The Waste Electrical and Electronic Equipment Regulations 2006

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"the Directive" means Directive 2002/96/EC of the European Parliament and of the Council of 27th January 2003 on waste electrical and electronic equipment (WEEE)[3] as amended by Directive 2003/108/EC of the European Parliament and of the Council of 8th December 2003 on waste electrical and electronic equipment (WEEE)[4];

"AATF" means an approved authorised treatment facility;

"ATF" means an authorised treatment facility;

"approved authorised treatment facility" means an authorised treatment facility which is approved under regulation 47;

"approved exporter" means an exporter who is approved under regulation 47;

"appropriate authority" means—

(a) for the purposes of any provision of these Regulations relating to the exercise of the functions of the appropriate authority in England or Wales, the Environment Agency;

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

(c) for the purposes of any provision of these Regulations relating to the exercise of the functions of the appropriate authority in Northern Ireland, the Department of the Environment;

(d) for the purposes of Part 3 relating to the obligations of a producer under regulations 8, 10, 12 and 13, the appropriate authority who has registered that producer in respect of the relevant compliance period, or the relevant part of a compliance period, under regulation 20;

(e) for the purposes of Part 3 relating to the obligations of a producer under regulation 18—


(i) where the producer's registered office or principal place of business is in England or Wales, the Environment Agency;

(ii) where the producer's registered office or principal place of business is in Scotland, SEPA;

(iii) where the producer's registered office or principal place of business is in Northern Ireland, the Department of the Environment;



(f) for the purposes of Part 4 relating to the obligations of an operator of a scheme, the appropriate authority which granted approval of that operator's scheme under regulation 41;

(g) for the purposes of Part 7 relating to the approval of schemes—



(i) where the operator of the scheme's registered office or principal place of business is in England or Wales, the Environment Agency;

(ii) where the operator of the scheme's registered office or principal place of business is in Scotland, SEPA;

(iii) where the operator of the scheme's registered office or principal place of business is in Northern Ireland, the Department of the Environment;



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



(i) where the operator of the ATF's or the exporter's registered office or principal place of business is in England or Wales, the Environment Agency;

(ii) where the operator of the ATF's or the exporter's registered office or principal place of business is in Scotland, SEPA; and

(iii) where the operator of the ATF's or the exporter's registered office or principal place of business is in Northern Ireland, the Department of the Environment;



(i) for the purposes of Schedule 9 relating to designated collection facilities—



(i) where the operator of the collection facility's registered office or principal place of business is in England or Wales, the Environment Agency;

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

(iii) where the operator of the collection facility's registered office or principal place of business is in Northern Ireland, the Department of the Environment;

"authorised treatment facility" means any facility operated by an establishment or undertaking carrying out treatment and which is licensed or otherwise permitted under or by virtue of any legislation made in the United Kingdom, or in any part of the United Kingdom, which implements Article 6 of the Directive;

"code of practice" means the code of practice issued by the Secretary of State under regulation 57;

"compliance period" means—

(a) the first compliance period; or

(b) any year following the first compliance period;

"cooling appliances containing refrigerants" means—

(a) large cooling appliances,

(b) refrigerators,

(c) freezers, and

(d) other large appliances for refrigeration, conservation and storage of food,

that fall within category 1 of Schedule 1;

"dangerous substance or preparation" means any substance or preparation which has to be considered dangerous under Council Directive 67/548/EEC of 27th June 1967 on the approximation of laws, regulations and administrative provisions relating to the classification, packaging and labelling of dangerous substances[5] or Directive 1999/45/EC of the European Parliament and of the Council of 31st May 1999 concerning the approximation of laws, regulations and administrative provisions of the Member States relating to the classification, packaging and labelling of dangerous preparations[6];

"declaration of compliance" means the declaration of compliance referred to in regulation 12(1) or 29(1);

"Department of the Environment" means the Department of the Environment in Northern Ireland;

"designated collection facility" means any establishment or undertaking carrying out collection operations and which is approved by the Secretary of State under regulation 55;

"display equipment" means—

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

(b) television sets that fall within category 4 of Schedule 1;

"disposal" means any of the applicable operations provided for in Annex IIA to Directive 2006/12/EC of the European Parliament and of the Council on Waste[7];

"distributor" means any person who provides electrical or electronic equipment on a commercial basis to the party who is going to use it;

"distributor take back scheme" means a distributor take back scheme approved by the Secretary of State under regulation 54;

"EEE" means electrical and electronic equipment;

"EEE producer registration number" means the registration number issued to a producer by the appropriate authority under regulation 20;

"EEA" means the European Economic Area;

"electrical and electronic equipment" means equipment which is dependent on electric currents or electromagnetic fields in order to work properly and equipment for the generation, transfer and measurement of such currents and fields falling under the categories set out in Schedule 1 to these Regulations and designed for use with a voltage rating not exceeding 1,000 volts for alternating current and 1,500 volts for direct current;

"enforcement authority" has the meaning given in regulation 70(5);

"enforcement notice" means a notice in writing served in accordance with regulation 71;

"enforcement officer" has the meaning given in regulation 72(13);

"Environment Agency" means the body established under section 1(1) of the Environment Act 1995[8];

"evidence note" means any of the following—

(a) an evidence note issued, in the format approved by the Secretary of State under regulation 58(2), by—


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


(aa) treatment at an ATF, and

(bb) recovery and recycling at a reprocessor, or



(ii) an approved exporter, as evidence of the export of the tonnage of WEEE specified in the note for treatment, recovery and recycling outside the United Kingdom; and



(b) an evidence note issued by the Secretary of State under regulation 58;

