PART 5U.K.DISTRIBUTOR OBLIGATIONS AND RIGHTS: WEEE FROM PRIVATE HOUSEHOLDS

TakebackU.K.

42.—(1) A distributor who supplies new EEE to a person [F1must] ensure that WEEE from private households can be returned to them free of charge and on a one-to-one basis by that person, provided that any such WEEE—

(a)is of an equivalent type to, and

(b)has fulfilled the same function as,

the supplied equipment.

(2) A distributor who supplies new EEE from a retail premises with a sales area relating to EEE of at least 400m² must provide for the collection of very small WEEE free of charge to the end-user of the EEE with no obligation to buy EEE of an equivalent type. Such collection must take place at the retail premises or in its immediate proximity.

ReturnsU.K.

43.—(1) A distributor may return WEEE from private households free of charge to the system that has been set up by an operator of a scheme that has been approved under regulation 55 for the purposes of complying with that operator of a scheme’s obligations in relation to WEEE from private households under regulation 28.

(2) For the purposes of paragraph (1), “system” means a system that an operator of a scheme has set up —

(a)in accordance with regulations 30, 31 and 32; and

(b)under regulation 50.

InformationU.K.

44.  A distributor who supplies new EEE [F2must] make information available in writing to users of EEE in private households on—

(a)the [F3need] to minimise the disposal of WEEE as unsorted municipal waste and to achieve a high level of collection (including separate collection) of WEEE for treatment, recovery and environmentally sound disposal;

(b)the collection and take-back systems that are available to them;

(c)their role in contributing to the reuse, recycling and other forms of recovery of WEEE under these Regulations;

(d)the potential effects on the environment and human health as a result of the presence of hazardous substances in EEE; and

(e)the meaning of the crossed out wheeled bin symbol shown in Schedule 6.

Record keepingU.K.

45.—(1) A distributor to whom the regulation 42 applies [F4must] keep a record of the number of units of WEEE from private households that are returned to him under that regulation.

(2) A distributor who returns WEEE from private households under regulation 43 [F4must] keep a record of the number of units of WEEE from private households returned by him under that regulation.

(3) Each distributor to whom the obligation in regulation 44 applies [F4must] keep a record of the information made available under that regulation.

(4) The records referred to in this regulation [F4must] be kept for a period of at least four years commencing on the date on which any such record is made and [F4must] be made available to the Secretary of State on demand.

Exemption for distributors who are current members of a distributor take back schemeU.K.

46.  Where a distributor is a member of a distributor take back scheme, they will be exempt from complying with the requirements of regulation 42 and 45(1) for the period during which his membership of the scheme subsists.