The Waste Electrical and Electronic Equipment Regulations 2013
| Year | 2013 |
2013 No. 3113
Environmental Protection
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 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 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. In these Regulations—
“the Directive” means Directive 2012/19/EU of the European Parliament and of the Council of 4th July 2012 on waste electrical and electronic equipment of the European Parliament and of the Council of 8th December 2003 on waste electrical and electronic equipment (WEEE)3which replaces Directive 2002/96/EC4as amended by Directive 2003/108/EC5and Directive 2008/34/EC6;
“AATF” means an approved authorised treatment facility;
“the Waste Directive” means Directive 2008/98/EC7of the European Parliament and of the Council on Waste;
“active implantable medical device” means an active implantable medical device within the meaning of point (c) of Article 1(2) of Council Directive 90/385/EEC8of 20 June 1990 on the approximation of laws of the Member States relating to active implantable medical devices which are EEE;
“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;
“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—
(a) 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;
(b) 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;
(c) for the purposes of any provision of these Regulations relating to the exercise of the functions of the appropriate authority in Scotland, SEPA;
(d) 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;
(e) for the purposes of Part 3 relating to the obligations of a producer or authorised representative under regulations 11, 14, 19 and 20 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 26;
(f) for the purposes of Part 3 relating to the obligations of a producer under regulation 14—
(i) where the producer’s registered office or principal place of business is in England, the Environment Agency;
(ii) where the producer’s registered office or principal place of business is in Wales, the Natural Resources Body for Wales;
(iii) where the producer’s registered office or principal place of business is in Scotland, SEPA;
(iv) where the producer’s registered office or principal place of business is in Northern Ireland, the Department of the Environment;
(g) 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;
(h) 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, the Environment Agency;
(ii) where the operator of the scheme’s registered office or principal place of business is in Wales, the Natural Resources Body for Wales;
(iii) where the operator of the scheme’s registered office or principal place of business is in Scotland, SEPA;
(iv) where the operator of the scheme’s registered office or principal place of business is in Northern Ireland, the Department of the Environment;
(i) for the purposes of Part 8 relating to the approval of authorised treatment facilities and exporters—
(i) 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;
(ii) 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;
(iii) where the registered office or principal place of business of the operator of the ATF or of the exporter is in Scotland, SEPA; and
(iv) where 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 the Environment;
(j) for the purposes of Schedule 12 relating to designated collection facilities—
(i) where the operator of the collection facility’s registered office or principal place of business is in England, the Environment Agency;
(ii) 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;
(iii) where the operator of the collection facility’s registered office or principal place of business is in Scotland, SEPA; and
(iv) where the operator of the collection facility’s registered office or principal place of business is in Northern Ireland, the Department of the Environment;
“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—
(a) the first compliance period; or
(b) any year following the first compliance period;
“dangerous substance or mixture” means any mixture which has to be considered dangerous under Directive 1999/45/EC9of 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 preparations or any substance which fulfils the criteria for any of the following hazard classes or categories set out in Annex I of Regulation (EC) No 1272/200810of the European Parliament and of the Council of 16th December 2008 on classification, labelling and packaging of substances and mixtures:
(i) hazard classes 2.1 to 2.4, 2.6 and 2.7, 2.8 types A and B, 2.9, 2.10, 2.12, 2.13 categories 1 and 2, 2.14 categories 1 and 2, 2.15 types A to F,
(ii) hazard classes 3.1 to 3.6, 3.7 adverse effects on sexual function and fertility or on development, 3.8 effects other than narcotic effects, 3.9 and 3.10,
(iii) hazard class 4.1, and
(iv) hazard class 5.1;
“declaration of compliance” means the declaration of compliance referred to in regulation 19(1) or 39(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 70;
“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” 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 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...
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