"exporter" means a person who, in the ordinary course of conduct of a trade, occupation or profession, exports WEEE for treatment, recovery and recycling outside the United Kingdom;

"financial year" in relation to a scheme member—

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


(i) section 223(1) to (3) of the Companies Act 1985[9], or

(ii) article 231(1) to (3) of the Companies (Northern Ireland) Order 1986[10]; and



(b) in any other case has the meaning given in—



(i) section 223(4) of the Companies Act 1985, or

(ii) article 231(4) of the Companies (Northern Ireland) Order 1986,



but as if the reference there to an undertaking were a reference to that scheme member;

"first compliance period" means the period commencing on 1st July 2007 and ending with 31st December 2007;

"first quarter period" means a period commencing on 1st January and ending with 31st March;

"fourth quarter period" means a period commencing on 1st October and ending with 31st December;

"gas discharge lamp" means a gas discharge lamp that falls within category 5 of Schedule 1;

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

"member State" includes Norway, Iceland and Lichtenstein[11];

"new scheme" has the meaning given in regulation 10(7);

"old scheme" has the meaning given in regulation 10(7);

"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 41;

"operator of a proposed scheme" means the operator of a proposed scheme that is the subject of an application for approval made under regulation 41;

"Planning Appeals Commission" means the Planning Appeals Commission constituted under Article 110 of the Planning (Northern Ireland) Order 1991[12];

"premises" includes any land or means of transport;

"producer" means any person who, irrespective of the selling technique used, including by means of distance communication in accordance with Directive 97/7/EC[13] as amended by Directive 2002/65/EC[14] on the protection of consumers in respect of distance contracts—

(a) manufactures and sells electrical and electronic equipment under his own brand;

(b) resells under his own brand equipment produced by other suppliers, a reseller not being regarded as the "producer" if the brand of the producer appears on the equipment, as provided for in sub-paragraph (a); or

(c) imports or exports electrical and electronic equipment on a professional basis into a member State;

"proposed scheme" means a proposed scheme that is the subject of an application for approval made under regulation 41;

"quarter period" means—

(a) the first quarter period;

(b) the second quarter period;

(c) the third quarter period;

(d) the fourth quarter period;

"recovery" means any of the applicable operations provided for in Annex IIB to Directive 2006/12/EC, and "recover", "recovered" and "recovery operation" shall be construed accordingly;

"recycling" means the reprocessing in a production process of the waste materials for the original purpose or for other purposes, but excluding energy recovery which means the use of combustible waste as a means of generating energy through direct incineration with or without other waste but with recovery of the heat, and "recycled" and "recycling operation" shall be construed accordingly;

"register of producers" means the register of producers maintained by the appropriate authority under regulation 60;

"registered in the United Kingdom" means——

(a) registered under the Companies Act 1985 or under the former Companies Acts (as defined in that Act); or

(b) 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 47(7);

"relevant authorisation" means—

(a) a permit granted under regulation 10 of the Pollution Prevention and Control (England and Wales) Regulations 2000[15] or regulation 7 of the Pollution Prevention and Control (Scotland) Regulations 2000[16],

(b) an authorisation granted under section 6 of the Environmental Protection Act 1990[17] ("the 1990 Act"),

(c) a waste management licence granted under section 36 of the 1990 Act,

(d) an exemption registered or otherwise permitted under regulation 18 of the Waste Management Licensing Regulations 1994[18],

(e) a permit granted under regulation 10 of the Pollution Prevention and Control Regulations (Northern Ireland) 2003[19],

(f) an exemption registered under regulation 18 of the Waste Management Licensing Regulations (Northern Ireland) 2003[20], or

(g) a waste management licence granted under article 8 of the Waste and Contaminated Land (Northern Ireland) Order 1997[21];

"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;

"reuse" means any operation by which WEEE or components thereof are used for the same purpose for which they were conceived, including the continued use of the equipment or components thereof which are returned to collection points, distributors, recyclers or manufacturers, and "reused" shall be construed accordingly;

"scheme" means a scheme that has been approved under regulation 41;

"scheme member" means a producer who is a member of a scheme that has been approved by the appropriate authority under regulation 41;

"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;

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

"treatment" means any activity after the WEEE has been handed over to a facility for depollution, disassembly, shredding, recovery or preparation for disposal and any other operation carried out for the recovery or disposal or both of the WEEE, and "treat", "treated" and "treatment operation" shall be construed accordingly;

"turnover" means, in relation to a scheme member, his turnover as defined in—

(a) section 262(1) of the Companies Act 1985, or

(b) article 270(1) of the Companies (Northern Ireland) Order 1986,

but as if the references to a company were references to that person;

"waste electrical and electronic equipment" means electrical or electronic equipment which is waste within the meaning of Article 1(a) of Directive 2006/12/EC, 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 from private households" means WEEE which comes from private households and from commercial, industrial, institutional and other sources which, because of its nature and quantity, is similar to that from private households;

"writing" includes text that is—

(a) transmitted by electronic means,

(b) received in legible form, and

(c) capable of being used for subsequent reference; and

"year" means a calendar year commencing on 1st January.

    (2) 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 sub-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.

Service of documents
     3. —(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; or



(b) by sending it by post to him at either of the addresses mentioned in sub-paragraph (a);

(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[22] (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 shall 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 shall 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 shall 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 shall be the address of the principal place of business in the United Kingdom of the body.

Amendments to the Environment Act 1995
     4. —(1) The following amendments to the Environment Act 1995 shall have effect.

