The Waste Electrical and Electronic Equipment Regulations 2013

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
2. 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
3. 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
4 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 other than by telecommunications
Photovoltaic panels
5. LIGHTING EQUIPMENT
Luminaires for fluorescent lamps
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
6. 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
7. 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
7.1 VAPES AND ELECTRONIC CIGARETTES ETC.
Vapes or any item of EEE which is intended to form part of a vape
Electronic cigarettes or any item of EEE which is intended to form part of an electronic cigarette
Heated tobacco products or any item of EEE which is intended to form part of a heated tobacco product
8. 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
9. 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 8A — Approval of a PBS

PART1 — Information to be included in a proposal for a PBS

1

The name of the PBS.

2

The name of the operator or proposed operator of the PBS.

3

The address, telephone number and email address of the operator or proposed operator of the PBS.

4

Where the operator or proposed operator of the PBS is a registered company,the address of theregistered office of the company.

5

Where the operator or proposed operator of the PBS is a partnership, the names and addresses of all the partners.

6

Confirmation of whether or not any person who is the operator or a director of or, as the case may be, a partner in the operator or proposed operator of the PBS 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.

7

The estimated cost of setting up (in the case of a proposed PBS) and administering the PBS.

8

Qualifications and relevant experience of the operator or proposed operator of the PBS, any person who is a director of or a partner in the operator or proposed operator and any staff.

9

In the case of a proposal under regulation 34A(6)(b)(i), details of the proposed transitional arrangements for transferring functions in relation to requirements to take action under regulation 34 from the previously approved PBS to the newly approved PBS.

PART2 — PBS Requirements

10

That the rules of the PBS provide for the operator to arrange for the fulfilment by one or more of its participating schemes, in accordance with the requirements of regulation 34 and on the basis either of a one-off collection or of an ongoing service for a minimum of 6 months, of any requirement to take action under regulation 34(1) referred to it by a scheme operator.

11

That the rules of the PBS provide that the costs of fulfilling, in accordance with paragraph 10, any requirement under regulation 34(1) referred to it by a scheme operator, will be shared between all the participating schemes on a market share basis.

12

That the rules of the PBS provide for termination in the event that the approval of the PBS is withdrawn under regulation 34A(9) and make appropriate provision for completion of pending obligations and for payment of sums arising under the PBS in the event of such termination.

13

In the case of a PBS approved under regulation 34A(6)(b)(i), that the Secretary of State is satisfied that the proposed transitional arrangements, details of which have been given in accordance with paragraph 9, are adequate to ensure that requirements to take action under regulation 34 are dealt with satisfactorily during the period covered by such arrangements.

14

That the Secretary of State is satisfied that the PBS will be compliant with the code of practice in so far as it relates to regulation 34 requirements.

15

That the Secretary of State is satisfied that the operator or proposed operator of the PBS will have the necessary experience and resources and systems in place to—

• (a) arrange for the fulfilment of any requirement to take action under regulation 34(1) referred to the PBS as mentioned in paragraph 10;

• (b) share information in such a way as to maintain commercial confidentiality;

• (c) enforce obligations of the participating schemes under the PBS.

16

That the Secretary of State is satisfied that the PBS will comply with all relevant legislation, including competition law.

17

In this Schedule—

• (a) “scheme operator” has the same meaning as in regulation 34;

• (b) “market share” means A/B, where “A” and “B” have the same meanings as in regulation 28

19A

That the proposed scheme or scheme, if it has been approved under regulation 55 for the purposes of regulation 28, complies with the requirement under regulation 34B to join a PBS.

Modification of the Directive

2A

• (1) For the purposes of these Regulations, the Directive is to be read in accordance with this regulation.

• (2) A reference to one or more member States or the competent authorities in a provision imposing an obligation or conferring a discretion on a member State, member States or competent authority is to be read as a reference to the national authority or appropriate authority which, immediately before IP completion day, was responsible for the United Kingdom's compliance with that obligation or able to exercise that discretion.

• (3) A reference to a term in the Directive which is defined in regulation 2 to these Regulations is to be read as if it had the meaning given in regulation 2.

• (4) Article 3 is to be read as if paragraphs 1(e), (f) and (l) and (2) were omitted.

• (5) Article 5(2)(e) is to be read as if “and Union” were omitted.

• (6) Article 8 is to be read as if—

• (a) paragraph 4 were omitted;

• (b) in paragraph 5, the second to fifth subparagraphs were omitted.

