Regulation 5
Commencement Information
I1Sch. 1 in force at 1.1.2014, see reg. 1(2)
LARGE HOUSEHOLD APPLIANCES
SMALL HOUSEHOLD APPLIANCES
IT AND TELECOMMUNICATIONS EQUIPMENT
CONSUMER EQUIPMENT AND PHOTOVOLTAIC PANELS
LIGHTING EQUIPMENT
ELECTRICAL AND ELECTRONIC TOOLS (WITH THE EXCEPTION OF LARGE-SCALE STATIONARY INDUSTRIAL TOOLS)
TOYS, LEISURE AND SPORTS EQUIPMENT
MEDICAL DEVICES (WITH THE EXCEPTION OF ALL IMPLANTED AND INFECTED PRODUCTS)
MONITORING AND CONTROL INSTRUMENTS
AUTOMATIC DISPENSERS
Regulation 5
Commencement Information
I2Sch. 2 in force at 1.1.2014, see reg. 1(2)
LARGE HOUSEHOLD APPLIANCES
Large cooling appliances
Refrigerators
Freezers
Other large appliances used for refrigeration, conservation and storage of food
Washing machines
Clothes dryers
Dish washing machines
Cookers
Electric stoves
Electric hot plates
Microwaves
Other large appliances used for cooking and other processing of food
Electric heating appliances
Electric radiators
Other large appliances for heating rooms, beds, seating furniture
Electric fans
Air conditioner appliances
Other fanning, exhaust ventilation and conditioning equipment
SMALL HOUSEHOLD APPLIANCES
Vacuum cleaners
Carpet sweepers
Other appliances for cleaning
Appliances used for sewing, knitting, weaving and other processing for textiles
Irons and other appliances for ironing, mangling and other care of clothing
Toasters
Fryers
Grinders, coffee machines and equipment for opening or sealing containers or packages
Electric knives
Appliances for hair-cutting, hair drying, tooth brushing, shaving, massage and other body care appliances
Clocks, watches and equipment for the purpose of measuring, indicating or registering time
Scales
IT AND TELECOMMUNICATIONS EQUIPMENT
Centralised data processing:
Mainframes
Minicomputers
Printer units
Personal computing:
Personal computers (CPU, mouse, screen and keyboard included)
Laptop computers (CPU, mouse, screen and keyboard included)
Notebook computers
Notepad computers
Printers
Copying equipment
Electrical and electronic typewriters
Pocket and desk calculators
Other products and equipment for the collection, storage, processing, presentation or communication of information by electronic means
User terminals and systems
Facsimile machine (fax)
Telex
Telephones
Pay telephones
Cordless telephones
Cellular telephones
Answering systems
Other products or equipment of transmitting sound, images or other information by telecommunications
CONSUMER EQUIPMENT AND PHOTOVOLTAIC PANELS
Radio sets
Television sets
Video cameras
Video recorders
Hi-fi recorders
Audio amplifiers
Musical instruments
Other products or equipment for the purpose of recording or reproducing sound or images, including signals or other technologies for the distribution of sound and image than by telecommunications
Photovoltaic panels
LIGHTING EQUIPMENT
Luminaires for fluorescent lamps with the exception of luminaires in households
Straight fluorescent lamps
Compact fluorescent lamps
High intensity discharge lamps, including pressure sodium lamps and metal halide lamps
Low pressure sodium lamps
Other lighting or equipment for the purpose of spreading or controlling light with the exception of filament bulbs
ELECTRICAL AND ELECTRONIC TOOLS (WITH THE EXCEPTION OF LARGE-SCALE STATIONARY INDUSTRIAL TOOLS)
Drills
Saws
Sewing machines
Equipment for turning, milling, sanding, grinding, sawing, cutting, shearing, drilling, making holes, punching, folding, bending or similar processing of wood, metal and other materials
Tools for riveting, nailing or screwing or removing rivets, nails, screws or similar uses
Tools for welding, soldering or similar use
Equipment for spraying, spreading, dispersing or other treatment of liquid or gaseous substances by other means
Tools for mowing or other gardening activities
TOYS, LEISURE AND SPORTS EQUIPMENT
Electric trains or car racing sets
Hand-held video game consoles
Video games
Computers for biking, diving, running, rowing, etc.
Sports equipment with electric or electronic components
Coin slot machines
MEDICAL DEVICES (WITH THE EXCEPTION OF ALL IMPLANTED AND INFECTED PRODUCTS)
Radiotherapy equipment
Cardiology equipment
Dialysis equipment
Pulmonary ventilators
Nuclear medicine equipment
Laboratory equipment for in-vitro diagnosis
Analysers
Freezers
Fertilization tests
Other appliances for detecting, preventing, monitoring, treating, alleviating illness, injury or disability
MONITORING AND CONTROL INSTRUMENTS
Smoke detector
Heating regulators
Thermostats
Measuring, weighing or adjusting appliances for household or laboratory equipment
Other monitoring and control instruments used in industrial installations (for example, in control panels)
AUTOMATIC DISPENSERS
Automatic dispensers for hot drinks
Automatic dispensers for hot or cold bottles or cans
Automatic dispensers for solid products
Automatic dispensers for money
All appliances which deliver automatically all kind of products
Regulation 6
Commencement Information
I3Sch. 3 in force at 1.1.2014, see reg. 1(2)
TEMPERATURE EXCHANGE EQUIPMENT
SCREENS, MONITORS AND EQUIPMENT CONTAINING SCREENS HAVING A SURFACE AREA GREATER THAN 100CM2
LAMPS
LARGE EQUIPMENT (ANY EXTERNAL DIMENSION MORE THAN 50CM) INCLUDING, BUT NOT LIMITED TO:
Household appliances
IT and telecommunication equipment
Consumer equipment
Luminaires
Equipment reproducing sound or images, musical equipment
Electrical and electronic tools
Toys, leisure and sports equipment
Medical devices
Monitoring and control instruments
Automatic dispensers
Equipment for generation of electric currents.
This category does not include equipment included in categories 1 to 3.
