These Regulations may be cited as the Waste Electrical and Electronic Equipment Regulations 2006.

Subject to paragraphs (3) and (4), these Regulations shall come into force on 2nd January 2007.

Regulations 15 to 17 and Schedule 4 shall come into force on 1st April 2007.

Regulations 31 to 36 and 40 shall come into force on 1st July 2007.

Regulations 4, 45 and 51 do not extend to Northern Ireland.

In these Regulations—

• “the Directive” means Directive 2002/96/EC of the European Parliament and of the Council of 27th January 2003 on waste electrical and electronic equipment (WEEE) M1 as amended by Directive 2003/108/EC of the European Parliament and of the Council of 8th December 2003 on waste electrical and electronic equipment (WEEE) M2;

• “AATF” means an approved authorised treatment facility;

• “ATF” means an authorised treatment facility;

• “approved authorised treatment facility” means an authorised treatment facility which is approved under regulation 47;

• “approved exporter” means an exporter who is approved under regulation 47;

• “appropriate authority” means—

  1. a

     for the purposes of any provision of these Regulations relating to the exercise of the functions of the appropriate authority in England or Wales, the Environment Agency;

  2. b

     for the purposes of any provision of these Regulations relating to the exercise of the functions of the appropriate authority in Scotland, SEPA;

  3. c

     for the purposes of any provision of these Regulations relating to the exercise of the functions of the appropriate authority in Northern Ireland, the Department of the Environment;

  4. d

     for the purposes of Part 3 relating to the obligations of a producer under regulations 8, 10, 12 and 13, the appropriate authority who has registered that producer in respect of the relevant compliance period, or the relevant part of a compliance period, under regulation 20;

  5. e

     for the purposes of Part 3 relating to the obligations of a producer under regulation 18—

     1. i

        where the producer's registered office or principal place of business is in England or Wales, the Environment Agency;

     2. ii

        where the producer's registered office or principal place of business is in Scotland, SEPA;

     3. iii

        where the producer's registered office or principal place of business is in Northern Ireland, the Department of the Environment;

  6. f

     for the purposes of Part 4 relating to the obligations of an operator of a scheme, the appropriate authority which granted approval of that operator's scheme under regulation 41;

  7. g

     for the purposes of Part 7 relating to the approval of schemes—

     1. i

        where the operator of the scheme's registered office or principal place of business is in England or Wales, the Environment Agency;

     2. ii

        where the operator of the scheme's registered office or principal place of business is in Scotland, SEPA;

     3. iii

        where the operator of the scheme's registered office or principal place of business is in Northern Ireland, the Department of the Environment;

  8. h

     for the purposes of Part 8 relating to the approval of authorised treatment facilities and exporters—

     1. i

        where the operator of the ATF's or the exporter's registered office or principal place of business is in England or Wales, the Environment Agency;

     2. ii

        where the operator of the ATF's or the exporter's registered office or principal place of business is in Scotland, SEPA; and

     3. iii

        where the operator of the ATF's or the exporter's registered office or principal place of business is in Northern Ireland, the Department of the Environment;

  9. i

     for the purposes of Schedule 9 relating to designated collection facilities—

     1. i

        where the operator of the collection facility's registered office or principal place of business is in England or Wales, the Environment Agency;

     2. ii

        where the operator of the collection facility's registered office or principal place of business is in Scotland, SEPA; and

     3. iii

        where the operator of the collection facility's registered office or principal place of business is in Northern Ireland, the Department of the Environment;

• “authorised treatment facility” means any facility operated by an establishment or undertaking carrying out treatment and which is licensed or otherwise permitted under or by virtue of any legislation made in the United Kingdom, or in any part of the United Kingdom, which implements Article 6 of the Directive;

• “code of practice” means the code of practice issued by the Secretary of State under regulation 57;

• “compliance period” means—

  1. a

     the first compliance period; or

  2. b

     any year following the first compliance period;

• “cooling appliances containing refrigerants” means—

  1. a

     large cooling appliances,

  2. b

     refrigerators,

  3. c

     freezers, and

  4. d

     other large appliances for refrigeration, conservation and storage of food,

  that fall within category 1 of Schedule 1;

• F8“dangerous substance or mixture” means any mixture which has to be considered dangerous under Directive 1999/45/EC of the European Parliament and of the Council of 31st May 1999 concerning the approximation of laws, regulations and administrative provisions of the Member States relating to the classification, packaging and labelling of dangerous preparations or any substance which fulfils the criteria for any of the following hazard classes or categories set out in Annex I of Regulation (EC) No 1272/2008 of the European Parliament and of the Council of 16th December 2008 on classification, labelling and packaging of substances and mixtures:

  1. i

     hazard classes 2.1 to 2.4, 2.6 and 2.7, 2.8 types A and B, 2.9, 2.10, 2.12, 2.13 categories 1 and 2, 2.14 categories 1 and 2, 2.15 types A to F;

