S.I. No. 340/2005 - Waste Management (Waste Electrical and Electronic Equipment) Regulations 2005

STATUTORY INSTRUMENTS

S.I. No. 340 of 2005

WASTE MANAGEMENT (WASTE ELECTRICAL AND ELECTRONIC EQUIPMENT) REGULATIONS 2005

INDEX

PART I	PRELIMINARY AND GENERAL
1.	Citation.
2.	Purpose of Regulations.
3.	Interpretation of Regulations.
4.	Scope of Regulations.
PART II	REGISTRATION BODY
5.	Establishment of a Registration Body.
6.	Grant or refusal of approval.
7.	Review and revocation of approval.
8.	Functions of the Registration Body.
9.	Powers of the Registration Body.
10.	Obligation of Producer to register with the Registration Body.
11.	Application for registration or renewal of registration.
12.	Certification of producers.
13.	Distance Sellers.
PART III	MANAGEMENT OF WASTE ELECTRICAL AND ELECTRONIC EQUIPMENT
14.	Distributor responsibility.
15.	Disposal of waste electrical and electronic equipment by distributors.
16.	Financing the take back of waste electrical and electronic equipment from private households.
17.	Financing the take back of waste electrical and electronic equipment from users other than from private households.
18.	Alternative financing arrangements.
19.	Collection of waste electrical and electronic equipment.
20.	Storage of waste electrical and electronic equipment.
21.	Treatment of waste electrical and electronic equipment.
22.	Recovery of waste electrical and electronic equipment.
23.	Record keeping.
24.	WEEE waste management plans and reports.
25.	Obligation of producers to provide information to recovery facilities.
26.	Format of information to be provided to recovery facilities.
27.	Obligation of producers to provide information to users of electrical and electronic equipment.
28.	Obligation of producers to provide information to the Registration Body.
29.	Obligation of distributors to provide information to users of electrical and electronic equipment.
PART IV	APPROVED BODIES
30.	Exemption from certain requirements.
31.	Application to the Minister for approval.
32.	Grant or refusal of approval.
33.	Review and revocation of approval.
34.	Use of logo adopted by an approved body.
35.	Notifications to local authorities and the Registration Body.
PART V	FUNCTIONS OF THE AGENCY AND LOCAL AUTHORITIES
36.	Enforcement.
37.	Registration of Distributors.
PART VI	MISCELLANEOUS
38.	Non-application of section 34(1)(a) of the Act.
39.	Non-application of section 39(1) of the Act.
40.	Product Design.
41.	Reuse of electrical and electronic equipment.
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FIRST SCHEDULE	CATEGORIES OF ELECTRICAL AND ELECTRONIC EQUIPMENT
SECOND SCHEDULE	LIST OF ELECTRICAL AND ELECTRONIC EQUIPMENT WHICH SHALL BE TAKEN INTO ACCOUNT FOR THE PURPOSE OF THESE REGULATIONS AND WHICH FALL UNDER THE CATEGORIES SET OUT IN THE FIRST SCHEDULE
THIRD SCHEDULE	INFORMATION TO BE COMPILED AND PROVIDED WHEN APPLYING FOR REGISTRATION OR RENEWAL OF REGISTRATION IN ACCORDANCE WITH ARTICLE 11
FOURTH SCHEDULE	REQUIREMENTS REGARDING NOTICES IN ACCORDANCE WITH ARTICLES 14, 16 AND 24
FIFTH SCHEDULE	CALCULATION OF THE AMOUNT EQUAL TO INTEREST COMPOUNDED ON A DAILY BASIS IN ACCORDANCE WITH ARTICLE 16
SIXTH SCHEDULE	TECHNICAL REQUIREMENTS FOR STORAGE IN ACCORDANCE WITH ARTICLE 20
SEVENTH SCHEDULE	SELECTIVE TREATMENT FOR MATERIALS AND COMPONENTS OF WASTE ELECTRICAL AND ELECTRONIC EQUIPMENT IN ACCORDANCE WITH ARTICLE 21
EIGHTH SCHEDULE	INFORMATION TO BE PROVIDED IN PLANS AND REPORTS IN ACCORDANCE WITH ARTICLE 24
NINTH SCHEDULE	SYMBOL FOR THE MARKING OF ELECTRICAL AND ELECTRONIC EQUIPMENT INDICATING SEPARATE COLLECTION IN ACCORDANCE WITH ARTICLE 27
TENTH SCHEDULE	INFORMATION TO BE PROVIDED WHEN APPLYING FOR REGISTRATION OR RENEWAL OF REGISTRATION IN ACCORDANCE WITH ARTICLE 37
ELEVENTH SCHEDULE	RULES IN RESPECT OF REGISTERED ACTIVITIES IN ACCORDANCE WITH ARTICLE 39
TWELFTH SCHEDULE	INFORMATION TO BE PROVIDED IN APPLICATIONS FOR REGISTRATION IN ACCORDANCE WITH ARTICLE 39

S.I. No. 340 of 2005

WASTE MANAGEMENT (WASTE ELECTRICAL AND ELECTRONIC EQUIPMENT) REGULATIONS 2005

The Minister for the Environment, Heritage and Local Government, in exercise of the powers conferred on him by sections 7, 18, 19, 27, 28, 29, 34, 39, 53G, 53I, 53J, 53K 53L, 53M, and 62 of the Waste Management Acts 1996 to 2005 and section 53 of the Environmental Protection Agency Acts 1992 and 2003, and following consultation with the Minister for Enterprise, Trade and Employment hereby makes the following Regulations:

PART I PRELIMINARY AND GENERAL

Citation.

1.

Purpose of Regulations.

2.

Interpretation of Regulations.

