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

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

Product Design.

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

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

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

Reuse of electrical and electronic equipment

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

Commencement

Revocation

FIRST SCHEDULE

Categories of Electrical and Electronic Equipment

SECOND SCHEDULE

List of Electrical and Electronic Equipment which shall be taken into account for the purpose of these Regulations and which fall under the Categories set out in the First Schedule

— Large cooling appliances

— Refrigerators

— Freezers

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

— Washing machines

— Clothes dryers

— Dish washing machines

— Cooking Equipment

— Electric stoves

— Electric hot plates

— Microwaves

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

— Electric heating appliances

— Electric radiators

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

— Electric fans

— Air conditioner appliances

— Other fanning, exhaust ventilation and conditioning equipment

— Vacuum cleaners

— Carpet sweepers

— Other appliances for cleaning

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

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

— Toasters

— Fryers

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

— Electric knives

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

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

— Scales

— Centralised data processing:

— Mainframes

— Minicomputers

— Printer units

— Personal computing:

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

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

— Notebook computers

— Notepad computers

— Printers

— Copying equipment

— Electrical and electronic typewriters

— Pocket and desk calculators

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

— User terminals and systems

— Facsimile

— Telex

— Telephones

— Pay telephones

— Cordless telephones

— Cellular telephones

— Answering systems

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

— Radio sets

— Television sets

— Video cameras

— Video recorders

— Hi-fi recorders

— Audio amplifiers

— Musical instruments

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

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

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

— Straight fluorescent lamps

— Compact fluorescent lamps

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

— Low pressure sodium lamps

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

— Drills

— Saws

— Sewing machines

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

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

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

— Tools for welding, soldering or similar use

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

— Tools for mowing or other gardening activities

— Electric trains or car racing sets

— Hand-held video game consoles

— Video games

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

— Sports equipment with electric or electronic components

— Coin slot machines

— Radiotherapy equipment

— Cardiology

— Dialysis

— Pulmonary ventilators

— Nuclear medicine

— Laboratory equipment for in-vitro diagnosis

— Analysers

— Freezers

— Fertilization tests

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

— Smoke detector

— Heating regulators

— Thermostats

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

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

— Automatic dispensers for hot drinks

— Automatic dispensers for hot or cold bottles or cans

— Automatic dispensers for solid products

— Automatic dispensers for money

— All appliances which deliver automatically all kind of products

THIRD SCHEDULE

Calculation of the amount equal to Interest Compounded on a Daily basis in Accordance with Article 16

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

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

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

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

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

as follows:

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

or

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

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

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

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

as follows:

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

FOURTH SCHEDULE

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

PART 1 Information to be provided for the purpose of registration

Registered Name:

Address of Registered Office:

Telephone No.:

Fax No.:

E-mail:

Trading Name:

Address for Correspondence:

Name of the contact person in the company responsible for compliance with the Regulations:

Contact Person’s Telephone No.:

Contact Person’s Fax No.:

Contact Person’s E-mail:

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

Registered Name:

Address of Registered Office:

Telephone No.:

Fax No.:

E-mail:

Trading Name:

Address for Correspondence:

Name of the contact person in the company responsible for compliance with the Regulations:

Contact Person’s Telephone No.:

Contact Person’s Fax No.:

Contact Person’s E-mail:

FIFTH SCHEDULE

Requirements regarding notices in accordance with Articles 14, 25 and 30

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

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

• (a) be not less in dimension than 42 centimetres in height and 29.7 centimetres in width or 29.7 centimetres in height and 42 centimetres in width,

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

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

• (d) state the following—

“WASTE MANAGEMENT ACT 1996

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

PART 2 Requirements regarding a notice in accordance with the provisions of article 30(3).

A notice for the purpose of article 30(3) shall—

• (a) be not less in dimension than 29.7 centimetres in height and 21 centimetres in width or 21 centimetres in height and 29.7 centimetres in width,

• (b) be so printed in bold type in black indelible ink with a times new roman font size of at least 24 or equivalent and line space of at least 1.25 lines on a white background and affixed, on a durable material, so as to be easily visible and legible,

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

• (d) bear the following wording—

“

FREE RECYCLING

WASTE MANAGEMENT ACT 1996

Waste Electrical and Electronic Equipment (WEEE) is taken back free of charge in this store on a one-for-one, like-for-like basis.

Each local authority must also accept household WEEE free of charge at its recycling facilities.

