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

• (f) Without prejudice to paragraph (d), where a price notice relating to a specific item of electrical and electronic equipment placed on the market by a producer who displays an environmental management cost in accordance with the provisions of sub-article (10), is displayed -

• (i) in a distributor's premises, he or she shall, in addition to the retail price,

• (ii) on a website or other electronic means of communication by a producer, or as appropriate a distributor, he or she shall, in addition to the retail price at each point where the retail price is quoted or, as appropriate, the ordering and financial transaction confirming the purchase of such electrical and electronic equipment is undertaken,

• (iii) in a distributor's catalogues, brochures, or, as appropriate, direct mail communications he or she shall in addition to the retail price, or, as appropriate,

• (iv) in any advertisement, the distributor concerned shall, in addition to the retail price,

display the environmental management cost which shall be described as “Producer Recycling Fund” for that item and the amount equal to the retail price less the appropriate environmental management cost..

• (g) Notwithstanding paragraph (e), in addition to an invoice receipt or docket displaying an environmental management cost issued at the point of sale to the purchaser, each distributor shall make available to the purchaser concerned an accompanying document which shall state “the price of this item includes a contribution to a producer recycling fund to ensure that waste electrical and electronic equipment is collected and recycled in a responsible manner.”

• (h) Notwithstanding paragraph (f), the display of the retail price with regard to each item of electrical and electronic equipment shall not be less prominent than the environmental management cost and the amount equal to the retail price less the appropriate environmental management cost displayed with regard to said item.

• (i) Notwithstanding paragraph (a), up until 13 February 2006. -

• (i) paragraph (d) shall not apply to the price of the electrical and electronic equipment displayed by a distributor in a catalogue, provided that the environmental management costs together with the retail price is indicated visibly and legibly in writing on a brochure or brochures -

• (A) readily available at all times in a conspicuous position at or within three metres of each entrance to his or her premises and at any location in his or her premises where catalogues are available, and

• (B) supplied to the customer with the catalogue, and

• (ii) paragraph (f)(i) shall not apply.

• (13) Subject to sub-article (1), on and from 13 August 2005, a producer shall within 5 working days of being requested so to do by a local authority or a third party acting on its behalf, collect, or arrange for the collection of, from any civic amenity facility operated by that local authority or on its behalf, any waste electrical and electronic equipment relating to products of a type and brand supplied by that producer.

• (14) Where a producer fails to comply with the requirements of sub-article (13) a local authority may make alternative arrangements for the environmentally sound management of any waste electrical and electronic equipment relating to products of a type and brand supplied by that producer and may obtain from the producer in addition to the actual costs of the environmentally sound management, any other costs incurred including, but not exclusive to, administrative, logistical and storage costs, at a rate or rates as to be determined by the local authority concerned together with an agency fee not exceeding 10% of the total costs incurred.

• (15) Without prejudice to sub-article (2), in the event that the business of a producer is transferred in whole or in part to another person or persons the producer shall remain responsible for the full costs of financing the environmentally sound management of electrical and electronic equipment which he or she has placed on the market, until such time that he or she demonstrates that the person or persons to whom a transfer has been made is or are competent and in agreement to meet all the obligations of the producer in respect of any such electrical and electronic equipment, including fulfilling the obligation of producers to finance the environmentally sound management of waste electrical and electronic equipment, in accordance with the provisions of sub-article (1) and the requirement of producers to meet all recovery targets in accordance with the provisions of article 22.

• (16) Without prejudice to sub-article (2), in the event that the business of a producer -

• (a) ceases to trade,

• (b) goes into liquidation, examination or, as appropriate receivership, or, as appropriate,

• (c) enters into a scheme of arrangement or compromise in accordance with the provisions of section 21 of the Companies Acts 1963 to 2001,

the financial guarantee provided for in sub-article (3) shall not be used by any person or persons, including the liquidator, examiner, receiver or, as appropriate, administrator concerned for any purpose, including the discharge of liabilities to creditors, whether secured creditors preferential creditors, creditors claiming under retention of title creditors with claims supported by guarantees or indemnities, ordinary creditors or, as appropriate, subordinated creditors, other than for fulfilling the obligations of the producer concerned as laid down in sub-article (1).

• (17) Without prejudice to sub-articles (3) and (4), the one month EURIBOR rate to be applied shall be the rate applicable on the last day of the month that electrical and electronic equipment is placed on the market.

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

17.

• (a) he or she places on the market on and from 13 August 2005, or as appropriate,

• (b) placed on the market prior to 13 August 2005 that is replaced by him or her with new equivalent products or with new products fulfilling the same function.

• (2) Where waste arising from electrical and electronic equipment for users other than private households which was placed on the market prior to 13 August 2005 is not being replaced with products of equivalent type or new products fulfilling the same function, the final user of that waste shall be responsible for -

• (a) its delivery to a recovery facility carrying out the treatment of waste electrical and electronic equipment, and

• (b) financing its treatment, recovery and environmentally sound disposal.

Alternative Financing Arrangements.

18.

• (2) Where producers and users of electrical and electronic equipment for users other than private households conclude agreements stipulating other financing methods provided for in sub-article (1), the producer shall notify that user of his or her obligations to fulfil the provisions of articles 21 and 22.

Collection of waste electrical and electronic equipment.

19.