  2. ii

     hazard classes 3.1 to 3.6, 3.7 adverse effects on sexual function and fertility or on development, 3.8 effects other than narcotic effects, 3.9 and 3.10;

  3. iii

     hazard class 4.1; and

  4. iv

     hazard class 5.1;

• “declaration of compliance” means the declaration of compliance referred to in regulation 12(1) or 29(1);

• “Department of the Environment” means the Department of the Environment in Northern Ireland;

• “designated collection facility” means any establishment or undertaking carrying out collection operations and which is approved by the Secretary of State under regulation 55;

• “display equipment” means—

  1. a

     personal computer screens that fall within category 3 of Schedule 1, and

  2. b

     television sets that fall within category 4 of Schedule 1;

• F9“disposal” means any of the applicable operations provided for in F13Annex I to Directive 2008/98/EC of the European Parliament and of the Council on waste;F9“disposal” has the meaning given by Article 3 of, and Annex I to, Directive 2008/98/EC of the European Parliament and of the Council on waste (“the Waste Directive”);

• “distributor” means any person who provides electrical or electronic equipment on a commercial basis to the party who is going to use it;

• “distributor take back scheme” means a distributor take back scheme approved by the Secretary of State under regulation 54;

• “EEE” means electrical and electronic equipment;

• “EEE producer registration number” means the registration number issued to a producer by the appropriate authority under regulation 20;

• “EEA” means the European Economic Area;

• “electrical and electronic equipment” means equipment which is dependent on electric currents or electromagnetic fields in order to work properly and equipment for the generation, transfer and measurement of such currents and fields falling under the categories set out in Schedule 1 to these Regulations and designed for use with a voltage rating not exceeding 1,000 volts for alternating current and 1,500 volts for direct current;

• “enforcement authority” has the meaning given in regulation 70(5);

• “enforcement notice” means a notice in writing served in accordance with regulation 71;

• “enforcement officer” has the meaning given in regulation 72(13);

• “Environment Agency” means the body established under section 1(1) of the Environment Act 1995 M3;

• “evidence note” means any of the following—

  1. a

     F5an evidence note issued, in the format approved by the Secretary of State under regulation 58(2), by—

     1. i

        an operator of an AATF, as evidence of the receipt of tonnage of WEEE specified in the note for—

        1. aa

           reuse as a whole appliance, or

        2. bb

           treatment at an ATF, or

     2. ii

        an approved exporter, as evidence of the receipt for export of tonnage of WEEE specified in the note for reuse as a whole appliance outside the United Kingdom.

• “exporter” means a person who, in the ordinary course of conduct of a trade, occupation or profession, exports WEEE for F1reuse as a whole appliance, treatment, recovery or recycling outside the United Kingdom;

• “financial year” in relation to a scheme member—

  1. a

     where that scheme member is a company is determined as provided in—

     1. i

        section 223(1) to (3) of the Companies Act 1985 M4, or

     2. ii

        article 231(1) to (3) of the Companies (Northern Ireland) Order 1986 M5; and

  2. b

     in any other case has the meaning given in—

     1. i

        section 223(4) of the Companies Act 1985, or

     2. ii

        article 231(4) of the Companies (Northern Ireland) Order 1986,

     but as if the reference there to an undertaking were a reference to that scheme member;

• “first compliance period” means the period commencing on 1st July 2007 and ending with 31st December 2007;

• “first quarter period” means a period commencing on 1st January and ending with 31st March;

• “fourth quarter period” means a period commencing on 1st October and ending with 31st December;

• “gas discharge lamp” means a gas discharge lamp that falls within category 5 of Schedule 1;

• “issue” in relation to an evidence note means to sell or otherwise supply to any person;

• “member State” includes Norway, Iceland and Lichtenstein M6;

• “new scheme” has the meaning given in regulation 10(7);

• F6“non-obligated WEEE” means WEEE received by an AATF or approved exporter other than from or on behalf of a scheme;

• “old scheme” has the meaning given in regulation 10(7);

• “operator of a collection facility” means the operator of an establishment or undertaking carrying out collection operations;

• “operator of a scheme” means the operator of a scheme that has been approved under regulation 41;

• “operator of a proposed scheme” means the operator of a proposed scheme that is the subject of an application for approval made under regulation 41;

• “Planning Appeals Commission” means the Planning Appeals Commission constituted under Article 110 of the Planning (Northern Ireland) Order 1991 M7;

• “premises” includes any land or means of transport;

• “producer” means any person who, irrespective of the selling technique used, including by means of distance communication in accordance with Directive 97/7/ECM8 as amended by Directive 2002/65/ECM9 on the protection of consumers in respect of distance contracts—

  1. a

     manufactures and sells electrical and electronic equipment under his own brand;

  2. b

     resells under his own brand equipment produced by other suppliers, a reseller not being regarded as the “producer” if the brand of the producer appears on the equipment, as provided for in sub-paragraph (a); or

