Legalize / United Kingdom / Statutory-Instrument

The Waste Electrical and Electronic Equipment Regulations 2013

Type Statutory-Instrument

Publication 2013-12-07

Last updated 2025-08-12

State In force

Department King's Printer of Acts of Parliament

Source legislation.gov.uk

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Reform history JSON API

(a) has been issued under paragraph 4(b) or 11(b), and;

(b) relates to the same compliance period as the revised notification;

will be superseded by the revised notification issued under paragraph 11(b).

Financing: WEEE from users other than private households

29

(1) Where regulation 14(8) applies in relation to a scheme, the operator of that scheme will be responsible for financing the costs referred to in regulation 12(1) for which each scheme member is responsible under regulation 12 in any compliance period, or any part of a compliance period, during which his membership of that scheme subsists.

(2) Nothing in paragraph (1) will prevent an operator of a scheme who is acting on behalf of a scheme member from concluding an agreement whereby the parties to the agreement make alternative arrangements between themselves to finance the costs of the collection, treatment, recovery and environmentally sound disposal of WEEE.

Prioritisation of the reuse of whole appliances

30

In respect of any WEEE for which it is responsible under these Regulations, an operator of a scheme must ensure that systems are set up to prioritise the reuse of whole appliances.

Treatment

31

(1) In respect of any WEEE for which it is responsible under these Regulations, an operator of a scheme must ensure—

(a) that systems are set up to provide for the separate collection and treatment of such WEEE using the best available collection, treatment, recovery and recycling techniques; and

(b) that such WEEE is—

(i) treated at an ATF, or

(ii) exported by an approved exporter for treatment outside the United Kingdom.

(2) Paragraph (1)(b) does not apply to WEEE reused as a whole appliance.

Recovery

32

(1) In respect of any WEEE for which it is responsible under these Regulations, an operator of a scheme must ensure—

(a) that systems are set up to provide for the recovery of such WEEE; and

(b) that such WEEE is—

(i) recovered or recycled by a reprocessor, or

(ii) exported by an approved exporter for recovery or recycling outside the United Kingdom.

(2) Paragraph 1(b) will not apply to WEEE reused as a whole appliance.

Payment of a compliance fee

33

(1) Where a scheme has not financed the collection, treatment, recovery and environmentally sound disposal of the total amount of WEEE in each of the WEEE categories for which its members are responsible under regulation 11, through—

(a) collecting WEEE from designated collection facilities; or

(b) collecting WEEE that has been returned under regulation 43 or 52 but is not deposited at a designated collection facility; or

(d) collecting WEEE under regulation 50; or

(e) a combination of (a), (b), (c) and (d);

the operator of that scheme may choose to finance the collection, treatment, recovery and environmentally sound disposal of the amount of WEEE in tonnes which is equal to the amount in tonnes of WEEE which that scheme has not collected within the compliance period by paying a compliance fee.

(2) The amount of WEEE for which any scheme that chooses to pay the compliance fee under paragraph (1) will be responsible, will be calculated in relation to each of the categories of EEE as follows—

$$(A÷B)×C−D$where—“A” is the total amount in tonnes of EEE intended for use by private households and falling within one of the categories of EEE (“the relevant category”) that has been placed on the market in the United Kingdom by all of the members of a particular scheme in the previous compliance period, or part of the previous compliance period (“the relevant compliance period”) during which their membership of that scheme subsists;“B” is the total amount in tonnes of EEE intended for use by private households and falling within the relevant category that has been placed on the market in the United Kingdom by all producers and authorised representatives in the same compliance period used in “A”;“C” is the total amount in tonnes of WEEE from private households which is waste from electrical or electronic equipment that falls within the relevant category which the Secretary of State has determined under regulation 28(5) to be the total amount in tonnes to be financed by producers and authorised representatives in that category in the compliance period that follows compliance period used in “A”; and “D” is the total amount in tonnes of WEEE from private households that has been financed by the scheme in the relevant category during the compliance period used in “C”.$

(3) A scheme operator who elects to pay the compliance fee referred to in paragraph (1) must ensure that the fee is paid to a third party approved by the Secretary of State under regulation 76 by 31st March in the compliance period following that to which the fee relates.

Collection Arrangements

34

(1) If paragraph (2) applies, the operator of a designated collection facility may require any scheme operator to arrange for the collection and treatment of deposited WEEE from that facility.

(2) This paragraph applies where there is no contract in place for the collection and treatment of WEEE that is in the same WEEE collection stream as deposited WEEE between the operator of the designated collection facility and—

(a) the scheme operator required to take action under paragraph (1), or

(b) any other scheme operator.

(3) Nothing in this regulation—

(a) prevents the operator of the designated collection facility from contacting more than one scheme operator before taking action under paragraph (1);

(b) prevents the scheme operator required to take action under paragraph (1) from entering into an arrangement with other scheme operators to arrange for the collection and treatment of the deposited WEEE;

(ba) prevents the fulfilment by an approved PBS (within the meaning of regulation 34B) of a requirement under paragraph (1) to arrange for the collection and treatment of the deposited WEEE;

(c) obliges the scheme operator required to take action under paragraph (1) to collect and treat any WEEE which the operator of the designated collection facility is approved to retain under regulation 53.

(4) In this regulation—

“deposited WEEE” means WEEE deposited at the designated collection facility mentioned in paragraph (1);

“operator of a designated collection facility means—a local authority, ora person operating a designated collection facility on behalf of a local authority;

“scheme operator” means an operator of a scheme approved under regulation 55 for the purpose of complying with obligations under regulation 28 relating to WEEE from private households.

Reporting: WEEE during the transitional period

35

(1) An operator of a scheme must provide to the appropriate authority information on—

(a) the total amount in tonnes of WEEE that the operator has been responsible for collecting from a designated collection facility;

(b) the total amount in tonnes of WEEE that the operator has been responsible for delivering to an AATF for treatment or to an approved exporter of whole appliances for reuse outside the United Kingdom;

(d) the total amount in tonnes of WEEE that the operator has taken back under regulation 52;

during a relevant compliance period.

(2) The information referred to in paragraph (1) must be—

(a) in writing;

(b) either submitted in the format published by the appropriate authority under regulation 79 or online; and

(i) on or before 30th April in a relevant compliance period in respect of the first quarter period in that compliance period,

(ii) on or before 31st July in a relevant compliance period in respect of the second quarter period in that compliance period,

(iii) on or before 31st October in a relevant compliance period in respect of the third quarter period in that compliance period; and

(iv) on or before 31st January in the year immediately following the end of a relevant compliance period in respect of the fourth quarter period in that compliance period.

