The Waste Electrical and Electronic Equipment Regulations 2013
PART 1GENERAL
1Citation, commencement and extent
2Interpretation
2AModification of the Directive
2BModification of the Waste Directive
2CMeaning of “the Basic Safety Standards Directive” and “the Industrial Emissions Directive”
3Interpretation of documents
4Service of documents
PART 2
5Application during the transitional period
6Application from 1st January 2019
7Exemptions
8Exclusions
9First compliance period
10Retained EU law etc
PART 3
11Financing: WEEE from private households
12Financing: WEEE from users other than private households
13Producers supplying EEE by means of distance communication
14Obligation to join a scheme
15Registration of small producers
16Application to register as a small producer
17Small producers: Conditions of registration
18Information provided to operators of schemes
19Declaration of Compliance
20Record keeping
21Declaration of EEE producer registration number
22Marking EEE with the crossed out wheeled bin symbol
23Marking EEE with a date mark
24Information on new types of EEE
PART 4SCHEME OBLIGATIONS
25Registration of producers
26Application to register producers and authorised representatives
27Notification of new scheme member
27ANotification of scheme member in liquidation etc. and obligations in relation to that scheme member
28Financing: WEEE from private households
29Financing: WEEE from users other than private households
30Prioritisation of the reuse of whole appliances
31Treatment
32Recovery
33Payment of a compliance fee
34Collection Arrangements
34APBS: procedure for approval
34BObligation to join a PBS
35Reporting: WEEE during the transitional period
36Reporting: WEEE from 1st January 2019
37Reporting: EEE placed on the market during the transitional period
38Reporting: EEE placed on the market from 1st January 2019
39Declaration of compliance
40Record keeping: transitional period
41Record keeping: From 1st January 2019
PART 5WEEE
42Takeback
43Returns
44Information
45Record keeping
46Exemption for distributors who are current members of a distributor take back scheme
PART 6
47Financing obligation: Collection of WEEE from users other than private households
48Obligation to optimise the reuse and recycling of WEEE
49WEEE from private households which presents a health and safety risk
50Take back: WEEE from private households
51Prohibition on showing the costs of financing the collection, treatment and environmentally sound disposal of WEEE from private households
52Final holder right of return: WEEE from private households
53Notification of an intention to retain WEEE falling within certain WEEE streams
54Shipments of used EEE
PART 7APPROVAL OF PROPOSED SCHEMES AND WITHDRAWAL OF APPROVAL OF SCHEMES
55Application for approval of a proposed scheme
56Notification of a decision to refuse to approve a proposed scheme
57Conditions of approval
58Withdrawal of approval of a scheme
58AVoluntary withdrawal of the approval of a scheme
59Charges
PART 8
60Requirement for approval
61Application for approval
62Application for extension of approval of an exporter to an additional site
63Conditions of approval
64Suspension and cancellation of approval
65Charges
66Reporting
67Record keeping
PART 9
68Distributor take back scheme
69Take back: Application to use existing collection facilities
70Approval of designated collection facilities
71Withdrawal of approval of designated collection facilities
72Code of Practice
73Evidence notes
74Product Design
75Duties of the appropriate authority in relation to registration of small producers
76Approval of compliance fee; methodology and administration
PART 10
77Registration of producers and authorised representatives
78Monitoring
79Approval of schemes
80Information
81Approval of authorised treatment facilities and exporters
PART 11
82Disclosure of information
PART 12
83Right of appeal
84Procedure of appeals
85Determination of appeals
86Status of a decision pending appeal
PART 13
87Enforcement
88Enforcement notice
89Entry and inspection
PART 14
90Offences
91Penalties
92Commencement of proceedings
93Review
94Consequential amendments
95Transitional provisions
96Revocations and Savings
SCHEDULES
SCHEDULE 1Categories of EEE covered by these Regulations during the transitional period
SCHEDULE 2Indicative list of types of EEE which fall under the categories in Schedule 1
SCHEDULE 3Categories of EEE applying from 1st January 2019
1Large household appliances
2Small household appliances
3IT and telecommunications equipment
4Consumer equipment and photovoltaic panels
5Lighting equipment
6Electrical and electronic tools (with the exception of large-scale stationary...
7Toys, leisure and sports equipment
8Medical devices (with the exception of all devices that are...
9Monitoring and control instruments
10Automatic dispensers.
SCHEDULE 4Non-exhaustive list of types of EEE which fall within the categories set out in Schedule 3
SCHEDULE 5First compliance period
1The following amendments apply in relation to the first compliance...
2Record Keeping
3Take back: Application to use existing collection facilities
SCHEDULE 6Crossed out wheeled bin symbol
SCHEDULE 7Declaration of compliance
PART 1Information to be included in a declaration of compliance by a producer or authorised representative
1The name and address of the producer or authorised representative...
2The name and title of the person who issues the...
