The Waste Electrical and Electronic Equipment Regulations 2013

SCHEDULES

Regulation 5

SCHEDULE 1 U.K. Categories of EEE covered by these Regulations during the transitional period

Commencement Information

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

1)

LARGE HOUSEHOLD APPLIANCES

2)

SMALL HOUSEHOLD APPLIANCES

3)

IT AND TELECOMMUNICATIONS EQUIPMENT

4)

CONSUMER EQUIPMENT AND PHOTOVOLTAIC PANELS

5)

LIGHTING EQUIPMENT

6)

ELECTRICAL AND ELECTRONIC TOOLS (WITH THE EXCEPTION OF LARGE-SCALE STATIONARY INDUSTRIAL TOOLS)

7)

TOYS, LEISURE AND SPORTS EQUIPMENT

8)

MEDICAL DEVICES (WITH THE EXCEPTION OF ALL IMPLANTED AND INFECTED PRODUCTS)

9)

MONITORING AND CONTROL INSTRUMENTS

10)

AUTOMATIC DISPENSERS

Regulation 5

SCHEDULE 2 U.K. Indicative list of types of EEE which fall under the categories in  Schedule 1

Commencement Information

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

1)

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

2)

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

3)

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

4)

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

5)

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

6)

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

7)

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

8)

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

9)

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)

10)

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(2)

[F1 SCHEDULE 3 U.K. Categories of EEE applying from 1st January 2019

Textual Amendments

F1 Sch. 3 substituted (1.1.2019) by The Waste Electrical and Electronic Equipment (Amendment) (No. 2) Regulations 2018 (S.I. 2018/1214), regs. 1, 26

1.   Large household appliances U.K.

2.   Small household appliances U.K.

3.   IT and telecommunications equipment U.K.

4.   Consumer equipment and photovoltaic panels U.K.

5.   Lighting equipment U.K.

6.   Electrical and electronic tools (with the exception of large-scale stationary industrial tools) U.K.

7.   Toys, leisure and sports equipment U.K.

8.   Medical devices (with the exception of all devices that are expected to be infective prior to end of life and active implantable medical devices) U.K.

9.   Monitoring and control instruments U.K.

10.   Automatic dispensers.] U.K.

Regulation 6(3)

[F2 SCHEDULE 4 U.K. Non-exhaustive list of types of EEE which fall within the categories set out in Schedule 3

Textual Amendments

F2 Sch. 4 substituted (1.1.2019) by The Waste Electrical and Electronic Equipment (Amendment) (No. 2) Regulations 2018 (S.I. 2018/1214), regs. 1, 27

1. 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
2. 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
3. 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
4 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 other than by telecommunications
Photovoltaic panels
5. LIGHTING EQUIPMENT
Luminaires for fluorescent lamps
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
6. 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
7. 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
8. 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
9. 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)
10. 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 9

SCHEDULE 5 U.K. First compliance period

1.  The following amendments apply in relation to the first compliance period. U.K.

Commencement Information

I3 Sch. 5 para. 1 in force at 1.1.2014, see reg. 1(2)

Record Keeping U.K.

[F3 2.   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

F3 Sch. 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

I4 Sch. 5 para. 2 in force at 1.1.2014, see reg. 1(2)

Take back: Application to use existing collection facilities U.K.

3.  For regulation [F4 69(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

F4 Word 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

I5 Sch. 5 para. 3 in force at 1.1.2014, see reg. 1(2)

Regulation 22

SCHEDULE 6 U.K. Crossed out wheeled bin symbol

Commencement Information

I6 Sch. 6 in force at 1.1.2014, see reg. 1(2)

Regulations19 and 39

SCHEDULE 7 U.K. Declaration of compliance

PART 1 U.K. Information to be included in a declaration of compliance by a producer or authorised representative

1.  The name and address of the producer or authorised representative in respect of whom the declaration is issued. U.K.

Commencement Information

I7 Sch. 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

I8 Sch. 7 para. 2 in force at 1.1.2014, see reg. 1(2)

3.  The date of the declaration. U.K.

Commencement Information

I9 Sch. 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

I10 Sch. 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

I11 Sch. 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, F5 ...— U.K.

