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40.—(1) Subject to sub-paragraph (6), carrying on, at any secure place in respect of WEEE of a kind described in the Table in sub-paragraph (2), the treatment operations of repair or refurbishment or both if—
(a)the operation is carried on with a view to the reuse of the WEEE for its original purpose;
(b)the best available treatment, recovery and recycling techniques are used when carrying on the operation;
(c)the total quantity of any particular kind of WEEE so dealt with at that place does not exceed the treatment limit specified in relation to that kind of WEEE in that Table; and
(d)the technical requirements specified in Annex III of the WEEE Directive are met.
(2) The Table referred to in sub-paragraph (1) is set out below.
Kind of Waste | Storage Limits | Treatment Limits |
---|---|---|
16 02 14 (WEEE other than those mentioned in 16 02 09 to 16 02 13) | 80 cubic metres | 5 tonnes per day |
20 01 36 (WEEE other than those mentioned in 20 01 21, 20 01 23 and 20 01 35) | 80 cubic metres | 5 tonnes per day |
(3) Subject to sub-paragraph (6), carrying on, at any secure place in respect of WEEE that is hazardous waste of a kind described in the Table in sub-paragraph (4), the treatment operations of repair or refurbishment or both, but not including the degassing and capture of ozone depleting substances, if—
(a)the operation 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 on the operation;
(c)the total quantity of any particular kind of WEEE so dealt with at that place does not exceed the treatment limit specified in relation to that kind of WEEE in that Table;
(d)the technical requirements specified in Annex III of the WEEE Directive are met; and
(e)the other requirements specified in relation to that kind of WEEE in that Table are met.
(4) The Table referred to in sub-paragraph (3) is set out below.
Kind of Waste | Storage Limits | Treatment Limits | Other Requirements |
---|---|---|---|
16 02 11* (WEEE containing chlorofluorocarbons, HCFC, HFC) and 20 01 23* (WEEE containing chlorofluorocarbons) | 80 cubic metres | 5 tonnes per day | Stored and treated 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 per day |
(5) Subject to sub-paragraph (6), secure storage at the place where the operation is carried on of any WEEE of a kind described in the Tables in sub-paragraph (2) or (4) intended to be submitted to repair or refurbishment or both if—
(a)the total quantity of any particular kind of WEEE so dealt with at that place does not exceed the storage limit specified in relation to that kind of WEEE in those Tables;
(b)the technical requirements specified in Annex III of the WEEE Directive are met;
(c)the other requirements specified in relation to that kind of WEEE in the Table in sub-paragraph (4) are met;
(d)the WEEE is stored in such a manner that its environmentally sound reuse or recycling is not hindered; and
(e)no WEEE is stored at that place for more than 12 months.
(6) An operation does not fall within sub-paragraph (1), (3) or (5) at a place unless the person responsible for the management of that place has established administrative arrangements to ensure that—
(a)WEEE accepted at that place is of kind described in the Table in sub-paragraph (2) or the Table in sub-paragraph (4), as the case may be; and
(b)no waste is accepted at that place in such a quantity as would cause there to be a breach of any of the conditions of the exemption.
(7) For the purposes of this paragraph, the storage and treatment limits specified in the Tables in sub-paragraphs (2) and (4) are overall limits that apply to all waste falling within the 6 digit code or codes specified in those Tables.
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