The Waste Electrical and Electronic Equipment Regulations 2013

• Citation: S.I. 2013/3113
• Sections: 276

Section 1 Citation, commencement and extent

(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.

Section 2 Interpretation

(1) In these Regulations—

“ the Directive ” means Directive 2012/19/EU of the European Parliament and of the Council on waste electrical and electronic equipment (WEEE), as last amended by Directive (EU) 2018/849 , as read in accordance with regulation 2A ;

“ the Waste Directive ” means Directive 2008/98/EC of the European Parliament and of the Council on waste , as last amended by Directive (EU) 2018/851 and as read in accordance with regulation 2B ;

“ AATF ” means an approved authorised treatment facility;

...

“active implantable medical device” means an active implantable medical device within the meaning of regulation 2(1) of the Medical Devices Regulations 2002 which are EEE ;

“appliances containing refrigerants” means—

large cooling appliances;

refrigerators;

freezers; and

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—

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;

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;

for the purposes of any provision of these Regulations relating to the exercise of the functions of the appropriate authority in Scotland, SEPA ;

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 Agriculture, Environment and Rural Affairs ;

...

subject to sub-paragraph (fa), for the purposes of Part 3 relating to the obligations of a producer —

where the producer’s registered office or, if the producer does not have a registered office, their principal place of business of business is in England, the Environment Agency;

where the producer’s registered office or, if the producer does not have a registered office, their principal place of business of business is in Wales, the Natural Resources Body for Wales;

where the producer’s registered office or, if the producer does not have a registered office, their principal place of business of business is in Scotland, SEPA;

where the producer’s registered office or, if the producer does not have a registered office, their principal place of business of business is in Northern Ireland, the Department of Agriculture, Environment and Rural Affairs ;

where the producer’s registered office or, if the producer does not have a registered office, their principal place of business is outside the United Kingdom, the Environment Agency;

for the purposes of regulations 14(9) and 20(4) relating to the obligations of a producer or an authorised representative, who is a member of a scheme, the authority which granted the approval of that scheme under regulation 55;

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;

for the purposes of Part 7 relating to the approval of schemes—

where the operator of the scheme’s registered office or principal place of business is in England, the Environment Agency;

where the operator of the scheme’s registered office or principal place of business is in Wales, the Natural Resources Body for Wales;

where the operator of the scheme’s registered office or principal place of business is in Scotland, SEPA;

where the operator of the scheme’s registered office or principal place of business is in Northern Ireland, the Department of Agriculture, Environment and Rural Affairs ;

for the purposes of Part 8 relating to the approval of authorised treatment facilities and exporters—

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;

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;

where the registered office or principal place of business of the operator of the ATF or of the exporter is in Scotland, SEPA; and

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 Agriculture, Environment and Rural Affairs ;

for the purposes of Schedule 12 relating to designated collection facilities—

where the operator of the collection facility’s registered office or principal place of business is in England, the Environment Agency;

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;

where the operator of the collection facility’s registered office or principal place of business is in Scotland, SEPA; and

where the operator of the collection facility’s registered office or principal place of business is in Northern Ireland, the Department of Agriculture, Environment and Rural Affairs ;

“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—

the first compliance period; or

any year following the first compliance period;

...

“declaration of compliance” means the declaration of compliance referred to in regulation 19(1) or 39(1);

“Department of Agriculture, Environment and Rural Affairs” means the Department of Agriculture, Environment and Rural Affairs 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—

personal computer screens that fall within category 3 of Schedule 1, and

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 in the United Kingdom for distribution, consumption or use in the course of business, 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 in writing served in accordance with regulation 88; “enforcement officer” has the meaning given in regulation 89(15)(b);

“Environment Agency” means the body established under section 1(1) of the Environment Act 1995 ;

“evidence note” means an evidence note issued, in the format approved by the Secretary of State under regulation 73, by—

an operator of an AATF, as evidence of the receipt of tonnage of WEEE specified in the note for—

reuse as a whole appliance; or

treatment at an ATF;

an approved exporter, as evidence of the receipt of tonnage of WEEE for export specified in the note for reuse as a whole appliance outside the United Kingdom;

“exporter” means a person who, in the ordinary course of conduct of a trade, occupation or profession, exports—

used EEE for reuse as a whole appliance outside the United Kingdom; or

WEEE for treatment, recovery or recycling outside the United Kingdom;

“financial year” in relation to a scheme member—

where that scheme member is a company is determined as provided in—

section 390(1) to (3) of the Companies Act 2006 , or

article 231(1) to (3) of the Companies (Northern Ireland) Order 1986 ; and

in any other case has the meaning given in—

section 390(4) of the Companies Act 2006, or

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 January 2014 and ending with 31st December 2014;

“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;

“hazardous waste” has the meaning given by Article 3 of the Waste Directive;

“ in vitro diagnostic medical device ” means an in vitro diagnostic device or accessory within the meaning of—

regulation 2(1) of the Medical Devices Regulations 2002 in relation to England and Wales and Scotland, and

Article 2 of Regulation (EU) 2017/746 of the European Parliament and of the Council of 5 April 2017 on in vitro diagnostic medical devices and repealing Directive 98/79/EC and Commission Decision 2010/227/EU in relation to Northern Ireland,

which is EEE;.

“issue” in relation to an evidence note means to sell or otherwise supply to any person;

“large-scale stationary industrial tools” means a large-scale assembly of machines, equipment, and/or components, functioning together for a specific application, permanently installed and de-installed by professionals at a given place, and used and maintained by professionals in an industrial manufacturing facility or research and development facility;

“large scale fixed installations” means a large–size combination of several types of apparatus and, where applicable, other devices which:

are assembled, installed and de-installed by professionals

are intended to be used permanently as part of a building or a structure at a pre-defined and dedicated location; and

can only be replaced by the same specifically designed equipment;

“LED light source” means a product that falls within category 5 of Schedule 1 and which uses an integrated light emitting diode as its light source;

“local authority” means—

in England, Wales and Scotland, an authority mentioned in section 30(2) of the Environmental Protection Act 1990;

in Northern Ireland, a district council within the meaning of section 1 of the Local Government Act (Northern Ireland) 1972;

...

“medical device” means a medical device or accessory within the meaning of regulation 2(1) of the Medical Devices Regulations 2002, which is EEE ;

“ medicinal product ” has the meaning given in regulation 2(1) of the Human Medicines Regulations 2012;

...

“national authority” means—

in relation to England, the Secretary of State;

in relation to Wales, the Welsh Ministers;

in relation to Scotland, the Scottish Ministers;

in relation to Northern Ireland, the Department of Agriculture, Environment and Rural Affairs;

“Natural Resources Body for Wales” means the body established by article 3 of the Natural Resources Body for Wales (Establishment) Order 2012 ;

“new scheme” has the meaning given in regulation 14(9)(a);

“non-obligated WEEE” means WEEE received by an AATF or approved exporter other than from or on behalf of a scheme;

“non-road mobile machinery” means machinery, with an on-board power source, the operation of which requires either mobility or continuous or semi-continuous movement between a succession of fixed working locations while working;

“ non-UK supplier ” has the meaning given in regulation 2E;

“old scheme” has the meaning given in regulation 14(9);

“ OMP producer ” has the meaning given in regulation 2D(3);

“ online marketplace ” has the meaning given in regulation 2F(1);

“ online marketplace operator ” has the meaning given in regulation 2F(2);

“operator of an AATF” means the operator of a treatment facility that has been approved under regulation 61;

“operator of a collection facility” means the operator of an establishment or undertaking carrying out collection operations;

“operator of a scheme” means the operator of a scheme that has been approved under regulation 55;

“operator of a proposed scheme” means the operator of a proposed scheme that is the subject of an application for approval made under regulation 55;

“PBS” means producer compliance scheme balancing system;

...

“Planning Appeals Commission” means the Planning Appeals Commission constituted under Article 110 of the Planning (Northern Ireland) Order 1991 ;

“premises” includes any land or means of transport;

“preparing for re-use” has the meaning given by Article 3 of, and Annex I of the Waste Directive;

“prevention” has the meaning given by Article 3 of, and Annex I of the Waste Directive;

“ producer ” has the meaning given in regulation 2D

“proposed scheme” means a proposed scheme that is the subject of an application for approval made under regulation 55;

“quarter period” means—

the first quarter period;

the second quarter period;

the third quarter period;

the fourth quarter period;

“recovery” has the meaning given by Article 3 of and Annex II of the Waste Directive, and “recover”, “recovered” and “recovery operation” shall be construed accordingly;

“recycling” has the meaning given by Article 3 of the Waste Directive and “recycled” and “recycling operation” shall be construed accordingly;

“register of producers” means the register of producers maintained by the appropriate authority under regulation 77;

“registered in the United Kingdom” means—

registered under the Companies Act 2006 or under the former Companies Acts (as defined in that Act); or

registered, or deemed to be registered, under the Companies (Northern Ireland) Order 1986 or under the former Companies Acts (as defined in that Order);

“relevant approval period” has the meaning given in regulation 61(7);

“relevant authorisation” means—

a permit granted under regulation 13(1) of the Environmental Permitting (England and Wales) Regulations 2016 or regulation 13 of the Pollution Prevention and Control (Scotland) Regulations 2012 ;

an exempt waste operation under the Environmental Permitting (England and Wales) Regulations 2016 or any other operation exempt from the requirements of section 33(1)(a) and (b) of the Environmental Protection Act 1990 under those Regulations;

an exemption registered or otherwise permitted under regulations 17 and 19 of the Waste Management Licensing (Scotland) Regulations 2011 ;

a permit granted under regulation 10 of the Pollution Prevention and Control (Industrial Emissions) Regulations (Northern Ireland) 2013 ;

an exemption registered under regulation 18 of the Waste Management Licensing Regulations (Northern Ireland) 2003 , or

a waste management licence granted under article 8 of the Waste and Contaminated Land (Northern Ireland) Order 1997 ;

“relevant compliance period” means any compliance period, or any part of a compliance period, in respect of which any person has any obligation under these Regulations;

“reprocessor” means a person who, in the ordinary course of conduct of a trade, occupation or profession, carries out one or more activities of recovery or recycling and who holds a relevant authorisation;

