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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(a) eco-design requirements facilitating the re-use and treatment of WEEE established in accordance with Article 1(1) of Directive 2009/125/EC[^f00032] are applied; and

(b) producers do not prevent, through specific design features or manufacturing processes, WEEE from being reused, unless such specific design features or manufacturing processes present overriding advantages, for example, with regard to the protection of the environment or safety requirements.

(3) Where the reference to “producers” in paragraph (2)(b) would apply to a producer who is an OMP producer, it is to be read as though it referred to the non-UK supplier supplying EEE on the online marketplace of the OMP producer.

Duties of the appropriate authority in relation to registration of small producers

75

(1) The appropriate authority must grant an application for registration where an applicant—

(a) has complied with the requirements of regulation 16;

(b) is not a member of a producer compliance scheme; and

otherwise the appropriate authority must refuse the application.

(2) Where the application for registration is granted, the appropriate authority must, within 28 days of receipt of the application—

(a) confirm to the applicant that he is registered with the appropriate authority; and

(b) subject to paragraph (3), allocate a new producer registration number to the producer and confirm it in writing.

(3) If the applicant appeared on the register maintained under regulation 77 during any of the five previous compliance periods preceding the compliance period during which the application for registration is made, the appropriate authority must, instead of allocating a new producer registration number, allocate the applicant’s most recently allocated producer registration number.

Approval of compliance fee; methodology and administration

76

(1) The Secretary of State may, after consultation with such persons or bodies as appear to him representative of the interests concerned, approve—

(a) a methodology for the calculation of a compliance fee; and

(b) the appointment of a third party to oversee the administration of that compliance fee.

(2) Any person or body referred to in paragraph (1) may submit a proposed methodology to the Secretary of State by no later than 30th September in the compliance period in which the methodology will apply.

(3) The Secretary of State must publish the methodology for the calculation of a compliance fee where one has been approved in accordance with paragraph (1).

(4) Any methodology approved by the Secretary of State in accordance with paragraph (1) will take into account the different costs associated with the collection, treatment, recovery and environmentally sound disposal of each of the WEEE collection streams and will be set at a level which encourages schemes to take all reasonable steps to meet their collection target without recourse to the compliance fee.

(5) The Secretary of State will only approve one methodology in each compliance period.

PART 10 — DUTIES OF THE APPROPRIATE AUTHORITIES

Registration of producers and authorised representatives

77

(1) The appropriate authority must maintain and make available in accordance with this regulation a register containing the information specified in Schedule 13, relating to those producers and authorised representatives who are registered with it in accordance with regulations 15 and 25.

(2) The appropriate authority must—

(a) ensure that the register is open for inspection at its principal office by members of the public free of charge at all reasonable hours;

(b) permit members of the public to obtain copies of entries in the register on payment of a reasonable charge.

(3) The register may be kept in any form but must be indexed and arranged so that members of the public can readily trace information contained in it.

(4) The appropriate authority must amend the relevant entry in the register to record any change to the information entered and must note the date on which the amendment is made.

(5) Nothing in this regulation will require a register maintained by the appropriate authority to contain any information which has been superseded by later information after four years have elapsed from that later information being entered in the register.

(6) The appropriate authority must—

(a) publish the format in which the information referred to in Schedule 8 must be submitted to it in an application for registration made under regulation 26 or in a notification made under regulation 27, and;

(b) publish details of how producers and authorised representatives may complete their registration and provide the information referred to in schedule 8 online.

Monitoring

78

The appropriate authority must monitor—

(a) compliance with their obligations under regulations 11 to 20 of these Regulations by persons who are or may be producers or authorised representatives;

(b) the accuracy of the information provided in, or in connection with, a declaration of compliance submitted under regulation 19 or 39;

(d) the accuracy of the information provided by operators of schemes in support of or in connection with an application for registration made under regulation 26;

(e) the accuracy of the information provided by operators of schemes in support of or in connection with a notification made under regulation 27;

(f) the accuracy of the information provided by any person in or in connection with the reporting requirements in—

(i) regulations 35 and 37 and 66 during the transitional period; or

(ii) from 1st January 2019, regulations 36 and 38 and 66;

(g) the accuracy of the information provided by operators of schemes in support of or in connection with an application for approval under regulation 55, together with any changes notified in accordance with regulation 57(e);

(h) the accuracy of the information provided by an operator of an AATF or an approved exporter in support of or in connection with an application for approval made under regulation 61;

(i) the accuracy of the information provided by an approved exporter in support of or in connection with an application for an extension of a grant of approval made under regulation 62; and

(j) the register of producers maintained under regulation 77.

Approval of schemes

79

(1) The appropriate authority must maintain and publish a register of—

(a) all schemes that it has approved under regulation 55; and

(b) the operators of the schemes referred to in sub-paragraph (a).

(2) A register maintained by the appropriate authority in accordance with paragraph (1) will not be required to contain any information that has been superseded by later information after four years have elapsed from that later information being entered in the list.

(3) The appropriate authority must issue an invoice for payment of the annual producer charge referred to in regulation 59 to each operator of a scheme that it has approved under regulation 55.

(4) The appropriate authority must publish the format in which—

(a) the information referred to in Part 1 of Schedule 10 must be submitted to it in an application for approval made under regulation 55; and

(b) the information referred to in regulation 35 or 37 must be submitted to it in accordance with that regulation; or

Information

80

(1) An appropriate authority must publish information—

(a) on the total amount of EEE placed on the market in the United Kingdom by producers in a compliance period, or any part of a compliance period; and

(b) on the total amount of WEEE that—

(i) is deposited at a designated collection facility, or

(ii) is returned under regulation 43 or 52 but is not deposited at a designated collection facility,

in a compliance period, or any part of a compliance period.

(2) The information referred to in paragraph (1) must be based on the information provided to the appropriate authority—

(a) by the operator of a scheme under regulation—

(i) 35 or 37 during the transitional period and,

(ii) 36 or 38 from 1st January 2019,

(b) by a producer in relation to a request made in a notification served under regulation 58(3); or

Approval of authorised treatment facilities and exporters

81

(1) The appropriate authority must maintain and publish a list of all AATFs, operators of AATFs and approved exporters.

(2) The appropriate authority must publish the format in which —

(a) the information referred to in Part 1 of Schedule 11 must be submitted to it in an application for approval made under regulation 61 or in an application for an extension of a grant of approval made under regulation 62 , and

(b) the reports referred to in regulation 66 must be submitted to it in accordance with that regulation.

