The Waste Electrical and Electronic Equipment Regulations 2006

1. Introductory Text

2. PART 1 GENERAL

   1. 1. Citation, commencement and extent

   2. 2. Interpretation

   3. 3. Service of documents

   4. 4. Amendments to the Environment Act 1995

3. PART 2 APPLICATION

   1. 5. Application

   2. 6. First compliance period

   3. 7. Existing Community legislation

4. PART 3 PRODUCER OBLIGATIONS

   1. 8. Financing: WEEE from private households

   2. 9. Financing: WEEE from users other than private households

   3. 10. Obligation to join a scheme

   4. 11. Information provided to operators of schemes

   5. 12. Declaration of compliance

   6. 13. Record keeping

   7. 14. Declaration of EEE producer registration number

   8. 15. Marking EEE with the crossed out wheeled bin symbol

   9. 16. Marking EEE with a producer identification mark and a date mark

   10. 17. Information on new types of EEE

   11. 18. Producers supplying EEE by means of distance communication

5. PART 4 SCHEME OBLIGATIONS

   1. 19. Registration of producers

   2. 20. Application to register producers

   3. 21. Notification of new scheme members

   4. 22. Financing: WEEE from private households

   5. 23. Financing: WEEE from users other than private households

   6. 24. Prioritise the reuse of whole appliances

   7. 25. Treatment

   8. 26. Recovery

   9. 27. Reporting: WEEE

   10. 28. Reporting: EEE put on the market

   11. 29. Declaration of compliance

   12. 30. Record keeping

6. PART 5 DISTRIBUTOR OBLIGATIONS AND RIGHTS: WEEE FROM PRIVATE HOUSEHOLDS

   1. 31. Take back

   2. 32. Return

   3. 33. Information

   4. 34. Record keeping

   5. 35. Exemption for members of a distributor take back scheme

7. PART 6 MISCELLANEOUS

   1. 36. Final user financing obligation: WEEE from users other than private households

   2. 37. Obligation to optimise reuse and recycling of WEEE

   3. 38. WEEE from private households that presents a health and safety risk

   4. 39. Take back: WEEE from private households

   5. 40. Prohibition on showing the costs of financing the collection, treatment and environmentally sound disposal of WEEE from private households

8. PART 7 APPROVAL OF PROPOSED SCHEMES AND WITHDRAWAL OF APPROVAL OF SCHEMES

   1. 41. Application for approval of a proposed scheme

   2. 42. Notification of a decision to refuse to approve a proposed scheme

   3. 43. Conditions of approval

   4. 44. Withdrawal of approval of a scheme

   5. 45. Charges

9. PART 8 APPROVAL OF AUTHORISED TREATMENT FACILITIES AND EXPORTERS

   1. 46. Requirement for approval

   2. 47. Application for approval

   3. 48. Application for extension of approval of an exporter to an additional site

   4. 49. Conditions of approval

   5. 50. Suspension and cancellation of approval

   6. 51. Charges

   7. 52. Reporting

   8. 53. Record keeping

10. PART 9 POWERS AND DUTIES OF THE SECRETARY OF STATE

    1. 54. Distributor take back scheme

    2. 55. Approval of designated collection facilities

    3. 56. Withdrawal of approval of designated collection facilities

    4. 57. Code of practice

    5. 58. Evidence notes

    6. 59. Product design

11. PART 10 DUTIES OF THE APPROPRIATE AUTHORITIES

    1. 60. Registration of producers

    2. 61. Monitoring

    3. 62. Approval of schemes

    4. 63. Information

    5. 64. Approval of authorised treatment facilities and exporters

12. PART 11 DISCLOSURE OF INFORMATION

    1. 65. Disclosure of information

13. PART 12 APPEALS

    1. 66. Right of appeal

    2. 67. Procedure of appeals

    3. 68. Determination of appeals

    4. 69. Status of a decision pending appeal

14. PART 13 ENFORCEMENT

    1. 70. Enforcement

    2. 71. Enforcement notice

    3. 72. Entry and inspection

15. PART 14 OFFENCES AND PENALTIES

    1. 73. Offences

    2. 74. Penalties

    3. 75. Commencement of proceedings

16. Signature

17. 1. SCHEDULE 1

       Categories of EEE covered by these Regulations

       1. 1. Large household appliances

       2. 2. Small household appliances

       3. 3. IT and telecommunications equipment

       4. 4. Consumer equipment

       5. 5. Lighting equipment

       6. 6. Electrical and electronic tools (with the exception of large-scale stationary...

