The Waste Electrical and Electronic Equipment and Restriction of the Use of Certain Hazardous Substances in Electrical and Electronic Equipment (Amendment) Regulations 2014

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations amend the Waste Electrical and Electronic Equipment Regulations 2013 (S.I. 3113/2013) (“the 2013 regulations”) and the Restriction of the Use of Certain Hazardous Substances in Electrical and Electronic Equipment Regulations 2012 (S.I. 2012/3032). The 2013 regulations implement Directive 2012/19/EU of the European Parliament and of the Council of 4^th July 2012 on waste electrical and electronic equipment (OJ No L 197, 24.07.2012, p.38).

Regulation 2 substitutes references to The Waste Electrical and Electronic Equipment (Charges) Regulations (Northern Ireland) 2006 with references to The Waste Electrical and Electronic Equipment Regulations (Northern Ireland) 2014. Regulation 2 also corrects minor drafting errors in regulation 33 (payment of a compliance fee), regulation 37 (reporting: EEE placed on the market during the transitional period) and regulation 38 (reporting: EEE placed on the market from 1^st January 2019) regulation 53 (notification of the intention to retain WEEE failing within certain WEEE streams), regulation 61 (application for approval), regulation 69 (take back: Application to use existing collection facilities), regulation 75 (duties of the appropriate authority in relation to registration of small producers), regulation 76 (approval of compliance fee: methodology and administration), regulation 78 (monitoring), regulation 81 (approval of authorised treatment facilities and exporters), regulation 88 (enforcement notice), regulation 91 (penalties) and deletes paragraphs (5) and (6) of Schedule 12 of the 2013 regulations.

Regulation 3 and Schedules 1 and 2 of these Regulations also amend the 2013 regulations to reflect the observations of the Joint Committee on Statutory Instruments in their Twentieth Report of session 2013-14.

Regulation 4 amends the Restriction of the Use of Certain Hazardous Substances in Electrical and Electronic Equipment Regulations 2012 in order to implement the Corrigendum to Directive 2011/65/EU of the European Parliament and of the Council of 8 June 2011 on the restriction of the use of certain hazardous substances in electrical and electronic equipment (OJ No L 44, 14.02.2014, p 55).

No impact assessment has been carried out on this instrument as no effect on the cost of business and the voluntary sector is foreseen. Two full impact assessments of the effect that the Waste Electrical and Electronic Equipment Regulations 2013 will have on the cost to business and the voluntary sector have been prepared. A full impact assessment of the effect that the Restriction of the use of certain Hazardous Substances in Electrical and Electronic Equipment Regulations 2012 will have on the cost of business and the voluntary sector has also been prepared. These impact assessments can be obtained from the Advanced Manufacturing Services Directorate, Department for Business Innovation and Skills, 1 Victoria Street, London SW1H 0ET and at:

https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/249743/bis-13-1181-impact-assessment-waste-electrical-and-electronic-equipment-weee-system.pdf

https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/186971/bis-13-763-impact-assessment-of-recast-directive-2012-19-eu-on-waste-electrical-and-electronic-equipment-weee.pdf

https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/255814/bis-12-1277-final-impact-recast-restriction-of-hazardous-substances-directive.pdf