(This note is not part of the Regulations)
These Regulations transpose the main provisions of Council Directive 2002/96/EC of 27th January 2003 on waste electrical and electronic equipment (OJ No. L37, 13.2.2003, p.24) as amended by Council Directive 2003/108/EC (OJ No. L345, 31.12.2003, p.106) (as amended “the Directive”).
Part 1 (General) deals with extent (regulation 1), interpretation (regulation 2) and service of documents (regulation 3). Regulations 4, 45 and 51, which deal with charges, do not extend to Northern Ireland. In particular, the following terms used in these regulations have the same meaning as in the Directive: “dangerous substance or preparation”, “disposal”, “distributor”, “electrical and electronic equipment” (“EEE”), “producer”, “recovery”, “recycling”, “reuse”, “treatment”, “waste electrical and electronic equipment” (“WEEE”) and “WEEE from private households”. Regulation 4 amends the Environment Act 1995(1) for the purpose of extending the definition of “environmental licence” in that Act to cover specified functions of the Environment Agency (“EA”) and the Scottish Environment Protection Agency (“SEPA”) under these Regulations.
Part 2 (Application) provides that these Regulations will apply, with certain exceptions, to the categories of EEE specified in Schedule 1. The products listed in Schedule 2 fall within the categories set out in Schedule 1. Regulation 6 provides that these Regulations shall have effect in relation to the first compliance period (i.e. the period from 1st July 2007 to 31st December 2007) subject to the amendments made by Schedule 3.
Part 3 (Producer obligations) provides that all producers who put EEE on the market in the United Kingdom in a compliance period will be responsible for financing the costs of the collection, treatment, recovery and environmentally sound disposal of (a) WEEE from private households that is deposited at designated collection facilities, or returned under regulation 32 in that compliance period (regulation 8); and WEEE from users other than private households that arises during that compliance period (regulation 9). Regulation 10 provides that any producer who has any obligation under regulations 8 and 9 must join an approved compliance scheme; and that he shall be exempt from complying with any such obligation for the period that his membership of that scheme subsists.
Where a scheme’s approval is withdrawn, the obligations under regulations 8 and 9 will fall back on members of that scheme (i.e. producers) who will be notified of any such obligation in relation to WEEE from private households by the appropriate authority. Regulation 8 sets out the rules for working out the level of a producer’s financing obligation under that regulation. A producer must provide a declaration of compliance, together with supporting evidence, to the appropriate authority (regulation 12). Schedule 5 specifies the information that must be included in a declaration of compliance. For the purposes of these Regulations, the appropriate authority will be the EA, the SEPA or the Department of the Environment in Northern Ireland (regulation 2).
A producer must mark EEE that he puts on the market with the crossed out wheeled bin symbol shown in Schedule 4 (regulation 15), a producer identification mark and a date mark (regulation 16). A producer must also provide information on reuse and environmentally sound treatment for each new type of EEE put on the market by that producer (regulation 17). Regulation 18 places certain obligations on producers supplying EEE to a member State other than the United Kingdom by means of distance communication.
Part 4 (Scheme obligations) requires an operator of an approved compliance scheme to register or notify each producer who is a member of that scheme with the appropriate authority (regulations 19 and 21). Regulation 20 and Schedule 6 set out the procedure for registering producers. An operator of an approved scheme must meet the financing obligations that its members would have had, but for their membership of the scheme. An operator of a scheme has certain obligations in relation to the reuse of whole appliances (regulation 24), treatment (regulation 25) and recovery (regulation 26) for any WEEE that he is responsible for under these Regulations. An operator of a scheme has reporting (regulations 27 and 28), compliance (regulation 29) and record keeping (regulation 30) obligations.
Part 5 (Distributor obligations and rights) provides that a distributor shall be responsible for providing an in-store take back service for customers in relation to specified WEEE unless he is a member of a distributor take back scheme (regulations 31 and 35). A distributor who supplies new EEE must make specified information available to users of EEE in private households (regulation 33). A distributor has a right to return WEEE from private households free of charge to a system set up by a compliance scheme (regulation 32). Regulation 34 imposes a record-keeping obligation on distributors.