       7. 7. Toys, leisure and sports equipment

       8. 8. Medical devices (with the exception of all implanted and infected...

       9. 9. Monitoring and control instruments

       10. 10. Automatic dispensers

    2. SCHEDULE 2

       List of products which fall under the categories in Schedule 1

       1. 1. Large household appliances Large cooling appliances Refrigerators Freezers Other large...

       2. 2. Small household appliances Vacuum cleaners Carpet sweepers Other appliances for...

       3. 3. IT and telecommunications equipment Centralised data processing: Mainframes Minicomputers Printer...

       4. 4. Consumer equipment Radio sets Television sets Videocameras Video recorders Hi-fi...

       5. 5. Lighting equipment Luminaires for fluorescent lamps with the exception of...

       6. 6. Electrical and electronic tools (with the exception of large-scale stationary...

       7. 7. Toys, leisure and sports equipment Electric trains or car racing...

       8. 8. Medical devices (with the exception of all implanted and infected...

       9. 9. Monitoring and control instruments Smoke detector Heating regulators Thermostats Measuring,...

       10. 10. Automatic dispensers Automatic dispensers for hot drinks Automatic dispensers for...

    3. SCHEDULE 3

       First compliance period

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

       2. 2. Producer obligations

       3. 3. For regulation 13, substitute the following regulation— (1) A producer to whom the obligation in regulation 10...

       4. 4. Scheme obligations

       5. 5. In paragraph (1) of regulation 28, for the words “each...

       6. 6. After regulation 28, insert the following new regulation 28A— Reporting:...

       7. 7. In Schedule 6, after paragraph 14 insert the following new...

       8. 8. Scheme approval

       9. 9. In Schedule 7— (a) in paragraph (f) of Part 3;...

       10. 10. Duties of the appropriate authorities

       11. 11. Offences and penalties

    4. SCHEDULE 4

       Crossed out wheeled bin symbol

    5. SCHEDULE 5

       Declaration of compliance

       1. PART 1 Information to be included in a declaration of compliance by a producer

          1. 1. The name and address of the producer in respect of...

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

          3. 3. The date of the declaration.

          4. 4. The relevant compliance period to which the declaration relates.

          5. 5. In relation to the WEEE from private households in respect...

          6. 6. In relation to the WEEE from users other than private...

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

          1. 1. The name and address of the operator of the scheme...

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

          3. 3. The date of the declaration.

          4. 4. The relevant compliance period to which the declaration relates.

          5. 5. In relation to the WEEE from private households in respect...

          6. 6. In relation to the WEEE from users other than private...

    6. SCHEDULE 6

       Information to be included in an application for registration of producers and notification of new scheme members

       1. 1. The compliance period in respect of which the application for...

       2. 2. The name of the scheme.

       3. 3. The name of the operator of that scheme and, where...

       4. 4. The address and telephone number of the registered office of...

       5. 5. The name and address of the registered office of each...

       6. 6. The address for service of notices if different from the...

       7. 7. The business name of a scheme member if different from...

       8. 8. Where a scheme member is a partnership, the names of...

       9. 9. In the case of a claim that a scheme member...

       10. 10. In the case of a claim that a scheme member...

       11. 11. Details of the producer identification mark that each member of...

       12. 12. Where any scheme member has previously been registered under Part...

       13. 13. In relation to each scheme member, confirmation of whether the...

       14. 14. The Standard Industrial Classification (“SIC”) code for any scheme member...

    7. SCHEDULE 7

       Approval of proposed schemes and schemes

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

          1. 1. The name of the proposed scheme.

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

          3. 3. The address and telephone number of the registered office of...

          4. 4. Where the operator of the proposed scheme is a partnership,...

          5. 5. The address for service of notices if different from that...

