Regulation 28 WEEE amounts for producers and scheme operators

(1)

This regulation applies to regulations 11 and 28 of the principal Regulations (financing: WEEE from private households) as those provisions have effect in respect of the compliance period commencing on 1st January 2026—

(a)

in determining —

(i)

the amount of WEEE in tonnes to be collected by each producer or authorised representative under regulation 11(3);

(ii)

the amount of WEEE in tonnes for which the operator of a scheme will be responsible under regulation 28(4);

(iii)

the amount of WEEE in tonnes falling within each category of EEE to be financed by all producers under regulations 11(7) and 28(5);

(b)

as regards the categories of EEE listed in Schedule 3 falling within categories 7 and 7.1 respectively.

(2)

The provisions referred to in paragraph (1) are to be treated as though they applied in respect of two separate compliance periods as follows—

(a)

a period commencing on 1st January 2026 and ending on the date which is twelve months after the date on which these Regulations come into force (“the first compliance period”);

(b)

a period commencing immediately after the end of the first compliance period and ending on 31st December 2026 (“the second compliance period”),

and, for these purposes, references to a previous compliance period in regulations 11 and 28 are to be read as though they applied in respect of the two previous compliance periods set out in paragraph (3).

(3)

The two previous compliance periods are—

(a)

the period in 2025 falling within the corresponding dates for the first compliance period; and

(b)

the period in 2025 falling within the corresponding dates for the second compliance period.

(4)

In making a determination under the provisions referred to in paragraph (1)(a)(i) and (ii), the appropriate authority must—

(a)

in respect of the first compliance period assess the amount of EEE falling within category 7 of Schedule 3 to the principal Regulations, as that category had effect before the coming into force of these Regulations;

(b)

in respect of the second compliance period assess—

(i)

the amount of EEE falling within category 7 of Schedule 3 to the principal Regulations; and

(ii)

the amount of EEE falling within category 7.1 of Schedule 3 to the principal Regulations.

(5)

For the purposes of enabling a determination to be made by the appropriate authority under paragraph (4)—

(a)

the information required to be provided by the producer or authorised representative under regulation 18 of the principal Regulations must be provided to the scheme operator as needed to enable that operator to comply with paragraph (b);

(b)

the information required to be reported under regulation 38(3)(a) of the principal Regulations is as follows—

(i)

for paragraph (4)(a) of this regulation, the amount of category 7 EEE placed on the market during the period beginning with the commencement of the quarter period within which these Regulations come into force and ending with the date on which these Regulations come into force;

(ii)

for paragraph (4)(b) of this regulation, as it applies in the case of EEE placed on the market by a producer who is not an OMP producer, the total amount of category 7 and the total amount of category 7.1 EEE placed on the market—

(aa)

during the period beginning immediately after the coming into force of these Regulations and ending with the close of the quarter period within which these Regulations come into force, and

(bb)

during any quarter period in 2025 subsequent to the quarter period referred to in paragraph (aa),

each total to be provided on or before the last day of the month that immediately follows the end of the quarter period concerned;

(iii)

for paragraph (4)(b) of this regulation, as it applies in the case of EEE placed on the market by an OMP producer in respect of whom the provision in regulation 27 applies, the total amount of category 7 EEE and the total amount of category 7.1 EEE placed on the market during the part-year compliance period referred to in regulation 27(7), to be provided in accordance with regulation 27(7).

(6)

In making a determination under the provisions referred to in paragraph (1)(a)(iii)—

(a)

in respect of the first compliance period —

(i)

the Secretary of State must, after consultation with such persons or bodies as appear to him to be representative of the interests concerned, set an amount of WEEE in tonnes as regards EEE falling within category 7 of Schedule 3 to the principal Regulations, as that category had effect before the coming into force of these Regulations; and

(ii)

no amount is to be set as regards WEEE falling within category 7.1 of Schedule 3 to the principal Regulations.

(b)

in respect of the second compliance period, the Secretary of State must, after consultation with such persons or bodies as appear to him to be representative of the interests concerned, set an amount of WEEE in tonnes as regards—

(i)

EEE falling within category 7 of Schedule 3 to the principal Regulations; and

(ii)

EEE falling within category 7.1 of Schedule 3 to the principal Regulations.