The Waste Electrical and Electronic Equipment (Amendment) (No. 2) Regulations 2018

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations amend the Waste Electrical and Electronic Equipment Regulations 2013 (S.I. 2013/3113) (the “WEEE Regulations”). The WEEE Regulations implement Directive 2012/19/EU of the European Parliament and of the Council on waste electrical and electronic equipment (OJ No L 197, 24.07.2012, p.38).

Regulation 3 contains a transitional provision in relation to regulation 79(3) of the WEEE Regulations as it applies, in the case of a scheme that has been approved by SEPA, where a scheme member has its registered office or, where it does not have a registered office, its principal place of business, in England or outside the United Kingdom.

Regulations 4(a) and (b), 15, 16, 20, 21, 24 and 25 amend the WEEE Regulations in order to substitute for references to the Northern Ireland Department of the Environment a reference to the Northern Ireland Department of Agriculture, Environment and Rural Affairs.

Regulation 11 inserts into the WEEE Regulations new regulations 34A and 34B.

Regulation 34A makes provision for approval by the Secretary of State of a producer compliance scheme balancing system (“PBS”). Paragraph (1) provides for any person or body to propose a PBS for approval by the Secretary of State by 1st March 2019. Paragraphs (2) and (3) require the Secretary of State on or before 1st May 2019 to consult on any PBS proposed under paragraph (1) or by the Secretary of State. Paragraph (4) provides for the Secretary of State to approve a PBS on which the Secretary of State has consulted, with or without amendments. Paragraph (5) requires the Secretary of State, within a period of 3 years from 1st January 2019 and within each 3 year period thereafter, to commence a review of the PBS which is in operation at the time the review commences (“the current PBS”). Paragraph (8) provides for the Secretary of State, having consulted in accordance with paragraph (7), to approve either the current PBS, with or without amendments, or a new proposed PBS. Paragraph (9) requires the Secretary of State, if the Secretary of State approves a new or amended PBS, to withdraw approval of the PBS then in operation. Paragraphs (10) and (12) and new Schedule 8A (inserted by regulation 30) set out the requirements for proposals for a PBS. Paragraph (11) sets out the requirements for proposals for amendments to a PBS.

Regulation 34B provides that during a relevant period every scheme approved under regulation 55 for the purposes of regulation 28 must be a member of a PBS approved under regulation 34A. A “relevant period” is defined as the period beginning 30 days after a PBS is approved and ending when the approval is withdrawn.

Regulation 4(c) inserts into regulation 2 of the WEEE Regulations a definition of “PBS”. Regulation 31 inserts into Schedule 10 a requirement that a regulation 55 scheme or proposed scheme complies with the regulation 34B requirement to join a PBS.

Regulation 5 substitutes a new regulation 6 of the WEEE Regulations. This implements the open scope principle, which brings all electrical and electronic equipment (“EEE”) into the scope of the Directive unless explicitly exempt. This regulation introduces Schedule 3, which sets out the categories of EEE that apply for the purpose of the WEEE Regulations and Schedule 4, which contains a non-exhaustive list of types of EEE which fall within each of the categories. Regulations 6, 7, 8, 9, 12, 13, 14, 22(1) to (3), 28, 29 and 32 make consequential amendments.

Regulations 17, 18 and 19 amend regulation 59 of the WEEE Regulations. New paragraph (7A), inserted into regulation 59, makes provision in relation to the annual producer charge, where the provisions of paragraphs (2), (3) and (4) have been superseded by a charging scheme.

Regulations 22(4) and 23 provide that reports submitted under regulation 66 of the WEEE Regulations must either be submitted in the format published by the appropriate authority or online.

An impact assessment has not been produced for these Regulations as no impact on the private, voluntary or public sectors is foreseen.