Paragraph 47 - Repair and/or refurbishment of WEEE

What the legislation says:

47. —(1) The repair or refurbishment or both at a secure place of WEEE as described in column 1 of Table 5A, together with any incidental storage and other incidental activities in relation to that type of WEEE if–

(a) the activity is carried on with a view to the reuse of the WEEE for its original purpose;

(b) best available treatment, recovery and recycling techniques are used when carrying out the activity;

(c) in respect of a description of waste contained in column 1 of Table 5A, the total quantity of WEEE so dealt with at that place does not exceed either the storage limit specified in column 2 of that Table or the treatment limit specified in column 3 in relation to that type of WEEE;

(d) the technical requirements specified in Annex III of the WEEE Directive are met;

(e) prior to the treatment of WEEE and in relation to any waste components from WEEE, such WEEE or components are stored in such a manner that their environmentally sound reuse or recycling is not hindered; and

(f) no WEEE is stored at that place for longer than 12 months.

Table 5A
Codes and Type of Waste*	Storage Limits**	Treatment Limits
16 02 14 (WEEE other than those mentioned in 16 02 09 to 16 02 13)	50 cubic metres	2 tonnes/day
20 01 36 (WEEE other than those mentioned in 20 01 21 and 20 01 23 and 20 01 35)	50 cubic metres	2 tonnes/day

* Codes referred to in the European Waste Catalogue.
** In total either awaiting repair or refurbishment or stored following such treatment.

(2) The carrying on, at any secure place in respect of WEEE that is special waste as described in Table 5B, the treatment activities of repair or refurbishment or both together with any incidental storage and other incidental activities, but not including the degassing and capture of ozone depleting substances in relation to that type of WEEE if–

(a) the activity is carried on primarily with a view to the reuse of the WEEE for its original purpose;

(b) best available treatment, recovery and recycling techniques are used when carrying out the activity;

(c) in respect of a description of waste contained in a particular row to Table 5B the total quantity of WEEE so dealt with at that place does not exceed either the storage limit specified in column 2, or the treatment limit specified in column 3 of that Table for the types of WEEE in that row;

(d) the technical requirements specified in Annex III of the WEEE Directive are met;

(e) the other requirements specified in column 4 of that Table for that type of WEEE are met;

(f) prior to the treatment of WEEE and in relation to any waste components from WEEE, such WEEE or components are stored in such a manner that their environmentally sound reuse or recycling is not hindered; and

(g) no WEEE is stored at that place for longer than 12 months.

Table 5B
Codes and Type of Waste*	Storage Limits**	Treatment Limits	Other Requirements
16 02 11 (WEEE containing chlorofluorocarbons, HCFC or HFC) and 20 01 23 (WEEE containing chlorofluorocarbons	80 cubic metres	5 tonnes/day	Stored in a manner that will prevent the release of the CFCs, HCFCs or HFCs
Televisions and computer monitors containing cathode ray tubes falling within 16 02 13 (WEEE containing hazardous components other than those mentioned in 16 02 09 to 16 02 12) and 20 01 35 (WEEE other than those mentioned in 20 01 21 and 20 01 23 containing hazardous components)	80 cubic metres	5 tonnes/day

* Codes referred to in the European Waste Catalogue.
** In total either awaiting repair or refurbishment or stored following such treatment.

(3) Sub paragraphs (1) or (2) only apply to the carrying out of an activity at a place if–

(a) the person responsible for the management of that place has established administrative arrangements to ensure that–

(i) WEEE accepted at that place is of a type set out in column 1 of Table 5A or 5B, as the case may be; and

(ii) no waste is accepted at that place in such a quantity as would cause there to be a breach of any of the terms and conditions of the exemption;

(b) an up to date plan of that place containing the details referred to in regulation 18(8) is sent annually to the appropriate registration authority; and

(c) the applicable charge prescribed for the purpose by a charging scheme under section 41 of the Environment Act 1995, or where there is no applicable scheme, the sum of £265, is paid in respect of that place to the appropriate registration authority by the due date which shall be ascertained in accordance with the provisions of paragraph 45(4).

(4) In ascertaining the date referred to in sub-paragraph (3)(c), the reference to regulation 18(6) in paragraph 45(4)(a) and (b) shall be construed as a reference to regulation 18(8).

(5) For the purposes of this paragraph, the storage and treatment limits set out in columns 2 and 3 of Tables 5A and 5B are overall limits that apply to all waste falling within the 6 digit code or codes specified in column 1 of those Tables.

Registration Requirements:

Must be notified to SEPA using the appropriate form and enclosing the correct fee.

Registration "expires" after 12 months unless a renewal notice has been received and registered by SEPA. A renewal notice should be submitted to SEPA at least 21 days before the registration is due to "expire".

Notification Form:

Use WMX-FM47 - Form to register or renew a paragraph 47 exemption (122k)

Guidance:

WMX-TG47 - Technical Guidance Note for Paragraph 47 exemptions (53k)

Further information on community recycling and refurbishment is available from the Community Recycling Network for Scotland (CRNS) website.