3The date of the declaration.
4The relevant compliance period to which the declaration relates.
5In relation to the WEEE from private households in respect...
6In relation to the WEEE from users other than private...
PART 2Information to be included in a declaration of compliance by an operator of a scheme
7The name and address of the operator of the scheme...
8The name and title of the person who issues the...
9The date of the declaration.
10The relevant compliance period to which the declaration relates.
11In relation to the WEEE from private households in respect...
12In relation to the WEEE from users other than private...
SCHEDULE 8
PART 1Information to be included in an application for registration of producers or authorised representatives and notification of new scheme members
1The compliance period in respect of which the application for...
2The name of the producer joining the scheme or the...
3The name of the scheme.
4The name of the operator of that scheme and, where...
5The name, postal address, telephone number, email address and fax...
6Where a scheme member is an authorised representative, the contact...
7The national identification code of the producer, including the European...
8The categories of EEE (set out in Schedule 1 or...
9The type of EEE (household or other than household EEE)...
10The brand name under which EEE placed onto the market...
11The way in which the producer meets their obligations.
12The selling technique used.
13The address for service of notices if different from the...
14The business name of a scheme member if different from...
15Where a scheme member is a partnership, the names of...
16In the case of a claim that a scheme member...
17In the case of a claim that a scheme member...
18In relation to each scheme member, confirmation of whether the...
19The Standard Industrial Classification (“SIC”) code for any scheme member...
19AWhere a producer is joining a scheme for the first...
PART 2Reporting information to be supplied by a producer or authorised representative during the transitional period
20The national identification code of the producer.
21The compliance period to which the reporting information relates.
22The amount of EEE by reference to—
23For each category referred to in paragraph 22, specify the...
24For each category referred to in paragraph 22, specify the...
25For each category referred to in paragraph 24, specify the...
26For each category referred to in paragraph 22, specify the...
PART 3Reporting information to be supplied by a producer or authorised representative from 1st January 2019
27The national identification code of the producer.
28The compliance period to which the reporting information relates.
29The amount of EEE by reference to each of the...
30For each category referred to in paragraph 29, specify the...
31For each category referred to in paragraph 29, specify the...
PART 4Requirements for registration as a small producer
32The date of the application for registration.
33The name of the producer and any brand name under...
34The following contact details for the producer—
35An address for service of notices on the producer if...
36The name and telephone number of a contact person for...
37If the producer has been registered under these Regulations within...
38A signed declaration of the truth of the information provided...
SCHEDULE 8AApproval of a PBS
PART 1Information to be included in a proposal for a PBS
1The name of the PBS.
2The name of the operator or proposed operator of the...
3The address, telephone number and email address of the operator...
4Where the operator or proposed operator of the PBS is...
5Where the operator or proposed operator of the PBS is...
6Confirmation of whether or not any person who is the...
7The estimated cost of setting up (in the case of...
8Qualifications and relevant experience of the operator or proposed operator...
9In the case of a proposal under regulation 34A(6)(b)(i), details...
PART 2PBS Requirements
10That the rules of the PBS provide for the operator...
11That the rules of the PBS provide that the costs...
12That the rules of the PBS provide for termination in...
13In the case of a PBS approved under regulation 34A(6)(b)(i),...
14That the Secretary of State is satisfied that the PBS...
15That the Secretary of State is satisfied that the operator...
16That the Secretary of State is satisfied that the PBS...
17In this Schedule— (a) “scheme operator” has the same meaning...
SCHEDULE 9Minimum requirements for shipments of used EEE suspected to be WEEE
1In order to distinguish between EEE and WEEE, where the...
2By way of derogation, paragraph 1(a) and (b) and paragraph...
3In order to demonstrate that the items being shipped constitute...
4In addition to the documentation requested in paragraphs 1, 2...
5In the absence of proof that an object is used...
SCHEDULE 10Approval of proposed schemes and schemes
PART 1Information to be included in an application for approval
1The name of the proposed scheme.
2The name of the operator of the proposed scheme.
3The address and telephone number and, where available, email address...
4Where the operator of the proposed scheme is a partnership,...
5The address for service of notices if different from that...
6Confirmation of whether or not the operator of the proposed...
PART 2Information to be included in the constitution