    (2) In section 56 (interpretation of Part 1), in subsection (1)—

(a) in the definition of "environmental licence" in the application of Part 1 of that Act in relation to the Environment Agency, after paragraph (k) insert—


" (l) approval of a scheme under regulation 41 of the Waste Electrical and Electronic Equipment Regulations 2006 ("the WEEE Regulations");

(m) compliance with the condition in regulation 43(e)(i) of the WEEE Regulations in relation to a scheme mentioned in paragraph (l);

(n) approval of an authorised treatment facility or exporter under regulation 47 of the WEEE Regulations; and

(o) extension of approval of an exporter under regulation 48 of the WEEE Regulations."; and



(b) in the definition of "environmental licence" in the application of Part 1 of that Act in relation to the Scottish Environment Protection Agency, after paragraph (k) insert—



" (l) approval of a scheme under regulation 41 of the Waste Electrical and Electronic Equipment Regulations 2006 ("the WEEE Regulations");

(m) compliance with the condition in regulation 43(e)(i) of the WEEE Regulations in relation to a scheme mentioned in paragraph (l);

(n) approval of an authorised treatment facility or exporter under regulation 47 of the WEEE Regulations; and

(o) extension of approval of an exporter under regulation 48 of the WEEE Regulations.".

First compliance period
     6. These Regulations shall have effect in relation to the first compliance period subject to the amendments made by Schedule 3.

Existing Community legislation
     7. Nothing in these Regulations shall affect the application of existing Community legislation on—

(a) safety and health requirements; and

(b) waste management.

Financing: WEEE from users other than private households
     9. —(1) Each producer shall finance the costs of the collection, treatment, recovery and environmentally sound disposal of—

(a) WEEE from users other than private households arising during a compliance period from EEE put on the market in the United Kingdom on or after 13th August 2005 by that producer; and

(b) WEEE from users other than private households arising during a compliance period from EEE put on the market in the United Kingdom before 13th August 2005 ("the relevant WEEE") where that producer 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 that of the relevant WEEE.

    (2) Nothing in paragraph (1) shall prevent a producer 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.

Obligation to join a scheme
     10. —(1) A producer shall be a member of a scheme in respect of any compliance period, or any part of a compliance period, during which he puts EEE on the market in the United Kingdom.

    (2) Subject to paragraph (3), a producer who is required by paragraph (1) to be a member of a scheme shall in respect of any compliance period join a scheme on or before 15th October in the year immediately preceding the commencement of that compliance period.

    (3) Where a producer does not put, or form the intention of putting, EEE on the market in the United Kingdom until after the date by which that producer should have joined a scheme under paragraph (2), that producer shall join a scheme within 28 days of the date that he puts or forms the intention of putting EEE on the market in the United Kingdom.

    (4) Where paragraph (1) applies—

(a) a producer who has obligations under both regulations 8 and 9 in respect of any compliance period or any part of a compliance period may join—


(i) one scheme that has been approved under regulation 41 for the purposes of regulations 22 and 23; or

(ii) one scheme that has been approved under regulation 41 for the purposes of regulation 22 and one scheme that has been approved under regulation 41 for the purposes of regulation 23; and



(b) a producer who has obligations under regulation 8 or 9 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 who has obligations under regulation 8, one scheme that has been approved under regulation 41 for the purposes of regulation 22; or

(ii) in the case of a producer who has obligations under regulation 9, one scheme that has been approved under regulation 41 for the purposes of regulation 23.

    (5) Subject to paragraph (8), where a producer is a member of a scheme that has been approved under regulation 41 for the purposes of regulation 22, he shall be exempt from complying with any obligation that he has under regulation 8(1) in respect of a relevant compliance period during which his membership of that scheme subsists.

    (6) Subject to paragraph (8), where a producer is a member of a scheme that has been approved under regulation 41 for the purposes of regulation 23, he shall be exempt from complying with any obligation that he has under regulation 9(1) in respect of a relevant compliance period during which his membership of that scheme subsists.

    (7) Where a producer is a member of a scheme and he has been notified by the appropriate authority under regulation 44(3) that approval of that scheme ("the old scheme") has been withdrawn under regulation 44(1)—

(a) that producer shall, within 28 days of the date of the notification served on him by the appropriate authority under regulation 44(3), become a member of a scheme ("the new scheme"); or

(b) that producer shall—


(i) within 28 days of the date of the notification served on him by the appropriate authority under regulation 44(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 41(2); and

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


(aa) approved by a decision made under regulation 41, become a member of a scheme within 28 days of the date of a notification given to that producer under regulation 41(8); or

(bb) not approved by a decision made under regulation 41, become a member of a scheme within 28 days of the date of a notification given to that producer under regulation 42(3).

    (8) Where paragraph (7) applies and a producer has benefited from an exemption under paragraph (5) or (6) by virtue of his membership of the old scheme, the exemption in that paragraph shall cease to apply to the producer and he shall comply with—

(a) any obligation that he has under regulations 8(1) and 9(1) until the date he joins a new scheme; and

(b) regulation 12.

Information provided to operators of schemes
     11. —(1) Where a producer is a member of a scheme, he shall 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 20;

(b) making a notification under regulation 21;

(c) complying with a reporting requirement under regulation 28; and

(d) complying with a demand to produce records under regulation 30.

    (2) A producer who provides to the operator of the scheme information to which paragraph (1) applies shall—

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


(i) where the producer 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

(iv) where the producer is a body which is not registered in the United Kingdom, the individual who has control or management 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.

Declaration of compliance
     12. —(1) Where regulation 10(8) applies and a producer has any obligation under regulations 8 and 9 during a relevant compliance period, or any part of a relevant compliance period, he shall provide a declaration of compliance to the appropriate authority on or before 1st June of the year that immediately follows the end of that compliance period.

