Paragraph 41 allows the storage of WEEE (Waste Electrical and Electronic Equipment) prior to it being recovered at another site. The amount and types of WEEE that can be stored are limited in the exemption.
What the legislation says
Paragraph 41 legislation (Word, 38KB). Read through this before you read through the summary below.
Questions and answers
We have provided the following questions and answers to help you further understand if this exemption covers the type of activity that you wish to undertake.
Q. What can you do?
A. You can store WEEE which is going to be recovered at another site.
Q. Who can do it?
A. Any company, organisation or individual who registers an activity with us that is exempt under paragraph 41. By individuals we mean those acting in a business capacity, such as a sole trader. The law does not require an individual acting in a personal capacity to register an exemption.
Q. Where can you do it?
A. At the place or places you identify when you register this exemption.
Q. Does the site have to meet any infrastructure standards?
A. It must be a secure site with an impermeable surface and sealed drainage system and you must also provide weatherproof coverings for your WEEE wastes. These provisions are intended to safeguard against rainfall causing contaminated fluids to leave the site and enter the ground.
Q. What wastes, and how much, can be stored?
A. The types of waste, and the volumes permitted do differ according to the waste type. You need to check the table against each waste type to ensure you know what the specific types and limits are. You can find the table in the document entitled 'Paragraph 41 legislation', using the link on the left.
Q. How long can waste be stored?
A. All wastes stored under this exemption can not be stored for longer than three months.
Q. How should the waste be stored?
A. Store the waste in a way that prevents damage to reusable equipment. WEEE that contains chlorofluorocarbons, HCFC and HFCs must be stored carefully to avoid these substances being released. Any stack of waste containing HCFC's or HFC's should be no more than two units and 3.5metres high. Fluorescent tubes must be stored in secure containers to prevent the glass being broken.
Q. Are you allowed to take mixed wastes and sort them into their individual waste types?
A. Yes, the exemption permits incidental sorting of WEEE.
Q. The table referred to in sub-paragraph (3) places 16 02 11* and 20 01 23* into the same box. Does this mean I can store 80 cubic metres of each waste type or this a total?
A. No, this is a total. You could store:
- 80 cubic metres of either 16 02 11* or 20 01 23*, or
- any combination of 16 02 11* and 20 01 23* as long as it does not exceed 80 cubic metres.
Q. What is the significance of the EWC codes that are marked with an asterix?
A. An asterix against an EWC code indicates that these wastes may be hazardous. Hazardous waste is waste which is dangerous to:
- people
- the environment, or
- animals.
If you handle hazardous waste under this exemption you also need to know if you have any additional obligations under the hazardous Waste Regulations. Find out more about Environment Agency - Dealing with hazardous waste.
Example of an activity that is suitable for registration under a Paragraph 41 exemption:
- A site takes in a mixed load of televisions and fridges. The WEEE is segregated so that the fridges are stored separately from the televisions.
This activity should be registered as a Paragraph 41 exemption provided all other limitations can be met.
Examples of activities that are not suitable for registration under a Paragraph 41 exemption:
- A site receives waste electrical and electronic items that are then repaired or refurbished.
Paragraph 41 covers storage and incidental sorting of WEEE but not repair and refurbishment of this waste. The activity may be covered by Paragraph 40 exemption.
- Waste WEEE that cannot be repaired is brought to a site for bulking pending its transfer to a disposal point.
The Paragraph 41 exemption does not cover waste that is intended for disposal. It is likely that this activity will require a permit.
