PART 4U.K.SCHEME OBLIGATIONS

Financing: WEEE from private householdsU.K.

28.—(1) Where regulation 14(7) applies in relation to a scheme, the operator of that scheme will be responsible for financing the costs referred to in regulation 11(1) for which each scheme member is responsible under regulation 11 in any compliance period, or any part of a compliance period, during which his membership of that scheme subsists.

(2) It will be the duty of the appropriate authority to determine the amount of relevant WEEE for which each operator of a scheme will 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 will be responsible under paragraph (2) will be calculated in relation to each of the categories of EEE as follows—

(A ÷ B) × C

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 placed on the market in the United Kingdom by all scheme members in the previous compliance period, or part of the previous 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 placed on the market in the United Kingdom by all producers [F1and authorised representatives] in the same compliance period used in “A”; and

“C” is the total amount in tonnes of WEEE from private households which is waste from electrical or electronic equipment that falls within the relevant category which the Secretary of State has determined under paragraph (5) to be the total amount in tonnes to be financed by producers [F2and authorised representatives] in that category in the compliance period that follows compliance period used in “A”.

(4) Where paragraph (1) applies—

(a)it will be the duty of the appropriate authority to determine the amount of relevant WEEE for which that operator of a scheme will be responsible under paragraph (2) by using the calculation set out in paragraph (3); and

(b)the appropriate authority [F3must] serve a notification in writing on that operator of a scheme specifying the total amount in tonnes of WEEE for which he will be responsible under this regulation on or before 31st March of the relevant compliance period.

(5) For each compliance period, the Secretary of State [F4must], after consultation with such persons or bodies as appear to him representative of the interests concerned—

(a)set the amount in tonnes of WEEE falling within each category of EEE, that is to be financed by all producers to whom paragraph (1) applies who have placed EEE onto the market in the same compliance period used in A; and

(b)determine whether it is appropriate to deduct any of the following—

(i)an estimate of non-obligated WEEE,

(ii)an estimate of WEEE arising, that has been properly treated in compliance with the requirements of the Directive outside the system for the financing of the collection, treatment, recovery and environmentally sound disposal of WEEE; and

(iii)an estimate of WEEE arising that will be retained under regulation 53

from the amount in tonnes of WEEE to be collected in the United Kingdom each compliance period.

(6) The total amount in tonnes of WEEE for which a scheme is responsible in each compliance period is the aggregate of their obligations in each category of EEE in that compliance period.

(7) A notification served under paragraph (4)(b) [F5must] 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 the scheme will 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).

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

(a)the appropriate authority [F6must] take account of the information provided to it—

(i)during the transitional period, in compliance with regulations 35 and 37 in relation to the previous compliance period, or

(ii)from 1st January 2019, in compliance with regulations 36 and 38 in relation to the previous compliance period, and

(iii)[F7where applicable], by that producer or the authorised representative in compliance with a notification served under regulation 58(3); 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 will make a reasonable estimate of what such information would have been had it been provided as required.

(9) Where paragraph (8)(b) applies, the appropriate authority [F8must] take account of any relevant information that is available to it in making a reasonable estimate.

(10) In this regulation,

(a)during the transitional period, “categories of EEE” means—

(i)the categories of EEE listed in Schedule 1 (excluding display equipment, appliances containing refrigerants, gas discharge lamps, LED light sources and photovoltaic panels),

(ii)display equipment,

(iii)appliances containing refrigerants,

(iv)gas discharge lamps and LED light sources; and;

(v)photovoltaic panels; and

[F9(b)from 1st January 2019, “categories of EEE” means—

(i)the categories of EEE listed in Schedule 3 (excluding display equipment, appliances containing refrigerants, gas discharge lamps, LED light sources and photovoltaic panels),

(ii)display equipment,

(iii)appliances containing refrigerants,

(iv)gas discharge lamps and LED light sources; and

(v)photovoltaic panels.]

(11) Where the appropriate authority grants an application made under regulation 26(2) or receives a notification under [F10regulation 26(10), 27(1) or 27A(2) or (4)] that may have the effect of changing the amount of relevant WEEE for which that operator of a scheme will be responsible under paragraph (1) the appropriate authority [F11must]—

(a)re-determine the amount of relevant WEEE for which that operator of a scheme will be responsible under paragraph (2) by [F12adjusting as appropriate the figure “A” in] the calculation set out in paragraph (4)(a); and

(b)serve a revised notification on that operator of a scheme in accordance with paragraph 4(b) within 28 days of the grant being approved or the notification being received by the appropriate authority.