“removal” means manual, mechanical, chemical or metallurgic handling with the result that hazardous substances, mixtures and components are contained in an identifiable stream or are in an identifiable part of a stream within the treatment process. A substance, mixture or component is identifiable if it can be monitored to verify environmentally safe treatment;

“reuse” has the meaning given by Article 3 of, and Annex I of the Waste Directive and “reused” shall be construed accordingly;

“scheme” means a scheme that operates in the United Kingdom and has been approved by the relevant appropriate authority under regulation 55;

“scheme member” means—

a producer who is a member of a scheme on their own behalf; or

where a producer has appointed an authorised representative under regulation 14, the authorised representative on behalf of the producer who has appointed them

“Scottish Environment Protection Agency” means the body established under section 20(1) of the Environment Act 1995;

“second quarter period” means a period commencing on 1st April and ending with 30th June;

“SEPA” means the Scottish Environment Protection Agency;

“small producer” means a person falling within the definition of producer and who places less than 5 tonnes of EEE onto the market in a compliance period;

“the transitional period” means 1st January 2014 until 31st December 2018;

“third quarter period” means a period commencing on 1st July and ending with 30th September;

“separate collection” has the meaning given by Article 3 of the Waste Directive;

“treatment” has the meaning given by Article 3 of the Waste Directive, and “treat”, “treated” and “treatment operation” shall be construed accordingly;

“turnover” means, in relation to a scheme member, their turnover as defined in—

section 474(1) of the Companies Act 2006, or

article 270(1) of the Companies (Northern Ireland) Order 1986, but as if the references to a company were references to that person;

“very small WEEE” means an item of WEEE with no external dimension more than 25cm;

“waste electrical and electronic equipment” means electrical or electronic equipment which is waste within the meaning of Article 3(1) of the Waste Directive , as read with Articles 5 and 6 of that Directive, including all components, subassemblies and consumables which are part of the product at the time of discarding;

“WEEE” means waste electrical and electronic equipment;

“WEEE collection stream” means each of the following seven collection streams —

large household appliances

appliances containing refrigerants

display equipment

lamps

photovoltaic panels;

vapes and electronic cigarettes etc. (devices falling within category 7.1 of Schedule 3);

all other WEEE that is separately collected at a designated collection facility during a compliance period;

“WEEE from private households” means WEEE which comes from private households and WEEE which comes from commercial, industrial, institutional and other sources which, because of its nature and quantity, is similar to that from private households. Waste from EEE likely to be used by both private households and users other than private households shall in any event be considered to be WEEE from private households;

“writing” includes text that is—

transmitted by electronic means,

received in legible form, and

capable of being used for subsequent reference; and

“year” means a calendar year commencing on 1st January.

(2) In these Regulations, references to placing on the market (however expressed) mean the first sale or other supply of a product for distribution, consumption or use in the United Kingdom in the course of business and include facilitating the sale or other supply of a product on an online marketplace.

Section 2A Modification of the Directive

(1) For the purposes of these Regulations, the Directive is to be read in accordance with this regulation.

(2) A reference to one or more member States or the competent authorities in a provision imposing an obligation or conferring a discretion on a member State, member States or competent authority is to be read as a reference to the national authority or appropriate authority which, immediately before IP completion day, was responsible for the United Kingdom's compliance with that obligation or able to exercise that discretion.

(3) A reference to a term in the Directive which is defined in regulation 2 to these Regulations is to be read as if it had the meaning given in regulation 2.

(4) Article 3 is to be read as if paragraphs 1(e), (f) and (l) and (2) were omitted.

(5) Article 5(2)(e) is to be read as if “and Union” were omitted.

(6) Article 8 is to be read as if—

(a) paragraph 4 were omitted;

(b) in paragraph 5, the second to fifth subparagraphs were omitted.

(7) Article 9 is to be read as if—

(a) in paragraphs 1 and 2, for “Directive 2008/98/EC ” there were substituted “ the Waste Directive ” ;

(b) in paragraph 3, for the words “Article 11” there were substituted “paragraphs 23 and 24 of Schedule 11 to the Waste Electrical and Electronic Equipment Regulations 2013;

(c) after paragraph 3, there were inserted—

(4) In paragraph 3, “permit”—

(a) in relation to England and Wales, means an environmental permit issued under regulation 13(1) of the Environmental Permitting Regulations 2016;

(b) in relation to Northern Ireland, means—

(i) a waste management licence granted under Article 6 of the Waste and Contaminated Land (Northern Ireland) Order 1997, or

(ii) a permit granted under regulation 10 of the Pollution Prevention and Control (Industrial Emissions) Regulations (Northern Ireland) 2013;

(c) in relation to Scotland, means a site licence issued under section 35 of the Environmental Protection Act 1990 or a permit issued under regulation 13 of the Pollution Prevention and Control (Scotland) Regulations 2012.

(8) Article 11 is to be read as if paragraphs 3 and 6 were omitted.

(9) Annex 7 is to be read as if, in paragraph 1—

(a) in the first subparagraph—

(i) in the first indent, for the words from “Council Directive 96/59/EC ” to the end there were substituted “ the relevant PCB legislation ” ;

(ii) in the thirteenth indent, for the words from “Commission Directive 97/69/EC ” to the end there were substituted “ Regulation (EC) No 1272/2008 of the European Parliament and of the Council on classification, labelling and packaging of substances and mixtures ” ;

(iii) in the fourteenth indent, for the words from “Article 3” to the end there were substituted “ Annex 7 to the Basic Safety Standards Directive ” ;

(b) in the second subparagraph, for “Directive 2008/98/EC ” there were substituted “ the Waste Directive ” .

(10) Annex 8 is to be read as if, in paragraph 1, in the words before the first indent, the words from “(without prejudice” to “landfill of waste)” were omitted.

(11) In paragraph (8)(a)(i), the “ relevant PCB legislation ” means—

(a) in relation to England and Wales, the Environmental Protection (Disposal of Polychlorinated Biphenyls and other Dangerous Substances) (England and Wales) Regulations 2000;

(b) in relation to Scotland, the Environmental Protection (Disposal of Polychlorinated Biphenyls and other Dangerous Substances) (Scotland) Regulations 2000;

(c) in relation to Northern Ireland, the Environmental Protection (Disposal of Polychlorinated Biphenyls and other Dangerous Substances) Regulations (Northern Ireland) 2000.

Section 2B Modification of the Waste Directive

(1) For the purposes of these Regulations, the Waste Directive is to be read in accordance with this regulation.

(2) A reference to one or more member States or a competent authority in a provision imposing an obligation or conferring a discretion on a member State, member States or competent authority is to be read as a reference to the national authority or appropriate authority which, immediately before IP completion day, was responsible for the United Kingdom's compliance with that obligation or able to exercise that discretion.

(3) Article 3(20) is to be read as if for “Article 2(11) of Directive 96/61/EC ” there were substituted “ Article 3(10) of the Industrial Emissions Directive ” .

(4) Article 5 is to be read as if—

(a) in paragraph 1, “Member States shall take appropriate measures to ensure that” were omitted;

(b) after paragraph 1 there were inserted—

(1A) Any decision as to whether a substance or object is a by-product must be made—

(a) in accordance with any regulations setting out detailed criteria on the application of the conditions in paragraph 1 to specific substances or objects; and

(b) having regard to any relevant guidance published by the national authority or the appropriate authority.

(c) paragraphs 2 and 3 were omitted.

(5) Article 6 is to be read as if—

(a) in paragraph 1, “Member States shall take appropriate measures to ensure that” were omitted;

(b) after paragraph 1 there were inserted—

(1A) Any decision as to whether a substance or object has ceased to be waste must be made—

(a) in accordance with any regulations or assimilated direct legislation setting out detailed criteria on the application of the conditions in paragraph 1 to specific types of waste; and

(b) having regard to any relevant guidance published by the national authority or the appropriate authority.

(c) in paragraph 2—

(i) the first subparagraph were omitted;

(ii) in the second subparagraph, for “Those detailed criteria” there were substituted “Any detailed criteria set out in guidance as referred to in paragraph 1A”;

(iii) the third and fourth subparagraphs were omitted;

(d) paragraph 3 were omitted;

(e) in paragraph 4—

(i) in the first subparagraph—

(aa) in the first sentence, for the words from the beginning to “Member State”, there were substituted “Where criteria have not been set out as referred to in paragraph 1A(a), the appropriate authority”;

(bb) the second sentence were omitted;

(ii) in the second subparagraph—

(aa) for “Member States” there were substituted “The appropriate authority”;

(bb) “by competent authorities” were omitted.

(6) Article 7 is to be read as if—

(a) before paragraph 1 there were inserted—

(A1) In this Article, the “list of waste” means the list contained in the Annex to Commission Decision 2000/532/EC , as that list has effect in England, Wales, Scotland or Northern Ireland (as the case may be).

(b) in paragraph 1—

(i) the first and second sentences were omitted;

(ii) for the third sentence there were substituted “The list of waste shall, except as provided in Commission Decision 2000/532/EC , be binding as regards determination of the waste which is to be considered as hazardous waste or as non-hazardous waste.”;

(c) paragraphs 2, 3, 6 and 7 were omitted.

(7) Article 23 is to be read as if in paragraph 5, “or Community” were omitted.

(7A) Article 25 is to be read as if paragraph 3 were omitted.

(8) Annex 3 is to read as if, in entry HP 9, in the second sentence, “in the Member States” were omitted.

Section 2C Meaning of “the Basic Safety Standards Directive” and “the Industrial Emissions Directive”

(1) In regulation 2A(8)(a)(iii) and this regulation, “ the Basic Safety Standards Directive ” means Council Directive 2013/59/Euratom laying down basic safety standards for protection against the dangers arising from exposure to ionising radiation, read in accordance with paragraphs (2) to (4).

(2) A reference to one or more member States or a competent authority in a provision imposing an obligation or conferring a discretion on a member State, member States or competent authority is to be read as a reference to the national authority or appropriate authority which, immediately before IP completion day, was responsible for the United Kingdom's compliance with that obligation or able to exercise that discretion.

(3) Article 4(79) is to be read as if “under the legislative and regulatory framework of the Member State” there were substituted “in the United Kingdom”.