• (7) Article 9 is to be read as if—

• (a) in paragraphs 1 and 2, for “Directive 2008/98/EC” there were substituted “ the Waste Directive ”;

• (b) in paragraph 3, for the words “Article 11” there were substituted “paragraphs 23 and 24 of Schedule 11 to the Waste Electrical and Electronic Equipment Regulations 2013;

• (c) after paragraph 3, there were inserted—

(4) In paragraph 3, “permit”— (a) in relation to England and Wales, means an environmental permit issued under regulation 13(1) of the Environmental Permitting Regulations 2016; (b) in relation to Northern Ireland, means— (i) a waste management licence granted under Article 6 of the Waste and Contaminated Land (Northern Ireland) Order 1997, or (ii) a permit granted under regulation 10 of the Pollution Prevention and Control (Industrial Emissions) Regulations (Northern Ireland) 2013; (c) in relation to Scotland, means a site licence issued under section 35 of the Environmental Protection Act 1990 or a permit issued under regulation 13 of the Pollution Prevention and Control (Scotland) Regulations 2012.

• (8) Article 11 is to be read as if paragraphs 3 and 6 were omitted.

• (9) Annex 7 is to be read as if, in paragraph 1—

• (a) in the first subparagraph—

• (i) in the first indent, for the words from “Council Directive 96/59/EC” to the end there were substituted “ the relevant PCB legislation ”;

• (ii) in the thirteenth indent, for the words from “Commission Directive 97/69/EC” to the end there were substituted “ Regulation (EC) No 1272/2008 of the European Parliament and of the Council on classification, labelling and packaging of substances and mixtures ”;

• (iii) in the fourteenth indent, for the words from “Article 3” to the end there were substituted “ Annex 7 to the Basic Safety Standards Directive ”;

• (b) in the second subparagraph, for “Directive 2008/98/EC” there were substituted “ the Waste Directive ”.

• (10) Annex 8 is to be read as if, in paragraph 1, in the words before the first indent, the words from “(without prejudice” to “landfill of waste)” were omitted.

• (11) In paragraph (8)(a)(i), the “relevant PCB legislation” means—

• (a) in relation to England and Wales, the Environmental Protection (Disposal of Polychlorinated Biphenyls and other Dangerous Substances) (England and Wales) Regulations 2000;

• (b) in relation to Scotland, the Environmental Protection (Disposal of Polychlorinated Biphenyls and other Dangerous Substances) (Scotland) Regulations 2000;

• (c) in relation to Northern Ireland, the Environmental Protection (Disposal of Polychlorinated Biphenyls and other Dangerous Substances) Regulations (Northern Ireland) 2000.

Modification of the Waste Directive

2B

• (1) For the purposes of these Regulations, the Waste Directive is to be read in accordance with this regulation.

• (2) A reference to one or more member States or a competent authority in a provision imposing an obligation or conferring a discretion on a member State, member States or competent authority is to be read as a reference to the national authority or appropriate authority which, immediately before IP completion day, was responsible for the United Kingdom's compliance with that obligation or able to exercise that discretion.

• (3) Article 3(20) is to be read as if for “Article 2(11) of Directive 96/61/EC” there were substituted “ Article 3(10) of the Industrial Emissions Directive ”.

• (4) Article 5 is to be read as if—

• (a) in paragraph 1, “Member States shall take appropriate measures to ensure that” were omitted;

• (b) after paragraph 1 there were inserted—

(1A) Any decision as to whether a substance or object is a by-product must be made— (a) in accordance with any regulations setting out detailed criteria on the application of the conditions in paragraph 1 to specific substances or objects; and (b) having regard to any relevant guidance published by the national authority or the appropriate authority.

• (c) paragraphs 2 and 3 were omitted.

• (5) Article 6 is to be read as if—

• (a) in paragraph 1, “Member States shall take appropriate measures to ensure that” were omitted;

• (b) after paragraph 1 there were inserted—

(1A) Any decision as to whether a substance or object has ceased to be waste must be made— (a) in accordance with any regulations or assimilated direct legislation setting out detailed criteria on the application of the conditions in paragraph 1 to specific types of waste; and (b) having regard to any relevant guidance published by the national authority or the appropriate authority.

• (c) in paragraph 2—

• (i) the first subparagraph were omitted;

• (ii) in the second subparagraph, for “Those detailed criteria” there were substituted “Any detailed criteria set out in guidance as referred to in paragraph 1A”;

• (iii) the third and fourth subparagraphs were omitted;

• (d) paragraph 3 were omitted;

• (e) in paragraph 4—

• (i) in the first subparagraph—

• (aa) in the first sentence, for the words from the beginning to “Member State”, there were substituted “Where criteria have not been set out as referred to in paragraph 1A(a), the appropriate authority”;

• (bb) the second sentence were omitted;

• (ii) in the second subparagraph—

• (aa) for “Member States” there were substituted “The appropriate authority”;

• (bb) “by competent authorities” were omitted.

