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SCHEDULES

Regulations 61 and 63

SCHEDULE 11U.K.Approval of authorised treatment facilities and exporters

PART 1U.K.Information to be included in an application for approval

1.  The name of the operator of the ATF or the exporter.U.K.

Commencement Information

I1Sch. 11 para. 1 in force at 1.1.2014, see reg. 1(2)

2.  The registered office address and telephone number [F1and, where available email address] of the operator of the ATF or the exporter where he is a body registered in the United Kingdom or, if the operator of the ATF or the exporter is not a body registered in the United Kingdom, the address of his principal place of business and telephone number [F1and, where available email address] in the United Kingdom.U.K.

Textual Amendments

Commencement Information

I2Sch. 11 para. 2 in force at 1.1.2014, see reg. 1(2)

3.  Where the operator of the ATF or exporter is a partnership, the names of all the partners.U.K.

Commencement Information

I3Sch. 11 para. 3 in force at 1.1.2014, see reg. 1(2)

4.  Where the operator of the ATF or exporter is not a body registered in the United Kingdom or a partnership, the name of the person having control or management of that body.U.K.

Commencement Information

I4Sch. 11 para. 4 in force at 1.1.2014, see reg. 1(2)

5.  The address for service of notices if different from that referred to in paragraph 2.U.K.

Commencement Information

I5Sch. 11 para. 5 in force at 1.1.2014, see reg. 1(2)

6.  In the case of an application made by the operator of an ATF, the name and address of the ATF in respect of which he is applying for approval.U.K.

Commencement Information

I6Sch. 11 para. 6 in force at 1.1.2014, see reg. 1(2)

7.  In the case of an application made by an exporter—U.K.

(a)the name and address of each site to which he proposes to export WEEE for re-use as a whole appliance, treatment, recovery or recycling;

(b)in respect of each site specified in accordance with paragraph (a)—

(i)specify the amount in tonnes of WEEE that he proposes to export to that site for re-use as a whole appliance, treatment, recovery pr recycling by reference to each of the following categories—

(aa)each of the categories listed in Schedule 1 [F2or, as the case may be, Schedule 3] (excluding display equipment, equipment containing refrigerants, gas discharge lamps, LED light sources and photovoltaic panels),

(bb)display equipment,

(cc)equipment containing refrigerants,

(dd)gas discharge lamps and LED light sources, and

(ee)photovoltaic panels;

(ii)the applicable reuse, treatment, recovery and recycling operations carried out by that site.

Textual Amendments

Commencement Information

I7Sch. 11 para. 7 in force at 1.1.2014, see reg. 1(2)

8.  Confirmation of whether or not the operator of the ATF or the exporter has been convicted of an offence under these Regulations; and where a positive confirmation is given an explanation of how the contravention of these Regulations which resulted in the conviction occurred and what steps have been taken to ensure such a contravention will not occur in the future.U.K.

Commencement Information

I8Sch. 11 para. 8 in force at 1.1.2014, see reg. 1(2)

PART 2U.K.Conditions of approval of authorised treatment facilities

[F39.  An evidence note for treatment must only be issued with respect to WEEE that—U.K.

(a)has been collected by a scheme or on behalf of a scheme;

(b)has arisen as waste in the United Kingdom; and

(c)has been received for treatment at an AATF.]

Textual Amendments

Commencement Information

I9Sch. 11 para. 9 in force at 1.1.2014, see reg. 1(2)

10.  An evidence note for reuse as a whole appliance [F4must] only be issued with respect to WEEE from private households that—U.K.

(a)has been deposited at a designated collection facility; or

(b)has been returned under regulation 43 or 52 and has not been deposited at a designated collection facility.

Textual Amendments

Commencement Information

I10Sch. 11 para. 10 in force at 1.1.2014, see reg. 1(2)

11.  The amount of WEEE recorded on an evidence note [F4must] be recorded in tonnes but any fraction of a whole tonne [F4must] be recorded in kilograms and such a fraction [F4must] be—U.K.