• (a) final users of waste electrical and electronic equipment from private households shall be entitled to deposit such waste at civic amenity facilities at least free of charge,

• (b) each producer shall ensure that he or she or a third party acting on his or her behalf shall make adequate arrangements to provide for the collection -

• (i) of waste electrical and electronic equipment arising from private households that was placed on the market prior to 13 August 2005 in proportion to his or her current respective share of the market by type of equipment as categorised in the First Schedule, or, as appropriate,

• (ii) all waste electrical and electronic equipment from private households arising from electrical and electronic equipment that he or she has placed on the market on and from 13 August 2005.

from collection points and civic amenity facilities situated in the functional area of each local authority, and

• (c) each local authority may designate any premises of a distributor as a collection point, subject to the agreement of the distributor concerned and, where appropriate, an approved body established in accordance with the provisions of Part IV of these Regulations.

Storage of waste electrical and electronic equipment.

20.

Treatment of waste electrical and electronic equipment.

21.

• (a) producer that is responsible for financing the environmentally sound management of waste electrical and electronic equipment in accordance with the provisions of articles 16 and 17(1), or, as appropriate,

• (b) final user of waste electrical and electronic equipment from users other than from private households that -

• (i) is responsible for financing its environmentally sound management in accordance with the provisions of article 17(2), or

• (ii) avails of alternative financing methods as provided for in article 18(1),

shall ensure that its treatment shall, as a minimum, include the removal of all fluids and a selective treatment in accordance with the requirements as set out in the Seventh Schedule.

• (2) Without prejudice to sub-article (1), where waste electrical and electronic equipment is treated in a third country, the producer shall -

• (a) ensure it is treated at a facility appropriately licensed or, as appropriate, permitted by the relevant authority or authorities in the third country concerned, and

• (b) furnish documentary evidence that the requirements of article 22 have been complied with.

Recovery of waste electrical and electronic equipment.

22.

• (a) for waste electrical and electronic equipment falling under categories 1 and 10 of the First Schedule, -

• (i) the rate of recovery shall a minimum of 80%, and

• (ii) component, material and substance reuse and recycling a minimum of 75%.

by an average weight per appliance.

• (b) for waste electrical and electronic equipment falling under categories 3 and 4 of the First Schedule, -

• (i) the rate of recovery shall be a minimum of 75%, and

• (ii) component, material and substance reuse and recycling a minimum of 65%.

by an average weight per appliance.

• (c) for waste electrical and electronic equipment falling under categories 2, 5, 6, 7 and 9 of the First Schedule, -

• (i) the rate of recovery shall be a minimum of 70%, and

• (ii) component, material and substance reuse and recycling shall be a minimum of 50%.

by an average weight per appliance, and

• (d) for gas discharge lamps, the rate of component, material and substance reuse and recycling shall be a minimum of 80% by weight of the lamps.

as determined in accordance with the provisions of Article 7.3 of the Directive.

Record keeping.

23.

• (a) the quantities, by weight or, as appropriate, by number of units and categories of electrical and electronic equipment in each of the categories specified in the First Schedule he or she placed on the market in -

• (i) each Member State of the European Union, and

• (ii) third countries, and

• (b) in accordance with the detailed rules for monitoring compliance as determined by Article 7.3 of the Directive, the mass of its waste electrical and electronic equipment, components materials and substances when entering and leaving a recovery facility carrying out the treatment of waste electrical and electronic equipment or as appropriate, when entering a recovery facility carrying out the recycling of waste electrical and electronic equipment.

• (2) Records kept pursuant to sub-article (1) shall be -

• (a) retained at an address in the State by the person required to keep them for a period of at least six years, starting from the end of the year in which they were drawn up, and

• (b) made available to the Agency, a local authority or, as appropriate, an appropriate agency on request within a specified period or by a specified date.

• (3) The provisions of sub-article (1) shall apply to waste electrical and electronic equipment from private households together with its components, materials and substances and waste electrical and electronic equipment from users other than private households together with its components, materials and substances.

WEEE waste management plans and reports.

24.

• (a) have prepared a plan specifying the steps to be taken by the said producer in order to comply with the requirements of these Regulations, including the steps which the producer intends to take to ensure the environmentally sound management of waste electrical and electronic equipment, and

• (b) fix and maintain, on and from 13 August 2005, in a conspicuous position at or within one metre of each entrance to each of his or her premises, other than a premises used for the distribution of electrical and electronic equipment, a notice complying with the requirements specified in Part 3 of the Fourth Schedule.

• (2) A plan in accordance with the provisions of sub-article (1)(a) shall contain at least the information set out in Part 1 of the Eighth Schedule.

• (3) A producer shall, not later than the date on which application for renewal of registration is made in accordance with the provisions of sub-article 11(3) -

• (a) have prepared a report specifying the steps taken by the said producer in order to comply with the requirements of these Regulations in the relevant period, and the results of those steps, and

• (b) fix and maintain, in a conspicuous position at or within one metre of each entrance to each of his or her premises, other than a premises used for the distribution of electrical and electronic equipment, a notice complying with the requirements specified in Part 4 of the Fourth Schedule.

• (4) A report in accordance with the provisions of sub-article (3)(a) shall contain at least the information set out in Part 2 of the Eighth Schedule.

• (5) A producer shall at least once every three years, and not later than the date on which application for renewal of registration in that year is made in accordance with the provisions of article 11(3), have prepared a new plan in accordance with the provisions of sub-article (1)(a).

• (6) A producer shall on the date on which application for -

• (a) registration is made in accordance with the provisions of article 11(1), or

• (b) renewal of registration is made in accordance with the provisions of article 11(3)

submit to the Agency for its approval a copy of a plan or report prepared for the purpose of this article.

• (7) An administration fee determined by the Agency shall accompany a copy of a plan or report submitted to it in accordance with the provisions of sub-article (6).

• (8) A copy of a plan or report prepared for the purpose of this article shall be made available, free of charge, by the producer concerned to any person who so requests within 10 working days of the date of receipt of the request.