7The nature of the operator of the scheme’s legal personality....
8The type of relationship between the operator of the proposed...
9Details of how membership fees and any other sums payable...
10Details of any rules or regulations to be observed by...
11Details of the procedures under which the operator of the...
12Whether there is a minimum or maximum number of scheme...
13Details of the eligibility criteria for membership of the proposed...
14Details of how evidence notes acquired by the operator of...
15Details of any arbitration procedure that will apply for the...
16Details of the arrangements in place for disseminating important information...
PART 3Requirements for approval of a proposed scheme and for continued approval of a scheme
17That the rules or regulations of the proposed scheme or...
18That the proposed scheme or scheme has the necessary resources...
19That the operator of the proposed scheme or scheme must...
19AThat the proposed scheme or scheme, if it has been...
20That the operator of the proposed scheme or scheme must...
21That the operator of the proposed scheme or scheme is...
22That the proposed scheme or scheme is likely to assist...
23In the event that the operator of the proposed scheme...
SCHEDULE 11Approval of authorised treatment facilities and exporters
PART 1Information to be included in an application for approval
1The name of the operator of the ATF or the...
2The registered office address and telephone number and, where available...
3Where the operator of the ATF or exporter is a...
4Where the operator of the ATF or exporter is not...
5The address for service of notices if different from that...
6In the case of an application made by the operator...
7In the case of an application made by an exporter—...
8Confirmation of whether or not the operator of the ATF...
PART 2Conditions of approval of authorised treatment facilities
9An evidence note for treatment must only be issued with...
10An evidence note for reuse as a whole appliance must...
11The amount of WEEE recorded on an evidence note must...
12Where— (a) the result of rounding up under paragraph 11(a)...
13Duplicate copies of any evidence note issued by the operator...
14An evidence note must not be issued by an operator...
15An evidence note must not be issued by an operator...
16An evidence note for reuse as a whole appliance must...
17An evidence note must only be issued by an AATF...
18An AATF must not issue an evidence note in relation...
19An evidence note must only be issued by an operator...
20An evidence note which relates to— (a) WEEE received for...
21Where WEEE is treated at an AATF and is subsequently...
22From 1st January 2014 until 31st December 2015 WEEE treated...
23From 1st January 2016 until 31st December 2018 WEEE treated...
24From 1st January 2019 WEEE treated at the relevant ATTF...
25The operator of the AATF must comply with the requirements...
26The operator of the AATF has systems and procedures in...
27Where the operator of an ATF has submitted an application...
PART 3Conditions of approval of exporters
28An evidence note may be issued only in relation to...
29The amount of WEEE recorded on an evidence note must...
30Where— (a) the result of rounding up under paragraph 29(a)...
31Duplicate copies of an evidence note issued under these Regulations...
32An evidence note must not be issued by an approved...
33An evidence note must only be issued by an approved...
34An evidence note must only be issued by an approved...
35An evidence note must not be issued by an approved...
36The approved exporter must comply with the requirements of regulation...
37The approved exporter has systems and procedures in place to...
38The approved exporter must comply with the requirements of Schedule...
39Where an exporter has submitted an application for approval under...
SCHEDULE 12Criteria for approval as a designated collection facility
1The facility is likely to subsist for at least one...
2That— (a) the operator of the collection facility complies with...
3The operator of the collection facility is willing to work...
4The operator of the collection facility holds a relevant authorisation....
5Where an operator of a collection facility finances the costs...
6The information referred to in paragraph 5 will—
SCHEDULE 13Public register
1The producer’s or authorised representative’s name.
2The address of the registered office or, where the producer...
3The telephone number and email address and fax number of...
4The producer’s EEE producer registration number.
5The name of the scheme that the producer or authorised...
6The name of the operator of that scheme and the...
SCHEDULE 14Procedure of appeals
1(1) Where a person wishes to appeal to an appeal...
2(1) Subject to sub-paragraph (2), notice of appeal must be...
3Where under regulation 84(2) the appeal is by way of...
4(1) The appeal body or other person determining an appeal...

2013 No. 3113

Environmental Protection

The Waste Electrical and Electronic Equipment Regulations 2013

Made

Laid before Parliament

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

The Secretary of State is a Minister designated1 for the purposes of section 2(2) of the European Communities Act 19722 in respect of matters relating to the prevention and recovery of waste electrical and electronic equipment.

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