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

• (a) 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

• (b) a producer—

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

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

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

• (10) Notwithstanding sub-article (9), environmental management costs may be shown separately to the buyers of electrical and electronic equipment provided the cost shown does not exceed the current substantiated cost of the environmentally sound management of that equipment type until 13 February 2013 for the electrical and electronic equipment listed in category 1 of the First Schedule.

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

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

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

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

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

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

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

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

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

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

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

• (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,

• (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 (d), each distributor shall make available at the point of sale to the purchaser concerned an invoice, receipt or docket which shall state “Price of electrical items includes Producer Recycling Fund contribution.”

• (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.

• (13) 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 in the State, 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 23 of these Regulations.

• (14) 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, receivership or

• (c) enters into a scheme of arrangement or compromise in accordance with the provisions of section 201 of the Companies Acts 1963 to 2009,

the financial guarantee provided for in sub-article (3) shall not be used by any person or persons, including the liquidator, examiner, receiver or, 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, subordinated creditors, other than for fulfilling the obligations of the producer concerned as laid down in sub-article (1).

• (15) 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 in the State.

Collection of waste electrical and electronic equipment by a producer

• (2) Where a producer fails to comply with the requirements of sub-article (1) 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.

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

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

• (b) placed on the market in the State 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 in the State 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.

• (3) Without prejudice to sub-article (1), a distributor to users other than private households, shall supply each customer with details of the producer responsible for financing the environmentally sound management of each item of—

• (a) electrical and electronic equipment placed on the market in the State on and from 13 August 2005 when it reaches end of life or,

• (b) waste electrical and electronic equipment arising from electrical and electronic equipment placed on the market in the State prior to 13 August 2005 that is being replaced by him or her with new equivalent products or with new products fulfilling the same function.

• (4) Any distributor failing to comply with the provisions of sub-article (3) shall be obliged to—

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

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

• (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.

Alternative Financing Arrangements

• (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), each—

• (a) producer shall in advance of the sale of electrical and electronic equipment notify that user in writing of any or all of the obligations that transfer to the final user concerned in connection with the environmentally sound management of the waste electrical and electronic equipment, and where appropriate, of his or her obligations to fulfil the provisions of articles 22 and 23, and

• (b) final user shall by the 31 January of each year, in respect of the previous calendar year, provide each producer concerned with adequate information to meet his record keeping obligations under article 24, and to demonstrate that—

• (i) all waste electrical and electronic equipment was treated in accordance with the provisions of article 22, and

• (ii) the targets as laid down in article 23 for the environmentally sound management of waste electrical and electronic equipment have been achieved.

Collection of waste electrical and electronic equipment

• (2) 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.

• (3) 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—

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

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

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

• (4) 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

Treatment of waste electrical and electronic equipment

• (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 18 (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 18(2), or

• (ii) avails of alternative financing methods as provided for in article 19(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 Annex II of the Directive, subject to any amendment that may be made to that Annex from time to time.

• (2) Without prejudice to sub-article (1), where waste electrical and electronic equipment is treated in a third country, the producer or, as appropriate, user of electrical and electronic equipment for users other than a private household who concludes an agreement stipulating other financing methods provided for in article 19(1) 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 23 have been complied with.

• (3) Any facility, establishment or undertaking carrying out treatment operations shall obtain as appropriate, a licence or permit from the relevant authority or authorities.

Recovery of waste electrical and electronic equipment

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

• (i) the rate of recovery shall be 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

• (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

• (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 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 Fifth 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 Fifth 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) of these Regulations, the Agency shall in determining the adequacy of a plan submitted in accordance with the provisions 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

• (a) reuse and treatment information,

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

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

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

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

• (a) 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 in order to demonstrate it has been placed on the market since 13 August 2005 and that it should not be disposed of as unsorted municipal waste, and

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

• (i) 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,

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

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

• (iv) 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,

• (c) the warranty of the product, or

• (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

• (a) 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 in the State, 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 31 January of each year in respect of the previous calendar year ending 31 December or, as appropriate,

• (ii) on request within a specified period or by a specified date, in respect of any specified period or, as appropriate,

• (b) 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

• (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.