SMALL EQUIPMENT (NO EXTERNAL DIMENSION MORE THAN 50CM) INCLUDING, BUT NOT LIMITED TO:
Household appliances
Consumer equipment
Luminaires
Equipment reproducing sound or images, musical equipment
Electrical and electronic tools
Toys, leisure and sports equipment
Medical devices;
Monitoring and control instruments
Automatic dispensers
Equipment for generation of electric currents.
This category does not include equipment included in categories 1 to 3 and 6.
SMALL IT AND TELECOMMUNICATION EQUIPMENT (NO EXTERNAL DIMENSION MORE THAN 50CM)
Regulation 6
Commencement Information
I4Sch. 4 in force at 1.1.2014, see reg. 1(2)
TEMPERATURE EXCHANGE EQUIPMENT
Refrigerators
Freezers
Equipment which automatically delivers cold products
Air conditioning equipment
Dehumidifying equipment
Heat pumps
Radiators containing oil and other temperature exchange equipment using fluids other than water for the temperature exchange
SCREENS, MONITORS AND EQUIPMENT CONTAINING SCREENS HAVING A SURFACE AREA GREATER THAN 100CM2
Screens
Televisions
LCD photo Frames
Monitors
Laptops
Notebooks
LAMPS
Straight fluorescent lamps
Compact fluorescent lamps
Fluorescent lamps
High intensity discharge lamps – including pressure sodium lamps and mental halide lamps
Low pressure Sodium lamps
LED
LARGE EQUIPMENT
Washing Machines
Clothes dryers
Dish washing machines
Cookers
Electric Stoves
Electric hot plates
Luminaires
Equipment reproducing sound or images
Musical equipment (excluding pipe organs installed in churches)
Appliances for knitting and weaving
Large computer-mainframes
Large printing machines
Copying equipment
Large coin slot machines
Large medical devices
Large monitoring and control instruments
Large appliances which automatically deliver products and money
Photovoltaic Panels
SMALL EQUIPMENT
Vacuum cleaners
Carpet sweepers
Appliances for sewing
Luminaires
Microwaves
Ventilation equipment
Irons
Toasters
Electric knives
Electric kettles
Clocks and watches
Electric shavers
Scales
Appliances for hair and body care
Calculators
Radio sets
Video Cameras
Video Recorders
Hi-fi equipment
Musical instruments
Equipment for reproducing sound or images
Electrical and electronic toys
Sports equipment
Computers for biking, diving, running, rowing, etc.
Smoke detectors
Heating regulators
Thermostats
Small electrical and electronic tools
Small medical devices
Small monitoring and control instruments
Small appliances which automatically deliver products
Small equipment with integrated photovoltaic panels
SMALL IT AND TELECOMMUNICATION EQUIPMENT (NO EXTERNAL DIMENSION MORE THAT 50CM)
Mobile phones
GPS
Pocket calculators
Routers
Personal computers
Printers
Telephones
Regulation 9
1. The following amendments apply in relation to the first compliance period.U.K.
Commencement Information
I5Sch. 5 para. 1 in force at 1.1.2014, see reg. 1(2)
[F12. For regulation 11(11)(a)(i), substitute—
“(i)during the first compliance period, in compliance with the provisions that applied to the 2013 compliance period on 31 December 2013;”]
Textual Amendments
F1Sch. 5 para. 2 substituted (25.12.2015) by The Waste Electrical and Electronic Equipment (Amendment) Regulations 2015 (S.I. 2015/1968), regs. 1, 2(40)(a)
Commencement Information
I6Sch. 5 para. 2 in force at 1.1.2014, see reg. 1(2)
3. For regulation [F269(2)(b)] insert—
“(b)during the first compliance period, on or before 15th January 2014. If granted, the approval will apply from 15th February 2014;”.
Textual Amendments
F2Word in Sch. 5 para. 3 substituted (25.12.2015) by The Waste Electrical and Electronic Equipment (Amendment) Regulations 2015 (S.I. 2015/1968), regs. 1, 2(40)(b)
Commencement Information
I7Sch. 5 para. 3 in force at 1.1.2014, see reg. 1(2)
Regulation 22
Commencement Information
I8Sch. 6 in force at 1.1.2014, see reg. 1(2)
Regulations19 and 39
1. The name and address of the producer or authorised representative in respect of whom the declaration is issued.U.K.
Commencement Information
I9Sch. 7 para. 1 in force at 1.1.2014, see reg. 1(2)
2. The name and title of the person who issues the declaration, including confirmation of whether that person is the producer or an authorised representative.U.K.
Commencement Information
I10Sch. 7 para. 2 in force at 1.1.2014, see reg. 1(2)
3. The date of the declaration.U.K.
Commencement Information
I11Sch. 7 para. 3 in force at 1.1.2014, see reg. 1(2)
4. The relevant compliance period to which the declaration relates.U.K.
Commencement Information
I12Sch. 7 para. 4 in force at 1.1.2014, see reg. 1(2)
5. In relation to the WEEE from private households in respect of which the declaration is being issued—U.K.
(a)the reference number of the appropriate authority’s notification under regulation 11(8)(b); and
(b)a declaration that the obligations under regulation 11(1) that have been notified to the relevant producer or authorised representative by the appropriate authority under that regulation—
(i)have been met, or
(ii)have not been met.
Commencement Information
I13Sch. 7 para. 5 in force at 1.1.2014, see reg. 1(2)
6. In relation to the WEEE from users other than private households in respect of which the declaration is being issued, a declaration that—U.K.
(a)the obligations under regulation 12(1)—
(i)have been met, or
(ii)have not been met;
(b)the amount in tonnes of WEEE for which the producer or authorised representative has been responsible for financing the costs of the collection, treatment, recovery and environmentally sound disposal during the relevant compliance period which fall, during the transitional period, within—
(i)each of the categories listed in Schedule 1 (excluding display equipment, appliances containing refrigerants, gas discharge lamps and LED light sources),
(ii)display equipment,
(iii)appliances containing refrigerants,
(iv)gas discharge lamps and LED light sources; and
(v)photovoltaic panels;
(c)from 1st January 2019, the amount in tonnes of WEEE for which the producer has been responsible for financing the costs of the collection, treatment, recovery and environmentally sound disposal during the relevant compliance period which fall within each of the categories listed in Schedule 3.