PART 11 — DISCLOSURE OF INFORMATION

Disclosure of information

82

(1) Subject to paragraph (2), information of any description may be disclosed by—

(a) the Secretary of State;

(b) an appropriate authority; or

to any person for the purpose of facilitating the carrying out by the Secretary of State, that appropriate authority or that enforcement authority of any of his or its functions under these Regulations.

(2) Nothing in paragraph (1) authorises a disclosure of information—

(a) to a person other than the Secretary of State, an appropriate authority or an enforcement authority where disclosure of that information would, in the opinion of the Secretary of State, be contrary to the interests of national security; or

(b) which contravenes any other legislation made in the United Kingdom, or in any part of the United Kingdom.

(3) No information disclosed to any person under or by virtue of paragraph (1) will be disclosed by that person to any other person otherwise than in accordance with the provisions of this paragraph or any provision of any other legislation made in the United Kingdom, or in any part of the United Kingdom, which authorises or requires disclosure, where that information is information—

(a) which relates to a trade secret of any person or which otherwise is or might be commercially confidential in relation to any person; or

(b) whose disclosure otherwise than under or by virtue of paragraph (1) would, in the opinion of the Secretary of State, be contrary to the interests of national security.

(4) Any authorisation under or by virtue of paragraph (1) of the disclosure of information by or to any person will also be taken to authorise the disclosure of that information by or to any officer of his who is authorised by him to make the disclosure or to receive the information.

(5) Subject to paragraph (6), no person will be subject to any civil or criminal liability in consequence of any disclosure made under or by virtue of paragraph (1).

(6) A person commits an offence if he discloses information in contravention of paragraph (3).

PART 12 — APPEALS

Right of appeal

83

(1) An operator of a scheme or an operator of a proposed scheme may appeal—

(a) to the Secretary of State against a decision of the Environment Agency;

(b) to the Welsh Ministers against a decision of the Natural Resources Body for Wales;

(d) to the Planning Appeals Commission against a decision of the Department of Agriculture, Environment and Rural Affairs.

(2) For the purposes of paragraph (1), a decision means a decision—

(a) to refuse to grant an approval allowing a distributor to rely on existing take back facilities, under regulation 69;

(b) to refuse to grant approval of that operator’s proposed scheme under regulation 55; or

(3) An operator of an ATF or an exporter may appeal—

(a) to the Secretary of State against a decision of the Environment Agency;

(b) to the Welsh Ministers against a decision of the Natural Resources Body for Wales;

(d) to the Planning Appeals Commission against a decision of the Department of Agriculture, Environment and Rural Affairs.

(4) For the purposes of paragraph (3), a decision means a decision—

(a) to refuse to grant an application for approval made by that operator of an ATF or that exporter under regulation 61;

(b) to refuse to grant an extension of a grant of approval made to that exporter under regulation 62; or

(5) For the purposes of this Part and Schedule 14, “appeal body” means one of the following—

(a) the Secretary of State;

(b) the Welsh Ministers;

(d) the Planning Appeals Commission.

Procedure of appeals

84

(1) Where an appeal is made to an appeal body under regulation 83, that body may—

(a) appoint any person to exercise on its behalf, with or without payment, the function of determination of the appeal; or

(b) refer any matter involved in the appeal to such person as that body may appoint for the purpose, with or without payment.

(2) If the appellant so requests, or the appeal body so decides, the appeal will be or continue in the form of a hearing (which may, if the person hearing the appeal so decides, be held or held to any extent in private).

(3) Schedule 14 will have effect with respect to the procedure of any such appeal.

Determination of appeals

85

Where, on an appeal made under regulation 83, the appeal body determines that the decision of the appropriate authority will be altered it will be the duty of that appropriate authority to give effect to the determination.

Status of a decision pending appeal

86

Where an appeal made under regulation 83 is pending in a case falling within regulation 58 or 64—

(a) a decision—

(i) to withdraw approval of a scheme, or

(ii) to cancel approval of an ATF or an exporter,

will be ineffective until the appeal is disposed of; and if the appeal is dismissed or withdrawn the decision will become effective from the end of the day on which the appeal is dismissed or withdrawn; and

(b) a decision to suspend approval will remain in force.

PART 13 — ENFORCEMENT

Enforcement

87

(1) Subject to paragraph (2), it will be the duty of the Secretary of State to enforce these Regulations and in carrying out his duties he may appoint any person to act on his behalf.

(2) It will be the duty of the following authorities to enforce regulations 11 to 20, 48, 54, 57, 60, 61 63, 66 and 67 and Part 4 —

(a) in England, the Environment Agency;

(b) in Wales, the Natural Resources Body for Wales;

(d) in Northern Ireland, the Department of Agriculture, Environment and Rural Affairs.

(3) No proceedings for an offence under these Regulations may be instituted in the United Kingdom, or in any part of the United Kingdom, except by or on behalf of an enforcement authority.

(4) Nothing in these Regulations will authorise an enforcement authority to bring proceedings in Scotland for an offence.

(5) In this Part, “enforcement authority” means any person mentioned in this regulation.

Enforcement notice

88

(1) Where an enforcement authority has reasonable grounds for suspecting that any of the requirements of the following regulations have not been complied with—

(a) regulations 11 to 24 (including, in the case of regulation 22, 23 or 24, that regulation as modified by the application of regulation 24A);

(b) regulations 25 to 41 and 57;

(d) regulations 54, 61, 63, 66 and 67;

it may serve an enforcement notice on—

(i) in a case under sub-paragraph (a)—

(aa) the producer or an authorised representative, or

(bb) where regulation 22, 23 or 24 is modified by the application of regulation 24A, the non-UK supplier or an authorised representative;

(ii) in a case under sub-paragraph (b), the operator of the scheme,

(iii) in a case under sub-paragraph (c), the distributor, and

(iv) in a case under sub-paragraph (d), the operator of the AATF or approved exporter (as the case may be).

(2) A notice which is served under paragraph (1) must—

(a) state that the enforcement authority suspects that a specified requirement of these Regulations has been contravened;

(b) specify the reason it is suspected that a requirement of these Regulations has been contravened;

(i) to comply with the requirements of these Regulations; or

(ii) to provide evidence to the enforcement authority demonstrating that the requirements of these Regulations have been met;

(d) specify the period of time within which the relevant person must comply with the enforcement notice issued by the enforcement authority; and

(e) warn the relevant person that unless the requirement is complied with, or evidence has been provided within the period specified in the notice, he may be prosecuted.

(3) Where an enforcement authority serves an enforcement notice on a person under this regulation, proceedings for an offence under regulation 90 will not commence unless the time limit specified for compliance in the enforcement notice has expired.

Entry and inspection

89

(1) For the purposes of carrying out his functions under these Regulations, an enforcement officer may exercise the powers of entry and inspection referred to in this regulation.

