S.I. No. 355/2011 - European Communities (Waste Electrical and Electronic Equipment) Regulations 2011

INDEX

PART I Preliminary and General

1.

2.

3.

4.

PART II Registration Body

5.

6.

7.

8.

9.

10.

11.

12.

13.

PART III Management of Waste Electrical and Electronic Equipment

14.

15.

16.

17.

18.

19.

20.

21.

22.

23.

24.

25.

26.

27.

28.

29.

30.

PART IV Approved Bodies

31.

32.

33.

34.

35.

36.

PART V Offences and Functions of the Agency and Local Authorities

37.

38.

39.

40.

PART VI Miscellaneous

41.

42.

43.

44.

45.

46.

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

Calculation of the Amount Equal to Interest Compounded on a Daily Basis in Accordance with Article 16

FOURTH SCHEDULE

Information to be Compiled and Provided when applying for Registration or Renewal of Registration in accordance with Article 11

FIFTH SCHEDULE

Requirements Regarding Notices in accordance with Articles 14, 25 and 30

SIXTH SCHEDULE

Technical Requirements in accordance with Article 6(3) of the Directive when first published on 13 February 2003 and which may be amended from time to time

SEVENTH SCHEDULE

Selective Treatment for Materials and Components of Waste Electrical and Electronic Equipment in Accordance with Article 6(1) of the Directive when first published on 13 February 2003 and which may be amended from time to time

EIGHTH SCHEDULE

Information to be provided in Plans and Reports In accordance with Article 25

NINTH SCHEDULE

Symbol for the Marking of Electrical and Electronic Equipment indicating separate collection in accordance with Article 28

TENTH SCHEDULE

Information to be provided when applying for Registration or Renewal of Registration in accordance with Article 40

ELEVENTH SCHEDULE

Additional Rules to those specified in Part I of the Waste Management (Facility Permit and Registration) Regulations 2007 ( S.I. No. 821 of 2007 ) as amended by the Waste Management (Facility Permit and registration) (Amendment) Regulations 2008 ( S.I. No 86 of 2008 ) in Respect of Registered Activities in Accordance with Article 42

TWELFTH SCHEDULE

Information to be provided in Applications for Registration in accordance with Article 42

S.I. No. 355 of 2011

EUROPEAN COMMUNITIES (WASTE ELECTRICAL AND ELECTRONIC EQUIPMENT) REGULATIONS 2011

Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of 12th July, 2011.

I, PHIL HOGAN, Minister for the Environment, Community and Local Government, in exercise of the powers conferred on me by section 3 of the European Communities Act 1972 (No. 27 of 1972), for the purpose of giving further effect to the provisions of European Parliament and Council Directive 2002/96/EC¹ amended by European Parliament and Council Directive 2003/108/EC² of 8 December 2003 and by Article 5 of Directive 2008/112/EC³ of the European Parliament and of the Council of 16 December 2008 amending Council Directives 76/768/EEC⁴ , 88/378/EEC⁵ , 1999/13/EC⁶ and Directives 2000/53/EC⁷ , 2002/96/EC⁸ and 2004/42/EC⁹ of the European Parliament and of the Council in order to adapt them to Regulation (EC) No. 1272/2008¹⁰ , hereby make the following Regulations:

PART I Preliminary and General

Citation

Purpose of Regulations

Interpretation of Regulations

• (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—

“Act of 1996” means the Waste Management Act (No. 10 of 1996);

“Agency” means the Environmental Protection Agency;

“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 29(4) (u) of the Act of 1996;

“authorised person” means a person who is appointed in writing by the Minister, a local authority, the Agency or such other person as may be prescribed to be an authorised person for the proposes of the Act or any Part or section thereof;

“battery” or “accumulator” means any source of electrical energy generated by direct conversion of chemical energy and consisting of one or more primary battery cells (non rechargeable) or consisting of one or more secondary battery cells (rechargeable);

“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;

“Central Statistics Office” means the Office established under section 8 (1) of the Statistics Act 1993 (No. 21 of 1993);

“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 of 1996, or other such facilities as may be prescribed in Regulations;

“dangerous substance or mixture” has the same meaning as “dangerous substance or preparation” and means any substance or preparation which has to be considered dangerous under Council Directive 67/548/EEC¹¹ or, as appropriate, Directive 1999/45/EC of the European Parliament and of the Council¹² ; and—

• (a) means any mixture which has to be considered dangerous under Directive 1999/45/EC of the European Parliament and of the Council of 31 May 1999 concerning the approximation of the laws, regulations and administrative provisions of the Member States relating to the classification, packaging and labelling of dangerous preparations or any substance which fulfils the criteria for any of the following hazard classes or categories set out in Annex I of Regulation (EC) No 1272/2008 of the European Parliament and of the Council of 16 December 2008 on classification, labelling and packaging of substances and mixtures—

