The Waste Electrical and Electronic Equipment Regulations 2006 (revoked)

Regulations 47 and 49

SCHEDULE 8 U.K. Approval of authorised treatment facilities and exporters

PART 1 U.K. Information to be included in an application for approval

1.  The name of the operator of the [F1 ATF] or the exporter. U.K.

Textual Amendments

F1 Word in Sch. 8 Pt. 1 para. 1 substituted (1.1.2008) by The Waste Electrical and Electronic Equipment (Amendment) Regulations 2007 (S.I. 2007/3454), reg. 1, Sch. para. 32(2)(a)

2.  The registered office address and telephone number 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, his principal place of business and telephone number in the United Kingdom. U.K.

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

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. U.K.

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

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

7.  In the case of an application made by an exporter— U.K.

(a) the name and address of each site to which he proposes to export WEEE for [F2 reuse as a whole appliance,] treatment, recovery or recycling;

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

(i) specify the amount in tonnes of WEEE that he proposes to export to that site for [F3 reuse as a whole appliance,] treatment, recovery or recycling by reference to each of the following categories—

(aa) each of the categories listed in Schedule 1 (excluding display equipment, cooling appliances containing refrigerants and gas discharge lamps),

(bb) display equipment,

(cc) cooling appliances containing refrigerants, and

(dd) gas discharge lamps; and

(ii) the applicable [F4 reuse,] treatment, recovery and recycling operations carried out by that site.

Textual Amendments

F2 Words in Sch. 8 Pt. 1 para. 7(a) inserted (1.1.2008) by The Waste Electrical and Electronic Equipment (Amendment) Regulations 2007 (S.I. 2007/3454), reg. 1, Sch. para. 32(2)(b)(i)

F3 Words in Sch. 8 Pt. 1 para. 7(b)(i) inserted (1.1.2008) by The Waste Electrical and Electronic Equipment (Amendment) Regulations 2007 (S.I. 2007/3454), reg. 1, Sch. para. 32(2)(b)(ii)

F4 Word in Sch. 8 Pt. 1 para. 7(b)(ii) inserted (1.1.2008) by The Waste Electrical and Electronic Equipment (Amendment) Regulations 2007 (S.I. 2007/3454), reg. 1, Sch. para. 32(2)(b)(iii)

8.  Confirmation of whether or not the operator of the ATF or the exporter 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 such a contravention will not occur in the future. U.K.

PART 2 U.K. Conditions of approval of authorised treatment facilities

1.  An evidence note for treatment shall only be issued with respect to WEEE that has arisen as waste in the United Kingdom and that has been received for treatment at an [F5 AATF]. U.K.

Textual Amendments

F5 Word in Sch. 8 Pt. 2 para. 1 substituted (1.1.2008) by The Waste Electrical and Electronic Equipment (Amendment) Regulations 2007 (S.I. 2007/3454), reg. 1, Sch. para. 32(3)(a)

2.  An evidence note for recovery or recycling shall only be issued with respect to WEEE that has arisen as waste in the United Kingdom and that has been received for recovery and recycling by a reprocessor. U.K.

[F6 2A.   An evidence note for reuse as a whole appliance shall only be issued with respect to WEEE from private households that— U.K.

(a) has been deposited at a designated collection facility; or

(b) has been returned under regulation 32 or 40A and has not been deposited at a designated collection facility.]

Textual Amendments

F6 Sch. 8 Pt. 2 para. 2A inserted (1.1.2008) by The Waste Electrical and Electronic Equipment (Amendment) Regulations 2007 (S.I. 2007/3454), reg. 1, Sch. para. 32(3)(b)

3.  An evidence note for [F7 reuse as a whole appliance, treatment, recovery or] recycling shall specify the amount in tonnes of WEEE that has been treated, recovered or recycled by reference to each of the following categories— U.K.

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

(ii) display equipment,

(iii) cooling appliances containing refrigerants,

(iv) gas discharge lamps; and

in the case of each category shall specify the amount in tonnes of WEEE from private households and of WEEE from users other than private households.

Textual Amendments

F7 Words in Sch. 8 Pt. 2 para. 3 substituted (1.1.2008) by The Waste Electrical and Electronic Equipment (Amendment) Regulations 2007 (S.I. 2007/3454), reg. 1, Sch. para. 32(3)(c)

[F8 4.   The amount of WEEE recorded on an evidence note shall be recorded in tonnes but any fraction of a whole tonne shall be recorded in kilograms and such a fraction shall be— U.K.

(a) rounded up to the nearest whole kilogram where the part kilogram is 0.5 or more; and

(b) rounded down to the nearest whole kilogram where the part kilogram is less than 0.5.

Textual Amendments

F8 Sch. 8 Pt. 2 paras. 4, 4A substituted for Sch. 8 Pt. 2 para. 4 (1.1.2008) by The Waste Electrical and Electronic Equipment (Amendment) Regulations 2007 (S.I. 2007/3454), reg. 1, Sch. para. 32(3)(d)

4A.   Where— U.K.