All WEEE must be recycled and should not be placed in your waste disposal or recycling bins.

Make sure you always recycle all your old electrical goods.”

PART 3 Requirements regarding a notice in accordance with the provisions of Article 25(1).

A notice for the purpose of article 25(1) shall—

• (a) be not less in dimension than 42 centimetres in height and 29.7 centimetres in width or 29.7 centimetres in height and 42 centimetres in width,

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

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

• (d) state the following—

“WASTE MANAGEMENT ACT 1996

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

and

• (e) be affixed until the preparation of a subsequent report in accordance with the provisions of article 25(3).

PART 4 Requirements regarding a notice in accordance with the provisions of Article 25(3).

A notice for the purpose of article 25(3) shall—

• (a) be not less in dimension than 42 centimetres in height and 29.7 centimetres in width or 29.7 centimetres in height and 42 centimetres in width,

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

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

• (d) state the following—

“WASTE MANAGEMENT ACT 1996

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

PART 5 Requirements regarding a notice in accordance with the provisions of Article 30(4).

A notice for the purpose of article 30(4) shall—

• (a) be not less in dimension than 29.7 centimetres in height and 21 centimetres in width or 21 centimetres in height and 29.7 centimetres in width,

• (b) be so printed in bold type black indelible ink with a times new roman font size of at least 20 or equivalent and line space of at least 1.5 lines on a white background and affixed, on a durable material, so as to be easily visible and legible,

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

• (d) bear the following wording “—

“FREE RECYCLING

WASTE MANAGEMENT ACT 1996

Waste Electrical and Electronic Equipment (WEEE) is taken back free of charge in this store on a one-for-one, like-for-like basis.

Waste batteries including rechargeable batteries are taken back free of charge in this store.

You are not obliged to make any purchase when returning old batteries here.

Each local authority must also accept household WEEE and small batteries free of charge at its recycling facilities.

All WEEE and waste batteries must be recycled and should not be placed in your waste disposal or recycling bins.

Make sure you always recycle all your old electrical goods and batteries.”

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

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

— weatherproof covering for appropriate areas.

— balances to measure the weight of the treated waste,

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

— appropriate storage for disassembled spare parts,

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

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

SEVENTH SCHEDULE

Selective Treatment for Materials and Components of waste electrical and Electronic Equipment in accordance with Article 6(1) of the directive when first published on 13 February 2003 and which may be amended from time to time

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

16 O.J. No. L243, 24.9.1996, p.31.

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

— batteries,

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

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

— plastic containing brominated flame retardants,

— asbestos waste and components which contain asbestos,

— cathode ray tubes,

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

— gas discharge lamps,

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

— external electric cables,

— components containing refractory ceramic fibres as described in Commission Directive 97/69/EC of 5 December 1997 adapting to technical progress Council Directive 67/548/EEC relating to the classification, packaging and labelling of dangerous substances¹⁷ ,

17 O.J. No. L343, 13.12.1997, p.19.

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

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

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

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

— equipment containing gases that are ozone depleting or have a global warming potential (GWP) above 15, such as those contained in foams and refrigeration circuits: the gases must be properly extracted and properly treated. Ozone-depleting gases must be treated in accordance with Regulation (EC) No 2037/2000 of the European Parliament and of the Council of 29 June 2000 on substances that deplete the ozone layer¹⁸ .

18 O.J. No. L159, 29.6.1996, p.1.

— gas discharge lamps: The mercury shall be removed.

EIGHTH SCHEDULE

Information to be provided in plans and in accordance with Article 25

PART 1 Information to be provided in a plan in accordance with the provisions of article 25(1).

Registered Name:

Address of Registered Office:

Telephone No.:

Fax No.:

E-mail:

Trading Name:

Address for Correspondence:

Name of the contact person in the company responsible for compliance with the Regulations:

Contact Person’s Telephone No.:

Contact Person’s Fax No.:

Contact Person’s E-mail:

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

• (b) accepted by recovery operators,

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

PART 2 Information to be provided in a report in accordance with the provisions of article 25(3).

Registered Name:

Address of Registered Office:

Telephone No.:

Fax No.:

E-mail:

Trading Name:

Address for Correspondence:

Name of the contact person in the company responsible for compliance with the Regulations:

Contact Person’s Telephone No.:

Contact Person’s Fax No.:

Contact Person’s E-mail:

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

• (b) accepted by recovery operators,—

• (i) in the State, and

• (ii) outside the Stare

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

• (i) in the State, and

• (ii) outside the State

during the relevant period, and the nature of the disposal operations involved.