• (3) Notwithstanding sub-article (1), each distributor of household electrical and electronic equipment shall fix and maintain, in a conspicuous position within one metre of the point of sale or, as appropriate, display of electrical and electronic equipment a notice complying with the requirements specified in Part 2 of the Fifth Schedule.

• (4) The obligation of sub-article (3) will be deemed to have been met if a distributor of electrical and electronic equipment and batteries or, as appropriate, accumulators, fixes and maintains in a conspicuous position within one metre of the point of sale or, as appropriate display of electrical and electronic equipment and batteries or, as appropriate, accumulators a notice complying with the requirements specified in Part 5 of the Fifth Schedule.

• (5) Notwithstanding sub-article (1), any person advertising household electrical and electronic equipment in print media will be required, in any advertisement, to include the following text “Waste Electrical and Electronic Equipment (WEEE) must never be placed in your waste disposal or recycling bins. WEEE is taken back free of charge at electrical retail outlets on a one-for-one like-for-like basis. Local authority civic amenity facilities also take back WEEE free of charge. WEEE recycling is free”.

• (6) The obligation of sub-article (5) will only be deemed to have been met if the information is clearly visible and understandable and is printed proportionately in text where each letter is at least 2mm in height.

• (7) Notwithstanding sub-articles (5) and (6), any person advertising household electrical and electronic equipment and batteries in print media may for the purposes of fulfilling the obligation in sub-article (5) and the obligation in article 33(3) of the Waste Management (Batteries and Accumulators) Regulations 2008 ( S.I. No. 268 of 2008 ), in any advertisement, include the following text “Waste Electrical and Electronic Equipment (WEEE) and waste batteries must never be placed in your waste disposal or recycling bins. WEEE is taken back free of charge at electrical retail outlets on a one-for-one like-for-like basis. There is a bin for small batteries in your local store. Local authority civic amenity facilities also take back WEEE and waste batteries free of charge. WEEE and waste battery recycling is free” provided the information is clearly visible and understandable and is printed proportionately in text where each letter is at least 2mm in height.

PART IV Approved Bodies

Exemption from certain requirements

• (a) private households shall, be exempt from the requirements of articles 16, 20, 22, 23 and 25 of these Regulations, or, as appropriate,

• (b) users other than private households, shall be exempt from the requirements of articles 18, 20, 22, 23 and 25,

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 34.

Application to the Minister for approval

• (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 31 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 23 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 in the State 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 31,

• (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, and

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

Grant or refusal of approval

• (2) Subject to article 34, 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 31 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 23 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 in the State 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 31,

• (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) of these Regulations and

• (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 34,

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

• (c) enters into a scheme of arrangement or compromise in accordance with the provisions of section 201 of the Companies Acts 1963 to 2009,

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, 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 producers participating in the approved body 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

• (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 33, or require the approved body to make a new application in accordance with the provisions of article 32 for a renewal of an approval.

• (2) Where the Minister proposes to review an approval granted in accordance with the provisions of article 33, or require the making of a new application in accordance with the provisions of article 32, the Minister shall—

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

• (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 32, as the case may be, and

• (c) 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 33, as the case may be.

• (4) Where an approval granted in accordance with the provisions of article 33 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, and

• (b) if intending to continue to operate as an approved body, shall not later than four months before the expiry of the approval, make an application to the Minister in accordance with the provisions of article 32.

• (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 with article 33.

• (6) Where the Minister proposes to revoke an approval granted in accordance with the provisions of article 33, the Minister shall—

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

• (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

• (a) at any premises or, as appropriate,

• (b) on or in, any—

• (i) vehicle,

• (ii) product,

• (iii) packaging,

• (iv) advertisement or, as appropriate,

• (v) notice,

any logo or other mark or symbol designed and adopted by that approved body for use by producers or, as appropriate, distributors certified by that approved body for the purposes of article 31.

Notifications to local authorities and the Registration Body and provision of information to the Agency and the Central Statistics Office

• (a) not later than the 7th day of each month, notify—

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

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

• (iii) the Agency

of any producer in respect of which a certificate for the purposes of article 31 has been granted or revoked within the preceding calendar month, and

• (b) furnish such information, in such form and at such frequency as may be specified by the Agency or the Central Statistics Office, in relation to activities carried out by producers or recovery operators contracted by that body, for the purposes of complying with these Regulations.

