The Waste Electrical and Electronic Equipment Regulations 2013

Made: 7th December 2013

Laid before Parliament: 10th December 2013

Coming into force in accordance with regulation 1(2) to (4)

The Secretary of State, in exercise of the powers conferred on him by section 2(2) of that Act, makes the following Regulations.

PART 1 — GENERAL

Citation, commencement and extent

1

• (1) These Regulations may be cited as the Waste Electrical and Electronic Equipment Regulations 2013.

• (2) Subject to paragraphs (3), (4) and (5) these Regulations shall come into force on 1st January 2014.

• (3) Regulation 66(6) and Schedule 11, Part 2, paragraph 23 shall come into force on 1st January 2016.

• (4) Regulations 6, 11(11)(a)(ii), 11(13)(b), 17(1)(d)(ii), 20(2) 28(8)(a)(ii), 28(10)(b), 36, 38, 41, 57(g)(ii), 58(3)(c)(ii), 66(7) and (8), schedule 7, Part 1, paragraph 6(c), schedule 8 Part 3 and schedule 11, Part 2, paragraph 24 shall come into force on 1st January 2019.

• (5) Regulations 59, 65 and 94 do not extend to Northern Ireland.

Interpretation

2

• (1) In these Regulations—

• “the Directive” means Directive 2012/19/EU of the European Parliament and of the Council on waste electrical and electronic equipment (WEEE), as last amended by Directive (EU) 2018/849 , as read in accordance with regulation 2A;

• “the Waste Directive” means Directive 2008/98/EC of the European Parliament and of the Council on waste , as last amended by Directive (EU) 2018/851 and as read in accordance with regulation 2B ;

• “AATF” means an approved authorised treatment facility;

• ...

• “active implantable medical device” means an active implantable medical device within the meaning of regulation 2(1) of the Medical Devices Regulations 2002 which are EEE;

• “appliances containing refrigerants” means—large cooling appliances;refrigerators;freezers; andother large appliances for refrigeration, conservation and storage of foodthat fall within category 1 of Schedule 1;

• “approved authorised treatment facility” means an authorised treatment facility which is approved under regulation 61;

• “approved exporter” means an exporter who is approved under regulation 61;

• “appropriate authority” means—for the purposes of any provision of these Regulations relating to the exercise of the functions of the appropriate authority in England, the Environment Agency;for the purposes of any provision of these Regulations relating to the exercise of the functions of the appropriate body in Wales, the Natural Resources Body for Wales;for the purposes of any provision of these Regulations relating to the exercise of the functions of the appropriate authority in Scotland, SEPA;for the purposes of any provision of these Regulations relating to the exercise of the functions of the appropriate authority in Northern Ireland, the Department of Agriculture, Environment and Rural Affairs;... subject to sub-paragraph (fa), for the purposes of Part 3 relating to the obligations of a producer—where the producer’s registered office or, if the producer does not have a registered office, their principal place of business of business is in England, the Environment Agency;where the producer’s registered office or, if the producer does not have a registered office, their principal place of business of business is in Wales, the Natural Resources Body for Wales;where the producer’s registered office or, if the producer does not have a registered office, their principal place of business of business is in Scotland, SEPA;where the producer’s registered office or, if the producer does not have a registered office, their principal place of business of business is in Northern Ireland, the Department of Agriculture, Environment and Rural Affairs; where the producer’s registered office or, if the producer does not have a registered office, their principal place of business is outside the United Kingdom, the Environment Agency; for the purposes of regulations 14(9) and 20(4) relating to the obligations of a producer or an authorised representative, who is a member of a scheme, the authority which granted the approval of that scheme under regulation 55;for the purposes of Part 4 relating to the obligations of an operator of a scheme, the appropriate authority which granted approval of that operator’s scheme under regulation 55;for the purposes of Part 7 relating to the approval of schemes—where the operator of the scheme’s registered office or principal place of business is in England, the Environment Agency;where the operator of the scheme’s registered office or principal place of business is in Wales, the Natural Resources Body for Wales;where the operator of the scheme’s registered office or principal place of business is in Scotland, SEPA;where the operator of the scheme’s registered office or principal place of business is in Northern Ireland, the Department of Agriculture, Environment and Rural Affairs;for the purposes of Part 8 relating to the approval of authorised treatment facilities and exporters—where the registered office or principal place of business of the operator of the ATF or of the exporter is in England, the Environment Agency;where the registered office or principal place of business of the operator of the ATF or of the exporter is in Wales, the Natural Resources Body for Wales;where the registered office or principal place of business of the operator of the ATF or of the exporter is in Scotland, SEPA; andwhere the registered office or principal place of business of the operator of the ATF or of the exporter is in Northern Ireland, the Department of Agriculture, Environment and Rural Affairs;for the purposes of Schedule 12 relating to designated collection facilities—where the operator of the collection facility’s registered office or principal place of business is in England, the Environment Agency;where the operator of a the collection facility’s registered office or principal place of business is in Wales, the Natural Resources Body for Wales;where the operator of the collection facility’s registered office or principal place of business is in Scotland, SEPA; andwhere the operator of the collection facility’s registered office or principal place of business is in Northern Ireland, the Department of Agriculture, Environment and Rural Affairs;