(a) [F6 a declaration that] the obligations under regulation 12(1)—

(i) have been met, or

(ii) have not been met;

(b) [F7 a declaration of] 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;

[F8 (c) from 1st January 2019, a declaration of 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 following categories—

(i) the categories listed in Schedule 3 (excluding display equipment, appliances containing refrigerants, gas discharge lamps and 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.]

Textual Amendments

F5 Words in Sch. 7 para. 6 omitted (1.1.2019) by virtue of The Waste Electrical and Electronic Equipment (Amendment) (No. 2) Regulations 2018 (S.I. 2018/1214), regs. 1, 28(1)(a)

F6 Words in Sch. 7 para. 6(a) inserted (1.1.2019) by The Waste Electrical and Electronic Equipment (Amendment) (No. 2) Regulations 2018 (S.I. 2018/1214), regs. 1, 28(1)(b)

F7 Words in Sch. 7 para. 6(b) inserted (1.1.2019) by The Waste Electrical and Electronic Equipment (Amendment) (No. 2) Regulations 2018 (S.I. 2018/1214), regs. 1, 28(1)(c)

F8 Sch. 7 para. 6(c) substituted (1.1.2019) by The Waste Electrical and Electronic Equipment (Amendment) (No. 2) Regulations 2018 (S.I. 2018/1214), regs. 1, 28(1)(d)

Commencement Information

I12 Sch. 7 para. 6(a)(b) in force at 1.1.2014, see reg. 1(2)

I13 Sch. 7 para. 6(c) in force at 1.1.2019, see reg. 1(4)

PART 2 U.K. Information to be included in a declaration of compliance by an operator of a scheme

7.  The name and address of the operator of the scheme in respect of which the declaration is issued. U.K.

Commencement Information

I14 Sch. 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

I15 Sch. 7 para. 8 in force at 1.1.2014, see reg. 1(2)

9.  The date of the declaration. U.K.

Commencement Information

I16 Sch. 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

I17 Sch. 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

I18 Sch. 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, F9 ...— U.K.

(a) [F10 a declaration that] the obligations under regulation 29—

(i) have been met, or

(ii) have not been met;

(b) [F11 a declaration of] 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;

[F12 (c) from 1st January 2019, a declaration of the amount of tonnes in 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 each of the following categories—

(i) the categories listed in Schedule 3 (excluding display equipment, appliances containing refrigerants, gas discharge lamps and 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.]

Textual Amendments

F9 Words in Sch. 7 para. 12 omitted (1.1.2019) by virtue of The Waste Electrical and Electronic Equipment (Amendment) (No. 2) Regulations 2018 (S.I. 2018/1214), regs. 1, 28(2)(a)

F10 Words in Sch. 7 para. 12(a) inserted (1.1.2019) by The Waste Electrical and Electronic Equipment (Amendment) (No. 2) Regulations 2018 (S.I. 2018/1214), regs. 1, 28(2)(b)

F11 Words in Sch. 7 para. 12(b) inserted (1.1.2019) by The Waste Electrical and Electronic Equipment (Amendment) (No. 2) Regulations 2018 (S.I. 2018/1214), regs. 1, 28(2)(c)

F12 Sch. 7 para. 12(c) substituted (1.1.2019) by The Waste Electrical and Electronic Equipment (Amendment) (No. 2) Regulations 2018 (S.I. 2018/1214), regs. 1, 28(2)(d)

Commencement Information

I19 Sch. 7 para. 12 in force at 1.1.2014, see reg. 1(2)

Regulations 26 and 27

SCHEDULE 8 U.K.

PART 1 U.K. Information to be included in an application for registration of producers or authorised representatives and notification of new scheme members

1.  The compliance period in respect of which the application for registration or notification is being made. U.K.

Commencement Information

I20 Sch. 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

I21 Sch. 8 para. 2 in force at 1.1.2014, see reg. 1(2)

3.  The name of the scheme. U.K.

Commencement Information

I22 Sch. 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

I23 Sch. 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

I24 Sch. 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

I25 Sch. 8 para. 6 in force at 1.1.2014, see reg. 1(2)

7.  The national identification code of the producer, including the F13 ...national tax number of the producer. U.K.

Textual Amendments

F13 Words in Sch. 8 para. 7 omitted (31.12.2020) by virtue of The Waste (Miscellaneous Amendments) (EU Exit) (No. 2) Regulations 2019 (S.I. 2019/188), regs. 1(2)(b), 19(11)(a) (as amended by S.I. 2020/1540, regs. 1(2), 11(2)); 2020 c. 1, Sch. 5 para. 1(1)