Commencement Information
I14Sch. 7 para. 6(a)(b) in force at 1.1.2014, see reg. 1(2)
I15Sch. 7 para. 6(c) in force at 1.1.2019, see reg. 1(4)
7. The name and address of the operator of the scheme in respect of which the declaration is issued.U.K.
Commencement Information
I16Sch. 7 para. 7 in force at 1.1.2014, see reg. 1(2)
8. The name and title of the person who issues the declaration.U.K.
Commencement Information
I17Sch. 7 para. 8 in force at 1.1.2014, see reg. 1(2)
9. The date of the declaration.U.K.
Commencement Information
I18Sch. 7 para. 9 in force at 1.1.2014, see reg. 1(2)
10. The relevant compliance period to which the declaration relates.U.K.
Commencement Information
I19Sch. 7 para. 10 in force at 1.1.2014, see reg. 1(2)
11. In relation to the WEEE from private households in respect of which the declaration is being issued—U.K.
(a)the reference number of the appropriate authority’s notification under regulation 28(4)(b); and
(b)a declaration that the obligations under regulation 28 that have been notified to the relevant operator of the scheme by the appropriate authority under that regulation—
(i)have been met; or
(ii)have not been met.
Commencement Information
I20Sch. 7 para. 11 in force at 1.1.2014, see reg. 1(2)
12. In relation to the WEEE from users other than private households in respect of which the declaration is being issued, a declaration that—U.K.
(a)the obligations under regulation 29—
(i)have been met, or
(ii)have not been met;
(b)the amount in tonnes of WEEE for which the operator of the scheme has been responsible for financing the costs of the collection, treatment, recovery and environmentally sound disposal during the relevant compliance period which fall, during the transitional period within—
(i)each of the categories 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;
(c)the amount in tonnes of WEEE for which the operator of the scheme has been responsible for financing the costs of the collection, treatment, recovery and environmentally sound disposal during the relevant compliance period which fall within Schedule 3.
Commencement Information
I21Sch. 7 para. 12 in force at 1.1.2014, see reg. 1(2)
Regulations 26 and 27
1. The compliance period in respect of which the application for registration or notification is being made.U.K.
Commencement Information
I22Sch. 8 para. 1 in force at 1.1.2014, see reg. 1(2)
2. The name of the producer joining the scheme or the name of the authorised representative joining the scheme.U.K.
Commencement Information
I23Sch. 8 para. 2 in force at 1.1.2014, see reg. 1(2)
3. The name of the scheme.U.K.
Commencement Information
I24Sch. 8 para. 3 in force at 1.1.2014, see reg. 1(2)
4. The name of the operator of that scheme and, where the operator of that scheme is a partnership, the names of all the partners.U.K.
Commencement Information
I25Sch. 8 para. 4 in force at 1.1.2014, see reg. 1(2)
5. The name, postal address, telephone number, email address and fax number of the registered office of each scheme member.U.K.
Commencement Information
I26Sch. 8 para. 5 in force at 1.1.2014, see reg. 1(2)
6. Where a scheme member is an authorised representative, the contact details of the producer that they represent as set out in paragraph 5.U.K.
Commencement Information
I27Sch. 8 para. 6 in force at 1.1.2014, see reg. 1(2)
7. The national identification code of the producer, including the European or national tax number of the producer.U.K.
Commencement Information
I28Sch. 8 para. 7 in force at 1.1.2014, see reg. 1(2)
8. The categories of EEE (set out in Schedule 1 or 3 as appropriate) which the producer which the producer has placed onto the market in the United Kingdom during the compliance period in respect of which the application or notification is being made.U.K.
Commencement Information
I29Sch. 8 para. 8 in force at 1.1.2014, see reg. 1(2)
9. The type of EEE (household or other than household EEE) that was placed onto the market in the United Kingdom during the compliance period in respect of which the application or notification is being made.U.K.
Commencement Information
I30Sch. 8 para. 9 in force at 1.1.2014, see reg. 1(2)
10. The brand name under which EEE placed onto the market in the United Kingdom by that producer was placed onto the market.U.K.
Commencement Information
I31Sch. 8 para. 10 in force at 1.1.2014, see reg. 1(2)
11. The way in which the producer meets their obligations.U.K.
Commencement Information
I32Sch. 8 para. 11 in force at 1.1.2014, see reg. 1(2)
12. The selling technique used.U.K.
Commencement Information
I33Sch. 8 para. 12 in force at 1.1.2014, see reg. 1(2)
13. The address for service of notices if different from the addresses mentioned in paragraph 5.U.K.
Commencement Information
I34Sch. 8 para. 13 in force at 1.1.2014, see reg. 1(2)
14. The business name of a scheme member if different from any name given in compliance with paragraph 5.U.K.
Commencement Information
I35Sch. 8 para. 14 in force at 1.1.2014, see reg. 1(2)
15. Where a scheme member is a partnership, the names of all the partners.U.K.
Commencement Information
I36Sch. 8 para. 15 in force at 1.1.2014, see reg. 1(2)
16. In the case of a claim that a scheme member is eligible for the annual producer charge specified in regulation 59(2)(a), evidence that that scheme member is not, and is not required to be, registered under the Value Added Tax Act 1994.U.K.
Commencement Information
I37Sch. 8 para. 16 in force at 1.1.2014, see reg. 1(2)
17. In the case of a claim that a scheme member is eligible for the annual producer charge specified in regulation 59(2)(b)—U.K.
(a)evidence that that scheme member is, or is required to be, registered under the Value Added Tax Act 1994; and
(b)evidence that the total turnover in pounds sterling of that scheme member in the last financial year was £1 million or less.
Commencement Information
I38Sch. 8 para. 17 in force at 1.1.2014, see reg. 1(2)
18. In relation to each scheme member, confirmation of whether the operator of the scheme will be discharging that scheme member’s obligations under—U.K.
(a)regulation 28(1);
(b)regulation 29(1); or
(c)both (a) and (b).