• (9) For the purpose of this article, “made available” includes sending the plan or report, as the case may be, by post, fax or electronic mail to a person who so requests.

• (10) Notwithstanding article 16(12), the Agency shall in determining the adequacy of a plan submitted in accordance of sub-article (6) consult with the Minister with regard to any condition which the Minister may wish to apply relating to environmental management costs.

Obligation of producers to provide information to recovery facilities.

25.

• (a) reuse and treatment information,

• (b) the different electrical and electronic components, and materials, and

• (c) the location of dangerous substances and preparations,

in each type of electrical and electronic equipment he or she placed on the market as far as it is needed by those recovery facilities.

Format of information to be provided to recovery facilities.

26.

Obligation of producers to provide information to users of electrical and electronic equipment.

27.

• (a) each producer

• (i) shall ensure that he or she or a third party acting on his or her behalf marks indelibly, visibly and legibly each item of electrical and electronic equipment he or she places on the market with the symbol shown in the Ninth Schedule, and

• (ii) of household electrical and electronic equipment shall ensure when supplying a new product, that users are informed of -

• (A) the requirement not to dispose of waste electrical and electronic equipment as unsorted municipal waste and to have such waste electrical and electronic equipment collected separately,

• (B) their role in contributing to reuse, recycling and other forms of recovery of waste electrical and electronic equipment,

• (C) the potential effects on the environment and human health as a result of the presence of hazardous substances in electrical and electronic equipment, and

• (D) the meaning of the symbol shown in the Ninth Schedule.

• (2) Where due to the size or the function of the electrical and electronic equipment, it is not possible to comply with the provisions of sub-article (1)(a), then the symbol shall be printed on -

• (a) the packaging,

• (b) the instructions for use, and

• (c) the warranty of the product, and

• (d) a flag or tag permanently attached to any power lead, cable cord or strap that is permanently connected to said equipment.

Obligation of producers to provide information to the Registration Body.

28.

• (a) or a third party acting on his or her behalf shall declare, the quantities by weight or, as appropriate, by number of units, of electrical and electronic equipment for private households and electrical and electronic equipment for users other than private households in each of the categories specified in the First Schedule he or she placed on the market, to the registration body, or where any or all of the functions of the registration body have been devolved to a third party in accordance with the provisions of article 8(3), to the third party concerned -

• (i) by 29 July 2005, in respect of the calendar year ending 31 December 2004, and

• (ii) by 31 January of each year thereafter, in respect of the previous calendar year ending 31 December, or, as appropriate,

• (b) or a third party acting on his or her behalf shall submit the vouched details, including copy invoices, of the cost incurred, from 13 August 2005 onwards, by him or her for the environmentally sound management of waste electrical and electronic equipment arising from private households, to the registration body, or where any or all of the functions of the registration body have been devolved to a third party in accordance with the provisions of article 8(3), to the third party concerned.

Obligation of distributors to provide information to users of electrical and electronic equipment.

29.

• (2) The obligation of sub-article (1) will be deemed to have been met if the information is provided in the instructions for use or, as appropriate leaflets issued at the point of sale.

PART IV APPROVED BODIES

Exemption from certain requirements.

30.

• (a) private households shall be exempt from the requirements of articles 16, 19, 21, 22, 23, and 24, or, as appropriate.

• (b) users other than private households, shall be exempt from the requirements of articles 17, 19, 21, 22, 23, and 24,

unless and until such certification is revoked by the approved body concerned or otherwise ceases to have effect/be in force, or approval granted by the Minister to the body concerned is revoked in accordance with the provisions of article 33.

Application to the Minister for approval.

31.

• (2) An application for approval in accordance with the provisions of sub-article (1) shall be made in writing and shall be accompanied by the following -

• (a) a copy of the articles of association of the body corporate,

• (b) the appropriate certificate issued by the Companies Registration Office,

• (c) proposals relating to corporate governance,

• (d) proposals for representation of small and medium enterprises on the board of the approved body together with the names and addresses in the State of the officers of the body corporate and its board of directors,

• (e) a business plan in relation to the proposed scheme,

• (f) proposals for a contingency reserve,

• (g) proposals relating to co-operation with other approved bodies and individual producers who are not eligible for the exemptions provided for in article 30 including proposals in relation to the collection of waste electrical and electronic equipment from collection points together with civic amenity facilities in the appropriate functional areas of all local authorities,

• (h) proposals for a scheme to be undertaken by the body corporate for the environmentally sound management of waste electrical and electronic equipment,

• (i) proposals for the achievement of the targets as laid down in article 22 for the environmentally sound management of waste electrical and electronic equipment under the proposed scheme,

• (j) proposals for determining and verifying the level of the environmentally sound management of waste electrical and electronic equipment under the proposed scheme,

• (k) a copy of the rules of membership of the body corporate together with details of the membership fee structure,

• (l) a -

• (i) declaration that no producer applying for membership will be discriminated against on the grounds -

• (A) of the quantity or, as appropriate, type of electrical and electronic equipment that he or she places on the market, or, as appropriate,

• (B) that the body concerned is only catering for or will only cater for -

• (I) a maximum pre-determined share of waste arisings from electrical and electronic equipment, or, as appropriate,

• (II) waste arising from electrical and electronic equipment from a particular geographical location or locations,

in the State, and

• (ii) list of applications for membership -

• (A) received,

• (B) accepted, and

• (C) rejected together with the grounds for rejection.

• (m) proposals for the certification of producers for the purposes of article 30,

• (n) proposals relating to green procurement,

• (o) proposals relating to the dissemination of information to the public regarding the environmentally sound management of waste electrical and electronic equipment,

• (p) proposals detailing the nature and frequency of information (including financial accounts) to be submitted by the body concerned to the Minister or to such other person as may be specified by the Minister, or, as appropriate,

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

Grant or refusal of approval.