(4) Annex 7 is to be read as if, in section 2—

(a) in points (c) and (d), “Community” were omitted;

(b) in point (e), in the second sentence, for “Article 75” there were substituted “ regulation 7 of the Ionising Radiation (Basic Safety Standards) (Miscellaneous Provisions) Regulations 2018 ” .

(5) In regulation 2B(3), “ the Industrial Emissions Directive ” means Directive 2010/75/EU of the European Parliament and of the Council on industrial emissions (integrated pollution prevention and control), read in accordance with paragraphs (6) and (7).

(6) Article 3 is to be read as if—

(a) in point (1)(a), for the words from “Article 1” to the end there were substituted “ Article 4(78) of the Basic Safety Standards Directive ” ;

(b) in point (10)(b), for “Member State in question” there were substituted “ United Kingdom ” ;

(c) in point (23), for the words from “point 1” to the end there were substituted “ point 1 of the second subparagraph of Article 2 of Council Directive 2009/158/EC on animal health conditions governing intra-Community trade in, and imports from third countries of, poultry and hatching eggs ” ;

(d) in point (37), for the words from “of the European” to the end there were substituted “ , read with Articles 5 and 6 of that Directive ” .

(7) Annex 1 is to be read as if—

(a) in the words before point 1, the second paragraph were omitted;

(b) in point 5.3—

(i) in point (a), in the words before point (i), for “Council Directive 91/271/EEC of 21 May 1991 concerning urban waste-water treatment” there were substituted “ the urban waste water treatment legislation ” ;

(ii) in point (b), in the words before point (i), for “Directive 91/271/EEC ” there were substituted “ the urban waste water treatment legislation ” ;

(c) in point 5.4, the reference to Council Directive 1999/31/EC of 26 April 1999 on the landfill of waste were a reference to the Landfill Directive;

(d) in point 6.9, for “Directive 2009/31/EC ” there were substituted “ the EU-derived domestic legislation which transposed Directive 2009/31/EC ” ;

(e) in point 6.11, for “Directive 91/271/EEC ” there were substituted “ the urban waste water treatment legislation ” .

(8) In paragraph (7)(b) and (e), “ the urban waste water treatment legislation ” means—

(a) in England and Wales, the Urban Waste Water Treatment (England and Wales) Regulations 1994;

(b) in Scotland, the Urban Waste Water Treatment (Scotland) Regulations 1994;

(c) in Northern Ireland, the Urban Waste Water Treatment Regulations (Northern Ireland) 2007.

(9) In paragraph (7)(c), “the Landfill Directive” means Council Directive 1999/31/EC on the landfill of waste, as last amended by Directive (EU) 2018/850, and read as if, in Article 2—

(a) in point (a) “‘waste’,” were omitted; and

(b) after point (a) there were inserted—

(aa) “waste” means anything that—

(i) is waste within the meaning of Article 3(1) of Directive 2008/98/EC , as read with Articles 5 and 6 of that Directive, and

(ii) is not excluded from the scope of that Directive by Article 2(1), (2) or (3) of that Directive;

Section 2D Meaning of producer

(1) A person is a “ producer ” for the purposes of these Regulations if one or more of the following applies—

(a) the person is established in the United Kingdom and manufactures EEE under his own name or trademark, or has EEE designed or manufactured and markets it under his own name or trademark within the United Kingdom;

(b) the person is established in the United Kingdom and resells within the United Kingdom, under his own name or trademark, EEE manufactured by other suppliers, a reseller not being regarded as the “producer” if the name or trademark of another person who is the producer appears on the EEE as provided for in sub-paragraph (a);

(c) the person is established in the United Kingdom and places on the market EEE from a country other than the United Kingdom;

(d) except where paragraph (2) applies, the person is a non-UK supplier supplying EEE directly to private households or to users other than private households in the United Kingdom.

(2) This paragraph applies where a non-UK supplier—

(a) supplies EEE to private households in the United Kingdom on an online marketplace; and

(b) is not the operator of the online marketplace on which the sale or other supply was facilitated.

(3) Where paragraph (2) applies the online marketplace operator is the producer (the “OMP producer”) in relation to the EEE supplied by the non-UK supplier.

(4) In these Regulations, reference to a producer includes an OMP producer, except as provided for by regulations 24A and 74(3).

Section 2E Meaning of non-UK supplier

In these Regulations, a “ non-UK supplier ” means a person who—

(a) supplies goods in the course of business—

(i) on an online marketplace or any other website or mobile application, or

(ii) by means of communication other than on the internet; and

(b) is not established in the United Kingdom.

Section 2F Meaning of online marketplace etc.

(1) In these Regulations, “ online marketplace ” means a website or mobile application which facilitates the sale or other supply of goods through the website or mobile application by persons other than the operator, whether or not the operator also supplies goods through the online marketplace, and for the purposes of this definition—

(a) references to a “website or mobile application” include any means by which information is made available on the internet;

(b) an online marketplace facilitates the sale or other supply of goods if it allows a person to—

(i) offer goods for sale or offer to supply goods otherwise than by sale; and

(ii) enter into a contract for the sale or other supply of those goods;

(c) “ the operator ” means the online marketplace operator.

(2) In these Regulations, “ online marketplace operator ” means, in relation to an online marketplace, the person who controls access to, and the contents of, the online marketplace provided that the person is involved in—

(a) determining any terms and conditions applicable to the sale or other supply of the goods supplied on the online marketplace;

(b) the processing, or facilitating the processing, of payment for those goods; and

(c) the ordering or delivery, or facilitating the ordering or delivery, of those goods.

Section 3 Interpretation of documents

In these Regulations—

(a) any document which is to be provided or given to any person may be provided or given to that person by electronic means if the document is capable of being reproduced by that person in legible form;

(b) any requirement to make, keep or retain a record or to maintain any register may be satisfied in electronic form if the text is capable of being produced in a legible documentary form by the person who is subject to the requirement;

(c) any requirement for a signature may be satisfied by an electronic signature incorporated into the document; and

(d) for the purposes of paragraph (c), “electronic signature” means data in electronic form which are attached to or logically associated with other electronic data and which serve as a method of authentication.

Section 4 Service of documents

(1) Any document required or authorised by these Regulations to be served on a person may be so served—

(a) by delivering it to him at or by leaving it at—

(i) the address provided by that person in accordance with these Regulations, or

(ii) his proper address;

(b) by sending it by post to him at either of the addresses mentioned in sub-paragraph (a) or by electronic means to the person’s email address provided by that person in accordance with these Regulations ;

(c) where the person is a partnership, by serving it in accordance with sub-paragraph (a) or (b) on a partner or on a person having control or management of the partnership business;

(d) where the person is a body corporate, by serving it in accordance with sub-paragraph (a) or (b) on the secretary or clerk of that body corporate; or

(e) where the person is an unincorporated body, by serving it in accordance with sub-paragraph (a) or (b) on a person having control or management of that body.

(2) For the purposes of paragraph (1), and for the purposes of section 7 of the Interpretation Act 1978 (which relates to the service of documents by post) in its application to that paragraph, the proper address of any person on whom a document is to be served in accordance with these Regulations will be his last known address except that—

(a) in the case of service on a partnership or a partner or a person having the control or management of a partnership business, it will be the principal place of business in the United Kingdom of the partnership;

(b) in the case of service on a body registered in the United Kingdom or its secretary or clerk, it will be the address of the registered office or principal place of business in the United Kingdom of the body; and

(c) in the case of service on a body that is not registered in the United Kingdom, it will be the address of the principal place of business in the United Kingdom of the body.

Section 5 Application during the transitional period

(1) During the transitional period, these Regulations apply to EEE that is within the numbered categories set out in Schedule 1.

(2) Schedule 2 is an indicative list of those types of EEE which fall within the numbered categories set out in Schedule 1.

Section 6 Application from 1st January 2019

(1) From 1st January 2019, subject to regulations 7 and 8, these Regulations apply to all EEE.

(2) Schedule 3 (categories of EEE) has effect.

(3) Schedule 4 is a non-exhaustive list of those types of EEE which fall within each of the numbered categories set out in Schedule 3.

Section 7 Exemptions

These Regulations do not apply to EEE which is—

(a) necessary for the protection of the essential interests of the security of the United Kingdom , including arms, munitions and war material intended for specifically military purposes;

(b) specifically designed and installed as part of another type of equipment that is excluded from or does not fall within the scope of these Regulations , which can fulfil its function only if it is part of that equipment;

(c) filament bulbs.

Section 8 Exclusions

These Regulations do not apply to the following EEE—

(a) equipment designed to be sent into space;

(b) large-scale stationary tools;

(c) large-scale fixed installations;

(d) any EEE constituting a means of transport for persons or goods, excluding electric two wheeled vehicles which are not type-approved;

(e) non-road mobile machinery made available exclusively for professional use;

(f) equipment specifically designed solely for the purposes of research and development that is only made available on a business-to-business basis;

(g) medical devices and in vitro diagnostic devices, where such devices are expected to be infective prior to end of life, and active implantable medical devices.

Section 9 First compliance period

These Regulations will apply in relation to the first compliance period in accordance with the provisions set out in Schedule 5.

Section 10 Assimilated law etc

Nothing in these Regulations will affect the application of assimilated law and, in relation to Northern Ireland, EU legislation which has effect by virtue of the Protocol on Ireland/Northern Ireland in the EU withdrawal agreement, imposing requirements on—

(a) safety and health;

(b) chemicals, in particular Regulation (EC) No 1907/2006 of the European Parliament and of the Council of 18th December 2006 concerning the Registration, Evaluation, Authorisation and Restriction of Chemicals ( REACH ), establishing a European Chemicals Agency;

(c) waste management; or

(d) product design.

Section 11 Financing: WEEE from private households

(1) In each compliance period, the financing of the costs of the collection, treatment, recovery and environmentally sound disposal of WEEE from private households, that—

(a) is deposited at a designated collection facility; or

(b) is returned under regulation 43, 50 or 52 but is not deposited at a designated collection facility;

during that compliance period (“the relevant WEEE”) will be the responsibility of all producers or their authorised representatives, who placed EEE onto the market in the United Kingdom in the previous compliance period, excluding producers or their authorised representatives who have registered as small producers under regulation 16 in that compliance period.

