The Waste Electrical and Electronic Equipment Regulations 2006
| Year | 2006 |
2006 No. 3289
Environmental protection
The Waste Electrical and Electronic Equipment Regulations 2006
Made 11th December 2006
Laid before Parliament 12th December 2006
Coming into force in accordance with regulation 1(2) to (4)
The Secretary of State is a Minister designated1for the purposes of section 2(2) of the European Communities Act 19722in 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.
PART 1
GENERAL
Citation, commencement and extent
1.—(1) These Regulations may be cited as the Waste Electrical and Electronic Equipment Regulations 2006.
(2) Subject to paragraphs (3) and (4), these Regulations shall come into force on 2nd January 2007.
(3) Regulations 15 to 17 and Schedule 4 shall come into force on 1st April 2007.
(4) Regulations 31 to 36 and 40 shall come into force on 1st July 2007.
(5) Regulations 4, 45 and 51 do not extend to Northern Ireland.
Interpretation
2.—(1) In these Regulations—
“the Directive” means Directive 2002/96/ECof the European Parliament and of the Council of 27th January 2003 on waste electrical and electronic equipment (WEEE)3as amended by Directive 2003/108/ECof the European Parliament and of the Council of 8th December 2003 on waste electrical and electronic equipment (WEEE)4;
“AATF” means an approved authorised treatment facility;
“ATF” means an authorised treatment facility;
“approved authorised treatment facility” means an authorised treatment facility which is approved under regulation 47;
“approved exporter” means an exporter who is approved under regulation 47;
“appropriate authority” means—
(a) for the purposes of any provision of these Regulations relating to the exercise of the functions of the appropriate authority in England or Wales, the Environment Agency;
(b) for the purposes of any provision of these Regulations relating to the exercise of the functions of the appropriate authority in Scotland, SEPA;
(c) 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 the Environment;
(d) for the purposes of Part 3 relating to the obligations of a producer under regulations 8, 10, 12 and 13, the appropriate authority who has registered that producer in respect of the relevant compliance period, or the relevant part of a compliance period, under regulation 20;
(e) for the purposes of Part 3 relating to the obligations of a producer under regulation 18—
(i) where the producer’s registered office or principal place of business is in England or Wales, the Environment Agency;
(ii) where the producer’s registered office or principal place of business is in Scotland, SEPA;
(iii) where the producer’s registered office or principal place of business is in Northern Ireland, the Department of the Environment;
(f) 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 41;
(g) for the purposes of Part 7 relating to the approval of schemes—
(i) where the operator of the scheme’s registered office or principal place of business is in England or Wales, the Environment Agency;
(ii) where the operator of the scheme’s registered office or principal place of business is in Scotland, SEPA;
(iii) where the operator of the scheme’s registered office or principal place of business is in Northern Ireland, the Department of the Environment;
(h) for the purposes of Part 8 relating to the approval of authorised treatment facilities and exporters—
(i) where the operator of the ATF’s or the exporter’s registered office or principal place of business is in England or Wales, the Environment Agency;
(ii) where the operator of the ATF’s or the exporter’s registered office or principal place of business is in Scotland, SEPA; and
(iii) where the operator of the ATF’s or the exporter’s registered office or principal place of business is in Northern Ireland, the Department of the Environment;
(i) for the purposes of Schedule 9 relating to designated collection facilities—
(i) where the operator of the collection facility’s registered office or principal place of business is in England or Wales, the Environment Agency;
(ii) where the operator of the collection facility’s registered office or principal place of business is in Scotland, SEPA; and
(iii) where the operator of the collection facility’s registered office or principal place of business is in Northern Ireland, the Department of the Environment;
“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 6 of the Directive;
“code of practice” means the code of practice issued by the Secretary of State under regulation 57;
“compliance period” means—
(a) the first compliance period; or
(b) any year following the first compliance period;
“cooling appliances containing refrigerants” means—
(a) large cooling appliances,
(b) refrigerators,
(c) freezers, and
(d) other large appliances for refrigeration, conservation and storage of food,
that fall within category 1 of Schedule 1;
“dangerous substance or preparation” means any substance or preparation which has to be considered dangerous under Council Directive 67/548/EECof 27th June 1967 on the approximation of laws, regulations and administrative provisions relating to the classification, packaging and labelling of dangerous substances5or Directive 1999/45/ECof the European Parliament and of the Council of 31st May 1999 concerning the approximation of laws, regulations and administrative provisions of the Member States relating to the classification, packaging and labelling of dangerous preparations6;
“declaration of compliance” means the declaration of compliance referred to in regulation 12(1) or 29(1);
“Department of the Environment” means the Department of the Environment 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 55;
“display equipment” means—
(a) personal computer screens that fall within category 3 of Schedule 1, and
(b) television sets that fall within category 4 of Schedule 1;
“disposal” means any of the applicable operations provided for in Annex IIA to Directive 2006/12/ECof the European Parliament and of the Council on Waste7;
“distributor” means any person who provides electrical or electronic equipment on a commercial basis to the party who is going to use it;
“distributor take back scheme” means a distributor take back scheme approved by the Secretary of State under regulation 54;
“EEE” means electrical and electronic equipment;
“EEE producer registration number” means the registration number issued to a producer by the appropriate authority under regulation 20;
“EEA” means the European Economic Area;
“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 falling under the categories set out in Schedule 1 to these Regulations and designed for use with a voltage rating not exceeding 1,000 volts for alternating current and 1,500 volts for direct current;
“enforcement authority” has the meaning given in regulation 70(5);
“enforcement notice” means a notice in writing served in accordance with regulation 71;
“enforcement officer” has the meaning given in regulation 72(13);
“Environment Agency” means the body established under section 1(1) of the Environment Act 19958;
“evidence note” means any of the following—
(a) an evidence note issued, in the format approved by the Secretary of State under regulation 58(2), by—
(i) an operator of an AATF, as evidence of the receipt of the tonnage of WEEE specified in the note for—
(aa) treatment at an ATF, and
(bb) recovery and recycling at a reprocessor, or
(ii) an approved exporter, as evidence of the export of the tonnage of WEEE specified in the note for treatment, recovery and recycling outside the United Kingdom; and
(b) an evidence note issued by the Secretary of State under regulation 58;
“exporter” means a person who, in the ordinary course of conduct of a trade, occupation or profession, exports WEEE for treatment, recovery and recycling outside the United Kingdom;
“financial year” in relation to a scheme member—
(a) where that scheme member is a company is determined as provided in—
(i) section 223(1) to (3) of the Companies Act 19859, or
(ii) article 231(1) to (3) of the Companies (Northern Ireland) Order 198610; and
(b) in any other case has the meaning given in—
(i) section 223(4) of the Companies Act 1985, or
(ii) article 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 July 2007 and ending with 31st December 2007;
“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;
“issue” in relation to an evidence note means to sell or otherwise supply to any person;
“member State” includes Norway, Iceland and Lichtenstein11;
“new scheme” has the meaning given in regulation 10(7);
“old scheme” has the meaning given in...
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