Commencement Information
I39Sch. 8 para. 18 in force at 1.1.2014, see reg. 1(2)
19. The Standard Industrial Classification (“SIC”) code for any scheme member that has one. For the purposes of this paragraph, an SIC code is a code that is included in the “Indexes to the United Kingdom Standard Industrial Classification of Economic Activities 2007” published by the Office for National Statistics.U.K.
Commencement Information
I40Sch. 8 para. 19 in force at 1.1.2014, see reg. 1(2)
[F319A. Where a producer is joining a scheme for the first time, within 28 days of the information becoming available, the total amount of tonnes of EEE that the producer has placed on the market in the United Kingdom in the previous compliance period.]U.K.
Textual Amendments
20. The national identification code of the producer.U.K.
Commencement Information
I41Sch. 8 para. 20 in force at 1.1.2014, see reg. 1(2)
21. The compliance period to which the reporting information relates.U.K.
Commencement Information
I42Sch. 8 para. 21 in force at 1.1.2014, see reg. 1(2)
22. The amount of EEE by reference to—U.K.
(a)each of the categories listed in Schedule 1 (excluding display equipment, appliances containing refrigerants, gas discharge lamps, LED light sources and photovoltaic panels);
(b)display equipment;
(c)appliances containing refrigerants;
(d)gas discharge lamps and LED light sources; and
(e)photovoltaic panels.
Commencement Information
I43Sch. 8 para. 22 in force at 1.1.2014, see reg. 1(2)
23. For each category referred to in paragraph 22, specify the amount in tonnes of EEE placed on the national market by that producer or authorised representative in the previous compliance period.U.K.
Commencement Information
I44Sch. 8 para. 23 in force at 1.1.2014, see reg. 1(2)
24. For each category referred to in paragraph 22, specify the amount in tonnes of EEE intended for use by private households; and by users other than private households.U.K.
Commencement Information
I45Sch. 8 para. 24 in force at 1.1.2014, see reg. 1(2)
25. For each category referred to in paragraph 24, specify the amount in tonnes of provided for EEE intended—U.K.
(a)for use by private households for each quarter period of a relevant compliance period on or before the last day of the month that immediately follows the end of that quarter period; and
(b)for use by users other than private households on or before the 31st January of the year immediately following the end of the relevant compliance period.
Commencement Information
I46Sch. 8 para. 25 in force at 1.1.2014, see reg. 1(2)
26. For each category referred to in paragraph 22, specify the amount in tonnes of [F4WEEE] that has, during the compliance period referred to in paragraph 21, been—U.K.
(a)separately collected;
(b)recycled (including prepared for re-use);
(c)recovered and disposed of within a Member State; or
(d)shipped to another destination within or outside the Union.
Textual Amendments
F4Word in Sch. 8 para. 26 substituted (25.12.2015) by The Waste Electrical and Electronic Equipment (Amendment) Regulations 2015 (S.I. 2015/1968), regs. 1, 2(42)(c)(i)
Commencement Information
I47Sch. 8 para. 26 in force at 1.1.2014, see reg. 1(2)
Valid from 01/01/2019
27. The national identification code of the producer.U.K.
Commencement Information
I48Sch. 8 para. 27 in force at 1.1.2019, see reg. 1(4)
28. The compliance period to which the reporting information relates.U.K.
Commencement Information
I49Sch. 8 para. 28 in force at 1.1.2019, see reg. 1(4)
29. The amount of EEE by reference to each of the categories listed in Schedule 3.U.K.
Commencement Information
I50Sch. 8 para. 29 in force at 1.1.2019, see reg. 1(4)
30. For each category referred to in paragraph 29, specify the amount in tonnes of EEE placed on the national market by that producer or authorised representative.U.K.
Commencement Information
I51Sch. 8 para. 30 in force at 1.1.2019, see reg. 1(4)
31. For each category referred to in paragraph 29, specify the amount in tonnes of EEE that has, during the compliance period referred to in paragraph 2, been—U.K.
(a)separately collected;
(b)recycled (including prepared for re-use);
(c)recovered and disposed of within a Member State; or
(d)shipped to another destination within or outside the Union.
Commencement Information
I52Sch. 8 para. 31 in force at 1.1.2019, see reg. 1(4)
32. The date of the application for registration.U.K.
Commencement Information
I53Sch. 8 para. 32 in force at 1.1.2014, see reg. 1(2)
33. The name of the producer and any brand name under which the producer operates or intends to operate in the United Kingdom.U.K.
Commencement Information
I54Sch. 8 para. 33 in force at 1.1.2014, see reg. 1(2)
34. The following contact details for the producer—U.K.
(a)the full postal address (including post code) and telephone number of—
(i)the producer’s registered office, or
(ii)if the producer is not a company registered in the United Kingdom, the producer’s principal place of business in the United Kingdom;
(b)a website address; and
(c)where available, a fax number and e-mail address.
Commencement Information
I55Sch. 8 para. 34 in force at 1.1.2014, see reg. 1(2)
35. An address for service of notices on the producer if different from the addresses mentioned in paragraph 34.U.K.
Commencement Information
I56Sch. 8 para. 35 in force at 1.1.2014, see reg. 1(2)
36. The name and telephone number of a contact person for the producer or authorised representative, and, where available, a fax number and e-mail address, for that person.U.K.
Commencement Information
I57Sch. 8 para. 36 in force at 1.1.2014, see reg. 1(2)
37. If the producer has been registered under these Regulations within the last five compliance periods the producer’s EEE producer registration number.U.K.
Commencement Information
I58Sch. 8 para. 37 in force at 1.1.2014, see reg. 1(2)
38. A signed declaration of the truth of the information provided and the name and title of the signatory of the declaration.U.K.
Commencement Information
I59Sch. 8 para. 38 in force at 1.1.2014, see reg. 1(2)
Regulation 54
1. In order to distinguish between EEE and WEEE, where the holder of the object claims that he intends to ship or is shipping used EEE and not WEEE, Member States shall require the holder to have available the following to substantiate this claim:U.K.
