The Waste Electrical and Electronic Equipment (Amendment) Regulations 2015

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations amend the Waste Electrical and Electronic Equipment Regulations 2013 (S.I. 2013/3113) (the “WEEE Regulations”). The WEEE Regulations implement Directive 2012/19/EU of the European Parliament and of the Council of 4th July 2012 on waste electrical and electronic equipment (OJ No L 197, 24.07.2012, p.38).

Regulation 2 amends the definitions of “appropriate authority”, “evidence note” and “very small EEE” in the WEEE Regulations to clarify the meaning of these terms. Regulation 4 of the WEEE Regulations is amended to allow service of documents by electronic means. Minor drafting amendments and further clarification is made to the following regulations of the WEEE Regulations: regulation 11 (Financing: WEEE from private households); regulation 14 (Obligation to join a scheme); regulation 16 (Application to register as a small producer); regulation 17 (Small producers: Conditions of registration); regulation 18 (Information provided to operators of schemes); regulation 20(Record keeping); regulation 21 (Declaration of EEE producer registration number); regulation 26 (Application to register producers and authorised representatives)m regulation 27 (Notification of a new scheme member); regulation 28 (Financing: WEEE from private households); regulation 33 (Payment of a compliance fee); regulation 34 (Collection arrangements); regulation 35 (Reporting: WEEE during the transitional period); regulation 36 (Reporting: WEEE from 1st January 2019); regulation 37 (Reporting: EEE placed on the market during the transitional period); regulation 38 (Reporting: EEE placed on the market from 1st January 2019); regulation 51 (Prohibition on showing the costs of financing the collection, treatment and environmentally sound disposal of WEEE from private households); regulation 52 (Final holder right of return: WEEE from private households); regulation 53 (Notification of an intention to retain WEEE falling within certain WEEE streams); regulation 55 (Application for approval of a proposed scheme); regulation 57 (Conditions of approval); regulation 58 (Withdrawal of approval of a scheme); regulation 59 (charges); regulation 60 (Requirement for approval); regulation 61 (Application for approval); regulation 62 (Application for extension of approval of an exporter to an additional site); regulation 66 (Reporting); regulation 67 (Record keeping); regulation 68 (Distributor take back scheme); regulation 75 (Duties of the appropriate authority in relation to registration of small producers); regulation 77 (Registration of producers and authorised representatives); regulation 78 (Monitoring); regulation 87 (enforcement); Schedule 5 (First compliance period); Schedule 8; Schedule 11 (Approval of authorised treatment facilities and exporters); Schedule 12 (Criteria for approval as a designated collection facility; Schedule 13 (Public register).

Regulation 2 also inserts a new regulation 27A into the WEEE Regulations. This regulation provides that where a member of a scheme goes into liquidation or receivership or enters administration, the scheme ceases to have obligations under regulation 28(1) or 29(1) in relation to that scheme member. A new regulation 58A is also inserted allowing the operator of a scheme to request the appropriate authority to withdraw their approval as an operator of a scheme.

An impact assessment has not been produced for this instrument as it has no or minimal impact on business, charities or voluntary bodies. A copy of the Explanatory Memorandum is published alongside the Regulations on www.legislation.gov.uk. Further information is available from the Department for Business, Innovation and Skills, 1 Victoria Street, London SW1H 0ET and on the gov.uk website (www.gov.uk).