• (i) hazard classes 2.1 to 2.4, 2.6 and 2.7, 2.8 types A and B, 2.9, 2.10, 2.12, 2.13 categories 1 and 2, 2.14 categories 1 and 2, 2.15 types A to F,

• (ii) hazard classes 3.1 to 3.6, 3.7 adverse effects on sexual function and fertility or on development, 3.8 effects other than narcotic effects, 3.9 and 3.10,

• (iii) hazard class 4.1, or

• (iv) hazard class 5.1; and

• (b) on and from 1 June 2015 means any substance or mixture which fulfils the criteria for any of the following hazard classes or categories set out in Annex I to Regulation (EC) No. 1272/2008 of the European Parliament and of the Council of 16 December 2008 on classification, labelling and packaging of substances and mixtures—

• (i) hazard classes 2.1 to 2.4, 2.6 and 2.7, 2.8 types A and B, 2.9, 2.10, 2.12, 2.13 categories 1 and 2, 2.14 categories 1 and 2, 2.15 types A to F,

• (ii) hazard classes 3.1 to 3.6, 3.7 adverse effects on sexual function and fertility or on development, 3.8 effects other than narcotic effects, 3.9 and 3.10,

• (iii) hazard class 4.1, or

• (iv) hazard class 5.1;

“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 and European Parliament and Council Directive 2008/112/EC of 16 December 2008 amending Directive 2002/96/EC on waste electrical and electronic equipment;

“disposal” means any of the applicable operations provided for in Annex I to Directive 2008/98/EC¹³ ;

“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 contracts¹⁴ 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 in the State 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, Community and Local Government;

“producer” means any person who, irrespective of the selling technique used, including by means of distance communication in accordance with 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 contracts—

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

• (ii) resells under his or her own brand equipment produced by other suppliers, a reseller not being regarded as the ‘producer’ if the brand of the producer appears on the equipment, as provided for in sub-paragraph (i), or

• (iii) imports or exports electrical and electronic equipment on a professional basis into a Member State.

Whoever exclusively provides financing under or pursuant to any finance agreement shall not be deemed a ‘producer’ unless he or she also acts as a producer within the meaning of sub-paragraphs (i) to (iii);

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

“prosecutor” means the Agency, Director of Public Prosecutions or Local Authority;

“recovery” means any of the applicable operations provided for in Annex II to Directive 2008/98/EC;

“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 approved by the Minister under section 53J of the Act for the purposes of transposing Article 12(1) of the Directive;

“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 equipment¹⁵ ;

“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 3(1) of Directive 2008/98/EC of the European Parliament and of the Council of 19 November 2008 and repealing certain Directives 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

• (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

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

Grant or refusal of approval

• (2) An approval issued in accordance with sub-article (1) shall be conditional on the submission to the Minister 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 or, as appropriate, Committee of Management,

• (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

• (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 therefore,

• (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, and

• (b) if intending to continue to operate as the registration body, shall not later than four 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 therefore,

• (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 any party so directed by 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

• (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 in the State,

• (b) provide for the determination of the proportion of market share held by each individual producer placing electrical and electronic equipment on the market in the State and notify him or her accordingly,

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

• (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.

• (4) No person serving or appointed to serve on the board of directors or, as appropriate, Committee of Management of the registration body shall have any current engagement or, as appropriate, material interest with any—

• (a) economic operator with obligations under or, as necessary,

• (b) approved body established in accordance with the provisions of Part IV of these Regulations.

Powers of the Registration Body

• (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,

• (e) review and validate environmental management costs, and

• (f) 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 necessary,

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

any individual producer other than to the individual producer concerned.

Obligation of producers to register with the Registration Body

• (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 28(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, 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), or

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

• (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.

• (3) Any person who 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 shall be prohibited from displaying any registration number issued by the registration body on any documentation, website or at any place.

• (4) Any person organising a trade show, exhibition or any event where electrical and electronic equipment is being distributed shall ensure that any distributor or, as appropriate, producer, distributing electrical and electronic equipment at the trade show, exhibition or, as appropriate, event concerned—

• (a) is registered in accordance with the provisions of article 40, and

• (b) who is required to comply with the provisions of sub-article (1) is in possession of a valid Certificate of Registration or a Certificate of Renewal of Registration in accordance with the provisions of article 12.