32.

• (2) Subject to article 33, an approval granted by the Minister under this article shall be for a period of not less than five years and not more than 10 years.

• (3) An approval in accordance with the provisions of sub-article (1) may be subject to such conditions as the Minister may specify, including conditions relating to -

• (a) the articles of association of the body corporate,

• (b) the appropriate certificate issued by the Companies Registration Office,

• (c) corporate governance,

• (d) the representation of small and medium enterprises on the board of the approved body and the composition of the board of directors,

• (e) the business plan,

• (f) a contingency reserve,

• (g) co-operation with other approved bodies and individual producers who are not eligible for the exemptions provided for in article 30 including the collection of waste electrical and electronic equipment from collection points together with civic amenity facilities in the appropriate functional areas of all local authorities,

• (h) any aspects of the scheme to be undertaken by the body corporate for the environmentally sound management of waste electrical and electronic equipment,

• (i) the achievement of the targets as laid down in article 22 for the environmentally sound management of waste electrical and electronic equipment,

• (j) the determination and verification of the effects of measures to be undertaken with regard to the environmentally sound management of waste electrical and electronic equipment,

• (k) the rules of membership of the body corporate and the membership fee structure,

• (l) non-discrimination against any producer on the grounds -

• (i) of the quantity or, as appropriate, type of electrical and electronic equipment that he or she places on the market or, as appropriate,

• (ii) that the body concerned is only catering for or will only cater for -

• (A) a maximum pre-determined share of waste arisings from electrical and electronic equipment, or, as appropriate,

• (B) waste arising from electrical and electronic equipment from a particular geographical location or locations,

in the State,

• (m) the certification of producers for the purpose of article 30,

• (n) green procurement,

• (o) measures to be undertaken by the body concerned relating to the dissemination of information to the public regarding the environmentally sound management of waste electrical and electronic equipment,

• (p) the nature and frequency of information (including financial accounts) to be submitted by the body concerned to the Minister or to such other person as may be specified by the Minister,

• (q) the application of environmental management costs notwithstanding article 16(12), or, as appropriate,

• (r) any other matters the Minister may consider appropriate.

• (4) Without prejudice to sub-article (3), in the event that an approved body -

• (a) has its approval revoked in accordance with the provisions of article 33,

• (b) goes into liquidation, examination or, as appropriate receivership, or, as appropriate,

• (c) enters into a scheme of arrangement or compromise in accordance with the provisions of section 21 of the Companies Acts 1963 to 2001,

the contingency reserve provided for in sub-article (3)(f), shall not be used by any person or persons, including the liquidator, examiner receiver or, as appropriate, administrator concerned for any purpose including the discharge of liabilities to creditors, whether secured creditors, preferential creditors, creditors claiming under retention of title, creditors with claims supported by guarantees or indemnities ordinary creditors or, as appropriate, subordinated creditors, other than for fulfilling the obligations of the producer concerned as laid down in these Regulations.

• (5) 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.

Review and revocation of approval.

33.

• (a) new targets for the environmentally sound management of waste electrical and electronic equipment need to be met,

• (b) it is necessary to ensure equitable distribution of producer responsibility obligations, or

• (c) for some other reason it is necessary in the interests of the environmentally sound management of waste electrical and electronic equipment,

he or she may review an approval granted in accordance with the provisions of article 32, or require the approved body to make a new application in accordance with the provisions of article 31 for a renewal of an approval.

• (2) Where the Minister proposes to review an approval granted in accordance with the provisions of article 32, or require the making of a new application in accordance with the provisions of article 31, the Minister shall -

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

• (b) specify a period of not less than four weeks within which the approved body may make a submission to the Minister in relation to a review, or make a new application in accordance with the provisions of article 31, as the case may be, and consider any submission, or application so made.

• (3) Following the consideration of any submission or application 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, or grant a new approval in accordance with the provisions of article 32, as the case may be.

• (4) Where an approval granted in accordance with the provisions of article 32 is due to expire, the approved body concerned shall -

• (a) 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 an approved body, or

• (b) if intending to continue to operate as an approved body, shall not later than two months before the expiry of the approval make an application to the Minister in accordance with the provisions of said article 31.

• (5) Subject to sub-article (6), where it appears to the Minister that an approved body is not complying with conditions attached to such approval, or that relevant targets for the environmentally sound management of waste electrical and electronic equipment have not been or are not being met, the Minister may review or, as appropriate revoke an approval granted in accordance article 32.

• (6) Where the Minister proposes to revoke an approval granted in accordance with the provisions of article 32, the Minister shall -

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

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

• (c) consider any submission so made.

Use of logo adopted by an approved body.

34.

Notifications to local authorities and the Registration Body.

35.

• (a) each local authority of any producer situated within the functional area of the authority, and

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

of any producer in respect of which a certificate for the purposes of article 30 has been granted or revoked within the preceding calendar month.

PART V FUNCTIONS OF THE AGENCY AND LOCAL AUTHORITIES

Enforcement.

36.

• (2) Each local authority shall be responsible for the enforcement of the provisions of articles 14, 15, 17(2), 29, 37 and 38 of these Regulations within their functional areas and shall take such steps as are necessary for this purpose.

• (3) The Agency or, as appropriate, the relevant local authority, shall be responsible for the enforcement of the provisions of articles 19, 20 and 21 of these Regulations within the State and shall take such steps as are necessary for this purpose.

Registration of Distributors.

37.

• (2) Each local authority shall be required to provide for the maintenance of the register, and the inspection of each premises registered therein.