(3) The information referred to in paragraph (1) must, during the transitional period—

(a) specify the amount in tonnes of WEEE by reference to each of the following categories—

(i) the categories listed in Schedule 1 (excluding display equipment, appliances containing refrigerants, gas discharge lamps, LED light sources and photovoltaic panels),

(ii) display equipment,

(iii) appliances containing refrigerants,

(iv) gas discharge lamps and LED light sources; and

(v) photovoltaic panels; and

(b) for each category referred to in sub-paragraph (a), specify the amount in tonnes of—

(i) WEEE from private households; and

(ii) WEEE from users other than private households.

(4) The information referred to in paragraph (1)(b) must specify to which AATF or approved exporter the relevant WEEE was delivered.

Reporting: WEEE from 1st January 2019

36

(1) From 1st January 2019, an operator of a scheme must provide to the appropriate authority information on—

(a) the total amount in tonnes of WEEE that the operator has been responsible for collecting from a designated collection facility;

(b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(d) the total amount in tonnes of WEEE that the operator has taken back under regulation 52;

during a relevant compliance period.

(2) The information referred to in paragraph (1) must be provided—

(i) on or before 30th April in a relevant compliance period in respect of the first quarter period in that compliance period,

(ii) on or before 31st July in a relevant compliance period in respect of the second quarter period in that compliance period,

(iii) on or before 31st October in a relevant compliance period in respect of the third quarter period in that compliance period; and

(iv) on or before 31st January in the year immediately following the end of a relevant compliance period in respect of the fourth quarter period in that compliance period.

(3) The information referred to in paragraph (1) must be—

(a) in writing;

(b) either submitted in the format published by the appropriate authority under regulation 79 or online;

(i) the categories listed in Schedule 3 (excluding display equipment, appliances containing refrigerants, gas discharge lamps, LED light sources and photovoltaic panels,

(ii) display equipment,

(iii) appliances containing refrigerants,

(iv) gas discharge lamps and LED light sources; and

(v) photovoltaic panels; and

(d) for each category referred to in sub-paragraph (c), specify the amount in tonnes of—

(i) WEEE from private households; and

(ii) WEEE from users other than private households.

(4) The information referred to in paragraph (1)(b) must specify to which AATF or approved exporter the relevant WEEE was delivered.

Reporting: EEE placed on the market during the transitional period

37

(1) An operator of a scheme must provide to the appropriate authority information on the total amount in tonnes of EEE that each member of that scheme has placed on the market in the United Kingdom in each compliance period, or part of a compliance period, during which his membership of that scheme subsists.

(1A) For the purposes of calculating the information referred to in paragraph (1), the operator of a scheme may deduct from the total amount of EEE that each member of that scheme has placed on the market in the United Kingdom, EEE which that member has placed on the market in the United Kingdom and which was exported in the same compliance period.

(2) The information referred to in paragraph (1) must, during the transitional period—

(a) be provided in writing or online;

(b) specify the amount in tonnes of EEE by reference to each of the following categories—

(i) the categories listed in Schedule 1 (excluding display equipment, appliances containing refrigerants, gas discharge lamps, LED light sources and photovoltaic panels),

(ii) display equipment,

(iii) appliances containing refrigerants,

(iv) gas discharge lamps and LED light sources; and

(v) photovoltaic panels;

(i) EEE intended for use by private households; and

(ii) EEE intended for use by users other than private households;

(d) be provided for EEE intended—

(i) for use by private households for each quarter period of a relevant compliance period on or before the last day of the month that immediately follows the end of that quarter period, and

(ii) for use by users other than private households on or before 31st January of the year immediately following the end of the relevant compliance period;

(e) be submitted in the format published in regulation 79.

Reporting: EEE placed on the market from 1st January 2019

38

(1) From 1st January 2019, an operator of a scheme must provide to the appropriate authority information on the total amount in tonnes of EEE that each member of that scheme has placed on the market in the United Kingdom in each compliance period, or part of a compliance period, during which his membership of that scheme subsists.

(1A) For the purposes of calculating the information referred to in paragraph (1), the operator of a scheme may deduct from the total amount of EEE that each member of that scheme has placed on the market in the United Kingdom, EEE which that member has placed on the market in the United Kingdom and which was exported in the same compliance period.

(1B) As regards EEE placed on the market by each scheme member in their capacity as an OMP producer, the information referred to in paragraph (1) must include a breakdown of how much of the total amount comprises EEE originating from non-UK suppliers.

(1C) Any information reported for the purposes of paragraph (1B) must be accompanied by—

(a) confirmation that the relevant amount has been determined in accordance with the methodology submitted for that purpose under paragraph 11A of Part 1 of Schedule 8; or

(b) where such confirmation was not provided by the scheme member, confirmation that the relevant amount has been determined in accordance with a material change to the methodology notified in accordance with regulation 18(1C).

(2) From 1st January 2019 the information referred to in paragraph (1) must—

(a) be in writing; and

(b) specify the amount in tonnes of EEE by reference to each of the following categories—

(i) the categories listed in Schedule 3 (excluding display equipment, appliances containing refrigerants, gas discharge lamps, LED light sources and photovoltaic panels),

(ii) display equipment,

(iii) appliances containing refrigerants,

(iv) gas discharge lamps and LED light sources; and

(v) photovoltaic panels;

(i) EEE intended for use by private households; and

(ii) EEE intended for use by users other that private households.

(3) The information referred to in paragraph (1) must be provided for EEE intended—

(a) for use by private households for each quarter period of a relevant compliance period on or before the last day of the month that immediately follows the end of that quarter period;

(b) for use by users other than private households on or before 31st January of the year immediately following the end of the relevant compliance period; and

Declaration of compliance

39

(1) Where an operator of a scheme has any obligation in relation to—

(a) WEEE from private households under regulation 28, 31 or 32; or

(b) WEEE from users other than private households under regulation 29, 31 or 32 during a relevant compliance period

that operator of a scheme must provide a declaration of compliance to the appropriate authority on or before 31st March of the year that immediately follows the end of that compliance period.

(2) A declaration of compliance must—

(a) be made in writing;

(b) include the information set out in Part 2 of Schedule 7;

(c) be accompanied by copies of all evidence notes acquired in respect of the relevant compliance period to which the declaration relates; and

(d) where a scheme operator has elected to pay a compliance fee in relation to regulation 33, contain evidence that the compliance fee has been paid.

(3) Where an operator of a scheme is under an obligation to provide a declaration of compliance under this regulation, that declaration must be signed by—

(a) where that operator of a scheme is an individual, that individual;

(b) where that operator of a scheme is a partnership, a partner;

(d) where that operator of a scheme is a body that is not registered in the United Kingdom, the individual who has control or management of that body.