(a)a copy of the invoice and contract relating to the sale and/or transfer of ownership of the EEE which states that the equipment is destined for direct re-use and that it is fully functional;
(b)evidence of evaluation or testing in the form of a copy of the records (certificate of testing, proof of functionality) on every item within the consignment and a protocol containing all record information according to paragraph 3;
(c)a declaration made by the holder who arranges the transport of the EEE that none of the material or equipment within the consignment is waste as defined by Article 3(1) of Waste Directive(1); and
(d)appropriate protection against damage during transportation, loading and unloading in particular through sufficient packaging and appropriate stacking of the load.
Commencement Information
I60Sch. 9 para. 1 in force at 1.1.2014, see reg. 1(2)
2. By way of derogation, paragraph 1(a) and (b) and paragraph 3 do not apply where it is documented by conclusive proof that the shipment is taking place in the framework of a business-to-business transfer agreement and that:U.K.
(a)the EEE is sent back to the producer or a third party acting on his behalf as defective for repair under warranty with the intention of re-use; or
(b)the used EEE for professional use is sent to the producer or a third party acting on his behalf or a third-party facility in countries to which Decision C(2001)107/Final of the OECD Council concerning the revision of Decision C(92)39/Final on control of transboundary movements of wastes destined for recovery operations applies, for refurbishment or repair under a valid contract with the intention of re-use; or
(c)the defective used EEE for professional use, such as medical devices or their parts, is sent to the producer or a third party acting on his behalf for root cause analysis under a valid contract, in cases where such an analysis can only be conducted by the producer or third parties acting on his behalf.
Commencement Information
I61Sch. 9 para. 2 in force at 1.1.2014, see reg. 1(2)
3. In order to demonstrate that the items being shipped constitute used EEE rather than WEEE, Member States shall require the following steps for testing and record keeping for used EEE to be carried out:U.K.
Step 1: Testing
(a)Functionality shall be tested and the presence of hazardous substances shall be evaluated. The tests to be conducted depend on the kind of EEE. For most of the used EEE a functionality test of the key functions is sufficient.
(b)Results of evaluation and testing shall be recorded.
Step 2: Record
(c)The record shall be fixed securely but not permanently on either the EEE itself (if not packed) or on the packaging so it can be read without unpacking the equipment.
(d)The record shall contain the following information:
(i)name of item (name of the equipment if listed in Annex II or Annex IV, as appropriate, and category set out in Annex I or Annex III, as appropriate),
(ii)identification number of the item (type No) where applicable,
(iii)year of production (if available),
(iv)name and address of the company responsible for evidence of functionality,
(v)result of tests as described in step 1 (including date of the functionality test),
(vi)kind of tests performed.
Commencement Information
I62Sch. 9 para. 3 in force at 1.1.2014, see reg. 1(2)
4. In addition to the documentation requested in paragraphs 1, 2 and 3, every load (e.g. shipping container, lorry) of used EEE shall be accompanied by:U.K.
(a)a relevant transport document, e.g. CMR or waybill;
(b)a declaration by the liable person on its responsibility.
Commencement Information
I63Sch. 9 para. 4 in force at 1.1.2014, see reg. 1(2)
5. In the absence of proof that an object is used EEE and not WEEE through the appropriate documentation required in paragraphs 1, 2, 3 and 4 and of appropriate protection against damage during transportation, loading and unloading in particular through sufficient packaging and appropriate stacking of the load, which are the obligations of the holder who arranges the transport, Member State authorities shall consider that an item is WEEE and presume that the load comprises an illegal shipment. In these circumstances the load will be dealt with in accordance with Articles 24 and 25 of Regulation (EC) No 1013/2006.U.K.
Commencement Information
I64Sch. 9 para. 5 in force at 1.1.2014, see reg. 1(2)
Regulation 55
1. The name of the proposed scheme.U.K.
Commencement Information
I65Sch. 10 para. 1 in force at 1.1.2014, see reg. 1(2)
2. The name of the operator of the proposed scheme.U.K.
Commencement Information
I66Sch. 10 para. 2 in force at 1.1.2014, see reg. 1(2)
3. The address and telephone number [F5and, where available, email address] of the registered office of the operator of the proposed scheme or, if the operator is not registered in the United Kingdom, [F6the address of] the principal place of business and telephone number [F5and, where available, email address] of that operator.U.K.
Textual Amendments
F5Words in Sch. 10 para. 3 inserted (25.12.2015) by The Waste Electrical and Electronic Equipment (Amendment) Regulations 2015 (S.I. 2015/1968), regs. 1, 2(44)(b)
F6Words in Sch. 10 para. 3 inserted (25.12.2015) by The Waste Electrical and Electronic Equipment (Amendment) Regulations 2015 (S.I. 2015/1968), regs. 1, 2(44)(a)
Commencement Information
I67Sch. 10 para. 3 in force at 1.1.2014, see reg. 1(2)
4. Where the operator of the proposed scheme is a partnership, the names of all the partners.U.K.
Commencement Information
I68Sch. 10 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 3.U.K.
Commencement Information
I69Sch. 10 para. 5 in force at 1.1.2014, see reg. 1(2)
6. Confirmation of whether or not the operator of the proposed scheme 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 that such a contravention will not occur in the future.U.K.
Commencement Information
I70Sch. 10 para. 6 in force at 1.1.2014, see reg. 1(2)
7. The nature of the operator of the scheme’s legal personality.U.K.
Commencement Information
I71Sch. 10 para. 7 in force at 1.1.2014, see reg. 1(2)
8. The type of relationship between the operator of the proposed scheme and the scheme members (for example, contractual or partnership).U.K.
Commencement Information
I72Sch. 10 para. 8 in force at 1.1.2014, see reg. 1(2)
9. Details of how membership fees and any other sums payable to the operator of the proposed scheme by the scheme members are to be determined.U.K.
Commencement Information
I73Sch. 10 para. 9 in force at 1.1.2014, see reg. 1(2)
10. Details of any rules or regulations to be observed by the scheme members.U.K.
Commencement Information
I74Sch. 10 para. 10 in force at 1.1.2014, see reg. 1(2)
11. Details of the procedures under which the operator of the proposed scheme would enforce the rules or regulations against a scheme member.U.K.