(2) Subject to the production if so requested of his credentials, an enforcement officer may—

(a) enter at any reasonable time any business premises which he considers necessary for him to enter;

(b) on entering any business premises by virtue of sub-paragraph (a), take with him—

(i) such other persons as may appear to him necessary and, where there is reasonable cause to apprehend any serious obstruction in the execution of his duty, a constable, and

(ii) any equipment or materials required for any purpose for which the power of entry is being exercised;

(d) take such measurements and photographs and make such recordings as are considered necessary for the purpose of any examination or investigation under sub-paragraph (c);

(e) take samples, or cause samples to be taken, of any records, parts of any records, copies of any records, copies of parts of any records, products and parts of products found in or on any premises which the enforcement officer has power to enter;

(f) in the case of any such sample of a record or product as is mentioned in sub-paragraph (e), to take possession of it and detain it for 90 days from the date of seizure for any of the following purposes—

(i) to examine it, or cause it to be examined, and to do, or cause to be done, to it anything which he has the power to do under that paragraph,

(ii) to ensure that it is not tampered with before examination of it is completed; and

(iii) to ensure that it is available for use as evidence in any proceedings for an offence under these Regulations or in any other proceedings relating to an enforcement notice under regulation 88,

any record, products or parts of products seized in accordance with this paragraph may be detained for longer than 90 days if it is to be used as evidence;

(g) require any person who is considered to be able to give information relevant to any examination or investigation under sub-paragraph (c) to answer (in the absence of any person other than a person nominated by that person to be present and any person whom the enforcement officer may allow to be present) such questions as the enforcement officer thinks fit to ask and to sign a declaration of the truth of his answers;

(h) require the production of, or where the information is recorded in computerised form the furnishing of extracts from, any records—

(i) which are required to be kept under these Regulations, or

(ii) which it is necessary to see for the purposes of an examination or investigation under sub-paragraph (c), and inspect and take copies of, or of any entry in, the records; and

(i) require any person to afford such facilities and assistance with respect to any matters or things within that person’s control or in relation to which that person has responsibilities as are necessary to enable the enforcement officer to exercise any of the powers conferred on them by this regulation.

(3) Where records, products, or parts of products are seized in accordance with paragraph (2) the enforcement officer must—

(a) allow the trader to make copies of any records seized, if requested to do so;

(b) provide the trader with a receipt for the records, products or parts of products seized.

(4) Any receipt issued in accordance with paragraph (3)(b) must state the date on which the records, products or parts of products were seized.

(5) In the application of paragraph (2)(b)(i) to Northern Ireland, “constable” has the meaning given in the Interpretation Act (Northern Ireland) 1954[^f00033].

(6) If a justice of the peace, on written information on oath—

(a) is satisfied that there are reasonable grounds to believe that any information or material relevant to any examination or investigation under paragraph (2)(c) is on any premises, and;

(b) is also satisfied either that—

(i) admission to the premises has been, or is likely to be, refused, and that notice of intention to apply for a warrant has been given to the occupier; or

(ii) an application for admission, or the giving of such a notice would defeat the object of the entry, or that the case is one of urgency, or that the premises are unoccupied and the occupier is temporarily absent,

the justice may by warrant under his hand, which will continue in force for a period of one month, authorise the enforcement officer to enter the premises, if need be by force.

(7) In the application of paragraph (6)—

(a) to Scotland, “justice of the peace” includes a sheriff and references to written information on oath will be construed as references to evidence on oath; and

(b) to Northern Ireland, the references to a “justice of the peace” will be construed as being references to a “lay magistrate” as defined in section 9 of the Justice (Northern Ireland) Act 2002[^f00034].

(8) An enforcement officer on entering any premises by virtue of this regulation may direct that those premises, or any part of them, or anything in them, will be left undisturbed (whether generally or in particular respects) for so long as is reasonably necessary for the purpose of any examination or investigation under paragraph (2)(c).

(9) Where an enforcement officer leaves any premises that he has entered by virtue of this regulation and such premises are unoccupied or the occupier of which is temporarily absent, he must leave them as effectively secured against a trespasser as he found them.

(10) If an enforcement officer or other person who enters any premises by virtue of this regulation discloses to any person any information obtained by him in the premises with regard to any secret manufacturing process or trade secret, he will, unless the disclosure was made in the performance of his duty, be guilty of an offence.

(11) It will not be an offence under paragraph (10) for a person to disclose information in circumstances where—

(a) the person from whom the information was received has consented to the disclosure; or

(b) the information is disclosed more than 49 years after it was received.

(12) Nothing in this regulation will authorise any person to stop any vehicle on a highway.

(13) No answer given by a person in pursuance of a requirement imposed under paragraph (2)(g) will be admissible in evidence in England, Wales and Northern Ireland against that person in any proceedings, or in Scotland against that person in any criminal proceedings.

(14) Nothing in this regulation will be taken to compel the production by any person of a document of which he would on grounds of legal professional privilege be entitled to withhold production on an order for discovery in an action in the High Court or, in relation to Scotland, on an order for the production of documents in an action in the Court of Session.

(15) In this regulation—

(a) “business premises” means any premises which are not wholly or mainly used as a private dwelling;

(b) “enforcement officer” means—

(i) an officer of an enforcement authority who is authorised in writing by that authority to act as an enforcement officer for the purposes of this Part, and

(ii) a person appointed by the Secretary of State who is authorised in writing by the Secretary of State to act as an enforcement officer for the purposes of this Part; and “credentials” means evidence of authorisation as an enforcement officer.

PART 14 — OFFENCES AND PENALTIES

Offences

90

(1) A producer or authorised representative will be guilty of an offence if he—

(a) contravenes or fails to comply with any requirements of regulation 11, 12, 13, 14, 15, 16, 17, 18, 19 or 20;

(b) furnishes information under regulation 16 or 18 and either—

(i) knows the information provided to be false or misleading in a material particular, or

(ii) furnishes such information recklessly and it is false or misleading in a material particular; or

(i) knows the information provided in, or in connection with, the declaration to be false or misleading in a material particular, or

(ii) furnishes such information recklessly and it is false or misleading in a material particular.

(2) A producer or authorised representative will be guilty of an offence if he contravenes or fails to comply with any requirements of regulation 21, 22, 23 or 24.

(2A) In a case where regulation 24A applies, the non-UK supplier or that person’s authorised representative will be guilty of an offence if he contravenes or fails to comply with any requirements of regulation 22, 23 or 24.

