PART 8APPROVAL OF AUTHORISED TREATMENT FACILITIES AND EXPORTERS
Application for approvalI161
1
An application for approval of an ATF or an exporter under this Part F3must be made to the appropriate authority and F3must—
a
be made in writing,
b
contain the information set out in Part 1 of Schedule 11, which must be submitted in the format published by the appropriate authority under regulation 81; and
c
be accompanied by—
i
where the appropriate authority is the Environment Agency, the Natural Resources Body for Wales or SEPA,
aa
in the case of an applicant who undertakes to issue evidence notes for not more than 400 tonnes of WEEE in the approval period to which the application relates, the application charge specified in regulation 65(1)(a); and
bb
in any other case, the application charge specified in regulation 65(1)(b); or
ii
where the appropriate authority is the F6Department of Agriculture, Environment and Rural Affairs;
aa
in the case of an applicant who undertakes to issue evidence notes for not more than 400 tonnes of WEEE in the approval period to which the application relates; and
bb
in any other case,
the application charge specified in F1The Waste Electrical and Electronic Equipment (Charges) Regulations (Northern Ireland) 2014.
F52
An application for approval made by—
a
an operator of an ATF, to issue an evidence note in relation to WEEE received; or
b
an exporter, to issue an evidence note in relation to WEEE that is received for export for reuse as a whole appliance,
must be granted where the appropriate authority is satisfied as to the matters set out in paragraph (3) and must otherwise be refused.
3
The matters referred to—
a
in paragraph (2)(a) are—
i
that the applicant is an operator of an ATF,
ii
that the applicant will comply with the conditions referred to in regulation 63(1); and
iii
that the application has been made in accordance with paragraph (1); and
b
in paragraph (2)(b) are—
i
that the applicant is an exporter,
ii
where the application for approval relates to one or more reuse, treatment, recovery or recycling sites outside the EEA, that the requirements of Article 9(3) of the Directive will be met in respect of each such site,
F2iii
the applicant must comply with the conditions referred to in regulation 63(2); and
iv
that the application has been made in accordance with paragraph (1).
4
The appropriate authority F4must notify the applicant in writing of its decision under paragraph (2) no later than 12 weeks after the application was made and, if the decision is a decision to refuse approval, such a notification F4must state—
a
the reasons for the decision; and
b
the right of appeal under Part 12.
5
Subject to regulation 64, where approval is granted under paragraph (2), it will take effect—
a
where the application is made in the preceding year to that in which the person has applied to be approved—
i
from 1st January where the decision to grant approval was made before that date, and
ii
in all other cases, from the date of the decision, and
will remain in force until 31st December in the year for which the person has applied to be approved;
b
where the application is made during the year in which the person has applied to be approved, from the date of the decision, and will remain in force until 31st December in that year.
6
Where an operator of an ATF or an exporter who has—
a
given the undertaking referred to in paragraph (1)(c)(i)(aa); and
b
paid the application charge specified in regulation 65(1)(a),
subsequently breaches that undertaking, that operator of an ATF will from the date of that breach be liable to pay the appropriate authority the balance of the charge which would have been payable under paragraph (1)(c)(i)(bb) had the undertaking not been given.
7
In this Part, “relevant approval period” means the period in respect of which a grant of approval that has been made under this regulation remains in force.