Commencement Information

I26 Sch. 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

I27 Sch. 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

I28 Sch. 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

I29 Sch. 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

I30 Sch. 8 para. 11 in force at 1.1.2014, see reg. 1(2)

12.  The selling technique used. U.K.

Commencement Information

I31 Sch. 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

I32 Sch. 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

I33 Sch. 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

I34 Sch. 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

I35 Sch. 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

I36 Sch. 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

I37 Sch. 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

I38 Sch. 8 para. 19 in force at 1.1.2014, see reg. 1(2)

[F14 19A.   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

F14 Sch. 8 para. 19A inserted (25.12.2015) by The Waste Electrical and Electronic Equipment (Amendment) Regulations 2015 (S.I. 2015/1968), regs. 1, 2(41)

PART 2 U.K. Reporting information to be supplied by a producer or authorised representative during the transitional period

20.  The national identification code of the producer. U.K.

Commencement Information

I39 Sch. 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

I40 Sch. 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

I41 Sch. 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

I42 Sch. 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

I43 Sch. 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

I44 Sch. 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 [F15 WEEE] 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 [F16 the United Kingdom]; or

(d) shipped to [F17 a destination outside the United Kingdom].

Textual Amendments

F15 Word 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)

F16 Words in Sch. 8 para. 26(c) substituted (31.12.2020) by The Waste (Miscellaneous Amendments) (EU Exit) (No. 2) Regulations 2019 (S.I. 2019/188), regs. 1(2)(b), 19(11)(b)(i) (as amended by S.I. 2020/1540, regs. 1(2), 11(2)); 2020 c. 1, Sch. 5 para. 1(1)

F17 Words in Sch. 8 para. 26(d) substituted (31.12.2020) by The Waste (Miscellaneous Amendments) (EU Exit) (No. 2) Regulations 2019 (S.I. 2019/188), regs. 1(2)(b), 19(11)(b)(ii) (as amended by S.I. 2020/1540, regs. 1(2), 11(2)); 2020 c. 1, Sch. 5 para. 1(1)

Commencement Information

I45 Sch. 8 para. 26 in force at 1.1.2014, see reg. 1(2)

PART 3 U.K. Reporting information to be supplied by a producer or authorised representative from 1st January 2019

27.  The national identification code of the producer. U.K.

Commencement Information

I46 Sch. 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

I47 Sch. 8 para. 28 in force at 1.1.2019, see reg. 1(4)

[F18 29.   The amount of EEE by reference to each of the following categories— U.K.

(a) the categories listed in Schedule 3 (excluding display equipment, appliances containing refrigerants, gas discharge lamps and 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.]

Textual Amendments

F18 Sch. 8 para. 29 substituted (1.1.2019) by The Waste Electrical and Electronic Equipment (Amendment) (No. 2) Regulations 2018 (S.I. 2018/1214), regs. 1, 29

Commencement Information

I48 Sch. 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

I49 Sch. 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 [F19 WEEE] that has, during the compliance period referred to in paragraph [F20 28], been— U.K.

(a) separately collected;

(b) recycled (including prepared for re-use);

(c) recovered and disposed of within [F21 the United Kingdom]; or

(d) shipped to [F22 a destination outside the United Kingdom].

Textual Amendments

F19 Word in Sch. 8 para. 31 substituted (25.12.2015) by The Waste Electrical and Electronic Equipment (Amendment) Regulations 2015 (S.I. 2015/1968), regs. 1, 2(43)(b)(i)

F20 Word in Sch. 8 para. 31 substituted (25.12.2015) by The Waste Electrical and Electronic Equipment (Amendment) Regulations 2015 (S.I. 2015/1968), regs. 1, 2(43)(b)(ii)

F21 Words in Sch. 8 para. 31(c) substituted (31.12.2020) by The Waste (Miscellaneous Amendments) (EU Exit) (No. 2) Regulations 2019 (S.I. 2019/188), regs. 1(2)(b), 19(11)(b)(i) (as amended by S.I. 2020/1540, regs. 1(2), 11(2)); 2020 c. 1, Sch. 5 para. 1(1)