Record keeping: transitional period

40

(1) Each operator of a scheme who has obligations under regulation 28, 29, 31 or 32 in relation to any compliance period, or any part of a compliance period must, during the transitional period, keep records of the following information—

(a) the amount in tonnes of all WEEE which that operator of a scheme has delivered to or collected from or caused to be deposited at or collected from—

(i) a designated collection facility,

(ii) an AATF, or

(iii) an approved exporter, during that compliance period, or that part of a compliance period;

(b) the categories of the WEEE referred to in sub-paragraph (a) by reference to—

(i) each of the categories listed in Schedule 1 (excluding display equipment, appliances containing refrigerants, gas discharge lamps, LED light sources and photovoltaic panels),

(ii) display equipment,

(iii) appliances containing refrigerants,

(iv) gas discharge lamps and LED light sources; and

(v) photovoltaic panels;

(i) WEEE from private households, and

(ii) WEEE from users other than private households; and

(d) the amount in tonnes of WEEE reused as a whole appliance.

(2) The records referred to in this regulation must be kept for a period of at least four years commencing on the date on which any such record is made and must be made available to the appropriate authority on demand.

Record keeping: From 1st January 2019

41

(1) From 1st January 2019, an operator of a scheme who has obligations under regulation 28, 29, 31 or 32 in relation to any compliance period, or any part of a compliance period, must keep records of the following information—

(a) the amount in tonnes of all WEEE which that operator of a scheme has delivered to or collected from or caused to be deposited at or collected from—

(i) a designated collection facility,

(ii) an AATF, or

(iii) an approved exporter, during that compliance period, or that part of a compliance period;

(b) the categories of the WEEE referred to in sub-paragraph (a) by reference to each of the following categories—

(i) the categories listed in Schedule 3 (excluding display equipment, appliances containing refrigerants, gas discharge lamps, LED light sources and photovoltaic panels),

(ii) display equipment,

(iii) appliances containing refrigerants,

(iv) gas discharge lamps and LED light sources, and

(v) photovoltaic panels;

(i) WEEE from private households, and

(ii) WEEE from users other than private households; and

(d) the amount in tonnes of WEEE reused as a whole appliance.

(2) The records referred to in this regulation must be kept for a period of at least four years commencing on the date on which any such record is made and will be made available to the appropriate authority on demand.

PART 5 — DISTRIBUTOR OBLIGATIONS AND RIGHTS: WEEE FROM PRIVATE HOUSEHOLDS

Takeback

42

(1) A distributor who supplies new EEE to a person must ensure that WEEE from private households can be returned to them free of charge and on a one-to-one basis by that person, provided that any such WEEE—

(a) is of an equivalent type to, and

(b) has fulfilled the same function as,

the supplied equipment.

(2) A distributor who supplies new EEE from a retail premises with a sales area relating to EEE of at least 400m² must provide for the collection of very small WEEE free of charge to the end-user of the EEE with no obligation to buy EEE of an equivalent type. Such collection must take place at the retail premises or in its immediate proximity.

Returns

43

(1) A distributor may return WEEE from private households free of charge to the system that has been set up by an operator of a scheme that has been approved under regulation 55 for the purposes of complying with that operator of a scheme’s obligations in relation to WEEE from private households under regulation 28.

(2) For the purposes of paragraph (1), “system” means a system that an operator of a scheme has set up —

(a) in accordance with regulations 30, 31 and 32; and

(b) under regulation 50.

Information

44

A distributor who supplies new EEE must make information available in writing to users of EEE in private households on—

(a) the need to minimise the disposal of WEEE as unsorted municipal waste and to achieve a high level of collection (including separate collection) of WEEE for treatment, recovery and environmentally sound disposal;

(b) the collection and take-back systems that are available to them;

(d) the potential effects on the environment and human health as a result of the presence of hazardous substances in EEE; and

(e) the meaning of the crossed out wheeled bin symbol shown in Schedule 6.

Record keeping

45

(1) A distributor to whom the regulation 42 applies must keep a record of the number of units of WEEE from private households that are returned to him under that regulation.

(2) A distributor who returns WEEE from private households under regulation 43 must keep a record of the number of units of WEEE from private households returned by him under that regulation.

(3) Each distributor to whom the obligation in regulation 44 applies must keep a record of the information made available under that regulation.

(4) The records referred to in this regulation must be kept for a period of at least four years commencing on the date on which any such record is made and must be made available to the Secretary of State on demand.

Exemption for distributors who are current members of a distributor take back scheme

46

Where a distributor is a member of a distributor take back scheme, they will be exempt from complying with the requirements of regulation 42 and 45(1) for the period during which his membership of the scheme subsists.

PART 6 — MISCELLANEOUS

Financing obligation: Collection of WEEE from users other than private households

47

(1) Where WEEE from a user other than a private household arises from EEE placed on the market in the United Kingdom before 13th August 2005 and regulation 12(1)(b) does not apply, the final user of that WEEE will finance the costs of its collection, treatment, recovery and environmentally sound disposal.

(2) Nothing will prevent a user other than a private household from concluding an agreement with a third party whereby the parties to the agreement make alternative arrangements between themselves to finance the costs of collection, treatment, recovery and environmentally sound disposal of WEEE.

(3) In respect of any WEEE which he is responsible for financing the costs of under paragraph (1), a user other than a private household must ensure that such WEEE is—

(a) treated at an ATF, or

(b) exported by an approved exporter for treatment outside the United Kingdom.

(4) Paragraph (3) does not apply to WEEE reused as a whole appliance.

Obligation to optimise the reuse and recycling of WEEE

48

Any person who collects or transports WEEE in connection with the carrying out of any obligation under regulations 28 or 29 must ensure that all such WEEE is collected and transported in a way that optimises reuse and recycling of that equipment or of components of that equipment.

WEEE from private households which presents a health and safety risk

49

Nothing in these Regulations will prevent any person from refusing to handle WEEE from private households that presents a health and safety risk to any individual because of contamination.

Take back: WEEE from private households

50

Nothing in these Regulations will prevent an operator of a scheme from establishing and operating a system to take back WEEE from private households provided that system is consistent with the Directive.

Prohibition on showing the costs of financing the collection, treatment and environmentally sound disposal of WEEE from private households

51

(1) A producer , non-UK supplier or distributor must not show a person, who purchases EEE otherwise than in the course of a business, at the time of sale of new EEE the costs of financing the collection, treatment and environmentally sound disposal of WEEE from private households.

(2) For the purposes of any obligation placed on a non-UK supplier under paragraph (1), reference to the producer in sub-paragraph (f)(v) of the definition of “appropriate authority” in regulation 2 is to be read as though it referred to the non-UK supplier.

Final holder right of return: WEEE from private households

52

(1) A final holder may return WEEE from private households free of charge to the system that has been set up by an operator of a scheme that has been approved under regulation 55 for the purposes of complying with that operator of a scheme’s obligations in relation to WEEE from private households under regulation 28.