Commencement Information
I75Sch. 10 para. 11 in force at 1.1.2014, see reg. 1(2)
12. Whether there is a minimum or maximum number of scheme members permitted.U.K.
Commencement Information
I76Sch. 10 para. 12 in force at 1.1.2014, see reg. 1(2)
13. Details of the eligibility criteria for membership of the proposed scheme.U.K.
Commencement Information
I77Sch. 10 para. 13 in force at 1.1.2014, see reg. 1(2)
14. Details of how evidence notes acquired by the operator of the proposed scheme in complying with his obligations under these Regulations will be allocated between scheme members in the event that approval of the proposed scheme is withdrawn under regulation 58.U.K.
Commencement Information
I78Sch. 10 para. 14 in force at 1.1.2014, see reg. 1(2)
15. Details of any arbitration procedure that will apply for the purpose of determining any dispute between scheme members and between scheme members and the operator of the proposed scheme.U.K.
Commencement Information
I79Sch. 10 para. 15 in force at 1.1.2014, see reg. 1(2)
16. Details of the arrangements in place for disseminating important information to scheme members in an accurate and timely manner.U.K.
Commencement Information
I80Sch. 10 para. 16 in force at 1.1.2014, see reg. 1(2)
17. That the rules or regulations of the proposed scheme or scheme provide—U.K.
(a)that a scheme member must apply to join the scheme for a relevant compliance period during which he has commenced putting EEE on the market in the United Kingdom; and
(b)that where a scheme member’s membership of the scheme is cancelled, any such cancellation cannot take effect until the end of the current compliance period.
Commencement Information
I81Sch. 10 para. 17 in force at 1.1.2014, see reg. 1(2)
18. That the proposed scheme or scheme has the necessary resources and systems in place to—U.K.
(a)maintain up to date records of its scheme members, including—
(i)their names and addresses, and
(ii)their EEE producer registration numbers;
(b)handle WEEE from private households, if it proposes to do so, (including collection and transportation to ATFs and funding of treatment, recovery and recycling) in order to discharge the operator of the scheme’s notified obligation under regulation 28 in an appropriate and timely manner;
(c)handle WEEE from users other than private households, if it proposes to do so, (including collection and transportation to ATFs and funding of treatment, recovery and recycling) in order to discharge the operator of the scheme’s obligations under regulation 29 in an appropriate and timely manner;
(d)where a proposed scheme is the subject of an application for approval made under regulation 55, or where a scheme is approved under that regulation for the purposes of regulation 28 , accept return of WEEE from private households free of charge from—
(i)distributors in accordance with regulation 43; and
(ii)final holders in accordance with regulation 52;
(e)keep, update and supply records to the appropriate authority as required under regulation 40 or 41;
(f)supply information to the appropriate authority as required under regulations 35 and 37 or 36 and 38;
(g)submit declarations of compliance and supporting evidence notes as required under regulation 39;
(h)check that the information supplied to it by its scheme members under regulation 18 is as accurate as reasonably possible and that the operator of the scheme’s submission of that information to the appropriate authority will meet a similar standard of accuracy; and
(i)maintain good environmental practices.
Commencement Information
I82Sch. 10 para. 18 in force at 1.1.2014, see reg. 1(2)
19. That the operator of the proposed scheme or scheme [F7must] co-operate with other operators of schemes in relation to developing working relationships with operators of designated collection facilities.U.K.
Textual Amendments
F7Word in Sch. 10 para. 19 substituted (25.7.2014) by virtue of 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(3), Sch. 2 Pt. 2
Commencement Information
I83Sch. 10 para. 19 in force at 1.1.2014, see reg. 1(2)
20. That the operator of the proposed scheme or scheme [F8must] co-operate with operators of designated collection facilities to comply with regulation 53.U.K.
Textual Amendments
F8Word in Sch. 10 para. 20 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(3), Sch. 2 Pt. 2
Commencement Information
I84Sch. 10 para. 20 in force at 1.1.2014, see reg. 1(2)
21. That the operator of the proposed scheme or scheme is likely to be able to meet his expected treatment, recovery and recycling obligations.U.K.
Commencement Information
I85Sch. 10 para. 21 in force at 1.1.2014, see reg. 1(2)
22. That the proposed scheme or scheme is likely to assist in meeting the United Kingdom’s obligations in relation to the recovery of WEEE in respect of which an application for approval is being made or has been granted under regulation 55.U.K.
Commencement Information
I86Sch. 10 para. 22 in force at 1.1.2014, see reg. 1(2)
23. In the event that the operator of the proposed scheme or scheme contravenes any of the obligations placed on him under these Regulations, that it is likely that enforcement proceedings could be taken against the operator of the proposed scheme under these Regulations without a disproportionate cost to the enforcement authority.U.K.
Commencement Information
I87Sch. 10 para. 23 in force at 1.1.2014, see reg. 1(2)
Regulations 61 and 63
1. The name of the operator of the ATF or the exporter.U.K.
Commencement Information
I88Sch. 11 para. 1 in force at 1.1.2014, see reg. 1(2)
2. The registered office address and telephone number [F9and, 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 [F9and, where available email address] in the United Kingdom.U.K.
Textual Amendments
F9Words in Sch. 11 para. 2 inserted (25.12.2015) by The Waste Electrical and Electronic Equipment (Amendment) Regulations 2015 (S.I. 2015/1968), regs. 1, 2(45)(a)
Commencement Information
I89Sch. 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
I90Sch. 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
I91Sch. 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
I92Sch. 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
I93Sch. 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 (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.
Commencement Information
I94Sch. 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
I95Sch. 11 para. 8 in force at 1.1.2014, see reg. 1(2)
[F109. 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
F10Sch. 11 para. 9 substituted (25.12.2015) by The Waste Electrical and Electronic Equipment (Amendment) Regulations 2015 (S.I. 2015/1968), regs. 1, 2(45)(b)
Commencement Information
I96Sch. 11 para. 9 in force at 1.1.2014, see reg. 1(2)
10. An evidence note for reuse as a whole appliance [F11must] 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
F11Word in Sch. 11 Pt. 2 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. 31
Commencement Information
I97Sch. 11 para. 10 in force at 1.1.2014, see reg. 1(2)
11. The amount of WEEE recorded on an evidence note [F11must] be recorded in tonnes but any fraction of a whole tonne [F11must] be recorded in kilograms and such a fraction [F11must] 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
F11Word in Sch. 11 Pt. 2 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. 31
Commencement Information
I98Sch. 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 [F11must] be recorded in tonnes.