F22 Words in Sch. 8 para. 31(d) substituted (31.12.2020) by The Waste (Miscellaneous Amendments) (EU Exit) (No. 2) Regulations 2019 (S.I. 2019/188), regs. 1(2)(b), 19(11)(b)(ii) (as amended by S.I. 2020/1540, regs. 1(2), 11(2)); 2020 c. 1, Sch. 5 para. 1(1)

Commencement Information

I50 Sch. 8 para. 31 in force at 1.1.2019, see reg. 1(4)

PART 4 U.K. Requirements for registration as a small producer

32.  The date of the application for registration. U.K.

Commencement Information

I51 Sch. 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

I52 Sch. 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

I53 Sch. 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

I54 Sch. 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

I55 Sch. 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

I56 Sch. 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

I57 Sch. 8 para. 38 in force at 1.1.2014, see reg. 1(2)

Regulation 34A(10)

[F23 SCHEDULE 8A U.K. Approval of a PBS

Textual Amendments

F23 Sch. 8A inserted (1.1.2019) by The Waste Electrical and Electronic Equipment (Amendment) (No. 2) Regulations 2018 (S.I. 2018/1214), regs. 1, 30

PART 1 U.K. Information to be included in a proposal for a PBS

1.   The name of the PBS. U.K.

2.   The name of the operator or proposed operator of the PBS. U.K.

3.   The address, telephone number and email address of the operator or proposed operator of the PBS. U.K.

4.   Where the operator or proposed operator of the PBS is a registered company, the address of the registered office of the company. U.K.

5.   Where the operator or proposed operator of the PBS is a partnership, the names and addresses of all the partners. U.K.

6.   Confirmation of whether or not any person who is the operator or a director of or, as the case may be, a partner in the operator or proposed operator of the PBS 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.

7.   The estimated cost of setting up (in the case of a proposed PBS) and administering the PBS. U.K.

8.   Qualifications and relevant experience of the operator or proposed operator of the PBS, any person who is a director of or a partner in the operator or proposed operator and any staff. U.K.

9.   In the case of a proposal under regulation 34A(6)(b)(i), details of the proposed transitional arrangements for transferring functions in relation to requirements to take action under regulation 34 from the previously approved PBS to the newly approved PBS. U.K.

PART 2 U.K. PBS Requirements

10.   That the rules of the PBS provide for the operator to arrange for the fulfilment by one or more of its participating schemes, in accordance with the requirements of regulation 34 and on the basis either of a one-off collection or of an ongoing service for a minimum of 6 months, of any requirement to take action under regulation 34(1) referred to it by a scheme operator. U.K.

11.   That the rules of the PBS provide that the costs of fulfilling, in accordance with paragraph 10, any requirement under regulation 34(1) referred to it by a scheme operator, will be shared between all the participating schemes on a market share basis. U.K.

12.   That the rules of the PBS provide for termination in the event that the approval of the PBS is withdrawn under regulation 34A(9) and make appropriate provision for completion of pending obligations and for payment of sums arising under the PBS in the event of such termination. U.K.

13.   In the case of a PBS approved under regulation 34A(6)(b)(i), that the Secretary of State is satisfied that the proposed transitional arrangements, details of which have been given in accordance with paragraph 9, are adequate to ensure that requirements to take action under regulation 34 are dealt with satisfactorily during the period covered by such arrangements. U.K.

14.   That the Secretary of State is satisfied that the PBS will be compliant with the code of practice in so far as it relates to regulation 34 requirements. U.K.

15.   That the Secretary of State is satisfied that the operator or proposed operator of the PBS will have the necessary experience and resources and systems in place to— U.K.

(a) arrange for the fulfilment of any requirement to take action under regulation 34(1) referred to the PBS as mentioned in paragraph 10;

(b) share information in such a way as to maintain commercial confidentiality;

(c) enforce obligations of the participating schemes under the PBS.

16.   That the Secretary of State is satisfied that the PBS will comply with all relevant legislation, including competition law. U.K.

17.   In this Schedule— U.K.

(a) “scheme operator” has the same meaning as in regulation 34;

(b) “market share” means A/B, where “A” and “B” have the same meanings as in regulation 28]

Regulation 54

SCHEDULE 9 U.K. Minimum requirements for shipments of used EEE suspected to be WEEE

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, [F24 the holder must] 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) [F25 , as read with Articles 5 and 6 of that Directive ]; and

(d) appropriate protection against damage during transportation, loading and unloading in particular through sufficient packaging and appropriate stacking of the load.