(3) An operator of a scheme will be guilty of an offence if he—

(a) contravenes or fails to comply with any requirements of regulation 26, 27, 28, 29, 31, 32, 35, 36, 37, 38, 39, 40, 41 or 57;

(b) furnishes a report under either regulation 35 or 37; and 36 or 38 and either—

(i) knows the information provided in, or in connection with, the report to be false or misleading in a material particular, or

(ii) furnishes such information recklessly and it is false or misleading in a material particular; or

(i) knows the information provided in, or in connection with, the declaration to be false or misleading in a material particular, or

(ii) furnishes such information recklessly and it is false or misleading in a material particular.

(4) An operator of a scheme will be guilty of an offence if he contravenes or fails to comply with any requirements of regulation 30.

(5) A distributor will be guilty of an offence if he contravenes or fails to comply with any requirements of regulation 42 or 69.

(6) A distributor will be guilty of an offence if he contravenes or fails to comply with any requirements of regulation 44 or 45.

(7) An operator of an AATF or an approved exporter is guilty of an offence if he—

(a) contravenes or fails to comply with any requirements of regulation 54, 61, 63, 66 or 67; or

(b) furnishes a report under regulation 66 and either—

(i) knows the information provided in, or in connection with, the report to be false or misleading in a material particular, or

(ii) furnishes such information recklessly and it is false or misleading in a material particular.

(8) A person will be guilty of an offence if he—

(a) contravenes or fails to comply with any requirements of regulation 47, 51 or 60;

(b) without reasonable cause, fails to comply with an enforcement notice served under regulation 88;

(d) intentionally obstructs any person acting in the execution of these Regulations;

(e) without reasonable cause, fails to give to any person acting in the execution of these Regulations any assistance or information which that person may reasonably require of him for the performance of his functions under these Regulations;

(f) without reasonable cause, fails to produce information when required to do so to any person acting in the execution of these Regulations;

(g) furnishes to any person acting in the execution of these Regulations any information which he—

(i) knows the information to be false or misleading in a material particular, or

(ii) furnishes such information recklessly and it is false or misleading in a material particular.

(9) A person will be guilty of an offence if he contravenes or fails to comply with any requirements of regulation 48.

(10) If an offence under these Regulations committed by a body corporate is shown—

(a) to have been committed with the consent or connivance of an officer, or

(b) to be attributable to any neglect on the part of the officer,

(c) the officer as well as the body corporate is guilty of the offence and liable to be proceeded against and punished accordingly.

(11) If the affairs of a body corporate are managed by its members, paragraph (10) applies in relation to the acts and defaults of a member in connection with the functions of management of that member as if the member were a director of the body.

(12) If an offence under these Regulations committed by a partnership is shown—

(a) to have been committed with the consent or connivance of a partner; or

(b) to be attributable to neglect on the part of a partner,

the partner as well as the partnership is guilty of the offence and liable to be proceeded against and punished accordingly.

(13) If an offence under these Regulations committed by an unincorporated body, other than a partnership, is shown—

(a) to have been committed with the consent or connivance of an officer of the body or a

(b) member of its governing body, or

(d) that officer or member as well as the body is guilty of the offence and liable to be proceeded against and punished accordingly.

(14) In this regulation—

(a) “officer”, in relation to a body corporate, means a director, member of the committee of management, chief executive, manager, secretary or other similar officer of the body, or a person purporting to act in any such capacity; and

(b) “partner” includes a person purporting to act as a partner.

(15) Where an offence under these Regulations is committed by a Scottish partnership and is proved to have been committed with the consent or connivance of, or have been attributable to neglect on the part of, any partner or a person who was purporting to act as such, that person as well as the partnership will be guilty of that offence and will be liable to be proceeded against and punished accordingly.

Penalties

91

(1) A person who is guilty of an offence under regulation 90(1), (3), (5), (7) or (8) will be liable—

(a) on summary conviction, to a fine not exceeding the statutory maximum;

(b) on conviction on indictment, to a fine.

(2) A person who is guilty of an offence under regulation 82(6), 89(10) or 90 (2), (2A), (4), (6), (9), (10), (11), (12), (13) or (15) will be liable on summary conviction to a fine not exceeding level 5 on the standard scale.

Commencement of proceedings

92

(1) In England and Wales a magistrates’ court may try an information, and in Northern Ireland a magistrates’ court may try a complaint, in relation to an offence under these Regulations if the information is laid or if the complaint is made within twelve months from the time when the offence is committed.

(2) In Scotland proceedings in relation to any offence which under these Regulations is triable only by way of summary proceedings, may be begun at any time within twelve months from the time when the offence is committed.

Review

93

(1) The Secretary of State must from time to time—

(a) carry out a review of these Regulations;

(b) set out the conclusions of the review in a report; and

(2) In carrying out the review the Secretary of State must, so far as is reasonable, have regard to how the Directive is implemented in other Member States.

(3) The report must in particular—

(a) set out the objectives intended to be achieved by the regulatory system established by these Regulations;

(b) assess the extent to which those objectives are achieved; and

(c) assess whether those objectives remain appropriate and, if so, the extent to which they could be achieved with a system that imposes less regulation.

(4) The first report under this regulation must be published before the end of the period of five years beginning with the day on which these Regulations come into force.

(5) Reports under this regulation are afterwards to be published at intervals not exceeding five years.

Consequential amendments

94

In section 56 (interpretation of Part 1) of the Environment Act 1995[^f00035], in subsection (1) in the definition of “environmental licence” in the application of Part 1 of that Act in relation to the Environment Agency and the National Resources Body for Wales—

(a) for paragraph (l) substitute “(l) approval of a scheme under regulation 55 of the Waste Electrical and Electronic Regulations 2013 (“the WEEE Regulations”).”

(b) for paragraph (m) substitute “(m) compliance with the condition in regulation 57(f)(i) of the WEEE Regulations in relation to a scheme mentioned in paragraph (l).”

(c) for paragraph (n) substitute “(n) approval of an authorised treatment facility or exporter under regulation 61 of the WEEE Regulations.”; and

(d) for paragraph (o) substitute “(o) extension of approval of an exporter under regulation 62 of the WEEE Regulations.”.

(2) In the definition of “environmental licence” in the application of Part 1 of that Act in relation to the Scottish Environmental Protection Agency—

(a) for paragraph (l) substitute “(l) approval of a scheme under regulation 55 of the Waste Electrical and Electronic Regulations 2013 (“the WEEE Regulations”).”

(b) for paragraph (m) substitute “(m) compliance with the condition in regulation 57(f)(i) of the WEEE Regulations in relation to a scheme mentioned in paragraph (l).”

(c) for paragraph (n) substitute “(n) approval of an authorised treatment facility or exporter under regulation 61 of the WEEE Regulations.”; and

(d) for paragraph (o) substitute “(o) extension of approval of an exporter under regulation 62 of the WEEE Regulations.”.