(2) Each producer or authorised representative to whom paragraph (1) applies will be responsible for financing the costs of the collection, treatment, recovery and environmentally sound disposal of an amount of the relevant WEEE.

(3) Where a producer or an authorised representative is responsible for financing an amount of WEEE under paragraph (2) the appropriate authority will calculate the amount of WEEE in tonnes to be collected by each producer or authorised representative in each category of EEE.

(4) Where a producer or authorised representative has put no EEE onto the market falling within a particular category of EEE, that producer or authorised representative will not be given an amount of WEEE in tonnes to collect and finance within that category in the following year.

(5) The amount of WEEE referred to in paragraph (2) will be calculated using information that has been provided to the appropriate authority by the producer or their authorised representative which indicates the amount of EEE which was placed onto the market in each category of EEE in the United Kingdom by that producer in the previous compliance period.

(6) The amount of WEEE for which each producer or authorised representative will be responsible under paragraph (2) will be calculated in relation to each of the categories of EEE as follows—

where—

“A” is the total amount in tonnes of EEE intended for use by private households and falling within one of the categories of EEE (“the relevant category”) that has been placed on the market in the United Kingdom by that producer or authorised representative in the previous compliance period, or part of the previous compliance period, (“the relevant compliance period”);

“B” is the total amount in tonnes of EEE intended for use by private households and falling within the relevant category that has been placed on the market in the United Kingdom by all producers and authorised representatives in the same compliance period used in “A”; and

“C” is the total amount in tonnes of WEEE from private households which is waste from electrical or electronic equipment that falls within the relevant category which the Secretary of State has determined under paragraph (7), to be the total amount in tonnes to be financed by producers and authorised representatives in that category in the compliance period that follows compliance period used in “A”.

(7) For each compliance period, the Secretary of State must , after consultation with such persons or bodies as appear to him to be representative of the interests concerned—

(a) set the amount in tonnes of WEEE falling within each category of EEE, that is to be financed by all producers to whom paragraph (1) applies who have placed EEE onto the market in the same compliance period used in A; and

(b) determine whether it is appropriate to deduct any of the following—

(i) an estimate of non-obligated WEEE,

(ii) an estimate of WEEE arising, that has been properly treated in compliance with the requirements of the Directive outside the system for the financing of the collection, treatment, recovery and environmentally sound disposal of WEEE,

(iii) an estimate of WEEE arising that will be retained under regulation 53;

from the amount in tonnes of WEEE to be collected in the United Kingdom in each compliance period.

(8) Where regulation 14(10)(a) applies to a producer—

(a) it will be the duty of the appropriate authority to determine the amount of relevant WEEE for which that producer or the authorised representative will be responsible under paragraph (2) by using the calculation set out in paragraph (6); and

(b) the appropriate authority must serve a notification in writing on that producer or the authorised representative specifying the amount in tonnes of WEEE for which he will be responsible under this regulation within 28 days of the date of the notification informing the producer or authorised representative that approval has been withdrawn from the scheme of which they are a member in accordance with regulation 58(3).

(9) The amount in tonnes of WEEE for which a producer is responsible in the relevant compliance period is the aggregate of their obligations in each category of EEE in that compliance period. Where a producer places no EEE onto the market which falls within a particular category of EEE in the previous compliance period they will have no obligation in respect of that category in the relevant compliance period.

(10) A notification served under paragraph (8)(b) must include the following information—

(a) the relevant compliance period;

(b) the amount in tonnes of the relevant WEEE, by reference to the categories of EEE, for which the appropriate authority has determined under paragraph (8) that that producer or the authorised representative will be responsible under paragraph (2);

(c) an explanation of how the amount of the relevant WEEE referred to in sub-paragraph (b) has been determined using the calculation set out in paragraph (6).

(11) For the purpose of determining the amount of relevant WEEE for which a producer or an authorised representative is responsible under paragraph (2) using the calculation set out in paragraph (6)—

(a) the appropriate authority must take account of the information provided to it—

(i) during the transitional period, in compliance with regulations 35 and 37 in relation to the previous compliance period; or

(ii) from 1st January 2019, in compliance with regulations 36 and 38 in relation to the previous compliance period; and

(iii) where applicable, by that producer or that authorised representative in compliance with a notification served under regulation 58(3);

(b) where any of the information referred to in sub-paragraph (a) has not been provided to it for any reason, the appropriate authority will make a reasonable estimate of what such information would have been had it been provided as required.

(12) Where paragraph (11)(b) applies, the appropriate authority must take account of any relevant information that is available to it in making a reasonable estimate.

(13) In this regulation—

(a) during the transitional period, “categories of EEE” means—

(i) the categories of EEE listed in Schedule 1 (excluding display equipment, appliances containing refrigerants, gas discharge lamps, LED light sources and photovoltaic panels),

(ii) display equipment,

(iii) appliances containing refrigerants,

(iv) gas discharge lamps and LED light sources; and

(v) photovoltaic panels;

(b) from 1st January 2019, “categories of EEE” means—

(i) the categories of EEE listed in Schedule 3 (excluding display equipment, appliances containing refrigerants, gas discharge lamps, LED light sources and photovoltaic panels),

(ii) display equipment,

(iii) appliances containing refrigerants,

(iv) gas discharge lamps and LED light sources; and

(v) photovoltaic panels.

Section 12 Financing: WEEE from users other than private households

(1) Each producer or authorised representative will finance the costs of collection, treatment, recovery and environmentally sound disposal of—

(a) WEEE from users other than private households arising during a compliance period from EEE placed on the market in the United Kingdom on or after 13 August 2005 (“the relevant WEEE”) by that producer or authorised representative; and

(b) WEEE from users other than private households arising during a compliance period from EEE placed on the market in the United Kingdom before 13 August 2005 where that producer or authorised representative is supplying new EEE that—

(i) is intended to replace the relevant WEEE, and

(ii) is of an equivalent type or is fulfilling the same function as the relevant WEEE.

(2) Nothing in paragraph (1) will prevent a producer from concluding an agreement with users other than private households to make alternative arrangements between themselves to finance the costs of the collection, treatment, recovery and environmentally sound disposal of WEEE.

Section 13 Producers supplying EEE by means of distance communication

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Section 14 Obligation to join a scheme

(1) A producer who is established in the United Kingdom must be a member of a scheme in respect of any compliance period or part of a compliance period, during which he places EEE on the market and the compliance period following the last compliance period during which he places EEE on the market in the United Kingdom unless paragraph (11) applies.

(1A) Paragraph (2) applies to a producer who—

(a) is a non-UK supplier supplying EEE directly to private households or to users other than private households in the United Kingdom, or

(b) is established in a country other than the United Kingdom and is an OMP producer.

(2) Where this paragraph applies, a producer must either—

(a) appoint an authorised representative who is established in the United Kingdom to fulfil his producer obligations under these Regulations on his behalf; or

(b) comply with the requirements of paragraph (1).

(3) Any authorised representative appointed under paragraph (2)(a) will—

(a) be a member of a scheme, on behalf of the producer that they represent in respect of any compliance period, or any part of a compliance period during which the producer they represent places EEE on the market and the compliance period following the last compliance period during which he places EEE on the market in the United Kingdom, unless paragraph 10 applies; and

(b) be appointed by way of written mandate.

(4) Subject to paragraph (5), a producer who is required by paragraph (1) to be a member of a scheme or an authorised representative who has been appointed under paragraph (2) must in respect of any compliance period join a scheme on or before 15th November in the year immediately preceding the commencement of that compliance period.

(4A) For the purposes of paragraph (4), a producer who discharges the obligation in paragraph (2) by complying with sub-paragraph (b) is to be treated as a producer who is required by paragraph (1) to be a member of a scheme.

(5) Where a producer does not place, or form the intention of placing, EEE on the market in the United Kingdom until after the date by which that producer or the authorised representative should have joined a scheme under paragraph (4), that producer or the authorised representative must join a scheme within 28 days of the date that he places or forms the intention of placing EEE on the market in the United Kingdom.

(6) Where paragraph (1) or (2) applies—

(a) a producer or an authorised representative who has obligations under both regulations 11 and 12 in respect of any compliance period or any part of a compliance period may join—

(i) one scheme that has been approved under regulation 55 for the purposes of regulations 28 and 29, or

(ii) one scheme that has been approved under regulation 55 for the purposes of regulation 28 and one scheme that has been approved under regulation 55 for the purposes of regulation 29; and

(b) a producer or authorised representative who has obligations under regulation 11 or 12 but not both in respect of any compliance period, or any part of a compliance period, may join—

(i) in the case of a producer or authorised representative who has obligations under regulation 11, one scheme that has been approved under regulation 55 for the purposes of regulation 28, or

(ii) in the case of a producer or authorised representative who has obligations under regulation 12, one scheme that has been approved under regulation 55 for the purposes of regulation 29.

(7) Subject to paragraph (10), where a producer or authorised representative is a member of a scheme that has been approved under regulation 55 for the purposes of regulation 28, that producer or authorised representative will be exempt from complying with any obligation that he has under regulation 11(1) or (2) in respect of a relevant compliance period during which his membership of that scheme subsists.

(8) Subject to paragraph (10), where a producer or authorised representative is a member of a scheme that has been approved under regulation 55 for the purposes of regulation 29, that producer or authorised representative will be exempt from complying with any obligation that he has under regulation 12(1) in respect of a relevant compliance period during which his membership of that scheme subsists.

(9) Where a producer or the authorised representative is a member of a scheme and he has been notified by the appropriate authority under regulation 58(3) that approval of that scheme (“the old scheme”) has been withdrawn under regulation 58(1)—

(a) that producer or the authorised representative must , within 28 days of the date of the notification served on him by the appropriate authority under regulation 58(3), become a member of a scheme (“the new scheme”); or

(b) that producer or the authorised representative must —

(i) within 28 days of the date of the notification served on him by the appropriate authority under regulation 58(3), notify the appropriate authority of his intention to become a member of a proposed scheme which is the subject of an application for approval made under regulation 55(2); and

(ii) in the case where that proposed scheme is—

(aa) approved by a decision made under regulation 55, become a member of a scheme within 28 days of the date of a notification given to that producer under regulation 55(8); or

(bb) not approved by a decision made under regulation 55, become a member of a scheme within 28 days of the date of a notification given to that producer or authorised representative under regulation 56(3).