3.

• (2) In these Regulations, any reference to a sub-article or paragraph that is not otherwise identified is a reference to the sub-article or paragraph of the provision in which the reference occurs.

• (3) In these Regulations, save where the context otherwise requires -

“the Act” means the Waste Management Acts 1996 to 2005;

“the Waste Management Acts 1996 to 2005” mean the Waste Management Act 1996 (No. 10 of 1996) as amended by the Waste Management (Amendment) Act 2001 (No. 36 of 2001), Part 3 of the Protection of the Environment Act 2003 (No. 27 of 2003) and the Waste Management (Electrical and Electronic Equipment) Regulations 2005 ( S.I. No. 290 of 2005 );

“the Environmental Protection Agency Acts 1992 and 2003” means the Environmental Protection Agency Act 1992 (No. 7 of 1992) as amended by Part 2 of the Protection of the Environment Act 2003 (No. 27 of 2003);

“the Agency” means the Environmental Protection Agency established under section 19 of the Environmental Protection Agency Acts 1992 and 2003;

“all reasonable times” means all times when members of the public have access to a place where electrical and electronic equipment is distributed;

“approved body” means an appropriate body corporate approved by the Minister in accordance with the provisions of Regulations made under section 53I of the Act;

“blocked bank account” means a deposit account or accounts, whose sole purpose is to provide financial resources for the environmentally sound management of waste electrical and electronic equipment lodged with an undertaking or undertakings holding a valid banking licence issued in accordance with the provisions of the Central Bank Act 1971 (No. 24 of 1971);

“captive insurer” means an insurance company the purpose of which is to provide insurance cover exclusively to the risks of the undertaking or undertakings to which it belongs or of an undertaking or undertakings of the group of which the captive insurance undertaking makes part;

“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/EEC³ or, as appropriate, Directive 1999/45/EC of the European Parliament and of the Council⁴ ;

“the 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;

“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 contracts⁵ 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;

“distributed” means

• (i) sold in exchange for any consideration including money whether or not by finance agreement, including but not exclusive to any loan, lease, hiring or deferred sale agreement or arrangement relating to any electrical and electronic 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, or

• (ii) giving as a prize or otherwise making a gift;

“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;

“EURIBOR rate” means the Euro Interbank Offered Rate;

“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 -

• (i) buys, sells or arranges for the purchase, sale or transfer of waste from one person to another, or

• (ii) 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;

“financing the environmentally sound management of waste electrical and electronic equipment” means the cost of collection from collection points, together with the treatment, recovery and environmentally sound disposal of waste electrical and electronic equipment, including where appropriate the provision of receptacles to facilitate the segregation of waste electrical and electronic equipment at collection points and associated operational costs;

“the Minister” means the Minister for the Environment, Heritage and Local Government;

“producer” means any person who, irrespective of the selling technique used, including by means of distance communication -

• (i) manufactures and sells electrical and electronic equipment under his or her own brand,

• (ii) resells electrical and electronic equipment produced by other suppliers under his or her own brand,

• (iii) imports electrical and electronic equipment on a professional basis into the State,

• (iv) exports electrical and electronic equipment on a professional basis from the State to another Member State of the European Union, or

• (v) distributes electrical and electronic equipment from a producer who is deemed not to be registered under the provisions of article 12(2),

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 sub-paragraphs (i) to (v);

“producer recycling fund” has the same meaning as “environmental management costs”;

“recovery” means any of the applicable operations provided for in Annex IIB to Directive 75/442/EEC⁶ ;

“recovery facility” means a facility for the deposit, refurbishment treatment, recycling or recovery of waste electrical and electronic equipment;

“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;

“registration body” means the person, association or body corporate to whom approval is granted in accordance with Regulations made under section 53J of the Act;

“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;

“the RoHS Directive” means European Parliament and Council Directive 2002/95/EC on the restriction of the use of certain hazardous substances in electrical and electronic equipment⁷ ;

“third countries” means countries or territories outside the geographical territory of the European Union;

“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.

Scope of Regulations.

4.

• (a) to electrical and electronic equipment falling under the categories set out in the First Schedule provided that the equipment concerned is not part of another type of equipment that does not fall within the scope of the Directive, and

• (b) without prejudice to Community Acts on -

• (i) safety and health requirements, and

• (ii) waste management legislation.

• (2) Without prejudice to sub-article (1)(a), the -

• (a) paragraphs numbered 1 to 10 of the Second Schedule shall be taken into account when determining the category set out in the First Schedule into which each type of electrical and electronic equipment falls, and

• (b) exclusion of a type of electrical and electronic equipment in the Second Schedule should not be taken as meaning that such equipment does not fall within the scope of these Regulations.

• (3) Without prejudice to sub-article (1), these Regulations shall not apply to electrical and electronic equipment which is connected with the protection of the essential interests of the security of any Member State of the European Union including arms, munitions and war material except which is not intended for specifically military purposes.

PART II REGISTRATION BODY

Establishment of a Registration Body.

5.

• (2) Any person or persons, or association, or body corporate who undertakes all of the functions provided for in article 8 shall be known for the purposes of these Regulations as the `registration body'.

Grant or refused of approval.

6.

• (2) An approval issued in accordance with sub-article (1) shall be conditional on the submission of -

• (a) where appropriate, a copy of the -

• (i) articles of association of the body corporate, or

• (ii) memorandum of association or registered rules of the association or society, and

• (iii) the appropriate certificate issued by the Companies Registration Office or the Registrar of Friendly Societies.