Transitional provisions

95

(1) Any application made or approval granted by an appropriate authority under regulations 10, 20 or 47 of the Waste Electrical and Electronic Equipment Regulations 2006 will continue to have effect as though it had been granted in accordance with these Regulations.

(2) Any environmental licence granted by an appropriate authority under regulation 4 of the Waste Electrical and Electronic Equipment Regulations 2006 will continue to have effect as though it had been granted under these Regulations.

Revocations and Savings

96

(1) The following instruments are revoked by these Regulations—

(a) The Waste Electrical and Electronic Equipment (Amendment) Regulations (SI 2007/3454);

(b) The Waste Electrical and Electronic Equipment (Amendment) Regulations 2009 (SI 2009/2957);

(d) The Waste Electrical and Electronic Equipment (Amendment) Regulations 2010 (SI 2010/1155);

(2) Subject to paragraphs (3) and (4) the Waste Electrical and Electronic Equipment Regulations 2006 (SI 2006/3289) are revoked.

(3) Regulation 4 of the Waste Electrical and Electronic Equipment Regulations 2006 (SI 2006/3289) will continue to have effect.

(4) Regulation 66 and Schedule 11 of the Waste Electrical and Electronic Equipment Regulations 2006 will continue to have effect in respect of appeals commenced on or before 31st December 2013.

(5) The provisions referred to in paragraphs (3) and (4) will continue to apply as they did immediately before their revocation for all of the purposes in relation to the collection, treatment and recycling of WEEE.

SCHEDULE 1 — Categories of EEE covered by these Regulations during the transitional period

LARGE HOUSEHOLD APPLIANCES

SMALL HOUSEHOLD APPLIANCES

IT AND TELECOMMUNICATIONS EQUIPMENT

CONSUMER EQUIPMENT AND PHOTOVOLTAIC PANELS

LIGHTING EQUIPMENT

ELECTRICAL AND ELECTRONIC TOOLS (WITH THE EXCEPTION OF LARGE-SCALE STATIONARY INDUSTRIAL TOOLS)

TOYS, LEISURE AND SPORTS EQUIPMENT

MEDICAL DEVICES (WITH THE EXCEPTION OF ALL IMPLANTED AND INFECTED PRODUCTS)

MONITORING AND CONTROL INSTRUMENTS

10.

AUTOMATIC DISPENSERS

SCHEDULE 2 — Indicative list of types of EEE which fall under the categories inSchedule 1

LARGE HOUSEHOLD APPLIANCES Large cooling appliances Refrigerators Freezers Other large appliances used for refrigeration, conservation and storage of food Washing machines Clothes dryers Dish washing machines Cookers Electric stoves Electric hot plates Microwaves Other large appliances used for cooking and other processing of food Electric heating appliances Electric radiators Other large appliances for heating rooms, beds, seating furniture Electric fans Air conditioner appliances Other fanning, exhaust ventilation and conditioning equipment

SMALL HOUSEHOLD APPLIANCES Vacuum cleaners Carpet sweepers Other appliances for cleaning Appliances used for sewing, knitting, weaving and other processing for textiles Irons and other appliances for ironing, mangling and other care of clothing Toasters Fryers Grinders, coffee machines and equipment for opening or sealing containers or packages Electric knives Appliances for hair-cutting, hair drying, tooth brushing, shaving, massage and other body care appliances Clocks, watches and equipment for the purpose of measuring, indicating or registering time Scales

IT AND TELECOMMUNICATIONS EQUIPMENT Centralised data processing: Mainframes Minicomputers Printer units Personal computing: Personal computers (CPU, mouse, screen and keyboard included) Laptop computers (CPU, mouse, screen and keyboard included) Notebook computers Notepad computers Printers Copying equipment Electrical and electronic typewriters Pocket and desk calculators Other products and equipment for the collection, storage, processing, presentation or communication of information by electronic means User terminals and systems Facsimile machine (fax) Telex Telephones Pay telephones Cordless telephones Cellular telephones Answering systems Other products or equipment of transmitting sound, images or other information by telecommunications

CONSUMER EQUIPMENT AND PHOTOVOLTAIC PANELS Radio sets Television sets Video cameras Video recorders Hi-fi recorders Audio amplifiers Musical instruments Other products or equipment for the purpose of recording or reproducing sound or images, including signals or other technologies for the distribution of sound and image than by telecommunications Photovoltaic panels

LIGHTING EQUIPMENT Luminaires for fluorescent lamps with the exception of luminaires in households Straight fluorescent lamps Compact fluorescent lamps High intensity discharge lamps, including pressure sodium lamps and metal halide lamps Low pressure sodium lamps Other lighting or equipment for the purpose of spreading or controlling light with the exception of filament bulbs

ELECTRICAL AND ELECTRONIC TOOLS (WITH THE EXCEPTION OF LARGE-SCALE STATIONARY INDUSTRIAL TOOLS) Drills Saws Sewing machines Equipment for turning, milling, sanding, grinding, sawing, cutting, shearing, drilling, making holes, punching, folding, bending or similar processing of wood, metal and other materials Tools for riveting, nailing or screwing or removing rivets, nails, screws or similar uses Tools for welding, soldering or similar use Equipment for spraying, spreading, dispersing or other treatment of liquid or gaseous substances by other means Tools for mowing or other gardening activities

TOYS, LEISURE AND SPORTS EQUIPMENT Electric trains or car racing sets Hand-held video game consoles Video games Computers for biking, diving, running, rowing, etc. Sports equipment with electric or electronic components Coin slot machines

MEDICAL DEVICES (WITH THE EXCEPTION OF ALL IMPLANTED AND INFECTED PRODUCTS) Radiotherapy equipment Cardiology equipment Dialysis equipment Pulmonary ventilators Nuclear medicine equipment Laboratory equipment for in-vitro diagnosis Analysers Freezers Fertilization tests Other appliances for detecting, preventing, monitoring, treating, alleviating illness, injury or disability

MONITORING AND CONTROL INSTRUMENTS Smoke detector Heating regulators Thermostats Measuring, weighing or adjusting appliances for household or laboratory equipment Other monitoring and control instruments used in industrial installations (for example, in control panels)

10.

