Explanatory note

These Regulations amend the Waste Electrical and Electronic Equipment Regulations 2013 (S.I. 2013/3113) (“the principal Regulations”).

Regulation 5 amends the meaning of “producer” in the principal Regulations to include an “online marketplace operator” in circumstances where that person supplies EEE to private households in the United Kingdom which originate from a person who is not established in the United Kingdom (a “non-UK supplier”). There are corresponding amendments to the definition of “placing on the market” (regulation 4(c)).

The online marketplace operator is also defined as an “OMP producer” in those circumstances in respect of EEE originating from the non-UK supplier, with exceptions from certain requirements otherwise applicable to producers under the principal Regulations. These are the requirements under regulations 22 to 24 to mark EEE and give information on new types of EEE (regulations 10 and 11); regulation 74 concerning product design (regulation 16); paragraph 10 of Schedule 8 concerning brand names of EEE (regulation 22(b)); and Schedule 9 concerning minimum requirements for shipments (regulation 23).

OMP producers are required to keep records of how much of the amount of EEE placed on the market in their capacity as OMP producers comprises EEE originating from non-UK suppliers (regulation 9) with corresponding amendments for reporting requirements (regulation 13). They must submit a description of their methodology for calculating this amount (regulation 22(e)) and confirm that the calculation is made in accordance with that methodology (regulations 8 and 13). Their status as OMP producers must be reported in an application for registration as a producer (regulation 22(c)). OMP producers who are not established in the United Kingdom must join a scheme or appoint an authorised representative to fulfil their producer obligations (regulation 6).

Schedule 3 to the principal Regulations is amended to introduce a separate category 7.1 in respect of devices intended to be used for the consumption of various substances. These devices are identified as a category of EEE subject to producer and scheme obligations (regulation 20), with a corresponding amendment to Schedule 4 to the Regulations to non-exhaustibly list some of the types of EEE concerned such as vapes, electronic cigarettes and heated tobacco products (regulation 21). Such devices are included as a new stream within the definition of “WEEE collection stream” (regulation 4(b)(x)).

Part 3 makes transitional provision.

No impact assessment has been produced for this instrument as no, or no significant, impact on the private, voluntary or public sector is foreseen.