• (b) the names and addresses in the State of the officers of the registration body and its board of directors,

• (c) the address of the registration body's registered office and the address of the secretary, if different from the registered office,

• (d) a business plan in relation to the operation of the registration body,

• (e) where appropriate, proposals in relation to corporate governance,

• (f) proposals for the certification of producers for the purpose of article 12,

• (g) proposals for determining the proportion of market share held by individual producers,

• (h) proposals for registration fee structures,

• (i) proposals for verifying the adequacy of financial guarantees,

• (j) proposals for retaining information submitted in relation to environmental management costs, and

• (k) such other information as may be specified in writing by the Minister for the purposes of this article.

• (3) An approval in accordance with the provisions of sub-article (1) shall be subject to such conditions as the Minister may specify, including but not exclusively -

• (a) the period of approval which shall be for a period of not more than 10 years,

• (b) variance in the terms and conditions of approval,

• (c) revocation of approval, and

• (d) the nature of information (including financial accounts) to be recorded and maintained by the body concerned.

• (4) The Minister may, by notice in writing, from time to time vary any condition attached to an approval granted in accordance with the provisions of this article.

• (5) The registration body -

• (a) will be responsible for the effective carrying out of its functions, and

• (b) shall ensure that its financial costs are borne from its own resources.

Review and revocation of approval.

7.

• (2) Where the Minister proposes to review an approval, the Minister shall -

• (a) give notice in writing to the registration body of the proposal and the reasons therefor,

• (b) specify a period of not less than four weeks within which the registration body may make a submission to the Minister in relation to a review, and

• (c) consider any submission so made.

• (3) Following the consideration of any submission in accordance with sub-article (2), the Minister may issue a revised approval, varying any condition attaching to the approval or attach any additional conditions which he or she considers appropriate.

• (4) Where an approval, granted in accordance with the provisions of article 6 is due to expire, the registration body -

• (a) shall not later than six months before the expiry of the approval notify the Minister whether or not it intends to continue or cease operating as the registration body, or

• (b) if intending to continue to operate as the registration body, shall not later than two months before the expiry of the approval make a submission to the Minister in accordance with the provisions of said article.

• (5) Subject to sub-article (6), where it appears to the Minister that the registration body is not complying with conditions attached to such approval, he or she may revoke an approval granted in accordance with the provisions of article 6.

• (6) Where the Minister proposes to revoke an approval granted in accordance with the provisions of article 6, the Minister shall -

• (a) give notice in writing to the registration body of the proposed decision and the reasons therefor,

• (b) specify a period of not less than four weeks within which the registration body may make a submission to the Minister in relation to the proposed decision, and

• (c) consider any submission so made.

• (7) Once an approval in accordance with the provisions of article 6 -

• (a) is revoked by the Minister, or

• (b) expires,

the registration body and any third party contracted to undertake any or all of the functions allotted to it, shall immediately transfer to the Minister, or to the person or persons, or association, or body corporate who is in receipt of the next approval to act as the registration body for the purposes of this Part, all records, documentation and data in written and in electronic form, including the requisite software and programmes, together with any funds and assets that were obtained on account of the functions provided for in article 8 and powers that were vested in accordance with the provisions of article 9.

Functions of the Registration Body.

8.

• (2) The registration body shall be required to -

• (a) provide for the maintenance of the register of all producers placing electrical and electronic equipment on the market,

• (b) provide for the determination of the proportion of market share held by each individual producer and notify him or her accordingly,

• (c) provide for the verification that each producer has adequate financial guarantees,

• (d) cause to be kept proper accounts of all income and expenditure of the registration body in each calendar year, or in the first two years of its operations the relevant part thereof, and of the sources of such income and the subject matter of such expenditure and of the property, credits and liabilities of the registration body,

• (e) in the first six months of each year, make a report to the Minister of its activities during the preceding calendar year, or in the first two years of its operations the relevant part thereof which shall include a summary of all income and expenditure and balance sheet for that calendar year, or in the first two years of its operations the relevant part thereof, and audited accounts in respect of the calendar year, or in the first two years of its operations the relevant part thereof, prior to that,

• (f) provide such information regarding the operation of the registration body as the Minister may from time to time require and

• (g) notify the relevant local authority or, as appropriate, the Agency where it is evident to the registration body that a producer has failed to comply with any provision or provisions of these Regulations and to provide all relevant information and data,

having regard to any conditions that the Minister may apply in approving the registration body in accordance with the provisions of article 6.

• (3) Without prejudice to sub-article (2) the registration body may, where appropriate, procure the services of a -

• (a) person or persons,

• (b) association or associations, or, as appropriate,

• (c) body corporate or bodies corporate,

to undertake any or all of the functions allotted to it.

Powers of the Registration Body.

9.

• (a) determine applications for registration and to issue approvals or refusals in accordance with the provisions of article 12,

• (b) issue certificates of registration and registration numbers,

• (c) obtain a statement from the external auditors of any producer relating to financial information or, as appropriate, examine the records of any producer relating to -

• (i) the quantities, by weight or, as appropriate, by number of units, of waste electrical and electronic equipment arising from electrical and electronic equipment placed on the market by a producer,

• (ii) details of financial guarantees, and

• (iii) market data including the quantities, by weight or, as appropriate, by number of units, of electrical and electronic equipment placed on the market by a producer,

• (d) receive annual subscriptions, or make charges (hereafter in this Part referred to as `the fees') to provide for the effective carrying out of its functions, and

• (e) set the level of the fees which it may review from time to time.

• (2) Without prejudice to sub-article (1), where any or all of the registration functions are sub-contracted to a third party, the powers laid down in sub-article (1)(c) shall transfer to the third party concerned.