(a) the result of rounding up under paragraph 4(a) is 1000 kilograms, or

(b) the result of rounding down under paragraph 4(b) is 0 kilograms,

the total amount shall be recorded in tonnes.]

Textual Amendments

F8 Sch. 8 Pt. 2 paras. 4, 4A substituted for Sch. 8 Pt. 2 para. 4 (1.1.2008) by The Waste Electrical and Electronic Equipment (Amendment) Regulations 2007 (S.I. 2007/3454), reg. 1, Sch. para. 32(3)(d)

5.  Duplicate copies of any evidence note issued by the operator of the AATF shall be retained by that operator of the AATF and made available for inspection by the appropriate authority at all reasonable times. U.K.

F9 6.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . U.K.

Textual Amendments

F9 Sch. 8 Pt. 2 para. 6 deleted (1.1.2008) by The Waste Electrical and Electronic Equipment (Amendment) Regulations 2007 (S.I. 2007/3454), reg. 1, Sch. para. 32(3)(e)

7.  An evidence note for treatment, recovery or recycling shall not be issued by an operator of an AATF for more than the total amount of WEEE— U.K.

(a) received for treatment, recovery or recycling at the AATF in the relevant approval period; and

(b) which is capable of being recovered or recycled no later than the end of the year immediately following the end of the relevant approval period.

8.  An evidence note for treatment, recovery or recycling shall not be issued by an operator of an AATF in respect of any WEEE that has previously been treated by another AATF. U.K.

[F10 8A.   An evidence note for reuse as a whole appliance shall not be issued by an operator of an AATF— U.K.

(a) for more than the total amount of WEEE received for reuse as a whole appliance by, or on behalf of, that AATF in the relevant approval period; or

(b) for any WEEE in respect of which evidence of reuse has been issued by another AATF or an approved exporter.

Textual Amendments

F10 Sch. 8 paras. 8A, 8B inserted (1.1.2008) by The Waste Electrical and Electronic Equipment (Amendment) Regulations 2007 (S.I. 2007/3454), reg. 1, Sch. para. 32(3)(f)

8B.   An evidence note for reuse as a whole appliance, treatment, recovery or recycling shall only be issued by an AATF in a format approved by the Secretary of State.] U.K.

Textual Amendments

F10 Sch. 8 paras. 8A, 8B inserted (1.1.2008) by The Waste Electrical and Electronic Equipment (Amendment) Regulations 2007 (S.I. 2007/3454), reg. 1, Sch. para. 32(3)(f)

9.  An evidence note shall only be issued by an operator of an AATF to— U.K.

(a) an operator of a scheme;

(b) a producer to whom regulation 10(8) applies;

[F11 (c) the Secretary of State; or

(d) the operator of a designated collection facility.]

Textual Amendments

F11 Sch. 8 Pt. 2 para. 9(c)(d) substituted for Sch. 8 Pt. 2 para. 9(c)-(e) (1.1.2008) by The Waste Electrical and Electronic Equipment (Amendment) Regulations 2007 (S.I. 2007/3454), reg. 1, Sch. para. 32(3)(g)

[F12 10.   An evidence note which relates to— U.K.

(a) WEEE received for treatment, recovery or recycling in any relevant approval period; or

(b) WEEE that is reused as a whole appliance and has been deposited at a designated collection facility or returned under regulation 32 or 40A in any relevant approval period,

shall not be issued by an operator of an AATF after 30th April in the year immediately following the end of that relevant approval period.]

Textual Amendments

F12 Sch. 8 Pt. 2 para. 10 substituted (1.1.2008) by The Waste Electrical and Electronic Equipment (Amendment) Regulations 2007 (S.I. 2007/3454), reg. 1, Sch. para. 32(3)(h)

11.  Where WEEE is treated at an AATF and is subsequently exported, it must be exported by an approved exporter. U.K.

PART 3 U.K. Conditions of approval of exporters

1.  An evidence note for [F13 reuse as a whole appliance,] treatment, recovery or recycling shall only be issued in respect of WEEE that is exported in accordance with Council Regulation (EEC) No. 259/93 of 1st February 1993 on the supervision and control of shipments of waste within, into and out of the European Community M1 , as amended by Commission Regulation (EC) No. 2557/2001 M2 , with respect to WEEE that has arisen as waste in the United Kingdom and that— U.K.

(a) has been exported for treatment at any establishment or undertaking located outside the United Kingdom which carries out treatment operations and which is of an equivalent standard to an ATF;F14 ...

(b) has been exported for recovery or recycling at any establishment or undertaking located outside the United Kingdom which carries out recovery or recycling operations and which is of an equivalent standard to a [F15 reprocessor; or]

[F16 (c) has been exported for reuse as a whole appliance to any establishment or undertaking located outside the United Kingdom.]