(2) For the purposes of paragraph (1), “system” means a system that an operator of a scheme has set up—

(a) in accordance with regulations 30, 31 and 32; and

(b) under regulation 50.

(3) For the purposes of this regulation, “final holder” means a person who decides to discard EEE that becomes WEEE from private households and who is not able for any reason to return that WEEE free of charge to a designated collection facility.

Notification of an intention to retain WEEE falling within certain WEEE streams

53

(1) Where the operator of a designated collection facility is a local authority, that operator may retain WEEE in any compliance period, which—

(a) falls within one of the seven WEEE collection streams; and

(b) has been deposited for collection at a designated collection facility that he operates

provided that the operator of the facility has notified the Secretary of State of their intention to retain that WEEE.

(2) A notification submitted to the Secretary of State under paragraph (1), must—

(a) be made in writing;

(b) be submitted to the Secretary of State by 31st January in the compliance period during which the operator intends to retain WEEE;

(d) provide data relating to the tonnage of WEEE deposited at the designated collection facility in the compliance period before the compliance period during which the operator intends to retain WEEE in relation to each of the seven WEEE collection streams that the operator intends to retain; and

(e) confirm that any WEEE retained by the operator of a designated collection facility in accordance with paragraph (1) must be—

(i) prepared for re-use; or

(ii) treated at an AATF.

(3) The Secretary of State must acknowledge receipt of any notification submitted under paragraph (2) by 28th February in the compliance period during which the operator intends to retain WEEE falling within a particular WEEE collection stream.

(4) A notification submitted under paragraph (2) which has been acknowledged by the Secretary of State under paragraph (3) permits the operator of the facility submitting the notification to retain WEEE falling within the WEEE collection streams listed in the notification during the compliance period during which the notification applies.

(5) By 31st January in the compliance period following that to which a notification made under paragraph (2) relates, the operator of a facility who submitted that notification must provide to the Secretary of State information on the total amount in tonnes of WEEE that has been retained during the previous compliance period.

(6) The information referred to in paragraph (5) must—

(a) be in writing;

(b) specify the amount of WEEE retained in each WEEE collection stream listed in the notification submitted under paragraph (2) in the previous compliance period;

(7) Any WEEE that is retained by the operator of a designated collection facility under this regulation must—

(a) be treated at an AATF; or

(b) exported by an approved exporter for treatment outside the United Kingdom.

Shipments of used EEE

54

(1) An approved exporter who exports used EEE must comply with the requirements of Schedule 9.

(2) The records referred to in Schedule 9 must be kept for a period of at least four years commencing on the date on which any such record is made and must be made available to the appropriate authority on demand.

PART 7 — APPROVAL OF PROPOSED SCHEMES AND WITHDRAWAL OF APPROVAL OF SCHEMES

Application for approval of a proposed scheme

55

(1) Subject to paragraph (2), an application for approval of a proposed scheme must be made to the appropriate authority by the operator of the proposed scheme in respect of an application for approval for a compliance period (“the relevant compliance period”), during the period commencing on 1st July and ending with 31st August in the year immediately preceding the commencement of that compliance period.

(2) Where a scheme member has been served with a notification under regulation 58(3) in relation to his membership of a particular scheme (“the old scheme”) and that scheme member has notified the appropriate authority under regulation 14(9) that he intends to join a proposed scheme, the operator of that proposed scheme must make an application under paragraph (1) within 28 days of the date of the notice served on that scheme member under regulation 58(3).

(3) Where the operator of a proposed scheme is a partnership the application for approval must be made by any partner acting on behalf of the partnership.

(4) An application for approval of a proposed scheme must—

(a) be made in writing;

(b) include—

(i) the information set out in Part 1 of Schedule 10, which must be submitted in the format published by the appropriate authority under regulation 79,

(ii) a copy of the constitution of the proposed scheme which must contain the information set out in Part 2 of Schedule 10; and

(i) where the appropriate authority is the Environment Agency, the Natural Resources body for Wales, or SEPA the application charge specified in regulation 59(1), and

(ii) where the appropriate authority is the Department of Agriculture, Environment and Rural Affairs, the application charge specified in The Waste Electrical and Electronic Equipment (Charges) Regulations (Northern Ireland) 2014.

(5) An application for approval of a proposed scheme must be granted where—

(a) the operator of the proposed scheme has complied with all of the requirements of paragraph (4); and

(b) the appropriate authority is satisfied that the information provided by the operator of the proposed scheme in accordance with paragraph (4) demonstrates that—

(i) the operator of the proposed scheme must comply with the code of practice, and

(ii) the criteria for approval of a scheme set out in Part 3 of Schedule 10 are met, and must otherwise be refused.

(6) Where an application for approval under this regulation is granted—

(a) the appropriate authority must notify the operator of the scheme in writing of that decision—

(i) in the case of an application made under paragraph (1), on or before 30th September of the year immediately preceding the relevant compliance period,

(ii) in the case of an application made under paragraph (2), on or before 30th September of the year immediately preceding the relevant compliance period or within 28 days of the date of receipt of that application, whichever is the later, and

(iii) in the case of an application made under paragraph (1) or (2) that has been the subject of a decision to refuse to grant approval and in respect of which there has been a successful appeal under regulation 83, on or before 30th September of the year immediately preceding the relevant compliance period or within 28 days of the date of the determination of the appeal, whichever is the later; and

(b) the approval will cover the period—

(i) in the case of an application made under paragraph (1), from the commencement of the relevant compliance period, and

(ii) in the case of an application made under paragraph (2), from the commencement of the relevant compliance period or the date of the decision to grant approval under this regulation, whichever is the later;

and will remain in force unless approval is withdrawn for any reason under regulation 58;

(i) name of the scheme,

(ii) name and address of the operator of the scheme; and

(iii) whether the scheme is approved for the purposes of complying with an operator of a scheme’s obligations in relation to—

(aa) WEEE from private households under regulation 28;

(bb) WEEE from users other than private households under regulation 29; or

(cc) both (aa) and (bb).

(7) A notification served under paragraph (6)(a) must specify whether the scheme is approved for the purposes of complying with that operator of a scheme’s obligations in relation to—

(a) WEEE from private households under regulation 28;

(b) WEEE from users other than private households under regulation 29; or

(8) Where an application for approval made under this regulation by virtue of paragraph (2) is granted, the appropriate authority must notify each member of the old scheme who has served a notice under regulation 14(9)(b)(i) in writing of that decision within 14 days of the date of the decision.

Notification of a decision to refuse to approve a proposed scheme

56

(1) Any decision of the appropriate authority under regulation 55 to refuse to approve a proposed scheme must be notified, within 14 days of the decision, to the applicant.