(a)rounded up to the nearest whole kilogram where the part kilogram is 0.5 or more; and

(b)rounded down to the nearest whole kilogram where the part kilogram is less than 0.5.

Textual Amendments

Commencement Information

I11Sch. 11 para. 11 in force at 1.1.2014, see reg. 1(2)

12.  Where—U.K.

(a)the result of rounding up under paragraph 11(a) is 1000 kilograms, or

(b)the result of rounding down under paragraph 11(b) is 0 kilograms, the total amount [F4must] be recorded in tonnes.

Textual Amendments

Commencement Information

I12Sch. 11 para. 12 in force at 1.1.2014, see reg. 1(2)

13.  Duplicate copies of any evidence note issued by the operator of the AATF [F4must] be retained by that operator of the AATF and made available for inspection by the appropriate authority at all reasonable times.U.K.

Textual Amendments

Commencement Information

I13Sch. 11 para. 13 in force at 1.1.2014, see reg. 1(2)

14.  An evidence note [F4must] not be issued by an operator of an AATF for more than the total amount of WEEE received in the relevant approval period.U.K.

Textual Amendments

Commencement Information

I14Sch. 11 para. 14 in force at 1.1.2014, see reg. 1(2)

15.  An evidence note [F4must] not be issued by an operator of an AATF in respect of any WEEE that has previously been treated by another AATF.U.K.

Textual Amendments

Commencement Information

I15Sch. 11 para. 15 in force at 1.1.2014, see reg. 1(2)

16.  An evidence note for reuse as a whole appliance [F4must] not be issued by an operator of an AATF—U.K.

(a)for more than the total amount of WEEE received for reuse as a whole appliance by, or on behalf of, that AATF in the relevant approval period; or

(b)for any WEEE in respect of which evidence of reuse has been issued by another AATF or an approved exporter.

Textual Amendments

Commencement Information

I16Sch. 11 para. 16 in force at 1.1.2014, see reg. 1(2)

17.  An evidence note [F4must] only be issued by an AATF in a format approved by the Secretary of State.U.K.

Textual Amendments

Commencement Information

I17Sch. 11 para. 17 in force at 1.1.2014, see reg. 1(2)

18.  An AATF [F4must] not issue an evidence note in relation to non-obligated WEEE.U.K.

Textual Amendments

Commencement Information

I18Sch. 11 para. 18 in force at 1.1.2014, see reg. 1(2)

19.  An evidence note [F4must] only be issued by an operator of an AATF to—U.K.

(a)an operator of a scheme; or

(b)a producer or authorised representative to whom regulation 14(10) applies.

Textual Amendments

Commencement Information

I19Sch. 11 para. 19 in force at 1.1.2014, see reg. 1(2)

20.  An evidence note which relates to—U.K.

(a)WEEE received for treatment, recovery or recycling in any relevant approval period; or

(b)WEEE that is reused as a whole appliance and has been deposited at a designated collection facility or returned under regulation 43 or 52 in any relevant approval period,

[F4must] not be issued by an operator of an AATF after 31st January in the year immediately following the end of that relevant approval period.

Textual Amendments

Commencement Information

I20Sch. 11 para. 20 in force at 1.1.2014, see reg. 1(2)

21.  Where WEEE is treated at an AATF and is subsequently exported, it must be exported by an approved exporter.U.K.

Commencement Information

I21Sch. 11 para. 21 in force at 1.1.2014, see reg. 1(2)

22.  From 1st January 2014 until 31st December 2015 WEEE treated at the relevant AATF [F4must] meet the following targets—U.K.

(a)for WEEE that falls within categories 1 and 10 of Schedule 1—

(i)at least 80% recovery by the average weight in tonnes of the equipment;

(ii)at least 75% reuse and recycling of components, materials and substances by the average weight in tonnes of the equipment;

(b)for WEEE that falls within categories 3 and 4 of Schedule 1—

(i)at least 75% recovery by the average weight in tonnes of the equipment;

(ii)at least 65% reuse and recycling of components, materials and substances by the average weight in tonnes of the equipment;

(c)for WEEE that falls within categories 2, 5, 6, 7, 8 and 9 of Schedule 1—

(i)at least 70% recovery by the average weight in tonnes of the equipment;

(ii)excluding gas discharge lamps and LED light sources, at least 50% reuse and recycling of components, materials and substances by the average weight in tonnes of the equipment;

(d)for gas discharge lamps and LED light sources, at least 80% reuse and recycling of components, materials and substances by the average weight in tonnes of the lamps.

