Compliance with producer responsibility legislation: experiences from UK small and medium-sized enterprises

TLDR: In this paper, the authors investigated the legal performance of UK small and medium-sized enterprises (SMEs) with producer responsibility legislation and found low levels of letter of the law compliance, enforcement activity and surveillance of SME compliance was generally low; there has not been any formal enforcement action taken under the WEEE Regulations or the RoHS Regulations and enforcement under the PER Regulations is extremely low.

Abstract: This study investigated the legal performance of UK small and medium-sized enterprises (SMEs) with producer responsibility legislation. The research incorporated legislation controlling packaging and packaging waste, waste electrical and electronic equipment and the restriction of the use of certain hazardous substances in electrical and electronic equipment. Compliance audits and interviews were conducted with SMEs, regulators, government officials and SME support organisations. A total of 44 SMEs from the north-west of England were audited between April and September 2008. The study's findings suggest: low levels of ‘letter of the law’ and ‘spirit of the law’ compliance; enforcement activity and surveillance of SME compliance was generally low; there has not been any formal enforcement action taken under the WEEE Regulations or the RoHS Regulations and enforcement under the PER Regulations is extremely low. Recommendations on how to improve SME compliance control systems are provided.