(2) A notification under paragraph (1) must—

(a) be made in writing;

(b) give the reasons for the decision; and

(3) Where the appropriate authority has made a decision under regulation 55 to refuse to approve a proposed scheme that is the subject of an application for approval under regulation 55(2), it must notify each member of the old scheme who has served a notice under regulation 14(9)(b)(i) in writing of that decision within 14 days of the date of the decision.

Conditions of approval

57

Approval of a scheme will be subject to the following conditions—

(a) that the operator of that scheme must comply with his obligations under Part 4;

(b) that where the operator of that scheme collects WEEE from a designated collection facility he must comply with the code of practice;

(c) that the operator of that scheme must provide any information reasonably requested by the appropriate authority with regard to the obligations referred to in paragraph (a);

(d) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(e) that the operator of that scheme must inform the appropriate authority in writing, either in hardcopy, by email or online of—

(i) any change in the person who is the operator of the scheme and, in the case where the operator of the scheme is a partnership, any change of partners,

(ii) any material change in—

(aa) the information provided in accordance with regulation 26 or 27;

(bb) the information provided in accordance with regulation 55(4)(b)(i);

(cc) the constitution submitted in accordance with regulation 55(4)(b)(ii), or

(iii) a conviction of the operator of that scheme for an offence under these Regulations, within 28 days of their conviction,

(f) that—

(i) where the appropriate authority is the Environment Agency, the Natural Resources Body for Wales or SEPA, the operator of that scheme, pays the annual producer charge specified in regulation 59(2) to the appropriate authority on receipt of an invoice for such a charge issued by that appropriate authority under regulation 79(3), and

(ii) where the appropriate authority is the Department of Agriculture, Environment and Rural Affairs, the operator of that scheme pays the annual producer charge specified in The Waste Electrical and Electronic Equipment (Charges) Regulations (Northern Ireland) 2014 on receipt of an invoice for such a charge issued by that appropriate authority under regulation 79(3);

(g) that the operator of that scheme will provide records and reports to the appropriate authority in compliance with—

(i) regulations 35 and 37 during the transitional period; or

(ii) from 1st January 2019 regulations 36 and 38;

(h) that the operator of that scheme will accept WEEE from private households free of charge from—

(i) a distributor in accordance with regulation 43, and

(ii) a final holder in accordance with regulation 52; and

(i) that the operator of that scheme continues to meet the requirements for approval of a scheme set out in Part 3 of Schedule 10.

Withdrawal of approval of a scheme

58

(1) The appropriate authority may withdraw approval of a scheme where—

(a) the appropriate authority is satisfied that the operator of that scheme—

(i) is in breach of any condition in regulation 57,

(ii) knowingly or recklessly supplied false or misleading information in connection with—

(aa) the application for approval made under regulation 55;

(bb) an application for registration made under regulation 26;

(cc) a notification made under regulation 27; or

(dd) compliance with any condition in regulation 57;

(b) the operator of that scheme has been convicted of an offence under these Regulations.

(2) Before the withdrawal of approval of a scheme under paragraph (1) the appropriate authority must serve a notification in writing on the operator of that scheme which must state—

(a) that approval of the scheme is to be withdrawn;

(b) the reasons for the decision;

(d) the date when the withdrawal of approval will take effect, not being earlier than the expiration of the time limit for an appeal against the notification as provided for in Schedule 14.

(3) Where a notification has been served in accordance with paragraph (2) and any appeal against that notification has been dismissed, the appropriate authority must serve a notification in writing on each member of that scheme which must contain—

(a) a statement that approval of that scheme has been withdrawn and the effective date of the withdrawal of approval;

(b) the reasons for the decision to withdraw approval;

(c) a request for details of the amount in tonnes of EEE that that member has placed on the market in the United Kingdom during any compliance period, or any part of a compliance period, where any such information has not been provided to the appropriate authority by the operator of that scheme in compliance with—

(i) regulation 37 during the transitional period, or

(ii) from 1st January 2019, regulation 38; and

(iii) where sub-paragraph (i) or (ii) applies, statement of the obligation of a producer to join a new scheme under regulation 14(9).

Charges

59

(1) The application charge referred to in regulation 55(4)(c)(i) will be £12,150 for each scheme.

(2) Subject to paragraph (3), the annual producer charge referred to in regulation 57(f)(i) will be—

(a) £30 for each scheme member who is not, and is not required to be, registered under the Value Added Tax Act 1994[^f00029];

(b) £30 for each scheme member who is a small producer;

(c) £210 for each scheme member who is, or is required to be, registered under the Value Added Tax Act 1994 and who had a total turnover of £1 million or less in the last financial year; and

(d) £445 for each scheme member who had a total turnover of more than £1 million in the last financial year.

(3) Where an operator of a scheme does not provide the appropriate authority with evidence to support a claim that a scheme member is eligible for the charge specified in paragraph (2)(a),(b) or (c), that scheme member will be deemed to be eligible for the charge specified in paragraph (2)(d).

(4) Where a small producer has submitted an application under regulation 16 for registration as a small producer in a particular compliance period the annual producer charge will be the same as that set out in regulation 59(2)(b).

(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(6) Where for any reason approval is refused under regulation 55 or is withdrawn under regulation 58 the appropriate authority will not be under any obligation to refund the whole or any part of the application charge that has been paid in accordance with regulation 55(4)(c)(i).

(7) The provisions of paragraphs (1) and (6) will not apply if, or to the extent that, they have been superseded by the provisions of a charging scheme made under section 41 of the Environment Act 1995[^f00030]—

(a) by the Environment Agency in respect of applications for approval made under regulation 55 to that appropriate authority;

(b) by the Natural Resources Body for Wales in respect of applications for approval made under regulation 55 to that appropriate authority; or

(7A) The provisions of paragraphs (2), (3) and (4) will not apply if, or to the extent that, they have been superseded by the provisions of a charging scheme made under section 41 of the Environment Act 1995—

(a) by the Environment Agency in respect of each scheme member whose registered office, or, where the scheme member does not have a registered office, the scheme member’s principal place of business, is in England or outside the United Kingdom;

(b) by the Natural Resources Body for Wales in respect of each scheme member whose registered office, or, where the scheme member does not have a registered office, the scheme member’s principal place of business, is in Wales, and

(c) by SEPA in respect of each scheme member whose registered office, or, where the scheme member does not have a registered office, the scheme member’s principal place of business, is in Scotland.

(8) A charging scheme made under section 41 of the Environment Act 1995 will specify the extent to which it supersedes any of the provisions in paragraphs (1), (2), (3) (4), (5) and (6).

(9) To the extent that any of the provisions of paragraphs (1), (2), (3) (4), (5) and (6) are superseded in accordance with paragraph (7) or, as the case may be, (7A), any reference in these Regulations to a charge specified in paragraph (1), (2) ..., (4) or (5) will be read as a reference to the charge which supersedes that charge and which is prescribed by a charging scheme.

