# The Waste Electrical and Electronic Equipment (Amendment) Regulations 2018

S.I. 2018/102 · made 24 January 2018

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

Made under: European Communities Act 1972 (repealed) (Section 2)

PDFs: Printed copy https://openlegislation.uk/waste-electrical-and-electronic-equipment-amendment-regulations-2018/pdf/uksi_20180102_en.pdf; Revised UK Explanatory Memorandum https://openlegislation.uk/waste-electrical-and-electronic-equipment-amendment-regulations-2018/pdf/uksiem_20180102_en_001.pdf; UK Explanatory Memorandum https://openlegislation.uk/waste-electrical-and-electronic-equipment-amendment-regulations-2018/pdf/uksiem_20180102_en.pdf

## Introductory text

Environmental Protection
Made 24th January 2018
Laid before Parliament 31st January 2018
Coming into force 1st March 2018
The Secretary of State makes these Regulations in exercise of the powers conferred by section 2(2) of the European Communities Act 1972.
The Secretary of State is a Minister designated for the purposes of section 2(2) of that Act in relation to the prevention and recovery of waste electrical and electronic equipment.

## 1 Citation and commencement

These Regulations may be cited as the Waste Electrical and Electronic Equipment (Amendment) Regulations 2018 and come into force on 1st March 2018.

## 2 Amendment to the Waste Electrical and Electronic Equipment Regulations 2013

(1) The Waste Electrical and Electronic Equipment Regulations 2013 are amended as follows.
(2) In regulation 2, after the definition of “LED light source”, insert—
““local authority” means—
(a) in England, Wales and Scotland, an authority mentioned in section 30(2) of the Environmental Protection Act 1990;
(b) in Northern Ireland, a district council within the meaning of section 1 of the Local Government Act (Northern Ireland) 1972;”.
(3) For regulation 34, substitute—
“34. (1) If paragraph (2) applies, the operator of a designated collection facility may require any scheme operator to arrange for the collection and treatment of deposited WEEE from that facility.
(2) This paragraph applies where there is no contract in place for the collection and treatment of WEEE that is in the same WEEE collection stream as deposited WEEE between the operator of the designated collection facility and—
(a) the scheme operator required to take action under paragraph (1), or
(b) any other scheme operator.
(3) Nothing in this regulation—
(a) prevents the operator of the designated collection facility from contacting more than one scheme operator before taking action under paragraph (1);
(b) prevents the scheme operator required to take action under paragraph (1) from entering into an arrangement with other scheme operators to arrange for the collection and treatment of the deposited WEEE;
(c) obliges the scheme operator required to take action under paragraph (1) to collect and treat any WEEE which the operator of the designated collection facility is approved to retain under regulation 53.
(4) In this regulation—
“deposited WEEE” means WEEE deposited at the designated collection facility mentioned in paragraph (1);
“operator of a designated collection facility means—
(a) a local authority, or
(b) a person operating a designated collection facility on behalf of a local authority;
“scheme operator” means an operator of a scheme approved under regulation 55 for the purpose of complying with obligations under regulation 28 relating to WEEE from private households.”.
(4) After regulation 35(1)(a), insert—
“(b) the total amount in tonnes of WEEE that the operator has been responsible for delivering to an AATF for treatment or to an approved exporter of whole appliances for reuse outside the United Kingdom;”.

## Signature

Thérèse Coffey
Parliamentary Under Secretary of State
Department for Environment, Food and Rural Affairs
24th January 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 2013 Regulations”). The 2013 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 2 substitutes regulation 34 of the 2013 Regulations to make new provision for the collection, treatment, recovery and disposal of waste electrical and electronic equipment (WEEE) deposited at designated collection facilities.
It also inserts a new reporting requirement into regulation 35 of the 2013 Regulations, relating to the amount of WEEE sent for treatment or for reuse outside the United Kingdom.
An impact assessment has not been produced for this instrument as no impact, or no significant impact, on the private, voluntary or public sector is foreseen.

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Source: https://www.legislation.gov.uk/uksi/2018/102 (the official version)
Page: https://openlegislation.uk/waste-electrical-and-electronic-equipment-amendment-regulations-2018
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.