• (3) A distributor shall, in respect of each premises from which he or she distributes electrical and electronic equipment, or, as appropriate, uses for the storage of electrical and electronic equipment prior to its distribution -

• (a) apply for registration, not later than 13 August 2005, or the date of commencement of business, whichever is the later, and

• (b) apply for renewal of such registration, not later than 31 January in each year following initial registration, subject only that a distributor or, as appropriate, a producer shall not be required to make such application within -

• (i) six months of initial registration, or

• (ii) seven months of initial registration in respect of applications received prior to 13 August 2005.

to the local authority in the functional area in which each premises at which he or she stores waste electrical and electronic equipment accepted for return by him or her in accordance with the provisions of article 14(1)(b)(i) of these Regulations, is situated.

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

• (a) declaration from the applicant that transport and storage of waste electrical and electronic equipment shall be in accordance with the -

• (i) technical requirements of the Sixth Schedule, and

• (ii) provisions of -

• (i) sections 34(1) and 39(1) of the Act, or, as appropriate,

• (ii) articles 38 and 39 of these Regulations, and

• (b) fee not exceeding €20.

• (5) The Minister may, no earlier than 1 January 2007, from time to time review and make an order, amending sub-article (4) by substituting for the amount standing specified in that sub-article for the time being a greater amount.

PART VI MISCELLANEOUS

Non-application of section 34(1)(a) of the Act.

38.

• (a) distributor, registered in accordance with the provisions of article 37 —

• (i) taking back waste electrical and electronic equipment from private households, or, as appropriate,

• (ii) depositing waste electrical and electronic equipment from private households at a collection point,

that was replaced by him or her on a one-to-one basis by electrical and electronic equipment of equivalent type or which has fulfilled the same functions as the supplied equipment in accordance with the provisions of article 14(1)(b)(i), and is disposed of in accordance with the provisions of article 15, or

• (b) person or persons, acting on behalf of a body, which has been granted charitable recognition by the Revenue Commissioners and issued with a Charity (CHY) Number provided that the activity is confined to the transport of waste electrical and electronic equipment other than waste electrical and electronic equipment listed in category 5 of the First Schedule,

provided that 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 ) other than a vehicle designed for the carriage of a skip or other demountable container.

• (2) the exemptions provided for in sub-article (1) shall not apply —

• (a) to contaminated waste electrical and electronic equipment that presents a health and safety risk,

• (b) unless transport of the waste electrical and electronic equipment is to an authorised facility where it will be stored in accordance with the technical requirements as set out in the Sixth Schedule, and

• (c) unless the waste electrical and electronic equipment will be reused or eventually treated at an appropriate facility in accordance with the technical requirements as set out in the Seventh Schedule.

Non-application of section 39(1) of the Act.

39.

• (a) where electrical and electronic equipment is distributed, or a facility used by a distributor for the storage of electrical and electronic equipment prior to its distribution, and where the quantities of waste electrical and electronic equipment being stored at any one time does not exceed —

• (i) 90 cubic metres of household waste electrical and electronic equipment, other than waste specified in paragraphs (ii) and (iii),

• (ii) 2,000 units of waste electrical and electronic equipment listed in category 5 of the First Schedule, or, as appropriate,

• (iii) 50 kgs of mobile phones,

provided it was replaced on a one-to-one basis by electrical and electronic equipment of equivalent type or which fulfilled the same functions as the supplied equipment in accordance with the provisions of article 14(1)(b)(i), is disposed of in accordance with the provisions of article 15, and that such a place is registered and inspected in accordance with the provisions of article 37, or

• (b) owned or occupied by a body, which has been granted charitable recognition by the Revenue Commissioners, and issued with a Charity (CHY) Number

and where the quantities being stored at any one time does not exceed —

• (i) 90 cubic metres of household waste electrical and electronic equipment other than waste electrical and electronic equipment listed in category 5 of the First Schedule and waste specified in paragraph (ii),

• (ii) 50 kgs of mobile phones,

• (2) the exemptions provided for in sub-article (1) shall not apply —

• (a) to contaminated waste electrical and electronic equipment that presents a health and safety risk,

• (b) unless storage of the waste electrical and electronic equipment is in accordance with the technical requirements as set out in the Sixth Schedule, and

• (c) unless the waste electrical and electronic equipment will be reused or eventually treated at an appropriate facility in accordance with the technical requirements as set out in the Seventh Schedule.

• (3) On and from 13 August 2005, waste electrical and electronic equipment from private households, deposited by final users or taken back by distributors in accordance with the provisions of article 14(1)(b)(i) through deliveries by commercial vehicles, may be accepted and stored at a collection point pending onward transport to an authorised treatment facility, or a temporary facility established with the approval of, or designated by, the appropriate local authority to which members of the public have access for the deposit of waste electrical and electronic equipment from private households, where —

• (a) the quantities of waste electrical and electronic equipment being stored at any one time do not exceed —

• (i) 540 cubic metres of waste electrical and electronic equipment from private households, other than waste specified in paragraphs (ii) and (iii).

• (ii) 12,000 units of waste electrical and electronic equipment listed in Category 5 of the First Schedule, or as appropriate,

• (iii) 300 kgs of mobile phones, and

• (b) where the waste electrical and electronic equipment shall be stored for a period not exceeding 30 days.

