The Waste Electrical and Electronic Equipment (Amendment) Regulations 2018

Amendment to the Waste Electrical and Electronic Equipment Regulations 2013

2.—(1) The Waste Electrical and Electronic Equipment Regulations 2013(1) are amended as follows.

(2) In regulation 2, after the definition of “LED light source”, insert—

““local authority” means—

(a)

in England, Wales and Scotland, an authority mentioned in section 30(2) of the Environmental Protection Act 1990(2);

(b)

in Northern Ireland, a district council within the meaning of section 1 of the Local Government Act (Northern Ireland) 1972(3);”.

(3) For regulation 34, substitute—

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

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

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

(b) any other scheme operator.

(3) Nothing in this regulation—

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

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

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

(4) In this regulation—

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

“operator of a designated collection facility means—

(a)

a local authority, or

(b)

a person operating a designated collection facility on behalf of a local authority;

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

(4) After regulation 35(1)(a), insert—

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

(1)

S.I. 2013/3113; relevant amending instruments are S.I. 2014/1771, 2015/1968.

(2)

1990 c. 43; section 30(2) has been amended by paragraph 17(2) of Schedule 9 to the Local Government (Wales) Act 1994 (c.19) and paragraph 167(3) of Schedule 13 to the Local Government etc (Scotland) Act 1994 (c.39).

(3)

1972 c. 9 (N.I.).