Paragraph 2 I1

United Kingdom

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:

(a)

the EEE is sent back to the producer or a third party acting on his behalf F1, 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

(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

(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.

Annotations

Textual amendments

F1: 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)

Commencement

I1: Sch. 9 para. 2 in force at 1.1.2014, see reg. 1(2)