Textual Amendments
F11Word in Sch. 11 Pt. 2 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. 31
Commencement Information
I99Sch. 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 [F11must] 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
F11Word in Sch. 11 Pt. 2 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. 31
Commencement Information
I100Sch. 11 para. 13 in force at 1.1.2014, see reg. 1(2)
14. An evidence note [F11must] 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
F11Word in Sch. 11 Pt. 2 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. 31
Commencement Information
I101Sch. 11 para. 14 in force at 1.1.2014, see reg. 1(2)
15. An evidence note [F11must] 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
F11Word in Sch. 11 Pt. 2 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. 31
Commencement Information
I102Sch. 11 para. 15 in force at 1.1.2014, see reg. 1(2)
16. An evidence note for reuse as a whole appliance [F11must] 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
F11Word in Sch. 11 Pt. 2 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. 31
Commencement Information
I103Sch. 11 para. 16 in force at 1.1.2014, see reg. 1(2)
17. An evidence note [F11must] only be issued by an AATF in a format approved by the Secretary of State.U.K.
Textual Amendments
F11Word in Sch. 11 Pt. 2 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. 31
Commencement Information
I104Sch. 11 para. 17 in force at 1.1.2014, see reg. 1(2)
18. An AATF [F11must] not issue an evidence note in relation to non-obligated WEEE.U.K.
Textual Amendments
F11Word in Sch. 11 Pt. 2 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. 31
Commencement Information
I105Sch. 11 para. 18 in force at 1.1.2014, see reg. 1(2)
19. An evidence note [F11must] 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
F11Word in Sch. 11 Pt. 2 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. 31
Commencement Information
I106Sch. 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,
[F11must] 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
F11Word in Sch. 11 Pt. 2 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. 31
Commencement Information
I107Sch. 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
I108Sch. 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 [F11must] 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
F11Word in Sch. 11 Pt. 2 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. 31
Commencement Information
I109Sch. 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 [F11must] 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
F11Word in Sch. 11 Pt. 2 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. 31
Commencement Information
I110Sch. 11 para. 23 in force at 1.1.2016, see reg. 1(3)
Valid from 01/01/2019
24. From 1st January 2019 WEEE treated at the relevant AATF [F11must] meet the following targets—U.K.
(a)for WEEE that falls within categories 1 and 4 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 category 2 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 5 or 6 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 WEEE falling within category 3 at least 80% reuse and recycling of components, materials and substances by the average weight in tonnes of the lamps.
Textual Amendments
F11Word in Sch. 11 Pt. 2 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. 31
Commencement Information
I111Sch. 11 para. 24 in force at 1.1.2019, see reg. 1(4)
25. The operator of the AATF [F11must] comply with the requirements of regulation 66.U.K.
Textual Amendments
F11Word in Sch. 11 Pt. 2 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. 31
Commencement Information
I112Sch. 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
I113Sch. 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
I114Sch. 11 para. 27 in force at 1.1.2014, see reg. 1(2)
[F1228. 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
F12Sch. 11 para. 28 substituted (25.12.2015) by The Waste Electrical and Electronic Equipment (Amendment) Regulations 2015 (S.I. 2015/1968), regs. 1, 2(45)(c)
Commencement Information
I115Sch. 11 para. 28 in force at 1.1.2014, see reg. 1(2)
29. [F13The 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
F13Words in Sch. 11 para. 29 substituted (25.12.2015) by The Waste Electrical and Electronic Equipment (Amendment) Regulations 2015 (S.I. 2015/1968), regs. 1, 2(45)(d)
Commencement Information
I116Sch. 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 [F14must] be recorded in tonnes.
Textual Amendments
F14Word in Sch. 11 para. 30 substituted (25.7.2014) by virtue of 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(3), Sch. 2 Pt. 2
Commencement Information
I117Sch. 11 para. 30 in force at 1.1.2014, see reg. 1(2)
31. Duplicate copies of an evidence note issued under these Regulations [F15must] be retained by an approved exporter and made available for inspection by the appropriate authority at all reasonable times.U.K.
Textual Amendments
F15Word in Sch. 11 para. 31 substituted (25.7.2014) by virtue of 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(3), Sch. 2 Pt. 2
Commencement Information
I118Sch. 11 para. 31 in force at 1.1.2014, see reg. 1(2)
32. An evidence note [F16must] 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
F16Word in Sch. 11 para. 32 substituted (25.7.2014) by virtue of 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(3), Sch. 2 Pt. 2
Commencement Information
I119Sch. 11 para. 32 in force at 1.1.2014, see reg. 1(2)
33. An evidence note [F17must] only be issued by an approved exporter in a format approved by the Secretary of State.U.K.
Textual Amendments
F17Word in Sch. 11 para. 33 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(3), Sch. 2 Pt. 2
Commencement Information
I120Sch. 11 para. 33 in force at 1.1.2014, see reg. 1(2)
34. An evidence note [F18must] 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
F18Word in Sch. 11 para. 34 substituted (25.7.2014) by virtue of 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(3), Sch. 2 Pt. 2
Commencement Information
I121Sch. 11 para. 34 in force at 1.1.2014, see reg. 1(2)
35. An evidence note [F19must] 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
F19Word in Sch. 11 para. 35 substituted (25.7.2014) by virtue of 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(3), Sch. 2 Pt. 2
Commencement Information
I122Sch. 11 para. 35 in force at 1.1.2014, see reg. 1(2)
36. The approved exporter [F20must] comply with the requirements of regulation 66.U.K.
Textual Amendments
F20Word in Sch. 11 para. 36 substituted (25.7.2014) by virtue of 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(3), Sch. 2 Pt. 2
Commencement Information
I123Sch. 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
I124Sch. 11 para. 37 in force at 1.1.2014, see reg. 1(2)
38. The approved exporter [F21must] comply with the requirements of Schedule 9.U.K.
Textual Amendments
F21Word in Sch. 11 para. 38 substituted (25.7.2014) by virtue of 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(3), Sch. 2 Pt. 2
Commencement Information
I125Sch. 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
I126Sch. 11 para. 39 in force at 1.1.2014, see reg. 1(2)
Regulation 70
1. The facility is likely to subsist for at least one compliance period.U.K.
Commencement Information
I127Sch. 12 para. 1 in force at 1.1.2014, see reg. 1(2)
2. That—U.K.
(a)the operator of the collection facility complies with the code of practice; and
(b)the collection facility has the capacity and arrangements in place to collect WEEE in compliance with the code of practice.