Textual Amendments

Commencement Information

I22Sch. 11 para. 22 in force at 1.1.2014, see reg. 1(2)

23.  From 1st January 2016 until 31st December 2018 WEEE treated at the relevant AATF [F4must] meet the following targets—U.K.

(a)for WEEE that falls within categories 1 and 10 of Schedule 1—

(i)at least 85% recovery by the average weight in tonnes of the equipment,

(ii)at least 80% reuse and recycling of components, materials and substances by the average weight in tonnes of the equipment;

(b)for WEEE that falls within categories 3 and 4 of Schedule 1—

(i)at least 80% recovery by the average weight in tonnes of the equipment,

(ii)at least 70% reuse and recycling of components, materials and substances by the average weight in tonnes of the equipment;

(c)for WEEE that falls within categories 2, 5, 6, 7, 8 and 9 of Schedule 1—

(i)at least 75% recovery by the average weight in tonnes of the equipment,

(ii)excluding gas discharge lamps and LED light sources, at least 55% reuse and recycling of components, materials and substances by the average weight in tonnes of the equipment;

(d)for gas discharge lamps and LED light sources, at least 80% reuse and recycling of components, materials and substances by the average weight in tonnes of the lamps.

Textual Amendments

Commencement Information

I23Sch. 11 para. 23 in force at 1.1.2016, see reg. 1(3)

[F524.  From 1st January 2019 WEEE treated at the relevant ATTF must meet the following targets—U.K.

(a)for WEEE that falls within categories 1 and 10 of Schedule 3—

(i)at least 85% recovery by the average weight in tonnes of the equipment,

(ii)at least 80% reuse and recycling of components, materials and substances by the average weight in tonnes of the equipment;

(b)for WEEE that falls within categories 3 and 4 of Schedule 3—

(i)at least 80% recovery by the average weight in tonnes of the equipment,

(ii)at least 70% reuse and recycling of components, materials and substances by the average weight in tonnes of the equipment;

(c)for WEEE that falls within categories 2, 5, 6, 7, 8 and 9 of Schedule 3—

(i)at least 75% recovery by the average weight in tonnes of the equipment,

(ii)excluding gas discharge lamps and LED light sources, at least 55% reuse and recycling of components, materials and substances by the average weight in tonnes of the equipment;

(d)for gas discharge lamps and LED light sources, at least 80% reuse and recycling of components, materials and substances by the average weight in tonnes of the lamps.]

Textual Amendments

Commencement Information

I24Sch. 11 para. 24 in force at 1.1.2019, see reg. 1(4)

25.  The operator of the AATF [F4must] comply with the requirements of regulation 66.U.K.

Textual Amendments

Commencement Information

I25Sch. 11 para. 25 in force at 1.1.2014, see reg. 1(2)

26.  The operator of the AATF has systems and procedures in place to ensure that data included in reports produced under regulation 66 are accurate.U.K.

Commencement Information

I26Sch. 11 para. 26 in force at 1.1.2014, see reg. 1(2)

27.  Where the operator of an ATF has submitted an application for approval under regulation 61(1) which was accompanied by the fee specified in regulation 65(1)(a) and he subsequently issues evidence notes for in excess of 400 tonnes of WEEE in the approval period to which the application relates, the operator of that ATF must pay the fee specified in regulation 65(1)(b) within 28 days of the date on which the first evidence note which exceeded 400 tonnes is issued in the relevant approval period, less the amount of the fee already paid which is specified in regulation 65(1)(a).U.K.

Commencement Information

I27Sch. 11 para. 27 in force at 1.1.2014, see reg. 1(2)

PART 3U.K.Conditions of approval of exporters

[F628.  An evidence note may be issued only in relation to WEEE that —U.K.

