I'm afraid Brian is woefully ignorant :-(
I can say that comitology doesn't exist in Oxford, either!
Scottish law is based on different principles to English law; there
ain't no sich thing as UK law. This, for example, is the cause for the
past fame of Gretna Green (because Scottish law permitted marriage
without banns by a simple declaration by a couple, "We are married", in
front of a witness and also accepted "common-law marriage"). Of course,
there is a tendency for convergence, nowadays, but this are limitations
imposed by the judiciary process. You have the same kind of thing in the
US where, for example, you punish jury-presumed murderers differently in
different States. Welsh law is more closely integrated with English law
than is Scottish.
In this case, if you examine the web site of the Environment Agency, you
will observe their mission is, "We employ over 10,000 people working in
diverse areas such as flood defence, pollution control, town planning,
farming and waste. Our area of responsibility covers all of England and
Wales and we work closely with local communities to achieve results."
They have no jurisdiction over Scotland. The latter has a separate
Scottish Environment Protection Agency [sic! Should be either
Environmental or Environment-Protection in good English]. This Agency is
undoubtedly a legal entity under Scottish law, hence what appears to be
an anomaly to you.
The UK is really a federal monarchy (although the Head of State is Queen
Elizabeth II in England, but is Queen Elizabeth I in Scotland, just as
much as the monarch in 1603 was James I of England and James VI of
Scotland).
Brian
Davy, Gordon wrote:
> In my previous posting I commented on the apparent lack of progress being made by EU member states in passing legislation enabling the RoHS directive. My thanks to Dan Kallin for directing forum participants to the75-page Perchards report, which does give some information (not much since the focus of the report is WEEE) for the twenty-four member states other than the UK. It is a .pdf file dated September, 2004, <http://www.dti.gov.uk/sustainability/weee/Perchards_Report_September04.pdf> http://www.dti.gov.uk/sustainability/weee/Perchards_Report_September04.pdf. Perhaps a RoHS-focused report will be issued later. Certainly more information is needed by organizations that are going to have to make decisions very soon on how to comply with all these individual countries' laws.
>
> The information extracted below (on just nine countries) is based on a search of the text for "RoHS". There is no reference to the text of the RoHS-enabling legislation for any country. It looks as if Greece is the winner in crossing the finish line, and Finland second (just in time for inclusion in the report but after the EU's 13 August deadline). There isn't enough information available to determine if the Netherlands is in third place (no date is given, and it's not clear that the information is correct).
>
> I find it particularly interesting that the countries that have appeared most openly "green" (Germany and Scandinavia) are hardly in the running. With this lack of enthusiasm being evidenced by virtually all of the EU member states' parliaments, one has to wonder how much support the Brussels bureaucrats really have for their scheme. Perhaps Brian will have some insight here as to what this all means. Clearly RoHS is not at the top of anyone's list of concerns (other than the victims).
>
> Finland - The Ordinance on the Restriction of the Use of Hazardous Materials in Electrical and Electronic Equipment, transposing the RoHS Directive, was adopted by the Government on 9 September.
>
> France - The draft Decree (Décret relatif a la prévention et a la gestion des déchets d'équipements électriques et électroniques) transposes the broad lines of the WEEE and RoHS Directives. Detailed provisions will be implemented through ministerial orders which have yet to be prepared.
>
> Greece - Presidential Decree no. 117 transposing the WEEE and RoHS Directives is now in place. It was published in Government Gazette No. A82 on 5 March 2004.
>
> Ireland - favors self-reporting for RoHS compliance.
>
> Italy - work on draft legislation is in progress.
>
> Luxembourg - draft law awaiting parliamentary approval.
>
> <?xml:namespace prefix = o ns = "urn:schemas-microsoft-com:office:office" />Netherlands - the WEEE Management Decree transposes the RoHS Directive (sic).
>
> Sweden - draft ordinance being circulated.
>
>
>
> Gordon Davy
> Baltimore, MD
> [log in to unmask]
> 410-993-7399
>
>
>
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