{
  "url": "https://openlegislation.uk/waste-electrical-and-electronic-equipment-regulations-2013/schedule-9/paragraph-2",
  "json_url": "https://openlegislation.uk/waste-electrical-and-electronic-equipment-regulations-2013/schedule-9/paragraph-2.json",
  "legislation": "uksi/2013/3113",
  "legislation_title": "The Waste Electrical and Electronic Equipment Regulations 2013",
  "legislation_url": "https://openlegislation.uk/waste-electrical-and-electronic-equipment-regulations-2013",
  "path": "schedule/9/paragraph/2",
  "kind": "paragraph",
  "number": "2",
  "heading": null,
  "text": "By way of derogation, paragraph 1(a) and (b) and paragraph 3 do not apply where it is documented by conclusive proof that the shipment is taking place in the framework of a business-to-business transfer agreement and that:\n(a) the EEE is sent back to the producer or a third party acting on his behalf , or to the non-UK supplier supplying the EEE on the online marketplace of an OMP producer or a third party acting on the non-UK supplier’s behalf, as defective for repair under warranty with the intention of re-use; or\n(b) the used EEE for professional use is sent to the producer or a third party acting on his behalf or a third-party facility in countries to which Decision C(2001)107/Final of the OECD Council concerning the revision of Decision C(92)39/Final on control of transboundary movements of wastes destined for recovery operations applies, for refurbishment or repair under a valid contract with the intention of re-use; or\n(c) the defective used EEE for professional use, such as medical devices or their parts, is sent to the producer or a third party acting on his behalf for root cause analysis under a valid contract, in cases where such an analysis can only be conducted by the producer or third parties acting on his behalf.",
  "extent": "E+W+S+N.I.",
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "F",
      "label": "F1",
      "text": "Words in Sch. 9 para. 2(a) inserted (12.8.2025) by The Waste Electrical and Electronic Equipment (Amendment, etc.) Regulations 2025 (S.I. 2025/910), regs. 1(2), 23 (with reg. 27)"
    },
    {
      "type": "I",
      "label": "I1",
      "text": "Sch. 9 para. 2 in force at 1.1.2014, see reg. 1(2)"
    }
  ],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/uksi/2013/3113/schedule/9/paragraph/2",
    "retrieved_at": "2026-10-29T00:32:34.822986+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}