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53G.—In this Part save where the context otherwise requires—
“civic amenity facility” means a purpose-designed facility operated by or on behalf of a local authority or a private sector operator which is provided for the efficient reception and temporary storage of recyclable and non-recyclable waste materials, including segregated waste electrical and electronic equipment arising from private households;
“collection point” means —
(i) a civic amenity facility, or
(ii) other facility for the receipt, storage or recovery of waste electrical and electronic equipment
subject to such a facility being appropriately licensed permitted or registered under Regulations made pursuant to Section 39 of the Act, or other such facilities as may be prescribed in Regulations;
“dangerous substance or preparation” means any substance or preparation which has to be considered dangerous under Council Directive 67/548/EEC2 or, as appropriate, Directive 1999/45/EC of the European Parliament and of the Council3 ;
“distance communication” is as defined in Article 2(4) of Directive 97/7/EC of the European Parliament and of the Council of 20 May 1997 on the protection of consumers in respect of distance contracts4 or, as appropriate, means sales and marketing services by electronic communication, voice telephony services, including telesales and telemarketing or non-electronic direct marketing services, including mail order;
“distributor” means any person who provides electrical and electronic equipment on a commercial basis to the party who is going to use it;
“electrical and electronic equipment” means equipment which is dependent on electric currents or electromagnetic fields in order to work properly and equipment for the generation transfer and measurement of such currents and fields falling under the categories set out in Annex IA of European Parliament and Council Directive 2002/96/EC on waste electrical and electronic equipment and designed for use with a voltage rating not exceeding 1,000 volt for alternating current and 1,500 volt for direct current;
“environmental management costs” means the costs of the environmentally sound management of waste electrical and electronic equipment from private households arising from electrical and electronic equipment placed on the market prior to 13 August 2005;
“environmentally sound management of waste electrical and electronic equipment” means the collection, storage, treatment and recovery or, as appropriate, disposal of waste electrical and electronic equipment in an environmentally sound manner;
“final user” means any person who discards electrical and electronic equipment, for which they have no further use or, as appropriate, who intends to or is required to discard it, but shall not include any person who on behalf of or as a service to any other person—
(a) buys, sells or arranges for the purchase, sale or transfer of waste from one person to another, or
(b) arranges for the collection, recovery or disposal of waste;
“finance agreement” means any loan, lease, hiring or deferred sale agreement or arrangement relating to any equipment whether or not the terms of that agreement or arrangement or any collateral agreement or arrangement provide that a transfer of ownership of that equipment will or may take place;
“producer” means any person who, irrespective of the selling technique used, including by means of distance communication—
(a) manufactures and sells electrical and electronic equipment under his or her own brand,
(b) resells electrical and electronic equipment produced by other suppliers under his or her own brand,
(c) imports electrical and electronic equipment on a professional basis into the State,
(d) exports electrical and electronic equipment on a professional basis from the State to another Member State of the European Union, or
(e) distributes electrical and electronic equipment from a producer who is deemed not to be registered under the provisions of regulations made in accordance with section 53J;
with the exception of a person or persons exclusively engaged in the provision of financing under or pursuant to any finance agreement unless also acting as a producer within the meaning of subparagraphs (a) to (e);
“recovery” means any of the applicable operations provided for in Annex IIB to Council Directive 75/442/EEC of 15 July 1975 on waste1 ;
“recycling” means the reprocessing in a production process of the waste materials for the original purpose or for other purposes, but excluding energy recovery which means the use of combustible waste as a means of generating energy through direct incineration with or without other waste but with recovery of the heat;
“reuse” means any operation by which waste electrical and electronic equipment or components thereof are used for the same purpose for which they were conceived, including the continued use of the equipment or components thereof which are returned to collection points, distributors, recyclers or manufacturers;
“RoHS Directive” means European Parliament and Council Directive 2002/95/EC of 27 January 2003 on the restriction of the use of certain hazardous substances in electrical and electronic equipment;
“treatment” means any activity after the waste electrical and electronic equipment has been handed over to a facility for de-pollution disassembly, shredding, recovery or preparation for disposal and any other operation carried out for the recovery or as appropriate, the disposal of the waste electrical and electronic equipment;
“waste electrical and electronic equipment” means electrical and electronic equipment, which is waste within the meaning of article 1(a) of Council Directive 75/442/EEC of 15 July 1975 on waste, including all components, subassemblies and consumables which are part of the product at the time of discarding;
“waste electrical and electronic equipment from private households” means waste electrical and electronic equipment which comes from private households, and from commercial industrial, institutional and other sources which, because of its nature and quantity, is similar to that from private households;
“WEEE Directive” means European Parliament and Council Directive 2002/96/EC of 27 January 2003 on waste electrical and electronic equipment and shall be read in accordance with European Parliament and Council Directive 2003/108/EC of 8 December 2003 amending Directive 2002/96/EC on waste electrical and electronic equipment.
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