• (4) Sub-article 3 shall only apply where —

• (a) the restrictions imposed on the sources, maximum quantities and duration of storage of waste electrical and electronic equipment from private households are not exceeded at any time, and

• (b) a —

• (i) licensed, or, as appropriate, permitted facility has notified the Agency, or, as appropriate, the relevant local authority of its intentions to accept waste electrical and electronic equipment from private households that will be deposited by final users or taken back by distributors in accordance with the provisions of article 14(1)(b)(i) through deliveries by commercial vehicles and has received written approval from the Agency, or as appropriate, the relevant local authority to this request, or

• (ii) registration certificate has been granted under sub-article 5 by the Agency, or, as appropriate, the relevant local authority in relation to the reception of waste electrical and electronic equipment from private households that will be deposited by final users or taken back by distributors in accordance with the provisions of article 14(1)(b)(i) through deliveries by commercial vehicles at the facility, and

• (c) the activity is being carried on in accordance with the technical requirements specified in the Sixth Schedule, the rules specified in the Eleventh Schedule and complies with the general requirements laid down in Article 4 of Directive 75/442/EEC.

• (5)
• (a) On and from 13 August 2005, a person may accept and store waste electrical and electronic equipment from private households, deposited by final users or taken back by distributors in accordance with the provisions of article 14(1)(b)(i), at a collection point through deliveries by commercial vehicles pending onward transport to an authorised treatment facility, where a registration certificate has been granted in lieu of a waste permit in relation to the carrying on of the said activity at that facility.

• (b) The Agency or, as appropriate, a local authority may, on application being made to it in accordance with these Regulations, grant a registration certificate (with or without conditions) or refuse to grant such a certificate, in relation to the carrying on at a facility of the said activity.

• (c) An application for a registration certificate shall be made —

• (i) in the case of an activity carried on by, or on behalf of, a local authority, to the Agency,

• (ii) in the case of an activity carried on by a person other than a local authority, to a local authority in whose functional area the relevant facility is located.

• (d) An application for a registration certificate shall contain the information specified in the Twelfth Schedule, where appropriate.

• (e) On and from 13 February 2006, a fee of €300 shall accompany an application for a registration certificate.

• (f) A local authority or, as appropriate, the Agency shall decide on an application for a registration certificate within four weeks from the date of submission of a valid application.

• (g) Notwithstanding paragraph (f), where an applicant demonstrates that he or she has applied for a registration certificate to the Agency, or, as appropriate, the relevant local authority in respect of a collection point prior to 13 February 2006, such a collection point shall, in the period before a registration certificate is granted or refused, be deemed to be registered in accordance with the terms of paragraph (a).

Product Design.

40 (1) On and from 13 August 2005, each producer shall —

• (a) be prohibited from preventing waste electrical and electronic equipment from being reused through specific design features or manufacturing processes, unless such specific design features or manufacturing processes present overriding advantages with sustainable environmental practices, or, as appropriate, health and safety requirements, and

• (b) ensure that he or she, when designing and producing electrical and electronic equipment, takes into account and facilitates the dismantling and recovery, in particular the reuse and recycling of waste electrical and electronic equipment, together with all the components and materials contained therein.

• (2) Without prejudice to sub-article (1) the Minister from time to time may issue guidance concerning the design of and production of electrical and electronic equipment.

Reuse of electrical and electronic equipment

41 (1) On and from 13 August 2005, each end user, distributor, local authority, producer and treatment facility in possession of waste electrical and electronic shall having regard to sustainable environmental practices or, as appropriate, health and safety requirements, give priority to the reuse of whole appliances.

• (2) Without prejudice to sub-article (1) the Minister from time to time may issue guidance concerning the reuse of whole appliances.

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

• Large cooling appliances

• Refrigerators

• Freezers

• Other large appliances used for refrigeration, conservation and storage of food

• Washing machines

• Clothes dryers

• Dish washing machines

• Cooking Equipment

• Electric stoves

• Electric hot plates

• Microwaves

• Other large appliances used for cooking and other processing of food

• Electric heating appliances

• Electric radiators

• Other large appliances for heating rooms, beds, seating furniture

• Electric fans

• Air conditioner appliances

• Other fanning, exhaust ventilation and conditioning equipment

• Vacuum cleaners

• Carpet sweepers

• Other appliances for cleaning

• Appliances used for sewing, knitting, weaving and other processing for textiles

• Irons and other appliances for ironing, mangling and other care of clothing

• Toasters

• Fryers

• Grinders, coffee machines, other small appliances used for cooking and other processing of food and equipment for opening or sealing containers or packages

• Electric knives

• Appliances for hair-cutting, hair drying, tooth brushing, shaving, massage and other body care appliances

• Clocks, watches and equipment for the purpose of measuring, indicating or registering time

• Seales

• Centralised data processing:

• Mainframes

• Minicomputers

• Printer units

• Personal computing:

• Personal computers (CPU, mouse, screen and keyboard included)

• Laptop computers (CPU, mouse, screen and keyboard included)

• Notebook computers

• Notepad computers

• Printers

• Copying equipment

• Electrical and electronic typewriters

• Pocket and desk calculators

• and other products and equipment for the collection, storage, processing presentation or communication of information by electronic means

• User terminals and systems

• Facsimile

• Telex

• Telephones

• Pay telephones

• Cordless telephones

• Cellular telephones

• Answering systems

• and other products or equipment of transmitting sound, images or other information by telecommunications

• Radio sets

• Television sets

• Videocameras

• Video recorders

• Hi-fi recorders

• Audio amplifiers

• Musical instruments

• And other products or equipment for the purpose of recording or reproducing sound or images, including signals

• or other technologies for the distribution of sound and image than by telecommunications

• Luminaires for fluorescent lamps with the exception of luminaires in households

• Straight fluorescent lamps

• Compact fluorescent lamps

• High intensity discharge lamps, including pressure sodium lamps and metal halide lamps

• Low pressure sodium lamps

• Other lighting or equipment for the purpose of spreading or controlling light with the exception of filament bulbs

• Drills

• Saws

• Sewing machines

• Equipment for turning, milling, sanding, grinding, sawing, cutting shearing, drilling, making holes, punching.