• (6) Article 7 is to be read as if—

• (a) before paragraph 1 there were inserted—

(A1) In this Article, the “list of waste” means the list contained in the Annex to Commission Decision 2000/532/EC, as that list has effect in England, Wales, Scotland or Northern Ireland (as the case may be).

• (b) in paragraph 1—

• (i) the first and second sentences were omitted;

• (ii) for the third sentence there were substituted “The list of waste shall, except as provided in Commission Decision 2000/532/EC, be binding as regards determination of the waste which is to be considered as hazardous waste or as non-hazardous waste.”;

• (c) paragraphs 2, 3, 6 and 7 were omitted.

• (7) Article 23 is to be read as if in paragraph 5, “or Community” were omitted.

• (7A) Article 25 is to be read as if paragraph 3 were omitted.

• (8) Annex 3 is to read as if, in entry HP 9, in the second sentence, “in the Member States” were omitted.

Meaning of “the Basic Safety Standards Directive” and “the Industrial Emissions Directive”

2C

• (1) In regulation 2A(8)(a)(iii) and this regulation, “the Basic Safety Standards Directive” means Council Directive 2013/59/Euratom laying down basic safety standards for protection against the dangers arising from exposure to ionising radiation, read in accordance with paragraphs (2) to (4).

• (2) A reference to one or more member States or a competent authority in a provision imposing an obligation or conferring a discretion on a member State, member States or competent authority is to be read as a reference to the national authority or appropriate authority which, immediately before IP completion day, was responsible for the United Kingdom's compliance with that obligation or able to exercise that discretion.

• (3) Article 4(79) is to be read as if “under the legislative and regulatory framework of the Member State” there were substituted “in the United Kingdom”.

• (4) Annex 7 is to be read as if, in section 2—

• (a) in points (c) and (d), “Community” were omitted;

• (b) in point (e), in the second sentence, for “Article 75” there were substituted “ regulation 7 of the Ionising Radiation (Basic Safety Standards) (Miscellaneous Provisions) Regulations 2018 ”.

• (5) In regulation 2B(3), “the Industrial Emissions Directive” means Directive 2010/75/EU of the European Parliament and of the Council on industrial emissions (integrated pollution prevention and control), read in accordance with paragraphs (6) and (7).

• (6) Article 3 is to be read as if—

• (a) in point (1)(a), for the words from “Article 1” to the end there were substituted “ Article 4(78) of the Basic Safety Standards Directive ”;

• (b) in point (10)(b), for “Member State in question” there were substituted “ United Kingdom ”;

• (c) in point (23), for the words from “point 1” to the end there were substituted “ point 1 of the second subparagraph of Article 2 of Council Directive 2009/158/EC on animal health conditions governing intra-Community trade in, and imports from third countries of, poultry and hatching eggs ”;

• (d) in point (37), for the words from “of the European” to the end there were substituted “ , read with Articles 5 and 6 of that Directive ”.

• (7) Annex 1 is to be read as if—

• (a) in the words before point 1, the second paragraph were omitted;

• (b) in point 5.3—

• (i) in point (a), in the words before point (i), for “Council Directive 91/271/EEC of 21 May 1991 concerning urban waste-water treatment” there were substituted “ the urban waste water treatment legislation ”;

• (ii) in point (b), in the words before point (i), for “Directive 91/271/EEC” there were substituted “ the urban waste water treatment legislation ”;

• (c) in point 5.4, the reference to Council Directive 1999/31/EC of 26 April 1999 on the landfill of waste were a reference to the Landfill Directive;

• (d) in point 6.9, for “Directive 2009/31/EC” there were substituted “ the EU-derived domestic legislation which transposed Directive 2009/31/EC ”;

• (e) in point 6.11, for “Directive 91/271/EEC” there were substituted “ the urban waste water treatment legislation ”.

• (8) In paragraph (7)(b) and (e), “the urban waste water treatment legislation” means—

• (a) in England and Wales, the Urban Waste Water Treatment (England and Wales) Regulations 1994;

• (b) in Scotland, the Urban Waste Water Treatment (Scotland) Regulations 1994;

• (c) in Northern Ireland, the Urban Waste Water Treatment Regulations (Northern Ireland) 2007.

