PART 5DISTRIBUTOR OBLIGATIONS AND RIGHTS: WEEE FROM PRIVATE HOUSEHOLDS
TakebackI142
1
A distributor who supplies new EEE to a person F1must ensure that WEEE from private households can be returned to them free of charge and on a one-to-one basis by that person, provided that any such WEEE—
a
is of an equivalent type to, and
b
has fulfilled the same function as,
the supplied equipment.
2
A distributor who supplies new EEE from a retail premises with a sales area relating to EEE of at least 400m2 must provide for the collection of very small WEEE free of charge to the end-user of the EEE with no obligation to buy EEE of an equivalent type. Such collection must take place at the retail premises or in its immediate proximity.
ReturnsI243
1
A distributor may return WEEE from private households free of charge to the system that has been set up by an operator of a scheme that has been approved under regulation 55 for the purposes of complying with that operator of a scheme’s obligations in relation to WEEE from private households under regulation 28.
2
For the purposes of paragraph (1), “system” means a system that an operator of a scheme has set up —
a
in accordance with regulations 30, 31 and 32; and
b
under regulation 50.
InformationI344
A distributor who supplies new EEEF2must make information available in writing to users of EEE in private households on—
a
the requirement on each Member State under Article 5(1) of the Directive to minimise the disposal of WEEE as unsorted municipal waste and to achieve a high level of collection (including separate collection) of WEEE for treatment, recovery and environmentally sound disposal;
b
the collection and take-back systems that are available to them;
c
their role in contributing to the reuse, recycling and other forms of recovery of WEEE under these Regulations;
d
the potential effects on the environment and human health as a result of the presence of hazardous substances in EEE; and
e
the meaning of the crossed out wheeled bin symbol shown in Schedule 6.
Record keepingI445
1
A distributor to whom the regulation 42 applies F3must keep a record of the number of units of WEEE from private households that are returned to him under that regulation.
2
A distributor who returns WEEE from private households under regulation 43 F3must keep a record of the number of units of WEEE from private households returned by him under that regulation.
3
Each distributor to whom the obligation in regulation 44 applies F3must keep a record of the information made available under that regulation.
Exemption for distributors who are current members of a distributor take back schemeI546
Where a distributor is a member of a distributor take back scheme, they will be exempt from complying with the requirements of regulation 42 and 45(1) for the period during which his membership of the scheme subsists.