• folding, bending or similar processing of wood, metal and other materials

• Tools for riveting, nailing or screwing or removing rivets, nails, screws or similar uses

• Tools for welding, soldering or similar use

• Equipment for spraying, spreading, dispersing or other treatment of liquid or gaseous substances by other means

• Tools for mowing or other gardening activities

• Electric trains or car racing sets

• Hand-held video game consoles

• Video games

• Computers for biking, diving, running, rowing, etc.

• Sports equipment with electric or electronic components

• Coin slot machines

• Radiotherapy equipment

• Cardiology

• Dialysis

• Pulmonary ventilators

• Nuclear medicine

• Laboratory equipment for in-vitro diagnosis

• Analysers

• Freezers

• Fertilization tests

• Other appliances for detecting, preventing, monitoring, treating, alleviating illness, injury or disability

• Smoke detector

• Heating regulators

• Thermostats

• Measuring, weighing or adjusting appliances for household or as laboratory equipment

• Other monitoring and control instruments used in industrial installations (e.g. in control panels)

• Automatic dispensers for hot drinks

• Automatic dispensers for hot or cold bottles or cans

• Automatic dispensers for solid products

• Automatic dispensers for money

• All appliances which deliver automatically all kind of products

THIRD SCHEDULE

INFORMATION TO BE COMPILED AND PROVIDED WHEN APPLYING FOR REGISTRATION OR RENEWAL OF REGISTRATION IN ACCORDANCE WITH ARTICLE 11

PART 1 Information to be provided for the purpose of registration.

Name:

Address of Registered Office:

Telephone No.:

Fax No.:

E-mail:

PART 2 Information to be provided for the purpose of renewal of registration

Name:

Address of Registered Office:

Telephone No.:

Fax No.:

E-mail:

FOURTH SCHEDULE

REQUIREMENTS REGARDING NOTICES IN ACCORDANCE WITH ARTICLES 14, 16 AND 24

Part 1 Requirements regarding a notice in accordance with the provisions of article 14(3).

A notice for the purpose of article 14(3) shall —

• (a) be not less in dimension than 40 centimetres in height and 30 centimetres in width or 30 centimetres in height and 40 centimetres in width.

• (b) be so printed in black indelible ink with a times new roman font size of at least 32 or equivalent and line space of at least 1.5 lines on a yellow background and affixed, on a durable material, so as to be easily visible and legible.

• (c) not be obscured or concealed at any time, and

• (d) state the following —

“ WASTE MANAGEMENT ACT 1996

[Name of distributor] participates in a scheme operated by [Name of undertaking approved by local authority] which has been approved by [Name of local authority] for the collection of waste electrical and electronic equipment. [Name of undertaking approved by local authority] accepts waste electrical and electronic equipment at [address of premises accepting waste electrical and electronic equipment]. [Name of distributor] is therefore not required to accept waste electrical and electronic equipment on these premises. ”

Part 2 Requirements regarding a notice in accordance with the provisions of article 16(12).

A notice for the purpose of article 16(12)(b)(ii) shall —

• (a) be not less in dimension than 40 centimetres in height and 30 centimetres in width or 30 centimetres in height and 40 centimetres in width,

• (b) be so printed in black indelible ink with a times new roman font size of at least 32 or equivalent and line space of at least 1.5 lines on a white background and affixed, on a durable material, so as to be easily visible and legible,

• (c) not be obscured or concealed at any time, and

• (d) bear the following wording in addition to details of the relevant environment management costs —

“The prices of these items include contributions to a producer recycling fund to ensure that waste electrical and electronic equipment is collected and recycled in a responsible manner.”

Part 3 Requirements regarding a notice in accordance with the provisions of article 24(1).

A notice for the purpose of article 24(1) shall —

• (a) be not less in dimension than 40 centimetres in height and 30 centimetres in width or 30 centimetres in height and 40 centimetres in width,

• (b) be so printed in black indelible ink with a times new roman font size of at least 32 or equivalent and line space of at least 1.5 lines on a white background and affixed, on a durable material, so as to be easily visible and legible,

• (c) not be obscured or concealed at any time, and

• (d) state the following —

“ WASTE MANAGEMENT ACT 1996

A plan specifying the steps to be taken by [name of producer] for the purpose of recovering waste electrical and electronic waste is available at these premises or, if so requested, will be sent by post, fax or electronic mail. ”

and

• (d) be affixed until the preparation of a subsequent report in accordance with the provisions of article 27(3).

Part 4 Requirements regarding a notice in accordance with the provisions of article 24(3).

A notice for the purpose of article 24(3) shall —

• (a) be not less in dimension than 40 centimetres in height and 30 centimetres in width or 30 centimetres in height and 40 centimetres in width.

• (b) be so printed in black indelible ink with a times new roman font size of at least 32 or equivalent and line space of at least 1.5 lines on a white background and affixed, on a durable material, so as to be easily visible and legible.

• (c) not be obscured or concealed at any time, and

• (d) state the following —

“ WASTE MANAGEMENT ACT 1996

A report specifying the steps taken by [name of producer] for the purpose of recovering waste electrical and electronic equipment is available at these premises and, if so requested, will be sent by post, fax or electronic mail. ”

FIFTH SCHEDULE

CALCULATION OF THE AMOUNT EQUAL TO INTEREST COMPOUNDED ON A DAILY BASIS IN ACCORDANCE WITH ARTICLE 16

The full costs of the environmentally sound management of waste electrical and electronic equipment shall be calculated.