• (5) Notwithstanding sub-article (4), any person organising a trade show, exhibition or, as appropriate, any event who fails to ensure that a producer placing electrical and electronic equipment on the market in the State at the trade show, exhibition or, as appropriate, event concerned is in possession of a valid Certificate of Registration or a Certificate of Renewal of Registration in accordance with the provisions of article 12 shall be obliged to—

• (a) register each producer concerned in accordance with the provisions of sub-article (1),

• (b) take on the financial obligations of each producer concerned in accordance with the provisions of articles 16 and 18 of these Regulations,

• (c) achieve the targets specified in article 23,

• (d) maintain satisfactory records in accordance with the provisions of article 24 or, as appropriate,

• (e) provide the information specified in articles 11, 25, 26, 28, 29 or 30.

Application for registration or renewal of registration

• (a) apply for registration to the registration body or, as appropriate, a third party acting on its behalf not later than the date of commencement of business, 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 Fourth 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 of these Regulations,

• (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 in the State 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 the 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 in the State 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 Fourth 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 of these Regulations, 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 in the State 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 the 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 in the State 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 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) an application for, or renewal of, registration in accordance with the provisions of sub-article (1) 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 31 has been granted.

Certification of producers

• (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 expeditiously 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 23 or

• (b) maintain satisfactory records in accordance with the provisions of article 24 or

• (c) provide the information specified in articles 11, 25, 26, 28, 29 or 30 or

• (d) comply with the provisions of Regulations made or the purposes of transposing the RoHS Directive.

Distance Sellers

• (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 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 or,

• (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,

• (iii) Agency,

undertake to provide it with information that demonstrates, to its satisfaction, that 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

• (a) be prohibited from distributing electrical and electronic equipment—

• (i) placed on the market in the State by a producer who or, as appropriate,

• (ii) supplied to him or her by any person who supplies electrical and electronic equipment placed on the market in the State by a producer who—

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, and, as appropriate, 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 of 1996,

• (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 electronic 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, or

• (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 Fifth 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), 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 electronic 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.

• (8) Without prejudice to sub-articles (2)(a) and (7)(c), any distributor shall be prohibited from requiring a customer to sign any document or make any declaration stating that any item of waste electrical and electronic equipment is not available for collection.

Disposal of waste electrical and electronic equipment by distributors

• (a) shall be 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 of these Regulations 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 of these Regulations 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) including any distributor with obligations under article 16 of these Regulations, shall be 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 40 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 being 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,

• (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.

• (3) Without prejudice to sub-article (1)(b), each distributor of electrical and electronic equipment, including any distributor with obligations under article 16 of these Regulations, shall be entitled to dispose of waste electrical and electronic equipment from private households free of charge at a civic amenity facility 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 40, 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 being 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).

• (4) Without prejudice to sub-article (1) (a) (i), any distributor who transfers 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 of these Regulations or, as appropriate,

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

• (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 of these Regulations or,

• (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 of 1996 shall,—

• (I) ensure that its storage complies with the technical requirements as set out in Annex III of the Directive, subject to any amendment that may be made to that Annex from time to time,

• (II) ensure that its treatment shall, as a minimum, include the removal of all fluids and selective treatment in accordance with the requirements as set out in Annex II of the Directive, subject to any amendment that may be made to that Annex from time to time,

• (III) on and from 31 December 2008, ensure that he or she or a third party acting on his or her behalf meets, with regard to waste electrical and electronic equipment sent for treatment, the targets prescribed in article 23, and

• (IV) ensure where the waste electrical and electronic equipment concerned is treated in a third country, it is treated at a facility appropriately licensed or, as appropriate, permitted by the relevant authority or authorities in the third country concerned, and furnish documentary evidence that the requirements of paragraph (c) have been complied with.

• (5) Any person to whom sub-article (4) applies shall ensure that he or she or a third party acting on his or her behalf records—

• (a) the source of all waste electrical and electronic equipment collected, 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.

• (6) Records kept pursuant to sub-article (5) 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.

• (7) The prohibition in sub-article (1)(a)(i) shall not apply in respect of electrical and electronic equipment returned to or accepted by a distributor under the provisions of the Sale of Goods and Supply of Services Act, 1980 (No. 16 of 1980) and which is subsequently returned to the producer.

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

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

• (b) all products of electrical and electronic equipment for private households placed on the market in the State 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 in the State 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 in the State, 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 in the State, 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 First Schedule or,

• (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 in the State 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 or,

• (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 in the State by him or her, or,

• (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 in the State, 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 First Schedule.

• (4) Each producer placing electrical and electronic equipment on the market in the State 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 in the State 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 First 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 in the State by the producer concerned or,

• (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 in the State 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 in the State from 13 August 2005 onwards,

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

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

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

• (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—

• (i) 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 in the State, have been discharged in full and the discharge of such liabilities is 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) or, 3(c) or, 3(d), or

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

• (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 in the State, have been discharged in full and the discharge of such liabilities is 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), or 3(b) or, 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 in the State 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 when—