  3. c

     imports or exports electrical and electronic equipment on a professional basis into a member State;

• “proposed scheme” means a proposed scheme that is the subject of an application for approval made under regulation 41;

• “quarter period” means—

  1. a

     the first quarter period;

  2. b

     the second quarter period;

  3. c

     the third quarter period;

  4. d

     the fourth quarter period;

• F10“recovery” means any of the applicable operations provided for in F14Annex II to Directive 2008/98/EC, and “recover”, “recovered” and “recovery operation” shall be construed accordingly;F10“recovery” has the meaning given by Article 3 of, and Annex II to, the Waste Directive, and “recover”, “recovered” and “recovery operation” shall be construed accordingly;

• “recycling” means the reprocessing in a production process of the waste materials for the original purpose or for other purposes, but excluding energy recovery which means the use of combustible waste as a means of generating energy through direct incineration with or without other waste but with recovery of the heat, and “recycled” and “recycling operation” shall be construed accordingly;

• “register of producers” means the register of producers maintained by the appropriate authority under regulation 60;

• “registered in the United Kingdom” means——

  1. a

     registered under the Companies Act 1985 or under the former Companies Acts (as defined in that Act); or

  2. b

     registered, or deemed to be registered, under the Companies (Northern Ireland) Order 1986 or under the former Companies Acts (as defined in that Order);

• “relevant approval period” has the meaning given in regulation 47(7);

• “relevant authorisation” means—

  1. a

     F2a permit granted under regulation 13(1) of F7the Environmental Permitting (England and Wales) Regulations 2010 or F16regulation 11 of the Pollution Prevention and Control (Scotland) Regulations 2012,

  2. b

     F3an authorisation granted under section 6 of the Environmental Protection Act 1990M10 (“the 1990 Act”),

  3. c

     F3a waste management licence granted under section 36 of the 1990 Act,

  4. d

     F4an exemption registered or otherwise permitted under F11regulations 17 and 19 of the Waste Management Licensing (Scotland) Regulations 2011,

     F4an exempt waste operation under F7the Environmental Permitting (England and Wales) Regulations 2010 or any other operation exempt from the requirements of section 33(1)(a) and (b) of the Environmental Protection Act 1990 under those Regulations;

  5. e

     a permit granted under regulation 10 of the Pollution Prevention and Control Regulations (Northern Ireland) 2003 M11,

  6. f

     an exemption registered under regulation 18 of the Waste Management Licensing Regulations (Northern Ireland) 2003 M12, or

  7. g

     a waste management licence granted under article 8 of the Waste and Contaminated Land (Northern Ireland) Order 1997 M13;

• “relevant compliance period” means any compliance period, or any part of a compliance period, in respect of which any person has any obligation under these Regulations;

• “reprocessor” means a person who, in the ordinary course of conduct of a trade, occupation or profession, carries out one or more activities of recovery or recycling and who holds a relevant authorisation;

• “reuse” means any operation by which WEEE or components thereof are used for the same purpose for which they were conceived, including the continued use of the equipment or components thereof which are returned to collection points, distributors, recyclers or manufacturers, and “reused” shall be construed accordingly;

• “scheme” means a scheme that has been approved under regulation 41;

• “scheme member” means a producer who is a member of a scheme that has been approved by the appropriate authority under regulation 41;

• “Scottish Environment Protection Agency” means the body established under section 20(1) of the Environment Act 1995;

• “second quarter period” means a period commencing on 1st April and ending with 30th June;

• “SEPA” means the Scottish Environment Protection Agency;

• “third quarter period” means a period commencing on 1st July and ending with 30th September;

• “treatment” means any activity after the WEEE has been handed over to a facility for depollution, disassembly, shredding, recovery or preparation for disposal and any other operation carried out for the recovery or disposal or both of the WEEE, and “treat”, “treated” and “treatment operation” shall be construed accordingly;

• “turnover” means, in relation to a scheme member, his turnover as defined in—

  1. a

     section 262(1) of the Companies Act 1985, or

  2. b

     article 270(1) of the Companies (Northern Ireland) Order 1986,

  but as if the references to a company were references to that person;

• “waste electrical and electronic equipment” means electrical or electronic equipment which is waste within the meaning of F15Article 3(1) of Directive 2008/98/ECF12Article 3(1) of Directive 2008/98/EC, including all components, subassemblies and consumables which are part of the product at the time of discarding;

• “WEEE” means waste electrical and electronic equipment;

• “WEEE from private households” means WEEE which comes from private households and from commercial, industrial, institutional and other sources which, because of its nature and quantity, is similar to that from private households;

• “writing” includes text that is—

  1. a

     transmitted by electronic means,

  2. b

     received in legible form, and

  3. c

     capable of being used for subsequent reference; and

• “year” means a calendar year commencing on 1st January.

The following amendments to the Environment Act 1995 shall have effect.