• (3) Without prejudice to sub-article (2), a third party empowered to determine the total quantity of collected waste electrical and electronic equipment attributable to each individual producer, including the members of any approved body established in accordance with the provisions of Part IV of these Regulations, shall be prohibited from providing to any person or persons, including the contracting registration body, any information or data either verbally, in written or in electronic form -

• (a) concerning the quantity of collected waste electrical and electronic equipment attributable to, or, as appropriate,

• (b) that may be used to identify or, as appropriate, calculate the market share of,

any individual producer other than to the individual producer concerned.

Obligation of producers to register with the Registration Body.

10.

• (a) be registered with the registration body and declare to it or, as appropriate, a third party acting on its behalf that any electrical and electronic equipment that he or she has placed or will place on the market is marked in accordance with the provisions of article 27(1),

• (b) display the registration number issued to him or her in accordance with the provisions of article 12 on any invoice credit note, dispatch and delivery docket issued to a distributor by him or her on or from 13 August 2005, and

• (c) pay the fees as may be determined by the registration body or as appropriate, a third party acting on its behalf.

• (2) A producer who -

• (a) fails to comply with any of the provisions of sub-article (1),

• (b) who is deemed not to be registered in accordance with article 12(2) or, as appropriate,

• (c) is refused an application for renewal of registration in accordance with the provisions of article 12(4),

shall be prohibited from placing electrical and electronic equipment on the market.

Application for registration or renewal of registration.

11.

• (a) apply for registration to the registration body or, as appropriate a third party acting on its behalf not later than 20 July 2005 or the date of commencement of business, whichever is the later and

• (b) apply for renewal of such registration to the registration body or, as appropriate, a third party acting on its behalf not later than 31 January in each year following initial registration for the relevant calendar year, subject only that a producer shall not be required to make such application within six months of -

• (i) initial registration, or

• (ii) the date a producer was required to apply for initial registration in accordance with the provisions of paragraph (a),

whichever is the earlier.

• (2) An application for registration in accordance with the provisions of sub-article (1) shall be made in writing, shall contain at least the information set out in Part 1 of the Third Schedule, and shall be accompanied by a -

• (a) declaration from the applicant -

• (i) detailing arrangements for providing adequate financial guarantees that will be required in accordance with the provisions of article 16,

• (ii) where the applicant displays environmental management costs, detailing the current substantiated cost of the environmentally sound waste management of each type of electrical and electronic equipment placed on the market prior to 13 August 2005 together with details as to how such costs are determined, and

• (b) where the applicant displays environmental management costs a report from an independent person who is qualified at the time of the report to be appointed, or to continue to be, the auditor of the applicant if the applicant is a company, or if the applicant is not a company, would be qualified to be auditor if the applicant were a company, containing a statement of whether or not, in the independent person's opinion, the data used to compute the current substantiated cost of the environmentally sound waste management of each type of electrical and electronic equipment placed on the market prior to 13 August 2005 was obtained from the books of account or other records maintained by the applicant, or

• (c) a copy of a valid certificate granted to the applicant by an approved body established in accordance with the provisions of Part IV of these Regulations stating that such producer is participating, in a satisfactory manner, in a scheme for the environmentally sound management of waste electrical and electronic equipment.

• (3) An application for renewal of registration in accordance with the provisions of sub-article (1) shall be made in writing, shall contain at least the information set out in Part 2 of the Third Schedule, and shall be accompanied by a -

• (a) declaration from the applicant -

• (i) providing details of the -

• (A) financial guarantees in place that are, and

• (B) arrangements for providing adequate financial guarantees that will be,

required in accordance with the provisions of article 16 and

• (ii) where the applicant displays environmental management costs, detailing the current substantiated cost of the environmentally sound waste management of each type of electrical and electronic equipment placed on the market prior to 13 August 2005, together with details as to how such costs are determined, and

• (b) a report from an independent person who is qualified at the time of the report to be appointed, or to continue to be, the auditor of the applicant if the applicant is a company, or if the applicant is not a company, would be qualified to be auditor if the applicant were a company, containing a statement of whether or not, in the independent person's opinion, -

• (i) the details of financial guarantees that are in place were and

• (ii) where the applicant displays environmental management costs, the data used to compute the current substantiated cost of the environmentally sound waste management of each type of electrical and electronic equipment placed on the market prior to 13 August 2005 was,

obtained from the books of account or other records maintained by the applicant, or

• (c) a copy of a valid certificate granted to the applicant by an approved body established in accordance with the provisions of Part IV of these Regulations stating that such producer is participating, in a satisfactory manner, in a scheme for the environmentally sound management of waste electrical and electronic equipment.

• (4) An application for registration or for renewal of registration in accordance with the provisions of article sub-article (1) shall be accompanied by the fee determined by the registration body.

• (5) A producer shall notify the registration body or, as appropriate, a third party acting on its behalf of any changes to the information provided in an application for registration, or as the case may be, the last preceding application for renewal of registration within 10 working days of such change.

• (6) Without prejudice to sub-articles (2) and (3) from 1 January 2006 onwards, an application for, or renewal of, registration in accordance with the provisions of sub-article (1) -

• (a) prior to 1 July 2006 shall be accompanied by a declaration from the producer that all electrical and electronic equipment he or she will place on the market from 1 July 2006 will comply, or

• (b) on or after 1 July 2006 shall be accompanied by a declaration from the producer that all electrical and electronic equipment he or she places on the market complies.

with the requirements of the RoHS Directive.

• (7) Without prejudice to sub-article (1), an application for registration or for renewal of registration to the registration body or, as appropriate, a third party acting on its behalf may be made by an approved body established in accordance with the provisions of Part IV of these Regulations on behalf of any producer in respect of which a certificate for the purposes of article 30 has been granted.

Certification of producers.

12.

