The Waste Electrical and Electronic Equipment Regulations 2013 No. 3113

PART 5 U.K. DISTRIBUTOR OBLIGATIONS AND RIGHTS: WEEE FROM PRIVATE HOUSEHOLDS

Takeback U.K.

42.—(1) A distributor who supplies new EEE to a person [F1 must] 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.

Textual Amendments

F1 Word in reg. 42 substituted (25.7.2014) by The Waste Electrical and Electronic Equipment and Restriction of the Use of Certain Hazardous Substances in Electrical and Electronic Equipment (Amendment) Regulations 2014 (S.I. 2014/1771), regs. 1(b), 3(2), Sch. 1 para. 18

Commencement Information

I1 Reg. 42 in force at 1.1.2014, see reg. 1(2)

Returns U.K.

43.—(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.

Commencement Information

I2 Reg. 43 in force at 1.1.2014, see reg. 1(2)

Information U.K.

44.  A distributor who supplies new EEE [F2 must] make information available in writing to users of EEE in private households on—

(a) the [F3 need] 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.

Textual Amendments

F2 Word in reg. 44 substituted (25.7.2014) by The Waste Electrical and Electronic Equipment and Restriction of the Use of Certain Hazardous Substances in Electrical and Electronic Equipment (Amendment) Regulations 2014 (S.I. 2014/1771), regs. 1(b), 3(2), Sch. 1 para. 19

F3 Word in reg. 44(a) substituted (31.12.2020) by The Waste (Miscellaneous Amendments) (EU Exit) (No. 2) Regulations 2019 (S.I. 2019/188), regs. 1(2)(b), 19(8) (as amended by S.I. 2020/1540, regs. 1(2), 11(2)); 2020 c. 1, Sch. 5 para. 1(1)

Commencement Information

I3 Reg. 44 in force at 1.1.2014, see reg. 1(2)

Record keeping U.K.

45.—(1) A distributor to whom the regulation 42 applies [F4 must] 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 [F4 must] 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 [F4 must] keep a record of the information made available under that regulation.

(4) The records referred to in this regulation [F4 must] be kept for a period of at least four years commencing on the date on which any such record is made and [F4 must] be made available to the Secretary of State on demand.

Textual Amendments

F4 Word in reg. 45 substituted (25.7.2014) by The Waste Electrical and Electronic Equipment and Restriction of the Use of Certain Hazardous Substances in Electrical and Electronic Equipment (Amendment) Regulations 2014 (S.I. 2014/1771), regs. 1(b), 3(2), Sch. 1 para. 20

Commencement Information

I4 Reg. 45 in force at 1.1.2014, see reg. 1(2)

Exemption for distributors who are current members of a distributor take back scheme U.K.

46.  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.

Commencement Information

I5 Reg. 46 in force at 1.1.2014, see reg. 1(2)