PART 8 — APPROVAL OF AUTHORISED TREATMENT FACILITIES AND EXPORTERS

Requirement for approval

60

(1) A person must not issue an evidence note under regulation 61(2)(a) unless they are at the time of issue an operator of an AATF and that evidence relates to WEEE received by, or on behalf of, that AATF in a relevant approval period.

(2) A person must not issue an evidence note under regulation 61(2)(b) unless they are at the time of issue an approved exporter and that evidence relates to WEEE received by them in a relevant approval period for export.

Application for approval

61

(1) An application for approval of an ATF or an exporter under this Part must be made to the appropriate authority and must—

(a) be made in writing,

(b) contain the information set out in Part 1 of Schedule 11, which must be submitted in the format published by the appropriate authority under regulation 81; and

(i) where the appropriate authority is the Environment Agency, the Natural Resources Body for Wales or SEPA,

(aa) in the case of an applicant who undertakes to issue evidence notes for not more than 400 tonnes of WEEE in the approval period to which the application relates, the application charge specified in regulation 65(1)(a); and

(bb) in any other case, the application charge specified in regulation 65(1)(b); or

(ii) where the appropriate authority is the Department of Agriculture, Environment and Rural Affairs;

(aa) in the case of an applicant who undertakes to issue evidence notes for not more than 400 tonnes of WEEE in the approval period to which the application relates; and

(bb) in any other case,

the application charge specified in The Waste Electrical and Electronic Equipment (Charges) Regulations (Northern Ireland) 2014.

(2) An application for approval made by—

(a) an operator of an ATF, to issue an evidence note in relation to WEEE received; or

(b) an exporter, to issue an evidence note in relation to WEEE that is received for export for reuse as a whole appliance,

must be granted where the appropriate authority is satisfied as to the matters set out in paragraph (3) and must otherwise be refused.

(3) The matters referred to—

(a) in paragraph (2)(a) are—

(i) that the applicant is an operator of an ATF,

(ii) that the applicant will comply with the conditions referred to in regulation 63(1); and

(iii) that the application has been made in accordance with paragraph (1); and

(b) in paragraph (2)(b) are—

(i) that the applicant is an exporter,

(ii) where the application for approval relates to one or more reuse, treatment, recovery or recycling sites outside the EEA, that the requirements of Article 9(3) of the Directive will be met in respect of each such site,

(iii) the applicant must comply with the conditions referred to in regulation 63(2); and

(iv) that the application has been made in accordance with paragraph (1).

(4) The appropriate authority must notify the applicant in writing of its decision under paragraph (2) no later than 12 weeks after the application was made and, if the decision is a decision to refuse approval, such a notification must state—

(a) the reasons for the decision; and

(b) the right of appeal under Part 12.

(5) Subject to regulation 64, where approval is granted under paragraph (2), it will take effect—

(a) where the application is made in the preceding year to that in which the person has applied to be approved—

(i) from 1st January where the decision to grant approval was made before that date, and

(ii) in all other cases, from the date of the decision, and

will remain in force until 31st December in the year for which the person has applied to be approved;

(b) where the application is made during the year in which the person has applied to be approved, from the date of the decision, and will remain in force until 31st December in that year.

(6) Where an operator of an ATF or an exporter who has—

(a) given the undertaking referred to in paragraph (1)(c)(i)(aa); and

(b) paid the application charge specified in regulation 65(1)(a),

subsequently breaches that undertaking, that operator of an ATF will from the date of that breach be liable to pay the appropriate authority the balance of the charge which would have been payable under paragraph (1)(c)(i)(bb) had the undertaking not been given.

(7) In this Part, “relevant approval period” means the period in respect of which a grant of approval that has been made under this regulation remains in force.

Application for extension of approval of an exporter to an additional site

62

(1) An application to extend a grant of approval of an exporter made by an appropriate authority under regulation 61 during a relevant approval period to include an additional site to which he wants to export WEEE for reuse, ... must be made to that appropriate authority and must—

(a) be made in writing;

(b) contain the information referred to in Part 1 of Schedule 11, which must be submitted in the format published by the appropriate authority under regulation 81; and

(i) where the appropriate authority is the Environment Agency, the Natural Resources body for Wales or SEPA the extension of approval charge specified in regulation 65(2), and

(ii) where the appropriate authority is the Department of Agriculture, Environment and Rural Affairs, the extension of approval charge specified in The Waste Electrical and Electronic Equipment (Charges) Regulations (Northern Ireland) 2014.

(2) An application to extend an exporter’s approval to include an additional site located within the EEA must be granted by the appropriate authority where it is satisfied that the application has been made in accordance with regulation 61, and must otherwise be refused.

(3) An application to extend an exporter’s approval to include an additional site located outside the EEA must be granted by the appropriate authority where it is satisfied that that site meets the requirements of Article 9(3) of the Directive and is satisfied that the application was made in accordance with regulation 61, and must otherwise be refused.

(4) The appropriate authority must notify the applicant in writing of a decision made under paragraph (2) or (3) no later than 12 weeks after the application was made and, if the decision is a decision to refuse approval, such a notification must state—

(a) the reasons for the decision; and

(b) the right of appeal under Part 12.

(5) Subject to regulation 64, where an application is granted under paragraph (2) or (3), it will take effect from the date of that decision or the date that the applicant’s grant of approval under regulation 61 took effect, whichever is the later date, and will remain in force until the date that the applicant’s approval granted under regulation 61 expires.

Conditions of approval

63

(1) An operator of an AATF must comply with the conditions specified in Part 2 of Schedule 11.

(2) An approved exporter must comply with the conditions specified in Part 3 of Schedule 11.

Suspension and cancellation of approval

64

(1) The appropriate authority may suspend or cancel the approval of an ATF or exporter where it appears to it that—

(a) in the case of an AATF, the operator of that AATF has failed, or is likely to fail, to comply with any of the conditions specified in Part 2 of Schedule 11;

(b) in the case of an exporter, the person who is approved has failed, or is likely to fail, to comply with any of the conditions specified in Part 3 of Schedule 11; or

(c) the operator of an AATF or the approved exporter has knowingly or recklessly supplied false or misleading information—

(i) in his application for approval made under regulation 61 or 62,

(ii) in the case of an AATF, in connection with compliance with any of the conditions specified in Part 2 of Schedule 11, or

(iii) in the case of an approved exporter, in connection with compliance with any of the conditions specified in Part 3 of Schedule 11.

(2) Where the appropriate authority is no longer satisfied that the requirements of Article 9(3) of the Directive are met in relation to WEEE exported to a site outside the EEA, the appropriate authority must cancel the approval of an exporter to the extent that it relates to that site.

