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).