Stay ahead of the curve
In the ever-evolving landscape of the electrical industry, it is imperative for independent retailers to stay ahead of the curve. Two key regulatory matters that demand attention currently are around the WEEE Distributor Take Back Scheme (DTS) and changes to the waste exemptions regime. As of December 31 2023, phase six of the Distributor
Take Back Scheme ends. The current DTS operator has submitted a proposal to Defra to obtain approval for a new phase seven, which would run from January 1 2024 to December 31 2026. Defra requested industry feedback on this proposal.
its decision. Waste exemptions are changing
Spring 2024 will bring about changes to the waste exemptions regime, with new fees expected to be brought in by the Environment Agency. The changes will affect everyone who operates waste
exemption activities. Some exemptions are being removed entirely, but most exemptions, including S1 and S2, which covers the storing of waste in secure containers and in a secure place respectively, will have changes to conditions. If your business is a current exemption holder, you must work out what these changes mean for you and act accordingly.
What is a waste exemption? The changes will impact operators who currently register waste exemptions, which allow low-risk waste management operations to be carried on without an environmental permit. Operators need to register their waste exemptions. The T11 is the waste electrical and electronic equipment (WEEE) exemption which you will be most familiar with. By registering an exemption, the operator is confirming that they will comply with the limits and conditions of that exemption.
The DTS Journey So Far The DTS has been operating since 2007. It is the only scheme which allows some retailers an alternative to providing free of charge take back of waste electricals on a like-for-like basis when a consumer buys a new electrical product. Retailers who sell less than £100,000 of new electricals per
year or only sell online can opt to pay a fee to the DTS that releases them from this take back obligation. The money raised goes towards supporting the recycling
centres run by local authorities. If your business sells £100,000 or more of new electricals per
year and has physical stores, you have not been able to use the DTS since December 2020. Instead, under the UK WEEE Regulations, you need to take back
WEEE in store on a like-for-like basis or set up an alternative free take back service.
Distributors who supply new electricals from retail premises
where the sales area relating to electricals exceeds 400 square metres must also provide facilities to collect very small WEEE free of charge, regardless of whether similar new electricals are purchased.
What could change? The DTS is reviewed regularly by Defra to ensure it keeps pace with changing circumstances. The key changes proposed for phase seven include providing options for retailers who are above the £100,000 per year electrical sales threshold and have physical stores to join the DTS on a store by store basis if every store sells less than £100,000 electricals per year, and, to take a voluntary membership in relation to their online sales (takeback must still be offered in any physical stores). It is also proposed that retailers selling vapes in physical
stores will only be able to opt out of in store takeback if their total electrical sales are below £100,000 per year and their vapes
42 Associate Insight: REPIC
Why are waste exemptions changing? The changes, including introducing an annual application fee for all exemptions (T11 has always had an annual application fee), are designed to raise standards and support legitimate businesses, whilst stopping poor performance and crime in the waste sector. The changes specifically target the 10 most abused waste exemptions.
Preparation is key The Environment Agency is currently writing to all waste exemption holders in preparation for the changes to check if all current exemptions are required. If your business still needs its current exemption(s), you can continue to operate under the exemption(s) conditions until the end of the transition period. On the translation date you must check the new criteria and either, comply with the new exemption conditions, complete a new environmental permit or completely stop your activities.
Knowledge sharing Further advice is available from the Government website, with pre- application advice to help you understand the type of permit you may need and the relevant application fee. The Environment Agency is also available via its National
Customer Contact Centre at
enquiries@environment-agency.gov.uk or by telephone on 03708 506 506.
Staying ahead The potential changes to the DTS and waste exemption requirements present both challenges and opportunities for independent electrical retailers. REPIC will be happy to provide Retra members with a fact sheet on the criteria changes within each waste exemption relevant to WEEE when the changes come into effect.
For more information:
www.repic.co.uk 0161 272 0001
Louise Grantham, chief executive of REPIC, outlines some of the forthcoming changes to the WEEE Distributor Take Back Scheme (DTS) and waste exemption requirements that could affect retailers.
turnover is less than £50,000 per year. Defra’s consultation closed on November 1 2023 and we await
Associate Insight: REPIC
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