• (a) where the EURIBOR is recorded as a numeral,

C = Current substantiated costs of the environmentally sound management of waste electrical and electronic equipment on date electrical and electronic equipment is placed on the market.

R = One month EURIBOR rate to three decimal places plus 5.000.

A = Amount to be lodged to a blocked bank account on date electrical and electronic equipment is placed on the market.

as follows:

• The number of years must not be less than the projected average life of the electrical and electronic equipment concerned.

or

• (b) where the EURIBOR is recorded as a percentage,

C = Current substantiated costs of the environmentally sound management of waste electrical and electronic equipment on date electrical and electronic equipment is placed on the market.

R = One month EURIBOR rate to three decimal places plus 5%.

A = Amount to be lodged to a blocked bank account on date electrical and electronic equipment is placed on the market.

as follows:

• The number of years must not be less than the projected average life of the electrical and electronic equipment concerned.

SIXTH SCHEDULE

TECHNICAL REQUIREMENTS IN ACCORDANCE WITH ARTICLE 20

— impermeable surfaces for appropriate areas with the provision of spillage collection facilities and, where appropriate, decanters and cleanser-degreasers.

— weatherproof covering for appropriate areas.

— balances to measure the weight of the treated waste.

— impermeable surfaces and waterproof covering for appropriate areas with the provision of spillage collection facilities and, where appropriate, decanters and cleanser-degreasers.

— appropriate storage for disassembled spare parts.

— appropriate containers for storage of batteries, PCBs/PCTs containing capacitors and other hazardous waste such as radioactive waste,

— equipment for the treatment of water in compliance with health and environmental Regulations.

SEVENTH SCHEDULE

SELECTIVE TREATMENT FOR MATERIALS AND COMPONENTS OF WASTE ELECTRICAL AND ELECTRONIC EQUIPMENT IN ACCORDANCE WITH ARTICLE 21

— polychlorinated biphenyls (PCB)containing capacitors in accordance with Council Directive 96/59/EC of 16 September 1996 on the disposal of polychlorinated biphenyls and polychlorinated terphenyls (PCB/PCT)⁸ .

— mercury containing components, such as switches or backlighting lamps.

— batteries,

— printed circuit boards of mobile phones generally, and of other devices if the surface of the printed circuit board is greater than 10 square centimetres.

— toner cartridges, liquid and pasty, as well as colour toner,

— plastic containing brominated flame retardants.

— asbestos waste and components which contain asbestos,

— cathode ray tubes,

— chlorofluorocarbons (CFC), hydrochlorofluorocarbons (HCFC)or hydrofluorocarbons (HFC),hydrocarbons (HC).

— gas discharge lamps.

— liquid crystal displays (together with their casing where appropriate)of a surface greater than 100 square centimetres and all those back-lighted with gas discharge lamps.

— external electric cables.

— components containing refractory ceramic fibres as described in Commission Directive 97/69/EC of 5 December 1997 adapting to technical progress Council Directive 67/548/EEC relating to the classification, packaging and labelling of dangerous substances⁹ ,

— components containing radioactive substances with the exception of components that are below the exemption thresholds set in article 3 of and Annex I to Council Directive 96/29/Euratom of 13 May 1996 laying down basic safety standards for the protection of the health of workers and the general public against the dangers arising from ionising radiation¹⁰ ,

— electrolyte capacitors containing substances of concern (height >25 mm. diameter >25 mm or proportionately similar volume)

These substances, preparations and components shall be disposed of or recovered in compliance with article 4 of Council Directive 75/442/EEC.

— cathode ray tubes: The fluorescent coating has to be removed.

— equipment containing gases that are ozone depleting or have a global warming potential (GWP) above 15, such as those contained in foams and refrigeration circuits: the gases must be properly extracted and properly treated. Ozone-depleting gases must be treated in accordance with Regulation (EC) No 2037/2000 of the European Parliament and of the Council of 29 June 2000 on substances that deplete the ozone layer¹¹ .

— gas discharge lamps: The mercury shall be removed.

EIGHTH SCHEDULE

INFORMATION TO BE PROVIDED IN PLANS AND IN ACCORDANCE WITH ARTICLE 24

PART 1 Information to be provided in a plan in accordance with the provisions of article 24(1).

• (a) recovered by or on behalf of the producer, and

• (b) accepted by recovery operators,

in the relevant period, in each of the categories specified in the First Schedule.

PART 2 Information to be provided in a report in accordance with the provisions of article 24(3).

• (a) recovered by or on behalf of the producer, and

• (b) accepted by recovery operators.

in the relevant period, in each of the categories specified in the First Schedule.

NINTH SCHEDULE

SYMBOL FOR THE MARKING OF ELECTRICAL AND ELECTRONIC EQUIPMENT INDICATING SEPARATE COLLECTION IN ACCORDANCE WITH ARTICLE 27

The symbol indicating separate collection for electrical and electronic equipment consists of the crossed-out wheeled bin, as shown below. The symbol must be printed visibly, legibly and indelibly and conform to any such standard that may be promoted by the Commission.

TENTH SCHEDULE

INFORMATION TO BE PROVIDED WHEN APPLYING FOR REGISTRATION OR RENEWAL OF REGISTRATION IN ACCORDANCE WITH ARTICLE 39

Information to be provided for the purpose of registration.

Name:

Address of Registered Office:

Telephone No.:

Fax No.:

E-mail:

ELEVENTH SCHEDULE

RULES IN RESPECT OF REGISTERED ACTIVITIES IN ACCORDANCE WITH ARTICLE 39

• (a) Any emissions from the activity concerned shall not result in contravention of any relevant standard, including any standard for an environmental medium or any relevant emission limit value, prescribed under any enactment.