    (2) A declaration of compliance shall—

(a) be in writing;

(b) include the information set out in Part 1 of Schedule 5; 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 is under an obligation to provide a declaration of compliance under this regulation, that declaration shall be signed by—

(a) where the producer 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,

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

Record keeping
     13. —(1) A producer to whom the obligation in regulation 10 applies in relation to a compliance period, or any part of a compliance period, shall keep records in writing of the following information—

(a) the amount in tonnes of all EEE which he has put 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, cooling appliances containing refrigerants and gas discharge lamps),

(ii) display equipment,

(iii) cooling appliances containing refrigerants, and

(iv) gas discharge lamps; 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.

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

Declaration of EEE producer registration number
     14. A producer to whom the obligation in regulation 10 applies shall declare his EEE producer registration number to any distributor to whom he intends to sell, sells or otherwise supplies EEE.

Marking EEE with the crossed out wheeled bin symbol
     15. —(1) A producer shall mark EEE that he puts on the market with the symbol shown in Schedule 4 ("the crossed out wheeled bin symbol").

    (2) Except where paragraph (3) applies, the crossed out wheeled bin symbol shall 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 shall be printed on—

(a) the packaging;

(b) the instructions for use; and

(c) the accompanying warranty.

Marking EEE with a producer identification mark and a date mark
     16. —(1) A producer shall mark EEE that he puts on the market in such a manner that—

(a) he can be easily identified by that mark as the producer of the equipment ("the producer identification mark"); and

(b) the equipment can be easily identified as having been put on the market after 13th August 2005 ("the date mark").

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

Information on new types of EEE
     17. —(1) A producer shall provide information on reuse and environmentally sound treatment for each new type of EEE put on the market by that producer within one year of such equipment being put on the market.

    (2) The information mentioned in paragraph (1) shall 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 substances and preparations in the EEE.

    (3) A producer shall 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.

Producers supplying EEE by means of distance communication
     18. —(1) A producer who puts EEE on the market in any member State except for the United Kingdom by means of distance communication shall comply with the requirements set out in Article 8 of the Directive for the EEE that he puts on the market in any member State except for the United Kingdom.

    (2) A producer to whom paragraph (1) applies shall provide the appropriate authority with information that demonstrates that he has complied with his obligation under paragraph (1) and shall keep records in writing of the following information—

(a) the amount in tonnes of all EEE which he has put on the market in any member State except for the United Kingdom on or after 1st July 2007;

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


(i) the categories listed in Schedule 1 (excluding display equipment, cooling appliances containing refrigerants and gas discharge lamps),

(ii) display equipment,

(iii) cooling appliances containing refrigerants, and

(iv) gas discharge lamps; and



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



(i) private households; and

(ii) users other than private households; and



(d) details of compliance with the requirements of Article 8(4) of the Directive.

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

    (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 shall 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 shall 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 shall be as accurate as reasonably possible.

    (10) 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 shall not issue a new EEE producer registration number but shall confirm to the operator of the scheme that that scheme member will retain his previous EEE producer registration number.

Notification of new scheme members
     21. —(1) Where a producer 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 shall notify that appropriate authority within 28 days of the date when that producer becomes a member of the scheme.

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

(a) be made in writing;

(b) contain the information set out in Schedule 6, which shall be submitted in the format published by the appropriate authority under regulation 60; and

(c) be accompanied by evidence that the scheme has been approved by the appropriate authority under regulation 41.

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

Financing: WEEE from private households
     22. —(1) Where regulation 10(5) applies in relation to a scheme, the operator of that scheme shall be responsible for financing the costs referred to in regulation 8(1) for which each scheme member is responsible under regulation 8 in any compliance period, or any part of a compliance period, during which his membership of that scheme subsists.

    (2) It shall be the duty of the appropriate authority to determine the amount of relevant WEEE for which each operator of a scheme shall 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 shall be responsible under paragraph (2) shall be calculated in relation to each of the categories of EEE as follows––

Financing: WEEE from users other than private households
     23. —(1) Where regulation 10(6) applies in relation to a scheme, the operator of that scheme shall be responsible for financing the costs referred to in regulation 9(1) for which each scheme member is responsible under regulation 9 in any compliance period, or any part of a compliance period, during which his membership of that scheme subsists.

    (2) Nothing in paragraph (1) shall 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.

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

Treatment
     25. —(1) In respect of any WEEE for which he is responsible under these Regulations, an operator of a scheme shall ensure—

(a) that systems are set up to provide for the treatment of such WEEE using the best available 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.

Recovery
     26. —(1) In respect of any WEEE for which he is responsible under these Regulations, an operator of a scheme shall 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) By the end of any relevant compliance period, each operator of a scheme shall meet the following targets for WEEE sent for treatment in accordance with these Regulations—

(a) for WEEE that falls within categories 1 and 10 of Schedule 1,


(i) at least 80% recovery by the average weight in tonnes of the equipment,

(ii) at least 75% reuse and recycling of components, materials and substances by the average weight in tonnes of the equipment;



(b) for WEEE that falls within categories 3 and 4 of Schedule 1,



(i) at least 75% recovery by the average weight in tonnes of the equipment;

(ii) at least 65% reuse and recycling of components, materials and substances by the average weight in tonnes of the equipment;



(c) for WEEE that falls within categories 2, 5, 6, 7 and 9 of Schedule 1,



(i) at least 70% recovery by the average weight in tonnes of the equipment;

(ii) excluding gas discharge lamps, at least 50% reuse and recycling of components, materials and substances by the average weight in tonnes of the equipment;



(d) for gas discharge lamps, at least 80% reuse and recycling of components, materials and substances by the average weight in tonnes of the lamps.