(3) Where the appropriate authority suspends or cancels a grant of approval under paragraph (1) or cancels the approval of an exporter to the extent that it relates to a site under paragraph (2), it must serve on the operator of the ATF or the exporter concerned a notification in writing stating—

(a) its decision to cancel or suspend (as the case may be) the grant of approval;

(b) its reasons for the decision;

(d) in the case of a cancellation, the date when the cancellation will take effect, not being earlier than the expiration of the time limit for an appeal against the notice as provided for in Schedule 14; and

(e) in the case of a suspension,

(i) the date when the suspension will take effect, not being earlier than the date of receipt of the notification, and

(ii) the period of the suspension or any steps which are required to be taken in order to bring the suspension to an end.

(4) The approval of an ATF or an exporter will be deemed to be cancelled—

(a) on the date on which the approved facility ceases to be an ATF;

(b) on the date on which the person who is approved ceases to be an exporter;

(c) in the case where operator of an AATF requests that a grant of approval that relates to that AATF should be cancelled, with effect from the date of cancellation specified by that operator; or

(d) in the case where an approved exporter requests that a grant of approval that relates to him should be cancelled, with effect from the date of cancellation specified by that exporter.

Charges

65

(1) The application charge referred to in—

(a) regulation 61(1)(c)(i)(aa) will be £500; and

(b) regulation 61(1)(c)(i)(bb) will be £2,570.

(2) The extension of approval charge referred to in regulation 62(1)(c)(i) will be £110.

(3) Where for any reason approval is refused under regulation 61 or 62 or is suspended or cancelled under regulation 64 the appropriate authority will not be under any obligation to refund the whole or any part of the application fee that has been paid in accordance with regulation 61(1)(c)(i)(aa), 61(1)(c)(i)(bb) or 62(1)(c)(i).

(4) The provisions of paragraphs (1), (2) and (3) will not apply if, or to the extent that, they have been superseded by the provisions of a charging scheme made under section 41 of the Environment Act 1995—

(a) by the Environment Agency in respect of applications for approval made under regulation 61 or 62 to that appropriate authority;

(b) by the Natural Resources Body for Wales in respect of applications for approval made under regulation 61 or 62 to that appropriate authority; or;

(5) A charging scheme made under section 41 of the Environment Act 1995 will specify the extent to which it supersedes any of the provisions in paragraphs (1), (2) and (3).

(6) To the extent that any of the provisions of paragraphs (1), (2) and (3) are superseded in accordance with paragraph (4), any reference in these Regulations to a charge specified in paragraph (1) or (2) will be read as a reference to the charge which supersedes that charge and which is prescribed by a charging scheme.

Reporting

66

(1) An operator of an AATF or an approved exporter must provide reports to the appropriate authority—

(a) on or before 30th April in a relevant approval period in respect of the first quarter period in that approval period;

(b) on or before 31st July in a relevant approval period in respect of the second quarter period in that approval period;

(c) on or before 31st October in a relevant approval period in respect of the third quarter period in that approval period; and

(d) on or before 31st January in the year immediately following the end of a relevant approval period in respect of the fourth quarter period in that approval period.

(2) During the transitional period, the reports referred to in paragraph (1) must, include details of—

(a) in the case of an AATF—

(i) the total amount in tonnes of WEEE received for treatment under these Regulations, and

(ii) the total amount in tonnes of WEEE delivered to another ATF for treatment under these Regulations,

(iii) where sub-paragraph (a)(ii) applies

(aa) the name and address of the operator of the ATF referred to in that sub-paragraph; and

(bb) the address of the ATF where the treatment referred to in that sub-paragraph was carried out;

(iv) the total amount in tonnes of WEEE in respect of which evidence of reuse as a whole appliance has been issued by that AATF under these Regulations,

(v) where sub-paragraph (iv) applies and the evidence relates to WEEE that has not been received at the premises of that AATF, the name and address of the reuse establishment or undertaking in receipt of that WEEE, and

(vi) where sub-paragraph (a)(i), (ii) or (iv) applies, details of the amounts in tonnes of WEEE must be provided by reference to the following categories—

(aa) each of the categories listed in Schedule 1 (excluding display equipment, appliances containing refrigerants, gas discharge lamps, LED light sources and photovoltaic panels),

(bb) display equipment,

(cc) appliances containing refrigerants,

(dd) gas discharge lamps, and LED light sources; and

(ee) photovoltaic panels

and in the case of each category must specify the amount in tonnes of WEEE from private households, WEEE from users other than private households and from or on behalf of which scheme it was received;

(b) in the case of an approved exporter, the total amount of WEEE in tonnes received and the total amount of WEEE in tonnes exported for reuse as a whole appliance, treatment, recovery or recycling by reference to the following categories—

(i) each of the categories listed in Schedule 1 (excluding display equipment, appliances containing refrigerants, gas discharge lamps, LED light sources and photovoltaic panels),

(ii) display equipment,

(iii) appliances containing refrigerants,

(iv) gas discharge lamps and LED light sources, and;

(v) photovoltaic panels

(i) the name of the scheme; and

(ii) the total tonnage of WEEE stated in all evidence notes issued to that scheme.

(3) In addition to the requirements in paragraph (2), the reports referred to in paragraph (1) must include details of the total amount in tonnes of non-obligated WEEE received by the AATF or approved exporter and must also specify the total amount in tonnes of non-obligated WEEE received by the AATF that was retained by the operator of a designated collection facility under regulation 53, by reference to the following categories—

(a) each of the categories listed in Schedule 1 (excluding display equipment, appliances containing refrigerants, gas discharge lamps, LED light sources and photovoltaic panels);

(b) display equipment;

(d) gas discharge lamps and LED light sources; and

(e) photovoltaic panels.

(4) In addition to the requirements in paragraph (2), the report referred to in paragraph (1)(d) must include all of the information provided in the quarterly reports that relate to the relevant approval period.

(5) From 1st January 2014 until 31st December 2015 an operator of an AATF or an approved exporter must allow the appropriate authority to assess whether the conditions in Schedule 11 part 2 paragraph 22 have been met during the relevant approval period.

(6) From 1st January 2016 until 31st December 2018 an operator of an AATF or an approved exporter must allow the appropriate authority to assess whether the conditions in Schedule 11 part 2 paragraph 23 have been met during the relevant approval period.

(7) From 1st January 2019, an operator of an AATF or an approved exporter must allow the appropriate authority to assess whether the conditions in Schedule 11 part 2 paragraph 24 have been met during the relevant approval period.