Textual Amendments

F24 Words in Sch. 9 para. 1 substituted (31.12.2020) by The Waste (Miscellaneous Amendments) (EU Exit) (No. 2) Regulations 2019 (S.I. 2019/188), regs. 1(2)(b), 19(12)(a)(i) (as amended by S.I. 2020/1540, regs. 1(2), 11(2)); 2020 c. 1, Sch. 5 para. 1(1)

F25 Words in Sch. 9 para. 1(c) inserted (31.12.2020) by The Waste (Miscellaneous Amendments) (EU Exit) (No. 2) Regulations 2019 (S.I. 2019/188), regs. 1(2)(b), 19(12)(a)(ii) (as amended by S.I. 2020/1540, regs. 1(2), 11(2)); 2020 c. 1, Sch. 5 para. 1(1)

Commencement Information

I58 Sch. 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

I59 Sch. 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 [F26 the appropriate authority] 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 [F27 Schedule 2 or Schedule 4, as appropriate, and category set out in Schedule 1 or Schedule 2], 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.

Textual Amendments

F26 Words in Sch. 9 para. 3 substituted (31.12.2020) by The Waste (Miscellaneous Amendments) (EU Exit) (No. 2) Regulations 2019 (S.I. 2019/188), regs. 1(2)(b), 19(12)(b)(i) (as amended by S.I. 2020/1540, regs. 1(2), 11(2)); 2020 c. 1, Sch. 5 para. 1(1)

F27 Words in Sch. 9 para. 3(d)(i) substituted (31.12.2020) by The Waste (Miscellaneous Amendments) (EU Exit) (No. 2) Regulations 2019 (S.I. 2019/188), regs. 1(2)(b), 19(12)(b)(ii) (as amended by S.I. 2020/1540, regs. 1(2), 11(2)); 2020 c. 1, Sch. 5 para. 1(1)

Commencement Information

I60 Sch. 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

I61 Sch. 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, [F28 the appropriate authority] 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.

Textual Amendments

F28 Words in Sch. 9 para. 5 substituted (31.12.2020) by The Waste (Miscellaneous Amendments) (EU Exit) (No. 2) Regulations 2019 (S.I. 2019/188), regs. 1(2)(b), 19(12)(c) (as amended by S.I. 2020/1540, regs. 1(2), 11(2)); 2020 c. 1, Sch. 5 para. 1(1)

Commencement Information

I62 Sch. 9 para. 5 in force at 1.1.2014, see reg. 1(2)

Regulation 55

SCHEDULE 10 U.K. Approval of proposed schemes and schemes

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

1.  The name of the proposed scheme. U.K.

Commencement Information

I63 Sch. 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

I64 Sch. 10 para. 2 in force at 1.1.2014, see reg. 1(2)

3.  The address and telephone number [F29 and, 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, [F30 the address of] the principal place of business and telephone number [F29 and, where available, email address] of that operator. U.K.

Textual Amendments

F29 Words 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)

F30 Words 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

I65 Sch. 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

I66 Sch. 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

I67 Sch. 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

I68 Sch. 10 para. 6 in force at 1.1.2014, see reg. 1(2)

PART 2 U.K. Information to be included in the constitution

7.  The nature of the operator of the scheme’s legal personality. U.K.

Commencement Information

I69 Sch. 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

I70 Sch. 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

I71 Sch. 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

I72 Sch. 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

I73 Sch. 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

I74 Sch. 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

I75 Sch. 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

I76 Sch. 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

I77 Sch. 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

I78 Sch. 10 para. 16 in force at 1.1.2014, see reg. 1(2)

PART 3 U.K. Requirements for approval of a proposed scheme and for continued approval of a scheme

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

I79 Sch. 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

I80 Sch. 10 para. 18 in force at 1.1.2014, see reg. 1(2)

19.  That the operator of the proposed scheme or scheme [F31 must] co-operate with other operators of schemes in relation to developing working relationships with operators of designated collection facilities. U.K.