NINTH SCHEDULE

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

The symbol—

• (a) demonstrating that electrical and electronic equipment has been placed on the market since 13 August 2005, and

• (b) indicating that electrical and electronic equipment should not be disposed of as unsorted municipal waste, but segregated for separate collection,

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

TENTH SCHEDULE

Information to be provided when applying for registration or renewal of registration in accordance with Article 40

Information to be provided for the purpose of registration.

Name:

Address of Registered Office:

Telephone No.:

Fax No.:

E-mail:

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

• (a) The register prescribed in paragraph 15 of Part I of the Fourth Schedule of the Waste Management (Facility Permit and Registration) Regulations 2007 ( S.I. No. 821 of 2007 ), which shall also be available on request or, as appropriate, for inspection by the local authority or, as appropriate, the Agency, shall also detail—

• (i) The dates, time of collections and quantities of each waste consignment (by European Waste Catalogue code(s) and description(s) pursuant to Commission Decision 2001/118/EC of 16 January 2001 or subsequent amendments) collected from the facility,

• (ii) Names of the carriers, including vehicle registration details, in respect of waste collected from the facility, and

• (b) Origin of waste rejected from the facility.

TWELFTH SCHEDULE

Information to be provided in applications for registration in accordance with Article 42

An application for a registration certificate shall—

• (a) give the name, address and, where applicable, any telephone number and telefax number of the applicant and, if different, any address to which correspondence relating to the application should be sent and, if the applicant is a body corporate, the address of its registered or principal office,

• (b) give the location or postal address of the facility to which the application relates,

• (c) describe the nature of the facility concerned,

• (d) specify the class or classes of activity concerned, in accordance with the Third and Fourth Schedules of the Act,

• (e) specify the quantity of waste (in tonnes) and nature of the waste or wastes, which will be recovered or disposed of, as the case may be.

• (f) specify the code according to the European Waste List (Decision 2001/118) or subsequent amendments,

• (g) identify monitoring and sampling points and indicates proposed arrangements for the monitoring of emissions and the environmental consequences of any such emissions,

• (h) describe any proposed arrangements for the off-site treatment or disposal of wastes,

• (i) describe the existing or proposed measures, including emergency procedures, to prevent unauthorised or unexpected emissions and minimise the impact on the environment of any such emissions,

• (j) describe the expected lifetime of the facility or activity

• (k) planning permission number (if applicable),

• (l) details of any proposed on-site traffic management system and the control procedures to be adopted to ensure the orderly movement of vehicles without creation of unreasonable nuisance and without detriment to the environment.

GIVEN under the Official Seal of the Minister for the Environment, Community, and Local Government,

5 July 2011.

PHIL HOGAN,

Minister for the Environment, Community and Local Government.

EXPLANATORY NOTE

(This note is not part of the Instrument and does not purport to be a legal interpretation.)

These Regulations give further effect to the provisions of European Parliament and Council Directive 2002/96/EC as amended by European Parliament and Council Directive 2003/108/EC and by Article 5 of Directive 2008/112/EC of the European Parliament and of the Council and revoke the Waste Management (Waste Electrical and Electronic Equipment) Regulations 2005 ( S.I. No. 340 of 2005 ) as amended by the Waste Management (Waste Electrical and Electronic Equipment) (Amendment) Regulations 2008 ( S.I. No. 375 of 2008 ) and the Waste Management (Waste Electrical and Electronic Equipment) (Amendment) Regulations 2010 ( S.I. No. 143 of 2010 ).

They are designed to promote the recovery of waste electrical and electronic equipment. They will facilitate in particular the achievement of the targets for the collection, treatment, recovery and disposal of waste electrical and electronic equipment in an environmentally sound manner established by Directive 2002/96/EC on waste electrical and electronic equipment as amended by Directive 2003/108/EC.

The Regulations impose obligations on persons who supply electrical and electronic equipment to the Irish market, whether as retailers, importers or manufacturers. An exemption from these obligations is available to persons who participate in a scheme for the collection, treatment, recovery and disposal of waste electrical and electronic equipment in an environmentally sound manner operated by an approved body established in accordance with the provisions of Part IV of these Regulations.

Footnotes