(8) From 1st January 2019, the reports referred to in paragraph (1) must, include details of—

(a) in the case of an AATF—

(i) the total amount in tonnes of WEEE received for treatment under these Regulations, and

(ii) the total amount in tonnes of WEEE delivered to another ATF for treatment under these Regulations,

(iii) where sub-paragraph (a)(ii) applies

(aa) the name and address of the operator of the ATF referred to in that sub-paragraph; and

(bb) the address of the ATF where the treatment referred to in that sub-paragraph was carried out;

(iv) the total amount in tonnes of WEEE in respect of which evidence of reuse as a whole appliance has been issued by that AATF under these Regulations, and

(v) where sub-paragraph (iv) applies and the evidence relates to WEEE that has not been received at the premises of that AATF, the name and address of the reuse establishment or undertaking in receipt of that WEEE; ...

(vi) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b) in the case of an approved exporter, the total amount of WEEE in tonnes received and the total amount of WEEE in tonnes exported for reuse as a whole appliance, treatment, recovery or recycling ...; and

(i) the name of the scheme, and

(ii) the total tonnage of WEEE stated in all evidence notes issued to that scheme.

(8A) Where paragraph (8)(a)(i), (ii) or (iv) or (8)(b) applies, details of the amounts in tonnes of WEEE must be provided by reference to each of the following categories—

(i) the categories listed in Schedule 3 (excluding display equipment, appliances containing refrigerants, gas discharge lamps, LED light sources and photovoltaic panels),

(ii) display equipment,

(iii) appliances containing refrigerants,

(iv) gas discharge lamps and LED light sources, and

(v) photovoltaic panels

(9) In addition to the requirements in paragraph (8) the reports referred to in paragraph (1) must include details of the total amount in tonnes of non-obligated WEEE received by the AATF or approved exporter and must also specify the total amount in tonnes of non-obligated WEEE received by the AATF that was retained by the operator of a designated collection facility under regulation 53, by reference to each of the following categories—

(i) the categories listed in Schedule 3 (excluding display equipment, appliances containing refrigerants, gas discharge lamps, LED light sources and photovoltaic panels),

(ii) display equipment,

(iii) appliances containing refrigerants,

(iv) gas discharge lamps and LED light sources, and

(v) photovoltaic panels

(10) In addition to the requirements in paragraph (8), the report referred to in paragraph (1)(d) must include all of the information provided in the quarterly reports that relate to the relevant approval period.

(11) The reports referred to in paragraph (1) must be either submitted in the format published by the appropriate authority under regulation 81(2) or online.

Record keeping

67

(1) An AATF or an approved exporter must maintain records that enable completion of the reports referred to in regulation 66(1) and 66(2) for each quarter period in a relevant approval period.

(2) The records referred to in paragraph (1) must be kept for a period of at least four years commencing on the date on which any such record is made and must be made available to the appropriate authority on demand.

PART 9 — POWERS AND DUTIES OF THE SECRETARY OF STATE

Distributor take back scheme

68

The Secretary of State may, after consultation with such persons or bodies as appear to him representative of the interests concerned, approve a distributor take back scheme to carry out the functions of—

(a) providing a system that will ensure the availability and accessibility free of charge of designated collection facilities in the United Kingdom for the purpose of achieving a high level of collection of WEEE from private households at such facilities; and

(b) providing distributors with an alternative means of discharging the obligations under regulation 42(1) and 45(1).

Take back: Application to use existing collection facilities

69

(1) Where a distributor to whom regulation 42(2) applies, does not provide in-store take back and has not joined a distributor take back scheme approved by the Secretary of State under regulation 68, he must—

(a) comply with all the obligations which a take back scheme must discharge on behalf of its members; or

(b) submit an application to the Secretary of State requesting to use existing take back facilities.

(2) The application referred to in paragraph (1)(b) must—

(a) be submitted in writing or online;

(b) be submitted to the Secretary of State on or before 1st November in the year immediately preceding the commencement of the compliance period in which the exemption applied for is to apply;

(d) provide evidence that these facilities are likely to be at least as effective either providing in-store take back or joining a take back scheme approved under regulation 68 and commit to publish this evidence.

(3) An application to use existing collection schemes under paragraph (1)(b) must be granted where the Secretary of State is satisfied that—

(a) alternative existing collection schemes are likely to be at least as effective as in-store take back or membership of a scheme; and

(b) that the WEEE collected by alternative existing schemes must be—

(i) treated by an ATF, or

(ii) exported by an approved exporter for treatment outside of the United Kingdom.

(4) Where the application referred to in paragraph (3) is granted, in respect of any compliance period, the Secretary of State must, on or before 15th January provide written notification to the distributor that their application has been approved.

Approval of designated collection facilities

70

(1) The Secretary of State may, after consultation with such persons or bodies as appear to him representative of the interests concerned, approve any establishment or undertaking carrying out collection operations as a designated collection facility.

(2) The Secretary of State must not approve any establishment or undertaking under paragraph (1) unless he is satisfied that the criteria set out in Schedule 12 are met.

(3) The Secretary of State may review any decision made under paragraph (1) at any time.

(4) It will be the duty of the Secretary of State to publish details of all designated collection facilities.

Withdrawal of approval of designated collection facilities

71

(1) The Secretary of State may decide to withdraw his approval of a designated collection facility where he is satisfied that it—

(a) no longer meets the criteria set out in Schedule 12; ...

(b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2) Where the Secretary of State decides to withdraw approval of a designated collection facility under paragraph (1), within 14 days of that decision being made, he must notify the operator of the collection facility in writing—

(a) of his decision to withdraw approval of the designated collection facility;

(b) of the reasons for that decision;

(c) of the date when the decision will take effect, not being earlier than 28 days from the date of the notification; and

(d) that the operator of the collection facility may make representations in writing to the Secretary of State in relation to the decision within 14 days of the date of the notification.

(3) The Secretary of State must consider any representations made to him in writing by the operator of the collection facility under paragraph (2)(d) at any time before the decision mentioned in paragraph (1) takes effect.

(4) The Secretary of State may decide against withdrawing his approval of the designated collection facility at any time before the decision mentioned in paragraph (1) takes effect.

Code of Practice

72

(1) The Secretary of State must, after consultation with such persons or bodies as appear to him representative of the interests concerned, prepare and issue a code of practice for the purpose of providing practical guidance on the standards that must be met by—

(a) the operator of a designated collection facility; and

(b) by the operator of a scheme that collects WEEE from private households from a designated collection facility.

(2) The Secretary of State may revise the code of practice issued under paragraph (1) by revoking, amending or adding to the provisions of the code.

Evidence notes

73

It will be the duty of the Secretary of State to approve the format of evidence notes issued by an operator of an AATF or an approved exporter.

Product Design

74

(1) It will be the duty of the Secretary of State to encourage the design and production of EEE that takes into account and facilitates dismantling and recovery, in particular the reuse and recycling of WEEE, including components and materials.

(2) In carrying out the duty mentioned in paragraph (1), the Secretary of State must take appropriate measures so that—

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