The Waste Electrical and Electronic Equipment Regulations 2006

1Citation, commencement and extent

2Interpretation

3Service of documents

4Amendments to the Environment Act 1995

PART 2APPLICATION

6First compliance period

7Existing Community legislation

PART 3PRODUCER OBLIGATIONS

8Financing: WEEE from private households

9Financing: WEEE from users other than private households

10Obligation to join a scheme

11Information provided to operators of schemes

12Declaration of compliance

13Record keeping

14Declaration of EEE producer registration number

15Marking EEE with the crossed out wheeled bin symbol

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

17Information on new types of EEE

18Producers supplying EEE by means of distance communication

PART 4SCHEME OBLIGATIONS

19Registration of producers

20Application to register producers

21Notification of new scheme members

22Financing: WEEE from private households

23Financing: WEEE from users other than private households

24Prioritise the reuse of whole appliances

27Reporting: WEEE

28Reporting: EEE put on the market

29Declaration of compliance

30Record keeping

PART 5DISTRIBUTOR OBLIGATIONS AND RIGHTS: WEEE FROM PRIVATE HOUSEHOLDS

34Record keeping

35Exemption for members of a distributor take back scheme

PART 6MISCELLANEOUS

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

37Obligation to optimise reuse and recycling of WEEE

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

39Take back: WEEE from private households

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

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

41Application for approval of a proposed scheme

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

43Conditions of approval

44Withdrawal of approval of a scheme

PART 8APPROVAL OF AUTHORISED TREATMENT FACILITIES AND EXPORTERS

46Requirement for approval

47Application for approval

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

49Conditions of approval

50Suspension and cancellation of approval

53Record keeping

PART 9POWERS AND DUTIES OF THE SECRETARY OF STATE

54Distributor take back scheme

55Approval of designated collection facilities

56Withdrawal of approval of designated collection facilities

57Code of practice

58Evidence notes

59Product design

PART 10DUTIES OF THE APPROPRIATE AUTHORITIES

60Registration of producers

62Approval of schemes

64Approval of authorised treatment facilities and exporters

PART 11DISCLOSURE OF INFORMATION

65Disclosure of information

66Right of appeal

67Procedure of appeals

68Determination of appeals

69Status of a decision pending appeal

PART 13ENFORCEMENT

71Enforcement notice

72Entry and inspection

PART 14OFFENCES AND PENALTIES

75Commencement of proceedings

SCHEDULE 1Categories of EEE covered by these Regulations

1Large household appliances

2Small household appliances

3IT and telecommunications equipment

4Consumer equipment

5Lighting equipment

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

7Toys, leisure and sports equipment

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

9Monitoring and control instruments

10Automatic dispensers

SCHEDULE 2List of products which fall under the categories in Schedule 1

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

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

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

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

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

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

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

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

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

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

SCHEDULE 3First compliance period

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

2Producer obligations

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

4Scheme obligations

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

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

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

8Scheme approval

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

10Duties of the appropriate authorities

11Offences and penalties

SCHEDULE 4Crossed out wheeled bin symbol

SCHEDULE 5Declaration of compliance

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

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

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

3The date of the declaration.

4The relevant compliance period to which the declaration relates.

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

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

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

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

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

3The date of the declaration.

4The relevant compliance period to which the declaration relates.

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

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

SCHEDULE 6Information to be included in an application for registration of producers and notification of new scheme members

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

2The name of the scheme.

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

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

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

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

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

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

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

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

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

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

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

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

SCHEDULE 7Approval of proposed schemes and schemes

PART 1Information to be included in an application for approval

1The name of the proposed scheme.

2The name of the operator of the proposed scheme.

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

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

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

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

PART 2Information to be included in the constitution

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

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

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

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

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

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

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

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

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

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

PART 3Information to be included in the operational plan

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

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

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

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

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

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

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

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

SCHEDULE 8Approval of authorised treatment facilities and exporters

PART 1Information to be included in an application for approval

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

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

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

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

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

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

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

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

PART 2Conditions of approval of authorised treatment facilities

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

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

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

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

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

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

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

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

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

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

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

PART 3Conditions of approval of exporters

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

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

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

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

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

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

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

SCHEDULE 9Criteria for approval as a designated collection facility

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

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

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

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

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

6The information referred to in paragraph 5 shall—

SCHEDULE 10Public register

1The producer’s name.

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

3The producer’s EEE producer registration number.

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

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

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

SCHEDULE 11Procedure of appeals

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

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

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

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

2006 No. 3289

Environmental protection

The Waste Electrical and Electronic Equipment Regulations 2006

Made11th December 2006

Laid before Parliament12th December 2006

Coming into force in accordance with regulation 1(2) to (4)

The Secretary of State is a Minister designated1 for the purposes of section 2(2) of the European Communities Act 19722 in respect of matters relating to the prevention and recovery of waste electrical and electronic equipment.

The Secretary of State, in exercise of the powers conferred on him by section 2(2) of that Act, makes the following Regulations.