PART 4 SCHEME OBLIGATIONS

Financing: WEEE from private households

22.—(1) Where regulation 10(5) applies in relation to a scheme, the operator of that scheme shall be responsible for financing the costs referred to in regulation 8(1) for which each scheme member is responsible under regulation 8 in any compliance period, or any part of a compliance period, during which his membership of that scheme subsists.

(2) It shall be the duty of the appropriate authority to determine the amount of relevant WEEE for which each operator of a scheme shall be responsible under paragraph (1) by applying the calculation set out in paragraph (3).

(3) The amount of the relevant WEEE for which each operator of a scheme shall be responsible under paragraph (2) shall be calculated in relation to each of the categories of EEE as follows––

where—

• “A” is the total amount in tonnes of EEE intended for use by private households and falling within one of the categories of EEE (“the relevant category”) that has been put on the market in the United Kingdom by all of the members of a particular scheme in a particular compliance period, or part of a particular compliance period, (“the relevant compliance period”) during which their membership of that scheme subsists;

• “B” is the total amount in tonnes of EEE intended for use by private households and falling within the relevant category that has been put on the market in the United Kingdom by all producers in the same compliance period used in “A”; and

• “C” is the total amount in tonnes of the relevant WEEE which is waste from electrical or electronic products that fall within the relevant category that—

  (a)

  is deposited at a designated collection facility; or

  (b)

  is returned under regulation 32 but is not deposited at a designated collection facility,

in the same relevant compliance period used in “A”.

(4) Where paragraph (1) applies—

(a) the appropriate authority shall serve a preliminary notification in writing on that operator of a scheme specifying the amount of the relevant WEEE for which he shall be responsible under this regulation on or before 1st April of the year that immediately follows the relevant compliance period; and

(b) the appropriate authority shall serve a final notification in writing on that operator of a scheme specifying the amount of the relevant WEEE for which he shall be responsible under this regulation on or before 1st May of the year that immediately follows the relevant compliance period.

(5) A notification given under paragraph (4)(a) shall include the following information—

(a) the relevant compliance period;

(b) the amount in tonnes of the relevant WEEE, by reference to the categories of EEE, for which the appropriate authority has determined that that operator of a scheme shall be responsible under paragraph (1);

(c) an explanation of how the amount of the relevant WEEE referred to in sub-paragraph (b) has been determined using the calculation set out in paragraph (3); and

(d) that the operator of the scheme may make representations in writing to the appropriate authority in relation to the determination referred to in sub-paragraph (b) within 14 days of the date of the notification.

(6) A notification given under paragraph (4)(b) shall include the information referred to in paragraph (5)(a), (b) and (c).

(7) For the purpose of determining the amount of relevant WEEE for which each operator of a scheme shall be responsible under paragraph (1) using the calculation set out in paragraph (3)—

(a) the appropriate authority shall take account of any information provided to it in compliance with regulations 27 and 28 in relation to the relevant compliance period; and

(b) where any of the information referred to in sub-paragraph (a) has not been provided to it for any reason, the appropriate authority shall make a reasonable estimate of what such information would have been had it been provided as required.

(8) Where paragraph (7)(b) applies, the appropriate authority shall take account of any relevant information that is available to it in making a reasonable estimate.

(9) In this regulation,

(a) “categories of EEE” means—

(i) the categories of EEE listed in Schedule 1 (excluding display equipment, cooling appliances containing refrigerants and gas discharge lamps),

(ii) display equipment,

(iii) cooling appliances containing refrigerants, and

(iv) gas discharge lamps; and

(b) “relevant WEEE” has the meaning given in paragraph (1).