WEEE Directive and Members of I.C.M.M.A.
The long delayed European Directive covering Waste of Electrical and Electronic Equipment (WEEE) entered UK Law January 2nd 2007, with its effect fully implemented onwards 1st July 2007.
However, despite many months of discussion, it leaves those Companies whose trading activity is principally Business to Business in a state of some confusion as the Scope of the WEEE Directive is less than clear in this area.
Members of I.C.M.M.A. – Manufacturers of Industrial/Commercial Cleaning Machines – are particularly concerned as many are trading subsidiaries of manufacturers established in Continental Europe, where the local interpretation of the WEEE Directive does not encompass Business to Business activity associated with the supply of Industrial/Commercial Cleaning Machines, whereas there is a presumption that the UK interpretation of the WEEE Directive does include such products
In seeking to resolve the difference in interpretation of the Scope of the WEEE Directive between UK and Continental Europe, I.C.M.M.A. Members have approached the D.T.I. for some clarity, but to no avail, as the D.T.I. states that in their opinion, the interpretation of the WEEE Directive as drafted and implemented in UK Law, does encompass all Industrial Cleaning Machines except where they are identified as fixed installation, but, since the WEEE Directive is now part of UK Law, to clarify any disputed area associated with the Scope of the Directive would now require a challenge through a Court of Law.
So, UK manufactures and distributors of Industrial Cleaning Machines manufactured in Continental Europe have to face the fact that this E.U. Directive has the potential of being more onerous as applied to trading in the UK, compared to how it is applied in countries of Continental Europe – a wholly unsatisfactory position.
I.C.M.M.A. members wait with interest the publication of Guidance Notes that have the potential to clarify the confusion created by the less than rigorous details of the Scope of the WEEE legislation covering Business to Business activity in the UK.
However, first indications associated with current response from DTI indicates that the intent behind the legislation is to encompass ALL machines that are electrically powered, other than machines that are permanent fixtures, even though the Scope of the legislation does not make this clear.
So the big questions are:
- Should manufacturers of electrically powered cleaning machines register with a Compliance Scheme?
- Should their products be date marked?
- Should manufacturers provide disassembly details of their products?
- And there are a multitude of other details that would need addressing if the Scope of the WEEE Directive does include Industrial/ Cleaning Machines
These questions remained unanswered and confusion prevails.
January 2007
For further information:
Contact: Graham Jones
I.C.M.M.A. Secretary
Tel: 0121 703 0636
Email