PART V Offences and Functions of the Agency and Local Authorities

Enforcement

• (2) The Agency shall be responsible for the enforcement of the provisions of articles 8, 9, 10, 11, 12, 13, 14(7), 16, 18(1), 19, 23, 24, 25, 26, 27, 28, 29, 31, 35, 36, and 43 of these Regulations within the State and shall take such steps as are necessary for this purpose.

• (3) Each local authority shall be responsible for the enforcement of the provisions of articles 14(1), 14(2), 14(3), 14(4), 14(5), 14(6), 15, 17, 18(2), 30, 40 and 41 of these Regulations within their functional areas and shall take such steps as are necessary for this purpose.

• (4) The Agency or, as appropriate, the relevant local authority, shall be responsible for the enforcement of the provisions of articles 14(8), 20, 21, 22 and 42 of these Regulations within the State and shall take such steps as are necessary for this purpose.

• (5) The Agency or a local authority may, for the purpose of determining compliance with these Regulations, by the service of a notice in writing on any producer or distributor, require the producer or distributor concerned to furnish in writing to the Agency or a local authority, as the case may be, within such period (being not less than 14 days after the date of the service of the notice) and, if appropriate, thereafter at such frequency as may be specified in the notice, such records including, but not exclusively, invoices, credit notes, dispatch or, as appropriate, delivery dockets as may be so specified.

• (6) Information obtained under sub-article (5) by—

• (a) a local authority, or any summary or compilation of, or any report based on, such information may, and shall if the Minister or the Agency so requests, be furnished to the Minister or the Agency or,

• (b) the Agency, or any summary or compilation of, or any report based on, such information may, and shall if the Minister or an appropriate local authority so requests, be furnished to the Minister or the appropriate local authority,

as the case may be.

Powers of an authorised person

• (a) at all reasonable times, or at any time if he or she has reasonable grounds for believing that there may be a risk of environmental pollution arising from the carrying on of an activity at the premises or that such pollution is occurring, enter any premises and bring thereon such other persons (including members of the Garda Síochána) or equipment as he or she may consider necessary for the purpose, and

• (b) at any time halt (if necessary) and board any vehicle and have it taken, or require the driver of the vehicle to take it, to a place designated by the authorised person, and such a vehicle may be detained at that place by the authorised person, for such period as he or she may consider necessary for the purpose.

• (2) Subject to sub-article (7), an authorised person shall not, other than with the consent of the occupier, enter into a private dwelling under this Regulation unless he or she has given to the occupier of the dwelling not less than 24 hours notice in writing of his or her intended entry.

• (3) Every authorised person when exercising any power conferred on him or her by or under these Regulations, shall, if requested by any person affected, produce the certificate furnished to him or her under section 14(3) of the Act of 1996.

• (4) Whenever an authorised person enters any premises or boards any vehicle, pursuant to this Regulation, the authorised person may therein, as appropriate—

• (a) make such plans, take such photographs, record such information on data loggers, make such tape, electrical, video or other recordings and carry out such inspections,

• (b) make such copies of documents and records (including records in electronic form) found therein and take such samples,

• (c) carry out such surveys, take such levels, make such excavations and carry out such examinations of depth and nature of subsoil,

• (d) require that the premises or vehicle or any part of the premises or anything in the premises or vehicle shall be left undisturbed for such period,

• (e) require from an occupier of the premises or any occupant of the vehicle or any person employed on the premises or any other person on the premises, such information,

• (f) require the production of and inspect such records and documents, (including records held in electronic form) and take copies of or extracts from, or take away if considered necessary for the purposes of inspection or examination, any such records or documents,

as the authorised person, having regard to all the circumstances, considers necessary for the purposes of exercising any power conferred on him or her, by or under these Regulations

(5)(a) An authorised person who, having entered any premises or boarded any vehicle, pursuant to this Regulation, considers that waste thereon or therein is such, or is being handled or transported in such manner, as to constitute a risk of environmental pollution, may direct the holder of such waste to take such measures as are considered by that authorised person to be necessary to remove that risk, including, the disposal of the waste, in such manner and place and within such period as the authorised person may specify.