(a)has arisen as waste in the United Kingdom;

(b)is to be exported for reuse as a whole appliance;

(c)is to be export to an establishment or undertaking located outside the United Kingdom that has been notified to the appropriate authority in accordance with regulation 61 and paragraph 7(a) or regulation 62;

(d)is to be exported in accordance with Regulation (EC) No 1013/2006 of the European Parliament and of the Council on shipments of waste.]

Textual Amendments

Commencement Information

I28Sch. 11 para. 28 in force at 1.1.2014, see reg. 1(2)

29.  [F7The amount of WEEE recorded on an evidence note must be recorded in tonnes but any fraction of a whole tonne must be recorded in kilograms and such a fraction must be—]

(a)rounded up to the nearest whole kilogram where the part kilogram is 0.5 or more; and

(b)rounded down to the nearest whole kilogram where the part kilogram is less than 0.5.

Textual Amendments

Commencement Information

I29Sch. 11 para. 29 in force at 1.1.2014, see reg. 1(2)

30.  Where—U.K.

(a)the result of rounding up under paragraph 29(a) is 1000 kilograms; or

(b)the result of rounding down under paragraph 2(b) is 0 kilograms, the total amount [F8must] be recorded in tonnes.

Textual Amendments

Commencement Information

I30Sch. 11 para. 30 in force at 1.1.2014, see reg. 1(2)

31.  Duplicate copies of an evidence note issued under these Regulations [F9must] be retained by an approved exporter and made available for inspection by the appropriate authority at all reasonable times.U.K.

Textual Amendments

Commencement Information

I31Sch. 11 para. 31 in force at 1.1.2014, see reg. 1(2)

32.  An evidence note [F10must] not be issued by an approved exporter—U.K.

(a)for more than the total amount of WEEE received for export by that exporter in the relevant approval period; and

(b)for WEEE that is or will be partially treated in the United Kingdom before being exported by that exporter.

Textual Amendments

Commencement Information

I32Sch. 11 para. 32 in force at 1.1.2014, see reg. 1(2)

33.  An evidence note [F11must] only be issued by an approved exporter in a format approved by the Secretary of State.U.K.

Textual Amendments

Commencement Information

I33Sch. 11 para. 33 in force at 1.1.2014, see reg. 1(2)

34.  An evidence note [F12must] only be issued by an approved exporter to—U.K.

(a)an operator of a scheme; or

(b)a producer to whom regulation 14(10) applies.

Textual Amendments

Commencement Information

I34Sch. 11 para. 34 in force at 1.1.2014, see reg. 1(2)

35.  An evidence note [F13must] not be issued by an approved exporter after the 31st January in the year immediately following the end of the relevant approval period.U.K.

Textual Amendments

Commencement Information

I35Sch. 11 para. 35 in force at 1.1.2014, see reg. 1(2)

36.  The approved exporter [F14must] comply with the requirements of regulation 66.U.K.

Textual Amendments

Commencement Information

I36Sch. 11 para. 36 in force at 1.1.2014, see reg. 1(2)

37.  The approved exporter has systems and procedures in place to ensure that data included in reports produced under regulation 66 are accurate.U.K.

Commencement Information

I37Sch. 11 para. 37 in force at 1.1.2014, see reg. 1(2)

38.  The approved exporter [F15must] comply with the requirements of Schedule 9.U.K.

Textual Amendments

Commencement Information

I38Sch. 11 para. 38 in force at 1.1.2014, see reg. 1(2)

39.  Where an exporter has submitted an application for approval under regulation 61(1) which was accompanied by the fee specified in regulation 65(1)(a) and he subsequently issues evidence notes for in excess of 400 tonnes of WEEE in the approval period to which the application relates, the exporter must pay the fee specified in regulation 65(1)(b) in the period to which the approval relates, less the amount of the fee already paid which is specified in regulation 65(1)(a).U.K.

Commencement Information

I39Sch. 11 para. 39 in force at 1.1.2014, see reg. 1(2)