SCHEDULE 2Relevant Offences for the Purposes of Section 35 (fines: court to consider financial benefits)

The Waste Electrical and Electronic Equipment Regulations 201325

An offence under any of the following provisions of the Waste Electrical and Electronic Equipment Regulations 201361—

a

regulation 90(1) or (2) (failure to comply with producer obligations etc.);

b

regulation 90(3) (failure of an operator of a scheme to comply with requirements);

c

regulation 90(4) (failure of an operator to ensure that systems are set up to prioritise the reuse of whole appliances);

d

regulation 90(6) (failure of a distributor to comply with information and record keeping requirements);

e

regulation 90(7) (failure of an operator of an approved authorised treatment facility, or an approved exporter, to comply with requirements);

f

regulation 90(8)(a) (miscellaneous offences);

g

regulation 90(8)(b) (failure to comply with enforcement notice);

h

regulation 90(8)(c) (entry and inspections powers; failure to comply);

i

regulation 90(8)(f) (failure to produce information when required);

j

regulation 90(8)(g) (false or misleading information);

k

regulation 90(9) (failure to collect or transport waste electrical and electronic equipment in a way that optimises reuse and recycling).