The Waste Electrical and Electronic Equipment Regulations 2013

Regulation 55

SCHEDULE 10 U.K. Approval of proposed schemes and schemes

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

1.  The name of the proposed scheme. U.K.

Commencement Information

I1 Sch. 10 para. 1 in force at 1.1.2014, see reg. 1(2)

2.  The name of the operator of the proposed scheme. U.K.

Commencement Information

I2 Sch. 10 para. 2 in force at 1.1.2014, see reg. 1(2)

3.  The address and telephone number [F1 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, [F2 the address of] the principal place of business and telephone number [F1 and, where available, email address] of that operator. U.K.

Textual Amendments

F1 Words in Sch. 10 para. 3 inserted (25.12.2015) by The Waste Electrical and Electronic Equipment (Amendment) Regulations 2015 (S.I. 2015/1968), regs. 1, 2(44)(b)

F2 Words in Sch. 10 para. 3 inserted (25.12.2015) by The Waste Electrical and Electronic Equipment (Amendment) Regulations 2015 (S.I. 2015/1968), regs. 1, 2(44)(a)

Commencement Information

I3 Sch. 10 para. 3 in force at 1.1.2014, see reg. 1(2)

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

Commencement Information

I4 Sch. 10 para. 4 in force at 1.1.2014, see reg. 1(2)

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

Commencement Information

I5 Sch. 10 para. 5 in force at 1.1.2014, see reg. 1(2)

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. U.K.

Commencement Information

I6 Sch. 10 para. 6 in force at 1.1.2014, see reg. 1(2)

PART 2 U.K. Information to be included in the constitution

7.  The nature of the operator of the scheme’s legal personality. U.K.

Commencement Information

I7 Sch. 10 para. 7 in force at 1.1.2014, see reg. 1(2)

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

Commencement Information

I8 Sch. 10 para. 8 in force at 1.1.2014, see reg. 1(2)

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. U.K.

Commencement Information

I9 Sch. 10 para. 9 in force at 1.1.2014, see reg. 1(2)

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

Commencement Information

I10 Sch. 10 para. 10 in force at 1.1.2014, see reg. 1(2)

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

Commencement Information

I11 Sch. 10 para. 11 in force at 1.1.2014, see reg. 1(2)

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

Commencement Information

I12 Sch. 10 para. 12 in force at 1.1.2014, see reg. 1(2)

13.  Details of the eligibility criteria for membership of the proposed scheme. U.K.

Commencement Information

I13 Sch. 10 para. 13 in force at 1.1.2014, see reg. 1(2)

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. U.K.

Commencement Information

I14 Sch. 10 para. 14 in force at 1.1.2014, see reg. 1(2)

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. U.K.

Commencement Information

I15 Sch. 10 para. 15 in force at 1.1.2014, see reg. 1(2)

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

Commencement Information

I16 Sch. 10 para. 16 in force at 1.1.2014, see reg. 1(2)

PART 3 U.K. 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— U.K.

(a) that a scheme member must apply to join the scheme for a relevant compliance period during which he has commenced putting 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.

Commencement Information

I17 Sch. 10 para. 17 in force at 1.1.2014, see reg. 1(2)

18.  That the proposed scheme or scheme has the necessary resources and systems in place to— U.K.

(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.

Commencement Information

I18 Sch. 10 para. 18 in force at 1.1.2014, see reg. 1(2)

19.  That the operator of the proposed scheme or scheme [F3 must] co-operate with other operators of schemes in relation to developing working relationships with operators of designated collection facilities. U.K.

Textual Amendments

F3 Word in Sch. 10 para. 19 substituted (25.7.2014) by virtue of The Waste Electrical and Electronic Equipment and Restriction of the Use of Certain Hazardous Substances in Electrical and Electronic Equipment (Amendment) Regulations 2014 (S.I. 2014/1771), regs. 1(b), 3(3), Sch. 2 Pt. 2

Commencement Information

I19 Sch. 10 para. 19 in force at 1.1.2014, see reg. 1(2)

[F4 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.] U.K.

Textual Amendments

F4 Sch. 10 para. 19A inserted (1.1.2019) by The Waste Electrical and Electronic Equipment (Amendment) (No. 2) Regulations 2018 (S.I. 2018/1214), regs. 1, 31

20.  That the operator of the proposed scheme or scheme [F5 must] co-operate with operators of designated collection facilities to comply with regulation 53. U.K.

Textual Amendments

F5 Word in Sch. 10 para. 20 substituted (25.7.2014) by The Waste Electrical and Electronic Equipment and Restriction of the Use of Certain Hazardous Substances in Electrical and Electronic Equipment (Amendment) Regulations 2014 (S.I. 2014/1771), regs. 1(b), 3(3), Sch. 2 Pt. 2

Commencement Information

I20 Sch. 10 para. 20 in force at 1.1.2014, see reg. 1(2)

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

Commencement Information

I21 Sch. 10 para. 21 in force at 1.1.2014, see reg. 1(2)

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. U.K.

Commencement Information

I22 Sch. 10 para. 22 in force at 1.1.2014, see reg. 1(2)

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. U.K.

Commencement Information

I23 Sch. 10 para. 23 in force at 1.1.2014, see reg. 1(2)