common to these types of fraud is the possibility of financial gain, either through avoided cost or illegal profiteering. The Government has taken action to reduce the opportunity for inappropriate commercial gain and fraudulent activities arising from the regulations.  In particular by introducing new WEEE Regulations in 2013 which sought to reduce the opportunity for “ransom pricing” and “profiteering” that was widely acknowledged as common place under the previous regulations.

In May 2018 Defra published the ‘Summary of consultation responses and the UK Government’s response to proposed amendments to the UK WEEE Regulations 2013’[14]. 71% of producers responding to the consultation felt the 2013 WEEE Regulations had successfully addressed this issue.

The Government has listened to industry and is initiating steps to address the issue of free-riding through distance sellers, placing products on the UK market without fulfilling their obligations as relates to WEEE. We have held discussions with key stakeholders in the e-commerce sector which have led to a launch of a pilot project with eBay designed to drive up compliance with their sellers. However addressing the issue of internet based free-riders remains a priority for reform on which we will consult. This was a specific commitment we made in the context of WEEE reform in the RWS.

7. What action can the UK Government take to prevent to the illegal export of e-waste to the developing world?

The EA is responsible for regulating waste shipments in England only. On 1 April the EA introduced a new structure whereby Waste Shipments and Producer Responsibility activity is managed by a single national team. This will ensure that officers are able to focus solely on this work, with associated improvements in levels of expertise, resilience and flexibility to target resources effectively. It will be able to identify areas of highest risk across England and deploy its resources solely towards regulating waste shipments and producer responsibility.

The EA uses intelligence gathering to focus resources on prevention and disruption of alleged illegal activity. This reduces the amount of WEEE being exported and helps to ensure that WEEE is sent for the most appropriate re-use or treatment.  We have also raised awareness of the Correspondents' Guidelines No 1 on Shipments of WEEE and of used EEE suspected to be WEEE guidance[15] which helps exporters to correctly identify whether they are exporting EEE or WEEE. One of the main issues is that often items are classed as working EEE and exported as such, meaning they do not go under waste controls. Whole or shredded WEEE is a notified waste and there is evidence that WEEE is sometimes mis-classified to circumvent the notification requirements. We are working with approved exporters to ensure the correct export codes are used and that all WEEE is treated appropriately.  Further improvements to waste tracking, data use and a focus on upstream interventions would help to ensure that illegal exports are stopped before they get to the port.  The establishment of an electronic waste data tracking system is a key commitment set out in the Resources and Waste Strategy for England.

8. What proposals does the UK Government need to consider as part of its consultation on WEEE?

The Resources and Waste Strategy for England sets out the Government’s commitment to consult on changes to UK-wide producer responsibility regimes including reform to the existing WEEE system.  The consultation will include measures that are necessary to align with the framework of core principles of future EPR regimes as set out on the Resources and Waste Strategy for England. A particular focus will be on measures to drive up levels of separately collected WEEE and how modulation of fees, obligations or other measures can be used to encourage producers to make more sustainable design, production and purchasing decisions in line with the waste hierarchy and our resources and waste priorities.

Defra commissioned a study to investigate the ingredients for success in extended producer responsibility for EEE and WEEE, which will draw on international experiences as well as extensive consultation with key stakeholder groups. This was published in February 2020 and will be used to help inform the areas on which the consultation should focus. As part of the consultation and in order to explore the key issues and solutions, officials have organised a series of stakeholder workshops with a number of key actors in the WEEE system, including PCSs, AATFs, Local Authorities and waste management companies

9. Is UK public awareness of e-waste recycling satisfactory? If not, how can it be improved?

There are various options open to householders to dispose of their used, unwanted EEE. The WEEE Regulations provide a guarantee that WEEE deposited by householders at the local authority recycling centres, registered as designated collection facilities (DCFs), is collected and treated to environmentally sound standards free of charge by PCSs. Retailers also have obligations, either to take back WEEE from consumers in store on a like for like basis, or to join the Distributor Take-back Scheme (DTS). Larger retailers will have enhanced take back obligations from January 1st 2021, which will increase the number of collection points available to consumers.