AUTOMATIC DISPENSERS Automatic dispensers for hot drinks Automatic dispensers for hot or cold bottles or cans Automatic dispensers for solid products Automatic dispensers for money All appliances which deliver automatically all kind of products

SCHEDULE 3 — Categories of EEE applying from 1st January 2019

TEMPERATURE EXCHANGE EQUIPMENT

SCREENS, MONITORS AND EQUIPMENT CONTAINING SCREENS HAVING A SURFACE AREA GREATER THAN 100CM²

LAMPS

LARGE EQUIPMENT (ANY EXTERNAL DIMENSION MORE THAN 50CM) INCLUDING, BUT NOT LIMITED TO: Household appliances IT and telecommunication equipment Consumer equipment Luminaires Equipment reproducing sound or images, musical equipment Electrical and electronic tools Toys, leisure and sports equipment Medical devices Monitoring and control instruments Automatic dispensers Equipment for generation of electric currents. This category does not include equipment included in categories 1 to 3.

SMALL EQUIPMENT (NO EXTERNAL DIMENSION MORE THAN 50CM) INCLUDING, BUT NOT LIMITED TO: Household appliances Consumer equipment Luminaires Equipment reproducing sound or images, musical equipment Electrical and electronic tools Toys, leisure and sports equipment Medical devices; Monitoring and control instruments Automatic dispensers Equipment for generation of electric currents. This category does not include equipment included in categories 1 to 3 and 6.

SMALL IT AND TELECOMMUNICATION EQUIPMENT (NO EXTERNAL DIMENSION MORE THAN 50CM)

SCHEDULE 4 — Non-exhaustive list of types of EEE which fall within the categories set out in Schedule 3

TEMPERATURE EXCHANGE EQUIPMENT Refrigerators Freezers Equipment which automatically delivers cold products Air conditioning equipment Dehumidifying equipment Heat pumps Radiators containing oil and other temperature exchange equipment using fluids other than water for the temperature exchange

SCREENS, MONITORS AND EQUIPMENT CONTAINING SCREENS HAVING A SURFACE AREA GREATER THAN 100CM² Screens Televisions LCD photo Frames Monitors Laptops Notebooks

LAMPS Straight fluorescent lamps Compact fluorescent lamps Fluorescent lamps High intensity discharge lamps – including pressure sodium lamps and mental halide lamps Low pressure Sodium lamps LED

LARGE EQUIPMENT Washing Machines Clothes dryers Dish washing machines Cookers Electric Stoves Electric hot plates Luminaires Equipment reproducing sound or images Musical equipment (excluding pipe organs installed in churches) Appliances for knitting and weaving Large computer-mainframes Large printing machines Copying equipment Large coin slot machines Large medical devices Large monitoring and control instruments Large appliances which automatically deliver products and money Photovoltaic Panels

SMALL EQUIPMENT Vacuum cleaners Carpet sweepers Appliances for sewing Luminaires Microwaves Ventilation equipment Irons Toasters Electric knives Electric kettles Clocks and watches Electric shavers Scales Appliances for hair and body care Calculators Radio sets Video Cameras Video Recorders Hi-fi equipment Musical instruments Equipment for reproducing sound or images Electrical and electronic toys Sports equipment Computers for biking, diving, running, rowing, etc. Smoke detectors Heating regulators Thermostats Small electrical and electronic tools Small medical devices Small monitoring and control instruments Small appliances which automatically deliver products Small equipment with integrated photovoltaic panels

SMALL IT AND TELECOMMUNICATION EQUIPMENT (NO EXTERNAL DIMENSION MORE THAT 50CM) Mobile phones GPS Pocket calculators Routers Personal computers Printers Telephones

SCHEDULE 5 — First compliance period

1

The following amendments apply in relation to the first compliance period.

Record Keeping

2

For regulation 11(11)(a)(i), substitute—

(i) during the first compliance period, in compliance with the provisions that applied to the 2013 compliance period on 31 December 2013;

Take back: Application to use existing collection facilities

3

For regulation 69(2)(b) insert—

(b) during the first compliance period, on or before 15th January 2014. If granted, the approval will apply from 15th February 2014;

SCHEDULE 6 — Crossed out wheeled bin symbol

SCHEDULE 7 — Declaration of compliance

PART 1 — Information to be included in a declaration of compliance by a producer or authorised representative

1

The name and address of the producer or authorised representative in respect of whom the declaration is issued.

2

The name and title of the person who issues the declaration, including confirmation of whether that person is the producer or an authorised representative.

3

The date of the declaration.

4

The relevant compliance period to which the declaration relates.

5

In relation to the WEEE from private households in respect of which the declaration is being issued—

(a) the reference number of the appropriate authority’s notification under regulation 11(8)(b); and

(b) a declaration that the obligations under regulation 11(1) that have been notified to the relevant producer or authorised representative by the appropriate authority under that regulation—

(i) have been met, or

(ii) have not been met.

6

In relation to the WEEE from users other than private households in respect of which the declaration is being issued, ...—

(a) a declaration that the obligations under regulation 12(1)—

(i) have been met, or

(ii) have not been met;

(b) a declaration of the amount in tonnes of WEEE for which the producer or authorised representative has been responsible for financing the costs of the collection, treatment, recovery and environmentally sound disposal during the relevant compliance period which fall, during the transitional period, within—

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

(ii) display equipment,

(iii) appliances containing refrigerants,

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

(v) photovoltaic panels;

(c) from 1st January 2019, a declaration of the amount in tonnes of WEEE, for which the producer has been responsible for financing the costs of the collection, treatment, recovery and environmentally sound disposal during the relevant compliance period, which fall within each of the following categories—

(i) the categories listed in Schedule 3 (excluding display equipment, appliances containing refrigerants, gas discharge lamps and 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.

PART 2 — Information to be included in a declaration of compliance by an operator of a scheme

7

The name and address of the operator of the scheme in respect of which the declaration is issued.

8

The name and title of the person who issues the declaration.

9

The date of the declaration.

10

The relevant compliance period to which the declaration relates.

11

In relation to the WEEE from private households in respect of which the declaration is being issued—

(a) the reference number of the appropriate authority’s notification under regulation 28(4)(b); and

(b) a declaration that the obligations under regulation 28 that have been notified to the relevant operator of the scheme by the appropriate authority under that regulation—

(i) have been met; or

(ii) have not been met.

12

In relation to the WEEE from users other than private households in respect of which the declaration is being issued, ...—

(a) a declaration that the obligations under regulation 29—

(i) have been met, or

(ii) have not been met;

(b) a declaration of the amount in tonnes of WEEE for which the operator of the scheme has been responsible for financing the costs of the collection, treatment, recovery and environmentally sound disposal during the relevant compliance period which fall, during the transitional period within—

(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;

(c) from 1st January 2019, a declaration of the amount of tonnes in WEEE, for which the operator of the scheme has been responsible for financing the costs of the collection, treatment, recovery and environmentally sound disposal during the relevant compliance period, which fall within each of the following categories—

(i) the categories listed in Schedule 3 (excluding display equipment, appliances containing refrigerants, gas discharge lamps and 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.