          6. 6. Confirmation of whether or not the operator of the proposed...

       2. PART 2 Information to be included in the constitution

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

          2. 2. The type of relationship between the operator of the proposed...

          3. 3. Details of how membership fees and any other sums payable...

          4. 4. Details of any rules or regulations to be observed by...

          5. 5. Details of the procedures under which the operator of the...

          6. 6. Whether there is a minimum or maximum number of scheme...

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

          8. 8. Details of how evidence notes acquired by the operator of...

          9. 9. Details of any arbitration procedure that will apply for the...

          10. 10. Details of the arrangements in place for disseminating important information...

       3. PART 3 Information to be included in the operational plan

       4. PART 4 Requirements for approval of a proposed scheme and for continued approval of a scheme

          1. 1. That the rules or regulations of the proposed scheme or...

          2. 2. That the proposed scheme or scheme has the necessary resources...

          3. 3. That the operator of the proposed scheme or scheme will...

          4. 4. That the operator of the proposed scheme or scheme has...

          5. 5. That the operator of the proposed scheme or scheme is...

          6. 6. That the proposed scheme or scheme is likely to assist...

          7. 7. In the event that the operator of the proposed scheme...

    8. SCHEDULE 8

       Approval of authorised treatment facilities and exporters

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

          1. 1. The name of the operator of the AFT or the...

          2. 2. The registered office address and telephone number of the operator...

          3. 3. Where the operator of the ATF or exporter is a...

          4. 4. Where the operator of the ATF or exporter is not...

          5. 5. The address for service of notices if different from that...

          6. 6. In the case of an application made by an operator...

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

          8. 8. Confirmation of whether or not the operator of the ATF...

       2. PART 2 Conditions of approval of authorised treatment facilities

          1. 1. An evidence note for treatment shall only be issued with...

          2. 2. An evidence note for recovery or recycling shall only be...

          3. 3. An evidence note for treatment, recovery and recycling shall specify...

          4. 4. The amount of WEEE in tonnes recorded on an evidence...

          5. 5. Duplicate copies of any evidence note issued by the operator...

          6. 6. One or more substitute evidence note shall be issued by...

          7. 7. An evidence note for treatment, recovery or recycling shall not...

          8. 8. An evidence note for treatment, recovery or recycling shall not...

          9. 9. An evidence note shall only be issued by an operator...

          10. 10. Where an evidence note has not been issued by an...

          11. 11. Where WEEE is treated at an AATF and is subsequently...

       3. PART 3 Conditions of approval of exporters

          1. 1. An evidence note for treatment, recovery or recycling shall only...

          2. 2. The amount in tonnes of WEEE recorded on an evidence...

          3. 3. Duplicate copies of an evidence note issued under these Regulations...

          4. 4. One or more substitute evidence note shall be issued by...

          5. 5. An evidence note for treatment, recovery or recycling outside the...

          6. 6. An evidence note shall only be issued by an approved...

          7. 7. Where an evidence note has not been issued by an...

    9. SCHEDULE 9

       Criteria for approval as a designated collection facility

       1. 1. The facility is likely to subsist for at least one...

       2. 2. That— (a) the operator of the collection facility agrees to...

       3. 3. The operator of the collection facility is willing to work...

       4. 4. The operator of the collection facility holds a relevant authorisation....

       5. 5. (1) Where an operator of a collection facility—

       6. 6. The information referred to in paragraph 5 shall—

    10. SCHEDULE 10

        Public register

        1. 1. The producer’s name.

        2. 2. The address of the registered office or, where the producer...

        3. 3. The producer’s EEE producer registration number.

        4. 4. The name of the scheme that the producer has joined...

        5. 5. The name of the operator of that scheme and the...

        6. 6. A description of the producer identification mark used on that...

    11. SCHEDULE 11

        Procedure of appeals

        1. 1. (1) Where a person wishes to appeal to an appeal...

        2. 2. (1) Subject to sub-paragraph (2), notice of appeal shall be...

        3. 3. Where under regulation 67(2) the appeal is by way of...

        4. 4. (1) The appeal body or other person determining an appeal...

18. Explanatory Note