(10) Where paragraph (9) applies and a producer or authorised representative has benefited from an exemption under paragraph (7) or (8) by virtue of his membership of the old scheme, the exemption in that paragraph will cease to apply to him and he must comply with—

(a) any obligation that he has under regulations 11(1) or 12(1) until the date he joins a new scheme; and

(b) regulation 19.

(11) A small producer or their authorised representative will not be required to join a producer compliance scheme provided that they are registered with the appropriate authority as a small producer in accordance with regulation 16.

Section 15 Registration of small producers

A small producer or an authorised representative who places EEE on the market in the United Kingdom during any compliance period or part of a compliance period must register with the appropriate authority in that compliance period unless—

(a) the details of the small producer or authorised representative already appear on a register kept by the appropriate authority under regulation 77; or

(b) the producer or authorised representative is a member of a producer compliance scheme.

Section 16 Application to register as a small producer

(1) A small producer or authorised representative who is required to register with the appropriate authority under regulation 15, must make an application for registration as a small producer—

(a) by 31st January in the compliance period to which the registration relates; or

(b) within 28 days of the date on which that producer places EEE on the market for the first time in the United Kingdom.

(2) The application for registration which is submitted to the appropriate authority must—

(a) be made in writing;

(b) be signed—

(i) where the producer or authorised representative is an individual, by that individual,

(ii) where the producer is a partnership, by a partner,

(iii) where the producer is a body registered in the United Kingdom, by a director or the company secretary of that body,

(c) contain the information set out in Part 4 of Schedule 8; and

(d) be accompanied by—

(i) tonnage data, broken down by each category of EEE, which establishes that the small producer placed less than 5 tonnes of EEE onto the market during the preceding compliance period; and

(ii) where the appropriate authority is the Environment Agency, the Natural Resources Body for Wales or SEPA, the application charge specified in regulation 59(4) ; and

(iii) where the appropriate authority is the Department of the Environment, the application charge specified in The Waste Electrical and Electronic Equipment (Charges) Regulations (Northern Ireland) 2014 .

(3) The application for registration must be granted where—

(a) the producer has complied with the requirements of paragraph (2); and

(b) the producer who is the subject of the application for registration is not already registered with an appropriate authority under this regulation in relation to the compliance period in which the application is made.

(4) Where a small producer or authorised representative submits an application in accordance with—

(a) regulation 16(1)(a), the appropriate authority must notify the producer or authorised representative in writing of the outcome of their application by no later than 28th February in the compliance period to which the application relates; or

(b) regulation 16(1)(b), the appropriate authority must notify the producer or authorised representative in writing of the outcome of their application within 28 days of the date on which the application was received by the appropriate authority.

(5) Where a small producer or authorised representative is notified that their application has been granted under paragraph (4), the approval will cover the compliance period to which the application relates.

(6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Section 17 Small producers: Conditions of registration

(1) Registration of a producer as a small producer or of an authorised representative appointed by a small producer will be subject to the following conditions—

(a) the producer complies with his obligations under Part 3, as applicable;

(b) that the producer will provide any information reasonably requested by the appropriate authority with regard to the obligations referred to in paragraph (a);

(c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(d) that the producer must , in relation to a compliance period, or any part of a compliance period, keep records in writing of the following information and submit these records to the appropriate authority by no later than 31st January in the year following the year to which the data relates—

(i) the amount in tonnes of all EEE which they have placed on the market in the United Kingdom during the compliance period which, during the transitional period, falls within—

(aa) each of the categories listed in Schedule 1 (excluding display equipment, equipment containing refrigerants gas discharge lamps and photovoltaic panels),

(bb) display equipment,

(cc) appliances containing refrigerants,

(dd) gas discharge lamps and LED light sources; and

(ee) photovoltaic panels; and

(ii) from 1st January 2019, the amount in tonnes of all EEE which they have placed on the market in the United Kingdom during the compliance period which falls within each of the following categories—

(aa) the categories of EEE listed in Schedule 3 (excluding display equipment, appliances containing refrigerants, gas discharge lamps, LED light sources and photovoltaic panels),

(bb) display equipment,

(cc) appliances containing refrigerants,

(dd) gas discharge lamps and LED light sources; and

(ee) photovoltaic panels;

(iii) for each category referred to in sub-paragraphs (i) and (ii) the amount of tonnes of EEE intended for use by—

(aa) private households; and

(bb) users other than private households.

(e) The records referred to in paragraph (d) must be kept for a period of at least four years commencing on the date on which any such record is made and must be made available to the appropriate authority on demand.

(2) Where a producer or authorised representative who has registered as a small producer in a particular compliance period places 5 tonnes of EEE or more onto the market during that compliance period, that producer or authorised representative must notify the appropriate authority that they are no longer a small producer within 28 days of the date on which they placed 5 tonnes or more of EEE onto the market.

(3) Any producer or authorised representative to whom paragraph (2) applies must join a producer compliance scheme within 28 days of the date on which they placed 5 tonnes of EEE or more onto the market in a particular compliance period.

Section 18 Information provided to operators of schemes

(1) Where a producer or an authorised representative is a member of a scheme, he must provide to the operator of that scheme any information which that operator will need to rely on for the purposes of—

(a) making an application to register a producer under regulation 26;

(b) making a notification under regulation 27;

(c) complying with a reporting requirement under regulations regulation 37 or 38, as specified in Parts 2 and 3 of Schedule 8 ; and

(d) complying with a demand to produce records under regulation 40 or 41.

(1A) In the case of an OMP producer or that producer’s authorised representative, information provided under paragraph (1)(c) must be accompanied by confirmation that any amount reported for the purposes of regulation 38(1B) has been determined in accordance with—

(a) the methodology submitted for that purpose under paragraph 11A of Part 1 of Schedule 8; or

(b) where such confirmation is not possible, the methodology as it has effect following any material change which has been notified in accordance with paragraph (1C).

(1B) In paragraph (1A)(b) a “ material change to the methodology ” includes—

(a) any change as regards information submitted under paragraph 11A of Part 1 of Schedule 8 concerning the methodology to be used to collate information;

(b) any variation of a previous material change to the methodology notified under paragraph (1C).

(1C) A material change to the methodology must be notified to the operator of the scheme within 28 days of the occurrence of any such change and the notification must include the date on which the change took place.

(2) A producer or authorised representative who provides to the operator of the scheme information to which paragraph (1) applies must —

(a) ensure that the information is in writing and is signed by—

(i) where the producer or authorised representative is an individual, that individual,

(ii) where the producer is a partnership, a partner,

(iii) where the producer is a body registered in the United Kingdom, a director or the company secretary of that body; and

(b) inform the operator of the scheme in writing of any material change in the information provided to that operator in accordance with this regulation within 28 days of the occurrence of any such change.

(3) In paragraph (2)(b), the meaning of “ material change ” includes—

(a) any change as regards information provided under paragraph 10A of Part 1 of Schedule 8 regarding whether the producer is an OMP producer including the date on which that change occurred;

(b) the details of any incapacity, bankruptcy, or entry into liquidation, receivership or administration, including the date on which the event occurred and, if applicable, the date on which it concluded.

Section 19 Declaration of Compliance

(1) Where regulation 14(10) applies and a producer or an authorised representative has any obligation under regulations 11 and 12 during a relevant compliance period, or any part of a relevant compliance period, he must provide a declaration of compliance to the appropriate authority on or before 31st March in the year that immediately follows the end of that compliance period.

(2) A declaration of compliance must —

(a) be in writing;

(b) include the information set out in Part 1 of Schedule 7; and

(c) be accompanied by copies of all evidence notes acquired in respect of the relevant compliance period to which the declaration relates.

(3) Where a producer or authorised representative is under an obligation to provide a declaration of compliance under this regulation, that declaration must be signed by—

(a) where the producer or authorised representative is an individual, that individual;

(b) where the producer is a partnership, a partner;

(c) where the producer is a body registered in the United Kingdom, a director of that body.

Section 20 Record keeping

(1) A producer to whom the obligation in regulation 14(1) applies or an authorised representative appointed by a producer under regulation 14(2) in relation to a compliance period, or any part of a compliance period, must keep records in writing of the following information during the transitional period—

(a) the amount in tonnes of all EEE which he has placed on the market in the United Kingdom during that compliance period which falls within—

(i) each of the categories listed in Schedule 1 (excluding display equipment, appliances containing refrigerants, gas discharge lamps, LED light sources and photovoltaic panels),

(ii) display equipment,

(iii) appliances containing refrigerants,

(iv) gas discharge lamps and LED light sources and

(v) photovoltaic panels; and

(b) for each category referred to in sub-paragraph (a), the amount in tonnes of EEE intended for use by—

(i) private households; and

(ii) users other than private households;

(c) for each category referred to in sub-paragraph (a), where the information is available, the amount in tonnes of EEE which he has placed on the market in the United Kingdom during that compliance period that was exported in the same compliance period.

(2) From 1st January 2019, a producer to whom the obligation in regulation 14(1) applies or an authorised representative appointed by a producer under regulation 14(2) in relation to a compliance period, or any part of a compliance period, must , keep records in writing of the amount in tonnes of all EEE which he has placed on the market in the United Kingdom during that compliance period which falls within each of the following categories—

(a) the categories listed in Schedule 3 (excluding display equipment, appliances containing refrigerants, gas discharge lamps, LED light sources and photovoltaic panels),

(b) display equipment,

(c) appliances containing refrigerants,

(d) gas discharge lamps and LED light sources; and

(e) photovoltaic panels.

(2A) For the purposes of paragraphs (1) and (2), a producer who discharges the obligation in regulation 14(2) by complying with paragraph (2)(b) of that regulation is to be treated as a producer to whom the obligation in regulation 14(1) applies.

(3) The records referred to in paragraph (2) must , for each category referred to in that paragraph , show the amount in tonnes of EEE intended for use by—

(i) private households including, as regards any EEE placed on the market by scheme members in their capacity as OMP producers, how much of that amount comprises EEE originating from non-UK suppliers ; and

(ii) users other than private households.

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

Section 21 Declaration of EEE producer registration number

A producer, or where one has been appointed, an authorised representative, must declare his EEE producer registration number to any distributor to whom he intends to sell, sells, or otherwise supplies EEE.