A number of initiatives have been developed to increase awareness. Significant funds from the WEEE Compliance Fee will be spent on a major, 3 year, consumer communications campaign that intended drive higher levels of collection, recycling and re-use for household WEEE. This will build on a study already undertaken to explore consumer attitudes to the recycling of WEEE. The roll out of the communications campaign has been delayed due to the impacts of COVID-19 but the organisers are keeping the situation under review and will launch the campaign when it is deemed to be a more appropriate and impactful time to do so.

Local authorities for WEEE improvement projects funded through the WEEE Compliance Fee and the Distributor Take-Back scheme (DTS) have sought to incentivise increased collection of WEEE and reuse of EEE at a local level through an array of initiatives supported by local communication campaigns. 

Some UK producer compliance schemes fund local initiatives to increase collections of WEEE. Over the years, PCSs have developed various awareness raising projects, programmes and recycling campaigns to highlight the importance of proper treatment and recycling of WEEE.

WRAP (the Waste and Resources Action Programme) has funded a reuse communications campaign[16] for EEE launched under the Recycle Now[17] brand which includes launching free communications material to local authorities. The campaign (‘Don’t bin it, bring it’) aimed to raise awareness amongst consumers of the need to dispose of unwanted small household WEEE in the correct manner, and where they would be able to do so. The material developed has also been adapted to include larger WEEE and for use by PCSs and waste management companies.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Annex B. EAC Inquiry: Waste Electrical and Electronic Equipment Sector – Terms of Reference

 

Implementing a Circular Economy for Electronic Goods

1. What steps are being taken to move towards a circular economy for electronic goods?

2. How can the UK Government support this transition?

3. What is the environmental and human health risk from e-waste? How significant is it and who is most at risk?

4. How can secondary markets for electrical goods be improved? What incentives are required to implement these markets?

5. Why does recovering materials from electronic waste pose a significant challenge? What support is required to facilitate the adoption of recovery technologies?

 

UK’s Electronic Waste Sector

6. Are UK Waste Electrical and Electronic Equipment (WEEE) collection targets achievable? What challenges do UK producer compliance schemes and WEEE reprocessors face in meeting the collection targets?

7. What causes fraud in the UK’s e-waste system? How can this be addressed?

8. What action can the UK Government take to prevent to the illegal export of e-waste to the developing world?

9. What proposals does the UK Government need to consider as part of its consultation on WEEE?

10. Is UK public awareness of e-waste recycling satisfactory? If not, how can it be improved?

 

 

 


[1] https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/765914/resources-waste-strategy-dec-2018.pdf

[2] http://www.legislation.gov.uk/id/uksi/2013/3113

[3] 

[4] The Ecodesign for Energy-Related Products and Energy Information (Amendment) (EU Exit) Regulations 2019: http://www.legislation.gov.uk/ukdsi/2019/9780111177495/contents

[5] http://www.legislation.gov.uk/uksi/2012/3032/contents/made

[6] http://www.legislation.gov.uk/uksi/2012/3032/pdfs/uksiod_20123032_en.pdf

[7] The WEEE Regulations establish a system of annual collection targets that are imposed on producer compliance schemes (PCSs). The Secretary of State has discretionary powers to approve a compliance fee methodology as an alternative form of compliance payable by PCSs that fail to achieve their collection target. Further information can be found here: https://www.weeefund.uk/

[8] Retailers have obligations, either to take back waste electrical equipment from consumers, or to join the Distributor Take-back Scheme (DTS) which provides an alternative to the regulatory requirement for retailers and online sellers to provide their own take-back facilities. Further information can be found here: https://dts.valpak.co.uk/

[9] There are 136 AATFs approved in 2018 in the UK.

[10] Industry Council for Electronic Equipment Recycling.

[11]   https://icer.org.uk/research/

[12] The 2013 WEEE Regulations came into force January 2014.

[13] The methodology for calculating substantiated estimates can be found here: http://www.wrap.org.uk/content/weee-flows-report

[14] https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/709447/weee-consult-sum-resp.pdf

[15] https://ec.europa.eu/environment/waste/shipments/guidance.htm

[16] http://www.wrap.org.uk/sites/files/wrap/2.0%20Raising%20public%20awareness%20of%20recycling%20and%20reuse%20-%20Online.pdf

[17] https://www.recyclenow.com/dont-bin-it-bring-it