• (b) If a holder of waste fails to comply with a direction of an authorised person under this paragraph, the authorised person may do all things as are necessary to ensure that the direction is carried out and the costs incurred by him or her in doing any such thing shall be recoverable from the holder of the waste by him or her, or the person by whom he or she was appointed, as a simple contract debt in any court of competent jurisdiction.

• (6) Any person who—

• (a) refuses to allow an authorised person to enter any premises or board any vehicle or to take any person or equipment with him or her in the exercise of his or her powers under this Regulation,

• (b) obstructs or impedes an authorised person in the exercise of his or her powers under the Regulation,

• (c) gives either to an authorised person, a relevant local authority or the Agency, information which to his or her knowledge is false or misleading in a material respect, or

• (d) fails or refuses to comply with any requirement of this Regulation or of an authorised person,

shall be guilty of an offence.

(7)(a) Where an authorised person in the exercise of his or her powers under this Regulation is prevented from entering any premises or if an authorised person has reason to believe that evidence related to a suspected offence under these Regulations may be present in any premises and that the evidence may be removed therefrom or destroyed, the authorised person or the person by whom he or she was appointed may apply to a judge of the District Court for a warrant under this paragraph authorising the entry by the authorised person into the premises.

• (b) If on application being made to him or her under this paragraph, a Judge of the District Court is satisfied, on the sworn information of the applicant, that the authorised person concerned has been prevented from entering a premises as aforesaid or that the authorised person has reasonable grounds for believing the other matters aforesaid, the judge may issue a warrant under his or her hand authorising that person, accompanied, if the judge deems it appropriate so to provide, by such number of members of the Garda Síochána as may be specified in the warrant, at any time or times within one month from the date of the issue of the warrant, on production if so requested of the warrant, to enter, if need be by force, the premises concerned and exercise the powers referred to in sub-article (4) or (5).

• (8) An authorised person may, in the exercise of any power conferred on him or her by these Regulations involving the bringing of any vehicle to any place, or where he or she anticipates any obstruction in the exercise of any other power conferred on him or her by or under this Regulation, request a member of the Garda Síochána to assist him or her in the exercise of such a power and any member of the Garda Síochána of whom he or she makes such a request shall comply therewith.

• (9) An authorised person may enter on land for the purpose of assessing the suitability of the land for waste disposal; such an entry shall be subject to the relevant provisions of section 252 (other than subsection (7)) of the Planning and Development Act 2000 (No. 30 of 2000) as if it were an entry made under that section.

Offences

• (2) Notwithstanding the provisions of section 10(4) of the Petty Sessions (Ireland) Act 1851, summary proceedings for an offence on account of contravention or failure to comply with articles of these Regulations may be commenced—

• (a) at any time within 24 months from the date on which the offence was committed, or

• (b) at any time within 24 months from the date on which evidence sufficient, in the opinion of the person by whom the proceedings are initiated, to justify the proceedings, comes to such person’s knowledge,

whichever is the later: provided that no such proceedings shall be initiated later than 2 years from the date on which the offence concerned was committed.

• (3) Without prejudice to sub-article (2), a certificate signed by or on behalf of the person initiating the proceedings for an offence on account of contravention or failure to comply with articles of these Regulations as to the date on which evidence relating to the offence came to his or her knowledge shall be prima facie evidence thereof and in any legal proceedings a document purporting to be a certificate issued for the purposes of this paragraph and to be so signed shall be deemed to be so signed and shall be admitted as evidence without proof of the signature of the person purporting to sign the certificate, unless the contrary is shown.

• (4) A person guilty of an offence under these Regulations is liable—

• (a) on summary conviction, to a class A fine or imprisonment for a term not exceeding 12 months, or both, or

• (b) on conviction on indictment, to a fine not exceeding €500,000 or imprisonment for a term not exceeding 3 years, or both.

• (5) Where a court imposes a fine or affirms or varies a fine imposed by another court for an offence under an article of these Regulations, taken by the Agency, it shall, on the application of the Prosecutor (made before the time of such imposition, affirmation or variation), provide by order for the payment of the amount of the fine to the Agency or local authority concerned.