• (a) who makes an application, or

• (b) on whose behalf an application has been made,

in accordance with the provisions of article 11 shall be registered by the registration body provided that the requirements of articles 10 and 11 are complied with.

• (2) A producer shall not be deemed to be registered until a Certificate of Registration and registration number has issued by the registration body or, as appropriate, a third party acting on its behalf.

• (3) The registration body or, as appropriate, a third party acting on its behalf shall issue a Certificate of Registration or a Certificate of Renewal of Registration bearing a unique registration number as expenditously as possible and, in any event, within -

• (a) six weeks of the date of receipt of an application for registration or renewal of registration, or

• (b) two weeks after the date of receipt of further information or particulars requested by the registration body in connection with such an application,

whichever is the later.

• (4) Without prejudice to sub-articles (1) and (3), the registration body may refuse an application for renewal of registration in accordance with the provisions of this article where it considers that a producer has, in the preceding twelve month period, failed to -

• (a) achieve the targets specified in article 22,

• (b) maintain satisfactory records in accordance with the provisions of article 23,

• (c) provide the information specified in articles 11, 24, 25, 27, 28 or 29, or, as appropriate,

• (d) comply with the provisions of Regulations made under section 53II of the Act,

• (5) Without prejudice to sub-article (3), up until 27 July 2005, the registration body or, as appropriate, a third party acting on its behalf shall issue a provisional Certificate of Registration bearing a unique registration number, within one week of the date of receipt of an application on or before 20 July 2005 for registration in accordance with the provisions of article 11 which shall be valid until-

• (a) it is determined that the requirements of articles 10 and 11 are complied with and a Certificate of Registration is issued in accordance with the provisions of sub-article (3), or

• (b) no later than 31 January 2006,

whichever is the earlier.

Distance Sellers

13.

• (a) register in accordance with the provisions of article 10,

• (b) notify the registration body or, as appropriate, a third party acting on its behalf at the time of registration or, as appropriate, renewal of registration, that he or she supplies electrical and electronic equipment by means of distance communication and confirm that all such equipment placed on the market complies with the requirements of these Regulations,

• (c) upon a request from the -

• (i) registration body or, as appropriate, a third party acting on its behalf,

• (ii) local authority in the functional area where the registered office, or, if not a company, the principal place of business of the producer is located or, as appropriate,

• (iii) Agency,

undertake to provide it with information that demonstrates to its satisfaction, he or she has complied with his or her obligations in accordance with the provisions of Article 8 of the Directive to provide financing for the environmentally sound management of waste electrical and electronic equipment from private households deposited at collection points in the Member State of the European Union where the final user of the equipment resides and is complying with his or her obligations in accordance with the provisions of Article 9 of the Directive to finance the environmentally sound management of waste electrical and electronic equipment from users other than private households.

PART III MANAGEMENT OF WASTE ELECTRICAL AND ELECTRONIC EQUIPMENT

Distributor responsibility.

14.

• (a) be prohibited from distributing electrical and electronic equipment placed on the market by a producer who -

• (i) is not in possession of a valid Certificate of Registration or a Certificate of Renewal of Registration in accordance with the provisions of article 12, or

• (ii) does not display the registration number issued to said producer in accordance with the provisions of article 12 on any invoice, credit note, dispatch or delivery docket in respect of electrical and electronic equipment supplied to the distributor concerned.

• (b) ensure that when—

• (i) supplying a new product, waste electrical and electronic equipment from private households can be returned to him or her at least free of charge on a one-to-one basis as long as the waste electrical and electronic equipment is of equivalent type or has fulfilled the same function as the supplied equipment other than contaminated waste electrical and electronic equipment that presents a health and safety risk unless such contamination is on account of a distributor's liability under the Sale of Goods and Supply of Services Act, 1980 (No. 16 of 1980), and

• (ii) waste electrical and electronic equipment from private households is accepted for return by him or her, it is transported and stored in accordance with sections 34 and 39 of the Act,

• (2) Distributors shall fulfil the obligation in sub-article (1)(b)(i) in instances where the supplied electrical and electronic equipment -

• (a) is delivered to the purchaser and where the waste electrical and electronic equipment of equivalent type or which has fulfilled the same function as the supplied equipment -

• (i) is available at its place of ordinary use for immediate collection, and at the time of collection, is not connected to any electrical, gas or water supply, waste water pipe, or permanent structure, by collecting it on delivery, provided that the distributor has given at least 24 hours notice of delivery, or

• (ii) where such equipment is not available for immediate return -

• (A) on account of less than 24 hours notice having been given for collection; by arranging for and collecting it within 15 days of the date of delivery, provided that the waste electrical and electrical equipment concerned is not connected to any electrical, gas or water supply, waste water pipe, or permanent structure, and the distributor has given at least 24 hours notice of collection, or

• (B) by accepting it, at all reasonable times at any or every place of business from which he or she distributes electrical and electronic equipment within a maximum of 30 days of the date of delivery, or

• (b) has not been delivered to the purchaser, by accepting, at all reasonable times at any or every place of business from which he or she distributes electrical and electronic equipment, the waste electrical and electronic equipment of equivalent type, or which has fulfilled the same function as the supplied equipment, within a maximum of 15 days of the date of purchase.

• (3) Distributors, with the agreement of the appropriate local authorities who shall have regard to any guidelines which the Minister may issue from time to time, may make alternative arrangements for ensuring that the obligations in sub-article (1)(b)(i) are fulfilled by other means by a -

• (a) nominated distributor,

• (b) group of distributors or, as appropriate,

• (c) a third party acting on their behalf,

provided they ensure that returning the waste electrical and electronic equipment is not thereby made more difficult for the final user and provided that the alternative arrangements remain at least free of charge for the final user.