SCHEDULE 8

PART 1 — Information to be included in an application for registration of producers or authorised representatives and notification of new scheme members

1

The compliance period in respect of which the application for registration or notification is being made.

2

The name of the producer joining the scheme or the name of the authorised representative joining the scheme.

3

The name of the scheme.

4

The name of the operator of that scheme and, where the operator of that scheme is a partnership, the names of all the partners.

5

The name, postal address, telephone number, email address and fax number of the registered office of each scheme member or, where there is no registered office in the United Kingdom, the principal place of business of each scheme member.

6

Where a scheme member is an authorised representative, the contact details of the producer that they represent as set out in paragraph 5.

7

The national identification code of the producer, including the ...national tax number of the producer.

8

The categories of EEE (set out in Schedule 1 or 3 as appropriate) which the producer which the producer has placed onto the market in the United Kingdom during the compliance period in respect of which the application or notification is being made.

9

The type of EEE (household or other than household EEE) that was placed onto the market in the United Kingdom during the compliance period in respect of which the application or notification is being made.

10

The brand name under which EEE placed onto the market in the United Kingdom by that producer was placed onto the market , except in a case where the EEE was placed on the market by a producer who is an OMP producer.

11

The way in which the producer meets their obligations including, where the producer is an OMP producer, any information required under paragraph 11A.

12

The selling technique used.

13

The address for service of notices if different from the addresses mentioned in paragraph 5.

14

The business name of a scheme member if different from any name given in compliance with paragraph 5.

15

Where a scheme member is a partnership, the names of all the partners.

16

In the case of a claim that a scheme member is eligible for the annual producer charge specified in regulation 59(2)(a), evidence that that scheme member is not, and is not required to be, registered under the Value Added Tax Act 1994.

17

In the case of a claim that a scheme member is eligible for the annual producer charge specified in regulation 59(2)(b)—

(a) evidence that that scheme member is, or is required to be, registered under the Value Added Tax Act 1994; and

(b) evidence that the total turnover in pounds sterling of that scheme member in the last financial year was £1 million or less.

18

In relation to each scheme member, confirmation of whether the operator of the scheme will be discharging that scheme member’s obligations under—

(a) regulation 28(1);

(b) regulation 29(1); or

19

The Standard Industrial Classification (“SIC”) code for any scheme member that has one. For the purposes of this paragraph, an SIC code is a code that is included in the “Indexes to the United Kingdom Standard Industrial Classification of Economic Activities 2007” published by the Office for National Statistics.

PART 2 — Reporting information to be supplied by a producer or authorised representative during the transitional period

20

The national identification code of the producer.

21

The compliance period to which the reporting information relates.

22

The amount of EEE by reference to—

(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.

23

For each category referred to in paragraph 22, specify the amount in tonnes of EEE placed on the national market by that producer or authorised representative in the previous compliance period.

24

For each category referred to in paragraph 22, specify the amount in tonnes of EEE intended for use by private households; and by users other than private households.

25

For each category referred to in paragraph 24, specify the amount in tonnes of 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; and

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

26

For each category referred to in paragraph 22, specify the amount in tonnes of WEEE that has, during the compliance period referred to in paragraph 21, been—

(a) separately collected;

(b) recycled (including prepared for re-use);

(d) shipped to a destination outside the United Kingdom.

PART 3 — Reporting information to be supplied by a producer or authorised representative from 1st January 2019

27

The national identification code of the producer.

28

The compliance period to which the reporting information relates.

29

The amount of EEE by reference to each of the following categories—

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

(b) display equipment,

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

(e) photovoltaic panels.

30

For each category referred to in paragraph 29, specify the amount in tonnes of EEE placed on the national market by that producer or authorised representative.

31

For each category referred to in paragraph 29, specify the amount in tonnes of WEEE that has, during the compliance period referred to in paragraph 28, been—

(a) separately collected;

(b) recycled (including prepared for re-use);

(d) shipped to a destination outside the United Kingdom.

PART 4 — Requirements for registration as a small producer

32

The date of the application for registration.

33

The name of the producer and any brand name under which the producer operates or intends to operate in the United Kingdom.

34

The following contact details for the producer—

(a) the full postal address (including post code) and telephone number of—

(i) the producer’s registered office, or

(ii) if the producer is not a company registered in the United Kingdom, the producer’s principal place of business in the United Kingdom;

(b) a website address; and

35

An address for service of notices on the producer if different from the addresses mentioned in paragraph 34.

36

The name and telephone number of a contact person for the producer or authorised representative, and, where available, a fax number and e-mail address, for that person.

37

If the producer has been registered under these Regulations within the last five compliance periods the producer’s EEE producer registration number.

38

A signed declaration of the truth of the information provided and the name and title of the signatory of the declaration.

SCHEDULE 9 — Minimum requirements for shipments of used EEE suspected to be WEEE

1

In order to distinguish between EEE and WEEE, where the holder of the object claims that he intends to ship or is shipping used EEE and not WEEE, the holder must have available the following to substantiate this claim:

(a) a copy of the invoice and contract relating to the sale and/or transfer of ownership of the EEE which states that the equipment is destined for direct re-use and that it is fully functional;

(b) evidence of evaluation or testing in the form of a copy of the records (certificate of testing, proof of functionality) on every item within the consignment and a protocol containing all record information according to paragraph 3;

(c) a declaration made by the holder who arranges the transport of the EEE that none of the material or equipment within the consignment is waste as defined by Article 3(1) of Waste Directive[^f00036] , as read with Articles 5 and 6 of that Directive ; and

(d) appropriate protection against damage during transportation, loading and unloading in particular through sufficient packaging and appropriate stacking of the load.

2

By way of derogation, paragraph 1(a) and (b) and paragraph 3 do not apply where it is documented by conclusive proof that the shipment is taking place in the framework of a business-to-business transfer agreement and that:

(a) the EEE is sent back to the producer or a third party acting on his behalf , or to the non-UK supplier supplying the EEE on the online marketplace of an OMP producer or a third party acting on the non-UK supplier’s behalf, as defective for repair under warranty with the intention of re-use; or

(b) the used EEE for professional use is sent to the producer or a third party acting on his behalf or a third-party facility in countries to which Decision C(2001)107/Final of the OECD Council concerning the revision of Decision C(92)39/Final on control of transboundary movements of wastes destined for recovery operations applies, for refurbishment or repair under a valid contract with the intention of re-use; or

(c) the defective used EEE for professional use, such as medical devices or their parts, is sent to the producer or a third party acting on his behalf for root cause analysis under a valid contract, in cases where such an analysis can only be conducted by the producer or third parties acting on his behalf.