Section 22 Marking EEE with the crossed out wheeled bin symbol

(1) Subject to the application of regulation 24A, a producer or authorised representative must mark EEE that he places on the market with the symbol shown in Schedule 6 (“the crossed out wheeled bin symbol”).

(2) Except where paragraph (3) applies, the crossed out wheeled bin symbol must be affixed in a visible, legible and indelible form to each item of equipment.

(3) In exceptional cases, where this is necessary because of the size or function of the product, the crossed out wheeled bin symbol must be printed on—

(a) the packaging;

(b) the instructions for use; and

(c) the accompanying warranty.

Section 23 Marking EEE with a date mark

(1) Subject to the application of regulation 24A, a producer or authorised representative must mark EEE that he places on the market in such a manner that the equipment can be easily identified as having been placed on the market after 13th August 2005 (“the date mark”).

(2) The date mark must be affixed in a visible, legible and indelible form to each item of equipment.

Section 24 Information on new types of EEE

(1) Subject to the application of regulation 24A, a producer or an authorised representative must provide information free of charge, about preparation for reuse and environmentally sound treatment for each new type of EEE that has been placed on the market for the first time by that producer within one year of such equipment being placed on the market.

(2) The information mentioned in paragraph (1) must identify so far as it may be reasonably required by any person carrying out treatment activities—

(a) the different components and materials of the EEE; and

(b) the location of any dangerous substance or mixture in the EEE.

(3) A producer or authorised representative must make the information mentioned in paragraph (1) available to any person carrying out treatment activities in the form of manuals or by means of electronic media.

(4) In paragraph (2)(b), “dangerous substance or mixture” means any substance or mixture which fulfils the criteria for any of the following hazard classes or categories set out in Annex 1 to Regulation (EC) No 1272/2008 of the European Parliament and of the Council on classification, labelling and packaging of substances and mixtures, as amended from time to time—

(a) 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;

(b) 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;

(c) hazard class 4.1;

(d) hazard class 5.1.

Section 24A Exception for OMP producers

(1) This regulation applies where a requirement imposed on a producer under regulation 22, 23 or 24 would apply to a producer who is an OMP producer.

(2) Where this regulation applies—

(a) references in regulations 22, 23 or 24 to “a producer or authorised representative” are to be read as though they referred to the non-UK supplier or that person’s authorised representative supplying the EEE on the online marketplace of the OMP producer;

(b) for the purposes of any obligation placed on a non-UK supplier under sub-paragraph (a)—

(i) in sub-paragraph (f)(v) of the definition of “appropriate authority” in regulation 2—

(aa) the reference to the producer in relation to that obligation is to be read as though it referred to the non-UK supplier, and

(bb) the reference to the Environment Agency is to be read as though it referred to the Secretary of State;

(ii) the non-UK supplier may appoint an authorised representative as though the non-UK supplier were a producer making the appointment under regulation 14(2);

Section 25 Registration of producers

(1) Subject to paragraph (2), an operator of a scheme must register each scheme member, with the appropriate authority for each compliance period, or part of a compliance period, during which that producer’s membership of the scheme subsists.

(2) Paragraph (1) will not apply where regulation 27 applies.

Section 26 Application to register producers and authorised representatives

(1) Subject to paragraph (2), an operator of a scheme who is required by regulation 25 to register the scheme members of that scheme must for the purpose of registering scheme members for any compliance period, or any part of a compliance period, make an application to the appropriate authority on or before 30th November in the year immediately preceding the commencement of that compliance period.

(2) Where a producer or an authorised representative becomes a member of a scheme after 15th November in the year immediately preceding the commencement of the relevant compliance period, the operator of the scheme must make an application to register that producer or authorised representative to the appropriate authority within 28 days of the date when that producer or authorised representative becomes a member of the scheme.

(3) Where the operator of the scheme is a partnership, an application for registration made under paragraphs (1) or (2) must be made by any partner acting on behalf of the partnership.

(4) An application for registration made under paragraph (1) or (2) must —

(a) be submitted in writing or online;

(b) contain the information set out in Part 1 of Schedule 8 which, must be submitted in the format published by the appropriate authority under regulation 77; and

(c) be accompanied by evidence that the operator of the scheme has been approved by the appropriate authority under regulation 55.

(5) An application for registration must be granted where—

(a) the operator of the scheme has complied with the requirements of paragraph (4);

(b) the scheme has been approved by the appropriate authority under regulation 55; and

(c) the producer or the authorised representative who is the subject of the application is not already registered with an appropriate authority under this regulation in relation to the relevant compliance period.

(6) Where an application for registration is granted in respect of any compliance period, the appropriate authority must , on or before 15th January of that compliance period or within 28 days of the date of an application made under paragraph (2), whichever is the later—

(a) confirm to the operator of the scheme in writing that specified scheme members are registered with it for that compliance period; and

(b) subject to paragraph (11), issue an EEE producer registration number for each registered scheme member.

(7) Where an application for registration made under paragraph (1) is granted, the registration of any scheme member who is the subject of that application will take effect for the whole of the compliance period in respect of which the application was made.

(8) Where an application for registration made under paragraph (2) is granted, the registration of any scheme member who is the subject of that application will take effect from the date the application is granted or the date of the commencement of the relevant compliance period, whichever is the later, until the end of the relevant compliance period.

(9) Any information provided to the appropriate authority under this regulation must be as accurate and complete as reasonably possible.

(10) Where a scheme member notifies a scheme operator of a change in their details under regulation 18(1C) or (2) , a scheme operator must notify the appropriate authority of this change within 28 days of receiving notification from the scheme member.

(11) Where a scheme member has been issued with an EEE producer registration number by an appropriate authority in respect of a previous application made under this regulation within the last five years, the appropriate authority must not issue a new EEE producer registration number but must confirm to the operator of the scheme that that scheme member will retain his previous EEE producer registration number.

Section 27 Notification of new scheme member

(1) Where a producer or an authorised representative becomes a member of a scheme in respect of a particular compliance period and is already registered with an appropriate authority in relation to that compliance period, the operator of the scheme must notify that appropriate authority within 28 days of the date when that producer or authorised representative becomes a member of the scheme.

(2) A notification made under paragraph (1) must —

(a) be made in writing;

(b) contain the information set out in Part 1 of Schedule 8 , which must be submitted in the format published by the appropriate authority under regulation 77; and

(c) be accompanied by evidence that the scheme has been approved by the appropriate authority under regulation 55.

(3) Any information provided to the appropriate authority under this regulation must be as complete and accurate as reasonably possible.

Section 27A Notification of scheme member in liquidation etc. and obligations in relation to that scheme member

(1) Where, in any compliance period, a scheme member goes into liquidation or receivership or enters administration, the scheme ceases to have obligations under regulation 28(1) or 29(1) in relation to that scheme member for—

(a) the remainder of the compliance period; and

(b) if the scheme member is already registered with that scheme for that compliance period, the following compliance period.

(2) Where paragraph (1) applies, the operator of that scheme must notify the appropriate authority within 28 days of the date that the operator was notified of the liquidation, receivership or administration.

(3) A notification made under paragraph (1) must—

(a) be made in writing;

(b) inform the authority of the fact and the date of the liquidation, receivership or administration;

(c) be accompanied by evidence that the scheme member has gone into liquidation or receivership or entered administration.

(4) If, on the date of entry into liquidation, receivership or administration, the scheme member is already registered with the scheme for the following compliance period, the operator of the scheme must notify the appropriate authority in writing of the details of the conclusion of the liquidation, receivership or administration.

(5) The notification referred to in paragraph (4) must be made within 28 days of the operator of the scheme receiving notification of the information referred to in that paragraph.

(6) In this regulation, in relation to a producer who is an individual, the references to a person going into liquidation or receivership or entering into administration are to be construed as references to a person dying or becoming bankrupt or incapacitated, and cognate expressions are to be construed accordingly.

Section 28 Financing: WEEE from private households

(1) Where regulation 14(7) applies in relation to a scheme, the operator of that scheme will be responsible for financing the costs referred to in regulation 11(1) for which each scheme member is responsible under regulation 11 in any compliance period, or any part of a compliance period, during which his membership of that scheme subsists.

(2) It will be the duty of the appropriate authority to determine the amount of relevant WEEE for which each operator of a scheme will be responsible under paragraph (1) by applying the calculation set out in paragraph (3).

(3) The amount of the relevant WEEE for which each operator of a scheme will be responsible under paragraph (2) will be calculated in relation to each of the categories of EEE as follows—

where—

“A” is the total amount in tonnes of EEE intended for use by private households and falling within one of the categories of EEE (“the relevant category”) that has been placed on the market in the United Kingdom by all scheme members in the previous compliance period, or part of the previous compliance period (“the relevant compliance period”) during which their membership of that scheme subsists;

“B” is the total amount in tonnes of EEE intended for use by private households and falling within the relevant category that has been placed on the market in the United Kingdom by all producers and authorised representatives in the same compliance period used in “A”; and

“C” is the total amount in tonnes of WEEE from private households which is waste from electrical or electronic equipment that falls within the relevant category which the Secretary of State has determined under paragraph (5) to be the total amount in tonnes to be financed by producers and authorised representatives in that category in the compliance period that follows compliance period used in “A”.

(4) Where paragraph (1) applies—

(a) it will be the duty of the appropriate authority to determine the amount of relevant WEEE for which that operator of a scheme will be responsible under paragraph (2) by using the calculation set out in paragraph (3); and

(b) the appropriate authority must serve a notification in writing on that operator of a scheme specifying the total amount in tonnes of WEEE for which he will be responsible under this regulation on or before 31st March of the relevant compliance period.

(5) For each compliance period, the Secretary of State must , after consultation with such persons or bodies as appear to him representative of the interests concerned—

(a) set the amount in tonnes of WEEE falling within each category of EEE, that is to be financed by all producers to whom paragraph (1) applies who have placed EEE onto the market in the same compliance period used in A; and

(b) determine whether it is appropriate to deduct any of the following—

(i) an estimate of non-obligated WEEE,

(ii) an estimate of WEEE arising, that has been properly treated in compliance with the requirements of the Directive outside the system for the financing of the collection, treatment, recovery and environmentally sound disposal of WEEE; and

(iii) an estimate of WEEE arising that will be retained under regulation 53

from the amount in tonnes of WEEE to be collected in the United Kingdom each compliance period.