Commencement Information
I128Sch. 12 para. 2 in force at 1.1.2014, see reg. 1(2)
3. The operator of the collection facility is willing to work with one or more operator of a scheme to secure the collection and removal of WEEE from a private household that is deposited at the facility during each compliance period.U.K.
Commencement Information
I129Sch. 12 para. 3 in force at 1.1.2014, see reg. 1(2)
4. The operator of the collection facility holds a relevant authorisation.U.K.
Commencement Information
I130Sch. 12 para. 4 in force at 1.1.2014, see reg. 1(2)
F225. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .U.K.
Textual Amendments
F22Sch. 12 para. 5 omitted (25.7.2014) by virtue of 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), 2(16)
Commencement Information
I131Sch. 12 para. 5 in force at 1.1.2014, see reg. 1(2)
F236. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .U.K.
Textual Amendments
F23Sch. 12 para. 6 omitted (25.7.2014) by virtue of 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), 2(16)
Commencement Information
I132Sch. 12 para. 6 in force at 1.1.2014, see reg. 1(2)
Regulation 77
1. The producer’s or authorised representative’s name.U.K.
Commencement Information
I133Sch. 13 para. 1 in force at 1.1.2014, see reg. 1(2)
2. The address of the registered office or, where the producer or authorised representative is not a body corporate registered in the United Kingdom, the address of the principal place of business of that producer or authorised representative.U.K.
Commencement Information
I134Sch. 13 para. 2 in force at 1.1.2014, see reg. 1(2)
3. The telephone number and email address and fax number of the producers registered office.U.K.
Commencement Information
I135Sch. 13 para. 3 in force at 1.1.2014, see reg. 1(2)
4. The F24... EEE producer registration number.U.K.
Textual Amendments
F24Word in Sch. 13 para. 4 omitted (25.12.2015) by virtue of The Waste Electrical and Electronic Equipment (Amendment) Regulations 2015 (S.I. 2015/1968), regs. 1, 2(47)
Commencement Information
I136Sch. 13 para. 4 in force at 1.1.2014, see reg. 1(2)
5. The name of the scheme that the producer or authorised representative has joined indicating whether that producer has joined the scheme for the purposes of discharging his obligations under regulation 11(1) or 12(1) or both.U.K.
Commencement Information
I137Sch. 13 para. 5 in force at 1.1.2014, see reg. 1(2)
6. The name of the operator of that scheme and the address of his registered office if he is a body corporate registered in the United Kingdom or, where he is not a body corporate registered in the United Kingdom, the address of his principal place of business.U.K.
Commencement Information
I138Sch. 13 para. 6 in force at 1.1.2014, see reg. 1(2)
Regulation 84
1.—(1) Where a person wishes to appeal to an appeal body under regulation 83, he [F25must] do so by notice in writing served on that appeal body.U.K.
(2) The notice mentioned in paragraph (1) [F25must] be accompanied by—
(a)a statement of the grounds of appeal;
(b)where the appeal relates to refusal to grant approval under regulation 55 or 61, a copy of the appellant’s application and any supporting documents;
(c)where the appeal relates to refusal to grant an extension of approval under regulation 62, a copy of the appellant’s application and any supporting documents;
(d)where the appeal relates to withdrawal of approval under regulation 58, a copy of the notification of the decision and any supporting documents;
(e)where the appeal relates to suspension or cancellation of approval under regulation 58, a copy of the notification of the decision and any supporting documents;
(f)a copy of any correspondence relevant to the appeal;
(g)a copy of any other document relevant to the appeal; and
(h)a statement indicating whether the appellant wishes the appeal to be in the form of a hearing or to be determined on the basis of written representations.
(3) The appellant [F25must] serve a copy of his notice of appeal on the appropriate authority whose decision is being appealed together with copies of the documents mentioned in sub-paragraph (2).
Textual Amendments
F25Word in Sch. 14 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. 32
Commencement Information
I139Sch. 14 para. 1 in force at 1.1.2014, see reg. 1(2)
2.—(1) Subject to sub-paragraph (2), notice of appeal [F25must] be given before the expiry of the period of two months beginning with the date of the decision that is the subject of the appeal.U.K.
(2) The appeal body may for good reason at any time allow notice of an appeal to be given after the expiry of the period mentioned in sub-paragraph (1).
Textual Amendments
F25Word in Sch. 14 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. 32
Commencement Information
I140Sch. 14 para. 2 in force at 1.1.2014, see reg. 1(2)
3. Where under regulation 84(2) the appeal is by way of a hearing, the person hearing the appeal [F25must], unless he has been appointed to determine an appeal under regulation 84(1)(a), make a written report to the appeal body that appointed him under regulation 84(1)(b) which [F25must] include his conclusions and recommendations or his reasons for not making any recommendations.U.K.
Textual Amendments
F25Word in Sch. 14 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. 32
Commencement Information
I141Sch. 14 para. 3 in force at 1.1.2014, see reg. 1(2)
4.—(1) The appeal body or other person determining an appeal [F25must] notify the appellant in writing of its or his decision and of the reasons for that decision.U.K.
(2) If the appeal body determines an appeal after a hearing under regulation 84(2), he or they [F25must] provide the appellant with a copy of any report made to it under paragraph 3.
(3) The appeal body or other person determining an appeal [F25must], at the same time as notifying the appellant of its or his decision, send the appropriate authority a copy of any document sent to the appellant under this paragraph.
Textual Amendments
F25Word in Sch. 14 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. 32
Commencement Information
I142Sch. 14 para. 4 in force at 1.1.2014, see reg. 1(2)
OJ No L 312, 22.11.2008, p.3.