The Waste Electrical and Electronic Equipment Regulations 2006
Made
Laid before Parliament
Coming into force in accordance with regulation 1(2) to (4)
11th December 2006
12th December 2006
The Secretary of State is a Minister designated[1] for the purposes of section 2(2) of the European Communities Act 1972[2] in respect of matters relating to the prevention and recovery of waste electrical and electronic equipment.
The Secretary of State, in exercise of the powers conferred on him by section 2(2) of that Act, makes the following Regulations.
These Regulations may be cited as the Waste Electrical and Electronic Equipment Regulations 2006.
(2)
Subject to paragraphs (3) and (4), these Regulations shall come into force on 2nd January 2007.
(3)
Regulations 15 to 17 and Schedule 4 shall come into force on 1st April 2007.
(4)
Regulations 31 to 36 and 40 shall come into force on 1st July 2007.
(5)
Regulations 4, 45 and 51 do not extend to Northern Ireland.
2-
Interpretation
(1)
In these Regulations—
"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)
or 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)
(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;
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.
3-
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; 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.
4-
Amendments to the Environment Act 1995
(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.".
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 32 but is not deposited at a designated collection facility,
during that compliance period ("the relevant WEEE") shall be the responsibility of all producers who put EEE on the market in the United Kingdom in that compliance period.
(2)
Each producer to whom paragraph (1) applies shall be responsible for financing the costs of the collection, treatment, recovery and environmentally sound disposal of an amount of the relevant WEEE.
(3)
The amount of the relevant WEEE for which each producer shall be responsible under paragraph (2) shall be calculated in relation to each of the categories of EEE as follows––
(A ÷ B) x C
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 put on the market in the United Kingdom by that producer in a particular compliance period, or part of a particular 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 put on the market in the United Kingdom by all producers 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 products that fall within the relevant category and is deposited at a designated collection facility and returned under regulation 32 in the same compliance period used in "A".
(4)
Where regulation 10(8)(a) applies to a producer—
(a)
it shall be the duty of the appropriate authority to determine the amount of relevant WEEE for which that producer shall be responsible under paragraph (2) by using the calculation set out in paragraph (3);
(b)
the appropriate authority shall serve a preliminary notification in writing on that producer specifying the amount of the relevant WEEE for which he shall be responsible under this regulation on or before 1st April of the year that immediately follows the relevant compliance period; and
(c)
the appropriate authority shall serve a final notification in writing on that producer specifying the amount of the relevant WEEE for which he shall be responsible under this regulation on or before 1st May of the year that immediately follows the relevant compliance period.
(5)
A notification served under paragraph (4)(b) shall 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 (4)(a) that that producer shall 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 (3); and
(d)
that that producer may make representations in writing to the appropriate authority in relation to the determination referred to in sub-paragraph (b) within 14 days of the date of the notification.
(6)
A notification served under paragraph (4)(c) shall include the information referred to in paragraph (5)(a), (b) and (c).
(7)
For the purpose of determining the amount of relevant WEEE for which a producer shall be responsible under paragraph (2) using the calculation set out in paragraph (3)—
(a)
the appropriate authority shall take account of the information provided to it—
(i)
in compliance with regulations 27 and 28 in relation to the relevant compliance period; and
(ii)
by that producer in compliance with a notification served under regulation 44(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 shall make a reasonable estimate of what such information would have been had it been provided as required.
(8)
Where paragraph (7)(b) applies, the appropriate authority shall take account of any relevant information that is available to it in making a reasonable estimate.
(9)
In this regulation,
(a)
"categories of EEE" means—
(i)
the categories of EEE 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)
"relevant WEEE" has the meaning given in paragraph (1).
9-
Financing: WEEE from users other than private households
(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.
10-
Obligation to join a scheme
(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.
11-
Information provided to operators of schemes
(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.
12-
Declaration of compliance
(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.
13-
Record keeping
(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.
14-
Declaration of EEE producer registration number
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.
15-
Marking EEE with the crossed out wheeled bin symbol
(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.
16-
Marking EEE with a producer identification mark and a date mark
(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.
17-
Information on new types of EEE
(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.