• (9) In paragraph (7)(c), “the Landfill Directive” means Council Directive 1999/31/EC on the landfill of waste, as last amended by Directive (EU) 2018/850, and read as if, in Article 2—

• (a) in point (a) “‘waste’,” were omitted; and

• (b) after point (a) there were inserted—

(aa) “waste” means anything that— (i) is waste within the meaning of Article 3(1) of Directive 2008/98/EC, as read with Articles 5 and 6 of that Directive, and (ii) is not excluded from the scope of that Directive by Article 2(1), (2) or (3) of that Directive;

Interpretation of documents

Service of documents

Retained EU law etc

Assimilated law etc

Meaning of producer

2D

• (1) A person is a “producer” for the purposes of these Regulations if one or more of the following applies—

• (a) the person is established in the United Kingdom and manufactures EEE under his own name or trademark, or has EEE designed or manufactured and markets it under his own name or trademark within the United Kingdom;

• (b) the person is established in the United Kingdom and resells within the United Kingdom, under his own name or trademark, EEE manufactured by other suppliers, a reseller not being regarded as the “producer” if the name or trademark of another person who is the producer appears on the EEE as provided for in sub-paragraph (a);

• (c) the person is established in the United Kingdom and places on the market EEE from a country other than the United Kingdom;

• (d) except where paragraph (2) applies, the person is a non-UK supplier supplying EEE directly to private households or to users other than private households in the United Kingdom.

• (2) This paragraph applies where a non-UK supplier—

• (a) supplies EEE to private households in the United Kingdom on an online marketplace; and

• (b) is not the operator of the online marketplace on which the sale or other supply was facilitated.

• (3) Where paragraph (2) applies the online marketplace operator is the producer (the “OMP producer”) in relation to the EEE supplied by the non-UK supplier.

• (4) In these Regulations, reference to a producer includes an OMP producer, except as provided for by regulations 24A and 74(3).

Meaning of non-UK supplier

2E

In these Regulations, a “non-UK supplier” means a person who—

• (a) supplies goods in the course of business—

• (i) on an online marketplace or any other website or mobile application, or

• (ii) by means of communication other than on the internet; and

• (b) is not established in the United Kingdom.

Meaning of online marketplace etc.

2F

• (1) In these Regulations, “online marketplace” means a website or mobile application which facilitates the sale or other supply of goods through the website or mobile application by persons other than the operator, whether or not the operator also supplies goods through the online marketplace, and for the purposes of this definition—

• (a) references to a “website or mobile application” include any means by which information is made available on the internet;

• (b) an online marketplace facilitates the sale or other supply of goods if it allows a person to—

• (i) offer goods for sale or offer to supply goods otherwise than by sale; and

• (ii) enter into a contract for the sale or other supply of those goods;

• (c) “the operator” means the online marketplace operator.

• (2) In these Regulations, “online marketplace operator” means, in relation to an online marketplace, the person who controls access to, and the contents of, the online marketplace provided that the person is involved in—

• (a) determining any terms and conditions applicable to the sale or other supply of the goods supplied on the online marketplace;

• (b) the processing, or facilitating the processing, of payment for those goods; and

• (c) the ordering or delivery, or facilitating the ordering or delivery, of those goods.

Interpretation of documents

Service of documents

Exception for OMP producers

24A

• (1) This regulation applies where a requirement imposed on a producer under regulation 22, 23 or 24 would apply to a producer who is an OMP producer.

• (2) Where this regulation applies—

• (a) references in regulations 22, 23 or 24 to “a producer or authorised representative” are to be read as though they referred to the non-UK supplier or that person’s authorised representative supplying the EEE on the online marketplace of the OMP producer;

• (b) for the purposes of any obligation placed on a non-UK supplier under sub-paragraph (a)—

• (i) in sub-paragraph (f)(v) of the definition of “appropriate authority” in regulation 2—

• (aa) the reference to the producer in relation to that obligation is to be read as though it referred to the non-UK supplier, and

• (bb) the reference to the Environment Agency is to be read as though it referred to the Secretary of State;

• (ii) the non-UK supplier may appoint an authorised representative as though the non-UK supplier were a producer making the appointment under regulation 14(2);

7.1

Any device (with the exception of a medical device or a medicinal product) which is intended to be used for the consumption of tobacco products, nicotine or any substance containing nicotine, non-nicotine liquids, herbal smoking products, vaping substances, nicotine-containing vapour or any other such products and EEE which is intended to form part of such a device

10A

Whether the producer is an OMP producer in relation to any of the EEE which the producer has placed on the market.

11A

In the case of an OMP producer required to provide a figure for the amount in tonnes of EEE placed on the market originating from non-UK suppliers for the purposes of regulation 38(1B), or paragraph 19B of this Schedule, a description of the methodology to be used to collate the information required with a view to ensuring that information provided is as complete and accurate as reasonably possible.

19B

As regards EEE placed on the market by a producer in their capacity as an OMP producer, a breakdown of how much of the total amount referred to in paragraph 19A comprises EEE originating from non-UK suppliers, also within 28 days of the information becoming available.