(6) The total amount in tonnes of WEEE for which a scheme is responsible in each compliance period is the aggregate of their obligations in each category of EEE in that compliance period.

(7) A notification served under paragraph (4)(b) must include the following information—

(a) the relevant compliance period;

(b) the amount in tonnes of the relevant WEEE, by reference to the categories of EEE, for which the appropriate authority has determined that the scheme will be responsible under paragraph (1);

(c) an explanation of how the amount of the relevant WEEE referred to in sub-paragraph (b) has been determined using the calculation set out in paragraph (3).

(8) For the purpose of determining the amount of relevant WEEE for which a scheme will be responsible under paragraph (1) using the calculation set out in paragraph (3)—

(a) the appropriate authority must take account of the information provided to it—

(i) during the transitional period, in compliance with regulations 35 and 37 in relation to the previous compliance period, or

(ii) from 1st January 2019, in compliance with regulations 36 and 38 in relation to the previous compliance period, and

(iii) where applicable , by that producer or the authorised representative in compliance with a notification served under regulation 58(3); and

(b) where any of the information referred to in sub-paragraph (a) has not been provided to it for any reason, the appropriate authority will make a reasonable estimate of what such information would have been had it been provided as required.

(9) Where paragraph (8)(b) applies, the appropriate authority must take account of any relevant information that is available to it in making a reasonable estimate.

(10) In this regulation,

(a) during the transitional period, “categories of EEE” means—

(i) the categories of EEE listed in Schedule 1 (excluding display equipment, appliances containing refrigerants, gas discharge lamps, LED light sources and photovoltaic panels),

(ii) display equipment,

(iii) appliances containing refrigerants,

(iv) gas discharge lamps and LED light sources; and;

(v) photovoltaic panels; and

(b) from 1st January 2019, “categories of EEE” means—

(i) the categories of EEE listed in Schedule 3 (excluding display equipment, appliances containing refrigerants, gas discharge lamps, LED light sources and photovoltaic panels),

(ii) display equipment,

(iii) appliances containing refrigerants,

(iv) gas discharge lamps and LED light sources; and

(v) photovoltaic panels.

(11) Where the appropriate authority grants an application made under regulation 26(2) or receives a notification under regulation 26(10), 27(1) or 27A(2) or (4) that may have the effect of changing the amount of relevant WEEE for which that operator of a scheme will be responsible under paragraph (1) the appropriate authority must —

(a) re-determine the amount of relevant WEEE for which that operator of a scheme will be responsible under paragraph (2) by adjusting as appropriate the figure “A” in the calculation set out in paragraph (4)(a); and

(b) serve a revised notification on that operator of a scheme in accordance with paragraph 4(b) within 28 days of the grant being approved or the notification being received by the appropriate authority.

(12) Where the appropriate authority issues a revised notification under paragraph 11(b), any notification that:

(a) has been issued under paragraph 4(b) or 11(b) , and;

(b) relates to the same compliance period as the revised notification;

will be superseded by the revised notification issued under paragraph 11(b).

Section 29 Financing: WEEE from users other than private households

(1) Where regulation 14(8) applies in relation to a scheme, the operator of that scheme will be responsible for financing the costs referred to in regulation 12(1) for which each scheme member is responsible under regulation 12 in any compliance period, or any part of a compliance period, during which his membership of that scheme subsists.

(2) Nothing in paragraph (1) will prevent an operator of a scheme who is acting on behalf of a scheme member from concluding an agreement whereby the parties to the agreement make alternative arrangements between themselves to finance the costs of the collection, treatment, recovery and environmentally sound disposal of WEEE.

Section 30 Prioritisation of the reuse of whole appliances

In respect of any WEEE for which it is responsible under these Regulations, an operator of a scheme must ensure that systems are set up to prioritise the reuse of whole appliances.

Section 31 Treatment

(1) In respect of any WEEE for which it is responsible under these Regulations, an operator of a scheme must ensure—

(a) that systems are set up to provide for the separate collection and treatment of such WEEE using the best available collection, treatment, recovery and recycling techniques; and

(b) that such WEEE is—

(i) treated at an ATF, or

(ii) exported by an approved exporter for treatment outside the United Kingdom.

(2) Paragraph (1)(b) does not apply to WEEE reused as a whole appliance.

Section 32 Recovery

(1) In respect of any WEEE for which it is responsible under these Regulations, an operator of a scheme must ensure—

(a) that systems are set up to provide for the recovery of such WEEE; and

(b) that such WEEE is—

(i) recovered or recycled by a reprocessor, or

(ii) exported by an approved exporter for recovery or recycling outside the United Kingdom.

(2) Paragraph 1(b) will not apply to WEEE reused as a whole appliance.

Section 33 Payment of a compliance fee

(1) Where a scheme has not financed the collection, treatment, recovery and environmentally sound disposal of the total amount of WEEE in each of the WEEE categories for which its members are responsible under regulation 11, through—

(a) collecting WEEE from designated collection facilities; or

(b) collecting WEEE that has been returned under regulation 43 or 52 but is not deposited at a designated collection facility; or

(c) arrangements with third parties; or

(d) collecting WEEE under regulation 50; or

(e) a combination of (a), (b), (c) and (d);

the operator of that scheme may choose to finance the collection, treatment, recovery and environmentally sound disposal of the amount of WEEE in tonnes which is equal to the amount in tonnes of WEEE which that scheme has not collected within the compliance period by paying a compliance fee.

(2) The amount of WEEE for which any scheme that chooses to pay the compliance fee under paragraph (1) will be responsible, will be calculated in relation to each of the categories of EEE as follows—

where—

“A” is the total amount in tonnes of EEE intended for use by private households and falling within one of the categories of EEE (“the relevant category”) that has been placed on the market in the United Kingdom by all of the members of a particular scheme in the previous compliance period, or part of the previous compliance period (“the relevant compliance period”) during which their membership of that scheme subsists;

“B” is the total amount in tonnes of EEE intended for use by private households and falling within the relevant category that has been placed on the market in the United Kingdom by all producers and authorised representatives in the same compliance period used in “A”;

“C” is the total amount in tonnes of WEEE from private households which is waste from electrical or electronic equipment that falls within the relevant category which the Secretary of State has determined under regulation 28(5) to be the total amount in tonnes to be financed by producers and authorised representatives in that category in the compliance period that follows compliance period used in “A”; and

“D” is the total amount in tonnes of WEEE from private households that has been financed by the scheme in the relevant category during the compliance period used in “C”.

(3) A scheme operator who elects to pay the compliance fee referred to in paragraph (1) must ensure that the fee is paid to a third party approved by the Secretary of State under regulation 76 by 31st March in the compliance period following that to which the fee relates.

Section 34 Collection Arrangements

(1) If paragraph (2) applies, the operator of a designated collection facility may require any scheme operator to arrange for the collection and treatment of deposited WEEE from that facility.

(2) This paragraph applies where there is no contract in place for the collection and treatment of WEEE that is in the same WEEE collection stream as deposited WEEE between the operator of the designated collection facility and—

(a) the scheme operator required to take action under paragraph (1), or

(b) any other scheme operator.

(3) Nothing in this regulation—

(a) prevents the operator of the designated collection facility from contacting more than one scheme operator before taking action under paragraph (1);

(b) prevents the scheme operator required to take action under paragraph (1) from entering into an arrangement with other scheme operators to arrange for the collection and treatment of the deposited WEEE;

(ba) prevents the fulfilment by an approved PBS (within the meaning of regulation 34B) of a requirement under paragraph (1) to arrange for the collection and treatment of the deposited WEEE;

(c) obliges the scheme operator required to take action under paragraph (1) to collect and treat any WEEE which the operator of the designated collection facility is approved to retain under regulation 53.

(4) In this regulation—

“deposited WEEE” means WEEE deposited at the designated collection facility mentioned in paragraph (1);

“operator of a designated collection facility means—

a local authority, or

a person operating a designated collection facility on behalf of a local authority;

“scheme operator” means an operator of a scheme approved under regulation 55 for the purpose of complying with obligations under regulation 28 relating to WEEE from private households.

Section 34A PBS: procedure for approval

Any person or body may, on or before 1st March 2019, propose a PBS for approval by the Secretary of State.

(2) The Secretary of State must consult such persons or bodies as appear to the Secretary of State representative of the interests concerned on any PBS proposed by—

(a) any person or body in accordance with paragraph (1); or

(b) the Secretary of State.

(3) Such consultation must commence on or before 1st May 2019.

(4) Subject to paragraph (12), the Secretary of State, having consulted in accordance with paragraphs (2) and (3), must approve the PBS, or as the case may be one of the PBS, on which the Secretary of State has consulted, with or without amendments.

(5) Within a period of 3 years, beginning with 1st January 2019 and thereafter within each period of 3 years beginning with the day after the end of the previous period of 3 years, the Secretary of State must commence a review of the PBS which is in operation at the time the review commences (“the current PBS”).

(6) A review under paragraph (5) must take into account—

(a) any amendments to the current PBS proposed by—

(i) any person or body; or

(ii) the Secretary of State; and

(b) any new PBS proposed by—

(i) any person or body; or

(ii) the Secretary of State.

(7) When carrying out a review under paragraph (5), the Secretary of State must consult such persons or bodies as appear to the Secretary of State representative of the interests concerned on—

(a) the current PBS, with or without proposed amendments; and

(b) any new proposed PBS.

(8) Subject to paragraph (12), the Secretary of State, having consulted in accordance with paragraph (7), must—

(a) approve the current PBS, to continue with or without amendments; or

(b) where one or more new PBS has been proposed in accordance with paragraph (6)(b), approve the new PBS or, as the case may be, one of the new PBS, with or without amendments.

(9) Where the Secretary of State approves a new PBS or the current PBS with amendments under paragraph (8), the Secretary of State must at the same time withdraw approval of the PBS which is in operation at the time of the review.

(10) Any proposal for a PBS under paragraph (1) or (6)(b)(i) must—

(a) be made in writing;

(b) include the information set out in Part 1 of Schedule 8A; and

(c) be submitted to the Secretary of State prior to the commencement of any review under paragraph (5).