• (4) When household electrical and electronic equipment is distributed distributors -

• (a) shall indicate in writing to each purchaser the last date on which the waste electrical and electronic equipment from private households of equivalent type or has fulfilled the same function to the electrical and electronic equipment distributed can be returned at least free of charge to the distributor, or, as appropriate,

• (b) may indicate in writing to each purchaser an alternative collection point that is in place for accepting the waste electrical and electronic equipment, where alternative arrangements provided for in sub-article (3) have been agreed and provided that returning it is not thereby made more difficult for the final user and that the alternative arrangements remain at least free of charge for the final user.

• (5) A distributor to whom sub-article (3) applies shall fix and maintain, in a conspicuous position at or within one metre of each entrance to his or her premises, a notice complying with the requirements specified in Part 1 of the Fourth Schedule.

• (6) Without prejudice to sub-article (2), distributors, their servants or agents shall be prohibited from offering orally or in written form -

• (a) any reduction or discount on the retail price for any item of electrical and electronic equipment for the purposes of the reduced or discounted, or, as appropriate,

• (b) two retail prices for any item of electrical and electronic equipment for the purposes of the lower,

retail price being predicated on the distributor not having to fulfil his or her obligation in sub-article (1)(b)(i).

• (7) Without prejudice to sub-article (2), where a producer or, as appropriate, a distributor supplies electrical and electronic equipment by means of distance communication he or she shall -

• (a) place a visible and legible notice -

• (i) at each point on his or her website or other electronic means of communication where -

• (A) electrical and electronic equipment being distributed is displayed,

• (B) the retail price of electrical and electronic equipment is quoted, or, as appropriate,

• (C) the ordering and financial transaction confirming purchase of electrical and electronic equipment is undertaken, or, as appropriate,

• (ii) in each of his or her catalogues, brochures, or, as appropriate, mail-shots,

indicating that he or she will take back waste electrical and electronic equipment from private households at least free of charge on a one-to-one basis as long as the waste electrical and electronic equipment is of equivalent type or has fulfilled the same function as the supplied equipment together with details of any or every place of business in the State from which he or she distributes electrical and electronic equipment, or, as appropriate, an address in the State where he or she takes back waste electrical and electronic equipment.

• (b) notify customers when distributing electrical and electronic equipment for private households by voice telephony services including telesales and telemarketing, that he or she will take back waste electrical and electronic equipment from private households at least free of charge on a one-to-one basis as long as the waste electrical and electronic equipment is of equivalent type or has fulfilled the same function as the supplied equipment together with details of any or every place of business in the State from which he or she distributes electrical and electronic equipment, or, as appropriate, an address in the State where he or she takes back waste electrical and electronic equipment, and

• (c) Without prejudice to paragraphs (a) and (b), a producer or, as appropriate, a distributor who supplies electrical and electronic equipment by means of distance communication shall accept the waste electrical and electronic equipment of equivalent type or which has fulfilled the same function as the supplied equipment -

• (i) provided that he or she has given at least 24 hours notice of delivery, by collecting it on delivery provided it is available at its place of ordinary use for immediate collection and at the time of collection is not connected to any electrical, gas or water supply, waste water pipe or permanent structure, or

• (ii) where such equipment is not available for immediate return, -

• (A) on account of less than 24 hours notice having been given for collection; by arranging for and collecting it within 15 days of the date of delivery, provided that the waste electrical and electrical equipment concerned is not connected to any electrical, gas or water supply, waste water pipe, or permanent structure, and the distributor or producer concerned has given at least 24 hours notice of collection, or

• (B) by accepting it at -

• (I) any or every place of business in the State from which he or she distributes electrical and electronic equipment, or as appropriate,

• (II) an address in the State,

when occupied by the producer or, as appropriate, the distributor concerned or by any of his or her servants or agents within a maximum of 30 days of the date of delivery.

Disposal of waste electrical and electronic equipment by distributors.

15.

• (a) prohibited from -

• (i) transferring to any person or persons waste electrical and electronic equipment, with the exception of -

• (A) a collector who is acting on behalf of -

• (I) the producer responsible for financing the environmentally sound management of the waste electrical and electronic equipment concerned in accordance with the provisions of article 16, or, as appropriate,

• (II) an approved body established in accordance with the provisions of Part IV or its representative, or, as appropriate,

• (B) a producer who is responsible for financing the environmentally sound management of the waste electrical and electronic equipment concerned in accordance with the provisions of article 16, or, as appropriate,

• (C) an approved body established in accordance with the provisions of Part IV or its representative,

that is permitted in accordance with the provisions of section 34 of the Act, and

• (ii) selling waste electrical and electronic equipment from private households, other than -

• (A) equipment that will be reused by members of the general public for the purpose it was originally intended, or, as appropriate,

• (B) components from such equipment for the sole use as spare parts for the repair, or the reuse, of electrical and electronic equipment, and

• (b) entitled to dispose of waste electrical and electronic equipment from private households free of charge at a civic amenity facility where the obligations in articles 14 and 37 are fulfilled subject to -

• (i) prior agreement with the operator of such a facility on the maximum quantity, by weight or, as appropriate, by number of units, of waste consignments together with the size and type of vehicle or vehicles to be permitted access to the aforementioned facility and any conditions that may be appropriate, and

• (ii) the waste electrical and electronic equipment is transported in or on a vehicle registered in accordance with the provisions of section 131 of the Finance Act 1992 ( No. 9 of 1992 ).

