The Waste Electrical and Electronic Equipment Regulations 2006

Application for approval

47.—(1) An application for approval of an ATF or an exporter under this Part shall be made to the appropriate authority and shall—

(a)be in writing;

(b)contain the information set out in Part 1 of Schedule 8, which shall be submitted in the format published by the appropriate authority under regulation 64; and

(c)be accompanied by—

(i)where the appropriate authority is the Environment Agency or SEPA,

(aa)in the case of an applicant who undertakes to issue evidence notes for not more than 400 tonnes of WEEE in the approval period to which the application relates, the application charge specified in regulation 51(1)(a); and

(bb)in any other case, the application charge specified in regulation 51(1)(b); or

(ii)where the appropriate authority is the Department of the Environment,

(aa)in the case of an applicant who undertakes to issue evidence notes for not more than 400 tonnes of WEEE in the approval period to which the application relates; and

(bb)in any other case,

the application charge specified in the Waste Electrical and Electronic Equipment (Charges) Regulations (Northern Ireland) 2006.

(2) An application for approval made by—

(a)an operator of an ATF, to issue an evidence note in relation to—

(i)the treatment of WEEE at an ATF, and

(ii)the recovery or recycling of WEEE at a reprocessor; or

(b)an exporter, to issue an evidence note in relation to the treatment, recovery or recycling of WEEE for the export of WEEE for treatment, recovery and recycling in one or more specified treatment, recovery or recycling operations at a specified site outside the United Kingdom, or a combination of such operations,

shall be granted where the appropriate authority is satisfied as to the matters set out in paragraph (3) and shall otherwise be refused.

(3) The matters referred to—

(a)in paragraph (2)(a) are—

(i)that the applicant is an operator of an ATF;

(ii)that the applicant will comply with the conditions referred to in regulation 49(1); and

(iii)that the application has been made in accordance with paragraph (1); and

(b)in paragraph (2)(b) are—

(i)that the applicant is an exporter;

(ii)where the application for approval relates to one or more treatment, recovery or recycling sites outside the EEA, that the requirements of Article 6(4) of the Directive shall be met in respect of each such site;

(iii)that the applicant will comply with the conditions referred to in regulation 49(2); and

(iv)that the application has been made in accordance with paragraph (1).

(4) The appropriate authority shall notify the applicant in writing of its decision under paragraph (2) no later than 12 weeks after the application was made and, if the decision is a decision to refuse approval, such a notification shall state—

(a)the reasons for the decision; and

(b)the right of appeal under Part 12.

(5) Subject to regulation 50, where approval is granted under paragraph (2), it shall take effect—

(a)where the application is made in the preceding year to that in which the person has applied to be approved—

(i)from 1st January where the decision to grant approval was made before that date; and

(ii)in all other cases, from the date of the decision,

and shall remain in force until 31st December in the year for which the person has applied to be approved;

(b)where the application is made during the year in which the person has applied to be approved, from the date of the decision, and shall remain in force until 31st December in that year.

(6) Where an operator of an ATF or an exporter who has—

(a)given the undertaking referred to in paragraph (1)(c)(i)(aa); and

(b)paid the application charge specified in regulation 51(1)(a),

subsequently breaches that undertaking, he shall from the date of that breach be liable to pay the appropriate authority the balance of the charge which would have been payable under paragraph (1)(c)(i)(bb) had the undertaking not been given.

(7) In this Part, “relevant approval period” means the period in respect of which a grant of approval that has been made under this regulation remains in force.