    (3) Paragraphs (1)(b) and (2) shall not apply to WEEE reused as a whole appliance.

Reporting: WEEE
     27. —(1) An operator of a scheme shall provide to the appropriate authority information on—

(a) the total amount in tonnes of WEEE that he has been responsible for—


(i) collecting from a designated collection facility; and

(ii) delivering to an AATF for treatment or an approved exporter for treatment outside the United Kingdom; and



(b) the total amount in units of WEEE that he has been responsible for making available for reuse as a whole appliance,

during a relevant compliance period.

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

(a) in writing;

(b) submitted in the format published by the appropriate authority under regulation 60; and

(c) provided—


(i) on or before 1st May in a relevant compliance period in respect of the first quarter period in that compliance period;

(ii) on or before 1st August in a relevant compliance period in respect of the second quarter period in that compliance period;

(iii) on or before 1st November in a relevant compliance period in respect of the third quarter period in that compliance period; and

(iv) on or before 1st February 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)(a) shall—

(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, cooling appliances containing refrigerants and gas discharge lamps),

(ii) display equipment,

(iii) cooling appliances containing refrigerants, and

(iv) gas discharge lamps; and



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



(i) by private households; and

(ii) by users other than private households.

Reporting: EEE put on the market
     28. —(1) An operator of a scheme shall provide to the appropriate authority information on the total amount in tonnes of EEE that each member of that scheme has put 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.

    (2) The information referred to in paragraph (1) shall—

(a) be in writing;

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


(i) each of the categories listed in Schedule 1 (excluding display equipment, cooling appliances containing refrigerants and gas discharge lamps),

(ii) display equipment,

(iii) cooling appliances containing refrigerants, and

(iv) gas discharge lamps;



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



(i) by private households; and

(ii) by users other than private households;



(d) be provided 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

(e) be submitted in the format published by the appropriate authority under regulation 60.

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

(a) WEEE from private households under regulation 22, 25 or 26; or

(b) WEEE from users other than private households under regulation 23, 25 or 26,

during a relevant compliance period he shall provide a declaration of compliance to the appropriate authority on or before 1st June of the year that immediately follows the end of that compliance period.

    (2) A declaration of compliance shall—

(a) be in writing;

(b) include the information set out in Part 2 of Schedule 5; 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 an operator of a scheme is under an obligation to provide a declaration of compliance under this regulation, that declaration shall 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.

Record keeping
     30. —(1) Each operator of a scheme who has obligations under regulation 22, 23, 25 or 26 in relation to any compliance period, or any part of a compliance period, shall 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, cooling appliances containing refrigerants and gas discharge lamps),

(ii) display equipment,

(iii) cooling appliances containing refrigeration, and

(iv) gas discharge lamps,



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



(i) private households, and

(ii) users other than private households; and



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

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

the supplied equipment.

Return
     32. —(1) A distributor may return WEEE from private households free of charge to the system that has been set up by an operator of a scheme that has been approved under regulation 41 for the purposes of complying with that operator of a scheme's obligations in relation to WEEE from private households under regulation 22.

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

(a) in accordance with regulations 24, 25 and 26; and

(b) under regulation 39.

Information
     33. A distributor who supplies new EEE shall make information available to users of EEE in private households on—

(a) the requirement on each member State under Article 2 of the Directive to minimise the disposal of WEEE as unsorted municipal waste and to achieve a high level of collection of WEEE for treatment, recovery and environmentally sound disposal;

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

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

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

(e) the meaning of the crossed out wheeled bin symbol shown in Schedule 4.

Record keeping
     34. —(1) A distributor to whom the obligation in regulation 31 applies shall maintain records of the number of units of WEEE from private households returned to him under that regulation.

    (2) A distributor who returns WEEE from private households under regulation 32 shall maintain records of the number of units of WEEE from private households returned by him under that regulation.

    (3) Each distributor to whom the obligation in regulation 33 applies shall maintain records of the information made available under that regulation.

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

Exemption for members of a distributor take back scheme
     35. Where a distributor is a member of a distributor take back scheme, he shall be exempt from complying with the requirements of regulation 31 and 34(1) for the period during which his membership of that scheme subsists.

    (4) Paragraph (3) does not apply to WEEE reused as a whole appliance.

Obligation to optimise reuse and recycling of WEEE
     37. Any person who collects or transports WEEE in connection with the carrying out of any obligation under regulation 22 or 23 shall ensure that all such WEEE is collected and transported in a way that optimises reuse and recycling of that equipment or of components of that equipment.

WEEE from private households that presents a health and safety risk
     38. Nothing in these Regulations shall prevent any person from refusing to handle WEEE from private households that presents a health and safety risk to any individual because of contamination.

Take back: WEEE from private households
     39. Nothing in these Regulations shall prevent an operator of a scheme from establishing and operating a system to take back WEEE from private households provided that system is consistent with the Directive.

Prohibition on showing the costs of financing the collection, treatment and environmentally sound disposal of WEEE from private households
     40. —(1) Subject to paragraph (2), no person shall show a purchaser at the time of sale of new EEE the costs of financing the collection, treatment and environmentally sound disposal of WEEE from private households.

    (2) A producer may show a purchaser at the time of sale of new EEE the costs of collection, treatment and environmentally sound disposal of WEEE from private households that arises from EEE put on the market before 13th August 2005—

(a) in relation to EEE within category 1 of Schedule 1 until 13th February 2013; and

(b) in relation to EEE within categories 2 to 10 of Schedule 1 until 13th February 2011.