• “ATF” means an authorised treatment facility;

• “authorised representative” means any person who is established in the United Kingdom and who has been appointed by a producer under regulation 14(2);

• “authorised treatment facility” means any facility operated by an establishment or undertaking carrying out treatment and which is licensed or otherwise permitted under or by virtue of any legislation made in the United Kingdom, or in any part of the United Kingdom, which implements Article 9 of the Directive;

• “collection” has the meaning given by Article 3 the Waste Directive;

• “code of practice” means the code of practice issued by the Secretary of State under regulation 72;

• “compliance fee” means a fee calculated in accordance with the methodology approved by the Secretary of State under regulation 76;

• “compliance period” means—the first compliance period; orany year following the first compliance period;

• ...

• “declaration of compliance” means the declaration of compliance referred to in regulation 19(1) or 39(1);

• “Department of Agriculture, Environment and Rural Affairs” means the Department of Agriculture, Environment and Rural Affairs in Northern Ireland;

• “designated collection facility” means any establishment or undertaking carrying out collection operations and which is approved by the Secretary of State under regulation 70;

• “display equipment” means—personal computer screens that fall within category 3 of Schedule 1, andtelevision sets that fall within category 4 of Schedule 1;

• “disposal” has the meaning given by Article 3 the Waste Directive;

• “distributor” means any person in the supply chain who makes an item of EEE available on the market in the United Kingdom for distribution, consumption or use in the course of business, but a distributor may also be a producer;

• “distributor take back scheme” means a distributor take back scheme approved by the Secretary of State under regulation 68;

• “EEE” means electrical and electronic equipment;

• “EEE producer registration number” means the registration number issued to a producer or their authorised representative by the appropriate authority under regulation 26;

• “electrical and electronic equipment” means equipment which is dependent on electric currents or electromagnetic fields in order to work properly and equipment for the generation, transfer and measurement of such currents and fields and designed for use with a voltage rating not exceeding 1,000 volts for alternating current and 1,500 volts for direct current;

• “end-user” means any person who uses a piece of EEE;

• “enforcement authority” has the meaning given in regulation 87(5);

• “enforcement notice” means a notice in writing served in accordance with regulation 88; “enforcement officer” has the meaning given in regulation 89(15)(b);

• “Environment Agency” means the body established under section 1(1) of the Environment Act 1995[^f00011];

• “evidence note” means an evidence note issued, in the format approved by the Secretary of State under regulation 73, by—an operator of an AATF, as evidence of the receipt of tonnage of WEEE specified in the note for—reuse as a whole appliance; ortreatment at an ATF;an approved exporter, as evidence of the receipt of tonnage of WEEE for export specified in the note for reuse as a whole appliance outside the United Kingdom;

• “exporter” means a person who, in the ordinary course of conduct of a trade, occupation or profession, exports—used EEE for reuse as a whole appliance outside the United Kingdom; orWEEE for treatment, recovery or recycling outside the United Kingdom;

• “financial year” in relation to a scheme member—where that scheme member is a company is determined as provided in—section 390(1) to (3) of the Companies Act 2006[^f00012], orarticle 231(1) to (3) of the Companies (Northern Ireland) Order 1986[^f00013]; andin any other case has the meaning given in—section 390(4) of the Companies Act 2006, orarticle 231(4) of the Companies (Northern Ireland) Order 1986,but as if the reference there to an undertaking were a reference to that scheme member;

• “first compliance period” means the period commencing on 1st January 2014 and ending with 31st December 2014;

• “first quarter period” means a period commencing on 1st January and ending with 31st March;

• “fourth quarter period” means a period commencing on 1st October and ending with 31st December;

• “gas discharge lamp” means a gas discharge lamp that falls within category 5 of Schedule 1;

• “hazardous waste” has the meaning given by Article 3 of the Waste Directive;

• “in vitro diagnostic medical device” means an in vitro diagnostic device or accessory within the meaning of—regulation 2(1) of the Medical Devices Regulations 2002 in relation to England and Wales and Scotland, andArticle 2 of Regulation (EU) 2017/746 of the European Parliament and of the Council of 5 April 2017 on in vitro diagnostic medical devices and repealing Directive 98/79/EC and Commission Decision 2010/227/EU in relation to Northern Ireland,which is EEE;.

• “issue” in relation to an evidence note means to sell or otherwise supply to any person;

• “large-scale stationary industrial tools” means a large-scale assembly of machines, equipment, and/or components, functioning together for a specific application, permanently installed and de-installed by professionals at a given place, and used and maintained by professionals in an industrial manufacturing facility or research and development facility;

• “large scale fixed installations” means a large–size combination of several types of apparatus and, where applicable, other devices which:are assembled, installed and de-installed by professionalsare intended to be used permanently as part of a building or a structure at a pre-defined and dedicated location; andcan only be replaced by the same specifically designed equipment;

• “LED light source” means a product that falls within category 5 of Schedule 1 and which uses an integrated light emitting diode as its light source;

• “local authority” means—in England, Wales and Scotland, an authority mentioned in section 30(2) of the Environmental Protection Act 1990;in Northern Ireland, a district council within the meaning of section 1 of the Local Government Act (Northern Ireland) 1972;

• ...