Part 6 (Miscellaneous) places a financing obligation on users other than private households in relation to WEEE that arises from EEE that was put on the market in the United Kingdom before 13th August 2005 (regulation 36). A person who collects or transports WEEE must ensure that reuse and recycling of that equipment, or its components, is optimised (regulation 37). A person has a right to refuse to handle contaminated WEEE (regulation 38). An operator of a scheme may establish and operate a system to take back WEEE from private households (regulation 39). No person may show a purchaser at the time of sale of new EEE the costs of financing the collection, treatment and environmentally sound disposal of WEEE from private households unless specified conditions apply (regulation 40).
Part 7 (Approval of proposed schemes and withdrawal of approval of schemes) sets out the procedure for applying for approval as a scheme (regulation 41 and Schedule 7). Provision is made for refusal of approval (regulation 42), conditions of approval (regulation 43) and withdrawal of approval (regulation 44). The charges that must be paid to the EA or SEPA under this Part are specified (regulation 45).
Part 8 (Approval of authorised treatment facilities and exporters) sets out the procedure for applying for approval as an authorised treatment facility (“ATF”) or an exporter for the purpose of issuing evidence of producer or scheme compliance under these Regulations (regulations 46 to 48 and Schedule 8). Provision is made for conditions of approval (regulation 49) and suspension or cancellation of approval (regulation 50). The charges that must be paid to the EA or SEPA under this Part are specified (regulation 51).
Part 9 (Powers and duties of the Secretary of State) provides the Secretary of State with a power to approve a distributor take back scheme (regulation 54) and designated collection facilities (“DCFs”) (regulations 55 and 56 and Schedule 9). The Secretary of State has a power to approve a code of practice for the purpose of providing practical guidance to DCFs and operators of schemes (regulation 57). He also has a power to buy, sell or otherwise supply evidence notes issued by an approved ATF (“AATF”) or an approved exporter; to issue evidence notes; and to approve the format of evidence notes issued by AATFs and approved exporters (regulation 58). The Secretary of State must promote the design and production of EEE that takes into account and facilitates dismantling and recovery (regulation 59).
Part 10 (Duties of the appropriate authorities) provides that an appropriate authority is under a duty to maintain and make available a register of producers (regulation 60 and schedule 10); and to monitor the performance of specified obligations of producers, operators of schemes, AATFs and approved exporters (regulation 61). This Part also imposes duties on an appropriate authority in relation to the approval of compliance schemes (regulation 62) and AATFs and approved exporters (regulation 64). An appropriate authority must publish information about EEE put on the market in the United Kingdom and WEEE deposited at DCFs (regulation 63).
Part 11 (Disclosure of information) makes provision for the disclosure of information by the Secretary of State, an appropriate authority and an enforcement authority to any person for the purpose of facilitating the carrying out of any function under these Regulations.
Part 12 and Schedule 11 (Appeals) sets out the right and procedure of an appeal against certain decisions of an appropriate authority.
Part 13 (Enforcement) provides that regulations 8 to 13, 18, 37, 49, 52 and 53 and Part 4 shall be enforced in England and Wales, by the EA, in Scotland, by the SEPA, and in Northern Ireland, by the Department of the Environment in Northern Ireland; and that the remainder of these Regulations shall be enforced by the Secretary of State (regulation 70) (together “the enforcement authorities”). The enforcement authorities are provided with powers to serve enforcement notices (regulation 71) and to enter and inspect premises (regulation 72).
Part 14 (Offences and penalties) details the offences (regulation 73) and penalties (regulation 74) relating to any contravention of these Regulations.
A Regulatory Impact Assessment (RIA) in respect of these Regulations is available and a copy can be obtained from the Sustainable Development and Regulation Directorate, Department of Trade and Industry (DTI), 151 Buckingham Palace Road, London SW1W 9SS and at http://www.dti.gov.uk/innovation/sustainability. As these Regulations transpose the Directive, a transposition note (TN) setting out how the Government has transposed the Directive in the United Kingdom has been prepared. A copy of the TN is available from the DTI as above. Copies of the RIA and TN have been placed in the libraries of both Houses of Parliament.