The fact that a fee can be set has already affected the system. Any PCS now collecting above its target risks being left with surplus if other schemes don’t need or don’t wish toappoint them to collect it. A PCS with surplus has three choices:

• win more members;

• provide competitive prices/quality service as a sub-contractor for other PCSs;

• give up sites/access to surplus WEEE.

All of the above means we now have a much better, more competitive free market.

One might think the easiest thing is to ‘under collect’, so you are certain to avoid paying for surplus and pay a fee instead, but here too the regulations are smart. Regulation 34 gives every local authority designated collection facility (DCF) site operator the right of free uplift, so if no PCS offers to collect, the site operator can ask any PCS to collect all their WEEE free of charge – and the PCS requested must do so or risk being disqualified. Also, the Secretary of State could choose not to set a fee, in which case a PCS with shortfall couldn’t comply and risks being disqualified. Alternatively, the Secretary of State could set a punitively high fee if he/she felt people were abusing the system.

What if the pendulum to swings too far?

Examples could include: schemes ‘ditching’ too many sites; targets being set too low; Regulation 34 becoming commonplace; some schemes becoming overwhelmed with excess WEEE – the list could go on.

The important thing to remember is that BIS has a significant ‘stick’ to use in the guise of the fee to nudge any errant players into shape – so tread carefully: it makes sense for everyone to keep the system working.