• “medical device” means a medical device or accessory within the meaning of regulation 2(1) of the Medical Devices Regulations 2002, which is EEE;

• “medicinal product” has the meaning given in regulation 2(1) of the Human Medicines Regulations 2012;

• ...

• “national authority” means—in relation to England, the Secretary of State;in relation to Wales, the Welsh Ministers;in relation to Scotland, the Scottish Ministers;in relation to Northern Ireland, the Department of Agriculture, Environment and Rural Affairs;

• “Natural Resources Body for Wales” means the body established by article 3 of the Natural Resources Body for Wales (Establishment) Order 2012[^f00017];

• “new scheme” has the meaning given in regulation 14(9)(a);

• “non-obligated WEEE” means WEEE received by an AATF or approved exporter other than from or on behalf of a scheme;

• “non-road mobile machinery” means machinery, with an on-board power source, the operation of which requires either mobility or continuous or semi-continuous movement between a succession of fixed working locations while working;

• “non-UK supplier” has the meaning given in regulation 2E;

• “old scheme” has the meaning given in regulation 14(9);

• “OMP producer” has the meaning given in regulation 2D(3);

• “online marketplace” has the meaning given in regulation 2F(1);

• “online marketplace operator” has the meaning given in regulation 2F(2);

• “operator of an AATF” means the operator of a treatment facility that has been approved under regulation 61;

• “operator of a collection facility” means the operator of an establishment or undertaking carrying out collection operations;

• “operator of a scheme” means the operator of a scheme that has been approved under regulation 55;

• “operator of a proposed scheme” means the operator of a proposed scheme that is the subject of an application for approval made under regulation 55;

• “PBS” means producer compliance scheme balancing system;

• ...

• “Planning Appeals Commission” means the Planning Appeals Commission constituted under Article 110 of the Planning (Northern Ireland) Order 1991[^f00018];

• “premises” includes any land or means of transport;

• “preparing for re-use” has the meaning given by Article 3 of, and Annex I of the Waste Directive;

• “prevention” has the meaning given by Article 3 of, and Annex I of the Waste Directive;

• “producer” has the meaning given in regulation 2D

• “proposed scheme” means a proposed scheme that is the subject of an application for approval made under regulation 55;

• “quarter period” means—the first quarter period;the second quarter period;the third quarter period;the fourth quarter period;

• “recovery” has the meaning given by Article 3 of and Annex II of the Waste Directive, and “recover”, “recovered” and “recovery operation” shall be construed accordingly;

• “recycling” has the meaning given by Article 3 of the Waste Directive and “recycled” and “recycling operation” shall be construed accordingly;

• “register of producers” means the register of producers maintained by the appropriate authority under regulation 77;

• “registered in the United Kingdom” means—registered under the Companies Act 2006 or under the former Companies Acts (as defined in that Act); orregistered, or deemed to be registered, under the Companies (Northern Ireland) Order 1986 or under the former Companies Acts (as defined in that Order);

• “relevant approval period” has the meaning given in regulation 61(7);

• “relevant authorisation” means—a permit granted under regulation 13(1) of the Environmental Permitting (England and Wales) Regulations 2016 or regulation 13 of the Pollution Prevention and Control (Scotland) Regulations 2012[^f00021];an exempt waste operation under the Environmental Permitting (England and Wales) Regulations 2016 or any other operation exempt from the requirements of section 33(1)(a) and (b) of the Environmental Protection Act 1990 under those Regulations;an exemption registered or otherwise permitted under regulations 17 and 19 of the Waste Management Licensing (Scotland) Regulations 2011[^f00022];a permit granted under regulation 10 of the Pollution Prevention and Control (Industrial Emissions) Regulations (Northern Ireland) 2013[^f00023];an exemption registered under regulation 18 of the Waste Management Licensing Regulations (Northern Ireland) 2003[^f00024], ora waste management licence granted under article 8 of the Waste and Contaminated Land (Northern Ireland) Order 1997[^f00025];

• “relevant compliance period” means any compliance period, or any part of a compliance period, in respect of which any person has any obligation under these Regulations;

• “reprocessor” means a person who, in the ordinary course of conduct of a trade, occupation or profession, carries out one or more activities of recovery or recycling and who holds a relevant authorisation;

• “removal” means manual, mechanical, chemical or metallurgic handling with the result that hazardous substances, mixtures and components are contained in an identifiable stream or are in an identifiable part of a stream within the treatment process. A substance, mixture or component is identifiable if it can be monitored to verify environmentally safe treatment;

• “reuse” has the meaning given by Article 3 of, and Annex I of the Waste Directive and “reused” shall be construed accordingly;