(11) Any proposed amendment to a PBS under paragraph (6)(a)(i) must be submitted to the Secretary of State in writing prior to the commencement of any review under paragraph (5).

(12) The Secretary of State may not approve a PBS unless the requirements set out in Part 2 of Schedule 8A are met.

Section 34B Obligation to join a PBS

(1) During a relevant period every scheme that has been approved under regulation 55 for the purpose of regulation 28 must be a member of a PBS which has been approved under regulation 34A and in respect of which the approval has not been withdrawn under that regulation (an approved PBS).

(2) In this regulation “relevant period” means the period beginning 30 days after a PBS is approved and ending when such approval is withdrawn.

Section 35 Reporting: WEEE during the transitional period

(1) An operator of a scheme must provide to the appropriate authority information on—

(a) the total amount in tonnes of WEEE that the operator has been responsible for collecting from a designated collection facility;

(b) the total amount in tonnes of WEEE that the operator has been responsible for delivering to an AATF for treatment or to an approved exporter of whole appliances for reuse outside the United Kingdom;

(c) the total amount in tonnes of WEEE that has been returned to the operator under regulation 43;

(d) the total amount in tonnes of WEEE that the operator has taken back under regulation 52 ;

during a relevant compliance period.

(2) The information referred to in paragraph (1) must be—

(a) in writing;

(b) either submitted in the format published by the appropriate authority under regulation 79 or online; and

(c) provided—

(i) on or before 30th April in a relevant compliance period in respect of the first quarter period in that compliance period,

(ii) on or before 31st July in a relevant compliance period in respect of the second quarter period in that compliance period,

(iii) on or before 31st October in a relevant compliance period in respect of the third quarter period in that compliance period; and

(iv) on or before 31st January in the year immediately following the end of a relevant compliance period in respect of the fourth quarter period in that compliance period.

(3) The information referred to in paragraph (1) must , during the transitional period—

(a) specify the amount in tonnes of WEEE by reference to each of the following categories—

(i) the categories listed in Schedule 1 (excluding display equipment, appliances containing refrigerants, gas discharge lamps, LED light sources and photovoltaic panels),

(ii) display equipment,

(iii) appliances containing refrigerants,

(iv) gas discharge lamps and LED light sources; and

(v) photovoltaic panels; and

(b) for each category referred to in sub-paragraph (a), specify the amount in tonnes of—

(i) WEEE from private households; and

(ii) WEEE from users other than private households.

(4) The information referred to in paragraph (1)(b) must specify to which AATF or approved exporter the relevant WEEE was delivered.

Section 36 Reporting: WEEE from 1st January 2019

(1) From 1st January 2019, an operator of a scheme must provide to the appropriate authority information on—

(a) the total amount in tonnes of WEEE that the operator has been responsible for collecting from a designated collection facility;

(b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(c) the total amount in tonnes of WEEE that has been returned to the operator under regulation 43;

(d) the total amount in tonnes of WEEE that the operator has taken back under regulation 52 ;

during a relevant compliance period.

(2) The information referred to in paragraph (1) must be provided—

(i) on or before 30th April in a relevant compliance period in respect of the first quarter period in that compliance period,

(ii) on or before 31st July in a relevant compliance period in respect of the second quarter period in that compliance period,

(iii) on or before 31st October in a relevant compliance period in respect of the third quarter period in that compliance period; and

(iv) on or before 31st January in the year immediately following the end of a relevant compliance period in respect of the fourth quarter period in that compliance period.

(3) The information referred to in paragraph (1) must be—

(a) in writing;

(b) either submitted in the format published by the appropriate authority under regulation 79 or online;

(c) specify the amount in tonnes of WEEE by reference to each of the following categories—

(i) the categories listed in Schedule 3 (excluding display equipment, appliances containing refrigerants, gas discharge lamps, LED light sources and photovoltaic panels,

(ii) display equipment,

(iii) appliances containing refrigerants,

(iv) gas discharge lamps and LED light sources; and

(v) photovoltaic panels; and

(d) for each category referred to in sub-paragraph (c) , specify the amount in tonnes of—

(i) WEEE from private households; and

(ii) WEEE from users other than private households.

(4) The information referred to in paragraph (1)(b) must specify to which AATF or approved exporter the relevant WEEE was delivered.

Section 37 Reporting: EEE placed on the market during the transitional period

(1) An operator of a scheme must provide to the appropriate authority information on the total amount in tonnes of EEE that each member of that scheme has placed on the market in the United Kingdom in each compliance period, or part of a compliance period, during which his membership of that scheme subsists.

(1A) For the purposes of calculating the information referred to in paragraph (1), the operator of a scheme may deduct from the total amount of EEE that each member of that scheme has placed on the market in the United Kingdom, EEE which that member has placed on the market in the United Kingdom and which was exported in the same compliance period.

(2) The information referred to in paragraph (1) must , during the transitional period—

(a) be provided in writing or online;

(b) specify the amount in tonnes of EEE by reference to each of the following categories—

(i) the categories listed in Schedule 1 (excluding display equipment, appliances containing refrigerants, gas discharge lamps, LED light sources and photovoltaic panels),

(ii) display equipment,

(iii) appliances containing refrigerants,

(iv) gas discharge lamps and LED light sources; and

(v) photovoltaic panels;

(c) for each category of EEE referred to in sub-paragraph (b), specify the amount in tonnes of—

(i) EEE intended for use by private households; and

(ii) EEE intended for use by users other than private households;

(d) be provided for EEE intended—

(i) for use by private households for each quarter period of a relevant compliance period on or before the last day of the month that immediately follows the end of that quarter period, and

(ii) for use by users other than private households on or before 31st January of the year immediately following the end of the relevant compliance period;

(e) be submitted in the format published in regulation 79.

Section 38 Reporting: EEE placed on the market from 1st January 2019

(1) From 1st January 2019, an operator of a scheme must provide to the appropriate authority information on the total amount in tonnes of EEE that each member of that scheme has placed on the market in the United Kingdom in each compliance period, or part of a compliance period, during which his membership of that scheme subsists.

(1A) For the purposes of calculating the information referred to in paragraph (1), the operator of a scheme may deduct from the total amount of EEE that each member of that scheme has placed on the market in the United Kingdom, EEE which that member has placed on the market in the United Kingdom and which was exported in the same compliance period.

(1B) As regards EEE placed on the market by each scheme member in their capacity as an OMP producer, the information referred to in paragraph (1) must include a breakdown of how much of the total amount comprises EEE originating from non-UK suppliers.

(1C) Any information reported for the purposes of paragraph (1B) must be accompanied by—

(a) confirmation that the relevant amount has been determined in accordance with the methodology submitted for that purpose under paragraph 11A of Part 1 of Schedule 8; or

(b) where such confirmation was not provided by the scheme member, confirmation that the relevant amount has been determined in accordance with a material change to the methodology notified in accordance with regulation 18(1C).

(2) From 1st January 2019 the information referred to in paragraph (1) must —

(a) be in writing; and

(b) specify the amount in tonnes of EEE by reference to each of the following categories—

(i) the categories listed in Schedule 3 (excluding display equipment, appliances containing refrigerants, gas discharge lamps, LED light sources and photovoltaic panels),

(ii) display equipment,

(iii) appliances containing refrigerants,

(iv) gas discharge lamps and LED light sources; and

(v) photovoltaic panels;

(c) for each category of EEE referred to in sub-paragraph (b), specify the amount in tonnes of—

(i) EEE intended for use by private households; and

(ii) EEE intended for use by users other that private households.

(3) The information referred to in paragraph (1) must be provided for EEE intended—

(a) for use by private households for each quarter period of a relevant compliance period on or before the last day of the month that immediately follows the end of that quarter period;

(b) for use by users other than private households on or before 31st January of the year immediately following the end of the relevant compliance period; and

(c) must be submitted in the format published by the appropriate authority under regulation 79.

Section 39 Declaration of compliance

(1) Where an operator of a scheme has any obligation in relation to—

(a) WEEE from private households under regulation 28, 31 or 32; or

(b) WEEE from users other than private households under regulation 29, 31 or 32 during a relevant compliance period

that operator of a scheme must provide a declaration of compliance to the appropriate authority on or before 31st March of the year that immediately follows the end of that compliance period.

(2) A declaration of compliance must—

(a) be made in writing;

(b) include the information set out in Part 2 of Schedule 7;

(c) be accompanied by copies of all evidence notes acquired in respect of the relevant compliance period to which the declaration relates; and

(d) where a scheme operator has elected to pay a compliance fee in relation to regulation 33, contain evidence that the compliance fee has been paid.

(3) Where an operator of a scheme is under an obligation to provide a declaration of compliance under this regulation, that declaration must be signed by—

(a) where that operator of a scheme is an individual, that individual;

(b) where that operator of a scheme is a partnership, a partner;

(c) where that operator of a scheme is a body registered in the United Kingdom, a director of that body; and

(d) where that operator of a scheme is a body that is not registered in the United Kingdom, the individual who has control or management of that body.

Section 40 Record keeping: transitional period

(1) Each operator of a scheme who has obligations under regulation 28, 29, 31 or 32 in relation to any compliance period, or any part of a compliance period must , during the transitional period, keep records of the following information—

(a) the amount in tonnes of all WEEE which that operator of a scheme has delivered to or collected from or caused to be deposited at or collected from—

(i) a designated collection facility,

(ii) an AATF, or

(iii) an approved exporter, during that compliance period, or that part of a compliance period;

(b) the categories of the WEEE referred to in sub-paragraph (a) by reference to—

(i) each of the categories listed in Schedule 1 (excluding display equipment, appliances containing refrigerants, gas discharge lamps, LED light sources and photovoltaic panels),

(ii) display equipment,

(iii) appliances containing refrigerants,

(iv) gas discharge lamps and LED light sources; and

(v) photovoltaic panels;

(c) for each category referred to in sub-paragraph (b), specify the amount in tonnes of—

(i) WEEE from private households, and

(ii) WEEE from users other than private households; and

(d) the amount in tonnes of WEEE reused as a whole appliance.

(2) The records referred to in this regulation must be kept for a period of at least four years commencing on the date on which any such record is made and must be made available to the appropriate authority on demand.