• (2) Without prejudice to sub-article (1)(b), where it is established a civic amenity facility -

• (a) has insufficient space to cater for the quantities of waste electrical and electronic equipment to be deposited, or, as appropriate,

• (b) on account of its location cannot cater for vehicles of a particular size,

the local authority in whose functional area the civic amenity site is located or the operator acting on its behalf may direct a distributor to deposit such waste electrical and electronic equipment at an alternative collection point operated by the local authority or on its behalf, or, as appropriate,

• (3) Without prejudice to sub-article (1)(b), each distributor of electrical and electronic equipment shall be entitled to dispose of waste electrical and electronic equipment from private households free of charge at a civic amenity facility until 13 February 2006 where the obligation in article 14 is fulfilled, subject to -

• (a) the distributor concerned demonstrating that he or she has -

• (i) applied for registration in accordance with the provisions of article 37, and

• (ii) been issued with a registration number in accordance with the provisions of section 9 of the Value Added Tax Act 1972 (No. 22 of 1972),

• (b) prior agreement with the operator of such a facility on the maximum quantity, by weight or, as appropriate, by number of units, of waste consignments together with the size and type of vehicle or vehicles to be permitted access to the aforementioned facility and any conditions that may be appropriate,

• (c) the waste electrical and electronic equipment is transported in or on a vehicle registered in accordance with the provisions of section 131 of the Finance Act 1992 ( No. 9 of 1992 ), and

• (d) the provisions of sub-article (2).

Financing the take back of waste electrical and electronic equipment from private households.

16.

• (a) his or her own products for electrical and electronic equipment for private households placed on the market as and from 13 August 2005, and

• (b) all products of electrical and electronic equipment for private households placed on the market prior to 13 August 2005 in proportion to his or her current share of the market by type of equipment as categorised in the First Schedule, as determined by the registration body or, as appropriate, a third party acting on its behalf, when the respective costs occur.

• (2) When a product is placed on the market as referred to in sub-article (1)(a), the producer shall provide, within the tenth working day of the month following its placement on the market, a financial guarantee showing that the full cost of the environmentally sound management of waste electrical and electronic equipment will be financed when it is discarded by the final user.

• (3) The financial guarantee, provided for in sub-article (2) shall consist of —

• (a) a blocked bank account into which at least shall be deposited -

• (i) the current substantiated costs of the environmentally sound management of waste electrical and electronic equipment that will arise from private households when it is placed on the market, and

• (ii) the interest that would accrue on the amount referred to in paragraph (i) when compounded on a daily basis at a margin of 5 points above the one month EURIBOR rate for the period of not less than the projected average life of the electrical and electronic equipment concerned as declared in accordance with the provisions of articles 11(2) and 11(3),

as set out in the Fifth Schedule

• (b) an insurance policy or policies, covering at least all of the costs of the environmentally sound management of waste electrical and electronic equipment that will arise from electrical and electronic equipment placed on the market by the producer concerned, with an undertaking or undertakings registered in accordance with the European Communities (Non-Life Insurance) Framework Regulations 1994 ( S.I. No. 359 of 1994 ), other than a captive insurer, for a period of not less than the life of the product,

• (c) self-insurance provided a producer maintains a minimum balance of €15,000,000 or 10% of annual turnover of electrical and electronic equipment in the State, which ever is the greater in a blocked bank account, to cover at least all of the costs of the environmentally sound management of waste electrical and electronic equipment that will arise from electrical and electronic equipment placed on the market by him or her, or, as appropriate,

• (d) a bond or bonds issued by an undertaking or undertakings -

• (I) registered in accordance with the European Communities (Non-Life Insurance) Framework Regulations 1994 ( S.I. No. 359 of 1994 ), or, as appropriate,

• (II) holding a valid banking licence issued in accordance with the provisions of the Central Bank Act 1971 (No. 24 of 1971),

covering at least -

• (A) the current substantiated costs of the environmentally sound management of waste electrical and electronic equipment that will arise from electrical and electronic equipment when it is placed on the market, and

• (B) the interest that would accrue on the amount referred to in paragraph (A) when compounded on a daily basis at a margin of 5 points above the one month EURIBOR rate for a period of not less than the projected average life of the electrical and electronic equipment concerned as declared in accordance with the provisions of articles 11(2) and 11(3),

as set out in the Fifth Schedule.

• (4) Each producer shall ensure when an existing form of financial guarantee is substituted for another form as provided for in -

• (a) sub-articles (3)(a), and (3)(d) that the substitute financial guarantee shall cover at least -

• (i) the current substantiated costs of the environmentally sound management of waste electrical and electronic equipment that will arise from electrical and electronic equipment that he or she places on the market from 13 August 2005 onwards that has, at the time of substitution not been discarded, by the final user, and

• (ii) the interest that would accrue on the amount referred to in paragraph (i) when compounded on a daily basis at a margin of 5 points above the one month EURIBOR rate for a period of not less than the projected average life of the electrical and electronic equipment concerned as declared in accordance with the provisions of articles 11(2) and 11(3),

as set out in the Fifth Schedule.

• (b) sub-articles (3)(b), that the substitute financial guarantee shall cover at least all of the costs of the environmentally sound management of waste electrical and electronic equipment that will arise from electrical and electronic equipment placed on the market by the producer concerned, or, as appropriate

• (c) sub-article 3(c), he or she maintains a minimum balance of €15,000,000 or 10% of annual turnover in the State, which ever is the greater, in a blocked bank account, to cover at least all of the costs of the environmentally sound management of waste electrical and electronic equipment that will arise from electrical and electronic equipment placed on the market by him or her.

