Statutory Rules of Northern Ireland
2006 No. 509
environmental protection
The Waste Electrical and Electronic Equipment (Charges) Regulations (Northern Ireland) 2006
Made
11th December 2006
Coming into operation
2nd January 2007
The Department of the Environment makes the following Regulations in exercise of the powers conferred by section 2(2) of the European Communities Act 1972(1) and section 56(1) and (2) of the Finance Act 1973(2).
The Department was designated(3) for the purposes of section 2(2) of the European Communities Act 1972 in respect of matters relating to waste electrical and electronic equipment.
In accordance with section 56(1) of the Finance Act 1973 the Department of Finance and Personnel has consented to these Regulations.
Citation and commencement
1. These Regulations may be cited as the Waste Electrical and Electronic Equipment (Charges) Regulations (Northern Ireland) 2006, and shall come into operation on 2nd January 2007.
Interpretation
2.—(1) In these regulations—
“the Department” means the Department of the Environment;
“the 2006 Regulations” means the Waste Electrical and Electronic Equipment Regulations 2006(4).
(2) The Interpretation Act (Northern Ireland) 1954(5) shall apply to these Regulations as it applies to an Act of the Northern Ireland Assembly.
Charges (approval of schemes)
3.—(1) The application charge referred to in regulation 41(4)(c)(ii) of the 2006 Regulations shall be £12,174 for each scheme.
(2) The annual producer charge referred to in regulation 43(e)(ii) of the 2006 Regulations 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(6);
(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 Department 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(4) Where for any reason approval is refused under regulation 41 of the 2006 Regulations or is withdrawn under regulation 44 of the 2006 Regulations the Department shall not be under any obligation to refund the whole or part or any part of the application charge that has been paid in accordance with regulation 41(4)(c)(ii) of the 2006 Regulations.
Charges (approval of authorised treatment facilities and exporters)
4.—(1) The application charge referred to in—
(a)regulation 47(1)(c)(ii)(aa) of the 2006 Regulations shall be £500; and
(b)regulation 47(1)(c)(ii)(bb) of the 2006 Regulations shall be £2,590.
(2) The extension of approval charge referred to in regulation 48(1)(c)(ii) of the 2006 Regulations shall be £110.
(3) Where for any reason approval is refused under regulation 47 or 48 of the 2006 Regulations or is suspended or cancelled under regulation 50 of the 2006 Regulations the Department shall not be under any obligation to refund the whole or any part of the application fee that has been paid in accordance with regulation 47(1)(c)(ii)(aa), 47(1)(c(ii)(bb) or 48(1)(c)(ii) of the 2006 Regulations.
Sealed with the Official Seal of the Department of the Environment on 11 December 2006
Wesley Shannon
A senior officer of the Department of the Environment
The Department of Finance and Personnel consents to regulations 3(1) and (2) and 4(1) and (2).
Sealed with the Official Seal of the Department of Finance and Personnel on 11 December 2006
Mary McIvor
A senior officer of the Department of Finance and Personnel
EXPLANATORY NOTE
(This note is not part of the Regulations)
These regulations prescribe the charges to be paid to the Department of the Environment under the Waste Electrical and Electronic Equipment Regulations 2006.
Regulation 3 specifies:
(a)an application charge of £12,174 to be paid to the Department by each producer compliance scheme.
(b)an annual producer charge of £30 for each scheme member who is not registered for value added tax, £220 for each scheme member who is required to be or who is registered for value added tax and had an annual turnover of £1 million or less in the last financial year, and, £445 for each scheme member who had a total annual turnover of more than £1 million in the last financial year.
This regulation also provides that the charges paid under regulation 3(1) in connection with the approval of schemes will not be refunded in the event that approval is refused or withdrawn.
Regulation 4 specifies:
(a)an annual application charge of £500 to be paid to the Department by each authorised treatment facility or exporter who issues evidence notes for not more than 400 tonnes of waste electrical and electronic equipment materials in that year, and £2,590 in any other case.
(b)a charge of £110 to be paid to the Department by each exporter who wishes to extend a grant of accreditation to an additional site to which he wishes to export waste electrical and electronic equipment materials for treatment, recovery or recycling.
This regulation also provides that the charges paid in connection with the approval of authorised treatment facilities and exporters will not be refunded in the event that approval is refused, suspended or cancelled.