The Waste Electrical and Electronic Equipment Regulations 2006 (revoked)

Regulation 6

SCHEDULE 3 U.K. First compliance period

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

Producer obligations U.K.

2.  In regulation 10(2), for the words “any compliance period join a scheme on or before 15th October in the year immediately preceding the commencement of that compliance period” substitute “ the first compliance period, join a scheme on or before 15th March 2007 ”.

3.  For regulation 13, substitute the following regulation— U.K.

“13.—(1) A producer to whom the obligation in regulation 10 applies in relation to the first compliance period shall keep records in writing of the following information—

(a)

the amount in tonnes of all EEE which he has put on the market in the United Kingdom in 2006 and during the first compliance period which falls within—

(i)

the categories 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)

for each category referred to in sub-paragraph (a), the amount in tonnes of EEE that was or is intended for use by—

(i)

private households; and

(ii)

users other than private households.

(2) The records referred to in this regulation shall be kept for a period of at least four years commencing on the date on which any such record is made and shall be made available to the appropriate authority on demand.

(3) The obligation to keep records in paragraph (2) shall only apply to records that are in existence on 2nd January 2007 and to records that are made after that date.”.

Scheme obligations U.K.

4.  In regulation 20—

(a) in paragraph (1), for the words “any compliance period, or any part of a compliance period, make an application to the appropriate authority on or before 31st October in the year immediately preceding the commencement of that compliance period” substitute “ the first compliance period, or any part of the first compliance period, make an application to the appropriate authority on or before 31st March 2007 ”;

(b) in paragraph (2), for the words “15th October in the year immediately preceding the commencement of the relevant compliance period” substitute “ 15th March 2007 ”;

(c) in paragraph (6), for the words commencing with “1st December of the year immediately preceding the commencement of that compliance period” substitute the following “ 1st June 2007 ”; and

(d) after paragraph (8) insert the following new paragraphs (8A), (8B) and (8C)—

“(8A) The appropriate authority shall notify in writing each operator of a scheme of a preliminary assessment of the market share of his scheme members in 2006 on or before 17th April 2007.

(8B) The market share referred to in paragraph (8A) shall be calculated as follows in relation to each of the categories of EEE using the information provided to the appropriate authority in compliance with paragraph 13A of Schedule 4––

A ÷ B

• 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 in 2006 by all of the members of a particular scheme; and

• “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 in 2006.

(8C) A notification given under paragraph (8A) shall include the following information—

(a) the preliminary assessment of the market share in 2006 of the scheme members referred to in that paragraph by reference to the categories of EEE;

(b) an explanation of how the market share referred to in sub-paragraph (a) has been determined using the calculation set out in paragraph (8B).”.

5.  In paragraph (1) of regulation 28, for the words “each compliance period, or part of a compliance period” substitute “ 2006 and in the first compliance period, or in any part of that compliance period ”. U.K.

6.  After regulation 28, insert the following new regulation 28A— U.K.

“Reporting: financing of WEEE from private households

28A.— (1) Each operator of a scheme that is approved under regulation 41 for the first compliance period shall provide a report to the appropriate authority on or before 31st December 2007.

(2) The report referred to in paragraph (1) shall—

(a) be in writing; and

(b) explain how his scheme members could most effectively—

(i) assume responsibility for financing the costs of the collection, treatment, recovery and environmentally sound disposal of WEEE from private households deposited at designated collection facilities relating to the waste from any product that they have put on the market in the United Kingdom after 13th August 2005; and

(ii) provide a guarantee when placing a product on the market in the United Kingdom that ensures that the operations mentioned in sub-paragraph (b)(i) in relation to the waste from that product will be financed.”.

7.  In Schedule 6, after paragraph 14 insert the following new paragraph 14A— U.K.

“14A.   In the case of an application made under regulation 20(1), the following information in respect of each scheme member—

(a) the amount in tonnes of all EEE which each scheme member has placed on the market in the United Kingdom during 2006 which falls within—

(i) each of the categories 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) for each category referred to in sub-paragraph (a), the amount in tonnes of WEEE intended for use by—

(i) private households; and

(ii) users other than private households.”.

Scheme approval U.K.

8.  In regulation 41—

(a) in paragraph (1), for the words commencing “any compliance period” and ending with “in the year immediately preceding the commencement of that compliance period” substitute “ the first compliance period, on or before 31st January 2007 ”; and

(b) in paragraph (6)(a), for every reference to “1st October of the year immediately preceding the relevant compliance period” substitute “ on or before 28th February 2007 ”.

9.  In Schedule 7— U.K.

(a) in paragraph (f) of Part 3; and

(b) in paragraph 2(f) of Part 4,

for the words “regulations 27 and 28“ substitute “ regulations 27, 28 and 28A ”.

Duties of the appropriate authorities U.K.

10.  In paragraph (f) of regulation 61, for the words “regulations 27, 28“ substitute “ regulations 27, 28, 28A ”.

Offences and penalties U.K.

11.  In regulation 73—

(a) in paragraph (3)(a), after the word “28,” insert “ 28A, ”; and

(b) in paragraph (3)(b), for the words “27 or 28“ substitute “ 27, 28 or 28A ”.