Textual Amendments

F31 Word 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

I81 Sch. 10 para. 19 in force at 1.1.2014, see reg. 1(2)

[F32 19A.   That the proposed scheme or scheme, if it has been approved under regulation 55 for the purposes of regulation 28, complies with the requirement under regulation 34B to join a PBS.] U.K.

Textual Amendments

F32 Sch. 10 para. 19A inserted (1.1.2019) by The Waste Electrical and Electronic Equipment (Amendment) (No. 2) Regulations 2018 (S.I. 2018/1214), regs. 1, 31

20.  That the operator of the proposed scheme or scheme [F33 must] co-operate with operators of designated collection facilities to comply with regulation 53. U.K.

Textual Amendments

F33 Word 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

I82 Sch. 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

I83 Sch. 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

I84 Sch. 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

I85 Sch. 10 para. 23 in force at 1.1.2014, see reg. 1(2)

Regulations 61 and 63

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

PART 1 U.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

I86 Sch. 11 para. 1 in force at 1.1.2014, see reg. 1(2)

2.  The registered office address and telephone number [F34 and, 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 [F34 and, where available email address] in the United Kingdom. U.K.

Textual Amendments

F34 Words 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

I87 Sch. 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

I88 Sch. 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

I89 Sch. 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

I90 Sch. 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

I91 Sch. 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 [F35 or, 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

F35 Words in Sch. 11 para. 7(b)(i)(aa) inserted (1.1.2019) by The Waste Electrical and Electronic Equipment (Amendment) (No. 2) Regulations 2018 (S.I. 2018/1214), regs. 1, 32(1)

Commencement Information

I92 Sch. 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

I93 Sch. 11 para. 8 in force at 1.1.2014, see reg. 1(2)

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

[F36 9.   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

F36 Sch. 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

I94 Sch. 11 para. 9 in force at 1.1.2014, see reg. 1(2)

10.  An evidence note for reuse as a whole appliance [F37 must] 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

F37 Word 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

I95 Sch. 11 para. 10 in force at 1.1.2014, see reg. 1(2)

11.  The amount of WEEE recorded on an evidence note [F37 must] be recorded in tonnes but any fraction of a whole tonne [F37 must] be recorded in kilograms and such a fraction [F37 must] 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

F37 Word 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

I96 Sch. 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 [F37 must] be recorded in tonnes.

Textual Amendments

F37 Word 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

I97 Sch. 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 [F37 must] 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

F37 Word 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

I98 Sch. 11 para. 13 in force at 1.1.2014, see reg. 1(2)

14.  An evidence note [F37 must] 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

F37 Word 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

I99 Sch. 11 para. 14 in force at 1.1.2014, see reg. 1(2)

15.  An evidence note [F37 must] 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

F37 Word 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

I100 Sch. 11 para. 15 in force at 1.1.2014, see reg. 1(2)

16.  An evidence note for reuse as a whole appliance [F37 must] 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

F37 Word 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

I101 Sch. 11 para. 16 in force at 1.1.2014, see reg. 1(2)

17.  An evidence note [F37 must] only be issued by an AATF in a format approved by the Secretary of State. U.K.

Textual Amendments

F37 Word 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

I102 Sch. 11 para. 17 in force at 1.1.2014, see reg. 1(2)

18.  An AATF [F37 must] not issue an evidence note in relation to non-obligated WEEE. U.K.

Textual Amendments

F37 Word 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

I103 Sch. 11 para. 18 in force at 1.1.2014, see reg. 1(2)

19.  An evidence note [F37 must] 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

F37 Word 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

I104 Sch. 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,

[F37 must] 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

F37 Word 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

I105 Sch. 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

I106 Sch. 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 [F37 must] 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

F37 Word 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

I107 Sch. 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 [F37 must] 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

F37 Word 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

I108 Sch. 11 para. 23 in force at 1.1.2016, see reg. 1(3)

[F38 24.   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

F38 Sch. 11 para. 24 substituted (25.7.2014) by The Waste Electrical and Electronic Equipment (Amendment) (No. 2) Regulations 2018 (S.I. 2018/1214), regs. 1, 32(2)

Commencement Information

I109 Sch. 11 para. 24 in force at 1.1.2019, see reg. 1(4)

25.  The operator of the AATF [F37 must] comply with the requirements of regulation 66. U.K.

Textual Amendments

F37 Word 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

I110 Sch. 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

I111 Sch. 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

I112 Sch. 11 para. 27 in force at 1.1.2014, see reg. 1(2)

PART 3 U.K. Conditions of approval of exporters

[F39 28.   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

F39 Sch. 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

I113 Sch. 11 para. 28 in force at 1.1.2014, see reg. 1(2)

29.   [F40 The 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

F40 Words 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

I114 Sch. 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 [F41 must] be recorded in tonnes.

