Tech Bitch

Any introduction of new legislation brings conflicting views and the WEEE Directive is no exception. For some it’s a threat - a change to the status quo which might mean extra work and investment.

Other organisations view the WEEE Directive as a welcomed change, a time to innovate and develop new services. While both sides, despite their views, try to comply with the introduction of the WEEE Directive, there is a third group - the ‘cowboy operators’ - who have quickly spotted how to make an easy buck by operating outside the rulings and at the expense of the industry’s reputation.

While many businesses across the UK struggle to get to grips with the WEEE Directive and make sure they are compliant with the rules it seems that one group which operates outside the industry is already ahead of the game. Just months after the legislation came into force, ‘cowboy’ operators’ have already found loopholes in the ruling that they are exploiting to the full.

While the export of untreated WEEE material is not illegal between EU members, according to the Legislation, it should not be shipped outside the European Union (EU) or OECD without prior sortation as it is untreated waste likely to contain hazardous items.

But already there is evidence of the illegal exportation of untreated WEEE. Unscrupulous operators are exporting untreated electronic equipment as bona fide electronic equipment for re-use. This means it can be exported outside the EU in the same manner that computers, which have reached the end of their useful lives in the EU but can still be used, are sent to developing nations such as Sierra Leone and Ghana.

The majority of illegal exports are made by a small number of traders who are hard to trace even though the streams, patterns, business models and end destinations are well known. Due to this, statistics are hard to come by and the growing problem isn’t highlighted in the way it should be.

Indeed, it is estimated has found that 500 containers arrive in Lagos, Nigeria each month with waste electrical materials. Around half of those containers come from the EU carrying brown waste from virtually every well known brand and two thirds of the imported computer equipment which arrives in the country is no better than junk. Operations have now been set-up in these countries and they do salvage some of this junk but often dispose of the majority of the equipment via non-environmentally sound methods.

Therefore, it’s no surprise that ‘cowboys’ are already finding ways around the legislation and steps have to be taken to eradicate this practice. Enforcement of the new Directive in the EU is far from efficient with no real cross border implementation, standards and cooperation. This has to be stepped up straight away. If enforcers act quickly, recognise the problem and thrash out a set of rules for everyone to adhere to, then the loopholes will be closed quickly before real damage can be done.

This will be a tall order to achieve with nothing uniform for countries to adhere to. Each country has its own domestic responsibilities and enforcement schemes but this just adds to the confusion, as each country will have its own interpretation of the ruling.

An obligation to test and register WEEE at the start of the export process should also be implemented across the EU. Already, the Environment Agency has started to do this to ensure that equipment being exported for re-use has been tested in order to prove its validity as a working piece of electrical equipment. It will also help verify the end destination which is sometimes hard to tie down.

Consistency of resource is another area that needs to be addressed. One EU member has only dedicated 200 man hours per year to enforcing the rules on the export of illegal WEEE. This is not enough and will surely affect the ability to conduct proper inspections. Therefore, countries must assign more capacity and man power to tackle what is a growing problem.

Finally, the communication and co-operation process needs to be vastly improved, both across international borders and amongst different parties domestically. In many countries, such as the UK, the detection and enforcement role is handled by a number of Government agencies such as the police, customs and port authorities.

If the communication process between these parties isn’t what it should be, and they are not talking to their international equivalents, then the loopholes will gradually grow and failings will appear, making it easier for the ‘cowboys’ to operate illegally at the expense of the industry.

We cannot allow that to happen. The business world can’t sit by and let the actions of a few tarnish its credibility and damage its reputation and the hard work and investment of companies committed to complying with the regulations. By uniting and working with each other, co-operating with the legislators and enforcers across the EU, we can ensure that the ‘cowboy’ operators are squeezed out and put out of business.

Graham Davy always recycles his Corn Flakes boxes