Textual Amendments

F13 Words in Sch. 8 Pt. 3 para. 1 inserted (1.1.2008) by The Waste Electrical and Electronic Equipment (Amendment) Regulations 2007 (S.I. 2007/3454), reg. 1, Sch. para. 32(4)(a)(i)

F14 Word in Sch. 8 Pt. 3 para. 1(a) deleted (1.1.2008) by The Waste Electrical and Electronic Equipment (Amendment) Regulations 2007 (S.I. 2007/3454), reg. 1, Sch. para. 32(4)(a)(ii)

F15 Words in Sch. 8 Pt. 3 para. 1(b) substituted (1.1.2008) by The Waste Electrical and Electronic Equipment (Amendment) Regulations 2007 (S.I. 2007/3454), reg. 1, Sch. para. 32(4)(a)(iii)

F16 Sch. 8 Pt. 3 para. 1(c) inserted (1.1.2008) by The Waste Electrical and Electronic Equipment (Amendment) Regulations 2007 (S.I. 2007/3454), reg. 1, Sch. para. 32(4)(a)(iv)

Marginal Citations

M1 OJ No. L30, 6.2.1993, p.1.

M2 OJ No. L349, 31.12.2001, p.1.

[F17 2.   The amount of WEEE recorded on an evidence note shall be recorded in tonnes but any fraction of a whole tonne shall be recorded in kilograms and such a fraction shall be— U.K.

(a) rounded up to the nearest whole kilogram where the part kilogram is 0.5 or more; and

(b) rounded down to the nearest whole kilogram where the part kilogram is less than 0.5.

Textual Amendments

F17 Sch. 8 Pt. 3 paras. 2, 2A substituted for Sch. 8 Pt. 3 para. 2 (1.1.2008) by The Waste Electrical and Electronic Equipment (Amendment) Regulations 2007 (S.I. 2007/3454), reg. 1, Sch. para. 32(4)(b)

2A.   Where— U.K.

(a) the result of rounding up under paragraph 2(a) is 1000 kilograms, or

(b) the result of rounding down under paragraph 2(b) is 0 kilograms,

the total amount shall be recorded in tonnes.]

Textual Amendments

F17 Sch. 8 Pt. 3 paras. 2, 2A substituted for Sch. 8 Pt. 3 para. 2 (1.1.2008) by The Waste Electrical and Electronic Equipment (Amendment) Regulations 2007 (S.I. 2007/3454), reg. 1, Sch. para. 32(4)(b)

3.  Duplicate copies of an evidence note issued under these Regulations shall be retained by an approved exporter and made available for inspection by the appropriate authority at all reasonable times. U.K.

F18 4.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . U.K.

Textual Amendments

F18 Sch. 8 Pt. 3 para. 4 deleted (1.1.2008) by The Waste Electrical and Electronic Equipment (Amendment) Regulations 2007 (S.I. 2007/3454), reg. 1, Sch. para. 32(4)(c)

5.  An evidence note for [F19 reuse as a whole appliance,] treatment, recovery or recycling outside the United Kingdom shall not be issued by an approved exporter— U.K.

(a) for more than the total amount of WEEE exported by that exporter; and

(b) for WEEE that is partially treated, recovered or recycled in the United Kingdom before being exported by that exporter.

Textual Amendments

F19 Words in Sch. 8 Pt. 3 para. 5 inserted (1.1.2008) by The Waste Electrical and Electronic Equipment (Amendment) Regulations 2007 (S.I. 2007/3454), reg. 1, Sch. para. 32(4)(d)(i)

[F20 5A.]  An evidence note for [F19 reuse as a whole appliance,] treatment, recovery or recycling shall only be issued by an approved exporter in a format approved by the Secretary of State U.K.

Textual Amendments

F19 Words in Sch. 8 Pt. 3 para. 5 inserted (1.1.2008) by The Waste Electrical and Electronic Equipment (Amendment) Regulations 2007 (S.I. 2007/3454), reg. 1, Sch. para. 32(4)(d)(i)

F20 Sch. 8 Pt. 3 para. 5(c) renumbered as Sch. 8 Pt. 3 para. 5A (1.1.2008) by The Waste Electrical and Electronic Equipment (Amendment) Regulations 2007 (S.I. 2007/3454), reg. 1, Sch. para. 32(4)(d)(ii)

6.  An evidence note shall only be issued by an approved exporter to— U.K.

(a) an operator of a scheme;

(b) a producer to whom regulation 10(8) applies;

[F21 (c) the Secretary of State; or

(d) the operator of a designated collection facility.]

Textual Amendments

F21 Sch. 8 Pt. 3 para. 6(c)(d) substituted for Sch. 8 Pt. 3 para. 6(c)-(e) (1.1.2008) by The Waste Electrical and Electronic Equipment (Amendment) Regulations 2007 (S.I. 2007/3454), reg. 1, Sch. para. 32(4)(e)

[F22 7.   An evidence note which relates to— U.K.

(a) WEEE received for treatment, recovery or recycling in any relevant approval period; or

(b) WEEE that is reused as a whole appliance and has been deposited at a designated collection facility or returned under regulation 32 or 40A in any relevant approval period,

shall not be issued by an approved exporter after 30th April in the year immediately following the end of that relevant approval period.]

Textual Amendments

F22 Sch. 8 Pt. 3 para. 7 substituted (1.1.2008) by The Waste Electrical and Electronic Equipment (Amendment) Regulations 2007 (S.I. 2007/3454), reg. 1, Sch. para. 32(4)(f)