3

In order to demonstrate that the items being shipped constitute used EEE rather than WEEE the appropriate authority shall require the following steps for testing and record keeping for used EEE to be carried out:

4

In addition to the documentation requested in paragraphs 1, 2 and 3, every load (e.g. shipping container, lorry) of used EEE shall be accompanied by:

(a) a relevant transport document, e.g. CMR or waybill;

(b) a declaration by the liable person on its responsibility.

5

In the absence of proof that an object is used EEE and not WEEE through the appropriate documentation required in paragraphs 1, 2, 3 and 4 and of appropriate protection against damage during transportation, loading and unloading in particular through sufficient packaging and appropriate stacking of the load, which are the obligations of the holder who arranges the transport, the appropriate authority shall consider that an item is WEEE and presume that the load comprises an illegal shipment. In these circumstances the load will be dealt with in accordance with Articles 24 and 25 of Regulation (EC) No 1013/2006.

SCHEDULE 10 — Approval of proposed schemes and schemes

PART 1 — Information to be included in an application for approval

1

The name of the proposed scheme.

2

The name of the operator of the proposed scheme.

3

The address and telephone number and, where available, email address of the registered office of the operator of the proposed scheme or, if the operator is not registered in the United Kingdom, the address of the principal place of business and telephone number and, where available, email address of that operator.

4

Where the operator of the proposed scheme is a partnership, the names of all the partners.

5

The address for service of notices if different from that referred to in paragraph 3.

6

Confirmation of whether or not the operator of the proposed scheme has been convicted of an offence under these Regulations; and where a positive confirmation is given an explanation of how the contravention of these Regulations which resulted in the conviction occurred and what steps have been taken to ensure that such a contravention will not occur in the future.

PART 2 — Information to be included in the constitution

7

The nature of the operator of the scheme’s legal personality.

8

The type of relationship between the operator of the proposed scheme and the scheme members (for example, contractual or partnership).

9

Details of how membership fees and any other sums payable to the operator of the proposed scheme by the scheme members are to be determined.

10

Details of any rules or regulations to be observed by the scheme members.

11

Details of the procedures under which the operator of the proposed scheme would enforce the rules or regulations against a scheme member.

12

Whether there is a minimum or maximum number of scheme members permitted.

13

Details of the eligibility criteria for membership of the proposed scheme.

14

Details of how evidence notes acquired by the operator of the proposed scheme in complying with his obligations under these Regulations will be allocated between scheme members in the event that approval of the proposed scheme is withdrawn under regulation 58.

15

Details of any arbitration procedure that will apply for the purpose of determining any dispute between scheme members and between scheme members and the operator of the proposed scheme.

16

Details of the arrangements in place for disseminating important information to scheme members in an accurate and timely manner.

PART 3 — Requirements for approval of a proposed scheme and for continued approval of a scheme

17

That the rules or regulations of the proposed scheme or scheme provide—

(a) that a scheme member must apply to join the scheme for a relevant compliance period during which he has commenced placing EEE on the market in the United Kingdom; and

(b) that where a scheme member’s membership of the scheme is cancelled, any such cancellation cannot take effect until the end of the current compliance period.

18

That the proposed scheme or scheme has the necessary resources and systems in place to—

(a) maintain up to date records of its scheme members, including—

(i) their names and addresses, and

(ii) their EEE producer registration numbers;

(b) handle WEEE from private households, if it proposes to do so, (including collection and transportation to ATFs and funding of treatment, recovery and recycling) in order to discharge the operator of the scheme’s notified obligation under regulation 28 in an appropriate and timely manner;

(c) handle WEEE from users other than private households, if it proposes to do so, (including collection and transportation to ATFs and funding of treatment, recovery and recycling) in order to discharge the operator of the scheme’s obligations under regulation 29 in an appropriate and timely manner;

(d) where a proposed scheme is the subject of an application for approval made under regulation 55, or where a scheme is approved under that regulation for the purposes of regulation 28 , accept return of WEEE from private households free of charge from—

(i) distributors in accordance with regulation 43; and

(ii) final holders in accordance with regulation 52;

(e) keep, update and supply records to the appropriate authority as required under regulation 40 or 41;

(f) supply information to the appropriate authority as required under regulations 35 and 37 or 36 and 38;

(g) submit declarations of compliance and supporting evidence notes as required under regulation 39;

(h) check that the information supplied to it by its scheme members under regulation 18 is as accurate as reasonably possible and that the operator of the scheme’s submission of that information to the appropriate authority will meet a similar standard of accuracy; and

(i) maintain good environmental practices.

19

That the operator of the proposed scheme or scheme must co-operate with other operators of schemes in relation to developing working relationships with operators of designated collection facilities.

20

That the operator of the proposed scheme or scheme must co-operate with operators of designated collection facilities to comply with regulation 53.

21

That the operator of the proposed scheme or scheme is likely to be able to meet his expected treatment, recovery and recycling obligations.

22

That the proposed scheme or scheme is likely to assist in meeting the United Kingdom’s obligations in relation to the recovery of WEEE in respect of which an application for approval is being made or has been granted under regulation 55.

23

In the event that the operator of the proposed scheme or scheme contravenes any of the obligations placed on him under these Regulations, that it is likely that enforcement proceedings could be taken against the operator of the proposed scheme under these Regulations without a disproportionate cost to the enforcement authority.

SCHEDULE 11 — Approval of authorised treatment facilities and exporters

PART 1 — Information to be included in an application for approval

1

The name of the operator of the ATF or the exporter.

2

The registered office address and telephone number and, where available email address of the operator of the ATF or the exporter where he is a body registered in the United Kingdom or, if the operator of the ATF or the exporter is not a body registered in the United Kingdom, the address of his principal place of business and telephone number and, where available email address in the United Kingdom.

3

Where the operator of the ATF or exporter is a partnership, the names of all the partners.

4

Where the operator of the ATF or exporter is not a body registered in the United Kingdom or a partnership, the name of the person having control or management of that body.

5

The address for service of notices if different from that referred to in paragraph 2.

6

In the case of an application made by the operator of an ATF, the name and address of the ATF in respect of which he is applying for approval.

7

In the case of an application made by an exporter—

(a) the name and address of each site to which he proposes to export WEEE for re-use as a whole appliance, treatment, recovery or recycling;

(b) in respect of each site specified in accordance with paragraph (a)—

(i) specify the amount in tonnes of WEEE that he proposes to export to that site for re-use as a whole appliance, treatment, recovery pr recycling by reference to each of the following categories—

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