    (3) The costs mentioned in paragraph (2) shall not exceed the actual costs incurred.

    (4) A person shall be guilty of an offence if he intentionally obstructs any producer from exercising his right under regulation 40(2).

(a) be in writing;

(b) include—


(i) the information set out in Part 1 of Schedule 7, which shall be submitted in the format published by the appropriate authority under regulation 62;

(ii) a copy of the constitution of the proposed scheme which must contain the information set out in Part 2 of Schedule 7;

(iii) a copy of the operational plan which must contain the information set out in Part 3 of Schedule 7; and



(c) be accompanied by—



(i) where the appropriate authority is the Environment Agency or SEPA, the application charge specified in regulation 45(1); and

(ii) 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) 2006[23].

    (5) An application for approval of a proposed scheme shall be granted where—

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

(b) the appropriate authority is satisfied that the information provided by the operator of the proposed scheme in accordance with paragraph (4) demonstrates that—


(i) the proposed scheme is likely to subsist for a period of at least three compliance periods;

(ii) the operator of the proposed scheme will comply with the code of practice; and

(iii) the criteria for approval of a scheme set out in Part 4 of Schedule 7 are met,



and shall otherwise be refused.

    (6) Where an application for approval under this regulation is granted—



(a) the appropriate authority shall notify the operator of the scheme in writing of that decision—


(i) in the case of an application made under paragraph (1), on or before 1st October of the year immediately preceding the relevant compliance period;

(ii) in the case of an application made under paragraph (2), on or before 1st October of the year immediately preceding the relevant compliance period or within 28 days of the date of receipt of that application, whichever is the later; and

(iii) in the case of an application made under paragraph (1) or (2) that has been the subject of a decision to refuse to grant approval and in respect of which there has been a successful appeal under regulation 68, on or before 1st October of the year immediately preceding the relevant compliance period or within 28 days of the date of the determination of the appeal, whichever is the later;



(b) the approval shall take effect—



(i) in the case of an application made under paragraph (1), from the commencement of the relevant compliance period, and

(ii) in the case of an application made under paragraph (2), from the commencement of the relevant compliance period or the date of the decision to grant approval under this regulation, whichever is the later,



and shall remain in force for three compliance periods unless approval is withdrawn for any reason under regulation 44; and

(c) the appropriate authority shall publish the following details of the scheme—



(i) name of the scheme;

(ii) name and address of the operator of the scheme; and

(iii) whether the scheme is approved for the purposes of complying with an operator of a scheme's obligations in relation to—


(aa) WEEE from private households under regulation 22;

(bb) WEEE from users other than private households under regulation 23; or

(cc) both (aa) and (bb).



    (7) A notification served under paragraph (6)(a) shall specify whether the scheme is approved for the purposes of complying with that operator of a scheme's obligations in relation to—



(a) WEEE from private households under regulation 22;

(b) WEEE from users other than private households under regulation 23; or

(c) both (a) and (b).



    (8) Where an application for approval made under this regulation by virtue of paragraph (2) is granted, the appropriate authority shall notify each member of the old scheme who has served a notice under regulation 10(7)(b)(i) in writing of that decision within 14 days of the date of the decision.

Notification of a decision to refuse to approve a proposed scheme
     42. —(1) Any decision of the appropriate authority under regulation 41 to refuse to approve a proposed scheme shall be notified, within 14 days of the decision, to the applicant.

    (2) A notification under paragraph (1) shall—



(a) be in writing;

(b) give the reasons for the decision; and

(c) state the right of appeal under Part 12.



    (3) Where the appropriate authority has made a decision under regulation 41 to refuse to approve a proposed scheme that is the subject of an application for approval under regulation 41(2), it shall notify each member of the old scheme who has served a notice under regulation 10(7)(b)(i) in writing of that decision within 14 days of the date of the decision.

Conditions of approval
     43. Approval of a scheme shall be subject to the following conditions—



(a) that the operator of that scheme shall comply with his obligations under Part 4;

(b) that where the operator of that scheme collects WEEE from a designated collection facility he shall comply with the code of practice;

(c) that the operator of that scheme shall provide any information reasonably requested by the appropriate authority with regard to the obligations referred to in paragraph (a);

(d) that the operator of that scheme shall inform the appropriate authority in writing of—


(i) any change in the person who is the operator of the scheme and, in the case where the operator of the scheme is a partnership, any change of partners;

(ii) any material change in—


(aa) the information provided in accordance with regulation 20;

(bb) the information provided in accordance with regulation 41(4)(b)(i),

(cc) the constitution submitted in accordance with regulation 41(4)(b)(ii), or

(dd) the operational plan submitted in accordance with regulation 41(4)(b)(iii);



(iii) a conviction of the operator of that scheme for an offence under these Regulations,



within 28 days of the occurrence of any such change;

(e) that—



(i) where the appropriate authority is the Environment Agency or SEPA, the operator of that scheme pays the annual producer charge specified in regulation 45(2) to the appropriate authority on receipt of an invoice for such a charge issued by that appropriate authority under regulation 62(3); and

(ii) where the appropriate authority is the Department of the Environment, the operator of that scheme pays the annual producer charge specified in the Waste Electrical and Electronic Equipment (Charges) Regulations (Northern Ireland) 2006 on receipt of an invoice for such a charge issued by that appropriate authority under regulation 62(3);



(f) that the operator of that scheme shall provide records and reports to the appropriate authority in compliance with regulations 27 and 28;

(g) that the operator of that scheme shall accept WEEE from private households from a distributor free of charge in accordance with regulation 32;

(h) that, where any of the information specified in Part 3 of Schedule 7 has not been submitted in accordance with regulation 41(4)(b)(iii), it shall be submitted to the appropriate authority within 28 days of the date of a notification of approval served on the operator of that scheme under regulation 41(6)(a); and

(i) that the operator of that scheme continues to meet the requirements for approval of a scheme set out in Part 4 of Schedule 7.



