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First prosecutions under WEEE

It’s taken a while

Although the WEEE Regulations have been in force for a few years, up until January 2010 there hadn’t been any prosecutions brought under them. However, since January, a number of cases have come to court. What lessons can be learned from these particular cases?

Case one

The first case brought by the EA was against a waste treatment facility operated by Sita Metal Recycling Ltd (S). When the EA investigated the site its inspectors found that errors had been made when providing evidence that it had correctly recycled electrical and electronic equipment (EEE). These included exporting waste through a non-approved exporter and failing to log items properly. S was fined £4,000 and ordered to pay costs of £4,456.

Case two

The second case also features a waste handling company. Sinoway International Limited (SI) has been prosecuted after pleading guilty to the illegal export of material in a container which included several hundred computer monitors (classed as WEEE and hazardous waste). The shipment was bound for China. The EA was tipped off about the illegal export operation by the Hong Kong Environmental Protection Department. The EA arranged for the container to be intercepted and returned to the UK. On its return, SI met the cost of treating the waste correctly. In addition, it was ordered to pay a fine of £2,000 and costs of £2,700.

What can be learned?

These cases clearly demonstrate where the EA’s focus is with regard to WEEE - those businesses which handle and treat it. This is because it’s these companies that could create the biggest environmental impact if the WEEE isn’t dealt with properly. For example, in these cases, if the waste hadn’t been picked up, it’s likely that it would have found its way to dumps in either Hong Kong or further into China.

Are producers likely to be prosecuted?

Although the EA could take action against those who produce the waste - in addition to the waste company - based on these cases it appears unlikely that it will do so. However, this doesn’t mean that you should start to ignore these Regulations; doing so could be costly on two counts. Firstly, many WEEE collections are free - especially if you’re replacing goods on a like-for-like basis. Secondly, if you contaminate a skip with WEEE, the waste contractor will: (1) refuse to take the skip until it’s decontaminated; or (2) almost certainly present you with a bill to sort and treat the waste correctly when it gets to their depot.

Tip 1. Make it clear to staff that under no circumstances should they put WEEE in general waste skips.

Tip 2. When buying EEE make sure you obtain the producer registration number (see The next step). You’ll need this to be able to return the product for free.

For further information on producer registration numbers, visit http://environment.indicator.co.uk (EN 05.03.04).