• (5) A withdrawal or withdrawals from a blocked bank account provided for in sub-article (3) shall only be permitted for the purposes of -

• (a) financing the environmentally sound management of waste electrical and electronic equipment arising from electrical and electronic equipment placed on the market from 13 August 2005 onwards,

• (b) the payment of any taxes on interest received to the appropriate agency, or, as appropriate,

• (c) obtaining the interest earned from such an account less any -

• (I) taxes payable in accordance with the provisions of paragraph (b), or, as appropriate,

• (II) charges levied by the financial institution holding or, as appropriate, managing such funds.

• (6) The closure of a blocked bank account provided for in -

• (a) sub-article (3)(a) shall only be permitted when -

• (ii) all the liabilities and obligations, in accordance with the provisions of sub-article (1), of a producer, who has ceased placing electrical and electronic equipment on the market, have been discharged in full and the discharge of such liabilities are confirmed by the production of a satisfactory statement from the external auditors of the producer concerned, or

• (ii) a producer -

• (A) obtains a substitute financial guarantee provided for in sub-articles 3(b), 3(c) or, as appropriate 3(d), or

• (B) is accepted into membership of an approved body established in accordance with the provisions of Part IV, or, as appropriate,

• (b) sub-article (3)(c) shall only be permitted when -

• (i) all the liabilities and obligations, as laid down in sub-article (1), of a producer, who has ceased placing electrical and electronic equipment on the market, have been discharged in full and the discharge of such liabilities are confirmed by the production of a satisfactory statement from the external auditors of the producer concerned, or

• (ii) a producer -

• (A) obtains a substitute financial guarantee provided for in sub-articles 3(a), 3(b) or, as appropriate 3(d), or

• (B) is accepted into membership of an approved body, established in accordance with the provisions of Part IV which agrees to accept all his or her outstanding liabilities and obligations; as laid down in sub-article (1).

• (7) A reduction in the outstanding liability of a bond or bonds provided for in sub-article (3)(d) shall only be permitted following the discharge of liabilities to finance the environmentally sound management of waste electrical and electronic equipment arising from electrical and electronic equipment placed on the market from 13 August 2005 onwards and shall be limited to the costs incurred in discharging those liabilities.

• (8) The termination of a bond or bonds provided for in sub-article (3)(d shall only be permitted -

• (a) when all the liabilities and obligations, in accordance with the provisions of sub-article (1), of a producer, who has ceased placing electrical and electronic equipment on the market, have been discharged in full, and the discharge of such liabilities are confirmed by the production of a satisfactory statement from the external auditors of the producer concerned, or

• (b) a producer -

• (I) obtains a substitute financial guarantee provided for in sub-articles 3(a), 3(b) or, as appropriate, 3(c), or

• (II) is accepted into membership of an approved body established in accordance with the provisions of Part IV.

• (9) Subject to sub-article (10), on and from 13 August 2005, separate identification of the costs of the environmentally sound management of waste electrical and electronic equipment from private households shall be prohibited.

• (10) Notwithstanding sub-article (9), on and from 13 August 2005 environmental management costs may be shown separately to the buyers of electrical and electronic equipment provided the cost shown does not exceed the current substantiated cost of the environmentally sound management of that equipment type until -

• (a) 13 February 2011 for the electrical and electronic equipment listed in categories 2-10 of the First Schedule, and

• (b) 13 February 2013 for the electrical and electronic equipment listed in category 1 of the First Schedule.

• (11) Each producer or, as appropriate, distributor who displays environmental management costs shall be required to ensure that all costs shown do not exceed the current substantiated costs of the environmentally sound management of waste electrical and electronic equipment, incurred by both producers and distributors, arising from electrical and electronic equipment placed on the market prior to 13 August 2005.

• (12)
• (a) Without prejudice to sub-article 11, any distributor who distributes electrical and electronic equipment supplied by a producer who displays environmental management costs shall be required to ensure that such costs are indicated in writing to each purchaser,

• (b) Notwithstanding paragraph (a), environmental management costs shall be indicated by the distributor concerned visibly and legibly in writing on -

• (i) any invoice, receipt or docket issued at the point of sale to the purchaser of electrical and electronic equipment and

• (ii) a notice complying with the requirements specified in Part 2 of the Fourth Schedule, that shall be fixed and maintained, in a conspicuous position within one metre of the point of sale of electrical and electronic equipment.

• (c) Notwithstanding paragraph (a), where, a producer or, as appropriate a distributor supplies electrical and electronic equipment by means of distance communication that was placed on the market by a producer who displays an environmental management cost in accordance with the provisions of sub-article (10) he or she shall, in addition to complying with the provisions of paragraph (b), indicate environmental management costs visibly and legibly in writing -

• (i) on his or her website or other electronic means of communication, or, as appropriate.

• (ii) in each of his or her catalogues, brochures, or, as appropriate, direct mail communications.

• (d) Notwithstanding paragraph (a), where, for the purposes of or in connection with the distribution by a person of electrical and electronic equipment, the price of the electrical and electronic equipment is stated orally by the person or by a servant or agent of the person or is stated on the electrical and electronic equipment or on any container or wrapper in which the electrical and electronic equipment is packed or on a ticket or label attached to the electrical and electronic equipment or to such container or wrapper or in a catalogue or advertisement or in a notice or other document, the price (hereafter in this sub-article referred to as the `retail price') so stated shall be stated as a single amount inclusive of any charge made by the producer for any environmental management cost payable in respect of the electrical and electronic equipment.

• (e) Notwithstanding paragraphs (b) and (c), each -

• (i) invoice, receipt or docket issued at the point of sale to the purchaser,

• (ii) website or other electronic means of communication, or as appropriate,

• (iii) catalogue, brochure, or, as appropriate, direct mail communication,

displaying an environmental management cost shall state “Producer Recycling Fund [amount of environmental management cost]”.