Withdrawal of approval of a scheme
     44. —(1) The appropriate authority may withdraw approval of a scheme where—



(a) the appropriate authority is satisfied that the operator of that scheme—


(i) is in breach of any condition in regulation 43;

(ii) knowingly or recklessly supplied false information in connection with—


(aa) the application for approval made under regulation 41;

(bb) an application for registration made under regulation 20;

(cc) a notification made under regulation 21; or

(dd) compliance with any condition in regulation 43;



(b) the operator of that scheme has been convicted of an offence under these Regulations.



    (2) Before the withdrawal of approval of a scheme under paragraph (1) the appropriate authority shall serve a notification in writing on the operator of that scheme which shall state—



(a) that approval of the scheme is to be withdrawn;

(b) the reasons for the decision;

(c) the right of appeal under Part 12; and

(d) the date when the withdrawal of approval will take effect, not being earlier than the expiration of the time limit for an appeal against the notification as provided for in Schedule 11.



    (3) Where a notification has been served in accordance with paragraph (2) and any appeal against that notification has been determined, the appropriate authority shall serve a notification in writing on each member of that scheme which shall contain—



(a) a statement that approval of that scheme has been withdrawn and the effective date when the withdrawal of approval;

(b) the reasons for the decision to withdraw approval;

(c) a request for details of the amount in tonnes of EEE that that member has put on the market in the United Kingdom during any compliance period, or any part of a compliance period, where any such information has not been provided to the appropriate authority by the operator of that scheme in compliance with regulation 28; and

(d) the obligation of a producer to join a new scheme under regulation 10(7).



Charges
     45. —(1) The application charge referred to in regulation 41(4)(c)(i) shall be £12,174 for each scheme.

    (2) Subject to paragraph (3), the annual producer charge referred to in regulation 43(e)(i) shall be—



(a) £30 for each scheme member who is not, and is not required to be, registered under the Value Added Tax Act 1994[24];

(b) £220 for each scheme member who is, or is required to be, registered under the Value Added Tax Act 1994 and who had a total turnover of £1 million or less in the last financial year; and

(c) £445 for each scheme member who had a total turnover of more than £1 million in the last financial year.



    (3) Where an operator of a scheme does not provide the appropriate authority with evidence to support a claim that a scheme member is eligible for the charge specified in paragraph (2)(a) or (b), that scheme member shall be deemed to be eligible for the charge specified in paragraph (2)(c).

    (4) Where for any reason approval is refused under regulation 41 or is withdrawn under regulation 44 the appropriate authority shall not be under any obligation to refund the whole or any part of the application charge that has been paid in accordance with regulation 41(4)(c)(i).

    (5) The provisions of paragraphs (1), (2), (3) and (4) shall not apply if, or to the extent that, they have been superseded by the provisions of a charging scheme made under section 41 of the Environment Act 1995[25]—



(a) by the Environment Agency in respect of applications for approval made under regulation 41 to that appropriate authority; or

(b) by SEPA in respect of applications for approval made under regulation 41 to that appropriate authority.



    (6) A charging scheme made under section 41 of the Environment Act 1995 shall specify the extent to which it supersedes any of the provisions in paragraphs (1), (2), (3) and (4).

    (7) To the extent that any of the provisions of paragraphs (1), (2), (3) and (4) are superseded in accordance with paragraph (5), any reference in these Regulations to a charge specified in paragraph (1) or (2) shall be read as a reference to the charge which supersedes that charge and which is prescribed by a charging scheme.





PART 8
APPROVAL OF AUTHORISED TREATMENT FACILITIES AND EXPORTERS
Requirement for approval
     46. —(1) A person shall not issue an evidence note under regulation 47(2) in relation to the treatment, recovery or recycling of WEEE unless he is at the time of issue an operator of an AATF and that evidence relates to WEEE received at that AATF in a relevant approval period.

    (2) A person shall not issue an evidence note in relation to WEEE exported for treatment, recovery or recycling unless he is at the time of issue an approved exporter and that evidence relates to WEEE exported by him in a relevant approval period for treatment, recovery or recycling at a specified site for which he is approved under regulation 47.

Application for approval
     47. —(1) An application for approval of an ATF or an exporter under this Part shall be made to the appropriate authority and shall—


(a) be in writing;

(b) contain the information set out in Part 1 of Schedule 8, which shall be submitted in the format published by the appropriate authority under regulation 64; and

(c) be accompanied by—


(i) where the appropriate authority is the Environment Agency or SEPA,


(aa) in the case of an applicant who undertakes to issue evidence notes for not more than 400 tonnes of WEEE in the approval period to which the application relates, the application charge specified in regulation 51(1)(a); and

(bb) in any other case, the application charge specified in regulation 51(1)(b); or



(ii) where the appropriate authority is the Department of the Environment,



(aa) in the case of an applicant who undertakes to issue evidence notes for not more than 400 tonnes of WEEE in the approval period to which the application relates; and

(bb) in any other case,



the application charge specified in the Waste Electrical and Electronic Equipment (Charges) Regulations (Northern Ireland) 2006.