Textual Amendments

F41 Word 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

I115 Sch. 11 para. 30 in force at 1.1.2014, see reg. 1(2)

31.  Duplicate copies of an evidence note issued under these Regulations [F42 must] be retained by an approved exporter and made available for inspection by the appropriate authority at all reasonable times. U.K.

Textual Amendments

F42 Word 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

I116 Sch. 11 para. 31 in force at 1.1.2014, see reg. 1(2)

32.  An evidence note [F43 must] 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

F43 Word 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

I117 Sch. 11 para. 32 in force at 1.1.2014, see reg. 1(2)

33.  An evidence note [F44 must] only be issued by an approved exporter in a format approved by the Secretary of State. U.K.

Textual Amendments

F44 Word 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

I118 Sch. 11 para. 33 in force at 1.1.2014, see reg. 1(2)

34.  An evidence note [F45 must] 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

F45 Word 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

I119 Sch. 11 para. 34 in force at 1.1.2014, see reg. 1(2)

35.  An evidence note [F46 must] 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

F46 Word 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

I120 Sch. 11 para. 35 in force at 1.1.2014, see reg. 1(2)

36.  The approved exporter [F47 must] comply with the requirements of regulation 66. U.K.

Textual Amendments

F47 Word 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

I121 Sch. 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

I122 Sch. 11 para. 37 in force at 1.1.2014, see reg. 1(2)

38.  The approved exporter [F48 must] comply with the requirements of Schedule 9. U.K.

Textual Amendments

F48 Word 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

I123 Sch. 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

I124 Sch. 11 para. 39 in force at 1.1.2014, see reg. 1(2)

Regulation 70

SCHEDULE 12 U.K. Criteria for approval as a designated collection facility

1.  The facility is likely to subsist for at least one compliance period. U.K.

Commencement Information

I125 Sch. 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

I126 Sch. 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

I127 Sch. 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

I128 Sch. 12 para. 4 in force at 1.1.2014, see reg. 1(2)

F49 5.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . U.K.

Textual Amendments

F49 Sch. 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

I129 Sch. 12 para. 5 in force at 1.1.2014, see reg. 1(2)

F50 6.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . U.K.

Textual Amendments

F50 Sch. 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

I130 Sch. 12 para. 6 in force at 1.1.2014, see reg. 1(2)

Regulation 77

SCHEDULE 13 U.K. Public register

1.  The producer’s or authorised representative’s name. U.K.

Commencement Information

I131 Sch. 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

I132 Sch. 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

I133 Sch. 13 para. 3 in force at 1.1.2014, see reg. 1(2)

4.  The F51 ... EEE producer registration number. U.K.

Textual Amendments

F51 Word 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

I134 Sch. 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

I135 Sch. 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

I136 Sch. 13 para. 6 in force at 1.1.2014, see reg. 1(2)

Regulation 84

SCHEDULE 14 U.K. Procedure of appeals

1.—(1) Where a person wishes to appeal to an appeal body under regulation 83, he [F52 must] do so by notice in writing served on that appeal body. U.K.

(2) The notice mentioned in paragraph (1) [F52 must] 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 [F52 must] 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

F52 Word 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

I137 Sch. 14 para. 1 in force at 1.1.2014, see reg. 1(2)

2.—(1) Subject to sub-paragraph (2), notice of appeal [F52 must] 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

F52 Word 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

I138 Sch. 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 [F52 must], 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 [F52 must] include his conclusions and recommendations or his reasons for not making any recommendations. U.K.

Textual Amendments

F52 Word 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

I139 Sch. 14 para. 3 in force at 1.1.2014, see reg. 1(2)

4.—(1) The appeal body or other person determining an appeal [F52 must] 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 [F52 must] 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 [F52 must], 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

F52 Word 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

I140 Sch. 14 para. 4 in force at 1.1.2014, see reg. 1(2)

(1)

OJ No L 312, 22.11.2008, p.3.