• (6) Where a person is convicted of an offence under these Regulations, the court shall, unless it is satisfied that there are special and substantial reasons for not so doing, order the person to pay to the Prosecutor, the costs and expenses, measured by the court, incurred by the Agency or local authority in relation to the investigation, detection and prosecution of the offence, including costs and expenses incurred in the taking of samples, the carrying out of tests, examinations and analyses and in respect of the remuneration and other expenses of directors, employees, consultants and advisers engaged by the Agency or local authority.

Registration of Distributors

• (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 the date of commencement of business, 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 six months of initial registration, 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 Annex III of the Directive, subject to any amendment that may be made to that Annex from time to time, and

• (ii) provisions of—

• (A) sections 34(1) and 39(1) of the Act of 1996 or, as appropriate,

• (B) articles 41 and 42 of these Regulations, and

• (b) fee not exceeding €20.

• (5) The Minister may 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.

• (6) Without prejudice to sub-article (1), an association or body corporate representing distributors or an approved body established in accordance with the provisions of Part IV of these Regulations may, subject to sub-article (7) maintain a register for the purposes of this article.

• (7) An approval in accordance with the provisions of sub-article (6) shall be subject to such conditions as the Minister may specify, including but not exclusively—

• (a) the period of approval,

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

• (c) revocation of approval, and

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

• (8) 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.

• (9) Any association or body corporate representing distributors or approved body established in accordance with the provisions of Part IV of these Regulations that is approved in accordance with the provisions of sub-article (7)—

• (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.

• (10) Subject to sub-article (11), where it appears to the Minister that an association or body corporate representing distributors or an approved body established in accordance with the provisions of Part IV of these Regulations that is approved in accordance with the provisions of sub-article (7) is not complying with conditions attached to such approval, he or she may revoke the approval.

• (11) Where the Minister proposes to revoke an approval granted in accordance with the provisions of sub-article (7), the Minister shall—

• (a) give notice in writing to the association or body corporate or the approved body established in accordance with the provisions of Part IV of these Regulations concerned of the proposed decision and the reasons therefore,

• (b) specify a period of not less than four weeks within which the association or body corporate or the approved body established in accordance with the provisions of Part IV of these Regulations concerned may make a submission to the Minister in relation to the proposed decision, and

• (c) consider any submission so made.

• (12) Once an approval in accordance with the provisions of sub-article (7)—

• (a) is revoked by the Minister, or

• (b) expires,

the association or body corporate or approved body established in accordance with the provisions of Part IV of these Regulations concerned shall immediately transfer to each appropriate local authority, all records, documentation and data in written and in electronic form, relating to the register provided for in sub-article (6), including the requisite software and programmes.

• (13) A distributor shall fulfil the obligation in sub-article (3) if he or she applies, to an association or body corporate representing distributors or an approved body established in accordance with the provisions of Part IV of these Regulations that is approved in accordance with the provisions of sub-article (7), for the registration 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 their distribution.

• (14) Any distributor who registers 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 their distribution in accordance with the provisions of sub-article (13) shall be deemed to have fulfilled the obligations provided for in sub-articles (3) and (4).

PART VI Miscellaneous

Non-application of section 34(1)(a) of the Act of 1996

• (a) distributor, registered in accordance with the provisions of article 40—

• (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 Annex III of the Directive, subject to any amendment that may be made to that Annex from time to time, 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 Annex II of the Directive, subject to any amendment that may be made to that Annex from time to time.

Non-application of section 39(1) of the Act of 1996

• (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,

(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 40, 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 Annex III of the Directive, subject to any amendment that may be made to that Annex from time to time, 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 Annex II of the Directive, subject to any amendment that may be made to that Annex from time to time.

• (3) 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) 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 Annex III of the Directive, subject to any amendment that may be made to that Annex from time to time, the rules specified in—

• (i) Part I of the Fourth Schedule 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 ) subject to any amendment that may be made to those regulations from time to time, and

• (ii) the Eleventh Schedule of these Regulations

and complies with the general requirements laid down in Article 10 of Directive 2008/98/EC.

(5)(a) 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 must be made in writing and shall contain the information specified in the Twelfth Schedule, where appropriate.

• (e) 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.