    (2) An application for approval made by—



(a) an operator of an ATF, to issue an evidence note in relation to—


(i) the treatment of WEEE at an ATF, and

(ii) the recovery or recycling of WEEE at a reprocessor; or



(b) an exporter, to issue an evidence note in relation to the treatment, recovery or recycling of WEEE for the export of WEEE for treatment, recovery and recycling in one or more specified treatment, recovery or recycling operations at a specified site outside the United Kingdom, or a combination of such operations,



shall be granted where the appropriate authority is satisfied as to the matters set out in paragraph (3) and shall otherwise be refused.

    (3) The matters referred to—



(a) in paragraph (2)(a) are—


(i) that the applicant is an operator of an ATF;

(ii) that the applicant will comply with the conditions referred to in regulation 49(1); and

(iii) that the application has been made in accordance with paragraph (1); and



(b) in paragraph (2)(b) are—



(i) that the applicant is an exporter;

(ii) where the application for approval relates to one or more treatment, recovery or recycling sites outside the EEA, that the requirements of Article 6(4) of the Directive shall be met in respect of each such site;

(iii) that the applicant will comply with the conditions referred to in regulation 49(2); and

(iv) that the application has been made in accordance with paragraph (1).



    (4) The appropriate authority shall notify the applicant in writing of its decision under paragraph (2) no later than 12 weeks after the application was made and, if the decision is a decision to refuse approval, such a notification shall state—



(a) the reasons for the decision; and

(b) the right of appeal under Part 12.



    (5) Subject to regulation 50, where approval is granted under paragraph (2), it shall take effect—



(a) where the application is made in the preceding year to that in which the person has applied to be approved—


(i) from 1st January where the decision to grant approval was made before that date; and

(ii) in all other cases, from the date of the decision,



and shall remain in force until 31st December in the year for which the person has applied to be approved;

(b) where the application is made during the year in which the person has applied to be approved, from the date of the decision, and shall remain in force until 31st December in that year.



    (6) Where an operator of an ATF or an exporter who has—



(a) given the undertaking referred to in paragraph (1)(c)(i)(aa); and

(b) paid the application charge specified in regulation 51(1)(a),



subsequently breaches that undertaking, he shall from the date of that breach be liable to pay the appropriate authority the balance of the charge which would have been payable under paragraph (1)(c)(i)(bb) had the undertaking not been given.

    (7) In this Part, "relevant approval period" means the period in respect of which a grant of approval that has been made under this regulation remains in force.

Application for extension of approval of an exporter to an additional site
     48. —(1) An application to extend a grant of approval of an exporter made by an appropriate authority under regulation 47 during a relevant approval period to include an additional site to which he wants to export WEEE for treatment, recovery or recycling shall be made to that appropriate authority and shall—



(a) be in writing;

(b) contain the information referred to in Part 1 of Schedule 8, which shall be submitted in the format published by the appropriate authority under regulation 64; and

(c) be accompanied by—


(i) where the appropriate authority is the Environment Agency or SEPA, the extension of approval charge specified in regulation 51(2); and

(ii) where the appropriate authority is the Department of the Environment, the extension of approval charge specified in the Waste Electrical and Electronic Equipment (Charges) Regulations (Northern Ireland) 2006.



    (2) An application to extend an exporter's approval to include an additional site located within the EEA shall be granted by the appropriate authority where it is satisfied that the application has been made in accordance with regulation 47, and shall otherwise be refused.

    (3) An application to extend an exporter's approval to include an additional site located outside the EEA shall be granted by the appropriate authority where it is satisfied that that site meets the requirements of Article 6(4) of the Directive and is satisfied that the application was made in accordance with regulation 47, and shall otherwise be refused.

    (4) The appropriate authority shall notify the applicant in writing of a decision made under paragraph (2) or (3) no later than 12 weeks after the application was made and, if the decision is a decision to refuse approval, such a notification shall state—



(a) the reasons for the decision; and

(b) the right of appeal under Part 12.



    (5) Subject to regulation 50, where an application is granted under paragraph (3), it shall take effect from the date of the decision under paragraph (3) or the date that the applicant's grant of approval under regulation 47 took effect, whichever is the later date, and shall remain in force until the date that the applicant's approval granted under regulation 47 expires.

Conditions of approval
     49. —(1) An operator of an AATF shall comply with the conditions specified in Part 2 of Schedule 8.

    (2) An approved exporter shall comply with the conditions specified in Part 3 of Schedule 8.

Suspension and cancellation of approval
     50. —(1) The appropriate authority may suspend or cancel the approval of an ATF or exporter where it appears to it that—



(a) in the case of an AATF, the operator of that AATF has failed, or is likely to fail, to comply with any of the conditions specified in Part 2 of Schedule 8;

(b) in the case of an exporter, the person who is approved has failed, or is likely to fail, to comply with any of the conditions specified in Part 3 of Schedule 8; or

(c) the operator of an AATF or the approved exporter has knowingly or recklessly supplied false information—


(i) in his application for approval made under regulation 47 or 48,

(ii) in the case of an AATF, in connection with compliance with any of the conditions specified in Part 2 of Schedule 8, or

(iii) in the case of an approved exporter, in connection with compliance with any of the conditions specified in Part 3 of Schedule 8.



    (2) Where the appropriate authority is no longer satisfied that the requirements of Article 6(4) of the Directive are met in relation to WEEE exported to a site outside the EEA, the appropriate authority shall cancel the approval of an exporter to the extent that it relates to that site.

    (3) Where the appropriate authority suspends or cancels a grant of approval under paragraph (1) or cancels the approval of an exporter to the extent that it relates to a site under paragraph (2), it shall serve on the operator of the ATF or the exporter concerned a notification in writing stating—



(a) its decision to cancel or suspend (as the case may be) the grant of approval;

(b) its reasons for the decision;

(c) the right of appeal under Part 12;

(d) in the case of a cancella